HomeMy WebLinkAbout05-01-2017 Agenda BackupCITY OF SAN BERNARDINO
AGENDA
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
MONDAY, MAY 1, 2017
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 R. Carey Davis James Mulvihill
COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Benito Barrios
Mark Scott
COUNCIL MEMBER, W ARD 2 CITY MANAGER
John Valdivia Gary D. Saenz
COUNCIL MEMBER, W ARD 3 CITY ATTORNEY
Fred Shorett Georgeann “Gigi” Hanna
COUNCIL MEMBER, W ARD 4 CITY CLERK
Henry Nickel David Kennedy
COUNCIL MEMBER, W ARD 5 CITY TREASURER
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 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@sbcity.org if you cannot turn it in in person
prior to 4:30 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.sbcity.org.
o Please turn off or mute your cell phone while the meeting is in session.
Joint Regular Meeting Agenda May 1, 2017
Mayor and City Council of the City of San Bernardino Page 2 Printed 05/01/2017
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
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
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
Steven Avila v. City of San Bernardino, WCAB Case No. ADJ8741453
Jason Pitsor v. City of San Bernardino, WCAB Case Nos. ADJ9629427 and
ADJ10488437
Clay Stowers v. City of San Bernardino, WCAB Case No. ADJ8486513
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4):
City v. Junjian Sui & Niantin Xie City v. Jorge & Rosario Gonzalez
City v. McKinley Holding 1LLC
CLOSED SESSION REPORT
Joint Regular Meeting Agenda May 1, 2017
Mayor and City Council of the City of San Bernardino Page 3 Printed 05/01/2017
PRESENTATIONS
1. Citizen Recognition for December 2nd – Police Chief Jarrod Burguan
2. Proclamation of the Mayor and City Council – Building & Safety Month –
Mayor R. Carey Davis
3. Buddhist Tzu Chi Foundation Presentation – Mr. Michael Tsai
4. San Bernardino Valley College Neighborhood Association Presentation –
Mr. Jim Eble
5. Certificate of Recognition San Bernardino High School – Jamie Rios and
Mr. Cardinal Court Members – Council Member Virginia Marquez
6. Retirement Resolution: Gregory C. Deveraux – San Bernardino County CEO
– Council Member Henry Nickel
7. Chamber of Commerce & Local Elected Officials Announcements
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 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 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 to publiccomments@sbcity.org prior to the beginning of the
meeting. Emailed requests to speak will not be accepted from anyone but the person
requesting to speak.
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.
8. Waive Full Reading of Resolutions and Ordinances
Recommendation: Waive full reading of resolutions and ordinances on
the agenda dated May 1, 2017.
Joint Regular Meeting Agenda May 1, 2017
Mayor and City Council of the City of San Bernardino Page 4 Printed 05/01/2017
9. City Council Approval of Minutes
Recommendation: Approve the minutes of the Mayor and City Council
meeting of April 3, 2017 and April 17, 2017.
10. City Council Approval of Commercial and Payroll Checks
Recommendation: Approve the commercial and payroll checks for April
2017.
11. Job Corp Work Based Learning Program
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, authorizing the
City Manager to execute a Volunteer Services
Agreement between the City of San Bernardino and
Inland Empire Job Corps Center for the Job Corp
Work Based Learning Program.
12. Copier Purchase with Konica Minolta Business Solutions
Recommendation: Resolution of the Mayor and City Council of the City
of San Bernardino Authorizing the execution of
Agreements and Purchase Orders for the provision of
multifunction copier equipment with Konica Minolta
Business Solutions in an amount not to exceed
$260,000.
13. Establish Job Description and Classification for CMO- Ceasefire
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California establishing
and approving the classification and job description of
Community Intervention Program Manager (U).
14. Rancho Palma Specific Plan – Final Reading; and Resolution Approving
Subdivision
Recommendation: Accept for final reading and adopt an Ordinance of
the Mayor and City Council of the City of San
Bernardino, California, approving the Rancho Palma
Specific Plan – General Plan Amendment 16-01,
Development Code Amendment 16-01, and adopt
Resolution approving Subdivision 16-02 (Tentative
Parcel Map 19701) and Subdivision 16-03 (Tentative
Parcel Map 20006).
Joint Regular Meeting Agenda May 1, 2017
Mayor and City Council of the City of San Bernardino Page 5 Printed 05/01/2017
15. Development Code Amendment related to Pawn Shops - Final Reading
Recommendation: Accept for final reading and adopt an Ordinance of
the Mayor and City Council of the City of San
Bernardino, California, approving a Development
Code Amendment 17-02.
16. General Plan and Development Code Amendment related to 2500 N. Del
Rosa Avenue - Final Reading
Recommendation: Accept for final reading and adopt an Ordinance of
the Mayor and City Council of the City of San
Bernardino, California, approving General Plan
Amendment 16-08 and Development Code
Amendment (Zoning Map Amendment) 16-10.
17. Destruction of Obsolete Records in the Police Department
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, approving the
destruction of certain obsolete records by the San
Bernardino Police Department.
18. Establish Job Description and Classification for Public Works Deputy
Director/Engineer
Recommendation: Adopt a Resolution of the Mayor and City Council of
the City of San Bernardino, California, reestablishing
the classification and job description for the Deputy
Director of Public Works/ City Engineer (U).
PUBLIC HEARINGS
19. FY 2017-2018 HUD Annual Action Plan
Recommendation: Open the Public Hearing, take any testimony, and
continue the Public Hearing to May 15, 2017.
Joint Regular Meeting Agenda May 1, 2017
Mayor and City Council of the City of San Bernardino Page 6 Printed 05/01/2017
STAFF REPORTS
20. Exclusive Right to Negotiate Agreement with Mark Development, Inc. for an
approximately 17.43-acre vacant property located at the southwest corner
of East Highland and Arden Avenues (Successor Agency Item)
Recommendation: Adopt a Resolution of the Mayor And City Council of
the City Of San Bernardino acting as the Successor
Agency to the Redevelopment Agency of the City of
San Bernardino approving the exclusive right to
negotiate agreement between the City of San
Bernardino And Mark Development, Inc. with respect
to an approximately 17.43-Acre Vacant Property
located at the Southwest corner of East Highland and
Arden Avenues, San Bernardino, and approving
certain related actions.
21. International Security West Conference
Recommendation: Receive and file.
22. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
23. ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES
24. ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF
25. 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 is
scheduled for 2:00 p.m., Monday, May 15, 2017, in the Council Chamber of
City Hall, 300 North “D” Street, San Bernardino, California.
Joint Regular Meeting Agenda May 1, 2017
Mayor and City Council of the City of San Bernardino Page 7 Printed 05/01/2017
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.
This Page Is Left Intentionally Blank
Consent Calendar
City of San Bernardino
Request for Council Action
\
Date: May 1, 2017
To: Honorable Mayor and City Council Members
From: Gigi Hanna, City Clerk
Subject: Waive Full Reading of Resolutions and Ordinances
Recommendation
Waive full reading of Resolutions and Ordinances on the agenda dated May 1, 2017.
