HomeMy WebLinkAbout11-07-2016 Jt. Reg 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; AND THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT
POWERS FINANCING AUTHORITY
MONDAY, NOVEMBER 7, 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
MAYOR
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 You may email your request to speak to publiccomments@sbcit.00rg if you cannot turn it in in person prior to
4:30 pm.
o Public comments for agenda items that are not public hearings 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
http://www. sbcitV. orp.
o Please turn off or mute your cell phone while the meeting is in session.
Joint Regular Meeting Agenda November 7, 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
❑
❑
❑
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
Enrique Savoeurn v. C. Lariz, et al. - San Bernardino Superior Court,
Case No. CIVDS1602471;
Xaver Priest v. City of San Bernardino - San Bernardino Superior
Court, Case No. CIVDS1400457;
Jose Zamora, et al. v. 9 Unidentified San Bernardino City Police
Officers, et al. - San Bernardino Superior Court, Case No.
CIVDS1513869;
Rogelio Quiroga v. Officer J. Betts - United States District Court,
Case No. CV11-02029 VAP (DTBx);
Corey Day v. City of San Bernardino, et al. - United States District
Court, Case No. CV13-00362 JGB (SP);
Mayor and Common Council of the City of San Bernardino Page 2 Printed 11/3/2016
Joint Regular Meeting Agenda November 7, 2016
2.
3.
4.
4A.
4B.
4C.
Michael Street v. City of San Bernardino, et al. - San Bernardino
Superior Court, Case No. CIVDS910518.
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. Estela Garibay
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.
CLOSED SESSION REPORT
APPOINTMENTS
PRESENTATIONS
Special Recognition — Adam Lunt — Mayor R. Carey Davis
Resolution Recognizing Steve and Linda Sutherland — Retiring from "Fun
Corner" — Council Member Barrios
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 3 Printed 11/3/2016
Joint Regular Meeting Agenda November 7, 2016
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. If you wish, you may email your
speaking request publiccomments(aD-sbcity.org prior to the beginning of the meeting.
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 those three minutes.
5A. CITY CLERK
Waive Full Reading of Resolutions and Ordinances (#4693) [Ward(s): All]
Motion: Waive full reading of resolutions and ordinances on the agenda
dated November 7, 2016.
5113. City Clerk
Council Minutes -- October 17, 2016 (#4687) [Ward(s): N/A]
Motion: Approve the minutes of the Mayor and Common Council meeting of
October 17, 2016, as submitted.
5C. 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 Council of the City of San Bernardino Page 4 Printed 11/3/2016
Joint Regular Meeting Agenda November 7, 2016
bi
5E.
5F.
5G.
5H.
Community Development
Ordinance of the Mayor and Common Council of the City of San Bernardino
Approving Development Code Amendment 16-06 Amending Chapter 19.06
(Commercial Zones) Section 19.06.030(2)(Q) (Development Standards)(Specific
Standards for Commercial Zones) (Recycling Facilities for Reusable Domestic
Containers) of the Development Code (Title 19) of the San Bernardino Municipal
Code to Establish Development Standards and an Approval Process for
Unattended Collection Boxes or Similar Structures in Non -Residential Zoning
Districts. (FINAL READING) (#4609 and #4718) [Ward(s): All]
Motion: Adopt the Ordinance.
Community Development
Resolution of the Mayor and Common Council of the City of San Bernardino
Accepting a Grant in the Amount of $398,200 from the California Department of
Housing and Community Development for an On -Site Community Center at
Waterman Gardens. (#4655) [Ward(s): All]
Motion: Adopt the Resolution.
Community Development
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a Mills Act Preservation Agreement with Samuel
Harvey and Erin Chester -Harvey for the Property Located at 515 W. 21 St Street,
San Bernardino. (#4697) [Ward(s): 2]
Motion: Adopt the Resolution.
Community Development
Resolution of the Mayor and Common Council of the City of San Bernardino
Confirming Costs of Abatement of Public Nuisances and Imposing Liens on
Certain Real Property Located Within the City of San Bernardino for the Costs of
Abatement. (#4659) [Ward(s): All]
Motion: Adopt the Resolution.
