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Home My WebLink About12-05-2016 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, DECEMBER 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 COUNCIL MEMBER, WARD'I Benito Barrios COUNCIL MFMRFR, 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(o)_sbcity.org if you cannot turn it in in person prior to 4:30 pm. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. 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. orq. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda December 5, 2016 CALL TO ORDER 1 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 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 Gilbert Mc Cory v. City of San Bernardino - United States District Court, Case No. CV15-01567 JGB (DTBx); Shirley Allen v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS1500485. 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. Zubiate One item Mayor and Common Council of the City of San Bernardino Page 2 Printed 11/30/2016 Joint Regular Meeting Agenda December 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: 904 S. Foisy Street (APN 0280-131-23) Negotiator: Mark Scott K _1 a as] 1►111►yi1:4Z11&1 E, zi +1=1Z11i_1%I[sL6y 4A. Proclamation Designating December 5, 2016 as Jack Hill Day — Council Member Mulvihill 4B. Presentation to First Responders (Military Veterans) of December 2, 2015 — Fine Arts Commission and Quilts of Valor Program 4C. Bankruptcy/Strategic Planning Update -- Management Partners 4D. 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 individual 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(c sbcit.00rg prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. Mayor and Common Council of the City of San Bernardino Page 3 Printed 11/30/2016 Joint Regular Meeting Agenda December 5, 2016 5. CONSENT CALENDAR There will be no separate discussion of Consent Calendar items unless a Council member requests that the item be 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 that time. 5A. City Clerk Waive Full Reading of Resolutions and Ordinances [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated December 5, 2016. 5B. City Clerk Council Minutes --November 21, 2016 [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council meeting of November 21, 2016, as submitted. 5C. City Clerk Request to Use City Seal Motion: Grant Permission to the City Clerk to Use the City Seal on a Cookie Press. 5D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and 600 N. Arrowhead Street for the Lease of Office Space. Motion: Adopt the Resolution. 5E. Civil Service Personnel Actions - Classified 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. 5F. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino, California Approving and Authorizing the Execution of a License Agreement for 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. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 11/30/2016 Joint Regular Meeting Agenda December 5, 2016 40 5H. 611 5J Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Second Street Bridge Replacement Project (Bridge #54C-0411) for Which an Initial Study/Mitigated Negative Declaration was Prepared in Accordance with the California Environmental Quality Act and Adopting a Mitigation Monitoring and Reporting Program. Motion: Adopt the Resolution. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager, or Designee, to Sign and Submit a Cooperative Work Agreement Extension Request to the California Department of Transportation (Caltrans) for the Extended Use of Federal Funds Encumbered for the Mt. Vernon Bridge Replacement Project (Federal Project Id: Brls- 5033(042)) and Second Street Bridge Replacement Over Warm Creek, Bridge No. 54C-0411 (Federal Project Id: Brls-5033(052). 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. 2 to the Agreement for Services with AECOM Technical Services, Inc. for Design of the Mt. Vernon Avenue Overhead Replacement Project, Bridge No. 54C-0066, CIP Project No. Ss04-012 and Federal Aid Project No. Brls-5033 (042). Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 11/30/2016 Joint Regular Meeting Agenda December 5, 2016 0 M PUBLIC HEARINGS -- TO BE HEARD AT 5:30 P.M. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino, California Adopting a Categorical Exemption and Approving Development Code Amendment 16-09 Amending Chapter 19.06 (Commercial Zones), Section 19.06.010(2)(6) (Commercial Regional, Tri-City/Club Zone), Section 19.06.020(E)(3) (Development Permitted and Conditionally Permitted Uses) (Eating/Drinking Establishments)(Restaurants with Drive-Thru), and Section 19.06.030(2)(H)(1) (Development Stand ards)(Specific Standards for Commercial Zones)(Drive-Thru Restaurants) of the Development Code (Title 19) of the City of San Bernardino Municipal Code. (FIRST READING) Motion: 1) Close the Public Hearing; and 2). Approve the introduction of the Ordinance (Attachment 1) and direct City staff to schedule the second reading and adoption of the Ordinance on the consent calendar of the next regularly scheduled meeting of the Mayor and Common Council. 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 Approximately 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 and 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 Approving Conditional Use Permit 15- 09. Motion: 1) Close the Public Hearing; 2) Approve the introduction of the Ordinance and direct City staff to schedule the second reading and adoption of the Ordinance on the consent calendar of the next regularly scheduled meeting of the Mayor and Common Council; and 3) Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 11/30/2016 Joint Regular Meeting Agenda December 5, 2016 7. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 8. ITEMS TO BE REFERRED TO COUNCIL COMMITTEES 9. ANNOUNCEMENTS BY MAYOR, COUNCIL AND EXECUTIVE STAFF 10. 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, December 19, 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 7 Printed 11/30/2016