HomeMy WebLinkAbout04-21-2014 Jt. Reg Mtg Minutes $ gr�Ak,', , City of San Bernardino Mayor R. Carey Davis
300 North "D" Street Council Members
y.. Virginia Marquez
o San Bernardino, CA 92418 Benito Barrios
http://www.sbcity.org John Valdivia
Fred Shorett
D 1 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,APRIL 21, 2014
COUNCIL CHAMBER
The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino
was called to order by Mayor R. Carey Davis at 2:06 p.m., Monday, April 21, 2014, in the
Council Chamber, 300 North "D" Street, San Bernardino, California.
Roll Call
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward l Present 2:00 p.m.
Benito J. Barrios Council Member, Ward 2 Present 2:00 p.m.
John Valdivia Council Member, Ward 3 Absent ---------
Fred Shorett Council Member, Ward 4 Present 2:00 p.m.
Henry Nickel _ Council Member, Ward 5 i Present 2:00 p.m.
Rikke Johnson Council Member, Ward 6 ` Present 2:00 p.m.
James Mulvihill Council Member, Ward 7 Absent ------------
R. Carey Davis Mayor "" Present 2:00 p.m.
Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m.
Allen Parker City Manager Present 2:10 p.m.
Gary- D. Saenz City Attorney Present 2:00 p.m.
Mayor and Common Council of the City of San Bernardino Pagel Printed 412912014
Joint Regular Meeting Minutes April 21, 2014
I. Closed Session — Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation -pursuant to Government Code
Section 54956.9(a):
In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-28006
MJ.
B. Conference with legal counsel - anticipated litigation - significant exposure to
litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code
Section 54956.9:
Two items.
C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to subdivision(c) of Government Code Section 54956.9.
D. Closed Session-personnel -pursuant to Government Code Section 54957.
E. Closed session with Chief of Police on matters posing a threat to the security of
public buildings or threat to the public's right of access to public services or
public facilities -pursuant to Government Code Section 54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
City Attorney Saenz announced that the following additional items would be discussed in
closed session:
An emergency matter that arose regarding the legal action currently pending
involving the City of San Bernardino v. the State Board of Equalization — Superior
Court of Alameda County, Case No. RG14721676;
Two settlements regarding Administrative Civil Penalty liens in the case of Nador v.
City of San Bernardino; and property located at 227 E. 415` Street, San Bernardino.
Closed Session Announcement
City Attorney Saenz announced that during closed session, the Council discussed settlements
regarding ACP liens, specifically, ACP No. CE00123013, regarding property located at 738 S.
Waterman Avenue, San Bernardino; and ACP No. CE00222612, regarding property located at
227 E. 41" Street, San Bernardino.
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In the matter of the City of San Bernardino v. the State Board of Equalization — Superior Court
of Alameda County, Case No. RG14721676, the Council approved a resolution allowing outside
counsel the authority to examine San Bernardino's records with the State Board of Equalization
with a vote of 5 to 0.
RES. 2014-114 — Resolution of the Mayor and Common Council of the City of San Bernardino
Requesting the State Board of Equalization to Permit the Law Firm of Wendel, Rosen, Black &
Dean LLP to Examine Sales or Transactions and Use Tax Records of the Board Pertaining to the
Ascertainment of the Sales or Transactions and Use Taxes to Be Collected by the Board for the
City of San Bernardino.
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 Davis requested a moment of silence in memory of Warren Cocke.
Invocation/Pledge of Allegiance
The invocation was given by Chaplain Ray Miller of the SBPD Chaplain Corps. The Pledge of
Allegiance was led by Council Member Barrios.
2. Appointments
2A. Mayor's Office
Appointment of Karmel Roe to the Community Development Citizen Advisory
Committee- Council Member Henry Nickel
Motion: Approve the appointment of Karmel Roe to the Community Development
Citizen Advisory Committee as requested by Council Member Henry
Nickel.
RESULT: ADOPTED [UNANIMOUS] 00:13:211
j MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
1 ABSENT: John Valdivia, James Mulvihill
2B. Mayor's Office
Appointment of Tony Barber as an Alternate Member to the Fine Arts Commission -
Mayor R. Carey Davis
Motion: Approve the appointment of Tony Barber as an alternate member to the
Fine Arts Commission as requested by Mayor R. Carey Davis.
Ar
'Timestamp indicates approximate time of motion/second made on the meeting video posted on the City website.