FinanrP
Approval of Commercial Checks and Payroll Checks (#4685) [Ward(s): All]
Motion: Approve the claims and payroll and authorize the issuance of
warrants as listed.
Mayor and Common Council of the City of San Bernardino Page 5 Printed 11/3/2016
Joint Regular Meeting Agenda November 7, 2016
51. Finance
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of Amendment No. 1 to the Agreement Between the
City of San Bernardino and Revenue and Cost Specialists, LLC. for a Cost
Allocation Plan and User Fee Study. (#4704) [Ward(s): ]
Motion: Adopt the Resolution.
5J. Human Resources
Personnel Actions - Unclassified (#4682) [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.
5K. Human Resources
Resolution of the Mayor and Common Council of the City of San Bernardino
Establishing Salaries for Police Department Ranges P-4 (Lieutenant), P-5
(Captain), P-6 (Assistant Chief) and P-7 (Chief) August 1, 2016. (#4671)
[Ward(s): ]
Motion: Adopt the Resolution.
51L. Human Resources
Resolution of the Mayor and Common Council of the City of San Bernardino
Establishing the Classification of Community Engagement Specialist,
Reclassifying the Classification of Community Engagement Officer to Community
Engagement Specialist and Deleting the Classification of Community
Engagement Officer for the Police Department. (#4672) [Ward(s): ]
Motion: Adopt the Resolution.
5M. Human Resources
Resolution of the Mayor and Common Council of the City of San Bernardino
Establishing the Classification of Procurement/Contract Support Services
Division Manager (U) and Approving the Job Description; Reclassifying
Purchasing Manager to Procurement/Contract Support Services Division
Manager (U); and Deleting the Purchasing Manager Classification. (#4707)
[Ward(s): All]
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 6 Printed 11/3/2016
Joint Regular Meeting Agenda November 7, 2016
50.
�-U
5R.
Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute a Lease Agreement and Authorizing the
Issuance of a Purchase Order to Chase Financial Services for a Parking Lot
Lease. (#4681) [Ward(s): All]
Motion: Adopt the Resolution.
Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of the Second Three -Year Extension of the Alarm
Administration Services Agreement Between PMAM Corporation and the City of
San Bernardino. (#4684) [Ward(s): All]
Motion: Adopt the Resolution.
Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Receipt, Obligation, and Appropriation of the Allocated FY
2016/2017 Justice Assistance Grant (JAG) Funds and Execution of a JAG Sub
Award Grant Agreement Between the City of San Bernardino and County of San
Bernardino. (#4701) [Ward(s): All]
Motion: Adopt the Resolution.
Public Works
Ordinance of the Mayor and Common Council of the City of San Bernardino
Amending the San Bernardino Municipal Code, Title 8, Health and Safety, Article
24 Entitled "Refuse and Solid Waste", Incorporating and Repealing Article 8.24.5
Entitled "Construction and Demolition Waste Recycling Program" and Article
8.25, Entitled "Scrap Tires." (FINAL READING) (#4678 and #4719) [Ward(s):
All]
Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing and Directing the City Manager to Execute a Lease Agreement
Between the City of San Bernardino and Los Angeles Smsa Limited Partnership
(Dba Verizon Wireless) for the Lease of City Owned Property at Nicholson Park.
(#4555) [Ward(s): 6]
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 7 Printed 11/3/2016
Joint Regular Meeting Agenda November 7, 2016
5S. Public Works
5T.
5U.
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing and Directing the City Manager to Execute a Lease Agreement
Between the City of San Bernardino and Los Angeles SMSA Limited Partnership
(Dba Verizon Wireless) for the Lease of City Owned Property at Speicher
Memorial Park. (#4580) [Ward(s): 7]
Motion: Adopt the Resolution.
Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a Second Amendment to the Vendor Services
Agreement with West Coast Arborists, Inc. for Tree Trimming Services. (#4658)
[Ward(s): ]
Motion: Adopt the Resolution.
Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of Amendment No. 4 to Lease RL 2470 with
Metropolitan Water District of Southern California, Regarding Assessment
District No. 1055 in the Pine Avenue and Redwood Street Area, Tract No. 17716.
(#4608) [Ward(s): 5]
Motion: Adopt the Resolution.
Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of Cooperative Agreement No. 16-1001398 Between
San Bernardino Associated Governments (Sanbag) and the City of San
Bernardino for San Bernardino Valley Coordinated Traffic Signal System
Operation and Maintenance (Local Agency Retiming) (#4588) [Ward(s): All]
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 8 Printed 11/3/2016
Joint Regular Meeting Agenda November 7, 2016
1.1
[1-Y_1
7
7A.
7B
PUBLIC HEARINGS -- TO BE HEARD AT 5:30 P.M.
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 Parcels Containing a Total of Approximately 3.57 Acres in Order to
Construct a Planned Unit Development Comprised of 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]
Motion: 1) Close the Public Hearing;
2) Adopt Resolution (please 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.
STAFF REPORTS
City Attorney
An Ordinance of the Mayor and Common Council of the City of San Bernardino
Amending Chapter 8.90 Related to Mobile Home Rents. (FIRST READING)
(#4702) [Ward(s): All]
Motion: Lay over Ordinance for final adoption.
City Manager
Resolution of the Governing Board of the San Bernardino Joint Powers Financing
Authority Authorizing the Sale and Issuance of the San Bernardino Joint Powers
Financing Authority Lease Revenue Refunding Bonds (Rosa Parks Memorial
State Office Building) 2016 Series A; Approving the Forms and Authorizing the
Execution and Delivery of an Indenture, an Amended and Restated Lease
Purchase Agreement, and an Escrow Agreement; Approving the Forms of a
Continuing Disclosure Agreement and Notice of Sale; Approving the Form of and
Authorizing the Delivery of a Preliminary Official Statement and an Official
Statement; and Approving Other Related Actions (#4708) [Ward(s): 1]
Motion: Adopt the Resolution and authorize all additional actions necessary
to accomplish the purposes of the Resolution.
Mayor and Common Council of the City of San Bernardino Page 9 Printed 11/3/2016
Joint Regular Meeting Agenda November 7, 2016
7C. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino
Approving a Lease Agreement with the Inland Empire 66Ers Baseball Club of
San Bernardino, Inc. for the Property Located at 280 South "E" Street, San
Bernardino, California and Approving Certain Related Actions. (#4722) [Ward(s):
1]
Motion: Adopt the Resolution.
7D. Council Office
2016 American Planning Association California Conference (#4703) [Ward(s):
All]
Motion: Receive and file.
7E. Council Office
2016 League of California Cities Annual Conference & Expo Reports by Council
Members Marquez, Barrios, Valdivia and Nickel (#4705) [Ward(s): All]
Motion: Receive and file.
7F. Council Office
Homelessness Task Force Ad Hoc Committee (#4706) [Ward(s): N/A]
Motion: Create a Homelessness Task Force Ad Hoc Committee and
appoint Council Members Nickel, Valdivia and Richard to the
committee.
7G. Water
Resolution of the Common Council of the City of San Bernardino (1) Approving
the Issuance of Not to Exceed $45,000,000 Aggregate Principal Amount of
Sewer Revenue Bonds, Series 2016 (City of San Bernardino Sewer Facilities
Project) of the California Municipal Finance Authority; (Ii) Approving the Form of
an Indenture of Trust and Authorizing the Execution and Delivery of an
Installment Purchase Agreement, a Continuing Disclosure Agreement, a Bond
Purchase Agreement and Other Related Documents; (Iii) Approving the Delivery
of an Official Statement; and (Iv) Approving Certain Actions in Connection
Therewith (#4709) [Ward(s): N/A]
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 10 Printed 11/3/2016
Joint Regular Meeting Agenda November 7, 2016
8. ITEMS TO BE RECONSIDERED
8A. Council Office
Discuss and Take Possible Action Regarding the Reconsideration of General
Plan Amendment 16-03 and Development Code Amendment 15-01 for Mary's
Village a Men's Residential Complex for Up to 85 Residents. (#4715) [Ward(s): ]
Motion: Direct staff to publish a new public hearing notice for
reconsideration of General Plan Amendment 16-03 and
Development Code Amendment 15-01.
9. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
10. ITEMS TO BE REFERRED TO COUNCIL COMMITTEES
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, November 21, 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 11/3/2016
Joint Regular Meeting Agenda November 7, 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 11/3/2016