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Home My WebLink Aboutcity clerk notesCITY OF SAN BERNARDINO REVISED 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, APRIL 18, 2018 4:00 PM — CLOSED SESSION 5:00 PM — OPEN SESSION COUNCIL CHAMBER • 201 NORTH °E° STREET • SAN BERNARDINO. CA 92441 • WI i WW.SBC.ORG Virginia Marquez R. Carey Davis James Mulvihill 4 -- COUNCIL. COUNCIL. MIEMBER, WARD 1 Benito Barrios COUNCIL MEMBER, WARD 2 John Valdivia COUNCIL MEMBER, WARD 3 Fred Shorett f COUNCIL. MEMBER, WARD 4 Henry Nickel '(C COUNCIL MEMBER, WARD 5 Bessine L. Richard COUNCIL MEMBER, WARD 6 MAYOR iN COUNCIL_ MEMBER, WARD 7 Andrea M. Miller CITY MANAGER Gary D. Saenz CITY ATTORNEY Georgeann "Gig!" 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. You mail your request to speak to publiccommentsA,sbcity.orc; prior to 4 p.m. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. o There is a 3 -minute -per -person time limit for all comments, excluding quasi-judicial hearings. o Written comment on any item may also be submitted to the City Clerk to be included in the meeting record. It will not be read aloud by the City Clerk. o Those who wish to speak on quasi-judicial hearing items will have three minutes for each item. 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.sbcitv.ora. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda April 18, 2018 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez ❑ ❑ ❑_� Council Member, Ward 2 Benito Barrios ❑ ❑_ ❑ Council Member, Ward 3 John Valdivia ❑ W ❑ ❑ Council Member, Ward 4 Fred Shorett ❑ ❑ ❑ Council Member, Ward 5 Henry Nickel _ ❑�_ _ i ❑ ❑ Council Member, Ward 6 Bessine L. Richard ❑ ❑ I Council Member, Ward 7 James Mulvihill ❑ _❑ _ ❑ _ ❑ Mayor R. Carey Davis _ ❑� ❑ ❑ City Clerk Georgeann "Gigi" Hanna ❑ ❑ ❑ City Attorney Gary D. Saenz ❑❑ El City Manager Andrea M. Miller ❑ E] _ ❑ 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 Bank of America v. Duane M. Magee, et al., San Bernardino County Superior Court Case No. CI VDS 1504173 59A r� _ 0 ( 3 &4- ) Michael Koster v. City of San Bernardino, WCAB Case No. ADJ10291907 g-0 (9,"5] Rick Oldfield v. City of San Bernardino, WCAB Case Nos. ADJ3414812, ADJ126304 5— 0 01,3-) Brenda Hall v. City of San Bernardino WCAB Case No. ADJ9335898 —0 �3! S] B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): One Item INVOCATION AND PLEDGE OF ALLEGIANCE Mayor and City Council of the City of San Bernardino Page 2 Printed 4/13/2018 a CG�. /' J _ o 47 G� �� 'S�/.�� Svc C''�-�=� �n'� r,� n -`r �1��-�../ Joint Regular Meeting Agenda April 18, 2018 CLOSED SESSION REPORT PRESENTATIONS 21. Special Recognition to SBPD - Baker to Vegas XXXIV - First Place for 500 Individual - Mayor R. Carey Davis 2-44"v � b-„17 ig rg Aquinas High School - CIF Champions - Boys Soccer and Football - Mayor R. Carey Da is1945- Issuance of Proclamations) - Mayor R. Carey Davis: • Proclaim April 21, 2018 as Service Day - Cal State University San Bernardino & Service Council • Proclaim April 22, 2018 as Earth Day - Earth Day Network • Proclaim April as DMV/Donate Life Month - One Legacy 4. Citizen of the Month - Art Davis - Council Member John Valdivia / 1 5. �AP�WA Award for Bryce E. Hanes Pak 6. Chamber of Commerce & Local Elected O ials Announcements PUBLIC COMMENTS FOR ITEMS LISTED AN NOT LISTED ON THE 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, please tum in individual speaker slips to the Citv Clerk by 5:00 p.m. the day of the meeting. If you wish, you may email your speaking request to publiccomments(?t sbcity.or, 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 ,�� 4-0(5) There will be no separate discussion of Consent Calenclar items unless a Council v 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 April 18, 2018. Mayor and City Council of the City of San Bernardino Page 3 Printed 411312018 Joint Regular Meeting Agenda April 18, 2018 8, City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for March 2018. /J. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council Regular Meeting of February 21, 2018. Imposing Liens to Recover Costs for Code Enforcement Abatement Recommendation: Adopt Resolution No.; --k18-106, 'a Resolution of the Mayor and City Counci ity of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements. 