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HomeMy WebLinkAbout05.C- City Clerk i DOC ID: 2799 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Council Minutes From: Georgeann "Gigi" Hanna M/CC Meeting Date: 12/02/2013 Prepared by: Georgeann "Gigi" Hanna, Dept: City Clerk Ward(s): All Subject: Council Minutes--November 4, 2013; and November 18, 2013 (#2799) Current Business Registration Certificate: Not Applicable Financial Impact: None. Motion: Approve the minutes of the Mayor and Common Council meetings of November 4, 2013; and November 18, 2013, as submitted. Synopsis of Previous Council Action: None. Background: None. Supporting Documents: 11-04-2013 (Draft)_LS_LH_gh (DOC) 11-18-2013 (Draft)_LH_LS_gh (DOC) Updated: 11/26/2013 by Georgeann"Gigi"Hanna N 0 v E ,M"-, 4 2 01 JT .., REGULAR M, �� EFTING D A F T ��d City of San Bernardino Mayor Patrick J. Morris sue ' 300 North "D" Street Council Members r4 Virginia Marquez ° © San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett DI 4t�4` Vacant Rikke Van Johnson Wendy J. McCammack M r DRAFT MINUTES N L d JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO > 0 Z MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 0 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY ti AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING i AS THE HOUSING AUTHORITY i MONDAY, NOVEMBER 4, 2013 COUNCIL CHAMBER L 0 The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino r was called to order by Mayor Patrick J. Morris at 3:08 p.m., Monday, November 4, 2013, in the N Council Chamber, 300 North "D" Street, San Bernardino, CA. (Note: At 2:00 p.m., City Clerk o Hanna made an announcement that the start time for the Council meeting had been delayed from 2:00 p.m. to 3:00 p.m.) a� Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward l Present 3:00 p.m. Robert D. Jenkins Council Member, Ward 2 Present 3:00 p.m. John Valdivia Council Member, Ward 3 Present 4:00 p.m. Fred Shorett Council Member, Ward 4 Present 3:00 p.m. ---------- Council Member, Ward 5 Vacant ---------- Rikk_e Van Johnson Council Member, Ward 6 Present 3:00 p.m. Wendy J. McCammack Council Member, Ward 7 Present 3:00 p.m. Patrick J. Morris Mayor Present 3:00 .m. James F. Penman City Attorney Present 3:00 p.m. Georgeann"Gigi" Hanna City Clerk Present 3:00 p.m. Allen J. Parker City Manager Present 3:02 p.m. Mayor and Common Council of the City of San Bernardino Page] S.C.a Joint Regular Meeting Minutes November 4, 2013 co1. Closed Session - Pursuant to Government Code Sections(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- MJ. 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. M r C. Conference with legal counsel - anticipated litigation - initiation of litigation - N pursuant to subdivision (c) of Government Code Section 54956.9. E D. Closed Session-personnel -pursuant to Government Code Section 54957. o z 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 3 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 =i 54956.8. co City Attorney Penman announced that the following additional item would be discussed in closed session under Agenda Item No. 1 G, conference with real property negotiator: o 0 Offer to purchase property held by Affordable Housing Solutions at 1420 Wall Street, r 0 San Bernardino. N 0 Mr. Penman advised that according to Chapters 2.65.020 and 2.65.040 of the Municipal r Code, the property shall be sold by competitive bid to the highest and best bidder, but the sales price shall not be less than the fair market value; and a formal appraisal shall be performed by a licensed appraiser who is not a City employee. r a Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Pastor Sandra Tice from First Presbyterian Church of San Bernardino. The Pledge of Allegiance was led by Samantha Trujillo, a student from Emmerton Elementary School. Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg.48 Joint Regular Meeting Minutes November 4, 2013 2. Appointments There were no commission appointments. 3. Presentations There were no presentations. 4. Announcements— Chamber of Commerce & Elected Officials 5. Consent Calendar M T 5A. City Clerk 04 Waive Full Reading of Resolutions and Ordinances E Motion: Waive full reading of resolutions and ordinances on the agenda dated o November 4, 2013. z RESULT: ADOPTED [UNANIMOUS] 00:26:351 w 3 MOVER: John Valdivia, Council Member,Ward 3 c SECONDER: Rikke Van Johnson, Council Member, Ward 6 rn AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack N VACANT: Ward 5 x i 5B. Civil Service Cn i Personnel Actions - Classified i Motion: Approve the classified personnel actions, as submitted by the Chief R Examiner, in accordance with Civil Service rules and Personnel policies ° adopted by the Mayor and Common Council of the City of San c Bernardino. N - o RESULT: ADOPTED [UNANIMOUS] 00:26:35 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 U AYES: Marquez, Jenkins, Valdivia, Shorett,Johnson, McCammack VACANT: Ward 5 a 5C. Fire 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 October 21, 2013) 1 Timestamp indicates when the motion/second were made,according to meeting video posted on the City web site. Mayor and Common Council of the City of San Bernardino Page 3 P y, °P cket Pg.