8.a
Packet Pg. 10 Attachment: Waive Reading.Report_May 1 (4961 : Waive Full Reading of Resolutions and Ordinances)
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Consent Calendar
City of San Bernardino
Request for Council Action
\
Date: May 1, 2017
To: Honorable Mayor and City Council Members
From: Gigi Hanna, City Clerk
Subject: Draft Minutes for April 3, 2017, and April 17, 2017
Recommendation
Approve the minutes of the Mayor and City Council meetings of April 3, 2017, and April
17, 2017, as submitted.
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Packet Pg. 11 Attachment: Minutes_cover_5_1_17 (4962 : City Council Approval of Minutes)
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CITY OF SAN BERNARDINO
DRAFT MINUTES
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
MONDAY, APRIL 3, 2017
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 R. Carey Davis James Mulvihill
COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Benito Barrios
Mark Scott
COUNCIL MEMBER, W ARD 2 CITY MANAGER
John Valdivia Gary D. Saenz
COUNCIL MEMBER, W ARD 3 CITY ATTORNEY
Fred Shorett Georgeann “Gigi” Hanna
COUNCIL MEMBER, W ARD 4 CITY CLERK
Henry Nickel David Kennedy
COUNCIL MEMBER, W ARD 5 CITY TREASURER
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 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@sbcity.org if you cannot turn it in in person
prior to 4:30 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.sbcity.org.
o Please turn off or mute your cell phone while the meeting is in session.
9.b
Packet Pg. 12 Attachment: 04-03-2017_ Minutes Draft (4962 : City Council Approval of Minutes)
Joint Regular Meeting DRAFT MINUTES April 3, 2017
Mayor and City Council of the City of San Bernardino Page 2 Printed 03/30/2017
Call to Order
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 2:07 PM
Benito J. Barrios Council Member, Ward 2 Present 2:07 PM
John Valdivia Council Member, Ward 3 Present 2:21 PM
Fred Shorett Council Member, Ward 4 Present 2:09 PM
Henry Nickel Council Member, Ward 5 Present 2:07 PM
Bessine L. Richard Council Member, Ward 6 Present 2:07 PM
James Mulvihill Council Member, Ward 7 Present 2:06 PM
Georgeann "Gigi" Hanna City Clerk Present 1:29 PM
R. Carey Davis Mayor Present 2:00 PM
Gary D. Saenz City Attorney Present 2:00 PM
Mark Scott City Manager Present 2:00 PM
CLOSED SESSION
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
Redevelopment Agency of the City of San Bernardino v. DMC Investment
Holdings, LLC, et al., Los Angeles Superior Court Case No. BC 465755; and
Placo San Bernardino, LLC v. City of San Bernardino, et al., Los Angeles
Superior Court Case No. BC 468955
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation – Government Code Section 54956.9(d)(2):
City of San Bernardino v. City of Grand Terrace
CLOSED SESSION REPORT
City Attorney Gary Saenz reported the following action occurred in Closed Session:
Under Agenda Item B, Significant Exposure to Litigation:
City of San Bernardino v. City of Grand Terrace: Council gave negotiation directive by
consensus, with Council Members Barrios and Valdivia absent.
Reading of Resolutions and Ordinances
Chief Deputy City Clerk John Paul Maier read into the record the titles of all the
resolutions and ordinances on the agenda for April 3, 2017.
Invocation/Pledge of Allegiance
Pastor Harvie Haynes of Ecclesia Christian Fellowship led the invocation and the
Pledge of Allegiance.
9.b
Packet Pg. 13 Attachment: 04-03-2017_ Minutes Draft (4962 : City Council Approval of Minutes)
Joint Regular Meeting DRAFT MINUTES April 3, 2017
Mayor and City Council of the City of San Bernardino Page 3 Printed 03/30/2017
PRESENTATIONS
1. Recognition to the Participants of the Mayor’s Youth Academy Pilot
Program 2017 – Mayor R. Carey Davis
Mayor Davis recognized four students from Pacific High school:, Carolina
Chavez, Alma Quezada, Mariah Stafford and Kimberly Sanchez for participating
in the Mayor’s Youth Academy, a pilot project to allow students to shadow the
Mayor. He also recognized their teacher CJ Eastwood, and principal, Natalie
Raymundo.
2. Presentation to the Library – Proclaiming April as Library Week – Mayor R.
Carey Davis
Mayor Davis issued a proclamation naming April as National Library Week to
acting City Librarian Ed Erjavek.
3. Presentation to the San Bernardino County Children and Family Services –
Proclaiming April as Child Abuse Prevention Month – Mayor R. Carey Davis
Mayor Davis provided a proclamation naming April as Child Abuse Prevention
Month. The proclamation was accepted by Kaylee Calderon from San Bernardino
County Children and Family Services.
4. Presentation to the Inland Fair Housing and Mediation Board – Proclaiming
April as Fair Housing Month – Mayor R. Carey Davis
Council Member Valdivia provided a proclamation to the Inland Fair Housing and
Mediation Board naming April as Fair Housing Month. The proclamation was
accepted by Jaime Palomino on behalf of the Inland Fair Housing and Mediation
Board.
5. Announcement for the City of San Bernardino Art Night – April 21 & 22,
2017 – Community Development Director Mark Persico
Mark Persico announced the City’s second annual Art Night, with more than 100
entrants, music, food trucks and other organizations. He acknowledged financial
support from the Fine Arts Commission and Council Member Marquez. Fine Arts
commissioners Joyce Seeger, Barbara Babcock and Deborah Bunger also
participated in the announcement.
6. Chamber of Commerce & Local Elected Officials Announcements
Leslie Stevens, San Bernardino Area Chamber of Commerce Board
Representative, announced the baseball events for the Inland Empire 66ers at
the San Manuel Stadium held on April 6,8,11, and 12, 2017. She announced
Evita to be held on April 8, 2017 at the California of the Performing Arts Theatre
and noted that the Chamber Koffee Klatch will be held on April 5, 2017.
9.b
Packet Pg. 14 Attachment: 04-03-2017_ Minutes Draft (4962 : City Council Approval of Minutes)
Joint Regular Meeting DRAFT MINUTES April 3, 2017
Mayor and City Council of the City of San Bernardino Page 4 Printed 03/30/2017
CONSENT CALENDAR
Council Member Marquez pulled item 8 for purposes of abstention. Council Member
Nickel pulled items 11, 13, 14, and 15 for further discussion.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
7. City Clerk
Waive Full Reading of Resolutions and Ordinances
Approved
Motion: Waive full reading of resolutions and ordinances on
the agenda dated April 3, 2017.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
8. City Clerk
City Council Approval of Minutes – March 20, 2017
Council Member Marquez abstained from the vote because she was not at the
March 20, 2017 Mayor and City Council meeting.
Approved
Motion: Approve the minutes of the Mayor and City Council
meeting of March 20, 2017 as submitted.
