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Home My WebLink About05.B- City Clerk j DOC ID: 2944 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Information/Report From: Georgeann "Gigi" Hanna M/CC Meeting Date: 03/03/2014 Prepared by: Georgeann "Gigi" Hanna, Dept: City Clerk Ward(s): All Subject: Council Minutes --February 3, 2014; February 10, 2014; and February 18, 2014 (#2944) Current Business Registration Certificate: Not Applicable Financial Impact: None. Motion: Approve the Minutes of the Mayor and Common Council Meetings of February 3, 2014; February 10, 2014; and February 18, 2014. Synopsis of Previous Council Action: None. Background: None. Supporting Documents: 02-03-2014 Jt. Reg. (Draft)_LS_gh (DOC) 02-10-2014 Jt. Adj. (Draft)_gh (PDF) 02-18-2014 Jt. Reg. (Draft)_LS_gh (DOC) Updated: 2/25/2014 by Georgeann"Gigi"Hanna i FEB UARY 3 , 20 4 MIN . ............ To RE LA ...................... ............. RAF �a._. ....................... ............... ............... ....... .... . �� '� � '�� - .� _ i - ✓ ice( 5.B.a �$Eyt11AR� City of San Bernardino Mayor Patrick J. Morris c� 300 North "D" Street Council Members Virginia Marquez ° San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett Vacant Rikke Johnson James L. Mulvihill 0 DRAFT MINUTES 4 JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO U- MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING a 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 N AND s w MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING UI AS THE HOUSING AUTHORITY L MONDAY, FEBRUARY 3, 2014 0 COUNCIL CHAMBER a: The Joint Regular Meeting of the Mayor and Common Council was called to order by Mayor Patrick J. Morris at 4:08 p.m., Monday, February 3, 2014, in the Council Chamber, 300 North "D" Street, San Bernardino, California. (Note: At 2:00 p.m., City Clerk Hanna made an M announcement that the start time for the Council meeting had been delayed from 2:00 p.m. to N 4:00 p.m. and that closed session would take place after the meeting.) o d Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:00 p.m. a Robert D. Jenkins Council Member, Ward 2 Present 4:00 p.m. John Valdivia Council Member, Ward 3 Present 4:00 p.m. Fred Shorett Council Member, Ward 4 Present 4:00 p.m. -- Council Member, Ward 5 ,Vacant ---------- Rikke Johnson Council Member, Ward 6 Present 4:00 p.m. James Mulvihill . Council Member, Ward 7 Present 4:00 p.m. Patrick J. Morris Mayor Present 4:OO p.m. Georgeann "Gigi" Hanna City Clerk Present 4:00 p.m. Allen J. Parker City Manager Present 4:00 p.m. Gary D. Saenz City Attorney Present 4:00 p.m. Mayor and Common Council of the City of San Bernardino Page] Packet Pg. 11 5.B.a Joint Regular Meeting Minutes February 3, 2014 1. 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 Mil- Allison Mechanical v. San Bernardino Economic Development Corporation - San Bernardino County Superior Court, Case No. CIVDS1211891; v Aspen Builders, Inc. v. Regal Cinemas, Inc.; San Bernardino Economic c Development Corporation - San Bernardino County Superior Court, Case No. , CIVDS1210338; L Los Angeles Engineering, Inc. v. San Bernardino Economic Development ti Corporation -San Bernardino County Superior Court, Case No. CIVDS1210197, N d r Braughton Construction, Inc. v. San Bernardino Stampede, Inc.; San Bernardino = Economic Development Corporation - San Bernardino County Superior Court, Case No. CIVDS1210289; v N Katharina Lambert v. City of San Bernardino, a municipality; Chief of Police Robert Handy, an individual; Officer J. Castro, an individual; Officer S. Aranda, a an individual; Officer J. Echevarria, an individual; and Does I through 50 -i inclusive- United States District Court, Case No. EDCV 14-00123 VAP(DBTx). c� L 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. w C. Conference with legal counsel - anticipated litigation - initiation of litigation - N pursuant to subdivision (c) of Government Code Section 54956.9: c N City of San Bernardino v. Department of Finance °. c d City of San Bernardino v. State Controller's Office s D. Closed Session-personnel -pursuant to Government Code Section 54957. Q 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. Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg. 12 Joint Regular Meeting Minutes February 3, 2014 Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Moment of Silence Mayor Morris requested a moment of silence for Edward Duke Hill; and asked that Bobby Vega be kept in prayer due to a recent illness. Invocation/Pledge of Allegiance The invocation was given by Pastor Tracy Johnson of Immanuel Baptist Church. The Pledge of I' Allegiance was led by Hana Doueiri, a fifth grade student from Hillside Elementary School. I 2. Appointments N 2A. Mayor's Office Appointment of Edward G. Woolbert to the Bureau of Franchises—Council Member Jim Mulvihill Motion: Approve the appointment of Edward G. Woolbert to the Bureau of a Franchises as requested by Council Member Jim Mulvihill. c RESULT: ADOPTED [UNANIMOUS] 00:11:101 MOVER: John Valdivia, Council Member,Ward 3 N SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill CI VACANT: Ward 5 L 0 2B. Mayor's Office Appointment of Edward G. Woolbert to the Board of Building Commissioners—Council d Member Jim Mulvihill r Motion: Approve the appointment of Edward G. Woolbert to the Board of Building o Commissioners as requested by Council Member Jim Mulvihill. N M _____ ........ _------- -........_._---- ....__.. ._. .........._---.__.......__ ....----- --__ ._....... -. O RESULT: ADOPTED [UNANIMOUS] 00:11:10 c u MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 I E AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill VACANT: Ward 5 a 2C. Mayor's Office Appointment of Robert Vincent to the Community Development Citizen Advisory Committee- Council Member Jim Mulvihill Motion: Approve the appointment of Robert Vincent to the Community Development Citizen Advisory Committee as requested by Council Member Jim Mulvihill. Approximate time that the motion/second were made,according to the meeting video on the City website. Mayor and Common Council of the City of San Bernardino Page 3 packet=Pg.13' Joint Regular Meeting Minutes February 3, 2014 RESULT: ADOPTED [UNANIMOUS] 00:11:10 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill VACANT: Ward 5 3. Presentations 3A. Commendations -- 2nd Ward Commissioners -- Council Member Jenkins 0 N 3B. Citizens of the Month -- Community Ho Ho Parade Committee -- Council Member Jenkins LL 3C. Black Voice Foundation --Black History Month-- Council Member Johnson U) d r c 3D. Recognition--Musician William Zeitler--Mayor Morris 3E. The Incredible Edible Community Garden --Mary Petit N rn 3F. Parks and Recreation Commission Update -- Commissioner/Chairwoman Deborah Sterner Matley M 4. Announcements -- Elected Officials & Chamber of Commerce o 5. Consent Calendar r 5A. City Clerk Waive Full Reading of Resolutions and Ordinances c°�1 M Motion: