San Bernardino — 2023-01-18

1. Presentation by Big Brothers Big Sisters of Orange County and the Inland Empire\nCelebrating National Mentoring Month p. 15

10. Public Hearing on Annexation No. 32 to Community Facilities District 2019­1 (Ward 6)\np. 510\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Hold a Public Hearing; and\n2. Adopt Resolution No. 2023­008 of the Mayor and City Council of the City of San\nBernardino, California, calling an election to submit to the qualified electors the question of\nlevying a special tax within the area proposed to be annexed to Community Facilities\nDistrict No. 2019­1 (Maintenance Services) (Annexation No. 32); and\n3. Hold a special landowner election and canvass the election; and\n4. Adopt Resolution No. 2023­009 of the Mayor and City Council of the City of San\nBernardino, California, declaring election results for Community Facilities District No. 2019­\n1 (Maintenance Services) (Annexation No. 32); and\n5. Introduce, read by title only, and waive further reading of Ordinance No. MC1611 of the\nMC­1522 and levying special taxes to be collected during Fiscal Year 2022­2023 to pay\nannual costs of the maintenance and servicing of landscaping, lighting, water quality\nimprovements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund\nfor capital replacement, and administrative expenses with respect to City of San Bernardino\nCommunity Facilities District No. 2019­1 (Maintenance Services); and\n6. Schedule the adoption of Ordinance No. MC­1611 for February 1, 2023.\nCONSENT CALENDAR

11. Approving the Revised City­Wide Records Retention Policy and Schedule p. 573\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, adopt\nResolution No. 2023­010, establishing a revised Records Retention Policy and Schedules.

12. Infill Housing Master Development Agreement with Neighborhood Partnership\nHousing Services (NPHS) San Bernardino Developments, LLC (Wards 2 & 4) p. 657\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Adopt Resolution No. 2023­011 authorizing the execution of the Infill Housing\nDevelopment Master Agreement between the City of San Bernardino and NPHS San\nBernardino Developments, LLC to construct or reconstruct infill housing on blighted\nor underutilized sites and sell those properties to households whose income does not\nexceed 80% of the area median income.\n2. Authorize the City Manager, or designee, to take further actions and execute any further\ndocuments as necessary to effectuate the agreements.

13. Adoption of Ordinance No. MC­1603 ­ Belmont Residential Subdivision Project\n(Ward 5) p. 768\nRecommendation:\nIt is recommended that the Mayor and City Council of San Bernardino, California, adopt\nOrdinance No. MC­1603 approving Development Code Amendment (Zoning Map\nAmendment) 21­05 changing the Zoning District Classification of a parcel (APN: 0261­151­\n10) containing approximately 6.10 acres from Residential Low (RL) to Residential Suburban\n(RS), pursuant to a Mitigated Negative Declaration (Attachment 1).

14. First Amendment to the Exclusive Negotiating Agreement (ENA) between the City of\nSan Bernardino and the Richman Group, LLC (Ward 1) p. 782\nRecommendation:\nAuthorize the execution of First Amendment to the Exclusive Negotiating Agreement\nbetween the City of San Bernardino and the Richman Group, LLC. Authorize the City\nManager, or designee, to take further actions and execute any further documents as\nnecessary to effectuate the First Amendment to the Exclusive Negotiating Agreement.

16. Investment Portfolio Report for October and November 2022 (All Wards) p. 840\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\naccept and file the Monthly Investment Portfolio Report for October and November 2022.

17. Administrative Budget Transfers Report p. 862\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\nreceive and file all listed administrative budget amendments from July 1, 2022, through\nDecember 15, 2022.

18. Ratify and Approve Acceptance of Award from The California Public Utilities\nCommission for Local Agency Technical Assistance Grant p. 866\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Ratify and approve the acceptance of an award from the California Public Utilities\nCommission (CPUC) for the Local Agency Technical Assistance (LATA) Grant in the\namount of $425,256.14 for 24 months, and\n2. Adopt Resolution No. 2023­012 amending the General Fund 2022/23 Budget in the\namount of $425,256.14 in both revenue and expenditures.

19. Basic Compensation Plan for Temporary, Part­Time and Seasonal Employees of the\nCity of San Bernardino (All Wards) p. 896\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2023­013 approving a revised City­wide salary schedule for all full­\ntime, part­time, temporary, and seasonal positions.

