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Home My WebLink Aboutcity clerk agendaCITY 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, APRIL 17, 2017 2:00 PM — CLOSED SESSION 4:00 PM — OPEN SESSION COUNCIL CHAMBER • 300 NORTH "U" STREET (LOBBY) • SAN BERNARDINO, CA 92118 • VVM.SBCITY.ORG Virginia Marquez COUNCIL MEr,1BE'R, WARD 1 Benito Barrios COUNCIL. ME"MBE"R, WARE) 2 John Valdivia :. WARD 3 Fred Shorett COUNCIL M0.7EER. WARD 4 Henry Nickel COUNCIL MEMBER, WARD rJ Bessine L. Richard COJNCIL MEMBER, WARD C R. Carey Davis *- James Mulvihill COUNCIL MEF.FE'ER, W,",RD 7 Mark Scott CITY MANP"GER Gary D. Saenz C ITY AT T ORN.EY 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 oubliccomments(a7sbcity.grg if you cannot tum 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. orp. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda April 17, 2017 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez C ❑ 2 Council Member, Ward 2 Benito Barrios ❑ ❑ Council Member, Ward 3 John Valdivia ❑ ❑ Council Member, Ward 4 Fred Shorett lJ� ❑ ❑ Council Member, Ward 5 Henry Nickel ❑ ❑ Council Member, Ward 6 Bessine L. Richard ❑ ❑ ;Z Council Member, Ward 7 James Mulvihill L' ❑ ❑ 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): 0. In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk-28006 MJ l l '7 4VA-2� �Quiang Ye, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1704276 ,1/AMF 1278, LLC, et al. v. City of San Bernardino, San Bernardino Superior Court �W Case No. CIVDS 1702219 / Kush Concepts Collective, et al. v. City of San Bernardino, San Bernardino 1 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): 3, City v. Jim Phung 71, 16-k 5 -0 C:�, L.) o. air /f, City v. Wells Fargo Bank, N.A. _/P 10k (a,(,) Mayor and City Council of the City of San Bernardino Page 2 Printed 04/13/2017 Joint Regular Meeting Agenda April 17, 2017 CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: /2o Q� . Negotiator: Helen Tran, Human Resources Director Mark Scott, City Manager Employee Organizations: General Unit Middle Management Police Safety #. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: 5/5 -H n is 5-o (:2. u,) 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 PA Andrea Miller, Assistant City Manager C , OSED SESSION •REPORT t ��ti I `165 RESENTATAON OF THE COLORS AND PLEDGE OF ALLEGIANCE /� s -'�01 NATIONAL ANTHEM 3V PRESENTATIONS Q P f . a� F �Zn,. Ste. 1: bRecognition to the Participants of the Mayor's Youth Academy Pilot Program- �y�,� Mayor R. Carey Davis 3 g,, 5-A,,i,� �n�-,, eco � J0�Proclamation of the Mayor & City Ccil Proclairtiing dpril 29, 2017 as pay of ,ed'' 'Service Mayor R. Carey Davis 2017 Mayors' Institute on City Design Update - Mayor R. Carey Davis vSAro Student of the Month - Anthony Evans - Council Member Benito Barrios Citizen of the Month: Norton Air Force Base Museum Volunteer Board - Council +w "', -Member Henry Nickel 3 �s t• �c�,, 6. Hometown Military Banner Ad Hoc Committee 11th Unveiling of the Hometown „mss- Heroes Military Banners Presentation - Council Members Virginia Marquez, Fred o dAk 4e�A Shorett, John Valdivia ; A4:�-e4 Cra".e�. / 1P'a fv h'? 'I- I l7! Chamber of Commerce & Local Elected Officials Announcements �.&4L&��uh ; Mayor and City Council of the City of San eemardino Page 3 qty ,ate Printed 04/13/2017 'Oe4,14 41L� Joint Regular Meeting Agenda April 17, 2017 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 o.m. the day of the meetin . If you wish, you may email your speaking request to publiccommentsCcD-sbcity.orq 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. City Clerk 4 (� 6 - O Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of ' ns and ordinances on the agenda date pril 20, �. Finance City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for March 2017. i0. City Clerk �4 t — , (, — U ,� " Approval of Destruction of Certain Records v Recommendation: Ado a Resoluti the Mayor and City Council of the ' n Bernardino, California, approving the destruction of certain records by the City Clerk's Office. �1. Community Development Housing Related Parks Program Grant Application f rrowhead Grove Recommendation: Adopt Resolutio �f the Mayor and City Council of the Cit ernardino, California, approving the submission of a grant application for the Housing Related Parks Program for Arrowhead Grove (formerly known as Waterman Gardens). Mayor and City Council of the City of San Bernardino Page 4 Printed 04/13/2017 Joint Regular Meeting Agenda April 17, 2017 .4-2-' City Manager Ordinance Re ealing and Replacing Charter 2.58 Regarding Meetings Recommendation: Introduce for second reading and adopt an Ordinance repealing and replacing Chapter 2.58 of the San Bernardino Municipal Code regarding meetings. City Manager �{� (, - 6 Beverage Container Recycling Grant ApplicationOw `� Recommendation: Adopta esolutio of the Mayor and City Council of the Ci ernardino, California, approving the submittal of an application for Payment Programs offered by CalRecycle and related authorizations. City Manager �/� .