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Home My WebLink About07-16-2012 Jt. Reg Mtg 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 AGENCY TO THE HOUSING AUTHORITY MONDAY, JULY 16, 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 CUL. ,CIL AIEM0LR,WARD I �'IATUR COO IINCIL MESIBHR,11'ARD 7 Robert D.Jenkins �vRND� Andrea Travis-Miller John Valdivia �Q► James F. Penman Cor'�t: , WARD Fred Shorett ,,, "0 0 Georgeann "Gigi" Hanna COUNCIL MEMBER,WARD" J a � CITY CLERK Chas Kelley David Kennedy r'WWCll.A1T-MP.P.R._WAR 135 •�O'J ��O CITY TREASI RER Rikke Van Johnson NDFD IN l COUNCIL MEMBER,WARD 6 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 2ndfloor of City Hall,300 North &'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 comments for agenda items that are not public hearings will be limited to three minutes. • Public comments for 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 ormuteyourcell phone while the meeting is in session. Joint Regular Meeting Agenda July 16, 2012 CALL TO ORDER 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 10 ❑ ❑ Council Member, Ward 7 Wendy J. McCammack 10 10 10 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): Ford Wholesale v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1109321; Universal Trailers v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1102368. 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. Mayor and Common Cowmil of the City of San Bernardino Page 2 Printed 711212012 Joint Regular Meeting Agenda July 16, 2012 2. APPOINTMENTS 3. PRESENTATIONS 3A. Resolution - Evelyn Alexander, President - Native Sons of the Golden West 125th Anniversary,Arrowhead Parlor#110 - Council Member Shorett 3B. San Bernardino Hometown Heroes Military Banner Program Presentation - Council Member Johnson 3C. Presentation by Southern California Edison (SCE) - Status of Street Lighting in the City of San Bernardino-Interim Public Works Director Smith 31). 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. 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 July 16, 2012. 5B. 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. Mayor and Common Council of the City of San Bernardino Page 3 Printed 711212012 Joint Regular Meeting Agenda July 16, 2012 6. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. 6A. City Clerk 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. (At Meeting of July 2, Item Continued to July 16, 2012.) [Ward(s): All] The hearing was opened o on July IY 2 2012. 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 Resolution. 6B. City Manaeer Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Filing of a Petition Under Chapter 9 of the United States Bankruptcy Code [Ward(s): All] Mayor to open the hearing. . . Motion: Close hearing; and adopt Resolution. 6C. City Manaeer Resolution of the Mayor and Common Council of the City of San Bernardino Declaring a Fiscal Emergency in the City of San Bernardino. [Ward(s): All] Mayor to open the hearing. . . Motion: Close hearing; and adopt Resolution. 6D. Community Development A Public Hearing for Ward Redistricting Within the City of San Bernardino (At Meeting of May 7, 2012, Item Continued to May 21, 2012; Item Continued to June 18, 2012; Item Continued to July 2, 2012; Item Continued to July 16, 2012.) [Ward(s): All] The hearing was opened on May 7,2012. Motion 1: Close the hearing; approve the ward boundaries reflected in Proposal A, as presented; and direct staff to prepare an ordinance implementing the approved ward boundaries to be presented at the July 16, 2012 meeting of the Mayor and Common Council. OR Mayor and Common Council of the City of San Bernardino Page 4 Printed 711212012 Joint Regular Meeting Agenda July 16, 2012 Motion 2: Close the hearing; approve the ward boundaries reflected in Proposal C as presented; and direct staff to prepare an ordinance implementing the approved ward boundaries to be presented at the July 16, 2012 meeting of the Mayor and Common Council. OR Motion 3: Close the hearing; approve the ward boundaries reflected in Proposal E, as presented; and direct staff to prepare an ordinance implementing the approved ward boundaries to be presented at the July 16, 2012 meeting of the Mayor and Common Council. 6E. 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. (FINAL READING) (At the Meeting of February 6, 2012,Item Continued to March 5,2012; Item Continued to May 7, 2012; Item Continued to June 18, 2012; Item Continued to July 2, 2012; Item Laid Over to July 16,2012.) [Ward(s): All] Motion: Adopt Ordinance. 7. CONTINUED ITEMS 7A. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Purchase Order with the Safeway Sign Company for the Purchase of Traffic Signs for Repair, Removal and Replacement of Damaged, Faded and Vandalized Signs and New Installation of Signs Located Throughout the City of San Bernardino. (At Meeting of July 2, Item Continued to July 16, 2012.) [Ward(s): All] Motion: Adopt Resolution. 