HomeMy WebLinkAbout02-19-2020 Public Agenda
CITY OF SAN BERNARDINO
AGENDA
F OR THE
R EGULAR M EETING OF THE M AYOR AND C ITY C OUNCIL
OF THE C ITY OF S AN B ERNARDINO, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS
THE S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN
B ERNARDINO A CTING AS THE S UCCESSOR H OUSING A GENCY TO THE R EDEVELOPMENT A GENCY, AND M AYOR
AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE H OUSING A UTHORITY
WEDNESDAY, FEBRUARY 19, 2020
5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION
C OUNCIL C HAMBER 555 W EST 6 TH S TREET S AN B ERNARDINO, CA 92410 WWW.SBCITY.ORG
John Valdivia
Theodore Sanchez James Mulvihill
M AYOR
M AYOR P RO-T EM, W ARD 1 C OUNCIL M EMBER, W ARD 7
Sandra Ibarra Teri Ledoux
C OUNCIL M EMBER, W ARD 2 C ITY M ANAGER
Juan Figueroa Gary D. Saenz
C OUNCIL M EMBER, W ARD 3 C ITY A TTORNEY
Fred Shorett
C OUNCIL M EMBER, W ARD 4 C ITY C LERK
Henry Nickel VACANT
C OUNCIL M EMBER, W ARD 5 C ITY T REASURER
Bessine L. Richard
C OUNCIL M EMBER, W ARD 6
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 may email your request to speak
to publiccomments@sbcity.org prior to 5:30 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 time limit, per person, for all comments, excluding public or 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 public or 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 909)384-5002 two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o be accessed online by
going to www.sbcity.org.
o Please turn off or mute your cell phone while the meeting is in session.
Regular Meeting Agenda February 19, 2020
CALL TO ORDER
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
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 John Valdivia
City Clerk Georgeann "Gigi" Hanna
City Attorney Gary D. Saenz
City Manager Teri Ledoux
5:30 P.M.
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
a. SB Pharma Holdings, Inc. dba The Row House v. City of San Bernardino,
San Bernardino Superior Court Case No. CIVDS1914576
b. Arrowhead Lodge No. 896 I.B.P.O.E. of W and its members v. City of San
Bernardino, San Bernardino Superior Court Case No. CIVDS1913826
c. Ashe Society SB, LLC v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1911952
d. EEL Holdings, Inc., LLC v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1906467
e. Kostadinos Kahros, et al. v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1830325
f. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1905710
g. KP Investment Group, LLC v. City of San Bernardino, et al., San
Bernardino Superior Court Case No. CIVDS1909577
h. Quiang Ye, et al. v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1704276, Court of Appeals Case No.
D076196
i. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1922151
j. Isaak Bruno by and through his GAL, Ashley Dunning, et al. v. City of San
Bernardino, San Bernardino Superior Court Case No. CIVDS190255
k. Jorge Adan Pelayo vs. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1912441
l. M.H. by and through G.A.L. Nikitta Young v. City of San Bernardino, San
Bernardino Superior Court Case No. CIVDS1936459
Mayor and City Council of the City of San Bernardino Page 2 Printed 2/18/2020
Regular Meeting Agenda February 19, 2020
m. Arrowhead Professional Center, et al. v. City of San Bernardino, et al.,
San Bernardino Superior Court Case No. CIVDS1909462
n. g v. City of San Bernardino, et al., United
States District Court Case No. 5:18-cv-02277 SVW (SPx)
o.
Bernardino, Virginia Marquez, et al., 9th Circuit Court of Appeal, Case No.
19-56501
p. v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS1827968
q. , California Court of Appeal,
4th Appellate District, Division 2, Case No. E074145 (Underlying SBSC
Case No. CIVDS1827968)
r. Gary Saenz and Georgeann Hanna v. City of San Bernardino, et al., San
Bernardino Superior Court Case No. CIVDS2003802
s. Andrea Miller v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVDS1926978
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): four cases
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
APPOINTMENTS
1. Sandra L. Kurkoske - Animal Control Commission Appointment - Third Ward
Councilmember Juan Figueroa
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Sandra Kurkoske to the Animal Control
Commission representing Ward 3.
