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Home My WebLink About09-06-2016 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 HOUSING AUTHORITY TUESDAY, SEPTEMBER 6, 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 MEMBER, WARD 1 Benito Barrios COUNCIL MEMBER, WARD 2 John Valdivia COUNCIL MEMBER, WARD 3 Fred Shorett COUNCIL MEMBER, WARD 4 Henry Nickel COUNCIL MEMBER, WARD 5 Bessine L. Richard COUNCIL MEMBER, WARD 6 R. Carey Davis INEV mo James L. Mulvihill COUNCIL MEMBER, WARD 7 Mark Scott CITY MANAGER Gary D. Saenz CITY ATTORNEY Georgeann "Gigi" Hanna CITY CLERK David Kennedy CITY TREASURER 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 must be turned in to the City Clerk by 4:30 pm the day of the meeting. 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 6 -minute -per -person time limit for all comments, excluding public hearings. 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 htto://www. sbcity. org. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda September 6, 2016 .03_\��tiIe7 77:7 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 I ❑ ❑ ❑ Council Member, Ward 5 Henry Nickel ❑ ❑ ❑ Council Member, Ward 6 Bessine L. Richard L. ❑ ❑ ❑ Council Member, Ward 7 James Mulvihill ❑� ❑ ❑ f 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; People of the State of California v. House of Kush - San Bernardino Superior Court, Case No. CIVDS 1518733; People of the State of California v. Kush Concepts Collective (Bixler), et al. - San Bernardino Superior Court, Case No. CIVDS 1516185; Reginald Peralta v. City of San Bernardino - U. S. District Court, Case No. EDCV 12-2126 VAP (DTBx); Glen Aire Mobilehome Park, et al. v. City of San Bernardino, et al., - San Bernardino Superior Court, Case No. CIVDS 1114110; Castaneda v. City of San Bernardino, et al. - U. S. District Court, Case No. CV15-00910; Matthew Sharkey, et al. v. Public Safety Academy. - San Bernardino Superior Court, Case No. CIVDS 1015386; Mayor and Common Council of the City of San Bernardino Page 2 Printed 8/31/2016 Joint Regular Meeting Agenda September 6, 2016 Richard Everett v. City of San Bernardino - WCAB Case No. ADJ3138651, ADJ4186452 and ADJ9878260; Richard Lewis v. City of San Bernardino - WCAB Case No. ADJ8242188 and ADJ8113168; Michella Roan v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1413046; Californians for Responsible Government v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1613014; Siobhan Sansone v. City of San Bernardino, et al. - U. S. District Court, Case No. CV15-01009. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2). One (1) Item C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4). City v. US Bank City v. Chinn 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 Mr. Gil J. Botello to the Fine Arts Commission - Council Member Virginia Marquez. [Ward(s): ] Motion: Approve the appointment of Mr. Gil J. Botello to the Fine Arts Commission as requested by Council Member Virginia Marquez. Mayor and Common Council of the City of San Bernardino Page 3 Printed 8/31/2016 Joint Regular Meeting Agenda September 6, 2016 3B. Mayor's Office Appointment of Ms. Linda Hart to the Human Relations Commission - Council Member Bessine L. Richard. [Ward(s): ] Motion: Approve the appointment of Ms. Linda Hart to the Human Relations Commission as requested by Council Member Bessine L. Richard. 3C. Mayor's Office Appointment of Mr. Larry R. Quiel to the Planning Commission - Council Member Fred Shorett. [Ward(s): ] Motion: Approve the appointment of Mr. Larry R. Quiel to the Planning Commission as requested by Council Member Fred Shorett. 4. PRESENTATIONS 4A. Proclamation of Appreciation — Stater Brothers 80th Anniversary — Mayor R. Carey Davis 4B. Proclamation Designating September as "Childhood Cancer Awareness Month" — Mayor R. Carey Davis 4C. SBD Fest SB Strong Plane Pull — Mark Gibbs, Director of Aviation, & Catherine Pritchett 4D. Boy Scouts of America — California Inland Empire Council — Ricci Dula, District Director — Council Member Valdivia 4E. California Law Enforcement Challenge — CHP Inland Division Chief Bill Dance — Chief Jarrod Burguan 4F. Bankruptcy/Strategic Planning Update -- Management Partners 4G. Chamber of Commerce & Local Elected Officials Announcements PUBLIC COMMENTS FOR ITEMS LISTED ON THIS AGENDA A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council on any item on the agenda, excluding public hearings. There is no limit to the number of items that may be discussed within the three-minute time limit. To be called on by the Mayor, please turn in speaker slips to the City Clerk by 4:30 p.m. the day of the meeting. Mayor and Common Council of the City of San Bernardino Page 4 Printed 8/31/2016 Joint Regular Meeting Agenda September 6, 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. 