8. STAFF REPORTS 8A. City Clerk Council Minutes [Ward(s): N/A] Motion: Approve the minutes of the following Council meetings: April 2, 2012; April 3, 2012; and April 19, 2012. Mayor and Common Cowuil of the City of San Bernardino Page 5 Printed 711212012 Joint Regular Meeting Agenda July 16, 2012 8B. City Clerk Council Minutes [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council/Community Development Commission meetings of November 21, 2011,December 19, 2011, January 9, 2012, February 6, 2012 and February 21, 2012, as submitted. 8C. City Manager Authorization to Prepare a Substantial Amendment to the City's 2012-2013 HUD Action Plan to Adjust Allocations to Various Public Service Projects [Ward(s): All] Motion: Approve proposed adjustments to the various public service activities recommended by the Community Development Block Grant (CDBG) Ad Hoc Committee and authorize the preparation of a Substantial Amendment to the City's 2012-2013 HUD Action Plan. 8D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing The City to Establish 2012-13 Expenditures for the Month of August 2012 Only at One-Twelfth of The Expenditure Levels Contained in the City's FY 2011-12 Adopted Budget, or as Needed to Pay the Authorized Costs Incurred for the Month of August 2012 Only Pending Final Approval of The 2012-13 Budget. [Ward(s): All] Motion: Adopt Resolution. 8E. Fire Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Services Agreement Between the City of San Bernardino and Fire Recovery USA and Issuance of a Purchase Order to Fire Recovery USA to Provide Billing Services for the Hazardous Material Spill Incident Program from August 1, 2012 through January 31,2013. [Ward(s): All] Motion: Adopt Resolution. 8F. Parks,Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Deed Restrictions for Tom Minor Park and the Ruben Campos Community Center Located in a Portion of Nunez Park, Relative to Grant Contracts with the State of California Department Parks and Recreation for the Installation of Certain Improvements Thereon. [Ward(s): 1,5,6] Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 711212012 Joint Regular Meeting Agenda July 16, 2012 8G. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying Submittal of a Continuation Grant Application to the Corporation for National and Community Service, and Accepting the Grant Amount of $299,779 to Continue the Administration and Operation of the Senior Companion Program for the Period of July 1, 2012 through June 30,2013. [Ward(s): All] Motion: Adopt Resolution. 8H. Public Works Resolution approving a Construction Cooperative Agreement with San Bernardino County Transportation Authority Required to Construct a Grade Separation at Palm Avenue and Burlington Northern Santa Fe Railway (BNSF). [Ward(s): 6] Motion: Adopt Resolution. 8I. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement with the California Department of Transportation (Caltrans) for Sharing Cost of State Highway Electrical Facilities. [Ward(s): All] Motion: Adopt Resolution. 8J. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of a Purchase Order in the Amount of$91,600 to Vulcan Materials Company for the Purchase of Asphalt Materials for Street Repairs. [Ward(s): All] Motion: Adopt Resolution. 8K Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying Submittal of the FYI 2-13 Oil Payment Program Funds Application and Accepting Funds from the Department of Resources Recycling and Recovery (CalRecycle). [Ward(s): All] Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 711212012 Joint Regular Meeting Agenda July 16, 2012 8L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Terminating the Lease between the City of San Bernardino and Easter Seals Southern California, Inc., for City-Owned Property located at 241 E. 9th Street, San Bernardino, CA. [Ward(s): 1] Motion: Adopt Resolution; and authorize the Director of Public Works to proceed with the sale of City property located at 241 E. 9s' Street, and also known as Assessor's Parcel Numbers 0140-241-45 & 54. 9. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE HOUSING AUTHORITY 9A. Economic Development Agency Reconveyance of Expired Affordability Covenant [Ward(s): 5] Motion: Approve and authorize the Housing Director to execute the termination and full reconveyance of the affordable housing regulatory agreement and covenants for 1470 Creekside Drive, San Bernardino. 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, August 6, 2012, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Mayor and Common Cow'cil of the City oJSan Bernardino Page 8 Printed 711212012 Joint Regular Meeting Agenda July 16, 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. 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 gfSan Bernardino Page 9 Printed 711212012