San Bernardino — 2023-06-21

A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to\nGovernment Code Section 54956.9(a) and (d)(1):\ni. George Luna v. City of San Bernardino, Workers’ Compensation Case Nos.\nADJ13592854; ADJ13510564; ADJ13510560; ADJ2913755 and ADJ10411334.\nii. Promise Gracia, et al. v. City of San Bernardino, San Bernardino Superior Court Case No.\nCIVSB2301828

1. Proclamation for Parks and Recreation Month in the City of San Bernardino – July\n2023 (All Wards) p. 14

10. Approve the Professional Services Agreement with Kosmont Realty for Real Estate\nAdvisory and Due Diligence Services (All Wards) p. 196\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Approve a Professional Services Agreement with Kosmont Realty for Real Estate\nAdvisory and Due Diligence Services; and\n2. Authorize the City Manager, or designee, to execute the Professional Services\nAgreement with Kosmont Realty; and\n3. Authorize the Agency Director of Administrative Services to issue a Purchase Order\nin an amount not to exceed $90,000 to Kosmont Realty.

12. Pre­Approval of Mayor and City Council Travel for FY 2023/24 (All Wards) p. 371\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\npre­approve travel for elected officials for FY 2023/24 as outlined.

13. 2023 Fireworks Regulatory Fee Rate (All Wards) p. 391\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2023­087 of the Mayor and City Council of the City of San Bernardino,\nCalifornia, setting the 2023 Regulatory Fee Rate of 10% for the sale of "safe and sane"\nfireworks in the City of San Bernardino.

14. Accept the Proposition 64 Public Health and Safety Grant and Issue a Purchase\nOrder to Sicuro Data Analytics LLC (All Wards) p. 400\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2023­088, authorizing:\n1. The City Manager to accept the Proposition 64 Public Health and Safety Cohort 3\nGrant; and effective July 1st, 2023,\n2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted\nBudget appropriating $3,000,000 in both revenue and expenditures; and,\n3. Issue a purchase order to Sicuro Data Analytics LLC. in an amount not to exceed\n$400,000; and,\n4. The Police Department to increase approved staffing by one Management Analyst I.

15. Contract Change Order Approval – Paul Villasenor and Howard Rowe Libraries\nImprovements (Ward 1, 7) p. 467\nRecommendation:\nAdopt Resolution No. 2023­089 of the Mayor and City Council of the City of San Bernardino,\nCalifornia:\n1. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23\nCapital Improvement Plan to record a supplemental appropriation in the amount of\n$260,401.72 from Library Facilities fund balance and Measure S fund project savings\nfor the Paul Villasenor and Howard Rowe Libraries improvements project; and\n2. Approving the Construction Contract Change Order (CCO #1) with US Builders and\nConsultants in the amount of $440,577.60, for a total contract amount of $796,477.60;\nand\n3. Authorizing project construction, project contingencies, and inspection costs for a\ntotal not­to­exceed amount of $907,677.60 for the project; and\n4. Authorizing the City Manager or designee to expend the contingency fund, if\nnecessary, to complete the project.

16. Agreement with Superior Pavement Markings, Inc. for Area Street Sign\nReplacement Services (All Wards) p. 483\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize the City Manager to execute a Maintenance Services Agreement with Superior\nPavement Markings, Inc., for area street name sign replacement services and related\nmaterials.

17. Award Design Services Agreement for Guadalupe Field at Sal Saavedra Park\nRevitalization Project (Ward 1) p. 824\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\napprove the award of a Design Services Agreement with RHA Landscape Architects\nPlanners, Inc. in the amount of $183,465 for the revitalization of Guadalupe Field at Sal\nSaavedra Park.

18. Award Design Services Agreement for Speicher Memorial Park Ballfield\nImprovements (Ward 2) p. 881\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\napprove the award of a Design Services Agreement with IDS Group, Inc. in the amount of\n$180,943 for Speicher Memorial Park Ballfield Improvements.