Waive full reading of resolutions and ordinances on the agenda dated N February 3, 2014. RESULT: ADOPTED [UNANIMOUS] 04:59:35 E MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member,Ward 4 Q AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill VACANT: Ward 5 5B. City Clerk Council Minutes -- January 6, 2014; and January 21, 2014 Motion: Approve the Minutes of the Mayor and Common Council Meetings of January 6, 2014; and January 21, 2014. Mayor and Common Council of the City of San Bernardino Page 4 PacketPg.14 5»a=te Joint Regular Meeting Minutes February 3, 2014 RESULT: ADOPTED [UNANIMOUS] 04:59:35 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson,Mulvihill VACANT: Ward 5 5C. Finance Approval of Check Warrants and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. N �o RESULT: ADOPTED [UNANIMOUS] 04:59:35 L MOVER: Rikke Johnson, Council Member, Ward 6 ,1 SECONDER: Fred Shorett, Council Member, Ward 4 ' N AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson, Mulvihill VACANT: Ward 5 �r 5D. Parks,Recreation & Community Services N RES. 2014-24 — Resolution of the Mayor and Common Council of the City of San Bernardino Directing the Parks, Recreation and Community Services Department Director to Begin the Process of Collaborating with the Incredible Edible Community Ui Garden Organization in Developing a Community Fruit Park and a Community Garden at t. Nicholson Community Center. o Mary Petit, Founder and Co-Executive Director of the Incredible Edible Community Garden, distributed to the City Council a document titled, "Proposal for Community Fruit Park and Community Garden Approval, dated January 6, 2014"; and a brochure titled, "Feeding a Community One Garden at a Time." c N Motion: Adopt the Resolution. o RESULT: ADOPTED [5 TO 11 05:00:03 MOVER: Fred Shorett, Council Member, Ward 4 E SECONDER: Rikke Johnson, Council Member,Ward 6 AYES: Marquez, Jenkins, Shorett, Johnson, Mulvihill Q NAYS: John Valdivia VACANT: Ward 5 5E. Police RES. 2014-25 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Budget Transfers of $16,700 Within the Animal Control Fund and the Appropriation of $18,800 from the Animal Control, Shelter Donation Trust Account, and Increasing the Purchase Orders Issued to General Dog & Cat Hospital to $66,000 and Animal Emergency Clinic to $25,000. Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg. 15 a Joint Regular Meeting Minutes February 3, 2014 Council Member Jenkins stated he would abstain on the item. Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 01 04:59:35 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett,Johnson, Mulvihill ABSTAIN: Robert D. Jenkins VACANT: Ward 5 v 0 N 5F. Police RES. 2014-26 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Vendor Service Agreement and Authorization to Order(ATO) with Verizon, Inc., for a Wireless Network Connection. a� r Council Member Jenkins stated he would abstain on the item. 5 Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 01 04:59:35 MOVER: Rikke Johnson, Council Member,Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 -ji AYES: Marquez, Valdivia, Shorett, Johnson, Mulvihill ABSTAIN: Robert D. Jenkins ° VACANT: Ward 5 v 5G. Public Works o RES. 2014-27 - Resolution of the Mayor and Common Council of the City of San M Bernardino Authorizing the Execution of Amendment Number One to the Vendor N Purchase Agreement Between the City of San Bernardino and Los Angeles Freightliner ° of Fontana to Increase the Annual Purchase Order 2014-00000191 in the Amount of $55,000 to an Amount Not to Exceed$110,000. E Motion: Adopt the Resolution. a RESULT: ADOPTED [UNANIMOUS] 04:59:35 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson, Mulvihill VACANT: Ward 5 Mayor and Common Council of the City of San Bernardino Page 6 Packed Pg. 16 5.B.a Joint Regular Meeting Minutes February 3, 2014 5H. Public Works RES. 2014-28 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual Purchase Order in an Amount Not to Exceed $50,000 through the Remainder of Fiscal Year 2013/2014 with Three Single Year Renewals of an Amount Not to Exceed $100,000 at the City's Option to Maneri Sign Co., Inc. for the Purchase of Traffic Signs and Materials. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 05:01:46 MOVER: Fred Shorett, Council Member, Ward 4 c SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson, Mulvihill VACANT: Ward 5 d SI. Treasurer's Office Treasurer's Office Portfolio Report for the Month of December 2013 S Motion: Receive and file. RESULT: ADOPTED [UNANIMOUS] 04:59:35 t MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 Cni AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, Mulvihill VACANT: Ward 5 0 d 6. Public Hearings 4j 4j 1 Nt 6A. Community Development N A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting M General Plan Amendment No. 13-06 to Adopt and Implement the City of San Bernardino N General Plan 2014-2021 Housing Element (Chapter 3) and Approve Amendments to Add °. Y Appendix 16 (An Appendix to the General Plan Land Use Element - Chapter 2) to Comply with Senate Bill 244. _ �a Mayor Morris opened the hearing. a Tony Stewart, Acting Director of Community Development, stated that the Housing Element is the only element within the General Plan that is required to be updated on a regular basis, and the State's deadline for adoption is February 12, 2014. Genevieve Sharrow, consultant with MIG/Hogle-Ireland, provided a brief overview of the Housing Element Update and the Senate Bill 244 Amendment. Council Members Jenkins and Valdivia requested that the changes that had been made to the document be provided to the Council. Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg. 17 5:B.a Joint Regular Meeting Minutes February 3, 2014 Council Member Valdivia stated that he would like to have further discussion on this item and made a motion that it be continued. Council Member Johnson seconded the motion and suggested that the item be continued to the February 10, 2014 Council meeting. The vote was taken following further discussion. 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. Public Comments: Barbara Babcock, San Bernardino, spoke in support of the item. Al Palazzo, San Bernardino, spoke about his solution to rebuilding the City of San c Bernardino. N Motion: Continue to February 10, 2014 at 5 p.m. ti RESULT: CONTINUED [4 TO 21 Next: 2/10/2014 5:00 PM MOVER: John Valdivia, Council Member, Ward 3 02:01:09 SECONDER: Rikke Johnson, Council Member,Ward 6 AYES: Virginia Marquez, Robert D. Jenkins, John Valdivia, Rikke Johnson NAYS: Fred Shorett, James Mulvihill VACANT: Ward 5 N Cn i 6B. Community Development J i RES. 2014-29 — Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment 13-02 to Amend the Land Use o Designation of Approximately 10,600 Square Feet from Residential to Commercial and 6) 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; and 0 N Ordinance of the City of San Bernardino Approving Zoning Map Amendment 13-03, to 0 Change the Zoning Designation of Parcels 0129-051-10 and 15 from Residential N Suburban(RS) to Commercial General (CG-1). (FIRST READING) c m Mayor Morris opened the hearing. R Tony Stewart, Acting Director of Community Development, stated that this is a a reconsideration of a project that was previously denied by the Council on November 18, 2013. He stated that based on Council comments and concerns, the applicant met with the business owner, 7-Eleven, to discuss a reduction in the hours that the alcohol would be sold at the subject site. Mr. Stewart stated that Condition of Approval No. 5 would be revised to limit the sale of alcoholic beverages from 8 a.m. to 12 a.m. and the remainder of the business would be open 24/7. 