RESULT: ADOPTED [6 TO 0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
ABSTAIN: Virginia Marquez
9. Finance
Council Approval of Commercial and Payroll Checks
Approved
Motion: Approve the commercial and payroll checks for March
2017.
9.b
Packet Pg. 15 Attachment: 04-03-2017_ Minutes Draft (4962 : City Council Approval of Minutes)
Joint Regular Meeting DRAFT MINUTES April 3, 2017
Mayor and City Council of the City of San Bernardino Page 5 Printed 03/30/2017
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
10. Parks and Recreation
New Hope Summer Work Program
Approved
Motion: Adopt the resolution.
Reso. 2017-56 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager to execute a volunteer services agreement
between the City of San Bernardino and New Hope
Missionary Baptist Church for the New Hope Summer
Youth Program.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
11. Human Resources
Housing Division Manager (U) Job Description and Classification
Approved
Motion: Adopt the resolution.
Reso.2017-57 Resolution of the Mayor and City Council of the City
of San Bernardino, California, establishing the
classification and job description for the Housing
Division Manager (U).
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
9.b
Packet Pg. 16 Attachment: 04-03-2017_ Minutes Draft (4962 : City Council Approval of Minutes)
Joint Regular Meeting DRAFT MINUTES April 3, 2017
Mayor and City Council of the City of San Bernardino Page 6 Printed 03/30/2017
12. Human Resources
Maintenance Worker III Job Description and Classification
Approved
Motion: Adopt the resolution.
Reso. 2017-58 Resolution of the Mayor and City Council of the City
of San Bernardino, California, establishing the
classification and job description for the Maintenance
Worker III.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
13. Community Development
Amendment Number One to Consulting Services Agreement with Mary Blaise
Approved
Motion: Adopt the resolution.
Reso. 2017-59 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving Amendment
Number One to increase the contract amount of a
Professional Services Agreement with Mary A. Blais
in an amount not to exceed $120,000 for planning
project management services.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
14. Police
Board of State and Community Corrections (BSCC) 2017 Local Law
Enforcement Grant
Approved
Motion: Adopt the resolution.
Reso. 2017-60 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the
acceptance and administration of the Board of State
and Community Corrections (BSCC) 2017 Local Law
Enforcement Grant in the amount of $55,811.60,
9.b
Packet Pg. 17 Attachment: 04-03-2017_ Minutes Draft (4962 : City Council Approval of Minutes)
Joint Regular Meeting DRAFT MINUTES April 3, 2017
Mayor and City Council of the City of San Bernardino Page 7 Printed 03/30/2017
amendment of the FY 2016/2017 Adopted Budget,
and the issuance of a Purchase Order to Embassy
Consulting Services in the amount not to exceed
$24,000.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
15. Human Resources
Establishing a Basic Compensation Plan for Temporary/ Part - Time Officers
And/Or Employees
Approved
Motion: Adopt the resolution.
Reso. 2017-61 Adopt a Resolution of the City of San Bernardino,
California, establishing hourly rates for Temporary/
Part-Time Officers and/or employees of the City of
San Bernardino.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
PUBLIC HEARING
16. Community Development
Rancho Palma Specific Plan – Final Environmental Impact Report, General Plan
Amendment 16-01, Development Code Amendment (Zoning Map Amendment)
16-01, and Specific Plan 16-01
Speaker
Eric Flodine
Approved
Motion: 1. Adopt the resolution; and
2. Introduce for first reading, an Ordinance of the
Mayor and City Council of the City of San
Bernardino, California, Approving General Plan
Amendment 16-01, Development Code
Amendment (Zoning Map Amendment) 16-01,
9.b
Packet Pg. 18 Attachment: 04-03-2017_ Minutes Draft (4962 : City Council Approval of Minutes)
Joint Regular Meeting DRAFT MINUTES April 3, 2017
Mayor and City Council of the City of San Bernardino Page 8 Printed 03/30/2017
and Specific Plan 16-01 to Change the General
Plan Land Use Designations and Zoning
Districts of an Area Containing Approximately
41.6 Acres to the Rancho Palma Specific Plan;
3. Schedule the second reading of the above
ordinance to the regularly scheduled meeting
of the Mayor and City Council on May 1, 2017;
and
4. Refer the Resolution approving the Subdivision
16-02 (Tentative Parcel Map 19701) and
Subdivision 16-03 (Tentative Parcel Map
20006) to the regularly scheduled meeting of
the Planning Commission on April 19, 2017 for
further consideration and return to the Mayor
and City Council at the regularly scheduled
meeting of May 1, 2017.
Reso. 2017-62 Resolution of the Mayor and City Council of the City
of San Bernardino, California, Certifying the Final
Environmental Impact Report (State Clearinghouse
No. 2016031080) for General Plan Amendment 16-
01, Development Code Amendment (Zoning Map
Amendment) 16-01, Specific Plan 16-01 (Rancho
Palma Specific Plan), Subdivision 16-02 (Tentative
Parcel Map 19701, and Subdivision 16-03 (Tentative
Parcel Map 20006), and Adopting the Findings of Fact
and Mitigation Monitoring and Reporting Program
Pursuant to the Requirements of the California
Environmental Quality Act.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Benito Barrios, Council Member, Ward 2
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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Joint Regular Meeting DRAFT MINUTES April 3, 2017
Mayor and City Council of the City of San Bernardino Page 9 Printed 03/30/2017
STAFF REPORTS
17. City Manager
Final Reading and Adoption of Ordinances Related to Charter Implementation
Recommendation: 1. Introduce for second reading and adopt an
Ordinance amending portions of Chapter 1.08 of the
San Bernardino Municipal Code relating to resolutions
and ordinances to implement the provisions of the
newly adopted Charter;
2. Introduce for second reading and adopt an
Ordinance repealing and replacing Chapter 2.02 of
the San Bernardino Municipal Code regarding the
position of City Manager;
3. Introduce for second reading and adopt an
Ordinance repealing and replacing Section 2.01.010
of the San Bernardino Municipal Code regarding the
Mayor Pro Tempore to conform to the City's Charter;
and
4. Introduce for second reading and adopt an
Ordinance repealing and replacing Chapter 2.58 of
the San Bernardino Municipal Code regarding
meetings.
Approved
Motion: Approve recommendations for items 1, 2, and 3.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Council Member Shorett made a motion, seconded by Council Member Mulvihill to
amend the Ordinance repealing and replacing Chapter 2.58 of the San Bernardino
Municipal Code regarding meetings to have Mayor and City Council meetings on the
first and third Wednesdays of the month, beginning at 4 p.m. for Closed Session and 5
p.m. for Open Session.
A substitute motion by Council Member Valdivia, seconded by Council Member Nickel,
suggested that the meeting days remain the same, but the start time for Closed Session
be 5:30 p.m. and the start time for Open Session be 6:30 p.m.
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Mayor and City Council of the City of San Bernardino Page 10 Printed 03/30/2017
Approved
Motion: Amend the Ordinance repealing and replacing
Chapter 2.58 of the San Bernardino Municipal Code
regarding meetings to have Mayor and City Council
meetings on the first and third Wednesdays of the
month, beginning at 5:30 p.m. for Closed Session and
6:30 p.m. for Open Session.
