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Home My WebLink About07-21-2014 Jt. Reg Mtg Agenda CITY CLERK 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 21, 2014 2:00 PM—CLOSED SESSION 4:00 PM—OPEN SESSION COUNCIL CHAMBER • 300 NORTH"D"STREET • BAN BERNARDINO,ACA 92418 • WWW.SBCITY.ORG Virginia Marquez R. Carey Davis James L. Mulvihill Benito Barrios Allen J. Parker John Valdivia �� Gary D. Saenz Fred Shorett }E Georgeann "Gigi" Hanna Henry Nickel ,�~ David Kennedy �Q Rikke Johnson 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://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 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 July 21, 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 ❑ ❑ ❑ 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 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 MJ; Highland Hills Homeowner's Association v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. 241464. 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: United States Environmental Protection Agency v. City (Casmalia Superfund Site, Santa Barbara County). 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: City Manager 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. .Wavor and Common Council of the City of San Bernardino Page 2 Printed 711712014 Joint Regular Meeting Agenda July 21, 2014 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 Jennica Billins to the Parks and Recreation Commission - Council Member Virginia Marquez (#3338) [Ward(s): 11 Motion: Approve the appointment of Jennica Billins to the Parks & Recreation Commission as requested by Council Member Virginia Marquez. 2B. Mayor's Office Appointment of Barbara Babcock to the Fine Arts Commission - Mayor R. Carey Davis (#3384) [Ward(s): All] Motion: Approve the appointment of Barbara Babcock to the Fine Arts Commission as requested by Mayor R. Carey Davis. 2C. Mayor's Office Appointment of Jim Eble to the Planning Commission - Council Member John Valdivia (#3388) [Ward(s): 31 Motion: Approve the appointment of Jim Eble to the Planning Commission as requested by Council Member John Valdivia. 21). Mayor's Office Appointment of Frederick Grochulski to the Board of Fire Commissioners - Council Member John Valdivia(#3389) [Ward(s): 31 Motion: Approve the appointment of Frederick Grochulski to the Board of Fire Commissioners as requested by Council Member John Valdivia. 2E. Mayor's Office Appointment of Sue Herbert to the Animal Control Commission - Council Member James Mulvihill (#3390) [Ward(s): 71 Motion: Approve the appointment of Sue Herbert to the Animal Control Commission as requested by Council Member James Mulvihill. Mayor and Common Council of the City of San Bernardino Page 3 Printed 7/1712014 Joint Regular Meeting Agenda July 21, 2014 3. PRESENTATIONS 3A. Citizen of the Month -- Council Member Mulvihill 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 (#3304) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated July 21, 2014. 5B. City Clerk Council Minutes -- June 2, 2014; June 3, 2014; June 10, 2014; June 16, 2014; June 17, 2014; June 23, 2014; and June 30, 2014 (43329) [Ward(s): All] Motion: Approve the Minutes of the Mayor and Common Council Meetings of June 2, 2014; June 3, 2014; June 10, 2014; June 16, 2014; June 17, 2014; June 23, 2014; and June 30, 2014. 5C. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance to Issue Payments to the Division of the State Architect in an Amount Not to Exceed $25,000 Effective from July 1, 2014 to June 30, 2015 to Comply with the Requirements Set Forth by Senate Bill 1186. (#3391) [Ward(s): All] Motion: Adopt the Resolution. 5D. City Manager 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 3437 North Fairfax Drive, San Bernardino, California. (#3339) [Ward(s): 21 Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 711712014 Joint Regular Meeting Agenda July 21, 2014 5E. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Amending the Regulatory Agreement and Declaration of Restrictive Covenants in Place at "Tuscany Apartments" (2225 Pumalo Street). (#3386) [Ward(s): All] Motion: Adopt the Resolution. 5F. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Professional Services Agreement Between the City of San Bernardino and Veronica Tam & Associates, LLC for Professional Consultant Services for the Preparation of the City's Consolidated Plan and Analysis of Impediments to Fair Housing. (#3353) [Ward(s): All] Motion: Adopt the Resolution. 5G. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Second Amendment to the Consultant Services Agreement Between the Law Office of Linda L. Daube and the City of San Bernardino for Labor Negotiator and Bankruptcy Services. (#3360) [Ward(s): All] Motion: Adopt the Resolution. 