HomeMy WebLinkAboutcity clerk agendaCITY OF SAN BERNARDIN City Clerk
AGENDA
FOR THE
JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, DECEMBER 20, 2017
4:00 PM — CLOSED SESSION 5:00 PM — OPEN SESSION
COUNCIL CHAMBER • 201 NORTH "E" STREET • SAN BERNARDINO, CA 92401 • NAmf nr rFr ITY nR[
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 Mulvihill
COUNCIL MEMBER, WAR 7
Andrea M. Miller
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 5:00 pm the day of the meeting.
o You may email your request to speak to ubliccomments@sbcity.oru if you cannot turn it in in person
prior to 5:00 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 www.sbcity.org.
o Please turn off or mute your cell phone while the meeting is in session.
Joint Regular Meeting Agenda December 20, 2017
Call to Order
Attendee Name
Present
Absent
Late
Arrived
Council Member, Ward 1 Virginia Marquez
11
1:j_❑
Council Me_mber, Ward 2 Benito_Barrios
❑
❑
❑
1�, g�
Council Member, Ward 3 John Valdivia
❑
❑__
❑
cp,L
Council Member, 4 Fred Shorett_
_❑
❑_
❑_
_r+Ward
Council Member, Ward 5 Henry Nickel
❑_
❑
❑
Council Member, Ward 6 Bessine L. Richard
f
! ❑
❑
❑
v6
Council Member, Ward 7 James Mulvihill
❑_
❑
_❑
Mayor R. Carey Davis
❑ _
❑_
❑
City Clerk_ Georgeann "Gigi" Hanna
❑
❑
_❑
City Attorney Gary D. S_aenz
_❑
❑
❑
City Manager Andrea M. Miller
❑
❑
❑
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 City Council and the Mayor and City 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.
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
B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation — Government Code Section 54956.9(d)(2):
One (1) Item A 6-
C. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4):
IS)
City v. Southwestern Law School
D. Conference with Real Property Negotiator - pursuant to Government Code
Section 54956.8.
Properties: Parcel 1- 0281-151-38
Parcel 2- 0281-151-15, 16, 17, and 18 0.099
Parcel 3- 0281-152-06, 281-152-08 and 0281-152-17
Parcel 4- 0281-152-20 through 0281-152-3
Negotiator: Andrea Miller AT wry ( D � --T
Mayor and City Council of the City of San Bernardino Page 2 Printed 12114/2017
Joint Regular Meeting Agenda December 20, 2017
INVOCATION AND PLEDGE OF ALLEGIANCE kU.,-
CLOSED SESSION REPORT
PRESENTATIONS
1. Special Recognition— SB Pastors United by Mayor R. Carey Davis
�C� �� � s,* -&X � �—
3� Special Recogni�n—st Carrillo by Mayor R. Carey Davis f7�
Y4N61%ybod Presentation—�Coutfcil Member John Valdivia
Stude t of the Month: Anthony Gray, Cajon High School — Council Member
Henry Nickel
5. Citizens of the Month: Daniel Rivera, Jorge Corona, Manuel Carabajal,
Arnissa Burns, and Barbara Aquino, Blake Little League — Council Member
Bessine Richard
6. Chamber of Commerce & Local Elected Officials Announcements
�- A-)4"4 CAAa�
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 City 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, lease turn in individuals eaker
slips to the City Clerk by 5:00 p.m. the day of the meeting. If you wish, you may email
your speaking request to PubliccommentsCaD-st,-idy.org prior to the beginning of the
meeting. Emailed requests to speak will not be accepted from anyone but the person
requesting to speak.
CONSENT CALENDAR /r'� i3 X25 31q 7 -b
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.
7. Waive Full Reading of Resolutions and Ordinances
Recommendation: Waive full reading of resolutions and ordinances on
the agenda dated December 20, 2017.
8. City Council Approval of Commercial and Payroll Checks
Recommendation: Approve the commercial and payroll checks for
November 2017.