RESULT: ADOPTED [4-3]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Barrios, Valdivia, Nickel, Richard
NOES: Marquez, Shorett, Mulvihill
The Mayor called for a break at 6:20 p.m. and the meeting reconvened at 6:34 p.m. At
that time, Council Member Barrios said he would like to change his yes vote on the
previous vote to a no, causing the item to fail and putting Council Member Shorett’s
original motion into consideration.
Approved
Motion: Amend the Ordinance repealing and replacing Chapter 2.58
of the San Bernardino Municipal Code regarding meetings to
have Mayor and City Council meetings on the first and third
Wednesdays of the month, beginning at 4 p.m. for Closed
Session and 5 p.m. for Open Session.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
18. City Manager
Property Assessed Clean Energy (PACE) Program Providers - Golden State
Finance Authority (GSFA)
Speakers
George Apostolopoulos
Leah Wiggs
Approved
Motion: Adopt the resolutions.
Reso. 2017-63 Resolutions of the Mayor and City Council of the City
Reso. 2017-63A of San Bernardino, California, finding that this project
is not subject to the California Environmental Quality
Act, and consenting to the inclusion of properties
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Mayor and City Council of the City of San Bernardino Page 11 Printed 03/30/2017
within the territory of the City in the Golden State
Finance Authority (GSFA) Ygrene Energy Fund
PACE Program, authorizing GSFA to accept
applications from property owners, conduct
contractual assessment proceedings and levy
contractual assessments within the territory of the City
and authorizing related actions.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
19. City Manager
Property Assessed Clean Energy Program Providers - California Statewide
Communities Development Authority
Speakers
Leah Wiggs
Brandon Edwards
Jonathan Kevles
Approved
Motion: Adopt the resolution.
Reso. 2017-64 Resolution of the Mayor and City Council of the City
of San Bernardino, California, finding that this project
is not subject to the California Environmental Quality
Act, and consenting to the inclusion of properties
within the territory of the City in the California
Statewide Communities Development Authority
(CSCDA) Open PACE Program, authorizing CSCDA
to accept applications from property owners, conduct
contractual assessment proceedings and levy
contractual assessments within the territory of the City
and authorizing related actions.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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Mayor and City Council of the City of San Bernardino Page 12 Printed 03/30/2017
20. City Attorney
Authorization to execute on behalf of the City
Approved
Motion: Adopt the resolution.
Reso. 2017-64A Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the Mayor
to execute Unconditional Commitment Letters and a
Letter to the President of the United States.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
21. City Council
Military Banner Committee Update
The Mayor and City Council received an oral update from Military Banner Ad Hoc
Committee Chair, Council Member Virginia Marquez.
No vote was taken on this item.
22. Community Development
Discussion of options for Developing an Unreinforced Masonry Building
Ordinance.
Recommendation: Review and discuss options for developing an
Unreinforced Masonry Building (URM) Ordinance and
provide direction to staff.
23. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Juan Marcos Ramirez, San Bernardino, spoke about the continuing concerns
he has about the speeding in his neighborhood and said he was grateful to city
staff and Council Member Nickel for their help in addressing the issues.
Larry Heasley, San Bernardino, spoke about the Verdemont Community Center
needing to be retrofitted for years. He said he is concerned about how long it is
taking to do the project that is 120 days in, but less than half completed. He said
he is frustrated by a lack of communication about the situation.
Randy Jacobs, President of Kendall Hills Neighborhood Association, said it is
hard to watch the Verdemont community center remain unusable when there had
been funding available for a retrofit, but is no longer available. She also decried
the length of notice given to the group to vacate the center for the retrofit, and
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Joint Regular Meeting DRAFT MINUTES April 3, 2017
Mayor and City Council of the City of San Bernardino Page 13 Printed 03/30/2017
the length of the job. She said the community needs to have an expectation of
when they can use the site again.
Sandra Ibarra, San Bernardino, said she was concerned about housing and
development decisions being made in the city and fees charged for properties.
She asked that the council be respectful of the businesses and residents here
and said she would like to be involved in the discussion of the honeless situation.
Ivan Aguayo, San Bernardino, handed a letter of invitation to the Mayor and City
Council about a town hall to be held April 27 from 6:30 p.m. to 9:30 p.m. at the
Garcia Center to participate in a discussion about the letter written to President
Trump seeking assistance to handle immigration issues.
Leah Rowell Wiggs spoke about the Renovate America and HERO program.
24. ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES
No items were referred to Council Committees.
25. ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF
The Mayor and City Council provided brief comments about their activities .
26. 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 is
scheduled for 2:00 p.m., Monday, April 17, 2017, in the Council Chamber of
City Hall, 300 North “D” Street, San Bernardino, California.
By: __________________________
John Paul Maier, CMC
Chief Deputy City Clerk
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Joint Regular Meeting DRAFT MINUTES April 3, 2017
Mayor and City Council of the City of San Bernardino Page 14 Printed 03/30/2017
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.
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Packet Pg. 25 Attachment: 04-03-2017_ Minutes Draft (4962 : City Council Approval of Minutes)
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
http://www.sbcity.org
DRAFT MINUTES
Mayor and City Council of the City of San Bernardino Page 1 Printed 3/21/2017
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
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
MONDAY, APRIL 17, 2017
COUNCIL CHAMBER
The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino was
called to order by Mayor R. Carey Davis at 2:03 p.m., Monday, April 17, 2017, in the Council
Chamber, 300 North "D" Street (Lobby), San Bernardino, CA.
Roll Call
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 2:00 p.m.
Benito J. Barrios Council Member, Ward 2 Present 4:00 p.m.
John Valdivia Council Member, Ward 3 Present 2:38 p.m.
Fred Shorett Council Member, Ward 4 Present 2:00 p.m.
Henry Nickel Council Member, Ward 5 Present 2:00 p.m.
Bessine L. Richard Council Member, Ward 6 Present 4:00 p.m.
James Mulvihill Council Member, Ward 7 Present 2:00 p.m.
R. Carey Davis Mayor Present 2:00 p.m.
Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m.
Gary D. Saenz City Attorney Present 2:00 p.m.
Mark Scott City Manager Present 2:00 p.m.
Mayor R. Carey Davis
Council Members
Virginia Marquez
Benito Barrios
John Valdivia
Fred Shorett
Henry Nickel
Bessine Richard
Jim Mulvihill
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Mayor and City Council of the City of San Bernardino Page 2 Printed 3/21/2017
Closed Session
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
Quiang Ye, et al. v. City of San Bernardino, San Bernardino Superior Court Case
No. CIVDS 1704276
AMF 1278, LLC, et al. v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVDS 1702219
Kush Concepts Collective, et al. v. City of San Bernardino, San Bernardino
Superior Court Case No. CIVDS 1702131
Michael Lee, et al. v. City of San Bernardino , San Bernardino Superior Court
Case No. CIVDS 1704539
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4):
City v. Jim Phung
City v. Wells Fargo Bank, N.A.
