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Home My WebLink About12-19-2016 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 19, 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 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(a)sbcitV.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 h ttp://www. sbcitV. orq. o Please turn off or mute your cell phone while the meeting is in session. o All documents for public review are on file with the City Clerk's Office or may be accessed online by going to h ttp://www. sbcitV. orq. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda December 19, 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 FA I W 0 [a]1101.4411 +4***1IQZ 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): 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 Carlos Ramirez v. City of San Bernardino, et al., United States District Court Case No. CV15-01015-FMO (PLa) Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2). Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4). City v. Mejia City v. Trinidad One (1) Item Closed Session - personnel - pursuant to Government Code Section 54957(b): Mayor and Common Council of the City of San Bernardino Page 2 Printed 12/12/2016 Joint Regular Meeting Agenda December 19, 2016 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: 1400 block Cooley Court (APN 0281-031-52 and 0281-021-30) Negotiator: Mark Scott 2. CLOSED SESSION REPORT 3. CITY COUNCIL APPOINTMENTS 4. PRESENTATIONS 4A. Special Recognition — Turkey Trot Committee and Winners — Mayor R. Carey Davis 4B. Special Recognition — Angels of Love — Mayor R. Carey Davis 4C. Special Recognition — Art Institute of California, Inland Empire — Leadership and Organization Behavior Class — Mayor R. Carey Davis 4D. Special Recognition — Way World Outreach — Mayor R. Carey Davis 4E. Student of the Month — Omar Perkins, Cajon High School — Council Member Nickel 4F. Citizen of the Month — Karen DiCarlo — Council Member Marquez 4G. Update by Wildwood Neighborhood Association — Mr. Tony Marzulo 4H. Bankruptcy/Strategic Planning Update -- Management Partners 41. Chamber of Commerce & Local Elected Officials Announcements Mayor and Common Council of the City of San Bernardino Page 3 Printed 12/12/2016 Joint Regular Meeting Agenda December 19, 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 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@sbcity.org prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. 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. ;� 5C City Clerk Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of resolutions and ordinances on the agenda dated December 19, 2016. City Clerk Council Minutes -- December 5, 2016 Recommendation: Approve the minutes of the Mayor and Common Council meeting of the December 5, 2016, as submitted. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino, California, Reciting the Facts of the Municipal Election Held in Said City on the 8t" day of November 2016, Declaring the Results Thereof and Setting Forth Such Other Matters as are Provided by Law. Recommendation: City Clerk Adopt the Resolution. Resolution of the Mayor and Common Council of the City of San Bernardino Designating The Norman F. Feldheym Central Branch of the San Benardino Public Library as the Public Library to Receive a Copy of the Local Appointments List (The Maddy Act). Recommendation: Adopt Resolution of the Mayor and City Council of the City of San Bernardino Designating the Norman F. Feldheym Central Branch of the San Bernardino Library as the Public Library to Receive a Copy of the Local Appointments List (The Maddy Act). Mayor and Common Council of the City of San Bernardino Page 4 Printed 12/12/2016 Joint Regular Meeting Agenda December 19, 2016 5E. Civil Service Classified Personnel Actions Recommendation: 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. Finance Check Register Approval Recommendation: Approve the commercial checks for November 17, 2016, and the payroll checks for the pay date of November 30, 2016. 5G. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with Dimension Data Inc. and the Issuance of Purchase Order to Dimension Data Inc. in the Amount of $159,400.00 for PBX Configuration and Integration Services and Phone Equipment. Recommendation: Adopt the Resolution. 5H. 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 for the Implementation of the Bureau of Justice Assistance (BJA) Body -Worn Camera Pilot Implementation Program Grant. Recommendation: Adopt the Resolution approving the Memorandum of Understanding with the Fontana Police Department for the implementation of the Bureau of Justice Assistance (BJA) Body Worn Camera Implementation Program Grant and authorizing the City Manager, or designee, to execute the agreement. 51. 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 2347 West College Avenue, San Bernardino, California. Recommendation: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 12/12/2016 Joint Regular Meeting Agenda December 19, 2016 N PUBLIC PUBLIC HEARINGS Community Development Ordinance of the Mayor and City Council of the City of San Bernardino Amending San Bernardino Municipal Code Chapter 15.04 (Building Codes) Adopting by Reference the 2016 California Building Code, the 2016 California Electrical Code, the 2016 California Mechanical Code, the 2016 California Plumbing Code, the 2016 California Residential Code, the 2016 California Green Building Code, the 2015 International Property Maintenance Code, the 2015 International Existing Building Code, the 2015 International Residential Code Appendix H, the 1997 Uniform Housing Code, the 1997 Uniform Administrative Code, and the 1997 Uniform Code for Abatement of Dangerous Buildings with Appendices and Local