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. Mayor and Common Council of the City of San Bernardino Page 8 Packet''Pg. 18, 5.B.a Joint Regular Meeting Minutes February 3, 2014 Public Comments: The following individuals spoke in support of the project: Karol Mosebay, Highland Karol Mosebay spoke on behalf of Margaret Hill, who had to leave to attend another meeting Roger Henderson, San Bernardino Pastor Eddie Jones, San Bernardino Barbara Babcock, San Bernardino The following individuals spoke in opposition to the project: 0 N Amer Bashir, San Bernardino Elvia Flores, San Bernardino L Elizabeth Flores, San Bernardino Daniela Casteneda, San Bernardino Consuelo Casteneda, San Bernardino Luis Flores, San Bernardino Liz Flores, San Bernardino John Futch, Mentone Al Palazzo, San Bernardino N Council Member Johnson read a letter into the record that had been emailed to him by Catherine Hall,who voiced concerns with the project. F� N J I Jian Torkan, project proponent, addressed some of the concerns of the residents such as CU landscaping, vagrants, crime and the sale of alcohol. He requested that Condition of o Approval No. 45 be stricken because at the time of the last hearing he did have a license Cb within the City of San Bernardino, but since then, he lost that license. He stated that he would be willing to purchase a license, but he could not guarantee that he could purchase it in time for this development. O N Don Tucker, Real Estate Manager, 7-Eleven, Inc., stated that 7-Eleven has been in c business since 1927. Each of their locations is operated by a franchise owner who N becomes a part of the community and many of them live in the community. Many will bring in products their customers tell them they need, and they stay connected to the E Police Department and operate the business in a manner that provides for their safety and well-being as well as the safety and well-being of their employees and all their customers r in the area. Q Mr. Tucker stated that the Conditions of Approval require two exterior cameras, but they would probably have four. One of the other conditions is that they work with the Police Department on the issue of a security guard should it be necessary; however, he stated that he did not think it would be necessary. He stated that security guards by themselves send a big message to the customer and they would prefer to do all their crime prevention through the best efforts of working with the Police Department, better-trained employees and better utilization of their crime prevention programs that they already have in place on a national basis. Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg. 19 S.B.a Joint Regular Meeting Minutes February 3, 2014 Council Member Valdivia stated that he could not support this item because of its close proximity to a school. However, if the item were to be approved tonight, he requested that Condition of Approval No. 11 be amended to require an 8-foot tall decorative block wall along the south property boundary. Motion 1: Reconsider the November 18, 2013 denial of General Plan Amendment (GPA) 13-02, Zoning Map Amendment (ZMA) 13-03, and Conditional Use Permit (CUP) 13-14; and Motion 2: 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) o based on the Findings of Fact contained in the Staff Report to the Mayor N and Council and subject to the amended Conditions of Approval (Exhibit M' B), as amended, changing the wall height to 8 feet in Condition of Approval No. 11, and striking Condition of Approval No. 45. U- RESULT: FIRST READING [UNANIMOUS] Next: 2/18/2014 2:00 PM N d MOVER: Rikke Johnson, Council Member, Ward 6 03:40:52 5 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Jenkins, Shorett, Johnson, Mulvihill I N NAYS: John Valdivia VACANT: Ward 5 cn J I 7. Staff Reports 2 0 7A. Community Development a, Yasin's Arco - 2696 West Foothill Boulevard—CUP 13-25 Tony Stewart, Acting Director of Community Development, stated that they initially had r an application for a conditional use permit which was denied by the Planning N Commission; however, in speaking with the applicant and with Council Member c Johnson, staff initiated a development code amendment proposal to address certain gas N station requirements in the Code — one being the minimum lot size that is currently required. He stated that the item will proceed through normal channels starting with the Legislative Review Committee, and they will make a recommendation, and then staff will move it on to the Development and Environmental Review Committee, the Planning Commission, and then again to the Council for final action on those development code amendments as well as a re-visitation of the conditional use permit application. Mr. Stewart asked the Council to keep in mind that this item was being provided for informational purposes only, and that it would be coming back at a later date. Public Comments: Doug Wilson, Grand Terrace, the applicant's representative, stated that they would like to expand the snack shop at an existing Arco gas station at Foothill and Meridian. Mayor and Common Council of the City of San Bernardino Page 10 Packet,Pg.20 Joint Regular Meeting Minutes February 3, 2014 Charle Jacobs, San Bernardino, spoke in support of the applicant, Ali Yasin, and his application for a conditional use permit to expand his business with new construction to accommodate more services to the community. No action was taken on this matter. 7B. Council Office 2014 League of California Cities New Mayors and Council Members Academy Conference Update Council Member Valdivia stated that he enjoyed the conference and learned a lot of tips and ideas on moving the City forward. N M Consensus: Receive and file the report. d LL 8. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 8A. Executive Director v RES. 2014-30 — Resolution of the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving Recognized Obligation Payment Schedule 13-14B for the Period of January through June 2014 and Approving Certain Related Actions. U) Steven Duckett, Management Principal with Urban Futures Inc., and lead Redevelopment _Ji Agency wind-down consultant, distributed to the City Council a document titled, "Overview of the Recognized Obligation Payment Schedule (ROPS) (January through P June 2014), San Bernardino Successor Agency Board, February 3, 2014." 