The URL can be used to link to this page

Home My WebLink About12-03-2012 Jt. Regular CITY OF SAN : ERNARDINO 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, DECEMBER 3, 2012 1:30 PM—CLOSED SESSION 3:00 PM—OPEN SESSION COUNCIL CHAMBERS • 300 NORTH"D" STREET • SAN I:.ERNARDINO,CA 92418 • WWW.SBCITY.ORG Virginia Marquez Patrick J. Morris Wendy J. McCammack ( �'_I Ell ••, \\-\•) } } t)'i<, )L" (• Ei ,tii'∎I'.I , } 1 u 1 Robert D.Jenkins �g,�A�� Andrea Travis Miller ti ";,(�.i �r�l�llu � �1t`1"L� , (. 5 1:,''ti 1(.i;R_ John Valdivia James F. Penman Fred Shorett w 0 Georgeann "Gigi" Hanna • 1004 " Chas Kelley Ci) - `; .21 David Kennedy Toporrb• nom•()I c•_7.•i[ i 4 .I _"_ `_l� ,� 1, 'a. t ok• C,i'r I P k. Rikke Van Johnson w - �'bEDI1 0)! `.cri. .NI[..:\ Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o 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 requests for reasonable accommodation to include interpreters. o 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 by going to http://www.sbcity.org. o 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 staff seated on the north side of the Council chambers. o Public comments for agenda items that are not public hearings will be limited to three minutes. o Public comments for items that are not on the agenda will be limited to 3 minutes. o All who wish to speak, including Council members and staff need to be recognized by the Mayor or Mayor Pro Tempore before speaking. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda December 3, 2012 CALL TO ORDER Attendee Name Present Absent Late Arrived Mayor Patrick J. Morris ❑0 0 Council Member, Ward 1 Virginia Marquez Council Member, Ward 2 Robert D. Jenkins ❑ 0 0 Council Member, Ward 3 John Valdivia ❑ 0 0 Council Member, Ward 4 Fred Shorett ❑ ❑ 0 Council Member, Ward 5 Chas A. Kelley 0 ❑ 0 Council Member,Ward 6 Rikke Van Johnson Council Member, Ward 7 Wendy J. McCammack ❑ ❑ 0 City Attorney James F. Penman City Clerk Georgeann "Gigi" Hanna 0 ❑ 0 City Manager Andrea Travis-Miller 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 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, Glen Aire Mobilehome Park Corp., et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 111410. 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: United States Department of Housing and Urban Development v. City of San Bernardino Mayor and Common Council of the City of San Bernardino Page 2 Printed 11/29/2012 Agenda December 3, 2012 A Joint Regular Meeting g C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. Ali Yasin, Allad Investments; City of San Bernardino v. Singkamas Co., LLC; City of San Bernardino v. Wesley Bean; City of San Bernardino v. Arlan Bolden; City of San Bernardino v. Noelyn &Marvin Prado; City of San Bernardino v. Peter Berrocal as Trustee of the 854 W. 40`h Place Trust. 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 2A. Mayor's Office Appointment of Judith Valles to the Board of Water Commissioners - Mayor Patrick J. Morris [Ward(s): ] Motion: Approve the appointment of Judith Valles to the Board of Water Commissioners as requested by Mayor Patrick J. Morris. 3. PRESENTATIONS 3A. Chamber of Commerce Announcements 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. Mayor and Common Council of the City of San Bernardino Page 3 Printed 11/29/2012 Joint Regular Meeting Agenda December 3, 2012 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 December 3, 2012. 6. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. 6A. Community Development An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Development Code Section 19.20.030(8)(C)(1), to Allow 16- Foot Tall Fences and Walls in the Industrial Land Use Districts (FIRST READING) [Ward(s): All] Mayor to open the hearing. . . Motion 1: Close the hearing; and deny the request. OR Motion 2: Close the hearing; approve the proposed Development Code Amendment; and lay over Ordinance for final adoption. 6B. Community Development Ordinance of the City of San Bernardino Amending Title 19 of the San Bernardino Municipal Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino Development Code, to Bring the Development Code into Compliance with Certain State Laws and Amend Development and Administration Processes Standards Within the Development Code. (FIRST READING) [Ward(s): All] Mayor to open the hearing. . . Motion: Close the hearing; and lay over Ordinance for final adoption. 6C. Community Development Ordinance of the City of San Bernardino Amending Title 19 of the San Bernardino Municipal Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino Development Code, to Revise the Standards Contained Within Chapter 19.70, Temporary Use Permits. (FIRST READING) [Ward(s): All] Mayor to open the hearing. . . Motion: Close the hearing; and lay over Ordinance for final adoption. Mayor and Common Council of the City of San Bernardino Page 4 Printed 11/29/2012 Joint Regular Meeting Agenda December 3, 2012 6D. Community Development Resolution of the City of San Bernardino to Amend the San Bernardino General Plan Circulation Element to Close a 225-Foot Long Portion of 3Rd Street Between "J" Street and the Railroad Right-Of-Way to the East, Close a 160-Foot Long Segment of I Street Between Rialto Avenue and the Railroad Right-Of-Way to the South to Facilitate the Construction of the Downtown San Bernardino Passenger Rail Project, and to Add Text to Acknowledge the Future Passenger Rail Service by SANBAG. [Ward(s): All] Mayor to open the hearing. . . Motion: Close the hearing; and adopt the Resolution. 