HomeMy WebLinkAbout05-07-2012 Jt. Reg Mtg C.1w CUP
CITY OF SAN BERNARDINO
AGENDA
FOR THE
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, MAY 7, 2012
1:30 PM—CLOSED SESSION 3:00 PM—OPEN SESSION
COUNCIL CHAMBERS • 300 NORTH"D"STREET • SAN BERNARDINO,CA 92418 • W W W.SBCITY.ORG
Virginia Marquez Patrick J. Morris Wendy J. McCammack
; 1 M \vo
Robert D.Jenkins $ � Andrea Travis-Miller
COUNCIL MEMBER,WARD 2 ACTING CITY MANAGER
John Valdivia 5� James F. Penman
COUNCIL MEMBER,WARD 3
Fred Shorett ., Georgeann "Gig!" Hanna
COUNCIL MEMBER,WARD
Chas Kelley David Kennedy
COI*N('iI.MRNTBFR,WARDS ¢11.1, �y�� CITY TREASURER
Rikke Van Johnson D I t
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
• The City of San Bernardino recognizes its obligation to provide equal access to those individuals with
disabilities. Please contact the City Clerk's Office 0384-5002)two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
• All documents for public review are on file with the City Clerk's Office located on the 2nd floor of City Hall,300
North "D"Street,San Bernardino or may be accessed online bygoing to http://www.sbcity.org.
• Anyone who wishes to speak during public comment or on a particular item will be required to fill out a
speaker slip.Speaker slips should be turned in to staffseated on the north side of the Council chambers.
• Public comments for agenda items that are not public hearings will be limited to three minutes.
• Public commentsfor items that are not on the agenda will be limited to 3 minutes.
• All who wish to speak, including Council members and staff,need to be recognized by the Mayor or Mayor
Pro Tempore before speaking.
0 Please turn off or muteyour cell phone while the meeting is in session.
Joint Regular Meeting Agenda May 7, 2012
CALL TO ORDER
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Virginia Marquez ❑ ❑ ❑
Council Member, Ward 2 Robert D. Jenkins ❑ ❑ ❑
Council Member, Ward 3 John Valdivia ❑ ❑ ❑
Council Member, Ward 4 Fred Shorett ❑ ❑ ❑
Council Member, Ward 5 Chas A. Kelley ❑ ❑ ❑
Council Member, Ward 6 Rikke Van Johnson ❑ ❑ ❑
Council Member, Ward 7 Wendy J. McCammack ❑ ❑ ❑
1. CLOSED SESSION
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-minute limitation shall apply to each member of the public who wishes to address the
Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency
to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her
three minutes with any other member of the public.
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation-pursuant to Government Code
Section 54956.9(a):
In the Matter of Michael Billdt Industrial Disability Retirement Application;
Yvonne Barnes, et al. v. City of San Bernardino, et al. - San Bernardino Superior
Court,Case No.CIVSS807102;
Estate of Terry Nash v City of San Bernardino, el al - United States District
Court, CV09-08671 RGK(FFMx);
Nguyen v City of San Bernardino: and Does 1 through 100, inclusive - San
Bernardino Superior Court,Case No. CIVDS 1003080;
San Bernardino City Professional Firefighters, Brian Crowell and Byron Kuhn v.
City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS
1012967;
San Bernardino City Professional Firefighters, Local 891 v. City of San
Bernardino PERB Unfair Practice Charge No. LA-CE-714-M:
San Bernardino City Professional Firefighters Local 891• Richard "Scott" Moss
V. City of San Bernardino, et al. - San Bernardino Superior Court, Case No.
CLADS 1102415.
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Joint Regular Meeting Agenda May 7, 2012
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.
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.
2. APPOINTMENTS
A. Mayor's Office
Appointment of Jeffrey P. Thurman to the Fine Arts Commission - Mayor Patrick J.
Morris [Ward(s): N/A]
Motion: Approve the appointment of Jeffrey P. Thurman to the Fine Arts
Commission as requested by Mayor Patrick J. Morris.
3. PRESENTATIONS
3A. Resolution of Commendation to Mary's Mercy Table on their 25th Anniversary -
Council Member Marquez
3B. Certificate of Recognition to Nia Bush, Miss Black San Bernardino - Council
Member Johnson
3C. Historic Preservation Mouth - Mayor Morris
31). Chamber of Commerce Announcements
4. ANNOUNCEMENTS
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Joint Regular Meeting Agenda May 7, 2012
5. CONSENT CALENDAR
All Consent Calendar items are considered to be routine by the City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Council member or
other interested persons so request, in which event the item will be removed from the Consent
Calendar and considered in its normal sequence on the agenda. Information concerning
Consent Calendar items is available for public review.