-4 s Joint Regular Meeting Minutes November 4, 2013 Motion: Continue to November 18, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 11/18/2013 2:00 PM MOVER: Fred Shorett, Council Member,Ward 4 00:29:17 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 5D. Public Works RES. 2013-303 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of an Agreement with the County of San Bernardino for the Maintenance of a Portion of Old Waterman Canyon Road, Lying N L Outside of the Area Annexed to the City as Annexation No. 360 in the Arrowhead M Springs Area. d 0 Motion: Adopt the Resolution. z RESULT: ADOPTED [UNANIMOUS] 00:26:35 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez,Jenkins,Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 5E. Public Works Cn RES. 2013-304 — Resolution of the Mayor and Common Council of the City of San _i Bernardino Authorizing an Increase to Purchase Order 2014-1155 for a Total of$100,000 with Two (2) One-Year Extensions at the City's Option to Fleet Pride of Ontario for o Heavy Duty Truck Parts and Supplies. M r O N Public Comments: Iq 0 Shirley Harlan, San Bernardino Motion: Adopt the Resolution. ........ ......... E RESULT: ADOPTED [UNANIMOUS] 00:37:54 r r MOVER: Wendy J. McCammack, Council Member, Ward 7 a SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 5F. Public Works RES. 2013-305 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Purchase Order 2014-130 for an Amount Not to Exceed $45,000 with Two (2) One-Year Extensions at the City's Option to Colton Truck Supply of San Bernardino for Heavy Duty Truck Parts and Supplies. Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg.50 5.C.a Joint Regular Meeting Minutes November 4, 2013 co Public Comments: Shirley Harlan, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:37:54 MOVER: Wendy J. McCammack, Council Member,Ward 7 i SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez,Jenkins, Valdivia, Shorett,Johnson, McCammack VACANT: Ward 5 M r 5G. Public Works N RES. 2013-306 — Resolution of the Mayor and Common Council of the City of San I-, Bernardino Approving Contract Change Order Nos. 1 and 2 to Sean Malek Engineering E and Construction for Old Waterman Canyon Bridge Repairs (SS07-014) Per Plan No. o 11304. z Motion: Adopt the Resolution. r RESULT: ADOPTED [UNANIMOUS] 00:26:35 MOVER: John Valdivia, Council Member, Ward 3 ti SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack a, VACANT: Ward 5 �I Cn J 5H. Public Works RES. 2013-307 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Acceptance of Easements and Quitclaim Deeds from Inland ° Valley Development Agency (IVDA) for Street and Highway Purposes for Portions of c Tippecanoe Avenue, Central Avenue, and Lena Road. 0 Motion: Adopt the Resolution. c RESULT: ADOPTED [UNANIMOUS] 00:26:35 E .c MOVER: John Valdivia, Council Member,Ward 3 m SECONDER: Rikke Van Johnson, Council Member, Ward 6 a AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 5I. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a License Agreement Between the City of San Bernardino, San Bernardino Associated Governments (SANBAG), and Omnitrans for the 0 Construction and Maintenance of Public Improvements Installed in the Railroad Right of Way Related to the SbX Bus Project. (Continued from September 16, 2013) Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg. 51 Joint Regular Meeting Minutes November 4, 2013 Council Member McCammack stated she would abstain on this item. Motion: Table. RESULT: TABLED [5 TO 01 00:26:35 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSTAIN: Wendy J. McCammack VACANT: Ward 5 M O N 5J. Public Works RES. 2013-308 — Resolution of the Mayor and Common Council of the City of San d Bernardino Authorizing the Execution of a Vendor Purchase Agreement and Issuance of 'o an Annual Purchase Order in the Amount of $34,200 for FY 13/14 and $65,000 for ? Option Years One through Four with Four (4) One-Year Extensions at the City's Option to Unisource Worldwide, Inc. for the Purchase of Janitorial Products& Supplies. 