San Bernardino — 2023-06-07

A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to\nGovernment Code Section 54956.9(a) and (d)(1):\ni) Jose Garibo, individually v. City of San Bernardino, et al., United States District Court\nCase No. 5:22­cv­00935SSS(SHKx)\nii) Michael Pacewiczh v. City of San Bernardino, Workers’ Compensation Case Nos.\nADJ13363900; ADJ2371411; ADJ1672800; and ADJ11174282

1. Proclamation of the for Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) Pride\nMonth in the City of San Bernardino – June 2023 (All Wards) p. 13

11. Approval of Commercial and Payroll Disbursements (All Wards) p. 147\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\napprove the commercial and payroll disbursements for May 2023.

12. Annual Renewal of the City’s Risk Management and Property Insurance Policies for\nFY 2023/24 (All Wards) p. 198\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Approve the annual renewal of the City’s property insurance, excess general liability\ninsurance, excess workers’ compensation insurance, crime insurance and cyber\ninsurance; and\n2. Authorize the City Manager to execute all related documentation.

13. Amendment No. 1 to Agreement with IDS Group, Inc. (Wards 4,7) p. 209\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize the execution of Amendment No. 1 to Professional Services Agreement with IDS\nGroup, Inc., for the design of the Newmark Ball Field and Speicher Multipurpose Field\nLighting, extending the agreement until May 17, 2024.

14. Amendment No. 1 to Professional Services Agreements for On­Call Pre­Qualified\nEngineering Services to 23 Firms and Amendment No 2. Professional Services\nAgreements for On­Call Pre­Qualified Engineering Services to 1 Firm (All Wards) p. 282\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\nApprove Amendment No. 1 to Professional Services Agreements (PSA) for On­Call Pre­\nQualified Engineering Services to 23 Firms; and Amendment No. 2 to Professional Services\nAgreements (PSA) for On­Call Pre­Qualified Engineering Services to 1 Firm.\nDISCUSSION

15. City Clerk’s Office System Implementation Updates p. 310\nRecommendation:\nReceive and file an update on implementing the Public Records Request Management\nSystem (PRRMS) through NextRequest, and Municipal Code Web Hosting and Codification\nthrough American Legal Publishing.

16. Discussion on Tenant Protection Options to Protect City Residents Facing Housing\nInstability. p. 335\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Adopt Resolution 2023­078 Approving a Legal Aid Tenant Protection Pilot Program,\nand\n2. Provide Staff Direction to Continue or Discontinue Further Studies Needed to Develop\nand Implement a Residential Rent Stabilization Ordinance and Rent Registry

17. American Rescue Plan Act­Funded Entrepreneurial Development Services and\nResource Center p. 361\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Approve a reallocation of $1,000,000.00 of American Rescue Plan Act (“ARPA”) funds\nfrom the Small Business Education and Training Resources allocation to the\nEntrepreneurial Development Services and Resource Center (the “ERC,” also known\nas the Aspen Institute Initiative) for a total of $2,000,000 allocated to the ERC.\n2. Authorize the Interim City Manager, or designee, to take necessary steps to\nimplement and administer the agreement including executing an agreement or\nMemorandum of Understanding (“MOU”) with the Inland Empire Center for\nEntrepreneurship in an amount not to exceed $1,873,700.00 through December 31,\n2026, and signing subsequent, necessary, and related documents to implement the\nMOU.\nPUBLIC HEARING

18. Appeal 23­01 of Conditional Use Permit 21­18 and Public Convenience or Necessity\nLetter 21­07 (Ward 1) p. 400\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).

19. Appeal 23­02 for Conditional Use Permit 22­13 and Minor Exception 22­04 (Ward 6) p. 454\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Adopt Resolution No. 2023­061, denying Appeal 23­02 thereby upholding Planning\nCommission’s denial of Conditional Use Permit 22­13 and Minor Exception 22­04 to\nallow the development, establishment, and operation of a self­storage facility\ncomprised of two (2) multi­story buildings containing a total of approximately 109,000\nsquare feet, and a ten (10) percent increase in the building height from thirty (30) feet\nto thirty­three (33) feet located at 1534 W. Highland Avenue (APN(s): 0148­174­04,\n10, 11, 15 through 18), within the Commercial General (CG­1) zone (Attachment 1);\nOr\n2. Adopt Resolution No. 2023­079 of the Mayor and City Council of the City of San\nBernardino, California, granting Appeal 23­02 of the Planning Commission’s denial,\nthereby approving Conditional Use Permit 22­12 and Minor Exception 22­04 to allow\nthe development, establishment, and operation of a self­storage facility comprised of\ntwo (2) multi­story buildings containing a total of approximately 109,000 square feet,\nand a ten (10) percent increase in the building height from thirty (30) feet to thirty (33)\nfeet located at 1534 W. Highland Avenue (APN(s): 0148­174­04, 10, 11, 15 through\n18), within the Commercial General (CG­1) zone; and finding the project subject to a\nCategorical Exemption under the California Environmental Quality Act (Attachment 7).

2. Proclamation for Fatherhood Awareness Month in the City of San Bernardino – June\n2023 (All Wards) p. 15

20. Presentation of the Proposed Fiscal Year 2023­24 Operating Budget and Capital\nImprovement Plan (All Wards) p. 613\nRecommendation:\nIt is recommended that the Mayor and City Council of San Bernardino, California:\n1. Conduct the Public Hearing on the proposed Fiscal Year 2023­24 Operating Budget\nand Capital Improvement Plan;\n2. Receive and file the proposed budget for Fiscal Year 2023­24 Operating and Capital\nImprovement Plan presentation and provide direction to staff.\nMAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

3. Proclamation of National Law Enforcement Week in the City of San Bernardino –\nJune 12th–16th 2023 (All Wards) p.17

4. Presentation of California Parks and Recreation Society, Community Champion\nAward to Youth Sports program volunteer Konstance Murrell. p.19\nAPPOINTMENTS

5. Water Board Reappointment of Thomas M. Brickley p. 20

6. Charter Review Appointment of Leticia O. Briggs (Mayor’s Appointment) p. 29

7. Downtown Advisory Committee Appointment of Reginald L. Woods (Mayor’s\nAppointment) p.37\nPUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA\nCITY MANAGER UPDATE\nCONSENT CALENDAR

8. Resolution Accepting the California Energy Commission ­ Automated Permit\nProcessing Program Grant Award p.51\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nAdopt Resolution No. 2023­077 :\n1. Accepting grant award funds in the amount of $100,000 from the California Energy\nCommission – California Automated Permit Processing Program for establishing an\nonline, automated solar permitting platform; and\n2. Authorizing the City Manager to conduct all negotiations, signing, and submittals of all\nnecessary documents to receive the grant award; and\n3. Authorizing the Agency Director of Administrative Services to amend the FY2022/23\noperating budget to appropriate $100,000 in grant funding to both revenues and\nexpenditures.

9. Approval of Amendment No. 1 to Professional Services Agreement for Accounting\nConsultant Services with Annie Clark (All Wards) p.72\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize the execution of Amendment No. 1 to Professional Services Agreement with Annie\nClark for accounting consultation services extending the agreement to June 30, 2024.