6 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 05:23:28 N M MOVER: Fred Shorett, Council Member, Ward 4 ° N SECONDER: Virginia Marquez, Council Member, Ward I °. AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson, Mulvihill 9. Public Comments on Items Not on the Agenda a Rudy Flores, San Bernardino, spoke about the neglect on the west side and the need for refurbished curbs and sidewalks since he was a child and longer. He called the situation shameful and said if the west side were improved, the rest of the City would follow. Betty Jean Long, San Bernardino, spoke about getting restraining orders against people who are vexing her. Mayor and Common Council of the City of San Bernardino Page 11 ``�Packe#�Pg.21 5.B.a Joint Regular Meeting Minutes February 3, 2014 Bill Sandefur, San Bernardino, spoke about being upset by a flier sent out by Mayoral candidate Wendy McCammack; reminded people that Council Member McCammack was recalled in November 2013; and asked residents to vote for Carey Davis on February 4, 2014. Shirley Harlan, San Bernardino, said she was pleased that commissioners were honored today; and thanked the City for the quick response last week to the theft at the Fifth Street Senior Center that resulted in not being able to prepare meals. She stated that they now 1 have an emergency plan. Robert Porter, San Bernardino, spoke against Council Member Fred Shorett; the _ possibility of parks being closed; and endorsed Anthony Jones, Henry Nickel and Wendy o McCammack. �o Scott Olson, San Bernardino, encouraged everyone to vote based on what they feel; said L he had never seen a more negative campaign than the preliminary and general elections; LL and supported the election of Anthony Jones for the Fourth Ward. N Amelia Mendoza, San Bernardino, spoke in favor of thinking about who to vote for; said she would like the City council meetings to begin later so that more people can attend; said it would take consistency and time to restore the City's financial stability; and spoke in favor of Carey Davis for Mayor. N Pastor Jones, San Bernardino, spoke from Matthew 5, regarding letting our light shine; a� stated that change will come, but the City has to be ready for the blessing; said change co would require teamwork; and said he would be voting for Carey Davis for Mayor. ! L Roxanne Williams, San Bernardino, said she wanted to thank Tony Frossard for o listening to the residents in the Third Ward and taking care of the broken streetlights; and told residents of the ward to watch for people tampering with street light pull boxes. David McCammack, San Bernardino, spoke about Duke Hill, who donated a building to c the Disabled American Veterans; stated that when he was walking for Wendy he ran into M a lot of vets who weren't getting their benefits so he gave them a number to call; and c stated that Wendy was not running a negative campaign and encouraged people to check N 0 out her web page. E Jesus De Santiago, San Bernardino, spoke about bankruptcy being an opportunity for the City to fix itself and make right the wrong decisions that had been made throughout the Q years; and said that the people removed from office should be sanctioned federally in order to make corrections to the City. Alex Torres, San Bernardino, complained about the stench at Mt. Vernon and Mill Street being produced by Co-West Commodities; stated that people in the area deserve respect and to have someone speak up for them; and stated that the only one running for office who has been in the area meeting people is Carey Davis. Kathy Watson, San Bernardino, said she sees great progress and is excited about having a new mayor. She said she hoped it would be Carey Davis and encouraged people to vote on Tuesday. Mayor and Common Council of the City of San Bernardino Page 12 Packet'Pg.22i S.B.a Joint Regular Meeting Minutes February 3, 2014 Barbara Babcock, San Bernardino, said she hoped to wake up Wednesday with Carey Davis as mayor, and stated that Carey and his wife are a special couple. Jay Lindberg spoke about being upset that Wendy McCammack's comments during the campaign were lies and pointed out her long time role supporting public safety unions and receiving their campaign donations; stated that the City does not have a local fire department because they reside elsewhere; and stated that the City would have more control over the Fire Department and law enforcement if they did subcontract it out. Don Levin, San Bernardino, stated that Wendy McCammack was voted out of office by III her own ward, so why would she even want to run for Mayor. He stated that there's no room in this City for politicians so she either needs to quit or lose the race. N 0 f t6 10. Adjournment At 10:15 p.m., the meeting adjourned to 5:00 p.m., Monday, February 10, 2014, in the LL Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, N California, to discuss Agenda Item No. 6A, followed by a budget workshop at 5:30 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., Tuesday, February 18, 2014, in the Council Chamber of City CD Hall, 300 North"D" Street, San Bernardino, California. cn Cn GEORGEANN"GIGI" HANNA City Clerk By Linda Sutherland n Deputy City Clerk 0 N M O N O _ 3 E V r Q Mayor and Common Council of the City of San Bernardino Page 13 Packet;Pg.23 EBRUAa J . RE LAR EETIN a a _. City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members Virginia Marquez San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett `DF�It�1 t�10 Vacant Rikke Johnson James L. Mulvihill ` DRAFT MINUTES N JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO d UL MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING d 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 N AND + MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY o MONDAY, FEBRUARY 10, 2014 a EDA BOARDROOM .� 0 N The Joint Adjourned Regular Meeting of the Mayor and Common Council of the City of San o Bernardino was called to order by Mayor Patrick J. Morris at 5:07 p.m., Monday, February 10, c 2014, in the EDA Boardroom, 201 North "E" Street, San Bernardino, California. (D Roll Call Attendee Name Title Status Arrived w Virginia Marquez Council Member,Ward 1 Present 5:00 p.m. Robert D. Jenkins Council Member, Ward 2 Present 5:00 p.m. John Valdivia Council Member,Ward 3 Present 5:00 p.m. Fred Shorett Council Member,Ward 4 Present 5:00 p.m. ------ Council Member,Ward 5 Vacant ---------- RikC Johnson Council Member,Wa rd 6 Present 5:00 p.m. James Mulvihill Council Member, Ward 7 Present 5:00 p.m. Patrick J. Morris Mayor Present 5:00 p.m. 0 Georgeann "Gigi" Hanna City Clerk Present 5:00 p.m. Allen Parker City Manager Present 5:00 p.m. Gary D. Saenz City Attorney Present 5:00 p.m. Mayor and Common Council of the City of San Bernardino Page I Packet Pg. 24 5.B.b Joint Adjourned Regular Meeting Minutes February 10, 2014 Note: Also in attendance at the public and closed session portions of the meeting were Council Member-elect Benito Barrios, Council Member-elect Henry Nickel and Mayor-elect Carey Davis. 