CITY OF SAN BERNARDINO AGENDA FOR THE JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL

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1 CITY OF SAN BERNARDINO AGENDA FOR THE JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, AUGUST 1, :00 PM CLOSED SESSION 4:00 PM OPEN SESSION COUNCIL CHAMBER 300 NORTH "D" STREET (LOBBY) SAN BERNARDINO, CA Virginia Marquez R. Carey Davis James L. Mulvihill COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Benito Barrios COUNCIL MEMBER, WARD 2 John Valdivia Mark Scott CITY MANAGER Gary D. Saenz COUNCIL MEMBER, WARD 3 Fred Shorett COUNCIL MEMBER, WARD 4 Henry Nickel COUNCIL MEMBER, WARD 5 CITY ATTORNEY Georgeann Gigi Hanna CITY CLERK David Kennedy CITY TREASURER Bessine L. Richard COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip. Speaker slips should be turned in to the City Clerk. o Public comments for agenda items that are not public hearings will be limited to three minutes. o Public comments for items that are not on the agenda will be limited to three minutes. o There is a 12-minute-per-person time limit for all comments. 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 ( ) 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 o Please turn off or mute your cell phone while the meeting is in session.

2 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez Council Member, Ward 2 Benito J. Barrios Council Member, Ward 3 John Valdivia Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Henry Nickel Council Member, Ward 6 Bessine L. Richard Council Member, Ward 7 James Mulvihill Mayor R. Carey Davis City Clerk Georgeann "Gigi" Hanna City Attorney Gary D. Saenz City Manager Mark Scott 1. CLOSED SESSION PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to share his/her three minutes with any other member of the public. Pursuant to Government Code Sections(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section (a) and (d)(1): In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12- bk MJ; Brandon Wallace v. City of San Bernardino - WCAB Case No. ADJ B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section (d)(2): One (1) Item C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section (d)(4): City v. Chinn D. Closed Session - personnel - pursuant to Government Code Section 54957(b). Mayor and Common Council of the City of San Bernardino Page 2 Printed 7/28/2016

3 E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public s right of access to public services or public facilities - pursuant to Government Code Section 54957(a). F. Conference with labor negotiator - pursuant to Government Code Section G. Conference with real property negotiator - pursuant to Government Code Section CLOSED SESSION REPORT 3. APPOINTMENTS 4. PRESENTATIONS 4A. Proclamation of Appreciation -- Mayor Davis 4B. Infant Toddler Success Program at the Feldheym Library Dr. Al Karnig Mayor Davis 4C. Citizen of the Month Frederick R. Grochulski Council Member Valdivia 4D. New City Website Monica Lagos, Manager of Communications 4E. Bankruptcy/Strategic Planning Update -- Management Partners 4F. Chamber of Commerce & Local Elected Officials Announcements 5. CONSENT CALENDAR All Consent Calendar items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member requests that the item be removed from the Consent Calendar and considered in its normal sequence on the agenda. Public comment on Consent Calendar items is limited to three minutes total per person. There is no limit on the items that can be discussed within the three-minute time limit. The Consent Calendar items this meeting are numbered 5A through 5N. PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council on Consent Calendar items. 5A. City Clerk Waive Full Reading of Resolutions and Ordinances (#4561) [Ward(s): All] Waive full reading of resolutions and ordinances on the agenda dated August 1, Mayor and Common Council of the City of San Bernardino Page 3 Printed 7/28/2016

4 5B. City Clerk Council Minutes for the Meetings of May 2, 2016; and May 16, 2016 (#4578) [Ward(s): All] Approve the Minutes of the Mayor and Common Council Meetings of May 2, 2016; and May 16, C. City Clerk Council Minutes for the Meetings of June 6, 2016; June 13, 2016; June 20, 2016; and June 27, 2016 (#4579) [Ward(s): All] Approve the Minutes of the Mayor and Common Council Meetings of June 6, 2016; June 13, 2016; June 20, 2016; and June 27, D. City Clerk Authorizing the Appropriation of $300,000 from the Cultural Development Fund for Use by the Fine Arts Commission in Fiscal Year (#4577) [Ward(s): All] 5E. City Attorney Approving the First Amendment to the Professional Services Agreement with Cota Cole LLP. (#4571) [Ward(s): All] 5F. Civil Service Personnel Actions - Classified (#4223) [Ward(s): All] Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. Mayor and Common Council of the City of San Bernardino Page 4 Printed 7/28/2016