2. January 2023 Citizen of the Month – Wade Forde, Lead Pastor, San Bernardino\n16th Street Seventh­day Adventist Church p. 24\nPUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA\nDISCUSSION

20. Amendment to Professional Services Agreements for Legal Services (All Wards) p. 911\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\nauthorize the City Manager or designee to execute:\n1. The First Amendment to the Professional Services Agreement with Carpenter, Rothans &\nDumont for representation in the Tammy Bender v. City of San Bernardino, et al. U.S.\nDistrict Court Case No. 5:21­CV­01459­CBM­SP;\n2. The Third Amendment to the Professional Services Agreement with Atkinson, Andelson,\nLoya, Rudd and Romo for representation in the Andrea Miller II v. City of San Bernardino, et\nal. II, San Bernardino Superior Co. Case No. CIVDS 2015337;\n3. The Second Amendment to the Professional Services Agreement with Stream, Kim,\nHicks, Wrage and Alfaro for representation in the Andrea Miller II v. City of San Bernardino,\net al. II, San Bernardino Superior Co. Case No. CIVDS 2015337

21. Agreements with Kaiser Permanente for Pre­employment and Occupational Medical\nServices (All Wards) p. 946\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize the City Manager or designee to execute:\n1. A professional services agreement with Kaiser Permanente for pre­employment\nscreening services.\n2. A professional services agreement with Kaiser Permanente for occupational medical\nservices.

22. Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant\nProgram p. 1215\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\nadopt Resolution No. 2023­014 to accept and allocate additional grant funds for the Senior\nNutrition Program from the Home and Community Based Services (HCBS) Senior Nutrition\nInfrastructure Grant Program in the amount of $304,846.

23. Accept the Tobacco Grant p. 1224\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2023­015 authorizing:\n1. The City Manager or designee to accept the FY 2022/23 Department of Justice Tobacco\nGrant.\n2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted\nBudget appropriating $1,097,375 in both revenue and expenditures.\n3. The Police Department to increase the approved staffing appropriately

24. Off­Road Police Vehicles Goods Purchasing Agreement Report p. 1231\nRecommendation:\nIt is recommended that of the Mayor and City Council of the City of San Bernardino,\nCalifornia, authorize:\n1. The City Manager or his/her designee to enter into an agreement with Malcolm Smith\nMotorsports to purchase two off­road police vehicles in accordance with the Goods\nPurchasing Agreement.\n2. The Agency Director of Administrative Services to issue a purchase order to Malcolm\nSmith Motorsports in an amount not to exceed $98,889.70.

25. Purchase of Night Vision Goggles p. 1265\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize:\n1. The City Manager or designee to sign and execute a purchase agreement with NightOps\nTactical Incorporated;\n2. The Agency Director of Administrative Services to issue a purchase order in the amount\nof $337,623 to NightOps Tactical Incorporated.

26. Purchase of Tactical Vests p. 1284\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize:\n1. The City Manager or designee to sign and execute a purchase agreement with Aardvark.\n2. The Agency Director of Administrative Services to issue a purchase order in the amount\nof $70,000 to Aardvark.

27. Professional Services Agreement for Focused Drainage Study for Meyers Creek\nDrainage System p. 1305\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\napprove the award of a Professional Services Agreement with Q3 Consulting to prepare the\nFocused Drainage Study for Meyers Creek Drainage System and authorize the City\nManager, or designee, to sign and execute the agreement.

28. Award a Professional Services Agreement for a Parks Master Plan p. 1382\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2023­016 to:\n1. Approve the award of a Professional Services Agreement with Next Practice Partners,\nLLC to prepare the City of San Bernardino Parks Master Plan in the amount of $997,400;\nand\n2. Authorize the Agency Director of Administrative Services to amend the FY 2022/23 CIP\nbudget and appropriate funding from the FY 2023/24 adopted CIP budget in the amount of\n$750,000 through Measure S Fund to complete the Project; and\n3. Authorize the City Manager, or designee, to sign and execute the agreement.

