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Home My WebLink About03-17-2014 Jt. Reg Mtg Minutes City of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members Virginia Marquez San Bernardino, CA 92418 Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett D N Henry Nickel Rikke Johnson James L. Mulvihill MINUTES JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, MARCH 17,2014 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor R. Carey Davis at 2:11 p.m., Monday, March 17, 2014, in the Council Chamber, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 2:00 p.m. Benito J. Barrios Council Member, Ward 2 Present 2:OO p.m. John Valdivia ! Council Member, Ward 3 Present 5:49 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member, Ward 5 Present 4:00 p.m. Rikke Johnson Council Member, Ward 6 Present 2:00 p.m. James Mulvihill Council Member, Ward 7 Present 2:OO-P-.T. R. Carey Davis ; 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 Pagel Printed 410112014 Joint Regular Meeting Minutes March 17, 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- Glen Aire Mobile Home v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1114110; Munoz v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1110863. 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: Two items. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9: One item. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Closed Session Announcement Senior Assistant City Attorney Grider announced that during closed session the Council voted to authorize settlement of the bankruptcy appeal in the Munoz v. City of San Bernardino case for $95,000 with a vote of 6 to 0. 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 Reverend David Nagler from the Central City Lutheran Mission. The Pledge of Allegiance was led by Essence Stallworth, a fifth grade student from Kendall Elementary School. Mayor and Common Council of the City of San Bernardino Page 2 Printed 410112014 Joint Regular Meeting Minutes March 17, 2014 2. Appointments 2A. Mayor's Office Appointment of Matthew Martel to the Measure Z Citizens Oversight Committee - Council Member Henry Nickel Motion: Approve the appointment of Matthew Martel to the Measure Z Citizens Oversight Committee as requested by Council Member Henry Nickel. ......... ....... ___ . _ ___ _.._ ..... _...._..__ �_ -._— __ j RESULT: ADOPTED [UNANIMOUS] 00:17:33 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 2B. Mayor's Office Appointment of Barbara Sky to the Human Relations Commission - Council Member Henry Nickel Motion: Approve the appointment of Barbara Sky to the Human Relations Commission as requested by Council Member Henry Nickel. ....................................... __ _ _. ..._._. .. . _. i RESULT: ADOPTED [UNANIMOUS] 00:17:33 j MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 1 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 2C. Mayor's Office Appointment of Randy Wilson to the Board of Police Commissioners - Council Member Henry Nickel Motion: Approve the appointment of Randy Wilson to the Board of Police Commissioners as requested by Council Member Henry Nickel. I ....._..-- ......-- - ---- - RESULT: ADOPTED [UNANIMOUS] 00:17:33 MOVER: Fred Shorett, Council Member, Ward 4 r' SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill i ABSENT: John Valdivia ii Approximate time of motion/second,according to timestamp on meeting video posted on the City's web site ill Mayor and Common Council of the City of San Bernardino Page 3 Printed 410112014 Joint Regular Meeting Minutes March 17, 2014 2D. Mayor's Office Appointment of Lynette Kaplan to the Fine Arts Commission - Council Member Henry Nickel Motion: Approve the appointment of Lynette Kaplan to the Fine Arts Commission as requested by Council Member Henry Nickel. ............... __ RESULT: ADOPTED [UNANIMOUS] 00:17:33 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett,Nickel, Johnson,Mulvihill ABSENT: John Valdivia ......... __ ........ _. ..........__ _......_.... ._.._ 2E. Mayor's Office Re-Appointment of Louella Deetz to the Bureau of Franchises - Council Member Henry Nickel Motion: Approve the re-appointment of Louella Deetz to the Bureau of Franchises as requested by Council Member Henry Nickel. __ ..... RESULT: ADOPTED [UNANIMOUS] 00:17:33 MOVER: Fred Shorett, Council Member, Ward 4 1 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill I ABSENT: John Valdivia 2F. Mayor's Office Appointment of Robert Edwards to the Board of Building Commissioners - Council Member Henry Nickel Motion: Approve the appointment of Robert Edwards to the Board of Building Commissioners as requested by Council Member Henry Nickel. ..... .............................. RESULT: ADOPTED [UNANIMOUS] 00:17:33 j MOVER: Fred Shorett, Council Member, Ward 4 1 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill E ABSENT: John Valdivia 2G. Mayor's Office Re-Appointment of Nicholas Cataldo to the Historical Preservation Commission - Council Member Henry Nickel Motion: Approve the re-appointment of Nicholas Cataldo to the Historical Preservation Commission as requested by Council Member Henry Nickel. L I' Mayor and Common Council of the City of San Bernardino Page 4 Printed 410112014 Joint Regular Meeting Minutes March 17, 2014 _. . — __ _--- ED.... [U _ _ _... C _ 0 RESULT: AD_OPTNANIMOUS] 00:17:33 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia __ .._. __ .