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{
j RESULT: ADOPTED [UNANIMOUS] 00:13:21 E
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett, Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
2C. Mayor's Office
Re-Appointment of Larry Heasley to the Planning Commission - Council Member Henry
Nickel
Motion: Approve the re-appointment of Larry Heasley to the Planning Commission
as requested by Council Member Henry Nickel.
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RESULT: ADOPTED [UNANIMOUS] 00:13:21
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
3. Presentations
3A. Proclamation -- Designating April 2014 as Child Abuse Prevention Month -- Mayor
Davis
3B. Student of the Month -- Guadalupe Trujillo, Pacific High School-- Council Member
Barrios
3C. Welcome Home Vietnam Veterans Video -- Mickey Valdivia, Director of Parks,
Recreation and Community Services; Jon Gaede, Field Representative for
Assemblywoman Cheryl Brown's office; and David Matza, Field Representative for
State Senator Mike Morrell's office
4. Announcements -- Chamber of Commerce and 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
April 21, 2014.
Mayor and Common Council of the City of San Bernardino Page 4 Printed 412912014
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RESULT: ADOPTED [UNANIMOUS] 01:02:17
.. MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia,James Mulvihill
5B. City Clerk
Council Minutes --March 3, 2014; March 11, 2014; and March 17, 2014
Council Member Marquez stated that on Packet Page 23 of the Minutes of March 3,
2014, the first name of the City employee who led the Pledge of Allegiance was
misspelled and should have read, "Horace"Guy.
Motion: Approve the Minutes of the Mayor and Common Council Meetings of
March 3, 2014 (as corrected); March 11, 2014; and March 17, 2014.
RESULT: ADOPTED [UNANIMOUS] 01:03:28
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia,James Mulvihill
5C. City Manager
Set Budget Hearing Dates for FY 2014/15
Motion: Amend the dates adopted by Council on March 3, 2014, and set the
following budget hearing dates at 5:00 p.m. in the former Economic
Development Agency Board Room to review the City Manager's proposed
FY 2014/15 annual budget: Wednesday, May 21, 2014; Thursday, May
22, 2014; Tuesday, May 27, 2014; Wednesday, May 28, 2014 (if
necessary); and Thursday, May 29, 2014 (if necessary).
RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
5D. Finance
Approval of Check Warrants and Payroll Checks
Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed.
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RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
5E. Human Resources
RES. 2014-97 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Issuance of a Request for Qualification for Employee
Assistance Program Services.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:02:17 I
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
5F. Parks, Recreation & Community Services
RES. 2014-98 — Resolution of the Mayor and Common Council of the City of San
Bernardino Accepting the Grant Award for Year Two of a Three-Year Grant from the
Corporation for National and Community Service in the Amount of $47,310.00 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.
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i
RESULT: ADOPTED [UNANIMOUS] 01:02:17
j MOVER: Fred Shorett, Council Member, Ward 4 j
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia,James Mulvihill
5G. Parks, Recreation & Community Services
RES. 2014-99 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Director of Administrative Services to Increase Purchase
Order No. 2014-0000-0933 to Waxie Sanitary Supply by $3,500.00 to $28,400.00 for
Janitorial Supplies at the Soccer Complex.
Motion: Adopt the Resolution.
C
Mayor and Common Council of the City of San Bernardino Page 6 Printed 412912014
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Q RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia,James Mulvihill
s ....._._.. ___ -- -- _ ____. __ . . ._.____. ..._.___ .._._.._
5H. Parks, Recreation & Community Services
RES. 2014-100 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Director of Administrative Services to Transfer $1,254.00
from Senior Services Trust Account #772-380-2403 and $242.00 from Senior Services
Trust Account #772-380-2408, Totaling $1496.00, to the Parks, Recreation and
Community Services Department General Fund Expenditure Account for Materials and
Supplies#001-380-0075-5111.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:02:17
f MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6 I
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
5I. Parks,Recreation & Community Services
RES. 2014-101 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Director of Administrative Services to Transfer $38,580.00
from the Parks, Recreation & Community Services Department's Professional/
Contractual Services Account #001-380-0074-5502 to the Recreation and Community
Centers General Fund Part-Time Salaries Expenditure Account#001-380-0074-5014.
Motion: Adopt the Resolution.