3 Motion: Adopt the Resolution. C RESULT: ADOPTED [UNANIMOUS] 00:26:35 v MOVER: John Valdivia, Council Member, Ward 3 a, SECONDER: Rikke Van Johnson, Council Member, Ward 6 �I AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson, McCammack N� VACANT: Ward 5 L 0 5K. Public Works T RES. 2013-309 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Increase to Purchase Order c 2014-192 to a Total Amount Not to Exceed $50,000 with Two (2) One-Year Extensions at the City's Option to HREM INC. for the Fabrication and Repair of Refuse Truck Bodies, Floors, and Street Sweepers, Parts and Supplies as Needed Pursuant to Section 3.04.010-B3 of the Municipal Code. w Motion: Adopt the Resolution. a RESULT: ADOPTED [UNANIMOUS] 00:26:35 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg.52 S.C.a Joint Regular Meeting Minutes November 4, 2013 5L. Public Works RES. 2013-310 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of a Purchase Order to Fortel Traffic, Inc. for the Purchase of Solar-Powered Speed Feedback Signs (TC 08- 003), Per Request for Bid(RFB 12997). Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:26:35 MOVER: John Valdivia, Council Member,Ward 3 M SECONDER: Rikke Van Johnson, Council Member, Ward 6 N AYES: Marquez,Jenkins,Valdivia, Shorett, Johnson, McCammack (D VACANT: Ward 5 0 a� 0 Z 5M. Successor Agency ' RES. 2013-311 — Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of c the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 150 East Third Street, San Bernardino, California. Council Member Marquez stated she would abstain on this item because 150 E. Third Street is her neighbor and it's within 500 feet of her residence. _i Cn Motion: Adopt the Resolution. Ji w 2 RESULT: ADOPTED [5 TO 01 00:26:35 MOVER: John Valdivia, Council Member, Ward 3 0 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Jenkins,Valdivia, Shorett, Johnson, McCammack ABSTAIN: Virginia Marquez ; c VACANT: Ward 5 w 5N. Successor Agency Q RES. 2013-312 — Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 2474 Cheryle Court, San Bernardino, California. Motion: Adopt the Resolution. 0 Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg. 53 5.C.a Joint Regular Meeting Minutes November 4, 2013 RESULT: ADOPTED [UNANIMOUS] 00:26:35 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 - -- 6. Staff Reports 6A. City Clerk An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Chapter 2.57 to the San Bernardino Municipal Code Regarding Online or Electronic N Filing of Fair Political Practices Commission Form 460s. (FIRST READING) E Motion: Council Member Shorett made a motion, seconded by Council Member c Johnson, that the Ordinance be laid over for final adoption. No vote was Z taken. y d w Public Comments: _ Scott Olson, San Bernardino Robert Rego, San Bernardino ti N Substitute � Motion: Council Member McCammack made a motion, seconded by Council =i Member Valdivia, to adopt the ordinance with the provision that forms _i due after February 1, 2014 be part of this mandatory system, with a one U) year dual track and a six-month probationary period for new committees. L City Attorney Penman requested that the item be continued to November 18, 2013, to ° allow his staff sufficient time to prepare the ordinance. o N Council Member McCammack withdrew her motion. o Substitute C Motion: Council Member McCammack made a motion, seconded by Council E Member Valdivia, to continue to November 18, 2013, to include the caveats for a one year dual track and a six-month probationary period. a Council Member Johnson suggested that the item be continued to February 3, 2014. Council Members McCammack and Valdivia agreed to the amendment. Amended Substitute Motion: Continue to February 3, 2014, and include caveats for a one year dual track and a six-month probationary period. Mayor and Common Council of the City of San Bernardino Page 8 P r PPaC,IC@ }fig.54 y Joint Regular Meeting Minutes November 4, 2013 RESULT: CONTINUED [UNANIMOUS] Next: 2/3/2014 2:00 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 01:03:35 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson,McCammack VACANT: Ward 5 i 6B. City Clerk RES. 2013-313 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Procedure for Conducting the Special Election to Fill the Vacancy in the Fifth Ward Council Seat for Tuesday, February 4, 2014 and Authorizing c the Prepayment of the Costs Estimated for Said Election to the County of San C+ L Bernardino. n E Motion: Adopt Resolution B (Traditional Polling Place Election). c ........................... ........ -_. z RESULT: ADOPTED [UNANIMOUS] 01:18:26 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson,McCammack VACANT: Ward 5 s a� 6C. Council Office Contracting of Fire Services CI i Public Comments: 2 Jay Lindberg, San Bernardino 0 Ron Coats, San Bernardino Paul Sanborn, San Bernardino N Scott Olson, San Bernardino 0 Sandra Olivas, San Bernardino Anthony Jones, San Bernardino Barbara Babcock, San Bernardino E Pastor Eddie Jones, San Bernardino Motion: Direct the City Manager to begin the process of soliciting proposals for a contracting fire services to outside agencies, including, but not limited to, Cal Fire and San Bernardino County. Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg. 55 Joint Regular Meeting Minutes November 4, 2013 RESULT: FAILED [3 TO 21 01:23:56 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett, Rikke Van Johnson NAYS: Robert D. Jenkins,John Valdivia ABSENT: Wendy J. McCammack VACANT: Ward 5 6D. Fire Ordinance of the City of San Bernardino Amending Chapter 15.16 of the San Bernardino c Municipal Code and Adopting the 2013 California Fire Code, with Appendices, and i Incorporating by Reference the 2012 Edition of the International Fire Code and Necessary California Amendments, Together with California Code of Regulations, Title 24. (FIRST READING) Z Motion: Lay over Ordinance for final adoption. RESULT: FIRST READING [UNANIMOUS] Next: 11/18/2013 2:00 PM g' MOVER: Rikke Van Johnson, Council Member, Ward 6 01:50:26 a; a� SECONDER: Virginia Marquez, Council Member, Ward 1 N AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 � X 7. Public Comments on Items Not on the Agenda L Kenneth Baines, San Bernardino, spoke about City policy that is causing problems. When police are called, they don't come out because they don't think it's an important r 0 issue. N v 0 Bill Sandefur, San Bernardino, spoke in support of Virginia Marquez for the help she gave the tenants of the Meadowbrook Park& Tower Apartments. m E Lonnie Tuff, San Bernardino, thanked the mayor and Council Member Marquez for the help they gave to the residents of the Meadowbrook Park&Tower Apartments. r a Don Levin, San Bernardino, spoke about how Council Member Marquez helped the tenants at Meadowbrook Park & Tower Apartments and helped make a bad situation good and said she deserves to keep her seat on the Council. Pastor Eddie Jones, San Bernardino, thanked the city manager and Council Member Marquez for her work on the Meadowbrook Towers issue, for praying with them and talking to them; and said he opened his office of the San Bernardino Civil Rights Association, at 255 N. "D" Street, in the public defender's building. Mayor and Common Council of the City of San Bernardino Page 10 Packet Pg. 56 Joint Regular Meeting Minutes November 4, 2013 David Armstrong, Long Beach, spoke about having a stalking problem by a lieutenant in the San Bernardino Sheriff's Department since 2008. He stated that he was seeking an audience with the San Bernardino Chief of Police to discuss the matter. Kathy Pinegar, San Bernardino, stated that she was running for the Fourth Ward Council seat, and that she has a plan for San Bernardino. She said people are not aware of who Mr. Shorett is and handed him a"Three-Day Pay or Quit"notice. Larry Guidry, San Bernardino, representative of the Neighborhood Association Council, formerly known as the Neighborhood Cluster Association, spoke about the recent cleanup of Perris Hill Park. He thanked all the volunteers for making a difference and also thanked City workers who participated. 0 N Carol Donnelly, San Bernardino, Founder of COPS (Citizens Offering Police Support), asked if the City could paint over the sign on Kendall by the Castaway Restaurant that d reads "All-America City of 1977"; and said she could not support anyone who wants to 0 outsource police or fire. Z Nick Gonzalez, San Bernardino, spoke about the sbX project and City pensions and � asked residents to vote "yes" on the recall and for Nick Gonzalez for 7th Ward Councilman. rn Jay Lindberg, San Bernardino, said he would have enjoyed getting into the election battle, had his neighborhood been annexed into the City; and he explained how the City got into the situation it now finds itself in. =I J I Margaret Hill, Highland, stated that she admires all the incumbents and the candidates running for office. She said the City does not belong to seven council members, a mayor, a city attorney, a clerk and a city manager—it belongs to all of us. We have a role to play o and we need to start today. We have to do a little bit more than come down here the first M and third Monday and complain. We need to shape up, and if you're not willing to shape up, you should ship out. 0 Barbara Babcock, San Bernardino, stated that this is perhaps the biggest election the r City has ever had and read an article from the El Chicano Weekly relating to their endorsement of candidates. E Matt Korner, San Bernardino, announced that he is one of the candidates for Mayor and .2 stated that he has not accepted any money from any interests that conflict with those of the citizens of this City, nor has he accepted any donations of more than $100. He asked if Mrs. McCammack would accept donations from fire unions in a potential run-off, and if she would make Mr. Penman chief of staff if she is elected Mayor. Sandra Olivas, San Bernardino, announced that Pioneer Days will be held on January 18, 2014, at the Santa Fe Depot from 10 a.m. to 3 p.m. Jeff Thurman, San Bernardino, apologized for yelling from the audience earlier in the meeting. He stated that he could not accept the fact that Mrs. McCammack refused to vote on an item and he admired Mr. Shorett for bringing the issue back. Mayor and Common Council of the City of San Bernardino Page 11 Packet,Pg. 57 Joint Regular Meeting Minutes November 4, 2013 Wendy McCammack, San Bernardino, said she was compelled to speak as a resident, property owner, taxpayer and as a human being because she acts with the courage of her convictions and will continue to do so and will stand proudly by her votes. She stated that she did not vote because she was asked by Stn Ward residents to make sure there wasn't a tie that the mayor could break. Deanna Adams, San Bernardino, urged people to vote "no" on the recall and to re-elect Councilman Jenkins. 