___ _ .............................. f_.1111.... ._.., 1111..... 11_11... 1111..... 1111..... 2H. Mayor's Office Appointment of Joyce Seeger to the Senior Affairs Commission- Council Member Henry Nickel Motion: Approve the appointment of Joyce Seeger to the Senior Affairs Commission as requested by Council Member Henry Nickel. RESULT: ADOPTED [UNANIMOUS] 00:17:33 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 E AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 2I. Mayor's Office Appointment of Dorothy Garcia to the Fine Arts Commission - Council Member Fred Shorett Motion: Approve the appointment of Dorothy Garcia to the Fine Arts Commission as requested by Council Member Fred Shorett. ......... _ ........ 1111-111111-----...................... ........ ...... .................. RESULT: ADOPTED [UNANIMOUS] 00:17:33 MOVER: Fred Shorett, Council Member, Ward 4 j SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 3. Presentations 3A. 6th Unveiling of the Hometown Heroes Military Banners -- Council Member Johnson 3B. Women's History Month -- Girl Scouts --Hardy Brown, II 3C. Citizen of the Month -- Pregnancy and Family Resource Center-- Lisa Joy Stiefken, Director-- Council Member Nickel on behalf of Council Member Valdivia 3D. Student of the Month -- Lou Chen, Cajon High School -- Council Member Nickel Mayor and Common Council of the City of San Bernardino Page 5 Printed 410111014 Joint Regular Meeting Minutes March 17, 2014 3E. Inland Fair Housing and Mediation Board Programs and Services for the City of San Bernardino-- Amber Sommerville,Education and Media Coordinator 4. Announcements -- Chamber of Commerce & Elected Officials 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the agenda dated March 17, 2014. RESULT: ADOPTED [UNANIMOUS] 01:57:40 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill __ _ ....... . ....._. ....... _...____ ._ ._._.__J 5B. City Attorney RES. 2014-54 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Engagement of Legal Services Letter and Waiver of Conflict Letter Between Wendel Rosen Black & Dean and the City of San Bernardino for Legal Services in the MedCal Tax Allocation Matter. Motion: Adopt the Resolution. RESULT. ADOPTED [UNANIMOUS] 01:57:40 j MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5C. City Manager Discussion of the Commercial Building Rehabilitation Program and Small Business Fagade Program of the HUD Action Plan li Public Comments: Jay Lindberg, San Bernardino Motion: Continue to May 5, 2014. �.._.._------- -- RESULT: CONTINUED [UNANIMOUS] Next: 5/5/2014 2:00 PM I MOVER: John Valdivia, Council Member, Ward 3 02:00:16 I SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill I. i Mayor and Common Council of the City of San Bernardino Page 6 Printed 410112014 Joint Regular Meeting Minutes March 17, 2014 5D. Civil Service Personnel Actions—Classified Public Comments: Jay Lindberg, San Bernardino Pastor Jones, San Bernardino Motion: Approve the classified personnel actions (Revised 3117114), as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED [UNANIMOUS] 02:07:43 MOVER: John Valdivia, Council Member, Ward 3 a SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5E. Community Development RES. 2014-55 — Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution 2005-363, Establishing the Application Process, Review Procedures, and Required Contract Provisions for the Implementation of a Mills Act Program in the City of San Bernardino. Public Comments: Nick Cataldo, Historical Preservation Commission Chair Jim Smith, Historical Preservation Commission Member Motion: Adopt the Resolution. ..... RESULT: ADOPTED 15 TO 21 02:22:29 MOVER: James Mulvihill, Council Member, Ward 7 j SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Barrios, Shorett,Nickel, Johnson, Mulvihill NAYS: Virginia Marquez, John Valdivia 5F. Community Development RES. 2014-56 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Use of the City Seal on Plaques Installed on Properties to Recognize that Said Properties Are Part of the City's Mills Act Program. Motion: Adopt the Resolution. 10 Mayor and Common Council of the City of San Bernardino Page 7 Printed 410112014 EMMMEMMOM Joint Regular Meeting Minutes March 17, 2014 RESULT: ADOPTED [UNANIMOUS] 01:57:40 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill ............ 5G. Finance Approval of Check Warrants and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. ... ......_ _ _ ................................ ........................1-1--.1---_____. I RESULT: ADOPTED [UNANIMOUS] 01:57:40 c MOVER: Fred Shorett, Council Member, Ward 4 j SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 1 ...._....��___ _._ __ ................._ _ __ 5H. Finance RES. 2014-57 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement Between the City of San Bernardino and Macias, Gini & O Connell L.L.P. (MGO, Certified Public Accountants LLP) for the Provision of Financial Auditing Services. Motion: Adopt the Resolution. ...._.......... 