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Home My WebLink About07-05-2016 Jt. Reg Mtg AgendaCITY 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 TUESDAY, JULY 5, 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 Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine L. Richard ;OUiv.CIL ME�VIBE- WARD 6 R. Carey Davis Janes L. Mulvihill Mark Scott Gary D. Saenz Georgeann "Gigi" Hanna David Kennedy 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 tohtto://www.sbcitV.o . o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda July 5, 2016 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 Bessine L. Richard ❑ ❑ ❑ 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; Inland Valley Development Agency, the successor agency to the Inland Valley Development Agency, a joint powers authority/federal base reuse authority, et al. v. Michael Cohen - Sacramento Superior Court, Case No. 34-2016-80002374; LYU Development v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS1511003; People of the State of California v. Kush Concepts Collective, et al. - San Bernardino Superior Court, Case No. CIVDS 1516185. 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). Mayor and Common Council of the City of San Bernardino Page 2 Printed 6/27/2016 Joint Regular Meeting Agenda July 5, 2016 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: Property Address: 280 S. "E" Street, San Bernardino, CA 92401 Negotiating Parties: Mark Scott, City Manager David Elmore and Joe Hudson - Inland Empire 66ers 2. CLOSED SESSION REPORT 3. APPOINTMENTS 3A. Mayor's Office Appointment of Andrea Price to the Human Relations Commission - Council Member Henry Nickel (At Meeting of June 20, 2016, Item Continued to July 5, 2016) (#4492) [Ward(s): 5] Motion: Approve the appointment of Andrea Price to the Human Relations Commission as requested by Council Member Henry Nickel. 3B. Mayor's Office Appointment of Russell R. Fritz to the Board of Police Commissioners as an Alternate - Mayor R. Carey Davis (#4506) [Ward(s): ] Motion: Approve the appointment of Russell R. Fritz to the Board of Police Commissioners as an alternate as requested by Mayor R. Carey Davis. 3C. Mayor's Office Appointment of Kelsey English to the Animal Control Commission as an Alternate - Mayor R. Carey Davis (#4505) [Ward(s): ] Motion: Approve the appointment of Kelsey English to the Animal Control Commission as an alternate as requested by Mayor R. Carey Davis. Mayor and Common Council of the City of San Bernardino Page 3 Printed 6/27/2016 Joint Regular Meeting Agenda July 5, 2016 3D. Mayor's Office Appointment of Hector Perez to the Measure "Z" Citizens Oversight Committee - Council Member Benito Barrios (#4504) [Ward(s): 2] Motion: Approve the appointment of Hector Perez to the Measure "Z" Citizens Oversight Committee as requested by Council Member Benito Barrios. 4. PRESENTATIONS 4A. Introduction of Mexican Consul Salomon Rosas Ramirez -- Mayor Davis 4B. Service Council Update — Rev. George Honn — Council Member Valdivia 4C. Bankruptcy/Strategic Planning Update -- Management Partners 4D. Chamber of Commerce & Local Elected Officials 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 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 5A through SQ. 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 (#4489) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated July 5, 2016. 5B. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Establishing, Reclassifying and Deleting Various Classifications, and Approving Salary Adjustments for Fiscal Year 2016-2017. (#4525) [Ward(s): N/A] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 6/27/2016 Joint Regular Meeting Agenda July 5, 2016 5C. Civil Service Personnel Actions - Classified (#4221) [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. Finance Approval of Commercial Checks and Payroll Checks (#4498) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5E. Human Resources Personnel Actions - Unclassified (#4508) [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. 5F. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between ProStaff, LLC and the City of San Bernardino. (#4514) [Ward(s): All] Motion: Adopt the Resolution. 5G. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Sixth 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. (#4513) [Ward(s): All] Motion: Adopt the Resolution. 5H. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Purchase Order to Frontier Communications for Centranet and Landline Telephone Service. (#4502) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 6/27/2016 Joint Regular Meeting Agenda July 5, 2016 51. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Services Agreement with Accela, Inc. for Permit Application Maintenance Services. (#4501) [Ward(s): All] Motion: Adopt the Resolution. 5J. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Purchase of a Mobile Observation Safety Tower Funded by the 2015 Urban Area Security Initiative (UASI) Grant. (#4429) [Ward(s): All] Motion: Adopt the Resolution. 5K. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of Funds from the Department of Resources Recycling and Recovery (CalRecycle) City/County Payment Program Application FY 14/15 into FY 2016-17 Budget. (#4420) [Ward(s): All] Motion: Adopt the Resolution. 5L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of Recycling Rebate Funds from the Department of Resources Recycling and Recovery (CalRecycle) from Calendar Year 2014 Received in FY 2015-16. (#4422) [Ward(s): All] Motion: Adopt the Resolution. 5M. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Issue a Notice of Intent (NOI) to Create a Quiet Zone Along the Railroad Line Being Constructed by the Downtown San Bernardino Passenger Rail Project (DSBPRP) and Directing the City Manager to Execute a Notice of Quiet Zone Establishment at the Time and in a Form Set by 49 CFR §222. (#4494) [Ward(s): 1,3] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 6/27/2016 Joint Regular Meeting Agenda July 5, 2016 5N. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Two to the Vendor Service Agreement with Fleet Pride. (#4437) [Ward(s): All] Motion: Adopt the Resolution. 50. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of Oil Payment Program Application and Accepting Funds from the Department of Resources Recycling and Recovery (CalRecycle). (#4487) [Ward(s): All] Motion: Adopt the Resolution. 5P. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Confirming the 2016/2017 Assessment Rolls for Various Assessment Districts Located Within the City of San Bernardino. (#4493) [Ward(s): All] Motion: Adopt the Resolution. 5Q. Treasurer's Office Resolution of the Mayor and Common Council of the City of San Bernardino Acknowledging the Receipt and Filing of the Annual Statement of Investment Policy for the Period July 1, 2016 through June 30, 2017. (#4474) [Ward(s): N/A] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 6/27/2016 Joint Regular Meeting Agenda July 5, 2016 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 16-02 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. (FIRST READING); And Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Categorical Exemption and Approving Conditional Use Permit 16-03 and a License Agreement to Allow the Development, Establishment and Operation of a Freestanding Freeway -Oriented Electronic Message Center Sign Located at 1630 S. "E" Street (APN: 0141-253-02) Within the Commercial General (CG -1) Zone. (#3809) [Ward(s): All] Mayor to open the hearing... 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 Categorical Exemption; and, approving Conditional Use Permit 16-03 and License Agreement (see Attachment 3), based upon the recommended Findings of Fact and Conditions of Approval. Mayor and Common Council of the City of San Bernardino Page 8 Printed 6/27/2016 Joint Regular Meeting Agenda July 5, 2016 6B. 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 (FIRST READING); And, Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Mitigated Negative Declaration and Approving Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type -D 15-11 to Allow the Development and Establishment of an Industrial Warehouse Building Containing Approximately 564,652 Square Feet, Along with the Construction of the Required On -Site and Off -Site Improvements, on a Parcel Containing Approximately 25.25 Acres Located on the Southwest Corner of Waterman Avenue and Dumas Street (APN'S: 0141-431-01, 02, 03, 04, 08, 09, 10, 11, 12, 16, 20 and 21) Within the Industrial Light (IL) Zone.(#4485) [Ward(s): All] Mayor to open the hearing... 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 15-05 (Tentative Parcel Map 19692) and Development Permit Type -D 15-11, based upon the recommended Findings of Fact and Conditions of Approval. Mayor and Common Council of the City of San Bernardino Page 9 Printed 6/27/2016 Joint Regular Meeting Agenda July 5, 2016 7. STAFF REPORTS 7A. City Clerk Consideration of the San Bernardino Regulate Marijuana Act of 2016 and Either Pass Said Ordinance Without Alteration or Call a Special Election to be Set for November 8, 2016 in the Presidential Election Conducted by the County of San Bernardino and Authorizing the Prepayment of the Costs for the Said Election to the County of San Bernardino. (#4526) [Ward(s): All] Motion: The Mayor and Common Council hereby pass the San Bernardino Regulate Marijuana Act of 2016 as presented by the Petitioners without alteration and do hereby enact the addition of Chapter 19.420 of the San Bernardino Municipal Code. OR The Mayor and Common Council call for a Special Election at which the San Bernardino Regulate Marijuana Act of 2016, without alteration, will be submitted to a vote of the people during the Presidential Primary Election held on November 8, 2016 Conducted by the County of San Bernardino and Authorizing prepayment of the costs for said election to the County of San Bernardino. 713. 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. (FIRST READING) (#4521) [Ward(s): All] Motion: Lay over Ordinance for final adoption. 7C. 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. (FIRST READING) (#4522) [Ward(s): All] Motion: Lay over Ordinance for final adoption. Mayor and Common Council of the City of San Bernardino Page 10 Printed 6/27/2016 Joint Regular Meeting Agenda July 5, 2016 7D. City Manager An Urgency 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. (URGENCY) (#4520) [Ward(s): All] Motion: Adopt the Ordinance. 7E. Council Office Discuss and Take Possible Action Regarding an Ordinance Adding Chapter 3.82 of Title 3 of the San Bernardino Municipal Code Imposing a Business Tax on Cannabis Businesses and Commercial Cannabis Activities; Adding Chapter 5.04.655 of Title 5 to Designate Business Registration Fees for Cannabis Businesses; Repealing Chapter 5.05 of Title 5 and Chapter 19.06.026 of Title 19 Pertaining to Medical Marijuana Dispensaries; and Adding Chapter 5.86 of Title 5 Pertaining to Cannabis Business Regulations. (#4512) [Ward(s): All] Motion: Direct the City Attorney to update an ordinance regarding medical marijuana. 7F. Council Office Polling Citizens Regarding Medical Marijuana (#4511) [Ward(s): All] Motion: Direct the City Manager to Conduct an Opinion Poll of the Citizens of the City of San Bernardino to get an understanding of opinions regarding medical marijuana. 7G. Council Office Update of the 2016 NUSA (Neighborhoods, USA), 41St Annual Conference on Neighborhood Concerns, May 25-28, 2016, Memphis, Tennessee Attended by Mayor Pro Tempore/3Rd Ward Council Member John Valdivia, and 5Th Ward Council Member Henry Nickel (#4510) [Ward(s): All] Motion: Receive and file. 7H. Mayor's Office Resolution of the Mayor and Common Council of the City of San Bernardino Directing the City Attorney to Conduct an Impartial Analysis on the Marijuana Initiative and Directing the City Manager to Conduct an Analysis on the Potential Operational Impacts in Regard to the Marijuana Initiative. (#4517) [Ward(s): N/A] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 11 Printed 6/27/2016 Joint Regular Meeting Agenda July 5, 2016 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 Adjourn the meeting to 5:30 p.m., Wednesday, July 13, 2016, in the Council Chamber of City Hall, 300 N. "D" Street, San Bernardino, California, for th second public hearing about the proposed Charter. 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, July 18, 2016, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. 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 6/27/2016