C. CONFERENCE WITH LABOR NEGOTIATOR – Pursuant to Government
Code Section 54957.6:
Negotiator: Helen Tran, Human Resources Director
Mark Scott, City Manager
Employee Organizations: General Unit
Middle Management
Police Safety
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to
Government Code Section 54956.8:
Property Address: An approximately 18-acre vacant site consisting of 74
parcels located at the southwest corner of East
Highland and Arden Avenues (APNs 1191-021-01;
1191-021-11 to 69; 1191-041-17 to 22; and 1191-041-
25 to 32).
Negotiating Parties: Mark Scott, City Manager
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Mayor and City Council of the City of San Bernardino Page 3 Printed 3/21/2017
Andrea Miller, Assistant City Manager
Closed Session Report
City Attorney Gary Saenz reported the following actions occurred in Closed
Session:
Under Agenda Item No. 1A, Conference with Legal Counsel
In re: City of San Bernardino, US Bankruptcy Court Case No. 6:12 -bk-
28006 MJ:
With respect to one of the bankruptcy claims, Council gave settlement
directive by a vote of 4-0, with Council Members Barrios, Valdivia and Richard
absent.
Quiang Ye, et al. V. City of San Bernardino, Superior Court Case No.
CIVDS 1704276;
Council gave litigation directive by a vote of 4-0, with Council Members
Barrios, Valdivia and Richard absent.
AMF 1278, LLC, et al. V. City of San Bernardino. Superio r Court Case No.
CIVDS 1702219;
Council gave litigation directive by a vote of 4-0, with Council Members
Barrios, Valdivia and Richard absent.
Kush Concepts Collective, et al. V. City of San Bernardino, Superior Court
Case No. CIVD 1702131;
Council gave litigation directive by a vote of 4-0, with Council Members
Barrios, Valdivia and Richard absent.
Michael Lee, et al. v. City of San Bernardino, Superior Court Case No.
CIVDS 1704539:
Council gave litigation directive by a vote of 4-0, with Council Members
Barrios, Valdivia and Richard absent.
Under Agenda Item No. 1B, Conference with Legal Counsel – Anticipated
Litigation:
City v. Jim Phung
Council gave settlement direction by a vote of 5-0, with Council Members
Barrios and Richard absent.
City v. Wells Fargo Bank, N.A.
Council gave settlement direction by a vote of 5-0, with Council Members
Barrios and Richard absent.
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Mayor and City Council of the City of San Bernardino Page 4 Printed 3/21/2017
Under Agenda Item No. 1D, Conference with Real Property Negotiators:
An approximately 18-acre vacant site consisting og 74 parcels located at the
southwest corner of East Highland and Adren Avenues (APNs 1191-021-01;
1191-021-11 to 69; 1191-041-17 to 22; and 1191-041-25 to 32
Council gave negotiation directive by a vote of 5-0, with Council Members
Barrios and Richard absent.
Presentation of Colors and Pledge of Allegiance
Boy Scout Troop 1, Inland Empire Council, Arrowhead District, presented the colors
and led the Pledge of Allegiance.
National Anthem
The Star Spangled Banner was sung by the Estrella Family: Kathleen, Khiarra, Khaeryst
and Xander Estrella
Reading of Resolutions and Ordinances
Chief Deputy City Clerk John Paul Maier read into the record the titles of all the
resolutions and ordinances on the agenda for April 17, 2017.
Invocation/Pledge of Allegiance
Pastor Ray Turner of Temple Missionary Baptist led the invocation.
Presentations
1. Recognition to the Participants of the Mayor’s Youth Academy Pilo t
Program- Mayor R. Carey Davis
Mayor Davis presented certificates to three students who shadowed the Mayor
recently: Michael Pelayo, Kenya Gomez and Alma Delgado. He also presented
certificates to the students from Assemblyman Steinorth’s office.
2. Proclamation of the Mayor & City Council Proclaiming April 29, 2017 as Day
of Service – Mayor R. Carey Davis
Mayor Davis presented a proclamation to Dr. Margaret Hill, a member of the San
Bernardino Service Council.
3. 2017 Mayors’ Institute on City Design Update – Mayor R. Carey Davis
Mayor Davis provided an update of the topics discussed recently at the
Washington DC conference.
4. Student of the Month – Anthony Evans – Council Member Benito Barrios
Council Member Barrios honored Pacific High School student Anthony Evans for
being Student of the Month and presented him with a certificate.
5. Citizen of the Month: Norton Air Force Base Museum Volunteer Board –
Council Member Henry Nickel
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Council Member Nickel honored the volunteer board of the Norton Air Force
Base Museum: President Robert Edwards; Vice President Mike Parkerson;
Secretary Gil Vanegas; Treasurer Jane Sneddon; and board members RC Grant;
Tom Killough; Art LaMonthe; Billy Mitchell; Bonnie Seath; Gary Jacobs; and
Robert Turner.
6. Hometown Military Banner Ad Hoc Committee 11th Unveiling of the
Hometown Heroes Military Banners Presentation – Council Members
Virginia Marquez, Fred Shorett, John Valdivia
Council Member Virginia Marquez and IT Director Mitch Cochran presented the
11th unveiling of the Hometown Heroes Military Banners, honoring: Jason
Barajas, Army; Amanda Cortez, Army; Christopher E lizalde, Navy; Emilio Flores,
Army; Michael Garcia, Marine Corps; Cherrelle Littlefield-Rojas, Air Force;
Dominic Saenz, Marine Corps; Michael Valenzuela, Army; and Philipe Vazquez,
Army. Following the presentation, the Estrella Family sang “Proud to Be an
American.”
7. Chamber of Commerce & Local Elected Officials Announcements
Lesley Stevens announced the upcoming Chamber of Commerce events.
Roxanna Garcia, from Assemblywoman Eloise Reyes’ office, thanked the Mayor
and City Council for being responsive after the shooting at Northpark Elementary
School.
Consent Calendar
Council member Valdivia pulled item 15 to abstain because of his business relationship
with the party involved.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
8. City Clerk
Waive Full Reading of Resolutions and Ordinances on the agenda dated April
20, 2017.
Approved
Motion: Waive Full Reading of Resolutions and Ordinances on the agenda
dated April 20, 2017 April 17, 2017.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
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Mayor and City Council of the City of San Bernardino Page 6 Printed 3/21/2017
9. Finance
Council Approval of Commercial and Payroll Checks
Approved
Motion: Approve the commercial and payroll checks for March
2017.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
10. City Clerk
Approval of Destruction of Certain Records
Approved
Motion: Adopt the resolution.
Reso. 2017-65 Resolution of the Mayor and City Council of the City of San
Bernardino, California, approving the destruction of certain
records by the City Clerk's Office.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
11. Community Development
Housing Related Parks Program Grant Application for Arrowhead Grove
Approved
Motion: Adopt the resolution.
