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Home My WebLink AboutAnnotated Agenda 02-19-2020CITY OF SAN BERNARDINO ANNOTATED 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, FEBRUARY 19, 2020 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION COUNCIL CHAMBER • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia James Mulvihill MAYOR PRO-TEM, WARD 1 MAYOR COUNCIL MEMBER, W ARD 7 Sandra Ibarra Teri Ledoux COUNCIL MEMBER, WARD 2 CITY MANAGER Juan Figueroa Gary D. Saenz COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Georgeann “Gigi” Hanna COUNCIL MEMBER, WARD 4 CITY CLERK Henry Nickel VACANT COUNCIL MEMBER, WARD 5 CITY TREASURER Bessine L. Richard COUNCIL MEMBER, WARD 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 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. o Please turn off or mute your cell phone while the meeting is in session. Regular Meeting Annotated Agenda February 19, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 2/18/2020 CALL TO ORDER The Regular Meeting of the Mayor and City Council was called to order at 7:14 p.m. 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 Regular Meeting Annotated Agenda February 19, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 2/18/2020 l. M.H. by and through G.A.L. Nikitta Young v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1936459 m. Arrowhead Professional Center, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1909462 n. Pepe’s Inc. dba Pepe’s Towing v. City of San Bernardino, et al., United States District Court Case No. 5:18-cv-02277 SVW (SPx) o. Pepe’s, Inc., a California corporation, dba Pepe’s Towing v. City of San Bernardino, Virginia Marquez, et al., 9th Circuit Court of Appeal, Case No. 19-56501 p. Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1827968 q. Pepe’s Inc. v. City of San Bernardino, et al., 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 The Mayor and City Council convened into closed session. Chief Assistant City Attorney Sonia Carvalho announced that there was no reportable action taken during Closed Session. 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. RESULT: ADOPTED [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting Annotated Agenda February 19, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 2/18/2020 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 At this time, the public was invited to speak on items not listed on the agenda. 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. RESULT: ADOPTED [4-3] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Figueroa, Shorett, Nickel, Richard NOES Sanchez, Ibarra, Mulvihill 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 Bernardino, California, approving the City of San Bernardino’s Fiscal Year 2019/20 Budget Update and related budget amendment actions. Regular Meeting Annotated Agenda February 19, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 2/18/2020 RESULT: ADOPTED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill ABSENT: Figueroa CONSENT CALENDAR MOTION BY COUNCILMEMBER SHORETT, SECOND BYCOUNCILMEMBER NICKEL, CARRIED 7-0 TO APPROVE THE CONSENT CALENDAR. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 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. 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). Regular Meeting Annotated Agenda February 19, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 2/18/2020 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. ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED ADJOURNMENT The meeting of the Mayor and the City Council was adjourned at 10:44 p.m. on Wednesday, February 19, 2020. ___________________________________ Georgeann “Gigi” Hanna, MMC, City Clerk