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Home My WebLink About02-03-2014 Jt. Reg Mtg Agenda CITY CLERK CITY OF SALT 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, FEBRUARY 3, 2014 2:00 PM—CLOSED SESSION 4:00 PM—OPEN SESSION COUNCIL CH[AMB]ER • 300]NORTH]"D"STREET • BAN BERNARDINO,CA 92418 • WWW.sBCITY.ORG Virginia Marquez Patrick J. Morris James L. Mulvihill l OLTNCIL VIEIIBER,WARD COI"NC'IL AME IBER,WARD 7 Robert D Jenkins Allen J. Parker COUNCIL AIENIBER, WARD John Valdivia Gary D. Saenz 4 � C 0 UN CIL IIE,IQBER,WARD 3 Fred Shorett r0y Georgeann "Gigi" Hanna COUNCIL 12r�TP,ER WARD 4 � 4• j, /V Vacant ,� David Kennedy COUNCIL IL:IENIBER,WARD`,' O Rikke Johnson I� C Oli-NCIL MEMBER, VV'ARD 6 D 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 T"Street,San Bernardino or may be accessed online by going to http-llwww.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 Chamber. • 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 three 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 mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda February 3, 2014 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 VACANT ❑ ❑ ❑ Council Member, Ward 6 Rikke Johnson ❑ ❑ ❑ Council Member, Ward 7 James Mulvihill ❑ ❑ ❑ City Clerk Georgeann "Gigi" Hanna ❑ ❑ ❑ City Manager Allen J. Parker ❑ ❑ ❑ City Attorney Gary D. Saenz ❑ ❑ ❑ 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 Mil. Allison Mechanical v. San Bernardino Economic Development Corporation - San Bernardino County Superior Court, Case No. CIVDS1211891; Aspen Builders, Inc. v. Regal Cinemas, Inc.; San Bernardino Economic Development Corporation - San Bernardino County Superior Court, Case No. CIVDS1210338; Los Angeles Engineering, Inc. v. San Bernardino Economic Development Corporation -San Bernardino County Superior Court, Case No. CIVDS1210197; Braughton Construction, Inc. v. San Bernardino Stampede, Inc.; San Bernardino Economic Development Corporation - San Bernardino County Superior Court, Case No. CIVDS1210289; Katharina Lambert v. City of San Bernardino, a municipality; Chief of Police Robert Handy, an individual; Officer J. Castro, an individual; Officer S. Aranda, an individual; Officer J. Echevarria, an individual; and Does 1 through 50 inclusive - United States District Court, Case No. EDCV 14-00123 VAP (DBTx). Mayor and Common Council of the City of San Bernardino Page 2 Printed 113012014 Joint Regular Meeting Agenda February 3, 2014 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: City of San Bernardino v. Department of Finance City of San Bernardino v. State Controller's Office 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 Edward G. Woolbert to the Bureau of Franchises - Council Member Jim Mulvihill(#2912) [Ward(s): 71 Motion: Approve the appointment of Edward G. Woolbert to the Bureau of Franchises as requested by Council Member Jim Mulvihill. 2B. Mayor's Office Appointment of Edward G. Woolbert to the Board of Building Commissioners - Council Member Jim Mulvihill (#2913) [Ward(s): 71 Motion: Approve the appointment of Edward G. Woolbert to the Board of Building Commissioners as requested by Council Member Jim Mulvihill. 2C. Mayor's Office Appointment of Robert Vincent to the Community Development Citizen Advisory Committee- Council Member Jim Mulvihill (#2920) [Ward(s): 71 Motion: Approve the appointment of Robert Vincent to the Community Development Citizen Advisory Committee as requested by Council Member Jim Mulvihill. Mayor and Common Council of the City of San Bernardino Page 3 Printed 113012014 Joint Regular Meeting Agenda February 3, 2014 3. PRESENTATIONS 3A. Commendations--2nd Ward Commissioners -- Council Member Jenkins 3B. Citizens of the Month -- Community Ho Ho Parade Committee -- Council Member Jenkins 3C. Black Voice Foundation --Black History Month -- Council Member Johnson 3D. Recognition -- Musician William Zeitler-- Mayor Morris 3E. The Incredible Edible Community Garden -- Mary Petit 3F. Parks and Recreation Commission Update -- Commissioner/Chairwoman Deborah Sterner Matley 4. ANNOUNCEMENTS --ELECTED OFFICIALS & CHAMBER OF COMMERCE 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 (#2896) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated February 3, 2014. 5B. City Clerk Council Minutes --January 6, 2014; and January 21, 2014 (#2894) [Ward(s): All] Motion: Approve the Minutes of the Mayor and Common Council Meetings of January 6, 2014; and January 21, 2014. 5C. Finance Approval of Check Warrants and Payroll Checks (#2910) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. Mayor and Common Council of the City of San Bernardino Page 4 Printed 113012014 Joint Regular Meeting Agenda February 3, 2014 51). Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Directing the Parks, Recreation and Community Services Department Director to Begin the Process of Collaborating with the Incredible Edible Community Garden Organization in Developing a Community Fruit Park and a Community Garden at Nicholson Community Center. (#2883) [Ward(s): 61 Motion: Adopt the Resolution. 