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HomeMy WebLinkAbout10-07-2020 Public AgendaIMPORTANT COVID-19 NOTICE In an effort to protect public health and prevent the spread of COVID-19 and to enable appropriate social distancing, the Mayor and City Council meeting is not open for public attendance at this time. All meetings will be held via tele-conference. To view the live meeting:  Select the link to view the live-stream on the City’s website: http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2952 or  Spectrum & Frontier customers may view the broadcast on Channel 3. You may also view the archived video on the City’s website the day after the meeting. To provide public comments:  Email your written comment to publiccomments@sbcity.org by 4:00 p.m. the day of the scheduled meeting; or  Call (909)384-5208 and leave a recorded comment not to exceed three (3) minutes by 4:00 p.m. the day of the scheduled meeting. The subject line of your email should include the meeting date, whether your comment is for the Study Session, Closed Session, or Open Session, and whether it is for public comment or for a specific agenda item. Example: 09/16/2020 - Open Session - Agenda Item No. 5 To provide public comments for a Public Hearing: Send an email to publiccomments@sbcity.org by 4:00 p.m. the day of the scheduled meeting. Include your name, telephone number, and the agenda item number. At the time of the requested agenda item, the City Clerk will call the commenter. Each person will be allowed to speak for up to three-minutes. Written comments will be provided to the Mayor and City Council prior to the meeting and will be posted online for public review, but will not be read aloud. Voicemail comments will be played aloud during the appropriate public comment portion of the meeting. Please note that written & recorded comments received after the deadline will not be included in the record until the next regular meeting. Recorded comments received passed the deadline will not be played during the meeting. To view PowerPoint presentations, written comments, or any revised documents for this meeting date select the link below: http://edocs.sbcity.org/WebLink/Browse.aspx?id=4096780&dbid=0&repo=SB Or visit the City Clerk’s page: From the City’s homepage www.sbcity.org select the Government category -->City Clerk-- > on the Navigation menu select Search for Records Online --> Council Agendas--> Current Year 2020--> Meeting Date Please call the City Clerk’s Office at (909) 384-5002 if you have any questions. CITY OF SAN BERNARDINO AGENDA FOR THE 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, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY WEDNESDAY, OCTOBER 7, 2020 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW .SBCITY.ORG Theodore Sanchez John Valdivia Jim Mulvihill MAYOR PRO-TEM, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Robert D. Field COUNCIL MEMBER, W ARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, W ARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha COUNCIL MEMBER, W ARD 4 CITY CLERK Henry Nickel COUNCIL MEMBER, W ARD 5 Bessine L. Richard COUNCIL MEMBER, W ARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. 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 Please contact the City Clerk’s Office (909) 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. Regular Meeting Agenda October 7, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 10/2/2020 CALL TO ORDER Attendee Name Present Absent Late Arrived Mayor Pro-Tem, 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 Jim Mulvihill    Mayor John Valdivia    City Manager Robert D. Field  City Attorney Sonia Carvalho    City Clerk Genoveva Rocha    5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. SB Pharma Holdings, Inc. dba The Row House v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS1914576 ii. Mirna Cisneros, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926 iii. Jackie Aboud, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562 iv. Karen Cervantes, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One case (C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager; Employee Organizations: International Union of Operating Engineers, General Unit; San Bernardino Police Management Association; Teamsters - Middle Management Unit; San Bernardino Police Officers Association; and San Bernardino Confidential-Management Association Regular Meeting Agenda October 7, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 10/2/2020 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA PRESENTATIONS 1. San Bernardino County Register of Voters Education Presentation for the 2020 Election Process [Westbound Communications] STAFF REPORTS 2. Cannabis Integrity Standards Ordinance and Resolution and Guidelines for Exchange of Existing Commercial Cannabis Business (CCB) Permit for CCB Microbusiness License (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action: 1. Accept for first reading, Ordinance MC-1547 adding to Chapter 5.10 a requirement for Cannabis Integrity Standards; 2. Adopt Resolution 2020-239, establishing Integrity Standards; and 3. Adopt Resolution 2020-240, Adopting Guidelines for the Exchange of Existing Commercial Cannabis Business (CCB) Permit Licenses for a Microbusiness License Type. 3. Policy on Procedure for Written Public Comments (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review, discuss, and provide direction to staff regarding a formal policy on the procedure for written public comments received for the Mayor and City Council meetings. 4. Resolutions Establishing the Measure S Citizens’ Oversight Committee and the Measure S Expenditure Policy (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-248 establishing the Measure S Citizens’ Oversight Committee; and adopt Resolution No. 2020-249 establishing the Measure S Expenditure Policy. Regular Meeting Agenda October 7, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 10/2/2020 PUBLIC HEARINGS 5. Resolution Adopting the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment 19-03, Introduction of Ordinance Approving Development Code Amendment (Zoning Map Amendment) 19-08, and Resolution Approving Subdivision 19-16 (Tentative Parcel Map 20189), and Development Permit Type -D 19-13 – Foisy East Project (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2020-236 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 19-03 to change the General Plan Land Use Designation from Open Space to Industrial of three (3) parcels (APN(S): 0280-151-07, 08, and 09) containing a total of approximately 13.97 acres (Attachment 1); 2) Introduce, read by title only, and waive further reading of Ordinance No. MC - 1546 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 19-08 to change the Zoning District Classification from Public Park (PP) to Industrial light (IL) of three (3) parcels (APN(S): 0280-151-07, 08, and 09) containing a total of approximately 13.97 acres, pursuant to a Mitigated Negative Dec laration (Attachment 2); 3) Adopt Resolution No. 2020-237 of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 19-16 (Tentative Parcel Map 20189) to consolidate ten (10) parcels into one (1) parcel containing approximately 20.29 acres, and Development Permit Type-D 19-13 to allow the development and establishment of an industrial warehouse containing approximately 467,125 square feet located southeast corner of S. Foisy Street and E. Central Avenue (APN(S): 0280-151-02, 03, 04, 05, 06, 07, 08, 09, 20, and 21 ), pursuant to a Mitigated Negative Declaration (Attachment 3); and 4) Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on October 21, 2020. 