11. Approval of Destruction of Certain Obsolete Case Files by the San Bernardino Police Department Recommendation: Adopt Resolution No( 2018-107, d Resolution of the Mayor and City Councifi-of-the-City of San Bernardino, California, approving the destruction of certain obsolete case files by the San Bernardino Police Department. 12. Agreement with KOA Corporation for Engineering Design Services Recommendation: Adopt Resolution Na; 2018-108,_0 Resolution of the Mayor and City Counci-C ty of San Bernardino, California, authorizing the execution of an Agreement between the City of San Bernardino and KOA Corporation for Engineering Design Services for Pavement Rehabilitation of 11 Street Segments throughout the City, (SS18-002 & SS18-005) and authorizing the Director of Finance to issue a purchase order in the amount of $118,690. 4 13. Agreement with Willdan 'Engineering, Inc. for Civil Engineering Design Services Recommendation: Adopt Resolution No.(2018-109, a Resolution of the Mayor and City Counci o e City of San Bernardino, California, authorizing an Agreement between the City of San Bernardino and Willdan Engineering, Inc. for civil engineering design services for pavement rehabilitation for fourteen (14) Street Segments throughout the City (SS18-003 & SS17-003) and authorizing the Director of Finance to issue a Purchase Order in the amount of $166,036. Mayor and City Council of the City of San Bernardino Page 4 Printed 4/13/2018 Joint Regular Meeting Agenda April 18, 2018 _ 14. Agreement with Pacific Builders and Roofing, Inc. for Roofing and Fascia Replacement at Howard M. Rowe Branch Library Recommendation: Adopt Resolution NoJ220'18-1].O�a Resolution of the Mayor and City Council oFthe City of San Bernardino, California, authorizing an Agreement between the City of San Bernardino and Pacific Builders and Roofing, Inc., in the amount of $122,880, authorizing a construction contingency in the amount of $12,288, for a total amount not to exceed $135,168, and authorizing the City Manager or her designee to expend the contingency fund, if necessary, to complete the project. Infrastructure Improvement Agreement with the San Manuel Band of Mission Indians for Victoria Avenue Improvements Recommendation: Adopt Resolution No.`20118-111,) a Resolution of the Mayor and City Councirof-M City of San Bernardino, California, authorizing the City Manager to enter into an infrastructure improvement agreement with San Manuel Band of Mission Indians (SMBMI) for the rehabilitation of various streets throughout the City. 1!#��Agreement with Quality Light and Electric for Street Lighting Repair Services recommendation: Adopt Resolution No. �,�018-112, a Resolution of the Mayor and City Counclt-o# the -City of San Bernardino, California, approving a Vendor Services Agreement between the City of San Bernardino and Quality Light and Electrical (QLE) for street light repair services and issuance of an Annual Purchase Order not to exceed $555,000 with four (4) one-year extensions at the City's option to QLE for street light repair services per Special Provisions No. 13188. Amendment Number Two to the Agreement with R.T. Desai & Associates for Accounting Consultant Services Recommendation: Adopt Resolution No. 2018-113, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment Number Two to the Professional Services Agreement between the City of San Bernardino and consultant R.T. Desai & Associates for Accounting Services in the amount of $150,000 for a total amount not to exceed $340,000. Mayor and City Council of the City of San Bernardino Page 5 Printed 4/13/2018 Joint Regular Meeting Agenda April 18, 2018 18. Amendment Number One to Agreement with Moore lacofano Goltsman, Inc. for the Comprehensive Update to the City's Signage Regulations Recommendation: Adopt Resolution No. 2018-114, a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment Number One to the Consultant Services Agreement with Moore lacofano Goltsman, Inc. to increase the amount by $3,000 for a total amount not to exceed $62,925, and extend the term of the agreement to December 31, 2018, for the preparation of the Comprehensive Signage Regulations Update. 19. Establishment of All -Way Stop Controls at the intersection of Pacific Street and Central Avenue Recommendation: Adopt Resolution No. 2018-115, a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing All -Way Controls at the intersection of Pacific Street and Central Avenue. 