The URL can be used to link to this page

Home My WebLink About08-18-2014 Jt. Reg Mtg Agenda CITY CLERK CITY OF SAN BERNARDINO AGENDA OR THE JOINT REGULAR MEETING OF THE MA•i/OR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CONIMON 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 ,I Y' 4GENCY TO THE REDE11 ELOPMENTAG E NCY. AN D MA�OP AN D CC!N/l MO N CO;JNC I L^T:74-4 P C IT SAN f3E.RNARDImo ACTING AS THE HOUSING AUTHORITY MONDAY,, AUGUST 18,, 2014 2:00 PM—CLOSED SESSION 4:00 PM—OPEN SESSION COUNCIL CHAMBER • 300 NORTH I'D" STREET • SAN BERNARDINO,CA 92418 • www—SBCITY.ORG Virginia Marquez R. Carey Davis James L. Mulvihill Benito Barrios Allen J. Parker John Valdivia Q Gary D. Saenz Fred Shorett Georgeann "Gigi" Hanna >* Henry Nickel David Kennedy Rikke Johnson 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 bygoing to http-11www.sbcityorg. • 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 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 August 18, 2014 CALL TO ORDER Council Member, Ward 1 Virginia Marquez ❑ ❑ ❑ Council Member, Ward 2 Benito J. Barrios ❑ ❑ ❑ Council Member, Ward 3 John Valdivia ❑ ❑ ❑ Council Member, Ward 4 Fred Shorett ❑ 1 ❑ ❑ Council Member, Ward 5 Henry Nickel ❑ ❑ ❑ Council Member, Ward 6 Rikke Johnson ❑ ❑ ❑ Council Member, Ward 7 James Mulvihill ❑ ❑ ❑ Mayor R. Carey Davis ❑ ❑ ❑ City Clerk Georgeann "Gigi" Hanna ❑ ❑ ❑ City Manager Allen 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 Section(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; Rovinski Renter v. City of San Bernardino, et al. - United States District Court, Case No. CV-11-07222 GAF (CWx); Axiom Properties, LLC v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVDS 1402733. 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 v. Forscom Enterprises, LLC City v. Shaw D. Closed Session-personnel - pursuant to Government Code Section 54957. ,flavor and Common Council of the Citv of San Bernardino Page 2 Printed 811312014 Joint Regular Meeting Agenda August 18, 2014 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 Donna Howard to the Fine Arts Commission - Council Member James Mulvihill (#3446) [Ward(s): 7] Motion: Approve the appointment of Donna Howard to the Fine Arts Commission as requested by Council Member James Mulvihill. 3. PRESENTATIONS 3A. Proclamation Designating September 2014 as Adult Literacy Awareness Month -- Mayor Davis 3B. Student of the Month -- Doreay Bynum, Sierra High School -- Council Member Marquez 3C. Citizen of the Month -- Sandra Olivas -- Council Member Marquez 4. ANNOUNCEMENTS -- CHAMBER OF COMMERCE & ELECTED OFFICIALS 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(#3394) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated August 18, 2014. Mayor and Common Council of the City of San Bernardino Page 3 Printed 811312014 Joint Regular Meeting Agenda August 18, 2014 511. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Fifth Amendment to the Consultant Services Agreement Between Urban Futures Inc. and the City of San Bernardino. (#3332) [Ward(s): All] Motion: Adopt the Resolution. 5C. Civil Service Personnel Actions - Classified (#3219) [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. 51). Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Approving Standard Form of Agreement for Subdivision Tract No. 17699 (Lots i through 24) Mixed Use Residential and Office Units, Located on the North Side of Campus Parkway South of North Park Boulevard in the CG-2, Commercial General Zone, with FH II, LLC with Time of Performance Specified, and Authorizing Release of University Park Holdings, LLC from Terms of the Standard Form of Agreement for Subdivision Tract No. 17699 (Lots 1 through 24) as Approved by Resolution No. 2012-230. (#3380) [Ward(s): 51 Motion: Adopt the Resolution. 5E. Finance Approval of Checks Warrants and Payroll Checks (#3403) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5F. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Purchase of Monthly Services from Verizon, Inc. for Wireless Network Services Used by the Police Department for MDC Operations. (#3412) [Ward(s): All] Motion: Adopt the Resolution. 5G. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute an Agreement Between the City of San Bernardino and Public Safety Academy for Shared Use of the Facility at the Norton Gymnasium Located at 1554 East Art Townsend Drive. (#3416) [Ward(s): 11 Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 811312014 Joint Regular Meeting Agenda August 18, 2014 5H. Parks,Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute an Agreement Between the City of San Bernardino and YouthPower Community Solutions for Shared Use of the Facilities at the Norton Galaxy Building, Gymnasium and Norton Annex Located at 1494 and 1554 East Art Townsend Drive for Two Years Commencing on August 18, 2014 through June 30, 2016. (43415) [Ward(s): 11 Motion: Adopt the Resolution. 5I. Police Resolution of the City of San Bernardino Authorizing the Obligation and Expenditure of the Allocated Byrne Criminal Justice Grant Funds and Execution of a Memorandum of Understanding (MOU) Between the Institute for Public Strategies (IPS) and the City of San Bernardino. (#3427) [Ward(s): All] Motion: Adopt the Resolution. 5J. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Purchase Order to General Dog & Cat Hospital for $66,000. (#3424) [Ward(s): All] Motion: Adopt the Resolution. 5K. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Transfer of$1,061.23 from Account 772-2327.212 to Revenue Account 001-210-0000*4690 and Appropriating $1,061.23 to the FY 2014/2015 Budget, and Authorizing the Issuance of a Purchase Order to Ray Allen Manufacturing for K9 Unit Supplies. (#3418) [Ward(s): All] Motion: Adopt the Resolution. 5L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Quitclaim Deed to University Park Promenade & Shops, LLC, for an Existing Storm Drain Easement, Located West of Northpark Boulevard, South of Ash Street. (#3365) [Ward(s): 51 Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 8113/2014 Joint Regular Meeting Agenda August 18, 2014 5M. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Acceptance of a Quitclaim Deed from CALMAT Co., for Certain Storm Drain Easements Located in the Vicinity of Institution Road and Cajon Boulevard (Cajon Creek Area). (#3205) [Ward(s): 6] Motion: Adopt the Resolution. 5N. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Three to the Franchise Agreement with Jack's Disposal, Inc. for the Collection, Transportation, and Disposal of Solid Waste and Construction Debris and for Providing Temporary Bin/Roll-Off Services. (At Meeting of June 2, 2014, Item Continued to June 16, 2014; Item Continued to July 7, 2014; Item Continued to July 21, 2014; Item Continued to August 4, 2014; Item Continued to August 18, 2014) (#3209) [Ward(s): All] Motion: Adopt the Resolution. 50. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of Beverage Container Recycling Program Application and Accepting Funds from the Department of Resources Recycling and Recovery (CalRecycle). (#3374) [Ward(s): All] Motion: Adopt the Resolution. 5P. Successor Agency Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 1415 Lynwood Way, San Bernardino, California. (#3421) [Ward(s): 71 Motion: Adopt the Resolution. 5Q. Successor Agency Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 2667 Irvington Avenue, San Bernardino, California. (#3420) [Ward(s): 51 Motion: Adopt the Resolution. Mayor and Common Council ofthe City of San Bernardino Page 6 Printed 8113,12014 Joint Regular Meeting Agenda August 18, 2014 5R. Treasurer's Office Revised Treasurer's Office Portfolio Report for the Month of July 2014 (At Meeting of August 4, 2014, Item Continued to August 18, 2014) (#3422) [Ward(s): All] Motion: Receive and file. 6. PUBLIC HEARINGS TO BE HEARD AT 5:30 P.M. 6A. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Ordering the Vacation of a Portion of 3Rd Street Between "J" Street and "I" Street, and a Portion of 3Rd Street at the Intersection with "K" Street, and Reserving Utility Easements Therein; And Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Indemnity Agreement with the San Bernardino Associated Governments Relating to the Proposed Vacation of a Portion of "I" Street South of Rialto Avenue and Those Portions of the East-West Alleys and One North-South Alley, Between Rialto Avenue and 3Rd Street, Together with a Portion of 3Rd Street Between "J" Street and "I" Street, and a Portion of 3Rd Street at the Intersection with"K" Street. (#3375) [Ward(s): 11 Mayor to open the hearing. . . Motion: Close the hearing; adopt the Findings of Fact, as set forth in the staff report from the Public Works Director, as to why the identified portions of 3' Street are no longer necessary for public right-of-way purposes; and adopt the two Resolutions. 6B. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Ordering the Vacation of a Portion of"I" Street South of Rialto Avenue and Those Portions of the East-West Alleys and One North-South Alley, Between Rialto Avenue and 3Rd Street, and Reserving Utility Easements Therein; And Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Indemnity Agreement with the San Bernardino Associated Governments Relating to the Proposed Vacation of a Portion of "I" Street South of Rialto Avenue and Those Portions of the East-West Alleys and One North-South Alley, Between Rialto Avenue and 3Rd Street, Together with a Portion of 3Rd Street Between "J" Street and "I" Street, and a Portion of 3Rd Street at the Intersection with "K" Street. (#3376) [Ward(s): 1 & 3] Mayor to open the hearing. . . Mayor and Common Council of the City of San Bernardino Page 7 Printed 811312014 Joint Regular Meeting Agenda August 18, 2014 Motion: Close the hearing; adopt the Findings of Fact, as set forth in the staff report from the Public Works Director, as to why the identified portions of this street and the two alleys are no longer necessary for public right-of- way purposes; and adopt the two Resolutions. 7. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA TO BE HEARD AT 6:30 P.M. 8. ITEMS TO BE REFERRED TO COUNCIL COMMITTEES 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 2:00 p.m., Tuesday, September 2, 2014, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. lvlayor and Common Council of the City of San Bernardino Page 8 Printed 8/1312014 Joint Regular Meeting Agenda August 18, 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. Mavor and Cnmmnn Cnnnrd n(tho Cith:n0Z—ROP Ildinn P.,..o 0 D-.*..,..t 0/7 1-inn 1 4