1.11.1 . . _ .11__11. ___1 RESULT: ADOPTED [UNANIMOUS] 01:57:40 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill ._......... ............ __ _ _ 5I. Fire RES. 2014-58 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Purchase Agreement Between the City of San Bernardino and Allstar Fire Equipment, Inc. to Increase Annual Purchase Order Number 2014-00000298 by$15,300 for an Amount Not to Exceed $60,300 for the Replacement of Lion Janesville Structural Firefighting Turnouts. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:57:40 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill Mayor and Common Council of the City of San Bernardino Page 8 Printed 410112014 Joint Regular Meeting Minutes March 17, 2014 5J. Human Resources 0 Personnel Actions -Unclassified Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. RESULT: ADOPTED [UNANIMOUS] 00.09:48 MOVER: Fred Shorett, Council Member, Ward 4 1 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5K. Mayor's Office RES. 2014-59 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Formation of a Volunteer Citizen-Based Charter Committee and Directing the City Manager to Initiate a Request for Qualifications for a Consultant Specializing in Charter Reform. (Continued from March 11, 2014) Council Member Shorett submitted into the record an article that appeared in the Press Enterprise, by Cassie MacDuff, dated March 15, 2014, entitled, "Charter Reform Takes Some Time to do Right." Changes to the resolution were suggested and discussed by the Council. Council Member Valdivia made a motion to adopt the Resolution, as amended, adding language to Section IA, items 1 and 2, that appointees shall be registered voters and residents of the City; deleting the tie vote provision in Section 1D; and that the committee include one representative from the San Bernardino Police Officers Association, one representative from the San Bernardino Professional Firefighters Association, and one representative from the General Unit. The motion died for lack of a second. Public Comments: Jane Sneddon, San Bernardino Shirley Harlan, San Bernardino John Matley, San Bernardino Jim Smith, Highland, Jay Lindberg, San Bernardino Pastor Jones, San Bernardino hScott Olson, San Bernardino Richard Castro, San Bernardino Motion: Adopt the Resolution, as amended, adding language to Section IA, items 1-3, that appointees shall be registered voters and residents of the City; eliminating the tie vote provision in Section 11); and adding language to Section 1G that meetings shall be held in the EDA Boardroom. i Mayor and Common Council of the City of San Bernardino Page 9 Printed 410112014 Joint Regular Meeting Minutes March 17, 2014 RESULT: ADOPTED [UNANIMOUS] 02:55:35 j MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill I ... _...............__.... 1 5L. Parks,Recreation & Community Services RES. 2014-60 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Allocation of Additional Funds in the Amount of $28,000 from Unappropriated General Fund Revenues for the Senior Nutrition Program for FY2013-2014 to Continue the Meal Program for Senior-Age Recipients and Authorizing the Director of Administrative Services to Increase Annual Purchase Orders for Two Food Vendors (Sysco and FS Dairy) for Budget Period Two of County DAAS Contract #13-546 Al by$28,000 to an Aggregate Amount of$83,639. Public Comments: Shirley Harlan, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:35:02 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill __.._.__.._ _ . 5M. Parks, Recreation & Community Services RES. 2014-61 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Services Agreement and the Director of Administrative Services to Issue a Purchase Order in the Amount of $28,600 to Commercial Aquatic Services for the Replacement of a Two-Tank Commercial Pool Filtration System at the Hernandez Pool. Council Member Marquez made a motion, seconded by Council Member Valdivia, to continue to April 7, 2014. Council Member Marquez subsequently withdrew her motion. Public Comments: Pastor Jones, San Bernardino Motion: Adopt the Resolution. _ ...... ..................... __. _ . ..... .- RESULT: ADOPTED [UNANIMOUS] 03:42:45 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AI YES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill Mayor and Common Council of the City of San Bernardino Page 10 Printed 410112014 Joint Regular Meeting Minutes March 17, 2014 5N. Parks, Recreation & Community Services 0 RES. 2014-62 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. One to the Vendor Services Agreement Between the City of San Bernardino and EZ Sunnyday Landscape for Park Maintenance Services. Motion: Adopt the Resolution. . ................ .... ........ ... ...._ _ RESULT: ADOPTED [UNANIMOUS] 01:57:40 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson,Mulvihill i _ 50. Parks, Recreation & Community Services RES. 2014-63 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. One to the Vendor Services Agreement Between the City of San Bernardino and Service Scape for Park Maintenance Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:57:40 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill 5P. Parks, Recreation & Community Services RES. 2014-64 — Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of Year Two of a Three-Year Grant Application with the Corporation for National and Community Service, in the Amount of $47,310 to Continue the Administration and Operation of the Retired and Senior Volunteer Program for the Period of April 1, 2014 through March 31, 2015. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:57:40 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5Q. Police RES. 2014-65 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Administrative Services to Issue a Purchase Order to Geri's Screenprinting, LLC in the Amount of$857.34 Using Account Number 772-2327.212 for the Purchase of Dollars 4 Dogs Commemorative T-Shirts. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 11 Printed 410112014 Joint Regular Meeting Minutes March 17, 2014 RESULT: ADOPTED [UNANIMOUS] 01:57:40 j MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez,Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill 5R. Police RES. 2014-66 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Increase of Purchase Order Number 2014-00000463, Issued j to Victor Medical, to an Amount Not to Exceed $36,790 Utilizing Unspent Funds in the Animal Control Budget for the Purchase of Vaccinations,Medication, and Disinfectant. Public Comments: Sharon Blechinger of H.E.A.L. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:50:44 1 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward I 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5S. Public Works RES. 2014-67 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of the Waste Tire Cleanup Grant Application from the Department of Resources Recycling and Recovery(CalRecycle). Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:57:40 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 6. Public Hearings 6A. Public Works RES. 2014-68 — A Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Annexation of Territory Generally Located on the Southwesterly Side of Cajon Boulevard, Known as 6207 N. Cajon Boulevard (Annexation No. 8) to Community Facilities District No. 1033 and Authorizing the Levy of a Special Tax and Submitting the Levy of Tax to the Qualified Electors; and C Mayor and Common Council of the City of San Bernardino Page 12 Printed 410112014 Joint Regular Meeting Minutes March 17, 2014 RES. 2014-69 — A Resolution of the Mayor and Common Council of the City of San Bernardino Calling a Special Election and Submitting to the Voters of Annexation No. 8 of City of San Bernardino Community Facilities District No. 1033 Propositions Regarding the Annual Levy of Special Taxes Within Annexation No. 8 and the Establishment of an Appropriations Limit; and I RES. 2014-70 — A Resolution of the Mayor and Common Council of the City of San Bernardino Making Certain Findings, Certifying the Results of an Election and Adding Property to Community Facilities District No. 1033, Annexation No. 8. Mayor Davis opened the hearing. Council Member Shorett asked staff to explain why this requires a vote of the property owners in the area. Robert Eisenbeisz, City Engineer, explained that a vote is required because this item is an annexation into a community facilities district which is really an assessment district. He stated that there will be an assessment on the property taxes for the parcels that are joining the district. He informed the Council that this was a mitigation measure that was identified as part of the CEQA process. There is an area map of all the properties within that area that are served by the Fire Station, so as a mitigation measure, this was adopted in order to facilitate the development that has occurred since that time. Mr. Eisenbeisz stated that as new properties are developed, they have a choice of either joining the district or they can pay an in-lieu fee of the fair share cost toward that station; however, most developers choose to join the district as opposed to paying the in-lieu fee. Council Member Shorett asked staff to explain how the fee is established. Mr. Eisenbeisz stated that the fee is a formula based on square footage of the building in the case of industrial or commercial property, or on dwelling units if it's residential property. The in-lieu fee is a one-time fee; and the assessment is an annual formula- based tax assessment, both of which were established based on a nexus study that's done on the area available for development at the time it was established. Mr. Eisenbeisz stated that if there are any vacant parcels as part of the map, then the assessments don't occur until the building permits are actually pulled for the building. In this case,he stated that the buildings may already be going up, so it would pretty much be immediate, and it would be assessed in the following tax year. Mayor Davis asked the City Clerk to tabulate the election results. City Clerk Hanna advised that four ballots had been received and the votes were in favor of both Proposition A and Proposition B. 