Mayor and City Council of the City of San Bernardino Page 3 Printed 12114/2017
Joint Regular Meeting Agenda December 20, 2017
e9• Approval of Projects to Receive Road Maintenance and Rehabilitation
Account funding
Recommendati Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, approving a list
of projects to receive Road Maintenance and
Rehabilitation Account funding.
General Plan Amendment 16-09 and Development Code Amendment
(Zoning Map Amendment) 16-11 (Final Reading)
Recommendation: Accept for final reading and adopt an Ordinance of
�L the Mayor and City Council of the City of San
!, Bernardino, California, approving General Plan
Amendment 16-09 and Development Code
Amendment (Zoning Map Amendment) 16-11
(Attachment 1).
Cultural Development Construction Fee (Chapter 15.57) 151, 1,-b
Recommendatio
l �6ew-fi
Transition of Volunteer
/ Review Committee
Recommendation:
2 (3
0 ; .1I Charter.
Annual Purchase Order for Automotive Parts & Supplies
�5
Recommend ion: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, authorizing the
execution of an agreement and issuance of an annual
purchase order with three single year renewal options
to Parts Authority for automotive parts and supplies
by the Public Works Fleet Division.
Accept for final reading and adopt an Ordinance of
the Mayor and City Council of the City of San
Bernardino, California, repealing Ordinance No. MC -
650 and amending Chapter 15.57 of the Municipal
Code related to Cultural Development Construction
Fees.
Citizen-Based Chartejr Committee to the Charter
'Oetao) #'&,o I -/, he &L&'uC A' '_* f �+�.`1
Y"*4AI;-J&J ljp�
Adopt a Resolution of the Mayor and City Council of
City of San Bernardino, California, transitioning the
Volunteer Citizen -Based Charter Committee to the
Charter Review Committee for periodic review of the
Mayor and City Council of the City of San Bernardino Page 4 Printed 12/14/2017
Joint Regular Meeting Agenda December 20, 2017
14. Authorization to Execute an Agreement with Dignity Health for Police
Services and amend the Adopted FYI 7/18 Budget
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, authorizing the
City Manager to execute an agreement between the
City of San Bernardino and Dignity Health for police
services at two locations, and amend the Adopted
FY17/18 Budget.
Declaration of Intent to establish Assessment District No. 1056 for the cost
of landscape maintenance in the Magnolia Avenue and Garfield Street Area
relative to Tentative Tract No. 16502
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, preliminarily
determining that Public Convenience and Necessity
require the formation of a landscape maintenance
assessment district located in the Magnolia Avenue
and Garfield Street Area without compliance with the
Special assessment Investigation, Limitation and
Majority Protest Act of 1931; declaring its intention to
proceed to order work within the district, to be known
as Assessment District No. 1056; preliminarily
approving the Engineer's Report and giving Notice of
a Public Hearing.
16. Purchase Order for Wondries Fleet Group, For Ford F-550 Aerial Lift Truck
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, approving a
Purchase Order in the amount of $122,513 to
�. Wondries Fleet Group of Alhambra, California, for the
purpose of supplying a Ford Motor Company F-550
Aerial Lift Truck to the Public Works Department.
Amend the Adopted 2017/18 Budget transferring the Code Enforcement
Division from the Community Development Department to the Police
Department
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, amending the
P-016Adopted Fiscal Year 2017/18 Budget transferring the
1. Code Enforcement Division from the Community
2 Development Department to the Police Department.
Mayor and City Council of the City of San Bernardino Page 5 Printed 12114/2017
Joint Regular Meeting Agenda December 20, 2017
18:- Subordination of a Deed of Trust in Connection with 2653 West Sunset
Lane, San Bernardino, California
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, acting as the
Successor Housing Agency to the Redevelopment
Agency of the City of San Bernardino approving a
Subordination of a Deed of Trust in connection with a
refinancing of the Senior Mortgage Relating to real
property located at 2653 West Sunset Lane, San
Bernardino, California.
19! Subordination of a Deed of Trust in Connection with 275 E 49th Street, San
Bernardino, California
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, acting as the
Successor Housing Agency to the Redevelopment
b Agency of the City of San Bernardino approving a
Subordination of a Deed of Trust in connection with a
refinancing of the Senior Mortgage Relating to real
property located at 275 E 49th Street, San Bernardino,
California.