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances [Ward(s): All]
Motion: Waive full reading of resolutions and ordinances on the agenda dated May
7, 2012.
5B. City Clerk
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
the Destruction of Certain Records by the City Clerk's Office. [Ward(s): All]
Motion: Adopt Resolution.
v.. 5C. Civil Service
`•• Personnel Actions- Classified [Ward(s): All]
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.
5D. Community Development
Authorize the Director of Finance to Amend the FY 2011/12 Community Development
Budget to Transfer Funds Within the Department's Discretionary Budget to Execute a
Contract with Larry Jacinto Farming and Scott Tractor Service Relating to the Discing of
Vacant Properties for Weed Abatement Services as Allowed by Resolution 2008-350.
[Ward(s): None]
Motion: Authorize the Director of Finance to amend the FY 2011/12 Community
Development Department budget and transfer funds from Account No.'s
001-180-0021-5112, 001-180-0021-5174, 001-180-0021-5175, 001-180-
0021- 5181, 001-180-0001-5505, and 001-180-0001-5181 to Account No.
001-180-0021-5506.
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5E. Human Resources
Personnel Actions-Unclassified [Ward(s): All]
Motion: Approve and ratify the unclassified personnel actions, as submitted by the
Director of Human Resources, in accordance with City policies and
procedures.
5F. Police
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
the Assignment of the Agreement for Tow Services with Wilson Towing to Ray Hassan.
[Ward(s): All]
Motion: Adopt Resolution.
5G. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute a Vendor Services Agreement with CelPlan
Technologies, Inc. for the Purchase of a Downtown Camera Protection Zone System with
Additional Cameras for the San Manuel Area Camera Protection Zone [Ward(s): All]
Motion: Adopt Resolution.
5H. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Issuance of a Purchase Order to Ti Training Corporatiaon in the Amount
of$50,600.00 for the Purchase of a Use of Force Training Simulator. [Ward(s): A111
Motion: Adopt Resolution.
5I. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Obligation and Expenditure of the 2012 Allocated JAG (Justice
Assistance Grant) Funds and the Execution of an Interlocal Agreement Between the City
of San Bernardino and the County of San Bernardino [Ward(s): All]
Motion: Adopt Resolution.
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51 Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Purchasing Manager to Issue a Purchase Order to Adamson Police
Products of Los Alamitos, California, for the Purchase of 270 Replacement Patrol
Ballistic Vests in the Amount of$190,171.80. [Ward(s): AU]
Motion: Adopt Resolution.
51C. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Purchasing Manager to Issue a Purchase Order to Proforce Law
Enforcement of Prescott, Arizona, for 29 Replacement Tactical Ballistic Vests in the
Amount of$94,222.22 [Ward(s): All]
Motion: Adopt Resolution.
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5L. Public Works
j Request Mayor and Common Council of the City of San Bernardino to Reject All Bids
for Storm Drain and Street Improvements on Mountain Avenue from 39Th Street to 40Th
Street,Per Plan No. 10265 (SD04-004& SSO4-018). [Ward(s): 41
Motion: Reject all bids.
5M. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
an Agreement with Inland Valley Development Agency (IVDA) for Storm Drain Impact
Fee Prepayment. [Ward(s): All]
Motion: Adopt Resolution.
5N. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing an Increase to Purchase Order 2012-1520 by $11,674.80 to Generator
Services Company, Inc. for Rental of Emergency Generator at the Police Department
Headquarters. [Ward(s): 11
Motion: Adopt Resolution.
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50. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Establishing a 3-Way Stop at the Intersection of Rialto Avenue and Macy Street.
[Ward(s): 31
Motion: Adopt Resolution.
5P. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino Making
Application to the Local Agency Formation Commission to Provide City Sewer Services
to Property Within Unincorporated Territory Located at 2818 N. Macy Street. [Ward(s):
N/A-Surrounded by Ward 61
Motion: Authorize the Acting Director of Public Works to initiate proceedings for
the provision of City sewer services outside of City boundaries for
property located at 2818 N. Macy Street (APN: 0268-041-14); and adopt
the Resolution.
