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HomeMy WebLinkAbout06-02-2014 Jt. Reg Mtg Minutes ARfl�© City of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members o San Bernardino CA 92418 Virginia Marquez Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett + U 'b D t�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,JUNE 2, 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, June 2, 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 j 2:00 p.m. Benito J. Barrios Council Member, Ward 2 Present 2:19 p.m. John Valdivia Council Member Ward 3 Present 4:00 p.m. Fred Shorett = Council Member, Ward 4 Present 2:18 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. R. Carey Davis Mayor Present--+2:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 2.00 p.m. Allen Parker City Manager Present 2:16 p.m. .w. Gary D. Saenz City Attorney Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page I Printed 61912014 Joint Regular Meeting Minutes June 2, 2014 l. Closed Session — Pursuant to Government Code Sections(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-28006 MJ. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Claim of Maria Llanos 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 item would be discussed in closed session: Memorandum from the Mayor and City Attorney regarding Resolution No. 2010-252 involving Operational Guidelines and Code of Conduct for the Mayor and Common Council. Closed Session Announcement City Attorney Saenz announced that during closed session the Council voted to give settlement authority in the claim of Maria Llanos. The vote was 6 to 0 with Council Member Valdivia absent. 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 George Honn from Center for Spiritual Living. The Pledge of Allegiance was led by Mailani Romo, a 4th grade student at Holy Rosary Academy. Mayor and Common Council of the City of San Bernardino Page 2 Printed 61912014 Joint Regular Meeting Minutes June 2, 2014 2. Appointments 2A. Mayor's Office Appointment of Ken Sousa to the Board of Fire Commissioners - Council Member Henry Nickel Motion: Approve the appointment of Ken Sousa to the Board of Fire Commissioners as requested by Council Member Henry Nickel. _11....1...._.._.................. . ........... -— _ .............................__ RESULT: ADOPTED [UNANIMOUS] 00:04:18' MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 3. Presentations 3A. Introduction of San Bernardino Sister City Student Ambassadors to Tachikawa, Japan -- Mayor Davis Judy Maculsay and Jeanette Avila of the Tachikawa Sister City Program joined Mayor Davis in presenting Certificates of Appreciation to the following three students who were chosen to represent the City of San Bernardino in Japan this summer: Sydney Richter, San Gorgonio High School; Breshaun Rucker, Cajon High School; and Jacob Scott, Public Safety Academy. 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 June 2, 2014. RESULT: ADOPTED [UNANIMOUS] 00:37:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill 5B. City Manager RES. 2014-151 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Enter into the County of San Bernardino Home Investment Partnership Consortium. Public Comments: Betty Jean Long, San Bernardino 'Approximate time motion and second were made, according to meeting video posted on City web site. Mayor and Common Council of the City of San Bernardino Page 3 Printed 61912014 Joint Regular Meeting Minutes June 2, 2014 Motion: Adopt the Resolution. ' ....--- _..... _ ........ _. RESULT: ADOPTED [UNANIMOUS] 00:43:24 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5C. City Manager ORD. MC-1401 -An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Chapter 5.36, Bingo Games, to Include Remote Caller Bingo. (FINAL READING) Motion: Adopt the Ordinance. . RESULT: ADOPTED [UNANIMOUS] 00:37:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5D. Civil Service Personnel Actions - Classified Public Comments: Betty Jean Long, San Bernardino Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. ...... .._. ., .. ._.._......._.. ..... ... ..._... ........ - _.............. .........� RESULT: ADOPTED [UNANIMOUS] 00:43:24 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5E. Community Development ORD. MC-1402 - Ordinance of the City of San Bernardino Approving Zoning Map Amendment 13-07 to Amend the Subject Site's Zoning from Office Industrial Park (OIP) to Industrial Light (IL) Zone and Approving Development Permit P13-08 to Establish a Heavy Equipment Transport Facility with Ancillary Auto Repair, Located at 673 South Waterman Avenue, in the Office Industrial Park (OIP) Zone. (FINAL READING) Motion: Adopt the Ordinance. Mayor and Common Council of the City of San Bernardino Page 4 Printed 61912014 Joint Regular Meeting Minutes June 2, 2014 RESULT: ADOPTED [UNANIMOUS] 00:37:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5F. Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. ...... ... . .. RESULT: ADOPTED [UNANIMOUS] 00:37:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill ......... ........_.... __ ......... .................... ..... 5G. Human Resources 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] 00:37:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill SH. Public Works RES. 2014-152 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to the Vendor Service Agreement Between Stock All Services and the City of San Bernardino and Authorizing the Increase to Annual Purchase Order No. 2014-00000132 by$10,000 for a Total Not to Exceed $58,000 to Stock All Services for the Repair of Hydraulic Cylinders and Supplies. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:37:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill C Mayor and Common Council of the City of San Bernardino Page 5 Printed 61912014 Joint Regular Meeting Minutes June 2, 2014 51. Public Works RES. 2014-153 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Service Agreement and an Increase to Purchase Order No. 2014-201 in the Amount of $19,000 for a Total Not to Exceed $30,000 to Haaker Equipment Company for Specific Elgin and Schwarze Parts and Service to Support the City's Vactors and Sweeper Fleet. Motion: Adopt the Resolution. _._,. _ ... __ .......... _._ . .__ .... . _. _ _ _ _ ....... RESULT: ADOPTED [UNANIMOUS] 00.37:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5J. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Three to the Franchise Agreement with Jack's Disposal, Inc. for the Collection, Transportation, and Disposal of Solid Waste and Construction Debris and for Providing Temporary Bin/Roll-Off Services. Motion: Continue to June 16, 2014. __ ___.—.__._...._____._......... _.................._.._................_..._............._.......m.....__...__ ..............._... . RESULT: CONTINUED [UNANIMOUS] Next: 6/16/2014 2:00 PM j MOVER: Fred Shorett, Council Member, Ward 4 00:37:25 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill 5K. Public Works RES. 2014-154 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Director of Administrative Services to Amend the FY2013/14 Budget to Reflect a Transfer of Funds in the Amount of$27,000.00 from Account No. 527-400-0095-5179 (Dump Waste Fees) to Account No. 527-400-0095- 5803 (Lease Payments). Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:37:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5L. Treasurer's Office Treasurer's Report for April 2014 Consensus: Receive and file. Mayor and Common Council of the City of San Bernardino Page 6 Printed 01912014 Joint Regular Meeting Minutes June 2, 2014 RESULT: ADOPTED [UNANIMOUS] 00:37:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill ..... .... ..... - ---- ..� 6. Public Hearings 6A. City Clerk RES. 2014-155 — Resolution of the Mayor and Common Council of the City of San Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City of San Bernardino for Uncollected Business Registration Fees. Mayor Davis opened the hearing. No public comments were received. Motion: Close the hearing; direct the City Clerk to administratively remove any properties from Exhibit "A" which have been paid prior to the hearing; and adopt the Resolution. ............................................................................................ . . __ RESULT: ADOPTED [UNANIMOUS] 02:36:41 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 7. Staff Reports 7A. City Manager Discussion of the Commercial Building Rehabilitation Program and Small Business Facade Program of the HUD Action Plan(Continued from May 19, 2014). Brandon Mims, Project Manager/Assistant of the City Manager, described the Commercial Building Rehabilitation Program, the PACE Program, and the Small Business Administration (SBA) 504 Loan. He stated that staff would like to commit $300,000 to financing six $50,000 commercial rehab loans, and over the next 90 days they would like to further develop the SBA and PACE partnerships. Council Member Valdivia asked if there was an immediate need to act on this item. Mr. Mims stated that there is an immediate need to act in order to program the money for 2013/14 so the allocated amount can be reduced for this year and then carried over. Council Member Valdivia said he thought the money would be better used as a demolition fund. Council Member Marquez asked who would determine the six buildings. ✓ Mr. Mims stated that there will be an application process and the Council