1. 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 N litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code �. Section 54956.9: a� One case: Housing Element LL' N C. Conference with legal counsel - anticipated litigation - initiation of litigation - 2 pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session-personnel -pursuant to Government Code Section 54957. N_ 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. L 0 F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. a w G. Conference with real property negotiator - pursuant to Government Code Section c 54956.8. N o Invocation/Pledge of Allegiance °. The Pledge of Allegiance was led by Mayor-elect Carey Davis. E s 2. Public Hearing a 2A. Community Development RES. 2014-31 — A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment No. 13-06 to Adopt and Implement the City of San Bernardino General Plan 2014-2021 Housing Element (Chapter 3) and Approve Amendments to Add Appendix 16 (An Appendix to the General Plan Land Use Element - Chapter 2) to Comply with Senate Bill 244. (Continued from February 3, 2014) Motion: Waive full reading; close the hearing; and adopt the Resolution to Approve the Negative Declaration and Approve General Plan Amendment No. 13-06. Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg.25 Joint Adjourned Regular Meeting Minutes February 10, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson, Mulvihill VACANT: Ward 5 3. Staff Reports 3A. Finance Mid-Year Budget Review c N Finance Director David Cain gave the PowerPoint presentation attached to the meeting M agenda, and explained the City's current situation, including deferrals of payments to PERS, staffing changes and improvements to the City's cash flow position based on ,1.' implementation of Pre-Pendency and Pendency plans. N a� He said that deferred bankruptcy related expenses allowed the City to adopt a "balanced S budget," but the deferrals are significant: $6.6 million in Pension obligation bonds, $800,000 in accounts payable, $13.5 million to PERS; and $2 million in litigation expenses. Other deferrals include not replacing fleet, equipment, computers and communications, as well as Capital Improvement deferrals in streets, roads,buildings and parks that equal $200 million. L He also detailed General Fund obligations that are not accounted for in the adopted budget, and recommended adjustments for the mid-year. He projected the budgeted cash balance of the General Fund as of June 2014 to be $10.3 million and the total cash for all Q r other funds projected at$31.4 million. T He said several issues will affect the City's financial future, including overtime costs in c the fire department, loss of the SAFER grant, and pension costs that are likely to double N in the next five to seven years. °• c d City Manager Allen Parker said the next step would be to create a 2014-15 budget, which s requires a prioritization of service delivery options. This will include prioritizing service, r committing to doing the important things well, questioning past spending patterns, living Q within the City's means, knowing the true cost of doing business and providing transparency in the process. Consensus: Receive and file. 4. Public Comment on Items Not on the Agenda No public comments were received. Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg.26, 5.B.b Joint Adjourned Regular Meeting Minutes February 10, 2014 5. Adjournment The meeting adjourned at 7:35 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., Tuesday, February 18, 2104, in the Council Chamber of City Hall. I GEORGEANN "GIGI" HANNA City Clerk c � N s L d z N d' d' O N L Q .F+ r 0 N O N O r C d E U R Q Mayor and Common Council of the City of San Bernardino Page 4 Picket Pg.27 ■ �1 /� M1 i\ r ate..:-- ...... 1/ BRUARY 18 , 2014 ....................... 9w ............... . .......... ................... ............ ------------ -- -------- City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members Virginia Marquez San Bernardino, CA 92418 Robert D. Jenkins `+ http://www.sbeity.org John Valdivia Fred Shorett • ��yaED 1K� � + Henry Nickel Rikke Johnson James L. Mulvihill v 0 DRAFT MINUTES 4 JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL .0 0 OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING r 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 N AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING _j� AS THE HOUSING AUTHORITY TUESDAY, FEBRUARY 18,2014 0 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 2:12 p.m., Tuesday, February 18, 2014, in the c Council Chamber, 300 North "D" Street, San Bernardino, California. co Roll Call Attendee Name Title Status Arrived .md Virginia Marquez Council Member,Ward 1 Present 2.00 p.m. Robert D. Jenkins Council Member,Ward 2 Present 2:00 p.m. w John Valdivia Council Member,Ward 3 Present 5:11 p.m. Fred Shorett ; Council Member,Ward 4 Present 2:00 p.m. Henry Nickel } Council Member,Ward 5 Present 2:00 p.m. Rikke Johnson Council Member,Ward 6 Present 2:00 p.m. James Mulvihill Council Member,Ward 7 Present 2:00 p.m. Patrick J. Morris Mayor Present 2:00 p.m. Georgeann"Gigi" Hanna City Clerk Present 2:00 p.m. Allen Parker City Manager Present 2:00 p.m. Gary D. Saenz City Attorney Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page] Packet Pg. 28 5.B.c Joint Regular Meeting Minutes February 18, 2014 1. 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 Mil. Justin Ryan Golding/Landmark American Insurance Company v. City of San Bernardino -San Bernardino Superior Court, Case No. CIVSS700791. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code N Section 54956.9. L C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: N City of San Bernardino, City of Fontana and City of Lathrop v. California Board of Equalization, City of Ontario and MedCal. D. Closed Session-personnel -pursuant to Government Code Section 54957. N 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 co l public facilities -pursuant to Government Code Section 54957. i M F. Conference with labor negotiator - pursuant to Government Code Section o 54957.6. as G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. T N Senior Assistant City Attorney Grider announced that the following additional cases ccoo would be discussed in closed session under Agenda Item No. 1 C, Anticipated Litigation, c Initiation of Litigation: d City of San Bernardino v. Department of Finance and State Controller's Office; E City of San Bernardino v. National Orange Show. a Closed Session Announcement City Attorney Saenz announced that during closed session a motion was made by Council Member Shorett, seconded by Council Member Valdivia, to authorize the Mayor to execute an agreement which will completely settle the matter of Justin Ryan Golding/Landmark American Insurance Company v. City of San Bernardino. The matter is going to be dismissed and both parties are walking away. The motion carried unanimously. Reading of Resolutions and Ordinances U Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg.-'29",,-,- g:29' 5.B.c Joint Regular Meeting Minutes February 18, 2014 Invocation/Pledge of Allegiance The invocation was given by Reverend David McClocklin from St. Paul's United Methodist Church. The Pledge of Allegiance was led by Ivan Zizka, a fourth grade student at Jefferson Hunt Elementary School. 2. Appointments There were no commission appointments. 3. Presentations 3A. Give BIG San Bernardino County--Jennifer Carrillo N 3B. sbX Safety Video -- Omnitrans Construction Manager Andres Ramirez L d LL 3C. Black Voice Foundation --Black History Month -- Council Member Johnson U 3D. Student of the Month -- Son Truong, San Gorgonio High School -- Council Member Mulvihill v rn N 3E. Council Recognition rn 4. Announcements -- Chamber of Commerce & Elected Officials �I J 5. Consent Calendar ° 0 5A. City Clerk d Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the agenda dated February 18, 2014. N 00 RESULT: ADOPTED [UNANIMOUS] 04:22:341 N MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 E AYES: Marquez, Jenkins,Valdivia, Shorett,Nickel, Johnson, Mulvihill 5B. City Clerk RES. 2014-32 — Resolution of the Mayor and Common Council of the City of San Bernardino, California, Reciting the Facts of the General Municipal Election and Special Election Held Concurrently in Said City on the 4th Day of February 2014, Declaring the Results Thereof and Setting Forth Such Other Matters as Are Provided by Law. Motion: Adopt the Resolution. 1 Timestamp indicates approximate time the motion/second was made,according to meeting video on City Web site. Mayor and Common Council of the City of San Bernardino Page 3 - Packet Pg.30 Joint Regular Meeting Minutes February 18, 2014 RESULT: ADOPTED [UNANIMOUS] 04:22:34 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett,Nickel, Johnson, Mulvihill 5C. City Attorney RES. 2014-33 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between Manning & Kass, Ellrod, Ramirez, Trester, LLP and the City of San Bernardino for Legal Services in the Case of Katharina Lambert v. City of San Bernardino, Chief Robert Handy, Officer J. Castro, Officer S. Aranda, Officer J. Echevarria, et al., United States N District Court Case Number EDCV 14-00123 VAP(DTBx). �a L Council Member Jenkins stated he would abstain on this item to avoid the appearance of LL a conflict with regard to a pending case. N d Motion: Adopt the Resolution. ._ ............... .......-----... RESULT: ADOPTED [6 TO 01 04:22:34 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Valdivia, Shorett,Nickel, Johnson, Mulvihill co 0 ABSTAIN: Robert D. Jenkins -ji ... $ L 5D. Civil Service Personnel Actions - Classified d Council Member Jenkins stated he would abstain on this item to avoid the appearance of a conflict with regard to a pending case. He left the Council Chamber and returned after c the vote was taken. `� co Public Comments: N 0 Stephen Johns, San Bernardino E Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies a adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED [5 TO 1] 04:30:20 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Shorett,Nickel, Johnson, Mulvihill NAYS: John Valdivia ABSTAIN: Robert D. Jenkins Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg. 31 S.B.0 Joint Regular Meeting Minutes February 18, 2014 5E. Community Development ORD. MC-1397 — 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). (FINAL READING) Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] 04:22:34 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett,Nickel, Johnson,Mulvihill N 5F. Finance L Approval of Check Warrants and Payroll Checks U- Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. _ _ c RESULT: ADOPTED [UNANIMOUS] 04:22:34 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 N AYES: Marquez, Jenkins, Valdivia, Shorett,Nickel, Johnson, Mulvihill co J I 5G. Human Resources 2- Personnel Actions -Unclassified o a� as Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. c ......... . ------ --................. .--- __ ....... -- N RESULT: ADOPTED [UNANIMOUS] 04:41:52 N MOVER: Robert D. Jenkins, Council Member, Ward 2 ° SECONDER: Fred Shorett, Council Member, Ward 4 d AYES: Marquez, Jenkins, Valdivia, Shorett,Nickel, Johnson, Mulvihill ... ._..__._ Q 5H. Parks, Recreation & Community Services RES. 2014-34 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Services Agreement Between the City of San Bernardino and Donegan Tree Service and Authorizing the Director of Administrative Services to Increase Purchase Order No. 2014-0000-0783 by $6,000 to a Total Amount of$30,900 to Donegan Tree Service for the Expanded Tree Maintenance Services to Parks, San Bernardino Soccer Complex and Cemetery. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg. 32 5 B.c Joint Regular Meeting Minutes February 18, 2014 RESULT: ADOPTED [UNANIMOUS] 04:22:34 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett,Nickel, Johnson, Mulvihill 51. Police RES. 2014-35 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution, Obligation, and Expenditure of the FY 2014-2015 California Gang Reduction, Intervention, and Prevention (Ca1GRIP) Grant Funds and Authorizing the Execution of Vendor Service Agreements Between the City of San N Bernardino and the Board of State and Community Corrections, (BSCC), Southern California Mountains Foundation, and California State University San Bernardino, L Center for the Study of Correctional Education. Council Member Jenkins stated he would abstain on this item to avoid the appearance of a a conflict with regard to a pending case. He left the Council Chamber and returned after the vote was taken. Public Comments: Jay Lindberg, San Bernardino y Motion: Adopt the Resolution. UI RESULT: ADOPTED [6 TO 01 04:47:10 L MOVER: Rikke Johnson, Council Member,Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett,Nickel, Johnson, Mulvihill ABSTAIN: Robert D. Jenkins r N 00 5J. Public Works C, Authorization to Proceed and Approval of Plan No. 13012 —Proposed Street Vacation of a Portion of "P' Street South of Rialto Avenue and Those Portions of the East-West a Alleys and One North-South Alley, Between Rialto Avenue and 3ra Street R Motion: Authorize the Public Works Director and the City Clerk to proceed with a the proposed street vacation of a portion of "I" Street south of Rialto Avenue and those portions of the east-west alleys and one north-south alley, between Rialto Avenue and 3 r Street; and approve Plan No. 13012 showing the proposed street vacation of a portion of"P' Street south of Rialto Avenue and those portions of the east-west alleys and one north- south alley,between Rialto Avenue and 3 r Street. 