29. Adoption of Ordinance MC­1606 (Ward 4) p. 1481\nRecommendation:\nAdopt Ordinance No. MC­1606 of the Mayor and City Council of the City of San Bernardino,\nCalifornia, amending Ordinance No. MC­1522 and levying special taxes to be collected\nduring Fiscal Year 2022­2023 to pay the annual costs of the maintenance and servicing of\nlandscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks\nand trail maintenance, a reserve fund for capital replacement, and administrative expenses\nwith respect to City of San Bernardino Community Facilities District No. 2019­1\n(Maintenance Services).

3. Short­Term Vacation Rentals in San Bernardino p. 25\nRecommendation:\nIt is recommended that the Mayor and City Council: Receive and file an update on the status\nof short­term vacation rentals in the City; Consider three options to address short­term\nvacation rental issue throughout the City; and Select Option No. 2 and direct staff to develop a\nregulatory scheme for short­term vacation rentals within the City’s residential districts.

30. Adoption of Ordinance No. MC­1607 (Ward 1) p. 1491\nRecommendation:\nAdopt Ordinance No. MC­1607 of the Mayor and City Council of the City of San Bernardino,\nCalifornia, amending Ordinance No. MC­1522 and levying special taxes to be collected\nduring Fiscal Year 2022­2023 to pay the annual costs of the maintenance and servicing of\nlandscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks\nand trail maintenance, a reserve fund for capital replacement, and administrative expenses\nwith respect to City of San Bernardino Community Facilities District No. 2019­1\n(Maintenance Services).

31. Resolution Declaring Intent to Annex Territory: Community Facilities District No.\n2019­1 (Maintenance Services): Annexation No. 31, Tax Zone No. 32 (Rancho Ave.)\n(Ward 3) p. 1501\nRecommendation:\nAdopt Resolution No. 2023­017 of the Mayor and City Council of the City of San Bernardino,\nCalifornia, declaring its intention to annex territory into Community Facilities District No.\n2019­1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to\nbe proposed (Annexation No. 31) and authorizing the levy of a special taxes therein.

32. License Agreement with DP Industrial Parkway, LLC p. 1538\nRecommendation:\nIt is recommended that the Mayor and City Council of San Bernardino, California, adopt\nResolution No. 2023­018:\n1. Authorizing a License Agreement with DP Industrial Parkway, LLC, a Delaware limited\nliability company, for the construction of improvements that include a driveway, block wall,\ntrailer parking, and paving located at 5770 Industrial Parkway, San Bernardino, California;\nand\n2. Directing the City Manager or designee to execute the Agreement; and\n3. Finding that the project is covered by the mitigated negative declaration previously\napproved for the 5770 Industrial Parkway project pursuant to the California Environmental\nQuality Act.\nITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

33. Recognized Partnership with Casa Ramona (Ward 1) – Council Member Sanchez p.1572

34. Initiate a Request for Proposal seeking a consultant to prepare a feasibility study\nfor installing bike lanes and crosswalk improvements in Downtown (Wards 1, 3)\n- Council Member Reynoso p. 1573

35. Direct staff to work with the Mayor and City Council to evaluate and determine the\nappropriate staffing levels in the Office of the Mayor and the City Council Office (All\nWards) – Council Member Alexander p. 1574

4. Nominations and Appointments to Various Regional Boards and Associations (All\nWards) p. 38\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board\nof Directors;\n2. Appoint two Members and one Alternate to the San Bernardino International Airport\nAuthority Board of Directors;\n3. Appoint one Member and one Alternate to the San Bernardino County Transportation\nAgency Board of Directors;\n4. Appoint one Member and one Alternate to the Omnitrans Board of Directors;

5. Appoint one Member and one Alternate to the Interagency Council on Homelessness;

6. Appoint one Official Representative and one Alternate to the Southern California\nAssociation of Governments General Assembly;