Reso. 2017-66 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the submittal of the
Housing Related Parks Program application to the
California Department of Housing and Community
Development for the Notice of Funding availability dated
November 16, 2016.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
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12. City Manager
Ordinance Repealing and Replacing Charter 2.58 Regarding Meetings
Approved
Motion: Adopt the Ordinance repealing and replacing Chapter
2.58 of the San Bernardino Municipal Code regarding
meetings.
MCC. 1438 Ordinance of the Mayor and City Council of the City of
San Bernardino, California, repealing and replacing
Chapter 2.58 of the San Bernardino Municipal Code
regarding meetings.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
13. City Manager
Beverage Container Recycling Grant Application
Approved
Motion: Adopt the resolution.
Reso. 2017-67 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the
submittal of an application for Payment Programs
offered by CalRecycle and approving related
authorizations.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
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14. City Manager
Amendment Number One to Vendor Services Agreement with Urban Futures, Inc
Approved
Motion: Adopt the resolution.
Reso. 2017-68: Resolution of the Successor Agency to the
Redevelopment Agency of the City of San
Bernardino, California, approving Amendment
Number One to the Vendor Services Agreement with
Urban Futures, Inc., and approving certain related
actions.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
15. City Manager
Professional Services Agreement with Cota Cole, LLP
Approved
Motion: Adopt the resolution.
Reso. 2017-69: Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager to execute a Professional Services
Agreement with Cota Cole LLP, for outside counsel
services for litigation related to Measure O.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
16. City Manager
Subordination of a Deed of Trust in Connec tion 5080 Sundance Drive, San
Bernardino, California
Approved
Motion: Adopt the resolution.
Reso. 2017-70: Resolution of the Mayor and City Council of the City
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of San Bernardino, California, acting as the
Successor Housing Agency to the Redevelopment
Agency of the City of San Bernardino approving the
Subordination of a Deed of Trust in connection with a
Refinancing of the Senior Mortgage Relating to real
property located at 5080 Sundance Drive, San
Bernardino, California.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
PUBLIC HEARING
17. Community Development
General Plan Amendment 16-08, Development Code Amendment (Zoning Map
Amendment) 16-10 and Categorical Exemption
Approved
Motion: Introduce for first reading, an Ordinance of the Mayor and
City Council of the City of San Bernardino, California,
approving General Plan Amendment 16-08 and
Development Code Amendment (Zoning Map Amendment)
16-10, and Categorical Exemption.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
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Packet Pg. 34 Attachment: 4-17-17 Jt. Reg_gh_draft (4962 : City Council Approval of Minutes)
Regular Meeting DRAFT Minutes April 17, 2017
Mayor and City Council of the City of San Bernardino Page 10 Printed 3/21/2017
18. Community Development
Development Code Amendment 17-02 and Conditional Use Permit 17-16
Approved
Motion: 1. Introduce for first reading, an Ordinance of the Mayor
and City Council of the City of San Bernardino, California,
approving Development Code Amendment 17-02; and,
2. Adopt the resolution.
Reso. 2017-71: Resolution the Mayor and City Council of the City of San
Bernardino, California, adopting a Categorical Exemption
and approving Conditional Use Permit 17-06 to allow the
relocation, establishment and operation of an existing pawn
shop currently located within the Carousel Mall to an existing
commercial building located at 415 W. 5th Street, Suite E
(APN: 0134-141-165) within the Commercial Regional (CR-
3) Zone.
RESULT: ADOPTED [6-0]
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
Staff Reports
19. City Clerk
Southern California Association of Governments General Assembly Delegate
and Alternate
Approved
Motion: Approve Jim Mulvihill as the delegate and Henry Nickel as
the alternate to the 2017 Southern California Association of
Governments (SCAG) Regional Conference General
Assembly (GA) May 4-5 2017 in Palm Desert, California.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
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Packet Pg. 35 Attachment: 4-17-17 Jt. Reg_gh_draft (4962 : City Council Approval of Minutes)
Regular Meeting DRAFT Minutes April 17, 2017
Mayor and City Council of the City of San Bernardino Page 11 Printed 3/21/2017
20. Human Resources
Amendment to CalPERS Contract to Establish a New Retirement Benefit
Formula for Police Safety
Approved
Motion:
1. Adopt a Resolution of Intention of the Mayor and City
Council of the City of San Bernardino, California, to
approve an amendment to the contract between the
Mayor and City Council of the City of San Bernardino
and the Board of Administration of the California
Public Employees’ Retirement System (CalPERS);
and
2. Introduce for first reading an Ordinance of the Mayor
and City Council of the City of San Bernardino,
California, authorizing an amendment to the contract
between the Mayor and City Council of the City of
San Bernardino and the Board of Administration of
the California Public Employees’ Retirement System.
Reso. 2017-72: Resolution of Intention of the Mayor and City Council of the
City of San Bernardino, California, to approve an
amendment to the contract between the Board of
Administration of the California Public Employees’
Retirement System and the Mayor and City Council of the
City of San Bernardino, California
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
21. Civil Services
Wastewater Collection System Transfer
Approved
Motion: Adopt the resolution.
Reso. 2017-73 Joint resolution of the Mayor and City Council of the City of
San Bernardino, California, and the Water Board of the City
of San Bernardino, California, authorizing the transfer of the
wastewater collection system and services from the Public
Works Department to the Water Department.
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Packet Pg. 36 Attachment: 4-17-17 Jt. Reg_gh_draft (4962 : City Council Approval of Minutes)
Regular Meeting DRAFT Minutes April 17, 2017
Mayor and City Council of the City of San Bernardino Page 12 Printed 3/21/2017
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
22. City Manager
Final Relocation Plan for the Carousel Mall Closure Project
Speakers
Wayne Skiles
Tim Prince
Mark Westwood
Danny Morales
Approved
Motion: Adopt the resolution.
Reso. 2017-74 Resolution of the Mayor and City Council of the City of San
Bernardino, California, approving the final Relocation Plan
for the Carousel Mall Closure Project, and approving certain
related actions.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
23. Community Development
Ratification of the San Bernardino County Fire Protection District Board’s
Adoption of 2016 California Fire Code with Local Amendments
Approved
Motion: Adopt the resolution.
Reso. 2017-75 Resolution of the Mayor and City Council of the City of San
Bernardino, California, ratifying the San Bernardino County
Fire Protection District Board’s Adoption of the 2016
California Fire Code with Local Amendments for
Enforcement within the City of San Bernardino.