5H. Civil Service Personnel Actions -Classified(#3217) [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. 5I. Community Development Ordinance of the City of San Bernardino Adopting Development Code Amendment/Zoning Map Amendment 14-12, to Amend Development Code Chapters 19.02 and 19.04 to Add 10.16 Acres on Northpark Boulevard, Northwest of University Parkway, to the Residential Student Housing Zone and to Add Certain Development Standards to the Residential Student Housing Zone. (FINAL READING) (#3315) [Ward(s): 51 Motion: Adopt the Ordinance. Mayor and Common Council of the City of San Bernardino Page 5 Printed 711712014 Joint Regular Meeting Agenda July 21, 2014 5J. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Request for Proposals (RFP) to Update the City's Development Code. (#3305) [Ward(s): All] Motion: Adopt the Resolution. 5K. Finance Approval of Checks Warrants and Payroll Checks (#3337) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5L. Fire Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the FY 2010 Regional Catastrophic Preparedness Grant Program Agreement Between the City of San Bernardino and the City of Los Angeles. (#3335) [Ward(s): All] Motion: Adopt the Resolution. 5M. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Approving a New Police Officer Job Description. (#3311) [Ward(s): All] Motion: Adopt the Resolution. 5N. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Re-Establishment of the Position of Code Enforcement Division Manager (U) and Updating the Job Description. (#3368) [Ward(s): All] Motion: Adopt the Resolution. 50. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing a Revised Senior Customer Service Representative (U) Job Description. (#3369) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 711712014 Joint Regular Meeting Agenda July 21, 2014 5P. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between the Counseling Team International and the City of San Bernardino. (#3372) [Ward(s): All] Motion: Adopt the Resolution. 5Q. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement Between the Regents of the University of California, Riverside, Anderson Graduate School of Management (AGSM) and the City of San Bernardino. (#3371) [Ward(s): All] Motion: Adopt the Resolution. 5R. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Administrative Claims Specialist and the Position of Senior Human Resources/Risk Analyst and Approving the Job Descriptions. (#3310) [Ward(s): All] Motion: Adopt the Resolution. 5S. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Building Maintenance Division Manager (U) and Approving the Job Description. (#3366) [Ward(s): All] Motion: Adopt the Resolution. 5T. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Community Policing Specialist and Approving the Job Description. (#3313) [Ward(s): All] Motion: Adopt the Resolution. 5U. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Criminal Investigation Officer and Approving the Job Description. (#3309) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 711712014 Joint Regular Meeting Agenda July 21, 2014 5V. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Fire Dispatch Supervisor and Approving the Job Description. (#3314) [Ward(s): All] Motion: Adopt the Resolution. 5W. Library Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Purchase Order to the Library Corporation for Annual Maintenance of Its Library Solution Integrated Library System Software and Technical Support for the City's Public Library. (#3346) [Ward(s): All] Motion: Adopt the Resolution. 5X. Mayor's Office Appointment of John Claus to the San Bernardino Public Safety Authority — Mayor R. Carey Davis (#3383) [Ward(s): All] Motion: Approve the appointment of John Claus to the Public Safety Authority as requested by Mayor R. Carey Davis. 5Y. Mayor's Office Appointment of Stacey R. Aldstadt to the San Bernardino Public Safety Authority - Mayor R. Carey Davis (#3382) [Ward(s): All] Motion: Approve the appointment of Stacey R. Aldstadt to the Public Safety Authority as requested by Mayor R. Carey Davis. 5Z. Mayor's Office Resolution of the Mayor and Common Council of the City of San Bernardino Setting Criteria for Determining Residency Pursuant to the Homeless Intervention Action Plan. (#3385) [Ward(s): All] Motion: Adopt the Resolution. 5AA. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 3 to the Animal Control and Housing Agreement Between the City of San Bernardino and the City of Grand Terrace (#3340) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 711712014 Joint Regular Meeting Agenda July 21, 2014 5AB. Public Works Report to the Mayor and Common Council of the City of San Bernardino Regarding the Emergency Replacement of the Sewer Line on Arrowhead Avenue at Warm Creek (#3362) [Ward(s): 11 Motion: Receive and file. SAC. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 655 Entitled in Part "A Resolution...Designating Certain Streets or Portions Thereof as through Highways..." and Declaring that 29th Street is a Through Highway from Sierra Way to Waterman Avenue. (#3287) [Ward(s): 71 Motion: Adopt the Resolution. SAD. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Service Agreement and Issuance of an Annual Purchase Order in the Amount of $400,000 with Three (3) One-Year Renewals at the City's Option to All American Asphalt for Asphalt Paving/Repair Services. (#3109) [Ward(s): All] Motion: Adopt the Resolution. SAE. 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)(#3209) [Ward(s): All] Motion: Continue to August 4, 2014. 5AF. 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 the Amount Not to Exceed $90,000 with Two (2) One-Year Extensions at the City's Option to Arata Equipment Company, Pursuant to Section 3.04.010-133 of the Municipal Code for the Purchase of Specific Labrie Refuse Equipment Parts and Supplies. (#3190) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 711712014 Joint Regular Meeting Agenda July 21, 2014 5AG. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of the Oil Payment Program Application and Accepting Funds from the Department of Resources Recycling and Recovery (CalRecycle). (#3330) [Ward(s): All] Motion: Adopt the Resolution. 5AH. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Directing the Director of Finance to Amend the FY 14/15 Budget to Transfer $202,700 from Account 126-400-0088-5502 (Professional/Contractual) and $197,300 from Account 126-400-0088-5505 (Other Professional Services) to Account 126-400-0090-5502 (Professional/Contractual) and Authorizing the Execution of an Agreement and Issuance of a Purchase Order with Three (3) One-Year Extensions at the City's Option for a Total Amount Not to Exceed $442,400 to West Coast Arborists, Inc. for Tree Trimming Services. (#3097) [Ward(s): All] Motion: Adopt the Resolution. 5AI. Treasurer's Office Treasurer's Office Portfolio Report for the Month of July 2014 (#3326) [Ward(s): All] Motion: Receive and file. 6. PUBLIC HEARINGS TO BE HEARD AT 5:30 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. (#3349) [Ward(s): All] Mayor to open the hearing. . . 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 the Resolution. Mayor and Common Council of the City of San Bernardino Page 10 Printed 711712014 Joint Regular Meeting Agenda July 21, 2014 613. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Issuance of Multifamily Housing Revenue Bonds by the California Statewide Communities Development Authority for the Benefit of the New Zion Manor. (#3359) [Ward(s): All] Mayor to open the hearing. . . Motion: Close the hearing; and adopt the Resolution. 6C. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Substantial Amendment #1 to the 2014-2015 HUD Action Plan to Fund Various Community Development Projects. (At Meeting of June 16, 2014, Item Continued to June 23, 2014; Item Continued to July 7, 2014; Item Continued to July 21, 2014)(#3296) [Ward(s): All] Mayor to open the hearing. . . Motion 1: Close the hearing; and adopt the Resolution amending the City's 2014- 2015 Action Plan to add the Job Referral Service Program (J.C. Supplies Loan); Motion 2: Close the hearing; and adopt the Resolution amending the City's 2014- 2015 Action Plan to add the Economic Development Loan Program (J.C. Supplies Loan); Motion 3: Close the hearing; and adopt the Resolution amending the City's 2014- 2015 Action Plan to add both the Job Referral Service Program and the Economic Development Loan Program(J.C. Supplies Loan). 7. STAFF REPORTS 7A. City Attorney Report from the City Attorney on Medical Marijuana Dispensaries (#3363) [Ward(s): All] Motion: Receive and file. 713. Community Development Discuss and Take Possible Action on Sunset of Fee Reductions for Fees for Service and Development Impact Fees(#3333) [Ward(s): All] Motion: Allow fee reduction in place since August 2010 to sunset. Mayor and Common Council of the City of San Bernardino Page I 1 Printed 711712014 Joint Regular Meeting Agenda July 21, 2014 8. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA TO BE HEARD AT 6:30 P.M. 9. ITEMS TO BE REFERRED TO COUNCIL COMMITTEES 10. 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., Monday, August 4, 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 12 Printed 711712014 Joint Regular Meeting Agenda July 21, 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 Couneil of the City of San Bernardino Page 13 Printed 711712014