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HomeMy WebLinkAbout09-17-2012 Jt. Reg Mtg C IT CITY OF SAN BERNARDINO c AGENDA FOR THE JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL THE FOF ITY OF SAN BERNARDINO, MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,AND MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MONDAY, SEPTEMBER 17, 2012 1:30 PM—CLOSED SESSION 3:00 PM—OPEN SESSION COUNCIL CHAMBER • 300 NORTH "D"STREET • SAN BERNARDINO,CA 92418 • WWW.SBCTTY.ORG Virginia Marquez Patrick J. Morris Wendy J. McCammack COUNCIL MEMBER,WARD I COUNCIL MEMBER,WARD 7 Robert D.Jenkins ARDI� Andrea Travis-Miller ,1 ',,'IL MEMBER,WARD 2 V +C John Valdivia James F. Penman S� �9 C'Oi'NCIL MEMBER.IV ti Fred Shorett Georgeann "Gigi" Hanna CIl'Y CLERA Chas Kelley V ~4 David Kennedy Rikke Van Johnson D I� 1 JOl�'CILMEMBER, WARD 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(384-5002)two working days prior to the meeting for any requestsfor reasonable accommodation to include interpreters • All documents for public review are on file with the City Clerk's Office located on the 2ndfloor 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 speakerslip.Speaker slips should be turned in to staffseated on the north side of the Council chambers. • Public commentsfor 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. • Please turn off or muteyour cell phone while the meeting is in session. a Joint Regular Meeting Agenda September 17 2012 CALL TO ORDER bseat Late Council Member, Ward 1 Virginia Marquez t ❑ Council Member, Ward 2 Robert D. Jenkins 10 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): Glen Air Mobile Home Park, et al v. City of San Bernardino, Superior Court San Bernardino County, Case No. CIVDS 1114110; In re: City of San Bernardino, California, US 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: One (1) Case 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: Mayor and Common Council of the City of San Bernardino Page 2 Printed 911311012 Joint Regular Meeting Agenda September 17 2012 2. APPOINTMENTS 3. PRESENTATIONS 3A. Certificates of Recognition -- United BJJ MMA Fitness Club - Master Rommel Dunbar and Students - 5th Annual Worlds Brazilian An Jitsu Tournament - Council Member Valdivia 4. ANNOUNCEMENTS 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 joint regular agenda dated September 17, 2012. 5B. City Attorney Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Section 3.05.050 to the San Bernardino Municipal Code Regarding Transferring Restricted Funds Without Mayor and Common Council Approval. (FINAL READING) (Recommended for Approval at the Legislative Review Committee Meeting of August 21, 2012 - Committee Members Present: Jenkins, Kelley, Valdivia.) (Laid Over from September 4, 2012) [Ward(s): AII] Motion: Adopt the Ordinance. 5C. Community Development An Ordinance of the Mayor and Common Council of the City of San Bemardino Amending San Bernardino Development Code Section 19.20.030 to Allow the Use of Barbed Wire, Razor Wire and Concertina Wire as Approved Fencing Material. (FINAL READING)(Laid Over from September 4, 2012) [Ward(s): All] Motion: Adopt the Ordinance. Mayor and Common Council of the City of San Bernardino Page 3 Printed 911312012 Joint Regular Meeting Agenda September 17, 2012 SD. Finance Approval of Commercial Checks and Payroll Checks ]Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 6. PUBLIC HEARINGS 6A. Community Development A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment No. 11-05 to Amend the Land Use District of Approximately 10.23 Acres from Residential Urban (RU) to Industrial Heavy (IH), and Approving Conditional Use Permit No. 11-16 to Establish an Auto Dismantling and Salvage Yard with Retail Parts Sales on 10.23 Acres Located at the South Side of Walnut Street Opposite of Artesian Avenue. (At Meeting of August 20, 2012, Item Continued to September 17,2012) [Ward(s): 31 The hearing remains open. Motion: Close the hearing; and adopt Resolution to: Adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program (Exhibit C), and approve General Plan Amendment No. I1-05 and Conditional Use Permit No. I 1-16, based on the Findings of Fact contained in the Planning Commission Staff Report dated July 25, 2012 (Attachment 2) and subject to the amended Conditions of Approval (Exhibit B). 7. CONTINUED ITEMS 7A. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Lease Agreement and Authorizing the Issuance of a Purchase Order to Chase Financial Services for a Four Year Parking Lot Lease and Utility Payments Not to Exceed $40,000 with an Optional Annual Renewal. (At Meeting of September 4, 2012, Item Continued to September 17, 2012.) [Ward(s): AIII Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 911312012 Joint Regular Meeting Agenda September 17 2012 8. Staff Reports 8A. City Attorney Discussion and Possible Action Re: Request for Proposals for Franchising of All Components of the City's Solid Waste Services, and Authorization to Retain Sloan Vazquez, LLC for Consulting Services Related to Selection of Private Refuse Companies [Ward(s): All] Motion 1: Direct the City Manager to Issue "Request for Proposals for Solid Waste Collection, Receiving, Processing, Transfer and Disposal Services" Forthwith Including the Approval and Implementation of the Timeline Discussed in the Staff Report; and Motion 2: Authorize the City Manager to Execute a Vendor Services Agreement, to be Drafted by the City Manager and City Attorney and Subject to the Approval of the City Attorney, with Sloan Vazquez, LLC, Waste Management& Recycling Advisors, to Provide Consulting Services in the Selection of Refuse Companies to Franchise all Components of the City of San Bernardino's Refuse Collection and Disposal Services, Said Agreement shall not Exceed $50,000.00 without the Approval of the Mayor and Common Council. 8B. Council Office Nine Point Adjustment Plan to the Pre-Pendency Plan [Ward(s): All] Motion: Clarify and Amend the Previously Approved 9-Point Adjustment Plan to the Pre-Pendency Plan. 8C. Finance Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to Consultant Services Agreement Between Urban Futures Incorporated and the City of San Bernardino for Consultant Services. [Ward(s): All] Motion: Adopt the Resolution. 8D. Fire Review, Discuss, and Provide Direction on the Fire Department's Proposed Pre-Pendency Plan Related to the City's Proposed FY 2012/2013 Budget. [Ward(s): All] Motion: Review, discuss, and provide direction on the Fire Department's Pre- Pendency Plan related to the City's proposed FY 2012/2013 Budget. Mayor and Common Council of the City of San Bernardino Page 5 Printed 9//32012 i Joint Regular Meeting Agenda September 17 2012 8E. Human Resources Personnel Actions-Unclassified [Ward(s): Ail] Motion: Approve the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City policies and procedures. 8F. Public Works Discussion on City RFP and Waste Delivery Extension. [Ward(s): All] Motion: Authorize Staff to Extend and Expand Upon Existing Recycling Agreements with Local Vendors on a Month-to-Month Basis and Authorize the City Manager to Give Notice to the County of San Bernardino of the City's Intention Not to Extend the Waste Delivery Agreement(WDA). 8G. Public Works Resolution of the City of San Bernardino Approving a Joint Use Agreement with the Southern California Edison Company for the Relocation of Company Facilities in Connection with the Construction of the Hunts Lane Grade Separation at the Union Pacific Railroad(SS04-051). [Ward(s): 31 Motion: Adopt the Resolution. 9. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 9A. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency of the San Bernardino Redevelopment Agency Approving Amendment No.2 to the Employment Agreement with Barbara Lindseth. [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 91132012 Joint Regular Meeting Agenda September 17, 2012 10. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 11. ADJOURNMENT 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, October 1, 2012, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. NOTICE: Any member of the public may address this meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 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 to the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency of the city OF San Bernardino and the Mayor and Common Council Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency, may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed forty-five (45) minutes, unless such time limit is extended by the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by 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. Speakers who wish to present documents to the governing body may hand the documents to the staff member responsible for collecting speaker request slips at the time the request to speak is made. The Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 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 of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 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. Mayor and Common Council of the City of San Bernardino Page 7 Printed 91132012