could either choose to have a loan review board or they could make the decision themselves. Mayor and Common Council of the City of San Bernardino Page 7 Printed 61912014 Joint Regular Meeting Minutes June 2, 2014 Public Comments: Betty Jean Long, San Bernardino Assemblymember Cheryl Brown, San Bernardino Motion: Complete the proposed substantial amendment to the 2013-2014 Action Plan from March 17, 2014, by designating $300,000 of Community Block Grant dollars for a Commercial Rehabilitation program. . RESULT: ADOPTED [6 TO 11 01:03:34 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill NAYS: John Valdivia 7B. Council Office San Bernardino Hometown Heroes Military Banner Program Public Comments: Betty Jean Long, San Bernardino Assemblymember Cheryl Brown, San Bernardino Consensus: Receive and file committee update. 7C. City Clerk Council Delegate to the League of California Cities Annual Conference and Expo, September 3-5, 2014, in Los Angeles, California Motion: Designate Council Member Johnson as the voting delegate to represent the City of San Bernardino at the League of California Cities Annual Conference and Expo, September 3-5, 2014, in Los Angeles, California. RESULT: ADOPTED [6 TO 0] 01:21:47 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSTAIN: John Valdivia 7D. Mayor's Office RES. 2014-156 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Homeless Intervention Action Plan to Reduce the Unsheltered Homeless Population and Directing City Staff to Take Necessary Measures to Enact the Plan. Public Comments: Assemblymember Cheryl Brown, San Bernardino Tayler Furlow, San Bernardino Roxanne Williams, San Bernardino Sam Samir Riad, San Bernardino Felix Marchany, Youth Power Community Solutions, San Bernardino Carolyn Conley I Mayor and Common Council of the City of San Bernardino Page 8 Printed 61912014 I Joint Regular Meeting Minutes June 2, 2014 Motion: Refer to the Legislative Review Committee for further vetting and discussion with partners and bring back to Council at a later date. RESULT: FAILED 13 TO 41 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: John Valdivia, Fred Shorett,Henry Nickel NAYS: Virginia Marquez, Benito J. Barrios, Rikke Johnson, James Mulvihill Motion: Adopt the Resolution. .................................... .............. ........... .............................-.1-1-1-1-1-1....... RESULT: ADOPTED [4 TO 0] 02:33:23 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Benito J. Barrios, Rikke Johnson, James Mulvihill NAYS: john Valdi (changed his vote to an abstention later in the meeting) ABSTAIN: John Valdivia, Fred Shorett, Henry Nickel 8. Public Comments on Items Not on the Agenda Samir Riad, San Bernardino, spoke about code violations he has received totaling Robert Porter, San Bernardino, spoke about his Facebook group; Paleo Days; CommUnity Fest hosted by San Bernardino Generation Now; the Farmer's Fair and Market Night; his book regarding native art in the hills; and his support for Paul Chabot for the 31"Congressional District. Annemaria-Norton Kessler, Grand Terrace, stated that because of a bite incident a few weeks ago at the San Bernardino Animal Shelter, volunteers can no longer walk the dogs which means they cannot network them properly online. Steve Miller, Highland, spoke about a dog bite he recently received and other issues regarding the City's Animal Shelter. Maria Sanchez, Riverside, requested that the ad hoc committee review the new policies at the animal shelter. Jim Smith, Highland, invited the public to attend a Flag Day celebration at the Elks Lodge at 7:30 p.m. on June 13, 2014. Rene Ruston, representative for the Shelter Transport Animal Rescue Team (S.T.A.R.T.), spoke regarding the RFP for Animal Control Services. Al Palazzo, San Bernardino, spoke against hiring an Economic Development Director and closing libraries; and stated that he was going to resign from all the clubs he belongs to and the offices he holds to focus primarily on his vision for the City. Mayor and Colninmi Council of the City of San Bernardino Page 9 Printed 61912014 Joint Regular Meeting Minutes June 2, 2014 9. Items to be Referred to Council Committees C Refer to the Education Bridge Committee the "San Bernardino Love" slogan contest as requested by Council Member Marquez. 10. Adjournment At 7:16 p.m., the meeting adjourned to 5:00 p.m., Tuesday, June 3, 2014, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California, for a budget workshop. 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, June 16, 2014. GEORGEANN "GIGI" HANNA City Clerk BY , O1Ce Linda Sutherland Deputy City Clerk i I I I II C, I Mayor and Common Council of the City of San Bernardino Page 10 Printed 61912014