19. Task Order Issued to Transtech Engineers for Augmented Engineering Services\nPursuant to Professional Service Agreement for On­Call Engineering Services (All\nWards) p. 944\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\napprove a Task Order Transtech002 to Transtech Engineers to provide augmented Capital\nImprovement Program Programmatic Services pursuant to the approved Professional\nServices Agreement (PSA) for On­Call Engineering Services and authorize the Agency\nDirector of Administrative Services to issue a purchase order in the amount of $488,880.\nDISCUSSION

2. Proclamation for Juneteenth p. 16

20. Approval of the Fiscal Year 2023­24 Operating Budget and Capital Improvement Plan\n(All Wards) p. 954\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Adopt Resolution No. 2023­080 of the Mayor and City Council of the City of San\nBernardino, California, approving the City of San Bernardino’s Fiscal Year 2023­24\nOperating Budget and Capital Improvement Plan;\n2. Adopt annual budgets for Fiscal Year 2023­24;\n3. Establish the City’s Appropriations Limit as required by Article XII of the California\nState Constitution.\n4. Adopt Resolution No. 2023­081 of the Mayor and City Council of the City of San\nBernardino, California, approving an amendment to the to the city­wide salary\nschedule for full­time, part­time, temporary, and seasonal positions.

21. 2023 State of the City (All Wards) p. 1350\nRecommendation:\nAdopt Resolution No. 2023­082 of the Mayor and City Council of the City of San Bernardino,\nCalifornia authorizing the Agency Director of Administrative Services to amend the FY\n2022/23 operating budget in the amount of $16,000 to facilitate the 2023 San Bernardino\nState of the City event.\nPUBLIC HEARING

22. Proposed Fiscal Year 2023­2024 Annual Action Plan Associated with Community\nDevelopment Block Grant, HOME Investment Partnership, and Emergency\nSolutions Grant Programs (All Wards) p. 1356\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Conduct a second Public Hearing to obtain citizens’ comments on the proposed\nFiscal Year 2023­2024 Annual Action Plan for the Community Development Block\nGrant, HOME Investment Partnership, and Emergency Solutions Grant Programs;\nand\n2. Approve the Fiscal Year 2023­2024 Annual Action Plan as an application for funding\nunder Community Development Block Grant, Home Investment Partnerships, and\nEmergency Solutions Grant programs; and\n3. Approve the execution of the Subrecipient Agreements with Inland Fair Housing\nMediation Board, Asociacion de Emprendedor@s, Nehemiah Charitable Fund,\nNeighborhood Housing Services of the Inland Empire, Lutheran Social Services of\nSouthern California, Salvation Army, a California Corporation, Community Action\nPartnership of San Bernardino County, and Family Service Association of Redlands\nto effectuate the funding allocations outlined in the Fiscal Year 2023­2024 Annual\nAction Plan; and\n4. Authorize the City Manager or designee to take any further actions and execute any\nfurther documents as necessary to effectuate the submittal of the HUD Fiscal Year\n2023­2024 Annual Action Plan and certification to HUD.

23. Public Hearing and Resolution Confirming Assessments for Delinquent Solid Waste\nCollection Service Charges on the Property Tax Roll for Fiscal Year 2023­24 (All\nWards) p. 1714\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Hold a Public Hearing to consider whether to collect delinquent solid waste collection\nservice charges on the property tax roll for Fiscal Year (FY 2023­24); and\n2. Adopt Resolution No. 2023­083 of the Mayor and City Council of the City of San\nBernardino, California, adopting the report proposing to have delinquent solid waste\ncollection service charges collected on the tax roll.