20. Retention of Russell Randle of Miles and Stockbridge P.C. for Legal
Services Related to Water Environmental Issues
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, approving the
retention of Russell Randle of Miles and Stockbridge
f P.C. for legal services related to water environmental
issues.
X21. Maddy Act (Local Appointments List)
Recommendation: Approve the list of local appointments and post it at
the Feldheym Library.
J6 Agreement with Liebert Cassidy Whitmore for services pertaining to
employment and personnel matters 4 1 1 /c
Recommendation: Adopt a Resolution of the Mayor and City Council of
�j. the City of San Bernardino, California, authorizing the
City - Manager or her designee to execute a
Professional Services Agreement between the City of
San Bernardino and Liebert Cassidy Whitmore to
provide legal services pertaining to employment
relations and personnel matters for a total amount not
to exceed $75,000.
Mayor and City Council of the City of San Bernardino Page 6 Printed 12/14/2017
Joint Regular Meeting Agenda December 20, 2017
Request to Extend Fee Credit Agreements
Recommendation: Adopt a Resolution of the Mayor and City Council of
3 the City of San Bernardino, California, approving an
n �✓f extension of the Fee Credit Agreements with James
O' Watson & Associates through December 31, 2019.
STAFF REPORTS
24. Approval of the Local Goals and Polices Document for Community
Facilities District ("CFD") Formation
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, adopting the
( Local Goals and Policies related to Community
Facilities Districts.
,,2 Agreements regarding the San Bernardino Transit Center
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, authorizing the
execution of Amendment No. 6 to the cooperative
D agreement 04-040 (Santa Fe Depot) and the
execution of an operations and maintenance
agreement between the City of San Bernardino, the
e j� San Bernardino County Transit Authority and
Omnitrans regarding the San Bernardino Transit
Center (SBTC).
American Planning Association November Workshop 2017 - Tour of
Marijuana Cultivation Facility - November 30, 2017
Recommendation: Receive an oral report by Council Member Mulvihill.
Calendar of Joint Regular Mayor and City Council Meetings for 2018 10-7, � -Recommendation: Approve the regular meeting dates for the Mayor and
City Council. Qrl. >M 6-/YI591
3 - /& 4
28. Calling of Primary Municipal Election, 'requ6ating San Bernardino County
Registrar of Voters conduct said election, and directing the City Clerk to
fulfill her duties as the City's Election Official 0
,�� � ✓'fie-���� G _ r
Recommendation: Call the Primary Municipal Election for June 5, 2018 in
accordance with the State Election Code.
64�9
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Mayor and City Council
l
City of San t
z 8AeCA - 44
Page 7 Printed 12/1 420 9 7
Joint Regular Meeting Agenda December 20, 2017
PUBLIC HEARINGS
Substantial Amendme` to the FY 017-2018 Action Plan
Recommendation: A opt a Resoldion of the Mayor and City Council of
4-V the City of San Bernardino, California, approving the
Substantial Amendment to the FY 2017-2018 Action
Plan.
J*"�! -3. O�/7 07
Waterman Gardens Revisions — Conditional Use Permit 17-26 (Revised
Conditional Use Permit 11-13) and Revised Subdivision 11-03 (Revised
Tentative Tract Map 18829)
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, approving
Conditional Use Permit 17-26 (Revised Conditional
Use Permit 11-13) and Revised Subdivision 11-03
(Revised Tentative Tract Map 18829) to allow the
development, establishment and operation of the
Arrowhead Grove project (formerly known as
? k v�� Waterman Gardens) comprised of 411 residential
t�( units, approximately 194,200 square feet of
commercial/mixed uses, two (2) private community
Y e centers, one (1) public community center, and two (2)
detention basins, on a site comprised of four (4)