0 Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg. 33 Joint Regular Meeting Minutes February 18, 2014 RESULT: ADOPTED-[6-TO 1] 04:38:20 MOVER: Virginia Marquez, Council Member, Ward I SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett,Nickel, Johnson, Mulvihill NAYS: John Valdivia —--------- .......................... ............................- .............. 5K. Public Works Authorization to Proceed and Approval of Plan No. 13013 –Proposed Street Vacation of a Portion of 3rd Street Between "J" Street and "I" Street, and a Portion of 3 rd Street at the Intersection with"K" Street Motion: Authorize the Public Works Director and the City Clerk to proceed with the proposed street vacation of a portion of 3r d Street between "J" Street and "I" Street, and a portion of 3 rd Street at the intersection with "K" LL Street; and approve Plan No. 13013 showing the proposed street vacation of a portion of 3rd Street between"J" Street and"I" Street, and a portion of 3rd Street at the intersection with"K" Street. RESULT: ADOPTED [6 TO 1] 04:38:20 rn MOVER: Virginia Marquez, Council Member, Ward 1 low%. SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Nickel, Johnson, Mulvihill U)Ui NAYS: John Valdivia 5L. Public Works RES. 2014-36 – Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Director of Administrative Services to Appropriate $88,800 from Account 132-400-0094-5502 Professional/Contractual N Services to Account 132-400-0094-5704 Miscellaneous Equipment and Authorizing the 00 T- Execution of a Vendor Purchase Agreement and Issuance of a Purchase Order in an C� Amount Not to Exceed $88,800 to Plumber's Depot, Inc. for the Purchase of a Sewer Inspection Camera and Related Software. E Motion: Adopt the Resolution. .......... RESULT: ADOPTED [UNANIMOUS] 05:04:35 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett,Nickel, Johnson, Mulvihill ..................... Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg.34 5Bc Joint Regular Meeting Minutes February 18, 2014 5M. Public Works RES. 2014-37 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Contract to GMZ Engineering Inc. for Removal of Existing Shoring and Installation of Replacement Temporary Shoring for Mount Vernon Avenue Overcrossing at the BNSF Yard, Bridge No. 54C-0066,Per Plan No 13007. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 05:00:22 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett,Nickel, Johnson, Mulvihill N M 6. Public Hearings U- 6A. City Manager Ch RES. 2014-38 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing a Substantial Amendment to the City's 2013-2014 Annual Action c Plan as Required by the Department of Housing and Urban Development to Fund Several Community and Neighborhood Development Projects. rn N Mayor Morris opened the hearing. as i Brandon Mims, Project Manager/Assistant of the City Manager, stated that the Block U) Grant Budget had been originally planned at an estimated amount of $2,671,303. r� However, after receiving notification from HUD of the actual grant amount of L- $3,226,732, the difference of $555,429 will be reallocated for this program year. He stated that staff is proposing that these funds be reallocated to the following projects: 1) Commercial Building Rehabilitation Program 2) Small Business Facade Improvement Program 3) Dangerous Building Elimination Program 4) Library Improvement Project and 5) Mobile Home Grant Program. N co Council Member Shorett made a motion, seconded by Council Member Marquez, to C, close the hearing; and adopt the Resolution. The vote was taken following further °. r discussion. E Council Member Mulvihill asked if the $150,000 that is proposed to be allocated for the Small Business Facade Improvement Program could be used for economic development q in general. Mr. Mims stated that there are some economic development opportunities with the block grant such as small business loan programs or different types of incentive programs. Council Member Mulvihill stated that he was thinking about small business in terms of marketing studies, developing business plans, hiring staff to talk about business improvement district formations, P-bids, etc. He stated that facade improvement is a drop in the bucket, and he would much rather see an investment made in something more long term. He stated that a lot of this money could be used for funding skill levels to promote commercial revitalization. Mayor and Common Council of the City of San Bernardino Page 8 Packet.Pg:35, 5Bc Joint Regular Meeting Minutes February 18, 2014 Mr. Mims stated that he could definitely create an economic development strategy with the block grant to include some of the components mentioned by Council Member Mulvihill. Mayor Morris explained that a P-bid is an agreement between the property owners in a particular area that agree to tax themselves for certain improvements such as public safety improvements, fagade improvements, beautification, widening sidewalks, etc. He asked Mr. Mims if CDBG monies could be used to fund an application for a P-bid. Mr. Mims stated that he did not know, but he would check with the HUD program office and come back to the Council with some options. 0 Allen Parker, City Manager, suggested that the Council approve Item Nos. 3, 4 and 5, and continue discussion of Item Nos. 1 and 2 for two weeks. i No public comments were received. LL N Amended Motion: Close the hearing; and adopt the Resolution, as amended, approving the c reallocation of funds to the Dangerous Building Elimination Program, Library Improvement Project, and Mobile Home Grant Program; and Nt continuing discussion of the Commercial Building Rehabilitation Program, and the Small Business Fagade Improvement Program to the Council meeting of March 3, 2014. NI J RESULT: ADOPTED [UNANIMOUS] 03:49:55 MOVER: Fred Shorett, Council Member,Ward 4 0 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett,Nickel, Johnson, Mulvihill 6B. Community Development RES. 2014-39 — Resolution of the Mayor and Common Council of the City of San 00 Bernardino Adopting the Mitigated Negative Declaration, Adopting the Mitigation o Monitoring and Reporting Program, Approving Tentative Tract Map No. 18829 and Conditional Use Permit No. 11-13, and Approving and Authorizing Execution of Development Agreement No. 12-02 for Waterman Gardens. r Mayor Morris opened the hearing. a Tony Stewart, Acting Director of Community Development, gave a brief PowerPoint presentation regarding the proposed project. Dan Nackerman, President and CEO of the Housing Authority of the County of San Bernardino, stated that they house over 32,000 people in San Bernardino County, many who have jobs, many who are seniors, many who are persons with disabilities, but all who are relatively low income. He stated that this project will be the biggest residential construction project in modern times and one of the things that will come with this project is jobs. Mr. Nackerman stated that they have a requirement