The URL can be used to link to this page

Home My WebLink About05-07-2012 Jt. Reg Mtg Agenda C.1w CUP 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 HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, MAY 7, 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 ; 1 M \vo Robert D.Jenkins $ � Andrea Travis-Miller COUNCIL MEMBER,WARD 2 ACTING CITY MANAGER John Valdivia 5� James F. Penman COUNCIL MEMBER,WARD 3 Fred Shorett ., Georgeann "Gig!" Hanna COUNCIL MEMBER,WARD Chas Kelley David Kennedy COI*N('iI.MRNTBFR,WARDS ¢11.1, �y�� CITY TREASURER Rikke Van Johnson D I t 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 0384-5002)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 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 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. 0 Please turn off or muteyour cell phone while the meeting is in session. Joint Regular Meeting Agenda May 7, 2012 CALL TO ORDER Attendee Name Present Absent Late Arrived 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 ❑ ❑ ❑ 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 the Matter of Michael Billdt Industrial Disability Retirement Application; Yvonne Barnes, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court,Case No.CIVSS807102; Estate of Terry Nash v City of San Bernardino, el al - United States District Court, CV09-08671 RGK(FFMx); Nguyen v City of San Bernardino: and Does 1 through 100, inclusive - San Bernardino Superior Court,Case No. CIVDS 1003080; San Bernardino City Professional Firefighters, Brian Crowell and Byron Kuhn v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1012967; San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino PERB Unfair Practice Charge No. LA-CE-714-M: San Bernardino City Professional Firefighters Local 891• Richard "Scott" Moss V. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CLADS 1102415. � c Mayor and Common Council of the City of San Bernardino Page 2 Printed 51312012 Joint Regular Meeting Agenda May 7, 2012 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. 2. APPOINTMENTS A. Mayor's Office Appointment of Jeffrey P. Thurman to the Fine Arts Commission - Mayor Patrick J. Morris [Ward(s): N/A] Motion: Approve the appointment of Jeffrey P. Thurman to the Fine Arts Commission as requested by Mayor Patrick J. Morris. 3. PRESENTATIONS 3A. Resolution of Commendation to Mary's Mercy Table on their 25th Anniversary - Council Member Marquez 3B. Certificate of Recognition to Nia Bush, Miss Black San Bernardino - Council Member Johnson 3C. Historic Preservation Mouth - Mayor Morris 31). Chamber of Commerce Announcements 4. ANNOUNCEMENTS Mayor and Common Council of the City of San Bernardino Page 3 fWnled 51312011 Joint Regular Meeting Agenda May 7, 2012 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 agenda dated May 7, 2012. 5B. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Destruction of Certain Records by the City Clerk's Office. [Ward(s): All] Motion: Adopt Resolution. v.. 5C. 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. 5D. Community Development Authorize the Director of Finance to Amend the FY 2011/12 Community Development Budget to Transfer Funds Within the Department's Discretionary Budget to Execute a Contract with Larry Jacinto Farming and Scott Tractor Service Relating to the Discing of Vacant Properties for Weed Abatement Services as Allowed by Resolution 2008-350. [Ward(s): None] Motion: Authorize the Director of Finance to amend the FY 2011/12 Community Development Department budget and transfer funds from Account No.'s 001-180-0021-5112, 001-180-0021-5174, 001-180-0021-5175, 001-180- 0021- 5181, 001-180-0001-5505, and 001-180-0001-5181 to Account No. 001-180-0021-5506. Mayor and Common Council of the City of San Bernardino Page 4 Printed 51312011 Joint Regular Meeting Agenda May 7, 2012 5E. Human Resources Personnel Actions-Unclassified [Ward(s): All] Motion: Approve and ratify the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City policies and procedures. 5F. Police Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Assignment of the Agreement for Tow Services with Wilson Towing to Ray Hassan. [Ward(s): All] Motion: Adopt Resolution. 5G. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Services Agreement with CelPlan Technologies, Inc. for the Purchase of a Downtown Camera Protection Zone System with Additional Cameras for the San Manuel Area Camera Protection Zone [Ward(s): All] Motion: Adopt Resolution. 5H. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Purchase Order to Ti Training Corporatiaon in the Amount of$50,600.00 for the Purchase of a Use of Force Training Simulator. [Ward(s): A111 Motion: Adopt Resolution. 5I. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Obligation and Expenditure of the 2012 Allocated JAG (Justice Assistance Grant) Funds and the Execution of an Interlocal Agreement Between the City of San Bernardino and the County of San Bernardino [Ward(s): All] Motion: Adopt Resolution. Mayor and Common Cowcil of the City of San Bernardino Page 5 Printed 51312012 Joint Regular Meeting Agenda May 7, 2012 51 Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Purchasing Manager to Issue a Purchase Order to Adamson Police Products of Los Alamitos, California, for the Purchase of 270 Replacement Patrol Ballistic Vests in the Amount of$190,171.80. [Ward(s): AU] Motion: Adopt Resolution. 51C. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Purchasing Manager to Issue a Purchase Order to Proforce Law Enforcement of Prescott, Arizona, for 29 Replacement Tactical Ballistic Vests in the Amount of$94,222.22 [Ward(s): All] Motion: Adopt Resolution. i 5L. Public Works j Request Mayor and Common Council of the City of San Bernardino to Reject All Bids for Storm Drain and Street Improvements on Mountain Avenue from 39Th Street to 40Th Street,Per Plan No. 10265 (SD04-004& SSO4-018). [Ward(s): 41 Motion: Reject all bids. 5M. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement with Inland Valley Development Agency (IVDA) for Storm Drain Impact Fee Prepayment. [Ward(s): All] Motion: Adopt Resolution. 5N. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Purchase Order 2012-1520 by $11,674.80 to Generator Services Company, Inc. for Rental of Emergency Generator at the Police Department Headquarters. [Ward(s): 11 Motion: Adopt Resolution. r Mayor and Common Coancil of the City of San Bernardino Page 6 Printed 51312012 Joint Regular Meeting Agenda May 7, 2012 50. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Establishing a 3-Way Stop at the Intersection of Rialto Avenue and Macy Street. [Ward(s): 31 Motion: Adopt Resolution. 5P. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Making Application to the Local Agency Formation Commission to Provide City Sewer Services to Property Within Unincorporated Territory Located at 2818 N. Macy Street. [Ward(s): N/A-Surrounded by Ward 61 Motion: Authorize the Acting Director of Public Works to initiate proceedings for the provision of City sewer services outside of City boundaries for property located at 2818 N. Macy Street (APN: 0268-041-14); and adopt the Resolution. 6. COMMITTEE CONSENT 6A. Human Resources Position Reclassification - Community Development Department. (Recommended for Approval at the Personnel Committee Meeting of April 12, 2012 - Committee Members Present: Shorett, Johnson, Marquez) [Ward(s): A111 Motion: Establish one NPDES Inspector UII (Flex) position, Range 1460, $4402 - $5351/month; approve Job Description for NPDES Inspector I/II (Flex) as proposed; reclassify one Construction Inspector UII (Flex)position, Range 1460, $4402 - $5351/month, to NPDES Inspector UII (Flex), Range 1460, $4402 - $5351/month; authorize the Director of Finance to incorporate the changes into the FY 2011-12 budget; and authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action. 6B. Human Resources Revisions to Various Job Descriptions. (Recommended for Approval at the Personnel Committee Meeting of April 26, 2012 - Committee Members Present: Shorett, Marquez, Johnson) [Ward(s): A111 Motion: Approve the job description for Animal Shelter Attendant, Range 1350, $2543-$3092/month; approve the job description for Construction/Survey Manager, Range 2520, $5938-$7218/month; and authorize the Director of CHuman Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action. Mayor and Common Council of the City of San Bernardino Pagel Printed 5 1312072 Joint Regular Meeting Agenda May 7, 2012 7. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. 7A. City Clerk Appeal Hearing Regarding the Requirement for Kohl's Department Stores to File an Amended Business Registration Renewal Application Stating the Gross Sales Attributable to the Internet Fulfillment Center for the Purposes of Calculating the Correct Business Registration Fee Due to the City; and to Pay All Applicable Fees. [Ward(s): 11 Mayor to open the hearing. . . Motion 1: Close the hearing; deny the appeal and uphold the decision of the City Clerk to require that Kohl's Department Stores file an amended Business Registration Renewal Application stating the gross sales attributable to the internet fulfillment center for the purposes of calculating the correct Business Registration fee due to the City; and to pay all applicable fees. Motion 2: Continue matter to June 18, 2012. 7B. City Mana zer C Resolution of the Mayor and Common Council of the City of San Bernardino Approving the 2012-2013 Consolidated Action Plan and Authorizing the City Manager to Execute Any and All Housing and Urban Development Department (HUD) Contracts or Documents Per Regulation [Ward(s): All] Mayor to open the hearing. . . Motion: Close the hearing; and adopt the Resolution approving the 2012-2013 Consolidated Annual Action Plan. 7C. Community Development A Public Hearing for Ward Redistricting Within the City of San Bernardino. [Ward(s): All] Motion: Continue the public hearing to May 21, 2012, at 4:00 p.m. in the Council Chambers to approve City Ward Redistricting within the City of San Bernardino. 't I C Mayor and Common Council of the City of San Bernardino Page 8 Printed 51312012 Joint Regular Meeting Agenda May 7, 2012 7D. Communitv Development An Appeal of the Planning Commission Denial of Conditional Use Permit(CUP)No. 12- 03 to Construct a New Wireless Telecommunications Facility Consisting of a 65-Foot Tall, Camouflaged Monopalm Tower and Associated Equipment Stored Within an Existing Commercial Building, Located at 1702 N. "D" Street and 420 W. 17Th Street in the Commercial Office (CO) and the Residential Suburban (RS) Land Use Districts. [Ward(s): 21 Mayor to open the hearing. . . Motion 1: Close the hearing; deny Appeal No. 12-02, and uphold the Planning Commission's denial of CUP No. 12-03, based upon the findings of fact contained in the Staff Report to the Mayor and Council, as recommended by the Planning Commission. OR Motion 2: Close the hearing; grant Appeal No. 12-02, and grant CUP No. 12-03, based on the Findings of Fact and subject to the Conditions of Approval (Attachment C) contained in the Staff Report to the Planning Commission. 