The URL can be used to link to this page

Home My WebLink About07-18-2016 Jt. Reg Mtg AgendaCITY 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 >" OUSIh G AUTHORITY MONDAY, JULY 18, 2016 2:00 PM — CLOSED SESSION 4:00 PM — OPEN SESSION COUNCIL CHAMBER - 300 NORTH "D" STREET (LOBBY) - SAN BERNARDINO, CA 92418 - WWW.SBCITY.ORG Virginia Marquez COUNCIL.'" 3ER, WARD 1 Benito Barrios COUNCIL MEMBER, WA' John Valdivia COUNCIL MEMBER, WARS= Fred Shorett ;O',,WCIL MI n19 R, WARD Henry Nickel COUNCIL MEMBER. WARD 5 Bessine L. Richard COUNCIL MEMBER, WARD 6 R. Carey Davis MAYOR James L. Mulvihill COUNCIL MEMBER, WARD 7 Mark Scott r , y r,I, ,NAGER Gary D. Saenz CITY ATTORNEY Georgeann "Gigi" Hanna CITY CLERK David Kennedy CITY TREASUR Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o 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 the City Clerk. o Public comments for agenda items that are not public hearings will be limited to three minutes. o Public comments for items that are not on the agenda will be limited to three minutes. o There is a 12 -minute -per -person time limit for all comments. o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. o 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. o All documents for public review are on file with the City Clerk's Office or may be accessed online by going to http://www. sbcityorg. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda July 18, 2016 CALL TO ORDER Attendee Name Present Absent Late Arrived 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 ❑ ❑ p Council Member, Ward 6 Bessine L. Richard❑ ❑ 11 Council Member, Ward 7 James Mulvihill ❑ ❑ ❑ Mayor R. Carey Davis ❑ ❑❑ . . .. �.. ,.. _ ..................... City Clerk Georgeann "Gigi" Hanna ❑ ❑ ❑ City Attorney Gary D. Saenz ❑ ❑ ❑ City Manager Mark Scott ❑ ❑ ❑ 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) and (d)(1): In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12- bk-28006 MJ; Brian Solorio v. City of San Bernardino - WCAB Case Nos. ADJ8877259 & ADJ8877266; Paul Palsson v. City of San Bernardino - WCAB Case No. ADJ10019015; Daniel Mishodek v. City of San Bernardino - WCAB Case Nos. ADJ10056530 & ADJ9296102; Shaun Jarvis v. City of San Bernardino - WCAB Case No. ADJ9634240; People of the State of California v. Kush Concepts Collective, et al. - San Bernardino Superior Court, Case No. CIVDS 1516185. Mayor and Common Council of the City of San Bernardino Page 2 Printed 7/12/2016 Joint Regular Meeting Agenda July 18, 2016 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2). C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): City v. Home Expo Financial Inc. D. Closed Session - personnel - pursuant to Government Code Section 54957(b). 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(a). 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. CLOSED SESSION REPORT 3. APPOINTMENTS 3A. Mayor's Office Appointment of Anthony Jones to the Planning Commission - Council Member Bessine L. Richard (#4549) [Ward(s): 6] Motion: Approve the appointment of Anthony Jones to the Planning Commission as requested by Council Member Bessine L. Richard. 3113. Mayor's Office Appointment of Bernadette Jones to the Senior Affairs Commission - Council Member Bessine L. Richard (#4550) [Ward(s): 6] Motion: Approve the appointment of Bernadette Jones to the Senior Affairs Commission as requested by Council Member Bessine L. Richard. 3C. Mayor's Office Appointment of Claudia Rodriguez to the Bureau of Franchises - Council Member Bessine L. Richard (#4546) [Ward(s): 6] Motion: Approve the appointment of Claudia Rodriguez to the Bureau of Franchises as requested by Council Member Bessine L. Richard. Mayor and Common Council of the City of San Bernardino Page 3 Printed 7/12/2016 Joint Regular Meeting Agenda July 18, 2016 3D. Mayor's Office Appointment of John Griffin to the Parks & Recreation Commission - Council Member Bessine L. Richard (#4548) [Ward(s): 6] Motion: Approve the appointment of John Griffin to the Parks & Recreation Commission as requested by Council Member Bessine L. Richard. 3E. Mayor's Office Appointment of Maxine Henderson to the Animal Control Commission - Council Member Bessine L. Richard (#4545) [Ward(s): 6] Motion: Approve the appointment of Maxine Henderson to the Animal Control Commission as requested by Council Member Bessine L. Richard. 3F. Mayor's Office Appointment of Tania Johnson to the Community Development Citizen Advisory Committee - Council Member Bessine L. Richard (#4547) [Ward(s): 6] Motion: Approve the appointment of Tania Johnson to the Community Development Citizen Advisory Committee as requested by Council Member Bessine L. Richard. 