20. Amendment of San Bernardino Municipal Code Chapter 10.52, Speed Zones, to Establish the Speed Limit on "D" Street Recommendation: Introduce for first reading Ordinance No. MC -1491, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending San Bernardino Municipal Code Chapter 10.52 to reduce the speed limit on "D" Street between Highland Avenue and Twenty -Eighth Street from forty-five miles an hour to thirty-five miles an hour. 1 Agreement with SCE for energy efficiency -light fixture replacement rate agreement o �d lJ Recommendation: Adopt Resolution NoJ 2018-116, a Resolution of the Mayor and City Council of -the City of San Bernardino, California, authorizing an Agreement between the City of San Bernardino and Southern California Edison for the Schedule LS -1 Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement Rate Agreement. Mayor and City Council of the City of San Bernardino Page 6 Printed 4/13/2018 Joint Regular Meeting Agenda April 18, 2018 22. Charter Implementation — Changes to the City of San Bernardino's Boards, Commissions and Citizen Advisory Committees Part IV — Final Reading Recommendation: 1. Accept for final reading and adopt Ordinance No. fv1C-1480, - an Ordinance of the Mayor and City COUncil of the City of San Bernardino, California repealing San Bernardino Municipal Code Chapter 2.43 and amending San Bernardino Municipal Code Chapter 5.76 related to Bureau of Franchises, Taxicabs and Non -Emergency Vehicles; 2. final reading and adopt Ordinance No. 48 an Ordinance of the Mayor and City Council of the City of San Bernardino, California amending San Bernardino Municipal Code Chapter 8.90 (Mobile Home Rents) dissolving the Mobile Home Rent Board and delegating responsibility for the review of Mobile Home Park rent increase requests to an independent Hearing Officer; 3. Accept for final reading and adopt Ordinance No. MC -1482, an Ordinance of the Mayor and City Council of the City of San Bernardino, California amending San Bernardino Municipal Code Chapter 15.37 related to Historic Building Demolition; and 4. Accept for final reading and adopt Ordinance No. MC -448.3, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, enacting San Bernardino Municipal Code Chapter 2.27 related to the "Library Board." 23. Charter Implementation — Business Registration Division Transfer Part II — ' Final Reading Recommendation: 1. Accept for final reading and adopt Ordinance No. IVC -1484; an Ordinance of the Mayor and City COUncil of the City of San Bernardino, California amending San Bernardino Municipal Code Chapters 3.55, 3.64, 5.44, 8.60, 12.32, and 14.08 transferring licensing of certain businesses and uses from the City Clerk to the Finance Department of the City of San Bernardino and repealing San Bernardino Municipal Code Chapter 3.60 related to the Cigarette Tax; Mayor and City Council of the City of San Bernardino Page 7 Printed 4/13/2018 Joint Regular Meeting Agenda April 18, 2018 2. AccppLfor final reading and adopt Ordinance No. G t4S5, an Ordinance of the Mayor and City Council of the City of San Bernardino, California repealing San Bernardino Municipal Code Chapter 5.16 entitled "Fire, Removal, or Closing -Out Sales"; 3. Accept-_kr final reading and adopt Ordinance No. C -'W876, an Ordinance of the Mayor and City Ancil of the City of San Bernardino, California repealing San Bernardino Municipal Code Chapter 5.40 related to "Charitable and Religious Solicitation in Central City Mall", and 4. Acce�or final reading and adopt Ordinance No. -IMC-148 an Ordinance of the Mayor and City �uncil of the City of San Bernardino, California amending San Bernardino Municipal Code Chapter 5.52, transferring licensing of escort bureaus from the City Clerk to the Police Department of the City of San Bernardino, amending San Bernardino Municipal Code Chapter 5.84 related to enforcement, and repealing San Bernardino Municipal Code Chapter 5.60 related to motor buses. 