8. Adjournment The meeting adjourned at 7:02 p.m. The next joint regular meeting of the Mayor and ch T Common Council and the Mayor and Common Council Acting as the Successor Agency N to the Redevelopment Agency is scheduled for 2:00 p.m., Monday,November 18, 2013. E d GEORGEANN "GIGI" HANNA z° City Clerk d By Linda Sutherland a� Deputy City Clerk N 0 s J I N J I to L M T 0 N O r C d E t V clS r+ r Q Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg.58 �-T 17 NOVEMBER 18 � 0 1 2 3 MIN TES JTm RE LAR MEETIN RAFT) City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members �* Virginia Marquez c San Bernardino, CA 92418 Robert D. Jenkins htt //www.sbcit or P� Y• g John Valdivia Fred Shorett • �'t'DED i Vacant Rikke Van Johnson James Mulvihill M r DRAFT MINUTES N L CD JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL d OF THE CITY OF SAN BERNARDINO o z MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING u, AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING CD AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY rn ti N AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING N rn AS THE HOUSING AUTHORITY ji x J MONDAY,NOVEMBER 18, 2013 COUNCIL CHAMBER R 0 M r The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino N was called to order by Mayor Patrick J. Morris at 2:13 p.m., Monday,November 18, 2013, in the r- Council Chamber, 300 North "D" Street, San Bernardino, California. Roll Call d Attendee Name Title Status Arrived Virginia 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 2:00 p.m. James Mulvihill Council Member,Ward 7 Present X2:00 p.m. Patrick J. Morris Mayor Present 2:00 p.m. Gary D. Saenz City Attorney Present 2:00 p.m. Georgeann"Gigi" Hanna City Clerk Present 2:00 p.m. _ Allen J. Parker . City Mana er Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page] Packet Pg. 59 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 MJ. 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. M T C. Conference with legal counsel - anticipated litigation - initiation of litigation - N pursuant to subdivision (c) of Government Code Section 54956.9. E D. Closed Session-personnel -pursuant to Government Code Section 54957. c Z E. Closed session with Chief of Police on matters posing a threat to the security of Is 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. N G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Senior Assistant City Attorney Grider announced that the following additional items Ji would be discussed in closed session: L 0 Under Agenda Item No. 1A, Existing Litigation: Fox Case; 0 N Under Agenda Item No. 1 D, Personnel: two cases. 00 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: a 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 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 Packet Pg.60 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 r O N 3C. Student of the Month -- Stephanie Mora — Middle College High School -- Council Member Valdivia E m 0 3D. Citizens of the Month -- Pastors Owusu and Johari Hodari -- Council Member z Johnson a� 3 C 3E. Resolution of Commendation—Police Chief Robert Handy—Mayor Morris a� ti 4. Announcements -- Elected Officials and Chamber of Commerce 5. Consent Calendar J 5A. City Clerk Waive Full Reading of Resolutions and Ordinances 0 Motion: Waive full reading of resolutions and ordinances on the agenda dated November 18, 2013. N co ......................... ..._ ......... ........