_ . ._..�.._�..._.__..._..__ .__ �... ___�
RESULT: ADOPTED [UNANIMOUS] 01.02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
5J. Parks, Recreation & Community Services
RES. 2014-102 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Director of Administrative Services to Transfer $45,000.00
from the General Government Services Program Account #001-090-0053-5502 to the
Aquatics Part-Time Salaries Expenditure Account#001-380-0069-5014.
Motion: Adopt the Resolution.
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0 RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
i _.._. ..m._ ...
5K. Police
RES. 2014-103 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Director of Administrative Services to Transfer Budgeted
Funds from Account Number 001-210-0049-5505 to Account Number 001-210-0049-
5181 and Issue a Purchase Order to New World Systems Corp in the Amount of$29,000
for Citizen Reporting Software.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia,James Mulvihill
5L. Public Works
ORD. MC-1398 — Ordinance of the City of San Bernardino Amending Section
10.24.190, Subsection B of the Municipal Code to Prohibit Vehicles Exceeding a
Maximum Gross Vehicle Weight Limit of Over Ten Thousand Pounds Upon Meridian
Avenue Between Rialto Avenue and 170 Feet North of 9th Street. (FINAL READING)
Motion: Adopt the Ordinance.
RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
jAYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
5M. Public Works
RES. 2014-104 — Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing and directing the Director of Administrative Services to Amend
the FY 2013-14 Budget by Allocating Previously Unallocated HUTA (Gas Tax)Funds of
$200,000 to Account 527-400-0001-5502 "Professional/Contractual Services,"
authorizing the Execution of the First Amendment to an Agreement with West Coast
Arborists, Inc., and Increase Contract Purchase Order No. 2014-1356 for an amount not
to exceed $435,000 to West Coast Arborists, Inc., for Tree Trimming Services.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
5N. Public Works
RES. 2014-105 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing and Directing the Director of Administrative Services to Transfer
$250,000.00 from the Dump Waste Fees Account No. 527-400-0096-5179 into Account
No. 527-400-0096-5111 Materials and Supplies, and Authorize the Execution of a
Vendor Purchase Agreement with Wastequip Inc. for the Purchase of Solid Waste and
Recycling Collection Equipment, Related Equipment, Accessories and Supplies.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
j ABSENT: John Valdivia, James Mulvihill j
50. Public Works
RES. 2014-106 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Acceptance of Grant Funds from the Department of
Resources Recycling and Recovery (CalRecycle) for the City/County Payment Program
for Beverage Container Recycling.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
j SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
5P. Public Works
RES. 2014-107 — Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Appropriation of Funds from Department of Resources
Recycling and Recovery(CalRecycle) for Curbside Recycling of Beverage Containers.
Public Comments:
Ralph Flower, San Bernardino
® Motion: Adopt the Resolution.
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Q RESULT: ADOPTED [UNANIMOUS] 01:05:42
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
5Q. Public Works
RES. 2014-108 — Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Execution of a Right of Entry, Possession and Use Agreement
to San Bernardino Associated Governments (SANBAG) over a Storm Drain Easement
and within Assessor's Parcel No. 0136-091-11, generally located South of Rialto Avenue
and West of"G" Street.
Motion: Adopt the Resolution.
I RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
I AYES: Marquez, Barrios, Shorett,Nickel, Johnson
i
ABSENT: John Valdivia,James Mulvihill
5R. Public Works
RES. 2014-109 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of an Agreement and an Increase to Annual
Purchase Order No. 201400000145 in an Amount Not to Exceed $50,000 with Turf Star
Incorporated for the Purchase of Toro Commercial Equipment Parts and Supplies.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
... ................. __..
5S. Public Works
RES. 2014-110 — 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 $232,800 to Anderson Air Conditioning for
Replacement and Installation of Three Air Conditioner Units at the Police Department
Building, 710 North D Street.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
{
AYES: Marquez, Barrios, Shorett,Nickel, Johnson j
ABSENT: John Valdivia,James Mulvihill
........... __ ........
5T. Public Works
RES. 2014-111 — 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 the Amount of$200,000 with Three (3) One-Year Extensions at the
City's Option to Environmental Project Services, Inc., for Concrete Maintenance
Services.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
5U. Treasurer's Office
Treasurer's Office Portfolio Report for the Month of March 2014
Motion: Receive and file.
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c RESULT: ADOPTED [UNANIMOUS] 01:02:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
6. Public Hearings
6A. City Manager
Authorization to Submit the 2014-2015 Housing and Urban Development Action Plan
(Continued from April 7, 2014)
The hearing remained open.
Brandon Mims, Project Manager/Assistant of the City Manager, spoke about the City's
home ownership programs.