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Packet Pg. 37 Attachment: 4-17-17 Jt. Reg_gh_draft (4962 : City Council Approval of Minutes)
Regular Meeting DRAFT Minutes April 17, 2017
Mayor and City Council of the City of San Bernardino Page 13 Printed 3/21/2017
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
24. Community Development
Ordinance regarding Abatement of Fire Hazards and Hazardous Trees
Approved
Motion: Introduce for First Reading an Ordinance adopting Chapter 3
of Division 3 of Title 2 of the San Bernardino County Code
related to the abatement of fire hazards and hazardous trees
with local amendments, and set a Public hearing date for
adoption of the Ordinance for May 15, 2017.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
25. City Attorney
Creation of a Citizens Advisory Committee Regarding Marijuana Policy
Approved
Motion: Continue item to a workshop to be determined after polling
City Council members and additional information, to include
the configuration of the committee and the scope of its
charge.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
9.c
Packet Pg. 38 Attachment: 4-17-17 Jt. Reg_gh_draft (4962 : City Council Approval of Minutes)
Regular Meeting DRAFT Minutes April 17, 2017
Mayor and City Council of the City of San Bernardino Page 14 Printed 3/21/2017
26. City Attorney
2017/18 San Manuel Credit Funds
Approved
Motion: Review and discuss the San Manuel Band of Mission
Indians’ Proposal to Allocate 2017/18 San Manuel Credit
Funds, and direct the City Manager, or his designee , to
transmit a letter of support for the Tribe’s Proposal to the
Governor’s Office.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill
ABSENT: Richard
27. Public Comments for Items Not on the Agenda
Margaret Hill, San Bernardino, thanked everyone for being at the vigil and for
supporting the staff and students at North Park Elementary School. She said that only
44 students didn't show up for school on Monday, the first day the campus was open
after the shooting.
Deanna Adams, San Bernardino, spoke about an information request she made to the
city and characterized the city's URM policy as a land grab. She said she had compiled
a list of the URM buildings in San Bernardino and said the City needs to do a full survey
of the buildings.
Robert Porter, San Bernardino, said it was good that the city is discussing things that
people care about, such as marijuana. He also asked that p eople do whatever they can
to make the situation better for the students at North Park Elementary School, and
suggested volunteering for career day or other school events.
Jay Lindberg, San Bernardino, spoke about climate change and urged people to limit
their carbon footprint.
William Cioci, San Bernardino, said he would like to be part of the city’s potential
cannabis commission.
James Albert, San Bernardino, thanked the mayor and city manager for meeting with
him and provided numbers about jobs and Amazon and its business model.
28. Items to be referred to Council Committees
No items were referred to Council Committees.
29. Announcements by Mayor, City Council and Executive Staff
The Mayor and City Council provided brief comments about their activities .
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Packet Pg. 39 Attachment: 4-17-17 Jt. Reg_gh_draft (4962 : City Council Approval of Minutes)
Regular Meeting DRAFT Minutes April 17, 2017
Mayor and City Council of the City of San Bernardino Page 15 Printed 3/21/2017
30. Adjournment
The meeting adjourned at 7:03 p.m. in memory of Karen Elaine Smith and Jonathan
Martinez, victims of the shooting at North Park Elementary School. 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 is scheduled for 2:00 p.m., Monday,
May 1, 2017, in the Council Chamber at City Hall. A joint special meeting of the meeting
of the Mayor and City Council is scheduled for 5:00 p.m., Monday, April 24, 2017, in the
EDA Board Room at 201 N. E Street.
By: __________________________
Georgeann “Gigi” Hanna, CMC
City Clerk
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Packet Pg. 41 Attachment: Commercial Checks and Payroll.REPORT (4963 : City Council Approval of Commercial and Payroll Checks)
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Packet Pg. 203 Attachment: Rancho Palma 2nd Reading. ATTACHMENT 3. (4972 : Rancho Palma Specific Plan – Final Reading; and Resolution Approving
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Packet Pg. 204 Attachment: Rancho Palma 2nd Reading. ATTACHMENT 4. (4972 : Rancho Palma Specific Plan – Final Reading; and Resolution Approving
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Packet Pg. 205 Attachment: Development Code Amendment-2nd reading. REPORT (4973 : Development Code Amendment Related to Pawn Shops - Final
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Packet Pg. 206 Attachment: Development Code Amendment-2nd reading. REPORT (4973 : Development Code Amendment Related to Pawn Shops - Final
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Packet Pg. 207 Attachment: Development Code Amendment-2nd reading. ATTACHMENT 1. Ordinance (4973 : Development Code Amendment Related to Pawn
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Packet Pg. 210 Attachment: Development Code Amendment-2nd reading. ATTACHMENT 1. Ordinance (4973 : Development Code Amendment Related to Pawn
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Packet Pg. 211 Attachment: General Plan Amendment.REPORT (4974 : General Plan and Development Code Amendment Related to 2500 N. Del Rosa Avenue -
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Packet Pg. 212 Attachment: General Plan Amendment. ATTACHMENT 1.Ordinance (4974 : General Plan and Development Code Amendment Related to 2500 N.
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Packet Pg. 213 Attachment: General Plan Amendment. ATTACHMENT 1.Ordinance (4974 : General Plan and Development Code Amendment Related to 2500 N.
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Packet Pg. 214 Attachment: General Plan Amendment. ATTACHMENT 1.Ordinance (4974 : General Plan and Development Code Amendment Related to 2500 N.
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Packet Pg. 217 Attachment: General Plan Amendment. ATTACHMENT 1.Ordinance (4974 : General Plan and Development Code Amendment Related to 2500 N.
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Packet Pg. 218 Attachment: General Plan Amendment. ATTACHMENT 1.Ordinance (4974 : General Plan and Development Code Amendment Related to 2500 N.
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Packet Pg. 219 Attachment: General Plan Amendment. ATTACHMENT 1.Ordinance (4974 : General Plan and Development Code Amendment Related to 2500 N.
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Packet Pg. 220 Attachment: Destruction of Obsolete Records. REPORT (4966 : Destruction of Obsolete Records in the Police Department)
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Packet Pg. 221 Attachment: Destruction of Obsolete Records. REPORT (4966 : Destruction of Obsolete Records in the Police Department)
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Packet Pg. 222 Attachment: Destruction of Obsolete Records. ATTACHMENT 1. Resolution (4966 : Destruction of Obsolete Records in the Police Department)
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Packet Pg. 223 Attachment: Destruction of Obsolete Records. ATTACHMENT 1. Resolution (4966 : Destruction of Obsolete Records in the Police Department)
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Packet Pg. 225 Attachment: Dep Director or Public Works. REPORT (4968 : Establish Job Description and Classification for Public Works Deputy
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Packet Pg. 226 Attachment: Dep Director or Public Works. REPORT (4968 : Establish Job Description and Classification for Public Works Deputy
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Packet Pg. 227 Attachment: Dep Director or Public Works. ATTACHMENT 1 and EXHIBIT A (4968 : Establish Job Description and Classification for Public
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Packet Pg. 231 Attachment: Dep Director or Public Works. ATTACHMENT 1 and EXHIBIT A (4968 : Establish Job Description and Classification for Public
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Packet Pg. 232 Attachment: Dep Director or Public Works. ATTACHMENT 1 and EXHIBIT A (4968 : Establish Job Description and Classification for Public
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Packet Pg. 233 Attachment: HUD Annual Action Plan.REPORT (4969 : FY 2017-2018 HUD Annual Action Plan)
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Packet Pg. 234 Attachment: HUD Annual Action Plan.REPORT (4969 : FY 2017-2018 HUD Annual Action Plan)
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Packet Pg. 235 Attachment: Exclusive Right to Neg Mark Development.REPORT (4970 : Exclusive Right to Negotiate Agreement with Mark Development, Inc.)