5E. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Budget Transfers of $16,700 Within the Animal Control Fund and the Appropriation of$18,800 from the Animal Control, Shelter Donation Trust Account and Increasing the Purchase Orders Issued to General Dog & Cat Hospital to $66,000 and Animal Emergency Clinic to $25,000. (#2870) [Ward(s): All] Motion: Adopt the Resolution. 5F. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Service Agreement and Authorization to Order (ATO)with Verizon, Inc., for a Wireless Network Connection. (#2902) [Ward(s): All] Motion: Adopt the Resolution. 5G. Public Works A Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Vendor Purchase Agreement Between the City of San Bernardino and Los Angeles Freightliner of Fontana to Increase the Annual Purchase Order Number 2014-00000191 in the Amount of $55,000 to an Amount Not to Exceed $110,000. (#2892) [Ward(s): All] Motion: Adopt the Resolution. 5H. Public Works 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 in an Amount Not to Exceed $50,000 through the Remainder of Fiscal Year 2013/2014 with Three Single Year Renewals of an Amount Not to Exceed $100,000 at the City's Option to Maned Sign Co., Inc. for the Purchase of Traffic Signs and Materials (#2876) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 113012014 Joint Regular Meeting Agenda February 3, 2014 5I. Treasurer's Office Treasurer's Office Portfolio Report for the Month of December 2013 (#2915) [Ward(s): All] Motion: Receive and file. 6. PUBLIC HEARINGS TO BE HEARD AT 5:30 P.M. 6A. Community Development A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment No. 13-06 to Adopt and Implement the City of San Bernardino General Plan 2014-2021 Housing Element(Chapter 3) and Approve Amendments to Add Appendix 16 (An Appendix to the General Plan Land Use Element - Chapter 2) to Comply with Senate Bill 244. (#2901) [Ward(s): All] Mayor to open the hearing. . . Motion: Close the hearing; adopt the Resolution to Approve the Negative Declaration and Approve General Plan Amendment No. 13-06. 6B. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment 13-02 to Amend the Land Use Designation of Approximately 10,600 Square Feet from Residential to Commercial and Approving Conditional Use Permit 13-14 to Establish a Gas Station with a Convenience Store with an ABC Type 20 License (Off-Sale, Beer and Wine), Located at the Southeast Corner of Medical Center Drive and Baseline Street; and Ordinance of the City of San Bernardino Approving Zoning Map Amendment 13-03, to Change the Zoning Designation of Parcels 0129-051-10 and 15 from Residential Suburban (RS) to Commercial General (CG-1). (FIRST READING) (#2904) [Ward(s): 6] Mayor to open the hearing. . . Motion 1: Reconsider the November 18, 2013 denial of General Plan Amendment (GPA) 13-02, Zoning Map Amendment (ZMA) 13-03, and Conditional Use Permit(CUP) 13-14. Motion 2: Close the hearing; lay over Ordinance for final adoption; and adopt the Resolution to approve General Plan Amendment 13-02 and Conditional Use Permit 13-14 with the ABC Type 20 License (Off-sale Beer & Wine) based on the Findings of Fact contained in the Staff Report to the Mayor and Council and subject to the amended Conditions of Approval (Exhibit B). Mayor and Common Council of the City of San Bernardino Page 6 Printed 113012014 Joint Regular Meeting Agenda February 3, 2014 7. STAFF REPORTS 7A. Community Development Yasin's Arco - 2696 West Foothill Boulevard - CUP 13-25 (42914) [Ward(s): 61 Motion: Discuss and take possible action. 7B. Council Office 2014 League of California Cities New Mayors and Council Members Academy Conference Update (#2916) [Ward(s): All] Motion: Receive and File. 8. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 8A. Executive Director Resolution of the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving Recognized Obligation Payment Schedule 13-14B for the Period of January through June 2014 and Approving Certain Related Actions. (#2889) [Ward(s): All] Motion: Adopt the Resolution. 9. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 10. ADJOURNMENT Motion: Adjourn the meeting to 2 p.m., Monday, February 10, 2014, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California, for a budget workshop. 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 2:00 p.m., Tuesday, February 18, 2014 in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. Mayor and Common Council of the City of San Bernardino Page 7 Printed 113012014 Joint Regular Meeting Agenda February 3, 2014 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 Chamber 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 sixty (60) 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 113012014