----- - ____. r RESULT: ADOPTED [UNANIMOUS] 02:54:001 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 E AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill a ABSENT: Robert D. Jenkins a 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 _... Packe#;Pg.61 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 M T O N 5C. City Manager RES. 2013-315 - Resolution of the Mayor and Common Council of the City of San E Bernardino Authorizing the City Manager to Execute a Vendor Services Agreement with c Municipal Housing Solutions for Technical Assistance and Program Administration z Related to the Management of the City's Home Investment Partnership Program (HOME) N and Neighborhood Stabilization (NSP) Programs. c Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 co AYES: Marquez,Valdivia, Shorett, Johnson, Mulvihill =� ABSENT: Robert D. Jenkins VACANT: Ward 5 0 M r O N 5D. Civil Service Personnel Actions—Classified T 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 r Bernardino. a 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 Packet Pg.62 Malmo Joint Regular Meeting Minutes November 18, 2013 5E. Fire 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 r SECONDER: Fred Shorett, Council Member, Ward 4 N AYES: Marquez, Valdivia, Shorett,Johnson, Mulvihill E ABSENT: Robert D. Jenkins VACANT: Ward 5 z° N d w C 5F. Fire Ord. MC-1392 - Ordinance of the City of San Bernardino Amending Chapter 15.16 of Cn the San Bernardino Municipal Code and Adopting the 2013 California Fire Code, with ,°- 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) J x i Motion: Adopt the Ordinance. Ji RESULT: ADOPTED [UNANIMOUS] 02:54:00 o MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 N co AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill r ABSENT: Robert D. Jenkins VACANT: Ward 5 E w 5G. Police a 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. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 -- Picki)t Pg.63- 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 c Bernardino Authorizing the Issuance of a Purchase Order to Inland Computer Systems of N San Bernardino in the Amount of $67,000 Utilizing Proposition 30/AB109 and OTS Grant Funds, and the Police General Fund for the Purchase of Computers and Equipment. 0 Motion: Adopt the Resolution. z N d RESULT: ADOPTED [UNANIMOUS] 02:54:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 Cn AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins VACANT: Ward 5 rnl J 2 J I 5I. Police 2 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 c (RFP) for Private DNA Processing and Database Services. noo Motion: Adopt the Resolution. — c d RESULT: ADOPTED [UNANIMOUS] 02:54:00 E MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 a 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 Packet Pg.64 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. RESULT: ADOPTED [UNANIMOUS] 02:56:03 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill c ABSENT: Robert D. Jenkins N as VACANT: Ward 5 d 0 5K. Public Works Z 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. rn ti Motion: Adopt the Resolution. s RESULT: ADOPTED [UNANIMOUS] 02:57:53 CI MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez,Valdivia, Shorett, Johnson, Mulvihill ABSENT: Robert D. Jenkins M VACANT: Ward 5 0 N 00 r V- 5L. Public Works RES. 2013-321 - Resolution of the Mayor and Common Council of the City of San E Bernardino Directing the Public Works Director to Issue a "Request for Proposals for 0 Concrete Maintenance Services." RFP F-14-18. Q 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 f �„' `s 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 r ABSENT: Robert D. Jenkins N L VACANT: Ward 5 E d 0 Z 5N. Public Works RES. 2013-323 - Resolution of the Mayor and Common Council of the City of San 2 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. Cn i Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:54:00 w MOVER: John Valdivia, Council Member, Ward 3 0 SECONDER: Fred Shorett, Council Member,Ward 4 M AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill C°,, co ABSENT: Robert D. Jenkins VACANT: Ward 5 r ----------- —-- a� E 50. Public Works 2 RES. 2013-324 - Resolution of the Mayor and Common Council of the City of San Q 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 Packet Pg.66 S.C.b 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 c Bernardino Authorizing the City Manager to Execute a Cooperative Agreement by and L' Between the Inland Valley Development Agency (IVDA), City of Redlands, and the City of San Bernardino Regarding the Mountain View Avenue Improvement Project. 0 Motion: Adopt the Resolution. y d 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 rn VACANT: Ward 5 co x J I 6. Public Hearings L 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 T- 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 a 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 5,C.b Joint Regular Meeting Minutes November 18, 2013 Also, for the two parcels south of the current commercially zoned properties, the I 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. r 0 N 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 E testimony. o Z John Torkin, owner of the property explained that he would purchase and retire the 0 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 a 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. a, W i Mr. Torkin said that was a decision made by the tenant, 7-11. =i J I 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, o 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 N approved ordinance helps the City regulate the sale of alcohol and minimize the negative Co 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. w a 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 Packet Pg.68 5.C.b 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 40th 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. 