HomeMy WebLinkAbout07-02-2012 Jt. Reg Mtg col
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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, JULY 2, 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
COUNCIL MEMBER.WARD I COUNCIL MEMBER,WARD 7
Robert D.Jenkins 'NA ! Andrea Travis-Miller
COUNCIL MM
EBER,WARD 2 Mo ACTING CITY MANAGER
John Valdivia �Q`� �9 James F. Penman
COUNCIL MEMBER,WARD 3 CITY ATLORNE',
Fred Shorett '. Georgeann"Gigi" Hanna
H
COUNCIL MEMBER,WART)! V _ 1 CITY CLET,
Chas Kelley David Kennedy
COT MEMBER,WARD 5 O n�O
U - CITY TREASURER
Rikke Van Johnson GA'nE'D 1�
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
requestsfor reasonable accommodation to include interpreters.
• All documentsfor public review are onfile with the City Clerk's Office located on the 2.dfloor 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 comm entsfor 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 mute yourcell phone while the meeting is in session.
, w
Joint Regular Meeting Agenda July 2, 2012
CALL TO ORDER
id
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):
Briones,et al. v. City of San Bernardino,et al. -United States District Court, Case
NO.CV 10-7571 CBM(Opx);
Ellison, et al. v. City of San Bernardino - San Bernardino County Superior Court,
Case No. CIVDS 1005001;
Erik Brown v. City of San Bernardino, et al. - U.S. District Court, Case No.
C V 12-2300-RGK(OPx);
Ford Wholesale v. City of San Bernardino, et al. - San Bernardino Superior
Court,Case No. CIVDS 1109321;
Madrigal, et al. v. City of San Bernardino, et al. - San Bernardino Superior
Court, Case No. CV 12-03286 JHN(OPx);
U.S. Bank v. McMahan - San Bernardino County Superior Court, Case No.
3
j CIVDS 1204331;
7
Universal Trailers v. City of San Bernardino, et al. - San Bernardino Superior
Court, Case No. CIVDS 1102368;
Mayor and Common Council of the City of San Bernardino Paget Printed 6128/2012
Joint Regular Meeting Agenda July 2, 2012
Bank of America v. Melia- San Bernardino County Superior Court,Case No.
CIVDS 12000923;
Bank of America v. Rodriguez - San Bernardino County Superior Court, Case No.
CIVDS 1202215;
Fleming v. City - San Bernardino County Superior Court, Case No. CLADS
1108467;
GEICO v. Citv - San Bernardino County Superior Court, Case No. CIVDS
1112257;
Geisreiter. Reed et, al v. People, San Bernardino County Superior Court, Case No.
CIVDS 1201771;
Joaquin, v. Citv - San Bernardino County Superior Court, Case No. CV10-7138
CAS;
Joaquin, v. Ciri-United States District Court,Case No. CIVIDS-1007543;
Porter v. City - San Bernardino County Superior Court, Case No. CIVDS
1102116;
City v. SBUSD-Kohrell -Subrogation Case, San Bernardino County Superior
Court, Case No. CIVDS 1203275;
Stone v. Citv - San Bernardino County Superior Court, Case No. CIVDS
1110807;
Tapia, v. City - San Bernardino County Superior Court, Case No. CIVDS
1105258;
i
Vargas-Roman v. City- San Bernardino County Superior Court, Case No. CIVDS
1104423.
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.
Agenda Item#6A
CO Conference with legal counsel - anticipated litigation - initiation of litigation -
i 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.
Mayor and Common Council of the City of San Bernardino Page 3 Printed 612812012
Joint Regular Meeting Agenda July 2, 2012
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
Police Safety
Police Management
Fin; Safety
Fire Management
Mid-Management
General
Management/Confidential
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
2. APPOINTMENTS
2A. Mayor's Office
Appointment of Scott Beard to the Board of Building Commission - Council Member
Wendy McCammack. [Ward(s): 71
Motion: Approve the appointment of Scott to the Board of Building Commission
as requested by Council Member Wendy McCammack.
3. PRESENTATIONS
3A. Proclamation-Park& Recreation Month-Mayor Morris
3B. 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.
Mayor and Common Comcit of the City of San Bernardino Page 4 Printed 6282012
Joint Regular Meeting Agenda July 2, 2012
SA. 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 2, 2012.
6. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M.
6A. 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. (At Meeting
of May 7, 2012, Item Continued to June 18, 2012; Item Continued to July 2, 2012.)
[Ward(s): 1]
The hearing was opened on May 7,2012.
Motion: 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.
6B. 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. [Ward(s): AII]
Mayor to open the hearing. . .