parcels containing a total of approximately 39.36
VVA, , v4c �7,jygt6Kacres located at the southeast corner of Waterman
0 Avenue and Baseline Street.
31. Joint Powers Financing Authority authorizing the execution and delivery of
documents
a-�
Recommendation: 1. Adopt a R6 -solution of the Mayor and City Council
of the City of San Bernardino, California, making
required findings and authorizing the execution and
3 1 delivery of documents relation to the issuance of San
Bernardino Joint Powers Financing Authority 2018
�D lease revenue refunding Bonds in an aggregate
principal amount not to exceed $4,500,000 for the
purpose of refunding the 1996 lease revenue
refunding Bonds, and authorizing and directing certain
actions in connection therewith; and
Mayor and City Council of the City of San Bernardino Page 8 Printed 12/14/2017
Joint Regular Meeting Agenda December 20, 2017
2. Adopt a Resolution of the San Bernardino Joint
Powers Financing Authority making required findings
and authorizing the execution and delivery of
documents relating to the issuance of 2018 lease
revenue refunding Bonds in an aggregate principal
amount not to exceed $4,500,000 for the purpose of
refunding the 1996 lease revenue refunding Bonds,
and authorizing and directing certain actions in
connection therewith.
32. Accept the Recommendations of the Citizen's Advisory Committee on
Marijuana and Adopt Interim Urgency Ordinance -7/7
Recommendation: 1. Accept the recommendations of Citizen's Advisory
Committee on Marijuana.
,P Qypr 2. Adopt an Interim Ordinance as an Urgency Ordinance
or 45 days. ,n Lam.. �s -c�;e .v im -. 1►-, d�..e:.�.:.
sit 4u 3. Adopt a Resolution authorizing the City Manager to
notify the California Bureau of Cannabis Control of the 2 n
Fj',5-Q�S�►,''f City of San Bernardino Cannabis Ordinance pursuant V
to Business and Professions Code Section 26055
33. Appeal of Pepe's Towing regarding decision that there are no vacancies on
the City's Tow Rotation List. -7/S
Recommendation: That the Mayor and City Council conduct an appeal
hearing and make a decision on whether to grant or
deny the appeal. B
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'il r 4. PUrBLfC CONI ENTS FOR llf& NOON THE AGEN A
sit-D��s� , s -� vac•-, o� j� �:.�. •
35. ITEMS TO BE REFERRED TO CIT' CCIL C`bMMITTEES
�. �tJ,4o ,���.•i�jti `5 "�'�'�'] rf e P IL 14—
36. ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECU IVE STAFF
ed-r,4W04-0-. ne"'( & ate- ^4AJ V%-- d,;y, rt*.*-,��.-�
37. ADJOURNMENT._�4�•.�.•� a'►��e�r��.,�..��
The next joint regular Mayor and City Council and the Mayor and
City Council Acting as the Successor Agency to the Redevelopment Agency will
be held on Wednesday, January 3, 2017 at 4:00 p.m. in the Council Chamber
located at 201 North E Street, San Bernardino, California 92401. Closed
QQ ession will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
Mayor and City
ACouncil of the City ot San 6Jnarding Page -9
v4 4,4� t` -r
Printed 12/14/2017
Joint Regular Meeting Agenda December 20, 2017
CERTIFICATION OF POSTING AGENDA
I, Georgeann "Gigi" Hanna, CMC, City Clerk for the City of San Bernardino, California, hereby
certify that the agenda for the December 20, 2017 regular meeting of the Mayor and City
Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment
Agency was posted on the City's bulletin board located in the breezeway of City Hall, 300 North
"D" Street, San Bernardino, California, at the San Bernardino Public Library, and on the City's
website www.ci.san-bernardino.ca.us on Thursday, December 14, 2017.
I declare under the penalty of perjury that the foregoing is true and correct.
\ /.r../i
Georgeann "Gigi" Hanna, CMC, City Clerk
NOTICE: Any member of the public may address this meeting of the Mayor and City Council and
the Mayor and City 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 City Council and the Mayor and
City 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 City
Council and the Mayor and City 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 City Council and the Mayor and City
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 City Council and the Mayor and City 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 City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City 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 City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor
discussion held by the Mayor and City Council and the Mayor and City 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 City Council of the City of San Bernardino Page 10 Printed 12/14/2017