7. STAFF REPORTS 7A. City Clerk Approval of Local Appointments List Per Maddy Act [Ward(s): All] Motion: Approve the Local Appointments List of all regular and ongoing boards, commissions, and committees and direct the City Clerk to send a copy of the List to the Feldheym Library for posting pursuant to Government Code Section 54973. 7B. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency Amending Resolution No. 2010-395, Appendix A, Regarding the City's Conflict of Interest Code [Ward(s): All] Motion: Adopt the Resolution. 7C. 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. 7D. Council Office San Bernardino Hometown Heroes Military Banner Program [Ward(s): All] Motion: To ratify the action taken by the Military Banner Ad Hoc Committee to update the criteria based on current requests. Mayor and Common Council of the City of San Bernardino Page 5 Printed 11/29/2012 Agenda December 3, 2012 A Joint Regular Meeting g 7E. Human Resources Direct the City Manager to Issue a Request for Proposal for Workers' Compensation Third Party Administration Services [Ward(s): All] Motion: Direct the City Manager to issue a Request for Proposal for Workers' Compensation third party administration services forthwith including the approval of the implementation of the timeline discussed in the attached Request for Proposal. 7F. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of the First Amendment to the Consultant Services Agreement Between the Law Office of Linda L. Daube and the City of San Bernardino for Labor Negotiator Services. [Ward(s): All] Motion: Adopt the Resolution. 7G. Public Works Authorization to Increase Integrated Waste Division Rates by the Annual Cost Index, as Described in Section 20 of Resolution 2008-433. [Ward(s): All] Motion 1: Receive and File Annual Automatic Rate Increase in Integrated Waste Division Rates based on the Annual Cost Index, as Described in Section 20 of Resolution 2008-433. OR Motion 2: Suspend Annual Automatic Rate Increase in Integrated Waste Division Rates based on the Annual Cost Index, as Described in Section 20 of Resolution 2008-433. 7H. Public Works Direct Staff to Prepare Amendments to Existing Agreements with Burrtec and Republic for Waste, Recyclables and Greenwaste Processing [Ward(s): All] Motion 1: Direct staff to prepare amendments to existing agreements with Burrtec and Republic for a five-year term, with a single five-year extension option for waste, recyclables and greenwaste processing for the Mayor and Common Council's approval; OR Motion 2: Direct staff to prepare amendments to existing agreements with Burrtec and Republic for a ten-year term, with five one-year extension options for waste, recyclables and greenwaste processing for the Mayor and Common Council's approval. Mayor and Common Council of the City of San Bernardino Page 6 Printed 11/29/2012 Agenda December 3, 2012 A Joint Regular Meeting g 7I. Public Works Resolution of the City of San Bernardino Rescinding Resolution No. 2012-192 Approving Agreement for Professional Engineering Services with Willdan for Design of the Widening of Fortieth Street from Johnson Street to Electric Avenue (SSO4-014). [Ward(s): 4] Motion: Adopt the Resolution. 7J. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Approval of Change Order No. 1 to Lighting Technology Services, Inc., for Energy Efficiency Lighting Upgrades at City Hall, Norman Feldheym Central Library, and Central Police Station in the Amount of$20,524.40. [Ward(s): 1] Motion: Adopt the Resolution. 7K. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Mayor to Execute an Agreement Relative to the Selling Price of Tax- Defaulted Property Generally Located on 21St Street, East of Macy Street, in the City of San Bernardino, Proposed to be Purchased from the County of San Bernardino Tax Collector by the San Bernardino County Flood Control District. [Ward(s): 6] Motion: Adopt the Resolution. 7L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Initiating a Request for Proposals for the Design and Engineering of Storm Drain Improvements in the Area South of the San Manuel Band of Mission Indians Reservation. [Ward(s): 4] Motion: Adopt the Resolution. 8. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 9. 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, December 17, 2012, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Mayor and Common Council of the City of San Bernardino Page Printed 11/29/2012 Joint Regular Meeting Agenda December 3, 2012 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 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 8 Printed 11/29/2012