6. COMMITTEE CONSENT
6A. Human Resources
Position Reclassification - Community Development Department. (Recommended for
Approval at the Personnel Committee Meeting of April 12, 2012 - Committee Members
Present: Shorett, Johnson, Marquez) [Ward(s): A111
Motion: Establish one NPDES Inspector UII (Flex) position, Range 1460, $4402 -
$5351/month; approve Job Description for NPDES Inspector I/II (Flex) as
proposed; reclassify one Construction Inspector UII (Flex)position, Range
1460, $4402 - $5351/month, to NPDES Inspector UII (Flex), Range 1460,
$4402 - $5351/month; authorize the Director of Finance to incorporate the
changes into the FY 2011-12 budget; and authorize the Director of Human
Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this
action.
6B. Human Resources
Revisions to Various Job Descriptions. (Recommended for Approval at the Personnel
Committee Meeting of April 26, 2012 - Committee Members Present: Shorett, Marquez,
Johnson) [Ward(s): A111
Motion: Approve the job description for Animal Shelter Attendant, Range 1350,
$2543-$3092/month; approve the job description for Construction/Survey
Manager, Range 2520, $5938-$7218/month; and authorize the Director of
CHuman Resources to update Resolution Nos. 97-244 and 2011-218 to
reflect this action.
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Joint Regular Meeting Agenda May 7, 2012
7. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M.
7A. City Clerk
Appeal Hearing Regarding the Requirement for Kohl's Department Stores to File an
Amended Business Registration Renewal Application Stating the Gross Sales
Attributable to the Internet Fulfillment Center for the Purposes of Calculating the Correct
Business Registration Fee Due to the City; and to Pay All Applicable Fees. [Ward(s): 11
Mayor to open the hearing. . .
Motion 1: Close the hearing; deny the appeal and uphold the decision of the City
Clerk to require that Kohl's Department Stores file an amended Business
Registration Renewal Application stating the gross sales attributable to the
internet fulfillment center for the purposes of calculating the correct
Business Registration fee due to the City; and to pay all applicable fees.
Motion 2: Continue matter to June 18, 2012.
7B. City Mana zer
C Resolution of the Mayor and Common Council of the City of San Bernardino Approving
the 2012-2013 Consolidated Action Plan and Authorizing the City Manager to Execute
Any and All Housing and Urban Development Department (HUD) Contracts or
Documents Per Regulation [Ward(s): All]
Mayor to open the hearing. . .
Motion: Close the hearing; and adopt the Resolution approving the 2012-2013
Consolidated Annual Action Plan.
7C. Community Development
A Public Hearing for Ward Redistricting Within the City of San Bernardino. [Ward(s):
All]
Motion: Continue the public hearing to May 21, 2012, at 4:00 p.m. in the Council
Chambers to approve City Ward Redistricting within the City of San
Bernardino.
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7D. Communitv Development
An Appeal of the Planning Commission Denial of Conditional Use Permit(CUP)No. 12-
03 to Construct a New Wireless Telecommunications Facility Consisting of a 65-Foot
Tall, Camouflaged Monopalm Tower and Associated Equipment Stored Within an
Existing Commercial Building, Located at 1702 N. "D" Street and 420 W. 17Th Street in
the Commercial Office (CO) and the Residential Suburban (RS) Land Use Districts.
[Ward(s): 21
Mayor to open the hearing. . .
Motion 1: Close the hearing; deny Appeal No. 12-02, and uphold the Planning
Commission's denial of CUP No. 12-03, based upon the findings of fact
contained in the Staff Report to the Mayor and Council, as recommended
by the Planning Commission.
OR
Motion 2: Close the hearing; grant Appeal No. 12-02, and grant CUP No. 12-03,
based on the Findings of Fact and subject to the Conditions of Approval
(Attachment C) contained in the Staff Report to the Planning Commission.
7E. Community Development
An Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code
(Development Code) Chapter 19.02.060, Establishment of Land Use Zoning Districts to
Add Transit Overlay District (TD) and Adding Chapter 19.19A to Establish the Transit
Overlay District Pertaining to Development Standards and Design Guidelines. (FIRST
READING) (At the Meeting of February 6, 2012, Item Continued to March 5, 2012; Item
Continued to May 7,2012.) [Ward(s): All]
The hearing was opened on February 6,2012.
Motion 1: Close the hearing; adopt the Addendum to the certified San Bernardino
General Plan Updated and Associated Specific Plans EIR
SCH#20041 1 1 1 32 (Attachment F); approve Development Code
Amendment No. 12-01 based on the Findings of Fact contained in the staff
report; and lay over Ordinance for final adoption.
Motion 2: Continue the matter to June 18,2012.
