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HomeMy WebLinkAboutcity clerk notesCITY OF SAN BERNARDINO `5 AGENDA ��6tZ'j 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 4, 2018 G"�W 0 `f 4:00 PM - CLOSED SESSION 5:00 PM - OPEN SESSION I COUNCIL CHAMBER • 201 NORTH "E" STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG I 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, WARD 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 publiccommentsgsbcity.org 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. sbcit-:. om. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda April 4, 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 ❑ ❑ ❑ z/,- zo - 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 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 City of Fontana, et al., v. State Board of Equalization (California Department of Tax and Fee Administration), et al., Alameda County Superior Court Case No. RG 14721676, California Court of Appeal, First Appellate District, Division 2, Case No. A147642; and Supreme Court of California, Case No. S246278 People of the State of California by and through the City Attorney for the City of San Bernardino v. Kush Concepts Collective, a California corporation; Joe Bixler, an individual; et al., San Bernardino County Superior Court Case No. CIVDS1516185 5�4 ,06� 6-00) People of the State of California by and through the City Attorney for the City of San Bernardino v. Kush Inc., a business entity of unknown form; et al., San Bernardino County Superior Court Case No. CIVDS1512329 f ae 3-) County of San Bernardino and City of San Bernardino v. The High Desert Partnership in Academic Excellence Foundation, Inc., San Bernardino County Superior Court Case No. UDFS1800988 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/30/2018 Joint Regular Meeting Agenda April 4, 2018 Rosemary Easley, et al. v. City of San Bernardino, Superior Court Case No. CIVDS1515304 Gt7* 4'.,q. 9—D 6" et al., San Bernardino County Bubba Likes Tortillas, LLC v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1806921 Kush Concepts Collective, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. C1VDS1702131 MJ Dispensary Inc., et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1802539 Karmel Roe v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1712424 Quiang Ye, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1704276 B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation — Government Code Section 54956.9(d)(2).- One 4956.9(d)(2):One (1) Item INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS Special Recognition to Consul Billy Munoz Miranda, Guatemalan Consulate — By Mayor Davis and City Council Members Issuance of Proclamation (s): Proclaim April as Child Abuse Prevention Month 3. Chamber of Commerce & Local Elected Officials Announcements /I 909 COMMENTS FOR ITEMS LISTED ON THIS AGENDA ` A ree-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 turn in individual sneaker 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 publiccomments@sbcity.orq 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 City Council of the City of San Bernardino Page 3 Printed 3/30/2018 Joint Regular Meeting Agenda April 4, 2018 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. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of resolutions and ordinances on the agenda dated April 4, 2018. ,s! City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for March 2018. A/ City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council Regular Meeting of March 21, 2018. �! Vendor Services Agreement with Advanced Pet Care of San Bernardino and authorization to amend the Adopted FY201712018 Budget and Increase the Purchase Order Recommendation: Adopt Resolut' n No. 2018-92, Resolution of the Mayor and City e City of San Bernardino, California, authorizing the City Manager to execute a Vendor Services Agreement with Advanced Pet Care of San Bernardino, appropriating $30,000 into the FY2017/18 Adopted Budget, and authorizing the increase of the Purchase Order to Advanced Pet Care of San Bernardino for veterinarian services. Purchase Order Increase for C&W Construction S ecialties, Inc. Recommendation: Adopt�d:ol ution No.2018-93, esolution of the Mayor i �+t f San Bernardino, California, authorizing and directing the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and C&W Construction Specialties, Inc. of Ventura, California, and approving an increase to Purchase Order No. 2018-333 by $47,349 for the maintenance and repair of guardrails Citywide. Mayor and City Council of the City of San Bernardino Page 4 Printed 3/30/2018 Joint Regular Meeting Agenda April 4, 2018 Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc., for FY 2018/19 Recommendation: Adopt Resol ion No. 2018-94, a Resolution of the Mayor and City fhe City of San Bernardino, California, authorizing the City Manager to execute an agreement between the City of San Bernardino and Platinum Security, Inc. and authorizing the Director of Finance to issue a Purchase Order to Platinum Security, Inc. Authorization to issue Purchase Order to Public Safety Innovation, Inc., and Execution of a Vendor Services Agreement for refurbishment and repairs to the Police Mobile Command Post Recommendation: Adopt Resolution o. 2018-95, Resolution of the Mayor and City Co ity of San Bernardino, California, authorizing the issuance of a Purchase