'To h N.; Council Member Jonson asked Mr. Torkin why he believed that this project would M actually reduce crime in the area. Mr. Torkin said it has been his experience as a c 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. d He also said that the City has been trying to get a gas station in that part of town for years z° 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 U) 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. e> o� N Mayor Morris asked if the City were to decide not to permit beer and wine off-sale, t would that be the deal-breaker on the project. Mr. Torkin answered"yes". a J Council Member Johnson said that while the area is underserved as far as gas stations, it J� 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 401h and Sierra Way was built in an over concentrated, N CO 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. d E 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 a radius of the site. That would have been done for both the Planning Commission meeting 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. Council Member Shorett said the operation of the 7-11 at 40th 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 Packet Pg &9: 5.C.b 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 M Colin Strange, San Bernardino c N L 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) z° based on the Findings of Fact contained in the Planning Commission Staff Report dated October 16, 2013 (Attachment 2) and subject to the amended a 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 N Beverage Control to support issuance of a Type 20 ABC License for this project. co RESULT: FAILED [3 to 21 01:48:34 �I MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 L o AYES: Fred Shorett, James Mulvihill r, NAYS: Virginia Marquez, John Valdivia, Rikke Van Johnson N ABSENT: Robert D. Jenkins VACANT: Ward 5 d E 6B. Community Development o Ordinance of the City of San Bernardino Amending Title 19 of the San Bernardino a 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. 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 Packet Pg.70 S.C.b 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 M testimony. o N L 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. 0 Z Motion: Close the hearing; and lay over Ordinance for final approval, based upon a the Findings of Fact in the Staff Report. _ — ....... .............._ ...... RESULT: FIRST READING [UNANIMOUS] Next: 12/2/2013 2:00 PM rn MOVER: John Valdivia, Council Member, Ward 3 01:59:16 N SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill co ABSENT: Robert D. Jenkins =i VACANT: Ward 5 —' i L 0 7. Staff Reports o N 7A. Council Office T_ Contracting of Fire Services c a� 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 .2 needs analysis of the current Fire Department, the types of calls within the a 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 completed within 90 days, if possible. Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg.71 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 M Justin Miller, San Bernardino, spoke about the need for better regulation of banks, banks c 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. z° 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. g Betty Jean Long, San Bernardino, spoke about her recent eviction. N 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 =i ex-cons. i Kirk Larson, Colton, spoke about the pleasant experience he had dealing with the City o of San Bernardino. 0 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 r that the treatment of seniors at Vintage at Kendall is tantamount to abuse. c m Shirley Harlan, San Bernardino, said the issue of Vintage at Kendall has been discussed t 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 Q 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 Parke#F'g.72 Joint Regular Meeting Minutes November 18, 2013 Cynthia Shout, San Bernardino, a resident of the Vintage at Kendall, said the residents co, 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. 0 N L CD 9. Adjournment E The meeting adjourned at 8:19 p.m. The next joint regular meeting of the Mayor and o Common Council and the Mayor and Common Council Acting as the Successor Agency z to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, December 2, 2013. N a� w c GEORGEANN "GIGI" HANNA City Clerk ti N By: CnI Linda E. Hartzel �I Deputy City Clerk I L 0 M r O N co r r T E s ca .r Q Mayor and Common Council of the City of San Bernardino Page 15 Packet;Pg.73=