PRESENTATIONS
2. Chamber of Commerce & Local Elected Officials Announcements
3. Ruth Chafin - Citizen of the Month - 7th Ward Councilmember Jim Mulvihill
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Mayor and City Council of the City of San Bernardino Page 3 Printed 2/18/2020
Regular Meeting Agenda February 19, 2020
STAFF REPORTS
4. Request to Amend Commercial Cannabis Business Permit to Provide a
Change in Location from 4130 W. Hallmark Parkway to 390 N. H Street
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the commercial cannabis business permit location change from
4130 W. Hallmark Parkway to 390 N. H Street.
5. Receive and File the Comprehensive Annual Financial Report for Fiscal Year
2018/19
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the Fiscal Year 2018/19 Comprehensive Annual
Financial Report (CAFR).
6. Mid-Year Financial Review - Fiscal Year 2019/20
Recommendation
Adopt Resolution No. 2020-42 of the Mayor and City Council of the City of San
Budget Update and related budget amendment actions.
CONSENT CALENDAR
7. City Council Approval of Draft Minutes for June through September 2019
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the minutes from the Mayor and City Council meetings of June
5, 2019, June 11, 2019, June 19, 2019, July 17, 2019, August 7, 2019, August 21,
2019, September 4, 2019 and February 5, 2020.
8. Receive and File Minutes Approved from Various City Boards & Commissions
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the minutes from the City Board, Commission, and
Citizen Advisory Committee meetings approved in December 2019 and January
2020.
9. Approval of Commercial and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for January 2020.
Mayor and City Council of the City of San Bernardino Page 4 Printed 2/18/2020
Regular Meeting Agenda February 19, 2020
10. 2nd Reading of Ordinance of MC-1530 Approving Development Code
Amendment - Norton Science
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept for final reading and adopt Ordinance No. MC-1530, approving
Development Code Amendment (Zoning Map Amendment) 19-05 to change the
Zoning District Classification from Residential Suburban (RS) and Office Industrial
Park (OIP) to Public Facilities (PF) of sixteen (16) parcels (APN(S): 0136-261-11,
23, 24, 25, 26, 27, 28, 29, 36, 37, 41, 42, 43, 44, 50, and 57) containing
approximately 18.06 acres (Attachment 1).
11. Adoption of 2020 Legislative and Regulatory Platform
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the 2020 Legislative and Regulatory Platform.
12. SB 2 Planning Grant
Recommendation
Adopt Resolution No. 2020-37 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to instruct Evan Brooks
Associates to submit an updated City Council resolution with the application for the
SB 2 Planning Grant intended to fund the update to the City's Development Code.
13. Imposing Liens to Recover Costs for Code Enforcement Public Nuisance
Abatements
Recommendation
Adopt Resolution No. 2020-38 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain real property located within the City
San Bernardino for the costs of Code Enforcement public nuisance abatements.
14. License Agreement and Street Dedication with S&S Baseline 76, Inc. for a
Permanent Encroachment at 799 W. Baseline Street (APN 0140-013-26)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-39 accepting the street dedication for APN
0140-013-26 and APN 0140-0131-06, 07, and authorizing the execution of a
License Agreement with S&S Baseline 76 Inc. for the encroachment of four (4)
parking stalls and parking lot lights at 799 W. Baseline Street, San Bernardino.
15. Rejecting Construction Bids for 201 E Street ADA Parking Expansion
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, Adopt Resolution No. 2020-41 rejecting all bids for the 201 E Street ADA
Parking Expansion Project and allow staff to revisit the required scope of work and
research additional funding sources.
Mayor and City Council of the City of San Bernardino Page 5 Printed 2/18/2020
Regular Meeting Agenda February 19, 2020
ITEMS TO BE REFERRED TO COMMITTEE
REPORTS ON CONFERENCES/MEETINGS ATTENDED
ADJOURNMENT
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,
March 4, 2020 in the Council Chamber located at 555 West 6th Street, San Bernardino,
California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00
p.m.
CERTIFICATION OF POSTING AGENDA
, City Clerk for the City of San Bernardino, California, hereby
certify that the agenda for the February 19, 2020 Regular Meeting of the Mayor and City Council
and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency
was po
California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino,
California, sbcity.org on Friday, February 14, 2020 .
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Mayor and City Council of the City of San Bernardino Page 6 Printed 2/18/2020
Regular Meeting Agenda February 19, 2020
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.
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 7 Printed 2/18/2020