Q 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.
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Public Comments in Support of the CDBG Program:
Faith Duffy, San Bernardino, spoke about her home buying experience using the City's
Neighborhood Stabilization Program
Cathy Bechtel, Member of the Assistance League of San Bernardino
Bree Lane, CFO, Youth Action Project, San Bernardino
Tremaine Mitchell, Director of Operations, Youth Action Project
Richard Moreno, member and tutor for Youth Action Project
Jamie Sabellon, Youth Action Project
Mina Damavandi, Case Manager, tutor and mentor for Youth Action Project
Sharon Awad, Team Lead, Youth Action Project
Motion: Close the hearing; and authorize the City Manager to submit the 2014-
2015 Action Plan to the Los Angeles Housing and Urban Development
Program Office. Authorizing the City Manager to submit the 2014-2015
Action Plan is an administrative requirement and does not prevent the
Council from making changes to the Action Plan.
RESULT: ADOPTED [UNANIMOUS] 01:29:33
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
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6B. Community Development
Ordinance of the City of San Bernardino Adopting Development Code Amendment 14-
10, to Amend Chapter 19.08 (Industrial Districts) Section 19.08.020, Table 08.01, (15)
Gasoline Service Stations, to Permit Ancillary Commercial Uses with a Gasoline Service
Station, Only at the Intersections of Major and Secondary Arterials, Subject to Approval
of a Conditional Use Permit; and amend Chapter 19.06 (Commercial Districts) Section
19.06.030 (T) (2), Gasoline Service Stations, to Delete the Minimum Parcel Size
Requirement. (FIRST READING)
Mayor Davis opened the hearing.
Aron Liang, Senior Planner, provided a brief overview of the project.
Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to those
individuals wishing to speak on the matter that they would provide true and honest
testimony.
Public Comments in Support of the Project:
Doug Wilson, representative for owner/applicant Ali Yasin, Grand Terrace
CharN Jacobs, San Bernardino
Council Member Marquez asked if alcohol was going to be sold in the snack shop.
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Mr. Wilson stated that no alcohol would be sold in the snack shop.
Motion: Close the hearing; lay over Ordinance for final adoption; and approve
CUP13-25, based upon the Findings of Fact and subject to the Conditions
of Approval contained in the Planning Commission Staff Report.
RESULT: FIRST READING [UNANIMOUS] Next: 5/5/2014 2:00 PM
MOVER: Fred Shorett, Council Member, Ward 4 01:40:12
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
6C. Community Development
Ordinance of the City of San Bernardino Adopting Development Code Amendment
(Zoning Map Amendment) 14-11, a City-Initiated Request to Amend Development Code
Chapter 19.19A and the City's Zoning Map to Remove Certain Parcels Located Along
West Baseline Street and West 5t11 Street from the Transit District (TD) Overlay and to
Add Certain Parcels Located Along the West Side of"G" Street, South of Columbia Way
to the TD Overlay. (FIRST READING)
Mayor Davis opened the hearing.
® Aron Liang, Senior Planner,provided a brief overview of the project.
Council Member Marquez stated that she was interested in the TD Overlay on 5th and
"H" Streets, across from In-N-Out Burger. She asked the developer if he would share his
vision for the area.
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.
i
Public Comments in Support of the Project:
Jian Torkan, project proponent, said he is looking at that entire area, north and south of
5th Street from the freeway to "G" Street. He stated that this is an area where the City can
take advantage of the freeway traffic and bring people traveling on the freeway into the
City to spend their money within the City. He stated that they are looking into
developing a gas station, a drive-thru pharmacy, and a sit-down restaurant in that area.
Al Palazzo, said he likes the idea of a gas station, but would prefer to see the project on
the other side of"H" Street.
Motion: Close the hearing; and lay over Ordinance for final adoption.
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QRESULT: FIRST READING [UNANIMOUS] Next: 5/5/2014 2:00 PM
MOVER: Fred Shorett, Council Member, Ward 4 01:45:09
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill 1
6D. Public Works
Oral Bids: 5:30 P.M. and Awarding of Bid— Sale of City Property Located at 241 E. 9th
Street
Mayor Davis opened the hearing and asked if anyone wanted to submit an oral bid. No
oral bids were received.
Motion: To table the matter.
RESULT: TABLED [UNANIMOUS] 01:58:42
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
....... ......__ _ .......