5A. City Clerk Waive Full Reading of Resolutions and Ordinances (#4605) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated September 6, 2016. 5B. City Clerk Council Minutes for July 2016 [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council meetings of July 5, 2016; July 13, 2016; and July 18, 2016, as submitted. 5C. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Fine Arts Commission Grant Recipient Agreement with Micah Escamilla for Faces of San Bernardino Project (#4629) [Ward(s): All] Motion: Adopt the Resolution. 5D. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Professional Services Agreement with Cota Cole LLP. [Ward(s): All] Motion: Adopt the Resolution. 5E. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Submittal of the Fiscal Year (FY) 2015-2016 Consolidated Annual Performance and Evaluation Report to the United States Department of Housing and Urban Development (HUD) [Ward(s): N/A] Motion: 1. Receive public comment on the activities reported on Fiscal Year (FY) 2015-2016 Consolidated Annual Performance Evaluation Report (CAPER); and Mayor and Common Council of the City of San Bernardino Page 5 Printed 8/31/2016 Joint Regular Meeting Agenda September 6, 2016 2. Authorize the City Manager to submit the CAPER to the United States Department of Housing and Urban Development (HUD) prior to September 30, 2016; and 3. Adopt the attached Resolution approving the FY 2015-2016 CAPER. 5F. Civil Service Personnel Actions - Classified (#4225) [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 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement with MIG/Hogle- Ireland for the Preparation of the Comprehensive Signage Regulations Update. (#4610) [Ward(s): All] Motion: Adopt the Resolution. 5H. Council Office Discuss and Take Possible Action Regarding Tow Services Agreement Amendment [Ward(s): ] Motion: Direct the City Attorney to prepare an amendment to the Tow Services Agreement adding Recital Subsection E. "City shall not pursue the establishment of an impound yard" as stated in the original agreement. 51. Council Office Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance to Issue a Purchase Order to Out of the Box Printing/R81 in the Amount of $5,000.00 for Military Banners. (#4612) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 8/31/2016 Joint Regular Meeting Agenda September 6, 2016 5J. Finance Approval of Commercial Checks and Payroll Checks (#4599) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5K. Human Resources Personnel Actions - Unclassified (#4607) [Ward(s): All] Motion: Approve the unclassified personnel actions, as submitted by the Interim Director of Human Resources, in accordance with City policies and procedures. 5L. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Approving Employer Paid Health Benefit Contributions for Benefit Plan Year 2017 and Election of the Mayor and Common Council to Receive the Same Benefit Plan as the Management / Confidential Bargaining Unit. (#4591) [Ward(s): All] Motion: Adopt the Resolution. 5M. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing One (1) Chief Deputy City Clerk (U) and Approving the Job Description; Adding One (1) Chief Deputy City Clerk (U) to the City's Clerk's Table of Organization; and Deleting One (1) Deputy City Clerk (U) from the City's Clerk's Table of Organization. (#4604) [Ward(s): All] Motion: Adopt the Resolution. 5N. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee Effective August 1, 2016 [Ward(s): All] Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 8/31/2016 Joint Regular Meeting Agenda September 6, 2016 50. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Finance Director to Allocate Unappropriated Senior Services Trust Account Revenue (Donation/Fundraiser) to the Parks, Recreation and Community Services Department General Fund Expenditure Accounts for Senior Services in the Amount of $13,400. [Ward(s): All] Motion: Adopt Resolution. 5P. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submission of an Application for and Accepting a Contribution Sponsorship from Kaiser Permanente Operation Splash Fontana Community Benefit Grant Program, and Appropriating Additional General Fund Expenditures in the Amount of $15,000 for the 2016-17 Summer Aquatics Programs. (#4598) [Ward(s): All] Motion: Adopt the Resolution. 5Q. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing to Transfer and Recognize $38,714.13 from Account 772-2327.212 to Revenue Account 001-210-0000*4690 and Appropriate $38,714.13 to the FY 2016/2017 Budget, and Issue a Purchase Order to West Coast Lights and Sirens (#4589) [Ward(s): All] Motion: Adopt the Resolution. 5R. Police Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of an Application for an Enhanced Collaborative Model to Combat Human Trafficking Grant from the Office of Justice Programs, Bureau of Justice Assistance, in the Amount of $900,000 and Authorizing the Police Department to Accept and Administer the Grant If Awarded (#4606) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 8/31/2016 Joint Regular Meeting Agenda September 6, 2016 5S. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Accepting the Active Transportation Program Cycle 2 Grant in the Amount of $2,090,489 for Project ATP -5033(053) and Directing that the Project be Added to the FY 2016/17 Capital Improvement Program. (#4575) [Ward(s): 2, 3, 4] Motion: Adopt the Resolution. 5T. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving Amendment No. 1 to Cooperative Agreement No. 16-1001335 with the San Bernardino County Transportation Commission (Authority) for the Interstate 215/University Parkway Interchange Project (Ss04-019). (#4595) [Ward(s): 5, 6] Motion: Adopt the Resolution. 5U. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Memorandum of Understanding No. 17- 1001586, to Issue a Notice of Intent (Noi) to Create a Quiet Zone Along the Metrolink Line Known as the Shortway Subdivision and to Execute a Notice of Quiet Zone Establishment at the Time and in a Form Set by 49 Cfr §222. (#4597) [Ward(s): 3] Motion: Adopt the Resolution. 5V. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract in the Amount of $263,250 to Leonida Builders Inc., Per Plan No. 13076 (SS -P) for Construction of Annual Concrete Repairs - Citywide. (#4587) [Ward(s): All] Motion: Adopt the Resolution. 5W. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Rejecting Bids on RFP F-16-10, Pursuant to 3.04.070(E) of the Municipal Code for Sewer Main Line Repair Services. [Ward(s): None] Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 8/31/2016 Joint Regular Meeting Agenda September 6, 2016 5X. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Rejecting Bids on RFP F-16-11, Pursuant to 3.04.070(E) of the Municipal Code for Sewer Manhole Cover Replacement Services. (4618) [Ward(s): None] Motion: Adopt Resolution. 5Y. Water Resolution of the Mayor and Common Council of the City of San Bernardino Declaring Its Intention to Reimburse Certain Expenditures from the Proceeds of One or More Tax -Exempt Bond Financings, as Required by United States Department of Treasury Regulations Section 1.150-2; and Authorizing Certain Other Actions in Connection Therewith. (#4596) [Ward(s): N/A] 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 Approving Development Code Amendment 16-04 Amending Chapter 19.22 (Sign Regulations), Section 19.22.030 (Definitions) and Section 19.22.150(C)(3) (Multi - Tenant Centers) of the Development Code (Title 19) of the San Bernardino Municipal Code. (FIRST READING) (#4611) and Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Categorical Exemption and Approving the Amendment to Sign Program 15-04 to Allow More Than Three (3) Tenant Panels for the Pylon Signs Located at 1831 W. Northpark Boulevard (APN: 0151-361-43) Within the Commercial General -University Village (CG -3) Zone. [Ward(s): All] Mayor to Open the Public Hearing... Motion: 1) Close the Public Hearing; 2) Lay over Ordinance for final adoption; and 3) Adopt Resolution adopting the Categorical Exemption; and, approving the amendment to Sign Program 15-04, based upon the recommended Findings of Fact and Conditions of Approval. Mayor and Common Council of the City of San Bernardino Page 10 Printed 8/31/2016 Joint Regular Meeting Agenda September 6, 2016 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. (At Meeting of July 18, 2016, Item Continued to September 6, 2016) (#4536) [Ward(s): 4] Mayor to open the hearing... Motion: Continue the hearing to September 19, 2016. 7. STAFF REPORTS 7A. Public Works Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Chapter 10.52 of the San Bernardino Municipal Code to Update Existing Speed Zones City Wide. (FINAL READING) (#4516) [Ward(s): All] Motion: Adopt Ordinance. 8. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 9. ITEMS TO BE REFERRED TO COUNCIL COMMITTEES 10. ANNOUNCEMENTS BY ELECTED OFFICIALS & 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, September 19, 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 8/31/2016 Joint Regular Meeting Agenda September 6, 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 8/31/2016