Motion: Close the hearing; direct the City Clerk to administratively remove any
properties from Exhibits "A" & "B" which have been paid prior to the
hearing; and adopt Resolution.
6C. 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.) [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 Cowed of the City of San Bernardino Pages Printed 612812012
Joint Regular Meeting Agenda July 2, 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 D, 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.
6D. Community Develooment
A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting
Addendum to the Certified San Bernardino General Plan Update and Associated Specific
Plans Environmental Impact Report (SBGPU-EIR) SCH#2004111132 as Shown in
Exhibits a & A2 and Adopt General Plan Amendment No. 12-01 to Update the City
General Plan Land Use Map to Add Transit District Overlay District (TD) to Allow
Thirteen(13)Transit Station Areas as Shown in Exhibit B [Ward(s): All]
Mayor to open the hearing . . .
Motion: Close the hearing; adopt the Addendum to the certified San Bernardino
General Plan Update and Associated Specific Plans EIR
SCH#2004111132; and adopt resolution approving General Plan
Amendment No. 12-01 based on the Findings of Fact and attached draft
resolution contained in the staff report(Attachment C).
6E. Community Develooment
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. (At
Meeting of May 7, 2012, Item Continued to July 2,2012.) [Ward(s): 21
The hearing was opened on May 7,2012.
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 approve 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.
OR
Mayor and Common Council of the City of San Bernardino Page 6 Prinied612811012
Joint Regular Meeting Agenda July 2, 2012
Motion 3: Close the hearing; grant Appeal No. 12-02, and approve CUP No. 12-03,
as amended with selected location and design, based on the Findings of
Fact and subject to the Conditions of Approval (Attachment C) contained
in the Staff Report to the Planning Commission.
OR
Motion 4: Close the hearing; and refer CUP No. 12-03 back to the Planning
Commission for reconsideration of the new design and location
alternatives proposed by the appellant.
6F. 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; Item Continued to June 18, 2012; Item Continued to July 2,
2012.) [Ward(s): All]
The hearing was opened on February 6,2012.
Motion: Close the hearing; adopt the Addendum to the certified San Bernardino
General Plan Update and Associated Specific Plans EIR
SCH#2004111132; 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 (Attachment J).
7. STAFF REPORTS
7A. City Attorney
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a Professional Services Agreement Between Chadwick J.
Bradbury II and the City of San Bernardino for Legal Services [Ward(s): All]
Motion: Adopt Resolution.
7B. City Attorney
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a Professional Services Agreement Between Wagner &
Pelayes, LLP and the City of San Bernardino for Legal Services in the Case of Jose
Munoz V. City of San Bernardino, San Bernardino Superior Court, Case No.
CPdDS1110863 [Ward(s): All]
Motion: Adopt Resolution.
Mayor and Common Council of the City of San Bernardino Page 7 Printed 6/282012
Joint Regular Meeting Agenda July 2, 2012
7C. Citv Attorney
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a Professional Services Agreement Between Wagner &
Pelayes, LLP and the City of San Bernardino for Legal Services in the Case of Michael
Wade V. City of San Bernardino, United States District Court Case No. CVII-09831
GHK(SPx). [Ward(s): All]
Motion: Adopt Resolution.
7D. City Attorney
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a Professional Services Agreement Between Wagner &
Pelayes, LLP and the City of San Bernardino for Legal Services in the Case of Rovinski
Renter V. City of San Bernardino, United States District Court Case No. CV 11-07222
GAF(CWx). [Ward(s): All]
Motion: Adopt Resolution.
7E. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a Professional Services Agreement by and Between the
City of San Bernardino and Brunick, McElhaney& Kennedy for Hearing Officer And/Or
Administrative Law Officer Services. [Ward(s): All]
Motion: Adopt Resolution.
7F. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a Professional Services Agreement by and Between the
City of San Bernardino and Graves & King LLP for Hearing Officer And/Or
Administrative Law Officer Services. [Ward(s): All]
Motion: Adopt Resolution.
7G. 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 Coa it of the City of8an Bernardino Page 8 Printed 6/18/20/2
Joint Regular Meeting Agenda July 2 2012
7H. 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) to Allow the Use of
Electrified Fencing as an Approved Fencing Material. (FINAL READING). [Ward(s):
All]
The hearing was opened on June 18,2012.
Motion: Adopt Ordinance.
7I. Community Development
Ordinance of the City of San Bernardino Amending the San Bernardino Municipal Code
Titles 2, 10, 12, 13, 15, 16, and 17 to Reflect Organizational Changes from the
Development Services Department to the Community Development Department or the
Public Works Department. (FIRST READING) [Ward(s): All]
Motion: Lay over Ordinance for final adoption.