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Packet Pg. 236 Attachment: Exclusive Right to Neg Mark Development.REPORT (4970 : Exclusive Right to Negotiate Agreement with Mark Development, Inc.)
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Packet Pg. 237 Attachment: Exclusive Right to Neg Mark Development.REPORT (4970 : Exclusive Right to Negotiate Agreement with Mark Development, Inc.)
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RESOLUTION NO. 2017-___
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, APPROVING THE EXCLUSIVE
RIGHT TO NEGOTIATE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND MARK DEVELOPMENT, INC. WITH RESPECT TO
AN APPROXIMATELY 17.43-ACRE VACANT PROPERTY LOCATED AT
THE SOUTHWEST CORNER OF EAST HIGHLAND AND ARDEN
AVENUES, SAN BERNARDINO, AND APPROVING CERTAIN RELATED
ACTIONS
WHEREAS, pursuant to Health and Safety Code (the “HSC”) § 34172 (a) (1), the
Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and
WHEREAS, consistent with the provisions of the HSC, on January 9, 2012, the Mayor
and City Council of the City of San Bernardino (the “City”) elected to serve in the capacity of
the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the
“Successor Agency”); and
WHEREAS, The Successor Agency is the current owner of an approximately 17.43-acre
vacant site located at the southwest corner of East Highland and Arden Avenues, generally bounded
by East Highland Avenue on the north, Arden Avenue on the east, 20th Street on the south and North
Guthrie Avenue on the west (the “Property”); and
WHEREAS, the City is currently seeking to acquire from or otherwise arrange with the
Successor Agency for disposition and development of the Property consistent with the City’s contract
with respect to the Property with the United States Department of Housing and Urban Development
regarding the Property (the “HUD Contract”); and
WHEREAS, during January 2011, Home Depot and Mark Development jointly entered into
that certain Exclusive Right to Negotiate Agreement (“2011 ERN”), as co-developers (the “Co-
Developers”) with the City’s former redevelopment Agency with respect to the Property; and
WHEREAS, although the two-year term of the 2011 ERN Agreement expired and the City’s
former redevelopment agency was unable to amend it, all parties agreed to continue to negotiate in good
faith as though the agreement remained in full force; and
WHEREAS, over the past five years the Co-Developers obtained the Property’s development
entitlements and obtained letters of interest from a variety of retail tenants; and
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WHEREAS, the Co-Developers also assisted the City in resolving certain of the Property’s
outstanding issues resulting from the State’s dissolution of the City’s former redevelopment agency and
certain conditions created by the HUD Contract because of the City’s use of HUD Section 108 loan
funds to assist in financing the assemblage of the Property; and
WHEREAS, there have been recent unforeseen challenges that could impede the development
of the Property that are primarily due to changing: i) market conditions; ii) customer shopping
preferences; and iii) corporate marketplace goals; and
WHEREAS, because of these changing conditions, Home Depot has determined that they will
remain in their current locations and not develop a new store at the Property; and
WHEREAS, on March 20, 2017, Mark Development, Inc. (the “Developer”) requested a new
Exclusive Right to Negotiate Agreement (the “New ERN”) with respect to the Property for the purpose
of carrying-out a targeted marketing campaign to obtain a replacement anchor tenant and, thus, bring
forward an alternative project for the Property and confirm to prospective tenants that they have a
collaborative working relationship with the City; and
WHEREAS, the New ERN, a copy of which is included as Exhibit “A” to this Resolution,
contemplates that the Developer and City will pursue a commercial development on the Property with
such uses as may be agreed upon by the Developer and City (the “Project”); and
WHEREAS, the Developer proposes acquiring the Property for fair market value and
developing the Project pursuant to a disposition and development agreement (the “DDA”) which will
include compliance with the HUD Contract, a copy of which has been provided to the Developer; and
WHEREAS, based upon information furnished by the Developer to the City together with
further investigations conducted by the City, the Developer is qualified to assist the City in undertaking
the economically sustainable commercial development on the Property, consistent with the HUD
Contract, which will include the planning for and development of a specific study, evaluation and
planning by the Developer and City of appropriate and feasible development alternatives; and
WHEREAS, this Resolution has been reviewed with respect to applicability of the
California Environmental Quality Act (the “CEQA”), the State CEQA Guidelines (California Code
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of Regulations, Title 14, § 15000 et seq., hereafter the “CEQA Guidelines”), and the City’s
environmental guidelines; and
WHEREAS, this Resolution does not constitute a “project” for purposes of CEQA, as that
term is defined by CEQA Guidelines § 15378, because this Resolution constitutes general policy
and procedure making and organizational or administrative activity that will not result in a direct
or indirect physical change in the environment, per § 15378 (b) (2) and (5) of the CEQA
Guidelines; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
been met.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of
San Bernardino, as follows:
Section 1. The foregoing Recitals are true and correct and are a substantive part of this
Resolution.
Section 2. The Exclusive Right to Negotiate Agreement between the City and the
Developer, which is attached to this Resolution as Exhibit “A”, is approved.
Section 3. The City Manager, or designee, is authorized to administer the Exclusive
Right to Negotiate Agreement on behalf of the City and to take such actions
and execute such documents as are necessary to effectuate the intent of this
Resolution.
Section 4. This Resolution is not a “project” for purposes of CEQA, as that term is
defined by CEQA Guidelines § 15378, because this Resolution constitutes
general policy and procedure making and is an organizational or
administrative activity that will not result in a direct or indirect physical
change in the environment, per § 15378 (b) (2) and (5) of the CEQA
Guidelines.
Section 5. This Resolution shall take effect upon its adoption and execution in the
manner as required by the City’s Municipal Code.
/ / /
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, APPROVING THE EXCLUSIVE
RIGHT TO NEGOTIATE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND MARK DEVELOPMENT, INC. WITH RESPECT TO
AN APPROXIMATELY 17.43-ACRE VACANT PROPERTY LOCATED AT
THE SOUTHWEST CORNER OF EAST HIGHLAND AND ARDEN
AVENUES, SAN BERNARDINO, AND APPROVING CERTAIN RELATED
ACTIONS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City
Council of the City of San Bernardino, at a meeting thereof, held on the 1st day of May, 2017, by
the following vote, to wit:
Council Members Ayes Nays Abstain Absent
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
Georgeann Hanna, City Clerk
The foregoing Resolution is hereby approved this day of May 2017.
R. Carey Davis, Mayor
Approved as to Form:
GARY D. SAENZ, City Attorney
By:
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EXHIBIT “A”
Exclusive Right to Negotiate Agreement
Between the
City of San Bernardino
and
Mark Development, Inc.
(See Attachment)
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Packet Pg. 247 Attachment: ISC. REPORT (4978 : International Security West Conference)
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Packet Pg. 248 Attachment: ISC. ATTACHMENT 1 (4978 : International Security West Conference)