4. PRESENTATIONS 4A. Introduction of San Bernardino's Tachikawa Sister City exchange students: Kotaro Iwamaru, Kaho Araguchi, and Hana Kumada by Judy Macaulsey -- Honorary Citizens Presentation and Proclamation by Mayor R. Carey Davis 4B. New City Website — Monica Lagos, Manager of Communications 4C. Bankruptcy/Strategic Planning Update -- Management Partners 4D. Chamber of Commerce & Local Elected Officials Announcements Mayor and Common Council of the City of San Bernardino Page 4 Printed 7/12/2016 Joint Regular Meeting Agenda July 18, 2016 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 requests that the item be removed from the Consent Calendar and considered in its normal sequence on the agenda. Public comment on Consent Calendar items is limited to three minutes total per person. There is no limit on the items that can be discussed within the three-minute time limit. Consent calendar items this meeting are numbered 5A through ST. PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council on Consent Calendar items. 5A. City Clerk Waive Full Reading of Resolutions and Ordinances (#4509) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated July 18, 2016. 5B. City Manager An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Chapter 12.21 to the San Bernardino Municipal Code Related to Design - Build Procurement for Public Works Contracts. (FINAL READING) (#4521) [Ward(s): All] Motion: Adopt the Ordinance. 5C. City Manager An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Section 12.24.030 to the San Bernardino Municipal Code Requiring Payment of Prevailing Wages on Public Works Projects. (FINAL READING) (#4522) [Ward(s): All] Motion: Adopt the Ordinance. 5D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Seventh Amendment to the Consultant Services Agreement Between Urban Futures Inc. and the City of San Bernardino. (#4539) [Ward(s): N/A] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 7/1212016 Joint Regular Meeting Agenda July 18, 2016 5E. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Third Amendment to the Consultant Services Agreement with Management Partners, Inc. Regarding the Bankruptcy Recovery Plan. (#4540) [Ward(s): All] Motion: Adopt the Resolution. 5F. Civil Service Personnel Actions - Classified (#4222) [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. 5G. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino Approving Development Code Amendment 16-02 Amending Chapter 19.22 (Sign Regulations) Section 19.22.080 (Off -Site Signs) of the Development Code (Title 19) of the City of San Bernardino Municipal Code. (FINAL READING) (#3809) [Ward(s): All] Motion: Adopt the Ordinance. 5H. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino Approving General Plan Amendment 15-02 to Change the General Plan Land Use Designation of 25.25 Acres from Industrial (Approximately 11.5 Acres) and Open Space (Approximately 14.4 Acres) to Industrial, and Development Code Amendment (Zoning Map Amendment) 15-04 to Change the Zoning District from Industrial Light (IL) (Approximately 7.5 Acres), Office Industrial Park (OIP) (Approximately 4 Acres) and Public Commercial Recreation (PCR) (Approximately 14.4 Acres) to Industrial Light (IL) in Order to Allow the Development and Establishment of an Industrial Warehouse Building Containing Approximately 564,652 Square Feet Located on the Southwest Corner of Waterman Avenue and Dumas Street (FINAL READING) (#4485) [Ward(s): All] Motion: Adopt the Ordinance. Mayor and Common Council of the City of San Bernardino Page 6 Printed 7/12/2016 Joint Regular Meeting Agenda July 18, 2016 51. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Four to the Consultant Services Agreement with Willdan Engineering for Plan Review, Inspection, Stormwater Management, Fire and Life Safety Plan Review, Building Official, and Counter Services. (#4533) [Ward(s): All] Motion: Adopt the Resolution. 5J. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Fall Art Night 2016 as a City Sponsored Event. (#4534) [Ward(s): 1] Motion: Adopt the Resolution. 5K. Finance Approval of Commercial Checks and Payroll Checks (#4527) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 51L. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Classification of Security Officer II, Reclassifying the Classification of Park Ranger to Security Officer II and Deleting the Classification of Park Ranger for the Police Department. (#4528) [Ward(s): All] Motion: Adopt the Resolution. 5M. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Services Agreement and the Issuance of an Annual Purchase Order for Maintenance of the Police Department's Downtown Camera Protection Zone System to CelPlan Inc. (#4515) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 7/12/2016 Joint Regular Meeting Agenda July 18, 2016 5N. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the ArcGIS Enterprise License Agreement No. 2013ELA901 (Resolution 2013-191) and the Issuance of a Purchase Order to Environmental Systems Research Institute for a Three Year ArcGIS Enterprise License Agreement. (#4518) [Ward(s): All] Motion: Adopt the Resolution. 50. 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. (#4529) [Ward(s): All] Motion: Adopt the Resolution. 5P. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Letter of Intent and Contract Agreement Between the City of San Bernardino and KaBOOM! to Build a Playground at Seccombe Lake Park. (#4519) [Ward(s): 1] Motion: Adopt the Resolution. 5Q. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Execution of County Contract 16-389 with the County of San Bernardino Department of Aging and Adult Services (DAAS), Accepting the Proposed Grant Amount of $335,000 for the Period of July 1, 2016 through June 30, 2017 for the Senior Nutrition Program, Appropriate Grant Expenditures, and Issue Annual Food Purchase Orders to Sysco Foods, Merit Day, and Smith Distribution through FY 2016-17. (#4553) [Ward(s): All] Motion: Adopt the Resolution. 5R. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Memorandum of Understanding Between the City of San Bernardino and the City of Fontana Police Department and the San Bernardino County District Attorney's Office for the Implementation of the Bureau of Justice Assistance (BJA) Body -Worn Camera Pilot Implementation Program Grant. (#4490) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 7/12/2016 Joint Regular Meeting Agenda July 18, 2016 5S. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Extension of the Current Contract with Bode Technology Group, Inc., from July 1, 2016, to June 30, 2017, with Two Optional One -Year Renewals and Issuance of a Purchase Order in an Amount Not to Exceed $150,000. (#4531) [Ward(s): All] Motion: Adopt Resolution. 5T. 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 279 East 48Th Street, San Bernardino, California. (#4523) [Ward(s): 4] Motion: Adopt the Resolution. 6. PUBLIC HEARINGS -- TO BE HEARD AT 5:30 P.M. 6A. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino, California Approving General Plan Amendment 16-03 to Change the General Plan Land Use Designation of 11.02 acres from Residential Urban to Residential Medium and Development Code Amendment (Zoning Map Amendment) 15-01 to Change the Zoning District from Residential Urban (RU) to Residential Medium (RM) in Order to Allow the Development, Establishment of Operation of Mary's Village Located on the North Side of Walnut Street Between Pico Avenue and San Marcos Street (FIRST READING); And Resolution of the Mayor and Common Council of the City of San Bernardino, California Adopting a Mitigated Negative Declaration and Approving Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09 to Allow Development, Establishment and Operation of Mary's Village on a Parcel Containing Approximately 11.02 acres Located on the North Side of Walnut Street Between Pico Avenue and San Marcos Street. (#4535) [Ward(s): 3] Mayor to open the hearing... Mayor and Common Council of the City of San Bernardino Page 9 Printed 7/12/2016 Joint Regular Meeting Agenda July 18, 2016 Motion: 1) Close the hearing; 2) Lay over Ordinance (see Attachment 1) for final adoption; and 3) Adopt the Resolution (see Attachment 2) adopting the Mitigated Negative Declaration; and, approving Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09, based upon the recommended Findings of Fact and Conditions of Approval for construction and operation of a residential care facility for men. 6B. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino, California Not Adopting a Categorical Exemption and Denying General Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17 to Change of the General Plan Land Use Designation from Residential Suburban to Residential Medium High -20 and the Zoning District from Residential Suburban (RS) to Residential Medium High -20 (RMH-20) for Three (3) Parcels Containing a Total of Approximately 3.57 Acres in Order to Construct a Planned Unit Development Comprised of Fifty -One (51) Attached Residential Units Located at 4630 N. "F" Street (APN: 0265-191-17, 18 and 34) Within the Sphere of Influence of the Unincorporated Area of the City of San Bernardino. (#4536) [Ward(s): 4] Mayor to open the hearing... Motion: 1) Close the hearing; and 2) Adopt the Resolution (see Attachment 1) not adopting the Categorical Exemption; and, denying General Plan Amendment 16- 02 and Development Code Amendment (Zoning Map Amendment) 14-17, based upon the recommended Findings of Fact. 7. STAFF REPORTS 7A. City Manager Discussion Regarding Opinion Polling for Marijuana Ballot Measures (#4544) [Ward(s): All] Motion: Discuss and file. Mayor and Common Council of the City of San Bernardino Page 10 Printed 7/12/2016 Joint Regular Meeting Agenda July 18, 2016 7B. Community Development Discuss and Take Possible Action on the Baseball Stadium Lease Renewal (#4541) [Ward(s): 1] Motion: Discuss lease extension options and provide direction to staff. 7C. Council Office League of California Cities Mayors & Council Members Executive Forum and Advanced Leadership Workshops (#4538) [Ward(s): All] Motion: Receive and file. 7D. Finance Receive and File the Financial Audit Report for Fiscal Year Ending June 30, 2014 (#4532) [Ward(s): N/A] Motion: Receive and file. 7E. Mayor's Office 2016 U.S. Conference of Mayors Update - Mayor R. Carey Davis (#4557) [Ward(s): N/A] Motion: Receive and file. 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. ANNOUNCEMENTS BY MAYOR, COUNCIL AND EXECUTIVE STAFF 11. ADJOURNMENT 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 1, 2016, 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 11 Printed 7/12/2016 Joint Regular Meeting Agenda July 18, 2016 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 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 12 Printed 7/12/2016