San Bernardino — 2023-05-03

A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to\nGovernment Code Section 54956.9(a) and (d)(1):\ni) Diana Herrera, et al., v. City of San Bernardino, et al., San Bernardino Superior Court\nCase No. CIVDS2000255

1. Proclamation for Asian American Pacific Islander Heritage Month in the City of San\nBernardino – May 2023 (All Wards) p. 13

10. Animal Control Commission Appointment of Jason Kakpo­Moore (Mayor’s\nAppointment) p.80\nCONSENT CALENDAR

11. Adoption of Ordinance No. MC­1616 (Annexation 29) (Ward 3) p. 88\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Ordinance No. MC­1616 amending Ordinance No. MC­1522 and levying special taxes\nto be collected during Fiscal Year 2023­2024 to pay the annual costs of the maintenance\nand servicing of landscaping, lighting, water quality improvements, graffiti, streets, street\nsweeping, parks and trail maintenance, a reserve fund for capital replacement, and\nadministrative expenses with respect to City of San Bernardino Community Facilities\nDistrict No. 2019­1 (Maintenance Services).

12. Approval of Amendment No. 3 to the Interim Golf Course Management Agreement\nfor the Operations and Maintenance of the Shandin Hills Golf Course (Ward 5) p. 98\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\napprove Resolution No. 2023­058, approving Amendment No. 3 to the Interim Golf Course\nManagement Agreement between the City of San Bernardino and CF Shandin Hills Arcis\nLLC; and direct the City Manager to execute Amendment No. 3.

13. Authorization to Proceed with a Right of Way Vacation of a Portion Along 9th Street\nand Tippecanoe Avenue (Ward 1) p.195\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize staff to proceed with an investigation and analysis for the proposed right of way\nvacation of a portion of 9th Street and a portion of Tippecanoe Avenue.

14. Authorization to Proceed with the Street Vacation of a Portion of Broadway Avenue\n(Ward 1) p. 208\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize staff to proceed with an investigation and analysis for the proposed vacation of a\nportion of Broadway Street.

15. FY2023­2024 Emergency Solutions Grant (ESG) and Community Development Block\nGrant (CDBG) Agreements p. 222\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino:\n1. Approve FY 2022­2023 Emergency Solutions Grant (ESG) Program Subrecipient\nAgreement with Salvation Army, Lutheran Social Services of Southern California, and\nCommunity Action Partnership of San Bernardino County (CAPSBC), and\n2. Approve FY 2022­2023 Community Development Block Grant Program Subrecipient\nAgreement with Inland Fair Housing and Mediation Board (IFHMB).

16. Approval of Commercial and Payroll Disbursements (All Wards) p.591\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\napprove the commercial and payroll disbursements for April 2023.

17. Investment Portfolio Report for February and March 2023 (All Wards) p.641\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 February and March 2023.

18. Second Amendment to the Concentra Medical Centers Professional Services\nAgreement for Pre­employment (All Wards) p. 658\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. Authorize the Second Amendment to the Professional Services Agreement with\nOccupational Health Centers of California doing business as (DBA) Concentra\nMedical Centers for pre­employment and screening services, effective February 1,\n2023 – April 30, 2023.

19. Resolution Accepting the Federal Railroad Administration Railroad Trespassing\nEnforcement Grant. p. 698\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2023­059, authorizing:\n1. The City Manager to accept the FY 2022/23 Federal Railroad Administration Railroad\nTrespassing Enforcement Grant.\n2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted\nBudget appropriating $120,000 in both revenue and expenditures.

2. Proclamation for the 54th Annual Professional Municipal Clerks Week in the City of\nSan Bernardino – April 30th ­ May 6th, 2023 p.15

20. Receive Annual Military Equipment Report and Approve Future Purchases p.743\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Receive and file the Department’s annual military equipment use report;\n2. Approve the Department’s request to acquire additional life­saving equipment in\naccordance with Assembly Bill 481.

21. Approving Amendment No. 1 to Cooperative Agreement No. 20­1002318 with the San\nBernardino County Transportation Authority (SBCTA) for Phase II of the San\nBernardino Metrolink Station Accessibility Improvement Project (Ward 1) p. 1070\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize the City Manager to execute Amendment No.1 to Cooperative Agreement No. 20­\n1002318 with the San Bernardino County Transportation Authority (SBCTA) for phase II of\nthe San Bernardino Metrolink Station Accessibility Improvement Project.