7E. 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. (FIRST READING) (At the Meeting of February 6, 2012, Item Continued to March 5, 2012; Item Continued to May 7,2012.) [Ward(s): All] The hearing was opened on February 6,2012. Motion 1: Close the hearing; adopt the Addendum to the certified San Bernardino General Plan Updated and Associated Specific Plans EIR SCH#20041 1 1 1 32 (Attachment F); approve Development Code Amendment No. 12-01 based on the Findings of Fact contained in the staff report; and lay over Ordinance for final adoption. Motion 2: Continue the matter to June 18,2012. 1 1 1 Mayor and Common Council of the City of San Bernardino Page 9 Printed 5 1312012 Joint Regular Meeting Agenda May 7, 2012 7F. Community Development Ordinance of the City of San Bernardino for Development Code Amendment to Amend San Bernardino Municipal Code 15.20, 19.20 and 19.62 to Allow Additions to Existing Buildings Under 2500 Square Feet to be Exempt from Meeting New Development Standards for the Entire Existing Structure; Allow for Nonconforming Uses to Retain Their Current Status for 72 Months Rather Than 12 Months; Eliminate the Requirement for a New Certificate of Occupancy Beyond International Code Requirements and Automatic Abatement Requirements for Nonconforming Uses (FIRST READING). [Ward(s): AB] Mayor to open the hearing. . . Motion: Close the hearing; approve the Development Code Amendment No. 12-02 based on the findings of fact contained in the staff report; and lay over Ordinance for final adoption. 7G. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Ordering the Vacation of an East-West Alley South of Adell Street, Between "I" Street and the I- 215 Freeway and Reserving Utility Easements Therein. [Ward(s): 11 Mayor to open the hearing. . . ^ Motion: Close the hearing; adopt the Findings of Fact, as set forth in the staff report (v from the Acting Director of Public Works, as to why the east-west alley south of Adell Street, between "I" Street and the I-215 Freeway is no longer necessary for public right-of-way purposes; and adopt the Resolution. 8. CONTINUED ITEMS 8A. City Clerk Council Minutes (At Meeting of March 19, 2012, Item Continued to April 2, 2012; Item Continued to May 7, 2012.) [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council and the Mayor and Common Council acting as the Successor Agency to the Redevelopment Agency meetings of March 5, 2012, February 21, 2012, December 19,2011, and November 21,2011, as submitted. 8B. City Clerk Council Minutes (At Meeting of April 16, 2012, Item Continued to May 7, 2012.) [Ward(s): N/A] Motion: Approve the minutes of the following meetings of the Mayor and Common Council and Community Development Commission, and the ", Mayor and Common Council Acting as the Successor Agency to the C Redevelopment Agency, as submitted: January 9, 2012; February 6, 2012; and March 19,2012. Mayor and Common Council of the City of San Bernardino Page 10 Printed 51311011 Joint Regular Meeting Agenda May 7, 2012 9. STAFF REPORTS 9A. Council Office Funding Opportunities for the City of San Bernardino [Ward(s): All] Motion: Direct the City Manager and City Finance Director to implement the cell phone site monetization revenue proposal developed by the City's cell phone site consultant,ATS Communications. 9B. Council Office Revisit and Explore Parking Meters in the City of San Bernardino [Ward(s): A111 Motion: Direct the City Manager to revisit and explore parking meters in the City of San Bernardino. 10. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 10A. Economic Development Agency G Resolution of the Mayor and Common Council of the City of San Bernardino Serving as the Successor Agency and Successor Entity to the Redevelopment Agency of the City of San Bernardino Confirming the Investment of Monies in the Local Agency Investment Fund and Designating Authorized Signatories for that LAIF Account [Ward(s): N/A1 Motion: Adopt Resolution. 10B. Economic Development Aeencv Resolution of the Mayor and Common Council of the City of San Bernardino Serving as the Successor Agency and Successor Entity to the Redevelopment Agency of the City of San Bernardino Providing the Authorized Signers on Successor Agency Accounts with Citizens Business Bank [Ward(s): N/A] Motion: Adopt Resolution. 11. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA t 12. ADJOURNMENT a 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, May 21, 2011, 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 11 Printed 51312012 i J Joint Regular Meeting Agenda May 7, 2012 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission 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 concerning any matter not on the agenda but which is within the subject matter jurisdiction may address the body at the end of the meeting, during the period reserved for public comments. A three minute limitation shall apply to each member of the public, unless such time limit is extended, but the total period of public comments shall not exceed forty-five(45)minutes.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/Community Development Commission 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. However, no other action shall be taken nor discussion held by the Mayor and Common Council/Community Development Commission 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 12 Printed 51312011