-p Amendment Number One to Vendor Services Agreement with Urban Futures, Inc Recommendation: Adopt a esoluti n" of the Mayor and City Council 01 the City Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving Amendment Number One to Vendor Services Agreement with Urban Futures, Inc., and approving certain related actions. City Manager Professional Services Agreement with Cota Cole, LLP j Recommendation: Adopt a FbsolutiloPf the Mayor and City Council of the City -�f &an Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement with Cota Cole LLP, for outside counsel services in litigation related to Measure O. Mayor and City Council of the City of San Bemardino Page 5 Printed 04/13/2017 Joint Regular Meeting Agenda April 17, 2017 Successor Auency C1/7 6—C) �q- / V Subordination of a Deed of Trust in Connecti 5080 Sundance Drive, San Bernardino, California Recommendation: Adopt Resolutio of the Mayor and City Council of the Ci of ernardino, 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. PUBLIC HEARINGS 17. Community Development 41-4- J0 General Plan Amendment 16-08, Development Code Amendme (Zoning Map Amendment) 16-10 and Categorical Exemption Recommendation: Introduce for first reading, a Ordinan of the Mayor and City Council of the Ci �f San Bernardino, California, approving General Plan Amendment 16-08 and Development Code Amendment (Zoning Map Amendment) 16-10, and Categorical Exemption. 18. Community Development Development Code Amendment 17-02 and Conditional Use Permit 17-16 Recommendation: 1. Introduce for first reading, Ordinance the Mayor and City Council of the City rdino, r California, approving Development Code Amendment 1 17-02; and, 2. AdoptResolution the Mayor and City �J Council oft an Bernardino, California, adopting the Categorical Exemption and approving Conditional Use Permit 17-06 to allow the relocation, establishment and operation of an existing pawn shop to an existing commercial center located at 415 W. 5th Street, Suite E. Mayor and City Council of the City of San Bernardino Page 6 Printed 04/13/2017 Joint Regular Meeting Agenda April 17, 2017 STAFF REPORTS City Clerk Southern California Association of Governments General Assembly Delegate and Alternate Recommendation.Oj '11/ Approve the selection of a delegate and alternate to the 2017 Southern California Association of Governments (SCAG) Regional Conference General Assembly (GA) May 4-5, 2017 in Palm Desert, California. 9. Human Resources J Amendment to CalPERS Contract to Establish a New Retirement Benefit Formula for Police Safety Recommendation: 1. Adopt aResolution of Intention of the Mayor and City Cou cil oI tM� City of San Bernardino, j o California, to approve an amendment to the contract (g between the Mayor and City Council of the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System (CaIPERS); and 2. Introduce for first reading a(-Bernardino, rdinance of the Mayor and City Council of the City 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. 7 ---)-- Civil Services Wastewater Collection System Transfer %— 73 Recommendation: Adopt a join esolutio of the Mayor and City Council of the City 2L SarT Bernardino, California, and the Water Board of the City of San Bernardino, California, ID authorizing the transfer of the wastewater collection system and services from the Public Works Department to the Water Department. Mayor and City Council of the City of San Bemardino Page 7 Printed 04/93/2017 Joint Regular Meeting Agenda April 17, 2017 f 22' •, City Manacler _ Final Relocation Plan for the Carouse Mall Closure P ct Recommendation: Adopa Resolutionthe Mayor and City Council of �.- the Ci of Sari Bernardino, California, approving the final Relocation Plan for the Carousel Mall Closure Project, and approving certain related actions. Community Development Ratification of the San Bernardino County Fire PrQ.teecl-ion District Board's Adoption of 2016 California Fire Code with Local Amendments Recommendation: Adopt a �esolution at the Mayor and City Council of the City `of_ Safi 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. Community DeveloPment �;Iq 6,6 Ordinance regarding Abatement of Fire Hazards and Hazardous Trees Recommendation: Introduce for First Reading an Ordinance :adopting Chapter 3 of Division 3Title 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. Mayor and City Council of the City of San Bernardino Page 8 Printed 04/93/2017 Joint Regular Meeting Agenda f. City Attorney q 0 ' 4,—.6 Creation of a Citizens Advisory Committee Regarding Marijuana Policy Recommendation: _l Lit ~ W 41 U"- 2,66/ City Manager 3 1 17, 2017 1. By minute action, direct the City Manager to return to the City Council at its first May meeting with a resolution appointing Committee members and establishing a formal charge (i.e., scope of work and procedural parameters); and 2. Direct the City Manager to initiate a Request for Qualifications for a specialist in the area of Marijuana policy with extensive knowledge in implementing and managing effective marijuana regulation and taxation and hired, on a consulting basis, in an amount not to exceed $50,000, to assist the Committee and City Officials in the conduct of their work. 2017/18 San Manuel Credit Funds Recommendation: 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. 27. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA 28. ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES 29. ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF 30. 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 1, 2017, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. Mayor and City Council of the City of San Bemardino Page 9 Printed 04/13/2017 Joint Regular Meeting Agenda April 17, 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. Mayor and City Council of the City of San Bernardino Page 10 Printed 04/13/2017