22. Task Order Issued to Willdan Engineering for Augmented Engineering Services\nPursuant to Professional Service Agreement for On­Call Engineering Services and\nApproval of Amendment No. 1 to Professional Services Agreement (All Wards) p. 1101\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\n1. Approve a Task Order Willdan Engineering001 to Willdan Engineering to provide\naugmented Land Development and National Pollutant Discharge Elimination\nSystem (NPDES) Programmatic Services pursuant to the approved Professional\nServices Agreement (PSA) for On­Call Engineering Services; and\n2. Authorize the Agency Director of Administrative Services to issue a purchase order in\nthe amount of $337,940; and\n3. Approve Amendment No. 1 to Professional Services Agreement for On­Call\nEngineering Services.\nDISCUSSION

23. Authorize the Interim City Manager to Terminate the Exclusive Negotiating\nAgreement with the San Bernardino Development Company (SBDC) and pay\nliquidated damages associated with said termination (Ward 1) p.1281\nRecommendation:\nIt is recommended that the Mayor and City Council authorize the Interim City Manager to\nterminate the Exclusive Negotiating Agreement (ENA) with the San Bernardino\nDevelopment Company (SBDC) for the Carousel Mall redevelopment project and authorize\npayment of liquidated damages to SBDC, in the amount of $100,000, associated with said\ntermination.\nPUBLIC HEARING

24. Appeal 23­01 of Conditional Use Permit 21­18 and Public Convenience or Necessity\nLetter 21­07 (Ward 1) p.1302\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\nadopt Resolution No. 2023­060 denying Appeal 23­01 thereby upholding the Planning\nCommission’s denial of Conditional Use Permit 21­18 and Public Convenience or Necessity\nLetter 21­07 not allowing the development, establishment, and operation of a market with a\nnew Alcohol Beverage Control Type 21(Off­Sale General) License within an existing building\ncontaining approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45\nacres located at 1820 W. 5th Street (APN: 0138­081­19) within the Commercial General\n(CG­1) zone (Attachment 1)

25. Appeal 23­02 for Conditional Use Permit 22­13 and Minor Exception 22­04 p. 1361\nRecommendation:\nAdopt Resolution No. 2023­061 of the Mayor and City Council of the City of San Bernardino,\nCalifornia, denying Appeal 23­02 thereby upholding Planning Commission’s denial of\nConditional Use Permit 22­13 and Minor Exception 22­04 to allow the development,\nestablishment, and operation of a self­storage facility comprised of two (2) multi­story\nbuildings containing a total of approximately 109,000 square feet, and a ten (10) percent\nincrease in the building height from thirty (30) feet to thirty­three (33) feet located at 1534 W.\nHighland Avenue (APN: 0148­174­04, 10, 11, 15 through 18), within the Commercial General\n(CG­1) zone.

26. Proposed Fiscal Year 2023­24 Annual Action Plan for the Community Development\nBlock Grant, HOME Investment Partnership and Emergency Solutions Grant\nPrograms (All Wards) p. 1447\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Conduct a Public Hearing to obtain citizen’s comments on the proposed Fiscal Year\n2023­24 Annual Action Plan for the Community Development Block Grant,\nHOME Investment Partnership, and Emergency Solutions Grant Programs; and\n2. Consider any necessary changes to the proposed Fiscal Year 2023­24 Annual Action\nPlan and direct staff to return on June 21, 2023, with the final Annual Action Plan\nfor consideration prior to submittal to United States Department of Housing and\nUrban Development.

27. Community Facilities District No. 2018­2 (Verdemont Ranch) 2023 Special Tax Bonds p. 1737\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2023­062,\n1. Authorizing the issuance of, not to exceed $3,500,000 aggregate principal account of\nCommunity Facilities District No. 2018­2 (Verdemont Ranch) of the City of San Bernardino\n2023 Special Tax Bonds;\n2. Approving a form of Preliminary Official Statement, a form of the Fiscal Agent\nAgreement, a form of Bond Purchase Agreement, a form of Security Agreement, a form of\nFunding Agreement and a form of Continuing Disclosure Agreement, which is\nattached to the Preliminary Official Statement as Appendix E;\n3. Making certain determinations relating thereto; and\n4. Authorizing certain other actions in connect therewith.\nITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

28. Consider Extending Notification Period of Public Hearings (All Wards) – Council\nMember Reynoso p. 1970

29. Consider Removal of Oxbow Cement Pile (Ward 5) – Council Member Reynoso p. 1971

3. Proclamation Recognizing Water Safety Month in the City of San Bernardino – May\n2023 (All Wards) p. 17\nAPPOINTMENTS

4. Charter Review Committee Appointment (Ward 6) p. 19

5. Public Safety and Human Relations Commission Appointment (Ward 6) p.28

6. Downtown Advisory Committee Reappointment (Ward 2) p. 39

7. General Plan Advisory Committee Reappointment (Ward 2) p. 53

8. Planning Commission Reappointment (Ward 2) p.63

9. Animal Control Commission Reappointment of Angela Halfman (Mayor’s\nAppointment) p. 72