24. Continuation, to July 19, 2023, of Public Hearing Regarding Solid Waste Rate\nIncreases and Resolution Adopting Rates for Solid Waste Services, Approving Third\nAmendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste\nCollection, Processing and Disposal Services with Burrtec Waste Industries, Inc.,\nand Finding the Action Exempt from the California Environmental Quality Act p. 1880\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\nexecute the following actions: Continue the Proposition 218 Public Hearing to receive\ncomments on the proposed rate increases and Third Amendment to the City’s Exclusive\nFranchise Agreement for Integrated Solid Waste Collection, Processing and Disposal\nServices with Burrtec Waste Industries, Inc. (“Burrtec”) to the July 19, 2023, Mayor and City\nCouncil Meeting.\nITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

25. Utilization Coordination Meetings and franchise fee with Southern California Gas\nCompany (All Wards) – Council Member Alexander p. 1882

26. The Legality of grinding and crushing on site at the Carousel Mall (Ward 1) – Council\nMember Sanchez p. 1883

27. Proposed meeting time change: Closed Session to start at 4:00pm and Open\nSession to start at 5:30pm (All Wards) ­ Mayor Tran p. 1884\nMAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

3. San Bernardino County Transportation Authority (SBCTA) Project Updates p. 18\nAPPOINTMENTS

4. Library Board Appointment of Randy S. Clyde p. 33\nPUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA\nCITY MANAGER UPDATE\nCONSENT CALENDAR

5. Amendment No. 2 to the Professional Services Agreement with Spicer Consulting\nGroup (All Wards) p. 47\nRecommendation:\nIt is recommended that the Mayor and City Council, of the City of San Bernardino, California:\n1. Authorize the Interim City Manager to execute Amendment No. 2 to the Professional\nServices Agreement with Spicer Consulting Group (SCG) to increase the purchase\norder amount by $200,000, to an amount not­to­exceed $741,018, for as­needed\nconsulting services related to Maintenance Assessment District Administration and\nthe formation/annexation of Community Facilities Districts and Assessment Districts;\nand\n2. Authorize exercising the City’s second twelve (12) month extension option, extending\nthe term of the Professional Services Agreement through June 30, 2024.

6. Resolution Declaring Intent to Annex Territory: Community Facilities District No.\n2019­1 (Maintenance Services): Annexation No. 35, Tax Zone No. 36 (Starbucks)\n(Ward 2) p. 68\nRecommendation:\nIt is recommended that the Mayor and City Council of San Bernardino, California, adopt\nResolution No. 2023­085 of the Mayor and City Council of San Bernardino, California,\ndeclaring its intention to annex territory into Community Facilities District No. 2019­1\n(Maintenance Services) of the City of San Bernardino, adopting a map of the area to be\nproposed (Annexation No. 35), and authorizing the levy of special taxes therein.

7. Resolution Declaring Intent to Annex Territory: Community Facilities District No.\n2019­1 (Maintenance Services): Annexation No. 36, Tax Zone No. 37 (5570 Industrial)\n(Ward 6) p.106\nRecommendation:\nIt is recommended that the Mayor and City Council of San Bernardino, California, adopt\nResolution No. 2023­086 of the Mayor and City Council of San Bernardino, California,\ndeclaring its intention to annex territory into Community Facilities District No. 2019­1\n(Maintenance Services) of the City of San Bernardino, adopting a map of the area to be\nproposed (Annexation No. 36) and authorizing the levy of a special taxes therein.

8. Professional Service Agreement Award – Consultation Services for Broadband\nStrategic Master Plan (All Wards) p. 140\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Approve a Professional Service Agreement (PSA) with Michael Baker International in\nthe amount of $414,810, to provide consultation services for Broadband Master Plan\nfor the period of June 22, 2023, through October 31, 2024; and\n2. Authorize the City Manager, or designee, to take necessary steps to implement and\nadminister the agreement including executing an agreement, amendments, and\nsigning subsequent, necessary, and related documents, to implement the agreement.

9. Amendment No. 2 to the Master Agreement with Renne Public Policy Group (RPPG)\n(All Wards) p. 183\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. 2 to the agreement between the City\nof San Bernardino and Renne Public Policy Group (RPPG), to extend and increase the\nagreement for grant consultation services for an amount not to exceed $86,000 for the\nextension period of July 1, 2023 through June 30, 2024.