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 Mayor and Common Council of the City of San Bernardino Page 13 Printed 410112014 Joint Regular Meeting Minutes March 17, 2014 Public Comments: Chris Sanford, Representative of Hillwood and Cajon Creek Building 1 LLC, the property owner of the subject property, spoke in support of the annexation into the CFD No. 1033. Motion: Close the hearing; and adopt the Resolution approving Annexation No. 8; adopt the Resolution Calling the Special Election; and adopt the Resolution Certifying the Results of an Election. . ............................. RESULT: ADOPTED [6 TO 11 01:55:02 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill NAYS: John Valdivia 7. Staff Reports 7A. Council Office Election of Mayor Pro Tempore Motion: Elect Council Member Virginia Marquez to serve as Mayor Pro Tempore until March 16, 2015. RESULT: ADOPTED [UNANIMOUS] 03:55:10 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill ........ _ __ ...... _. 7B. Parks, Recreation & Community Services RES. 2014-71 — Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Receipt of a Sponsorship in the Amount of$25,000 from the Coca Cola Foundation to Purchase and Install an Outdoor Fitness Station at Lytle Creek Park and Sponsor the Parks & Recreation Department's 2014 Spring Youth Basketball League that Offers Youth Ages 7 Yrs. to 17 Yrs. a 70% Discounted Registration Fee. Public Comments: John Tang,Representative of Coca-Cola Shirley Harlan, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:59:35 MOVER: John Valdivia, Council Member, Ward 3 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill Mayor and Common Council of the City of San Bernardino Page 14 Printed 410112014 Joint Regular Meeting Minutes March 17, 2014 7C. Police Animal Control Presentation to the Mayor and Common Council of the City of San Bernardino Sergeant Adam Affrunti presented the report to the Mayor and Council. Public Comments: Page Miller, Founder of the Paige Project Sharon Blechinger of H.E.A.L. Consensus: Receive and file. 7D. Successor Agency Authorization to Reimburse the Housing and Urban Development Department in the Amount of $759,255.84 for a Draw Done on Home Investment Partnership Program (HOME) Funds During Fiscal Year 2011-2012 Motion: Authorize the Director of Administrative Services to wire transfer an amount not to exceed $759,255.84 to Housing and Urban Development Line of Credit for reimbursement of funds drawn in error. _.__ _ _.. �.._ _.... _ _ _.... __ ____ _._ _._ ._. �__._ ___._ __. RESULT. ADOPTED [UNANIMOUS] 04:57:14 l MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 8. Public Comments on Items Not on the Agenda Shirley Harlan, San Bernardino, spoke about the 011ie McDonald Senior Talent Showcase at the Sturges Center for the Fine Arts on Saturday, March 22, 2014. Dannell Duran, speaking on behalf of Irma Forward, announced that the Women's Club of San Bernardino would be hosting their annual Prayer Breakfast on Friday, March 28, 2014. Page Miller asked whether San Bernardino really needs fireworks and said she is supportive of banning them and there are other means for non-profits to make money; said the council should consider meeting weekly; asked the council to support the police department's efforts to deal with panhandlers and the homeless issue and asked if it could be mandated that people must have a residence in San Bernardino. Larry Guidry, San Bernardino, spoke about the park clean up that took place at Nunez and Secommbe Lake Parks last weekend. He thanked all the volunteers, including those from the Urban Conservation Corps, Mayor Davis, Council Member Marquez, and City employees. Robert Porter, San Bernardino, spoke about the history of the arrowhead and said it could attract tourists to the area. Mayor and Common Council of the City of San Bernardino Page 1 S Printed 4/0112014 Joint Regular Meeting Minutes March 17, 2014 Bill Sandefur, San Bernardino, spoke about the successful community park clean up at Nunez and Secommbe Lake Parks. Irene Amadi, San Bernardino, spoke about crime problems near the property she purchased in 2006 in the Operation Phoenix area, at 1505 Sepulveda Avenue, which she said are worse than when she first bought her property. She said she cannot rent out the property because of the people who hang out there and asked for help for her and the other property owners. i Alex Torres, San Bernardino, spoke about the bacterial stench at Mill Street and Mt. Vernon Avenue being produced by Co-West Commodities. Pastor Eddie Jones, San Bernardino, thanked Council Member Mulvihill for appointing him to the Human Relations Commission; and advised people to be prepared for earthquakes. Jay Lindberg, San Bernardino, handed out a piece he wrote about the second amendment; and spoke about the connection between NAFTA and crime rates. Carolyn Conley, San Bernardino, thanked the council members and Mayor Davis for the work they are doing in the community; and stated that the Council should schedule ride- alongs with Code Enforcement officers in order to get a better idea of what they have to deal with. Q Jim Smith, Highland, thanked the Council for their involvement in Hometown Heroes and congratulated the new police chief and mayor pro-tem. 9. Adjournment The meeting adjourned at 9:42 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, April 7, 2013. GEORGEANN"GIGI"HANNA City Clerk Linda Sutherland Deputy City Clerk U Mayor and Common Council of the City of San Bernardino Page 16 Printed 410112014