Q7. Staff Reports
7A. City Clerk
Selection of the City of San Bernardino's 2014 Delegate and Alternate Delegate to the
Southern California Association of Governments 49th Annual Regional Conference and
General Assembly
Motion: Designate Council Member Nickel as the voting delegate for the Southern
California Association of Governments 49th Annual Regional Conference
and General Assembly, to be held May 1-2, 2014, at the Renaissance
Esmeralda Indian Wells Resort and Spa in Indian Wells, California.
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RESULT: ADOPTED [UNANIMOUS] 02:40:21
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia,James Mulvihill
7B. Council Office
RES. 2014-112 — Resolution of the Mayor and Common Council of the City of San
Bernardino in Support of the United States Postal Service Continuing Saturday Mail
Delivery.
Public Comments:
Greg Lamotte, President of the National Association of Letter Carriers, San Bernardino
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Motion: Adopt the Resolution.
........-------111.1--1 _ _1 11 1 1 1 11 11 _—__i
RESULT: ADOPTED [4 TO 1] 02:45:15
MOVER: Rikke Johnson, Council Member, Ward 6 I
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Virginia Marquez,Benito J. Barrios, Henry Nickel, Rikke Johnson
NAYS: Fred Shorett
ABSENT: John Valdivia, James Mulvihill
7C. Council Office
Council Committee Assignments—Effective April 22, 2014
Animal Control Ad Hoc Committee Jim Mulvihill, Chair
Virginia Marquez
Benito Barrios
Motion: Approve the recommended Council Committee assignments.
RESULT: ADOPTED [UNANIMOUS] 02:46:59
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
IAYES: Marquez, Barrios, Shorett,Nickel, Johnson
QABSENT John Valdivia, James Mulvihill
7D. Council Office
Create a Slogan Contest for the City of San Bernardino that Includes "San Bernardino
and Love"
Motion: Create a Slogan Contest for the City of San Bernardino.
RESULT: ADOPTED [UNANIMOUS] 02:53:40
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett,Nickel, Johnson
ABSENT: John Valdivia, James Mulvihill
7E. Council Office
Action by the Mayor and Common Council to Direct Staff to Place Matter(s) of Business
on a Future Agenda
Motion: Refer suggested item(s)to Council Committees.
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RESULT: ADOPTED [UNANIMOUS] 02:55:31
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: Virginia Marquez, Council Member, Ward 1
j AYES: Marquez, Barrios, Shorett,Nickel, Johnson
f ABSENT: John Valdivia,James Mulvihill
i ... ............ ......_.. .................. ............... ..... ... ........... _
8. Supplemental Agenda Item
8A. Mayor's Office
RES. 2014-113 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Professional Services Agreement Between the
City of San Bernardino and MICA-PR, Inc. for Mayor's Chief of Staff Services.
Council Member Shorett explained that this item had originally come to the Personnel
Committee as a budgeted position at a salary of $125,000 per year plus $43,000 in
benefits; however, the committee did not want to move it forward at that time.
Mr. Shorett stated that on April 7, 2014, the item came forward to the Council as a
temporary contract for the period from April 7, 2014, to the end of June 2014, for a salary
not to exceed $35,000; however, the item was tabled. Now the item is back in the same
general form except the contract would cover the period from April 21, 2014, through the
end of December 2014, for a salary not to exceed $100,000.
Discussion ensued regarding current and potential conflicts of interest, ethical
consideration regarding contracting with individuals as opposed to corporations, the need
for the position, and the qualifications of the individual.
Motion: Refer the item to the Personnel Committee.
....... _ _...__
RESULT: FAILED [2 TO 31 02:12:55 j
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Fred Shorett, Henry Nickel '
NAYS: Virginia Marquez, Benito J. Barrios, Rikke Johnson
ABSENT: John Valdivia,James Mulvihill E
I
Public Comments:
Michael McKinney, MICA-PR, Inc.
Barbara Babcock, San Bernardino
Pastor Eddie Jones, San Bernardino
Motion: Adopt the Resolution.
0
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RESULT: ADOPTED [4 TO 11 02:35:49
MOVER: Rikke Johnson, Council Member, Ward 6
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Virginia Marquez, Benito J. Barrios, Henry Nickel, Rikke Johnson
NAYS: Fred Shorett
ABSENT: John Valdivia, James Mulvihill
9. Public Comments on Items Not on the Agenda
Betty Jean Long, San Bernardino, stated that the Mayor has not shown any proof that he
is trying to get the City out of debt.