Order to Public Safety Innovation, Inc., and authorize the City Manager to execute a Vendor Services Agreement between the City of San Bernardino, California, and Public Safety Innovation, Inc. W. Opposition Letters to Proposed Housing Legislation (AB 1759, SB 827 and SB 828) Recommendation: Authorize the Mayor, on behalf of the City of San Bernardino, to sign opposition letters to three �Proposed housing bills, AB 1759 (McCarty), SB 827 (Weiner) and SB 828 (Weiner). A2: Final Reading - Development Code Amendment 17-07 Recommendation: Accept for final reading and adopt Ordinance No. MC - 1479, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting the Categorical Exemption and approving Development Code Amendment 17-07 to amend Chapter 19.19 (Main Street Overlay District) of the City of San Bernardino Development Code to add an Adaptive Reuse Overlay to allow for the conversion of existing commercial and office buildings to residential units within specified areas. P10 , Mayor and City Council of the City of San Bernardino Page 5 Printed 3/30/2018 Joint Regular Meeting Agenda April 4, 2018 13. Final Reading - Amending Municipal Code Chapter 2.58 Related to the Conduct of Public Meetings and Establishing Reasonable Regulations for Public Comments, Testimony, and Procedural Rules for Quasi -Judicial Hearings Recommendation: Accept for final reading and adopt Ordinance No MC 1478, an Ordinance of the Mayor and City Council of Ahe City of San Bernardino, California, amending Municipal Code Chapter 2.58 related to the conduct of public meetings and quasi-judicial hearings. STAFF REPORTS A � 6 Agreement with Westbound ommunications, Inc. for Marketing and Public Relations Services Recommendation: l, OYVT-41 VIce (, G Adopt Resolution N �20-6, 1esoluConof the Mayor and City Co ncil of ity of San Bernardino, California, authorizing T e City Manager to execute a Professional Services Agreement between the City of San Bernardino and Westbound Communications, Inc. for Public Relations and Marketing Services and a purchase order in an amount not to exceed $241,000. Charter Implementation - Changes to the City of San Bernardino's Boards, Commissions and Citizen Advisory Committees Part IV P's 6 (3 Recommendation: 1. Introduce for first reading Ordinance No. MC, 1480, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Municipal Code Chapter 2.43 Bureau of Franchises and amending Chapter 5. 76 related to Bureau of Franchises, Taxicabs and Non - Emergency Vehicles. 2. Introduce for first reading Ordinance No. MC -1481, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending San 3` •' 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 �X independent Hearing Offi r 3. Adopt Resolution SCO. 2018-97, a Resolution of the Mayor and City Councfl= of the City of San Bernardino, California, establishing the Arts and CIttiral I Commission. Mayor and City Council of the City of San Bernardino Page 6 Printed 3/30/2018 Joint Regular Meeting Agenda April 4, 2018 4. Introduce for first reading 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. 5. Introduce for first reading Ordinance No. MC - 1483, 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." Charter Implementation - Business Registration Division Transfer Part II Recommendation: 1. Introduce for first reading Ordinance No. MC - 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 r f transferring licensing of certain businesses and j 1 j uses from the City Clerk to the Finance h Department of the City of San Bernardino and lJ repealing San Bernardino Municipal Code Chapter 3.60 related to the Cigarette Tax. 2. Introduce for first reading Ordinance No. MC - 1485, 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. Introduce for first reading Ordinance No. MC - 1486, an Ordinance of the Mayor and City Council 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." 4. Introduce for first reading Ordinance No. MC - 1487, an Ordinance of the Mayor and City Council 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. Mayor and City Council of the City of San Bernardino Page 7 Printed 3/30/2098 Joint Regular Meeting Agenda April 4, 2018 5. Adopt Resolon No. 2018-98, a Resolution of the Mayor andiC ouneil of the City of San Bernardino, California, authorizing the reclassification of the Business Registration Representative_ and Senior Business Registration Representative job classifications from unclassified to classified positions within the General Unit bargaining group and amending the salary schedule adopted by Resolution 2017-112 on June 21, 2017. 1 An Ordinance and Urgency Ordinance of the City of San Bernardino, California, Reauthorizing the City's Public, Educational, and Governmental Access and Support Fee Recommendation: pis CIP Work Plan Update Recommendation: 1. Introduce for first reading Ordinance No. MC - 1488, 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; and, 2. Adopt Urgency Ordinance No. MC -1489, an Urgency Ordinance of the City of San Bernardino, California, reauthorizing the City's Public, Educational, and Governmental Access and Support Fee. Receive Jnd file the �tt�ach2pdate on the FY 2017/18 Capital Improvement Program Work Plan. 19. Verdemont Community Center f� 4-41 Recommendation: 1. Direct the Public Works Department to prepare bid documents and solicit bids for the demolition/restoration of the Verdemont Community Center ("VCC") project site to a ff�1T condition which compliments Al Guhin Park and j ` meets Parks and Recreation landscape/facilities � /) standards. Mayor and City Council of the City f San Bernardino 2. Direct the Parks and Recreation Department to continue work on the City-wide assessment to evaluate each park site including the age and condition of amenities; identify best practices; and make recommendations related to the acreage and location of Park facilities, and community centers to best service the citizens of San Bernardino and meet current demand. Page 8 Printed 3/30/2098 Joint Regular Meeting Agenda April 4, 2018 20. Southern California Association of Governments Legislative Update Recommendation: Receive an oral report by Council Member Mulvihill. 