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7F. Community Development
Ordinance of the City of San Bernardino for Development Code Amendment to Amend
San Bernardino Municipal Code 15.20, 19.20 and 19.62 to Allow Additions to Existing
Buildings Under 2500 Square Feet to be Exempt from Meeting New Development
Standards for the Entire Existing Structure; Allow for Nonconforming Uses to Retain
Their Current Status for 72 Months Rather Than 12 Months; Eliminate the Requirement
for a New Certificate of Occupancy Beyond International Code Requirements and
Automatic Abatement Requirements for Nonconforming Uses (FIRST READING).
[Ward(s): AB]
Mayor to open the hearing. . .
Motion: Close the hearing; approve the Development Code Amendment No. 12-02
based on the findings of fact contained in the staff report; and lay over
Ordinance for final adoption.
7G. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino Ordering
the Vacation of an East-West Alley South of Adell Street, Between "I" Street and the I-
215 Freeway and Reserving Utility Easements Therein. [Ward(s): 11
Mayor to open the hearing. . .
^ Motion: Close the hearing; adopt the Findings of Fact, as set forth in the staff report
(v from the Acting Director of Public Works, as to why the east-west alley
south of Adell Street, between "I" Street and the I-215 Freeway is no
longer necessary for public right-of-way purposes; and adopt the Resolution.
8. CONTINUED ITEMS
8A. City Clerk
Council Minutes (At Meeting of March 19, 2012, Item Continued to April 2, 2012; Item
Continued to May 7, 2012.) [Ward(s): N/A]
Motion: Approve the minutes of the Mayor and Common Council and the Mayor
and Common Council acting as the Successor Agency to the
Redevelopment Agency meetings of March 5, 2012, February 21, 2012,
December 19,2011, and November 21,2011, as submitted.
8B. City Clerk
Council Minutes (At Meeting of April 16, 2012, Item Continued to May 7, 2012.)
[Ward(s): N/A]
Motion: Approve the minutes of the following meetings of the Mayor and
Common Council and Community Development Commission, and the
",
Mayor and Common Council Acting as the Successor Agency to the
C Redevelopment Agency, as submitted: January 9, 2012; February 6, 2012;
and March 19,2012.
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Joint Regular Meeting Agenda May 7, 2012
9. STAFF REPORTS
9A. Council Office
Funding Opportunities for the City of San Bernardino [Ward(s): All]
Motion: Direct the City Manager and City Finance Director to implement the cell
phone site monetization revenue proposal developed by the City's cell
phone site consultant,ATS Communications.
9B. Council Office
Revisit and Explore Parking Meters in the City of San Bernardino [Ward(s): A111
Motion: Direct the City Manager to revisit and explore parking meters in the City
of San Bernardino.
10. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY
10A. Economic Development Agency
G Resolution of the Mayor and Common Council of the City of San Bernardino Serving as
the Successor Agency and Successor Entity to the Redevelopment Agency of the City of
San Bernardino Confirming the Investment of Monies in the Local Agency Investment
Fund and Designating Authorized Signatories for that LAIF Account [Ward(s): N/A1
Motion: Adopt Resolution.
10B. Economic Development Aeencv
Resolution of the Mayor and Common Council of the City of San Bernardino Serving as
the Successor Agency and Successor Entity to the Redevelopment Agency of the City of
San Bernardino Providing the Authorized Signers on Successor Agency Accounts with
Citizens Business Bank [Ward(s): N/A]
Motion: Adopt Resolution.
11. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
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12. ADJOURNMENT
a NOTE: 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 1:30 p.m., Monday, May 21,
2011, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino,California.
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Joint Regular Meeting Agenda May 7, 2012
NOTICE: Any member of the public may address this meeting of the Mayor and Common
Council/Community Development Commission on any item appearing on the agenda by
approaching the microphone in the Council Chambers when the item about which the member
desires to speak is called and by asking to be recognized.
Any member of the public desiring to speak concerning any matter not on the agenda but which
is within the subject matter jurisdiction may address the body at the end of the meeting, during
the period reserved for public comments. A three minute limitation shall apply to each member
of the public, unless such time limit is extended, but the total period of public comments shall
not exceed forty-five(45)minutes.No member of the public shall be permitted to"share"his/her
three minutes with any other member of the public.
The Mayor and Common Council/Community Development Commission may refer any item
raised by the public to staff, or to any commission, board, bureau, or committee for appropriate
action or have the item placed on the next agenda. However, no other action shall be taken nor
discussion held by the Mayor and Common Council/Community Development Commission on
any item which does not appear on the agenda unless the action is otherwise authorized in
accordance with the provisions of subdivision(b) of Section 54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has been
conducted and closed.
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