Robert Porter, San Bernardino, spoke about issues he had read in the paper recently, and
focused on Arrowhead Springs and the historic use of the property. He asked the City to
prepare an Environmental Impact Review.
Bob Nelson, Hesperia, spoke about the Council's actions in closing public comment at
the last council meeting after 60 minutes. He called the move unreasonable and a
violation of the Brown Act, the First Amendment, the due process clause of the
Fourteenth Amendment, and a dereliction of the oath of office.
Laura Mancha, San Bernardino, spoke about being the new staff member for Fifth
District Supervisor Josie Gonzales.
Maria Sanchez, Riverside, stated that on March 24, 2014, she mailed a package of
information to the City Attorney regarding owner-surrendered animals being euthanized
upon intake; and stated that dogs are being killed when rescues are on their way.
Steve Miller, Highland, spoke about how he has been trying to walk the dogs at the
shelter and has been turned away. He said the City needs to streamline the volunteer
application so people can help the shelter become a better place.
Anne Marie Kessler, Moreno Valley, spoke about the conditions at the shelter and
wondered if the City was properly addressing the issue of spaying and neutering;
suggested a partnership with the Human Society; and stated that Animal Control needs
more funding to enforce the strays and make people accountable for them.
Suzanne Helman,Aliso Viejo, stated that the City needs to have longer availability dates
so rescuers can find homes for the dogs; stated that the shelter needs to be open seven
days a week; stated that the dogs need larger water containers and some sort of air
conditioning; and requested that the dogs be sedated before they are euthanized.
Marla Tauscher, Sherman Oaks, stated that there are a lot of laws being violated at the
animal shelter. She said killing the animals is not only unspeakably cruel, but is also a
0 complete waste of taxpayer money.
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Sharon Logan, Seal Beach, said she has been rescuing from the San Bernardino City
Q shelter for two years. She complained about the management at the shelter being corrupt
and said they need to be removed immediately. She stated that if the City cannot get the
shelter in compliance with the community, they will get compliance through a court of
law.
Rudi Flores, San Bernardino, offered congratulations to Virginia Marquez and the
Mayor for their recent election wins. He stated that the west side of San Bernardino
needs everything it has been denied for over 90 years; he cited statistics about union
costs; and stated that there are things that can be done at the grass roots level to help the
City come out of bankruptcy.
Ralph Flower, San Bernardino, stated that the City needs to do something about the
animal shelter and the crime problem in San Bernardino. He thanked the Council for its
presentation on the Welcome Home Vietnam Veterans video. He said there is a problem
with the vacant lots in Del Rosa that were burned down in the Old Fire, and said every
house adjacent to those lots have been victimized. He asked the Council to look into
making the owners secure the lots.
Sol Plante, Corona, asked that the shelter help the rescue groups working on the large
adoption event on Tuesday, April 22, 2014. She said she has been unable to walk dogs
for the last two weeks and said new policies at the shelter are worse than previous ones.
Dawn Lee, Executive Director of Neighborhood Housing Services, thanked the Council
for continued HUD funding. She stated that between August 2013 and March 2014, the
CityLift Down-payment Assistance Program has helped 148 new home buyers, 58 of
which purchased homes in the City of San Bernardino.
Rocio Aguayo, San Bernardino, announced Arroyo Valley High School's new arts and
literature magazine that costs $2 with all proceeds going to support the school's yearbook
program.
Pastor Eddie Jones, San Bernardino, said we are doing a good job in San Bernardino,
but it will take some time. He said he and others have been praying for the City, the
animal shelter, the animal activists and the City of San Bernardino and everyone in it. It
is going to take all of us working together.
Ashley Jones of Assemblywoman Cheryl Brown's office, announced upcoming events
sponsored by the Assemblywoman's office.
Jim Smith, Highland, congratulated the mayor and council for changing the perception
of the City. He announced the dedication of the Justice Center at 9 a.m. on May 1, 2014,
and mentioned other buildings in the area that the Native Sons of the Golden West have
dedicated. He commended the City for moving ahead on the sbX project and commented
on the beauty of the Arrowhead Springs Hotel.
0
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10. Adjournment
The meeting adjourned at 8:22 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, May 5, 2014.
GEORGEANN"GIGI"HANNA
City Clerk "
Bye/ �.�J�C. It L
Linda Sutherland
Deputy City Clerk
Mayor and Common Council of the City of San Bernardino Page 19 Printed 412912014