called Section 3 that Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg:36 5 B.c r Joint Regular Meeting Minutes February 18, 2014 allows them to hire and train residents directly and all of their vendors have to hire and train residents directly. He stated that good property management equals great neighbors, equals positive position in the community and poor property management does the opposite. He stated that what used to be all low income will now be mixed income with seniors. Mr. Nackerman stated that they did a national Request for Proposal process, which they are required to do because they primarily use federal funding. Six developers responded and five of the six were prominent national developers. The firm that was selected under this very stringent national proposal process was National Community Renaissance, also known as National Core, in Partnership with the Clancy Company. The Clancy Company is a Boston-based firm that has done dozens of neighborhood revitalizations v where public housing is either the donut around the hole or the hole in the donut N depending on how you look at it. National Core is routed in the Inland Empire. They have a record of development and operation of over 8,000 units in five states. One of the reasons they got selected is because they have a fantastic organization that's been in LL business for over 20 years called Hope through Housing whose sole purpose as another ; non-profit is to support and help residents of these multi-family communities. w 3 Steve PonTell, CEO of National Core, submitted into the record and discussed a PowerPoint presentation titled, "Waterman Gardens Neighborhood Revitalization, A Regional Economic Strategy to Move People to Prosperity Pathway to Community Stabilization," dated February 18, 2014. Questions posed by the Council regarding relocation, funding/financing, infrastructure cn� improvements, the management process, job opportunities/training, solar technology, _i crime rates, property tax revenue, development fees, energy efficiency, etc., were addressed by City staff, National Core staff, and Mr. Nackerman. o 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. 0 N Public Comments: The following individuals spoke in support of the project: ° c Kent Paxton, San Bernardino E Dennis Baxter, San Bernardino John Matley, San Bernardino a Shirley Harlan, San Bernardino Phil Waller, Inland Action, San Bernardino Pastor Jones, San Bernardino Judy Castorena, San Bernardino Tim Johnson, Executive Director of the California Apartment Association, Greater Inland Empire Division, Rancho Cucamonga Tony Mise, Riverside. The following individual spoke in opposition to the project: j Deanna Adams, San Bernardino Mayor and Common Council of the City ofSan Bernardino Page 10 Joint Regular Meeting Minutes February 18, 2014 0 Motion: Close the public hearing; and adopt the Resolution which adopts the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program (Attachments D & E); and approves Tentative Tract Map 18828 (Subdivision 11-03), Conditional Use Permit 11-13 and Development Agreement 12-02, based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment Q. RESULT: ADOPTED [UNANIMOUS] 03:18:53 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett,Nickel, Johnson, Mulvihill v c N 7. Staff Reports L .Q 7A. City Manager LL RES. 2014-40 — Resolution of the Mayor and Common Council of the City of San N Bernardino Updating the Fees for the City's Public, Education and Government Channels, Local Channels 3, 17, 32, and 33, on the Following Providers, Time Warner, Charter, _ Verizon and AT&T. v Motion: Adopt the Resolution. N RESULT: ADOPTED [UNANIMOUS] 05:06:00 ° MOVER: Robert D. Jenkins, Council Member, Ward 2 � i SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett,Nickel,Johnson, Mulvihill o d 7B. Finance r RES. 2014-41 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving and Adopting the City of San Bernardino's Mid-Year Budget N Document for Fiscal Year 2013-14. co N Public Comments: ° John Matley, San Bernardino E Motion: Adopt the Resolution. a RESULT: ADOPTED [5 TO 21 05:06:54 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Shorett,Nickel, Johnson NAYS: John Valdivia, James Mulvihill Mayor and Common Council of the City of San Bernardino Page I1 �. Joint Regular Meeting Minutes February 18, 2014 7C. Public Works RES. 2014-42 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing a Fair Market Value and Minimum Sale Price for Certain City Owned Parcels of Real Property Located at 241 E. 91h Street, and Giving Notice Inviting Competitive Sealed and Oral Bids for the Sale of Said Property. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 05:31:12 MOVER: John Valdivia, Council Member, Ward 3 p SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett,Nickel, Johnson,Mulvihill N M L 8. Public Comments on Items Not on the Agenda LL Jay Lindberg, San Bernardino, spoke about recent rate increases by Southern California Edison and promoted Solar Energy. c Pastor Jones, San Bernardino, announced that the San Bernardino Day of Prayer was rescheduled to March 1, 2014, at True Vine Christian Center, 123 W. Second Street, San a, Bernardino, from 12-4 p.m.; thanked Mayor Morris and Council Member Jenkins for their service to the City; and welcomed Mayor-elect Carey Davis and Councilman-elect a, Henry Nickel. �I i David McCammack, San Bernardino, thanked the supporters of Wendy McCammack; L and welcomed Mayor-elect Carey Davis. d Ashley Jones of Assemblywoman Cheryl Brown's office announced upcoming events sponsored by the assemblywoman's office. T O Deanna Adams, San Bernardino, voiced her concerns regarding the number of homeless CN co people and prostitutes in the City; and complained about advertisements for "A Touch of T' N Romance,"which is an adult entertainment website. ° Barbara Babcock, San Bernardino, thanked Mayor Morris for his service and welcomed E Mayor-elect Carey Davis to the City. at Bill Sandefur, San Bernardino, congratulated Mayor-elect Carey Davis and stated that he is confident that the new team will work together to solve the City's problems. Carolyn Conley, San Bernardino, voiced her concerns regarding advertisement signs and the amount of money it costs to take them down and destroy them. Jim Smith, Highland, congratulated Mayor-elect Carey Davis and Councilman-elect Henry Nickel; thanked Mayor Morris for his service to the City; and thanked Interim Police Chief Burguan for the downtown cleanup effort. Mayor and Common Council of the City ofSan Bernardino Page 12 Packet Pg.39 5.B.c Joint Regular Meeting Minutes February 18, 2014 9. Adjournment At 9:58 p.m., the meeting adjourned. 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, March 3, 2014. GEORGEANN"GIGI"HANNA City Clerk By Linda Sutherland c Deputy City Clerk N L LL G t .. N I N J I g � 4 � d Q' d' r 0 N O r N O r: C E t V IC w a Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg.40