7. Receive and file the Mayor’s selection of Juan Figueroa, Fred Shorett, Ben Reynoso,\nKimberly Calvin, and Damon Alexander to vote in the Southern California Association of\nGovernments Regional Council District 7 Election.\n5. Adoption of Resolution No. 2023­019 Appointing an Interim City Manager and\napproving an employment agreement. p. 229\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2023­019 appointing an Interim City Manager and approving an\nemployment agreement. Note: The candidate is anticipated to be selected by the Mayor and\nCity Council in advance of the City Council Meeting held on January 18, 2023.\nPUBLIC HEARING\n6. Adopt New Purchasing Policy and Introduce Ordinance No. MC­1605 amending\nSection 3.04 of the Municipal Code. (All Wards) p. 243\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\nIntroduce, read by title only, and waive further reading of Ordinance No. MC­1605 amending\nSection 3.04 of the Municipal Code of the City of San Bernardino, California, and Adopt\nResolution 2022­246 adopting the Purchasing Policy for the City of San Bernardino.\n7. Public Hearing on Annexation No. 28 to Community Facilities District 2019­1 (Ward 5)\np. 327\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia:\n1. Hold a Public Hearing; and\n2. Adopt Resolution No. 2023­001 of the Mayor and City Council of the City of San\nBernardino, California, calling an election to submit to the qualified electors the\nquestion of levying a special tax within the area proposed to be annexed to Community\nFacilities District No. 2019­1 (Maintenance Services) (Annexation No. 28); and\n3. Hold a special landowner election and canvas the election; and\n4. Adopt Resolution No. 2023­002 of the Mayor and City Council of the City of San\nBernardino, California, declaring election results for Community Facilities District No.\n2019­1(Maintenance Services) (Annexation No. 28); and\n5. Introduce, read by title only, and waive further reading of Ordinance No. MC­ 1608 of the\nMC­1522 and levying special taxes to be collected during Fiscal Year 2022­2023 to pay\nannual costs of the maintenance and servicing of landscaping, lighting, water quality\nimprovements, graffiti, streets, street sweeping, parks and trail maintenance, a\nreserve fund for capital replacement, and administrative expenses with respect to City of\nSan Bernardino Community Facilities District No. 2019­1 (Maintenance Services); and\n6. Schedule the adoption of Ordinance No. MC­1608 for February 1, 2023.

8. Public Hearing on Annexation No. 29 to Community Facilities District 2019­1 (Ward 3)\np. 390\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Hold a Public Hearing; and\n2. Adopt Resolution No. 2023­004 of the Mayor and City Council of the City of San\nBernardino, California, calling an election to submit to the qualified electors the question of\nlevying a special tax within the area proposed to be annexed to Community Facilities\nDistrict No. 2019­1 (Maintenance Services) (Annexation No. 29); and\n3. Hold a special landowner election and canvass the election; and\n4. Adopt Resolution No. 2023­005 of the Mayor and City Council of the City of San\nBernardino, California, declaring election results for Community Facilities District No. 2019­\n1 (Maintenance Services) (Annexation No. 29); and\n5. Introduce, read by title only, and waive further reading of Ordinance No. MC1609 of the\nMC­1522 and levying special taxes to be collected during Fisca Year 2022­2023 to pay\nannual costs of the maintenance and servicing of landscaping, lighting, water quality\nimprovements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund\nfor capital replacement, and administrative expenses with respect to City of San Bernardino\nCommunity Facilities District No. 2019­1 (Maintenance Services); and\n6. Schedule the adoption of Ordinance No. MC­1609 for February 1, 2023.

9. Public Hearing on Annexation No. 30 to Community Facilities District 2019­1 (Ward 5)\np. 453\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Hold a Public Hearing; and\n2. Adopt Resolution No. 2023­006 of the Mayor and City Council of the City of San\nBernardino, California, calling an election to submit to the qualified electors the question of\nlevying a special tax within the area proposed to be annexed to Community Facilities District\nNo. 2019­1 (Maintenance Services) (Annexation No. 30); and\n3. Hold a special landowner election and canvass the election; and\n4. Adopt Resolution No. 2023­007 of the Mayor and City Council of the City of San\nBernardino, California, declaring election results for Community Facilities District No. 2019­\n1 (Maintenance Services) (Annexation No. 30); and\n5. Introduce, read by title only, and waive further reading of Ordinance No. MC1610 of the\nMC­1522 and levying special taxes to be collected during Fiscal Year 2022­2023 to pay\nannual costs of the maintenance and servicing of landscaping, lighting, water quality\nimprovements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund\nfor capital replacement, and administrative expenses with respect to City of San Bernardino\nCommunity Facilities District No. 2019­1 (Maintenance Services); and\n6. Schedule the adoption of Ordinance No. MC­1610 for February 1, 2023