7J. CouncilOtfice
Alternative Energy Solutions for Powering Street Lights [Ward(s): All]
Motion: To direct the City Manager to task the Public Works Department to:
A. Determine the viability of alternative energy solutions'for
implementation within the City of San Bernardino; (by August 1, 2012)
B. Identify appropriate application& installation of Alternative Energy
Solutions throughout our city within the framework of test pilot areas;
(by August 1,2012)
C. To seek out vendors, in keeping with standard notification
procedures/protocol,and, award these bids to ensure streets lights are
returned into normal operation
D. Report back to Mayor and Common Council within 60 days to report
findings and outcomes.
'Alternative energy solutions: defined as either LED lighting; and/or Solar lighting with
a minimum of 40%of the final outcome being allocated to Solar Street
Lights within test pilot areas.
71C CouncilOfrice
Fire Department Staffing Efficiencies [Ward(s): All]
Motion: Adopt Fire Department Staffing Efficiencies
Mayor and Common Council of the City of San Bernardino Page 9 Printed 612812012
Joint Regular Meeting Agenda July 2, 2012
7L. CouncilOflice
Public Comments [Ward(s): All]
Motion: To start the public comments for items not on the agenda around 6:00 p.m.
and to allot an hour at that time. If more public wish to speak at the
meeting outside of the allotted hour, they will be heard at the conclusion
of the agenda.
7M. Council Office
San Bernardino Hometown Heroes Military Banner Program [Ward(s): All]
Motion: Receive and file committee update.
7N. Human Resources
Personnel Actions- Unclassified [Ward(s): All]
Motion: Approve the unclassified personnel actions, as submitted by the Director
of Human Resources, in accordance with City policies and procedures.
70. Human Resources
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing Extension of MOUs/Side Letters/Resolutions for the General, Middle
Management, and Management/Confidential Bargaining Units. [Ward(s): All]
Motion: Adopt Resolution; and authorize the Acting City Manager to continue a
36-hour reduced work week and commensurate Friday closure of City
Hall until successor MOUs/Side Letters/Resolutions are
negotiated/adopted.
7P. Human Resources
Update the Job Description for the Public Works Department, Fleet Division [Ward(s): ]
Motion: Approve the job description as proposed.
7Q. Parks.Recreation & Community Services
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute a Food Service Agreement with the San
Bernardino City Unified School District Relating to Delivery of Type a Lunches to City
Sites for the District's Year-Round and Summer Lunch Program FY 12/13 (Year Two of
Three), with One Optional Single Year Renewal. [Ward(s): All]
Motion:
Adopt Resolution.
Mayor and Common Council of the City of San Bernardino Page 10 Printed 612811011
Joint Regular Meeting Agenda July 2, 2012
7R. Public Works
Resolution of the City of San Bernardino Confirming the 2012/2013 Assessment Roll
for Assessment District No. 953, Landscaping Maintenance District, 16Th Street and
Medical Center Drive Area. [Ward(s): 6]
Motion: Adopt Resolution.
7S. Public Works
Resolution of the City of San Bernardino Confirming the 2012/2013 Assessment Roll for
Assessment District No. 1037, Landscaping Maintenance District, Belmont Avenue and
Magnolia Avenue Area. [Ward(s): 51
Motion: Adopt Resolution.
7T. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino approving
an Agreement for Professional Engineering Services with Willdan for Design of the
Widening of 40th Street from Johnson Street to Electric Avenue (SSO4-014). [Ward(s):
4]
Motion: Adopt Resolution.
7U. 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. [Ward(s): All]
Motion: Adopt Resolution.
7V. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a
{ Contract to Laird Construction Co., Inc. for Storm Drain and Street Improvements on
Mountain Avenue from 39th Street to 40th Street (SD04-004; SS04-018; SS-B; SS-C),
per Project Plan No. 10265A. [Ward(s): 41
Motion: Adopt Resolution.
Mayor and Common Council of the City of San Bernardino Page 11 Printed 612811011
Joint Regular Meeting Agenda July 2, 2012
7W. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino Declaring
its Intention to Order the Vacation of a portion of the Southwesterly side of Kendall
Drive, Northerly of Pine Avenue and Reserving Public Utility Easements Therein.
[Ward(s): 51
Motion: Adopt Resolution.
8. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
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 1.30 p.m., Monday, July 16,
2012, 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 12 Printed 612812012
Joint Regular Meeting Agenda July 2, 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 13 Printed 611812012