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Home My WebLink About12-17-2012 Jt. Reg Mtg CITY OF SALT BERNARDINO AGENDA FORTHE 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 17, 2012 1:30 PM—CLOSED SESSION 3:00 PM—OPEN SESSION ffCOUNCIL AMBER • 300 NORTH"D" STREET • SAN BERNARDINO, CA 92418 • WWW.SBCITY.ORG quez Patrick J. Morris Wendy J. McCammack -F.R,WARD 1 Robert D.Jenkins RNARDj Andrea Travis-Miller COTIP<`-CIL MEMBER,WARD 2 �� +�O ACTING CTTYATANAGER John Valdivia Q� James F. Penman COUNCIL MEMBER,WARD 3 CITY ATTORNEY Fred Shorett Georgeann "Gigi" Hanna COUNCIL MEMBER,WARD 4 A ." 7. CITY CLERK Chas Kelley V r�~ David Kennedy COUNCIL MEMBER,WARD 5 O CITY TREASURER Rikke Van Johnson COUNCIL MEMBER,WARD b 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 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 staff seated 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. R • A ' Y. Joint Regular Meeting Agenda December 17, 2012 Call to Order Mayor Patrick J. Morris ❑ ❑ ❑ 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 ❑ ❑ ❑ City Attorney James F. Penman ❑ ❑ ❑ City Clerk Georgeann "Gigi"Hanna ❑ ❑ ❑ City Manager Andrea Travis-Miller 1 ❑ ❑ ❑ 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- mi.. 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: State of California, Department of Finance Letter, December 2012 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. i Mayor and Common Council ofthe City of San Bernardino Page 2 Printed 1211312012 Joint Regular Meeting Agenda December 17, 2012 F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. Police Safety Police Management Fire Safety Fire Management Mid-Management General Management/Confidential G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2. APPOINTMENTS 3. PRESENTATIONS 3A. Student of the Month --Council Member Jenkins 3B. Resolution -- Former 43rd District Congressman Joe Baca — Council Member Kelley 3C. San Bernardino Police Department Annual Awards Ceremony 3D. Chamber of Commerce Announcements 4. ANNOUNCEMENTS 5. CONSENT CALENDAR 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 17, 2012. 5B. 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 (FINAL READING) [Ward(s): All] Motion: Adopt the Ordinance. Mayor and Common Council ofthe City of San Bernardino Page 3 Printed 1211312012 Joint Regular Meeting Agenda December 17, 2012 5C. 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. (FINAL READING) [Ward(s): All] Motion: Adopt the Ordinance. 5D. 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. (FINAL READING) [Ward(s): All] Motion: Adopt the Ordinance. 6. PUBLIC HEARINGS 6A. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Final Map for Tract Map No. 17703-1, Located on the South Side of Northpark Boulevard Between University Parkway and Ash Street in the CG-2, Commercial General Land Use District, Accepting the Public Dedications as Set Forth on Said Map; and Authorizing the Execution of the Standard Form of Agreement for the Improvements in Said Subdivision, with Time for Performance Specified. [Ward(s): 5] Mayor to open the hearing. . . Motion: Close the hearing; and adopt the Resolution. 7. CONTINUED ITEMS 7A. 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. Mayor and Common Cowicil of the City of San Bernardino Page 4 Printed 1211312012 Joint Regular Meeting Agenda December 17, 2012 7B. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Local Appointments List and Designating the Norman F. Feldheym Central Branch of the San Bernardino Public Library as the Public Library to Receive a Copy of the Local Appointments List(The Maddy Act). [Ward(s): All] Motion: Adopt the Resolution. 7C. 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. 7D. Public Works Set Public Hearing on February 18, 2013 Regarding Amending Rate Resolution 2008- 433 to Implement CPI [Ward(s): All] Motion 1: Set Public Hearing on February 18, 2013 to Amend Resolution 2008433 to Implement CPI Increases from 2008 to present. 8. STAFF REPORTS 8A. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Memorandum of Understanding Between the City of San Bernardino and the Martin Luther King Statue Restoration Committee Granting the Committee Authority to Raise Funds and Oversee the Restoration of the Memorial Statue of Dr. Martin Luther King Jr. Located in Front of City Hall. [Ward(s): All] Motion: Adopt the Resolution. 8B. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement with Chadwick J. Bradbury for Collection Services. [Ward(s): All] Motion: Adopt the Resolution. 8C. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Revised Community Development Block Grant (CDBG) Public Service Application for 2013-2014. [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 1211312012 Joint Regular Meeting Agenda December 17, 2012 8D. City Mana¢er Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Implementation of the Public Employees' Pension Reform Act of 2013 (PEPRA) and Related Public Employees' Retirement Law (PERL) Amendments Which Shall Become Applicable and Effective January 1, 2013. [Ward(s): All] Motion: Adopt the Resolution. 8E. 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. 8F. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Directing the Community Development Director to Issue "Request for Proposals for Asbestos Services for Various Locations" [Ward(s): All] Motion: Adopt the Resolution. 8G. Council Office 2012 National League of Cities (NLC) Congress of Cities and Exposition in Boston, Massachusetts [Ward(s): 1 Motion: Receive and file. 8H. Police 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 for Three Years with Three One-Year Renewal Options to Platinum Security, Inc., for Security Guard Services at the Feldheym Library and the San Bernardino Metrolink Station. [Ward(s): 11 Motion: Adopt the Resolution; and authorize the Director of Finance to amend the proposed FY 2012/13 Public Works Department budget by transferring part-time security guard salaries of$95,000.00 in Account No. 001-400- 0037-5505 to the Police Department Downtown Security Contractual Services program budget,Account No. 001-210-0033-5502. Mayor and Common Council of the City of San Bernardino Page 6 Printed 1211312011 Joint Regular Meeting Agenda December 17, 2012 81. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Amendment to the Fiscal Year 2011/12 Adopted Budget for the Engineering, Construction and Management of the Rancho Avenue Pavement Project, City Project No. 7381 (SS04-048); the Windsor Drive Pavement Project, City Project Nos. 7908 and 7905 (SS 11-012 and SS11-015); the 21St Street Project, City Project No. 7933 (SS12-006); and the Perris Hill Park Road Project, City Project No. 5504 (SS12- 009). [Ward(s): 2 &3] Motion: Adopt the Resolution. 8J. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Grant of Easement to Southern California Edison Company Across a Portion of City-Owned Property Generally Located on the North Side of Base Line Street,East of Meridian Avenue. [Ward(s): 61 Motion: Adopt the Resolution. 8K Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement for Municipal Waste Hauling to Burrtec Waste Industries, Inc. Pursuant to San Bernardino Municipal Code Section 3.04.010(B)(3) and Ratifying Any Actions Taken in Relation to Said Agreement Prior to the Adoption of This Resolution. [Ward(s): All] Motion: Adopt the Resolution. 8L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement for Municipal Waste Hauling to Republic Services of Southern California, LLC, Pursuant to Municipal Code Section 3.04.010(B)(3) and Ratifying Any Actions Taken in Relation to Said Agreement Prior to the Adoption of This Resolution. [Ward(s): All] Motion: Adopt the Resolution. 8M. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to All American Asphalt, Corona, California, for Pavement Rehabilitation on Four City Streets: Rancho Avenue, from Rialto Avenue to Foothill Boulevard, Plan No. 12482 (SS04-048); Windsor Drive, from Baseline Street to Gilbert Street, Plan No.12803 (SSI1-012 & SS11-015); 21st Street, from Valencia Avenue to Perris Hill Park Road, Plan No. 12818 (SS12-006); and Perris Hill Park Road, from 21st Street to Pacific Street, Plan No. 12824 (SS12-009). [Ward(s): 2 &31 Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 1211312012 Joint Regular Meeting Agenda December 17, 2012 9. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 9A. City Manaeer A Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Housing Successor Agency to the Redevelopment Agency of the City of San Bernardino Determining Certain Loan Agreements, Promissory Notes, Deed of Trust(S)And/Or Covenants Relating to Certain Real Property Are Housing Assets and Authorizing the Transfer of Said Housing Assets from the Former Redevelopment Agency to the City in Its Capacity as Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino. [Ward(s): All] Motion: Adopt the Resolution. 10. PUBLIC COMMENT 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, January 7, 2013, in the Council Chambers 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 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 Mayor and Common Council of the City of San Bernardino Page 8 Printed 1211312012 Joint Regular Meeting Agenda December 17, 2012 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 Comicil of the City of San Bernardino Page 9 Printed 1211312012