5 5G. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino, California Approving General Plan Amendment to Change the General Plan Land Use Designation of Acres from Residential Urban to Residential Medium and Development Code Amendment (Zoning Map Amendment) to Change the Zoning District from Residential Urban (RU) to Residential Medium (RM) in Order to Allow the Development, Establishment of Operation of Mary s Village Located on the North Side of Walnut Street Between Pico Avenue and San Marcos Street. (FINAL READING) (#4535) [Ward(s): 3] Adopt the Ordinance. 5H. Finance Approval of Commercial Checks and Payroll Checks (#4564) [Ward(s): All] Approve the claims and payroll and authorize the issuance of warrants as listed. 5I. Human Resources Personnel Actions - Unclassified (#4565) [Ward(s): All] Approve the unclassified personnel actions, as submitted by the Interim Director of Human Resources, in accordance with City policies and procedures. 5J. Human Resources Resolution of the City of San Bernardino Adopting an Updated Non- Discrimination, Retaliation, Workplace Harassment and Sexual Harassment Policy for Said City and Repealing Resolution No (#4554) [Ward(s): N/A] 5K. Human Resources Authorizing the City Manager to Purchase the City s Property, Auto, and Cyber Security Insurance. (#4559) [Ward(s): All] Mayor and Common Council of the City of San Bernardino Page 5 Printed 7/28/2016

6 5L. Parks, Recreation & Community Services Authorizing the City Manager to Execute a Letter of Intent and Contract Agreement Between the City of San Bernardino and KaBOOM! for Creative Play Equipment. (#4562) [Ward(s): 1] 5M. Successor Agency Resolution of the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Authorizing the Transfer of Certain Real Property Assets from the Successor Agency to the Redevelopment Agency of the City of San Bernardino to the City of San Bernardino Pursuant to the Direction of the California Department of Finance and Approving Certain Related Actions; And Approving the Acceptance of the Transfer of Certain Real Property Assets from the Successor Agency to the Redevelopment Agency of the City of San Bernardino Pursuant to the Direction of the California Department of Finance and Approving Certain Related Actions. (#4568) [Ward(s): 1, 5] 5N. Water Adopt the Resolutions. Approving, Authorizing, and Directing Execution of a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority. (#4552) [Ward(s): N/A] 6. STAFF REPORTS 6A. City Clerk Calling a Special Election for the Purpose of Considering the San Bernardino Medical Cannabis Restrictions and Limitations Act, Requesting that the Special Election be Consolidated with the Presidential General Election Conducted on November 8, 2016 and Authorizing the Expenditure of Funds for the Election. (#4576) [Ward(s): All] Mayor and Common Council of the City of San Bernardino Page 6 Printed 7/28/2016

7 6B. City Clerk Calling a Special Election for the Purpose of Considering the San Bernardino Regulate Marijuana Act of 2016, Requesting that the Special Election be Consolidated with the Presidential General Election Conducted on November 8, 2016 and Authorizing the Expenditure of Funds for the Election. (#4581) [Ward(s): All] 6C. City Attorney Ordering the Submission of a Proposed Initiative Measure to the Electors of Said City at a Special Election to be Consolidated with the Presidential Election of November 8, (#4584) [Ward(s): All] 6D. City Manager Authorizing the City Manager to Execute an Amendment to the Agreement Between the City of San Bernardino and Neighborhood Housing Services of the Inland Empire for the Increase in Funding to the First-Time Homebuyer Program. (#4563) [Ward(s): All] 6E. Mayor's Office / Council Office Supporting the Current Ban on Marijuana Dispensaries and Other Similar Uses Found in the San Bernardino Municipal Code. (#4556) [Ward(s): All] 7. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA -- TO BE HEARD AT 6:30 P.M. 8. ITEMS TO BE REFERRED TO COUNCIL COMMITTEES 9. ANNOUNCEMENTS BY MAYOR, COUNCIL AND EXECUTIVE STAFF Mayor and Common Council of the City of San Bernardino Page 7 Printed 7/28/2016

8 10. ADJOURNMENT Adjourn the meeting to 5:30 p.m., Thursday, August 4, 2016, in the Council Chamber of City Hall, 300 N. D Street, San Bernardino, California. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, August 15, 2016, in the Council Chamber of City Hall, 300 North D Street, San Bernardino, California. NOTICE: Any member of the public may address this meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency, may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to share his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the staff member responsible for collecting speaker request slips at the time the request to speak is made. The Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Mayor and Common Council of the City of San Bernardino Page 8 Printed 7/28/2016