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Home My WebLink About11-07-2016 Jt. Reg AgendaCITY OF SAN BERNARDINO AGENDA FOR THE JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY; AND THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY MONDAY, NOVEMBER 7, 2016 2:00 PM — CLOSED SESSION 4:00 PM — OPEN SESSION COUNCIL CHAMBER • 300 NORTH °D° STREET (LOBBY) • SAN BERNARDINO, CA 92418 • WWW.SBCITY.ORG 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 L. Mulvihill COUNCIL MEMBER, WARD 7 Mark Scott 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 4:30 pm the day of the meeting. o You may email your request to speak to publiccomments@sbcit.00rg if you cannot turn it in in person prior to 4:30 pm. 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 http://www. sbcitV. orp. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda November 7, 2016 CALL TO ORDER Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez ❑ ❑ ❑ Council Member, Ward 2 Benito J. Barrios ❑ ❑ ❑ Council Member, Ward 3 John Valdivia ❑ ❑ ❑ 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 Mark Scott ❑ ❑ ❑ 1. 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 Common Council and the Mayor and Common 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. Pursuant to Government Code Sections(s): 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 Enrique Savoeurn v. C. Lariz, et al. - San Bernardino Superior Court, Case No. CIVDS1602471; Xaver Priest v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS1400457; Jose Zamora, et al. v. 9 Unidentified San Bernardino City Police Officers, et al. - San Bernardino Superior Court, Case No. CIVDS1513869; Rogelio Quiroga v. Officer J. Betts - United States District Court, Case No. CV11-02029 VAP (DTBx); Corey Day v. City of San Bernardino, et al. - United States District Court, Case No. CV13-00362 JGB (SP); Mayor and Common Council of the City of San Bernardino Page 2 Printed 11/3/2016 Joint Regular Meeting Agenda November 7, 2016 2. 3. 4. 4A. 4B. 4C. Michael Street v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS910518. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2). C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4). City v. Estela Garibay D. Closed Session - personnel - pursuant to Government Code Section 54957(b): E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957(a): F. Conference with labor negotiator - pursuant to Government Code Section 54957.6 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. CLOSED SESSION REPORT APPOINTMENTS PRESENTATIONS Special Recognition — Adam Lunt — Mayor R. Carey Davis Resolution Recognizing Steve and Linda Sutherland — Retiring from "Fun Corner" — Council Member Barrios Bankruptcy/Strategic Planning Update -- Management Partners 4D. Chamber of Commerce & Local Elected Officials Announcements Mayor and Common Council of the City of San Bernardino Page 3 Printed 11/3/2016 Joint Regular Meeting Agenda November 7, 2016 PUBLIC COMMENTS FOR ITEMS LISTED ON THIS AGENDA A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common 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 speaker slips to the City Clerk by 4:30 p.m. the day of the meeting. If you wish, you may email your speaking request publiccomments(aD-sbcity.org prior to the beginning of the meeting. 5. CONSENT CALENDAR All Consent Calendar items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member requests that the item be removed from the Consent Calendar and 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 those three minutes. 5A. CITY CLERK Waive Full Reading of Resolutions and Ordinances (#4693) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated November 7, 2016. 5113. City Clerk Council Minutes -- October 17, 2016 (#4687) [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council meeting of October 17, 2016, as submitted. 5C. Civil Service Personnel Actions - Classified [Ward(s): All] Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. Mayor and Common Council of the City of San Bernardino Page 4 Printed 11/3/2016 Joint Regular Meeting Agenda November 7, 2016 bi 5E. 5F. 5G. 5H. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino Approving Development Code Amendment 16-06 Amending Chapter 19.06 (Commercial Zones) Section 19.06.030(2)(Q) (Development Standards)(Specific Standards for Commercial Zones) (Recycling Facilities for Reusable Domestic Containers) of the Development Code (Title 19) of the San Bernardino Municipal Code to Establish Development Standards and an Approval Process for Unattended Collection Boxes or Similar Structures in Non -Residential Zoning Districts. (FINAL READING) (#4609 and #4718) [Ward(s): All] Motion: Adopt the Ordinance. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Accepting a Grant in the Amount of $398,200 from the California Department of Housing and Community Development for an On -Site Community Center at Waterman Gardens. (#4655) [Ward(s): All] Motion: Adopt the Resolution. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Mills Act Preservation Agreement with Samuel Harvey and Erin Chester -Harvey for the Property Located at 515 W. 21 St Street, San Bernardino. (#4697) [Ward(s): 2] Motion: Adopt the Resolution. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Confirming Costs of Abatement of Public Nuisances and Imposing Liens on Certain Real Property Located Within the City of San Bernardino for the Costs of Abatement. (#4659) [Ward(s): All] Motion: Adopt the Resolution. FinanrP Approval of Commercial Checks and Payroll Checks (#4685) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. Mayor and Common Council of the City of San Bernardino Page 5 Printed 11/3/2016 Joint Regular Meeting Agenda November 7, 2016 51. Finance Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the Agreement Between the City of San Bernardino and Revenue and Cost Specialists, LLC. for a Cost Allocation Plan and User Fee Study. (#4704) [Ward(s): ] Motion: Adopt the Resolution. 5J. Human Resources Personnel Actions - Unclassified (#4682) [Ward(s): All] Motion: Approve the unclassified personnel actions, as submitted by the Interim Director of Human Resources, in accordance with City policies and procedures. 5K. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Salaries for Police Department Ranges P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Chief) and P-7 (Chief) August 1, 2016. (#4671) [Ward(s): ] Motion: Adopt the Resolution. 51L. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Classification of Community Engagement Specialist, Reclassifying the Classification of Community Engagement Officer to Community Engagement Specialist and Deleting the Classification of Community Engagement Officer for the Police Department. (#4672) [Ward(s): ] Motion: Adopt the Resolution. 5M. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Classification of Procurement/Contract Support Services Division Manager (U) and Approving the Job Description; Reclassifying Purchasing Manager to Procurement/Contract Support Services Division Manager (U); and Deleting the Purchasing Manager Classification. (#4707) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 11/3/2016 Joint Regular Meeting Agenda November 7, 2016 50. �-U 5R. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Lease Agreement and Authorizing the Issuance of a Purchase Order to Chase Financial Services for a Parking Lot Lease. (#4681) [Ward(s): All] Motion: Adopt the Resolution. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of the Second Three -Year Extension of the Alarm Administration Services Agreement Between PMAM Corporation and the City of San Bernardino. (#4684) [Ward(s): All] Motion: Adopt the Resolution. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Receipt, Obligation, and Appropriation of the Allocated FY 2016/2017 Justice Assistance Grant (JAG) Funds and Execution of a JAG Sub Award Grant Agreement Between the City of San Bernardino and County of San Bernardino. (#4701) [Ward(s): All] Motion: Adopt the Resolution. Public Works Ordinance of the Mayor and Common Council of the City of San Bernardino Amending the San Bernardino Municipal Code, Title 8, Health and Safety, Article 24 Entitled "Refuse and Solid Waste", Incorporating and Repealing Article 8.24.5 Entitled "Construction and Demolition Waste Recycling Program" and Article 8.25, Entitled "Scrap Tires." (FINAL READING) (#4678 and #4719) [Ward(s): All] Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and Los Angeles Smsa Limited Partnership (Dba Verizon Wireless) for the Lease of City Owned Property at Nicholson Park. (#4555) [Ward(s): 6] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 11/3/2016 Joint Regular Meeting Agenda November 7, 2016 5S. Public Works 5T. 5U. Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and Los Angeles SMSA Limited Partnership (Dba Verizon Wireless) for the Lease of City Owned Property at Speicher Memorial Park. (#4580) [Ward(s): 7] Motion: Adopt the Resolution. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Second Amendment to the Vendor Services Agreement with West Coast Arborists, Inc. for Tree Trimming Services. (#4658) [Ward(s): ] Motion: Adopt the Resolution. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 4 to Lease RL 2470 with Metropolitan Water District of Southern California, Regarding Assessment District No. 1055 in the Pine Avenue and Redwood Street Area, Tract No. 17716. (#4608) [Ward(s): 5] Motion: Adopt the Resolution. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Cooperative Agreement No. 16-1001398 Between San Bernardino Associated Governments (Sanbag) and the City of San Bernardino for San Bernardino Valley Coordinated Traffic Signal System Operation and Maintenance (Local Agency Retiming) (#4588) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 11/3/2016 Joint Regular Meeting Agenda November 7, 2016 1.1 [1-Y_1 7 7A. 7B PUBLIC HEARINGS -- TO BE HEARD AT 5:30 P.M. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino, California Not Adopting a Categorical Exemption and Denying General Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17 to Change of the General Plan Land Use Designation from Residential Suburban to Residential Medium High -20 and the Zoning District from Residential Suburban (RS) to Residential Medium High -20 (RMH-20) for Three Parcels Containing a Total of Approximately 3.57 Acres in Order to Construct a Planned Unit Development Comprised of 51 Attached Residential Units Located at 4630 N. "F" Street (APN: 0265-191-17, 18 and 34) Within the Sphere of Influence of the Unincorporated Area of the City of San Bernardino. (At Meeting of July 18, 2016, Item Continued to September 6, 2016) (#4536) [Ward(s): 4] Motion: 1) Close the Public Hearing; 2) Adopt Resolution (please see Attachment 1) not adopting the Categorical Exemption; and, denying General Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17, based upon the recommended Findings of Fact. STAFF REPORTS City Attorney An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Chapter 8.90 Related to Mobile Home Rents. (FIRST READING) (#4702) [Ward(s): All] Motion: Lay over Ordinance for final adoption. City Manager Resolution of the Governing Board of the San Bernardino Joint Powers Financing Authority Authorizing the Sale and Issuance of the San Bernardino Joint Powers Financing Authority Lease Revenue Refunding Bonds (Rosa Parks Memorial State Office Building) 2016 Series A; Approving the Forms and Authorizing the Execution and Delivery of an Indenture, an Amended and Restated Lease Purchase Agreement, and an Escrow Agreement; Approving the Forms of a Continuing Disclosure Agreement and Notice of Sale; Approving the Form of and Authorizing the Delivery of a Preliminary Official Statement and an Official Statement; and Approving Other Related Actions (#4708) [Ward(s): 1] Motion: Adopt the Resolution and authorize all additional actions necessary to accomplish the purposes of the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 11/3/2016 Joint Regular Meeting Agenda November 7, 2016 7C. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Lease Agreement with the Inland Empire 66Ers Baseball Club of San Bernardino, Inc. for the Property Located at 280 South "E" Street, San Bernardino, California and Approving Certain Related Actions. (#4722) [Ward(s): 1] Motion: Adopt the Resolution. 7D. Council Office 2016 American Planning Association California Conference (#4703) [Ward(s): All] Motion: Receive and file. 7E. Council Office 2016 League of California Cities Annual Conference & Expo Reports by Council Members Marquez, Barrios, Valdivia and Nickel (#4705) [Ward(s): All] Motion: Receive and file. 7F. Council Office Homelessness Task Force Ad Hoc Committee (#4706) [Ward(s): N/A] Motion: Create a Homelessness Task Force Ad Hoc Committee and appoint Council Members Nickel, Valdivia and Richard to the committee. 7G. Water Resolution of the Common Council of the City of San Bernardino (1) Approving the Issuance of Not to Exceed $45,000,000 Aggregate Principal Amount of Sewer Revenue Bonds, Series 2016 (City of San Bernardino Sewer Facilities Project) of the California Municipal Finance Authority; (Ii) Approving the Form of an Indenture of Trust and Authorizing the Execution and Delivery of an Installment Purchase Agreement, a Continuing Disclosure Agreement, a Bond Purchase Agreement and Other Related Documents; (Iii) Approving the Delivery of an Official Statement; and (Iv) Approving Certain Actions in Connection Therewith (#4709) [Ward(s): N/A] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 10 Printed 11/3/2016 Joint Regular Meeting Agenda November 7, 2016 8. ITEMS TO BE RECONSIDERED 8A. Council Office Discuss and Take Possible Action Regarding the Reconsideration of General Plan Amendment 16-03 and Development Code Amendment 15-01 for Mary's Village a Men's Residential Complex for Up to 85 Residents. (#4715) [Ward(s): ] Motion: Direct staff to publish a new public hearing notice for reconsideration of General Plan Amendment 16-03 and Development Code Amendment 15-01. 9. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 10. ITEMS TO BE REFERRED TO COUNCIL COMMITTEES 11. ADJOURNMENT The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, November 21, 2016, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. Mayor and Common Council of the City of San Bernardino Page 11 Printed 11/3/2016 Joint Regular Meeting Agenda November 7, 2016 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council and the Mayor and Common 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 Common Council and the Mayor and Common 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 Common Council and the Mayor and Common 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 Common Council and the Mayor and Common 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 Common Council and the Mayor and Common 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 staff member responsible for collecting speaker request slips at the time the request to speak is made. The Mayor and Common Council and the Mayor and Common 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 Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and Common Council and the Mayor and Common 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 Common Council of the City of San Bernardino Page 12 Printed 11/3/2016