24. Final reading of Ordinance No. MC -1488 reauthorizing the City's Public, Educational, and Governmental Access and Support Fee Recommendation: AcqW for final reading and adopt Ordinance No. MC - an Ordinance of the Mayor and City Council of the City of San Bernardino, California, reauthorizing the City's Public, Educational, and Governmental Access and Support Fee. 25. Final Reading — General Plan Amendment 18-01 Recommendation: Accept for final reading and adopt Ordinance No. MC=1490 an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting a Categorical Exemption, and approving General Plan Amendment 18-01 to amend the General Plan Circulation Element to reclassify Shandin Hills Drive from a Local Street to a Secondary Arterial. Mayor and City Council of the City of San Bernardino Page 8 Printed 4113/2018 Joint Regular Meeting Agenda April 18, 2018 STAFF REPORTS 26. Legislative Program Policy and Procedures and the 2018 Legislative and Regulatory Platform Recommendation: Adopt Resolution No. 2018-11.7, 'a Resolution of the 3 Mayor and City Council of the City of San Bernardino, California, establishing the Legislative Program Policy and Procedures and the 2018 Legislative and Regulatory Platform for the City of San Bernardino. 27. Amendment to the City's Conflict of Interest Code Recommendation: Adopt Resolution No. X018-118,' a Resolution of the Mayor and City Council of the City of San Bernardino, I� California and the Mayor and City Council of the City of San Bernardino, California, Acting as the Successor Agency to the Redevelopment Agency authorizing amended Resolution No. 2018-14, and (9 Appendix A and amending the City's Conflict of Interest Code. 28. Third Annual Arts Fest — Wrap Up Report Recommendation: PUBLIC HEARING 29. Development Code Permit 18-02 Recommendation: Receive and file a summary report on the Third Annual Arts Fest. Amendment 18-01 and Conditional Use Introduce for first reading, Ordinance No. MC - 1492, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting the Categorical Exemption, and approving Development Code Amendment 18-01 to amend Chapter 19.06 (Commercial Zones), Table 06.01 (Commercial Zones List of Permitted, Development Permitted and Conditionally Permitted Uses) of the City of San Bernardino Development Code to allow Veterinary Services (with animal boarding) within the Commercial General (CG -3) Zone subject to the approval of a Conditional Use Permit, and Mayor and City Council of the City of San Bernardino Page 9 Printed 4/13/2018 Joint Regular Meeting Agenda April 18, 2018 2. Adopt Resolution No, 2018-119, a Resolution of the Mayor and City Counr-,;l of the City of San Bernardino, California, adopting the Previous Environmental Determination, and approving Conditional Use Permit 18-02 to allow the establishment and operation of a veterinary office, with animal boarding, within a tenant space containing approximately 4,200 square feet within a previously approved commercial building located at 1775 W. Northpark Boulevard, Suite B1 (APN: 0141-372-26) within the Commercial General (CG - 3) Zone, and 3. Schedule the second reading of the above ordinance to the regularly scheduled meeting of the Mayor and City Council on May 2, 2018. QUASI-JUDICIAL HEARINGS 3A-�-4 30. Continue Public Hearing - Appeal of Pepe's Towing Recommendation: By mutual agreement of the parties, continue to May 2, 2018. Adopt a Resolution Approving Conditional Permit 18-01 for a Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National Orange Show Pursuant to San Bernardino Municipal Code Section 5.10.060(B) 3I l 6-`1 Recommendation: Review, discuss, and take possible action to adopt �P Resolution No. 2018-99, a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Conditional Permit 18-01 for a Temporary Cannabis Event at the National Orange folwaa Show Events Center by the Trans -High Corporation for April 20, 2018 through April 22, 2018 pursuant to San Bernardino Municipal Code Section 5.10.060(B). 32. ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF 33. ADJOURNMENT /,k " I ® 6 The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, May 2, 2018 in the Council Chamber located at 201 North "E" Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Mayor and City Council of the City of San Bernardino Page 10 Printed 4/13/2018 Joint Regular Meeting Agenda April 18, 2018 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 April 18, 2018 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 Friday, April 13, 2018. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann "Gigi" Hanna, GMC, 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 11 Printed 4/13/2018