Amendments (Final Reading). Recommendation: Accept for final reading and adopt Ordinance amending Chapter 15.04 (Building Codes) adopting by reference a series of model codes related to building in the City of San Bernardino. Community Development Resolution Certifying the Final Environmental Impact Report (State Clearinghouse No. 2015081086), and Adopting the Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program Pursuant to the Requirments of the California Environmental Quality Act; and Ordinance Approving Specific Plan 15-01 to Change the General Plan Land Use Designations and Zoning Districts of Approximately 710 Acres to the Waterman Baseline Neighborhood Transformation Specific Plan (First Reading). Recommendation: 1. Adopt Resolution certifying the Final Environmental Impact Report (SCH No. 2015051086) and adopting a Statement of Overriding Considerations and the and Mitigation Monitoring and Reporting Program pursuant to the requirements of the California Environmental Quality Act (Attachment 1); and 2. Introduce an Ordinance approving the Waterman Baseline Neighborhood Transformation Specific Plan (SP 15-01) (Attachment 2) Mayor and Common Council of the City of San Bernardino Page 6 Printed 12/12/2016 Joint Regular Meeting Agenda December 19, 2016 7 7A. 713. STAFF REPORTS Community Development Ordinance of the City Council 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) for the Development and Operation of a Transitional Housing Facility for Men (Mary's Village) Located on the North Side of Walnut Street Between Pico Avenue and San Marcos Street (Final Reading). Recommendation: Accept for final reading an Ordinance approving the General Plan Amendment 16-03 and Zoning Map Amendment 15-01 for the development and operation of a transitional housing facility for men (Mary's Village) on the north side of Walnut Street between Pico Avenue and San Marcos Street (Attachment 1). Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino, California Adopting a Categorical Exemption to the California Environmental Quality Act (CEQA) and Approving 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 (Final Reading). Recommendation: Accept for final reading an Ordinance adopting a Categorical Exemption to the California Environmental Quality Act (CEQA) and approving General Plan Amendment 16-02 and Development Code Amendment 14-17 in unincorporated San Bernardino (Arrowhead Farms) (Attachment 1). Mayor and Common Council of the City of San Bernardino Page 7 Printed 12/12/2016 Joint Regular Meeting Agenda December 19, 2016 7C 7D. 7E. Successor Agency Resolution of the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving the Purchase and Sale Agreement and Joint Escrow Instructions Between the Successor Agency to the Redevelopment Agency of the City of San Bernardino and HIP So Cal Properties, LLC with Respect to the Real Property Located at 904 South Foisy Street, San Bernardino, California (APN 0280-131-23) and Approving Certain Related Actions. Recommendation: Adopt Resolution as the Successor Agency to the Redevelopment Agency of the City of San Bernardino approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and HIP So Cal Properties, LLC with respect to 904 South Foisy Street, San Bernardino (APN 0280-131-23) and approving certain related actions. City Manager Discuss and Take Possible Action to Consider Allowing Additional Property Assessed Clean Energy (PACE) Program Providers in the City. Recommendation: Review and discuss the possibility of authorizing additional Property Assessed Clean Energy (PACE) program providers to provide PACE financing for energy efficiency and renewable energy products in the City and provide direction to staff. City Manager Resolution of the Mayor and Common Council of the City of City San Bernardino Approving a Substantial Amendment to the HUD Fiscal Years 2015-2019 Consolidated Plan and Fiscal Year 2016-2017 Annual Action Plan. Recommendation: 7F. City Attorney Close the hearing and adopt the Resolution. Resolution of the Mayor and City Council of the City of San Bernardino Authorizing the City Manager to Execute a Professional Services Agreement with Cota Cole LLP for Legal Services Related to Receiverships. Recommendation: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 12/12/2016 Joint Regular Meeting Agenda December 19, 2016 7G. 7H 8. 9. 10 11 Community Development Ordinance of the City Council of San Bernardino, California Adopting a Categorical Exemption to the California Environmental Quality Act (CEQA) and Approving Development Code Amendment 16-09 Amending Chapter 19.06 (Commercial Zones), ), Section 19.06.010(2)(G) (Commercial Regional, Tri- City/Club Zone), Section 19.06.020(E)(3) (Development Permitted and Conditionally Permitted Uses) (Eating/Drinking Establish ments)(Restaurants with Drive-Thru), and Section 19.06.030(2)(H)(1) (Development Standards) (Specific Standards for Commercial Zones) (Drive-Thru Restaurants) of the Development Code (Title 19) of the City of San Bernardino Municipal Code (Final Reading). Recommendation: That the City Council adopt an Ordinance adopting a Categorical Exemption to the California Environmental Quality Act (CEQA) and approving a Development Code Amendment 16-09 (Attachment 1). City Manager Capital Improvement Program (CIP) Recommendation: Review and discuss the Capital Improvement Program (CIP) overview. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES ANNONCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF 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, January 9, 2017, 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 9 Printed 12/12/2016 Joint Regular Meeting Agenda December 19, 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 10 Printed 12/12/2016