21. Water Education for Latin Leaders (WELL) 2018 Annual Conference - March 22-23, 2018 Recommendation: Receive an oral report by Council Member Barrios. 22. Alternative Locations for City Council Chambers Recommendation: Review, discuss, and provide direction based on the findings of City Council Chambers relocation options. QUASI-JUDICIAL HEARINGS UC 0"� 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) Recommendation: Review, discuss, and take possible action on the request by the National Orange Sh =7n - Corporation to adopt Resolut n N-99 Resolution of the Mayor and Ci City of San Bernardino, California, approving Conditional Permit 18-01 for a Temporary Cannabis Event at the National Orange 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). Continue Public Hearing - Appeal of Pepe's Towing Recommendation: 11�; By mutual agreement of the parties, continue to April 18, 2018. /IX 1-0 Continue Public Hearin - Appeal 18-01 of Conditional Use Permit 17-22 - Drive Through Restaurant - 2855 Waterman Avenue Recommendation: By mutual agreement of the parties, continue to May 2, 2018. Mayor and City Council of the City of San Bernardino Page 9 Printed 3/30/2018 Joint Regular Meeting _,� , j- J 1 - Agenda April 4, 2018 26. General Plan Amendment 18-01' SubdVvision 18-01. Conditional Use Permit 18-01, and Finding of Public Convenience or Necessity Letter 18-01 Recommendation: 1. �UAz� ce Introduce for first reading 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 allow the reclassification of the General Plan Circulation Element street designation of Shandin Hills Drive from a Local Street to a Secondary Arterial; and f 'Adopt Resolution No. 2018-1,90, a Resolution of (3 the Mayor and City Council of the City of San Bernardino, California, adopting a Categorical �� Exemption, and approving Subdivision 18-01, .yam (� Conditional Use Permit 18-01, a request to allow a service station and convenience store with a Type - 20 (Off -sale Beer and Wine) ABC License, a drive-thru restaurant, and a sit down restaurant, and finding of Public Convenience or Necessity Letter 18-01 on a site of approximately 3.5 acres located at the southwest corner of Kendall Drive . fc4vj and Shandin Hills Drive within the Commercial C it �A General (CG -1) Zone and Transit District (TD) Overlay. PUBLIC HEARING 2Y. Adopt Resolutions for Commercial Cannabis Business Types, Commercial Cannabis Review Criteria, Commercial Cannabis Application Fee, Personal Cultivation Registration Fee, and Authorization to Access State and Federal Criminal Records Recommendation1 Adopt Resolution No. 2018-101, a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the maximum number of Commercial Cannabis Business Types, pursuant to San Bernardino Municipal Code Section 5.10.080. 2. Adopt Resolution No. 2018-102, a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing Commercial Cannabis Permit Application Review Criteria and Procedures pursuant to San Bernardino Municipal Code Section 5.10.090. Mayor and City Council of the City of San Bernardino Page 10 Printed 3/30/2018 Joint Regular Meeting Agenda April 4, 2018 3. Adopt Resolution No. 2018-103, a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing Commercial Cannabis Application Review and Appeal Fees, pursuant to San Bernardino Municipal Code Section 5.10.090 and 5.10.160. 4. Adopt Resolution No. 2018-104, a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing a Personal Cultivation in Private Residence Fee, pursuant to the San Bernardino Municipal Code Section 8.99.040(C). _ 5. Adopt Resolution No. 2018-105, a Resolution of Aj- the Mayor and City Council of the City of San Bernardino, California, approving an application to authorize the access to state and federal level summa criminal histo information for summary history employment, volunteers, contractors, licensing, or certification purposes. Xv- 28. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA 1/2) 29. ITEMS TO BE REFERRF-D TO CITY COUNCIL COMMITTEES 30. ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF 31. ADJOURNMENT a'►- . 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, April 18, 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. 6� �)iq a-e-� JIL -,(-A - ,mayor and City Council of the City of San Bernardino Page 11 Printed 3/30/2018 cam/ �t2 � ,�Lr �o� �%'ft %�iAD7� ier�,� �- �� . � /-r�.a�-�Lr-� f��, B-�7y� �1� , �' �•-- ✓�.:, Joint Regular Meeting Agenda April 4, 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 4, 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, March 30, 2018. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann °Gigi" Hanna, OMC, 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 12 Printed 3/30/2018