6. Ordinance Approving Development Code Amendment 20 -01 (Social Service Facilities) (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Introduce, read by title only, and waive further reading of Ordinance No. MC- 1548 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 20-01 amending Section 19.02.050 (Definitions) and Section 19.04.030(2)(T) (Development Standards - Social Regular Meeting Agenda October 7, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 10/2/2020 Service Uses/Centers) of the City of San Bernardino Development Code (Title 19) to update standards for Social Service Facilities; and 2) Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on October 21, 2020. 7. Resolution Approving the Vacation of an Alley, East of Scenic Drive (Ward 3) Recommendation Conduct public hearing per Streets and Highway Code sections 8322 -8325 and adopt Resolution 2020-241 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of the alley, east of Scenic Drive, and approximately 200 feet south of Inland Center Drive. 8. Resolution Approving the Application to LAFCO for City Sewer Services and Authorizing the City Manager to Execute an Irrevocable Agreement to Annexation (Ward 6) Recommendation Adopt Resolution No. 2020-242 of the Mayor and City Council of the City of San Bernardino, California, approving the Application to the Local Agency Formation Commission to provide City sewer services to a property within an unincorporated territory located on the southwest side of Cajon Boulevard, just south of Shelter Way (APN 0262-042-22) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. 9. Appeal 20-01 for Conditional Use Permit 20-08, BioLife Plasma Donation Facility–2065 E. Highland Avenue (Ward 7) Recommendation Adopt Resolution No. 2020-243 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 20-01, thereby upholding the Planning Commission’s decision finding the project subject to a categorical exemption and approving Conditional Use Permit 20-08 allowing the establishment of a BioLife Plasma Donation Center at 2065 E. Highland Avenue, San Bernardino, CA. 10. Imposing Liens on Certain Parcels of Real Property for Uncollected Business Registration Fees (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing to receive public comment o n the matter; and 2. Adopt Resolution No. 2021-244 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain properties for unpaid business registration taxes and penalties; and 3. Direct the Director of Finance to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing. Regular Meeting Agenda October 7, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 10/2/2020 CONSENT CALENDAR 11. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for September 2020. 12. Monthly Investment Portfolio Report for August 2020 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for August 2020. 13. Final Reading - Code Amendment on Sidewalk Vending (All Wards) Recommendation Accept for final reading and adopt Ordinance MC-1545 of the Mayor and City Council of the City of San Bernardino, California, adopting the Code Amendment to Section 5.30.120 and various Sections of Chapter 8.01 clarifying the City’s authority to enforce its Environmental Health Code. 14. Resolution Approving the Seventh Amendment to a Professional Services Agreement with Willdan Engineering (All Wards) Recommendation Adopt Resolution 2020-247 of the Mayor and City Council of the City of San Bernardino, California, approving the Seventh Amendment to th e Professional Services Agreement with Willdan Engineering for a period of six months with an additional three months to cover any unforeseen circumstances. 15. Final Reading and Adoption of Ordinance MC-1543 (Ward 2) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a final reading and adopt Ordinance MC -1543 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 to pay the annual cost of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Fa cilities District No. 2019-1 (Maintenance Services). 16. First Amendment to Cooperative Agreement with the City of Highland and the County of San Bernardino for Grant Application to the Active Transportation Cycle 5 Grant Program (Wards 1, 2, 5, 7) Recommendation Adopt Resolution No. 2020-245 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to Cooperative Agreement with the City of Highland and San Bernardino County for Grant Application to the Active Transportation Cycle 5 Grant Program ("First Amendment"), and authorizing the Director of Finance to record a budget adjustment in the amount of $11,408 in Local Regional Circulation Regular Meeting Agenda October 7, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 10/2/2020 Development Impact Fee Fund No. 263. 17. Resolution Approving the Final Tract Map No. 20261 - 1622 E. Victoria Avenue (Ward 3) Recommendation Adopt Resolution No. 2020-246 of the Mayor and City Council of the City of San Bernardino, California, approving the Final Tract Map No. 20261 (Subdivision 19 - 01) involving the subdivision of two (2) parcels containing a total of approximately 1.09 acres into five (5) single-family residential lots. The project site is located at 1622 E. Victoria Avenue within the Residential Urban (RU) Zone, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements. 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, October 21, 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 I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the October 7, 2020 Regular Meetin g 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 at 201 North “E” Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City’s website sbcity.org on Friday, October 2, 2020. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda October 7, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 10/2/2020 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 th e 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 Succe ssor 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 A cting 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 C ity 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.