San Bernardino — 2023-07-19

City Council

#A Closed Session
A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to\nGovernment Code Section 54956.9(a) and (d)(1):\ni. The E s t a t e of Rob M a r q u i s e A d a m s , by and t h r o u g h its P e r s o n a l\nRepresentatives, Tamika King, et al. v. City of San Bernardino, United States District Court\nCase No. 5:22­cv­02206­JGB­SP\nii. Andrea Miller v. City of San Bernardino, et al., San Bernardino Superior Court Case No.\nCIVDS2015337 and Court of Appeals Case No. E080807\niii. Promise Gracia, et al. v. City of San Bernardino, San Bernardino Superior Court Case No.\nCIVSB2301828\niv. Brian Pellis, John Vasek v. City of San Bernardino, San Bernardino Superior Court Case\nNo. CIVSB2226731.
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1. Economic Development Tools Presentation by Kosmont Companies (All Wards) Pg. 15
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10. Parks, Recreation and Community Services Commission Appointment of Esmeralda\nNegrete (Ward 4) Pg. 88\nPUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA\nCITY MANAGER UPDATE\nCONSENT CALENDAR
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12. Agreement with Center for Employment Opportunities (CEO) (All Wards) Pg. 133\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Authorize the City Manager to execute a Maintenance Services Agreement with the\nCenter for Employment Opportunities, (CEO), for City­wide right­of­way maintenance\nservices, litter/illegal dumping collection, and weed abatement.\n2. Adopt Resolution No. 2023­116 authorizing the Agency Director of Administrative\nServices to amend the FY2023/24 Gas Tax Operating Budget Revenue and\nExpenditures by $464,340 for right­of­way clean­up services and weed abatement; and\n3. Authorize the Agency Director of Administrative Services to issue a purchase order not\nto exceed the amount of $1,014,340.
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13. Co­Applicant for Round 5 Transformative Climate Communities Program Grant\nFunding (Ward 1, Ward 2) Pg. 200\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Authorize the Interim City Manager, or designee, to submit an application as a co­\napplicant of the Housing Authority of San Bernardino County to the Round 5\nTransformative Climate Communities Program for the Arrowhead Grove\nRedevelopment Project; and\n2. Authorize the Interim City Manager, or designee, to enter into a partnership agreement\nas part of the application process detailing the collaborative stakeholder structure, and\nsigning subsequent, necessary, and related documents to implement the agreement.
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14. Approve the Purchase of Handheld Transceiver Radios from Motorola Solutions for\nCode Enforcement Officers Pg. 222\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Authorize the City Manager to approve a Goods Purchasing Agreement with Motorola\nSolutions, Inc.; and\n2. Authorize the Agency Director of Administrative Services to issue a purchase order in\nthe amount of $130,164.29 for Handheld Transceiver Radios for Code Enforcement\nOfficers.
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15. Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement\nAbatements of Public Nuisance Pg. 238\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2023­115, imposing liens on certain real property located within the\nCity of San Bernardino to recover costs for Code Enforcement abatement of public nuisance.
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16. Resolution and Amendment to the California Department of Housing and Community\nDevelopment Standard Agreement for Permanent Local Housing Allocation Funds\nSpending Plan and Allocations (All Wards) Pg. 245\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Adopt Resolution 2023­097 of the Mayor and City Council of the City of San\nBernardino, amending Resolution 2020­92, as required by the California Department\nof Housing and Community Development, authorizing the Director of Community\nHousing and Economic Development, and the Deputy Director of Housing and\nHomelessness to execute the Permanent Local Allocation Program documents, and\namending the Permanent Local Housing Allocation Funds Section 302 (c)(4) plan; and\n2. Authorize termination of the Permanent Local Housing Allocation Program\nSubrecipient Agreement between the City of San Bernardino and Step Up on Second\nStreet, Inc.
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17. Fiscal Year 2023­24 Special Tax Levies for Previously Formed Community Facilities\nDistricts (Wards 3 and 5) Pg. 279\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Adopt Resolution No. 2023­098 of the Mayor and City Council of the City of San\nBernardino, California, Levying Special Taxes to be Collected During Fiscal Year\n2023­24 to Pay the Annual Cost of Public Safety Services and Administrative\nExpenses within Community Facilities District No. 2018­1 (Safety Services) of the City\nof San Bernardino;\n2. Adopt Resolution No. 2023­099 of the Mayor and City Council of the City of San\nBernardino, California, Levying Special Taxes to be Collected During Fiscal Year\n2023­24 to Pay for Facilities or to Pay Principal and Interest on Bonds and\nAdministrative Expenses within Community Facilities District No 2018­2 (Verdemont\nRanch) of the City of San Bernardino;\n3. Adopt Resolution No. 2023­100 of the Mayor and City Council of the City of San\nBernardino, California Levying Special Taxes to be Collected During Fiscal Year 2023­\n24 to Pay the Annual Cost of Maintenance Services and Administrative Expenses\nwithin Community Facilities District No. 2019­1 (Maintenance Services) of the City of\nSan Bernardino;\n4. Adopt Resolution No. 2023­101 of the Mayor and City Council of the City of San\nBernardino, California, Levying Special Taxes to be Collected During Fiscal Year\n2023­24 to Pay for Facilities or to Pay Principal and Interest on Bonds and\nAdministrative Expenses within Community Facilities District No. 2020­1 (Rancho\nPalma) of the City of San Bernardino;\n5. Adopt Resolution No. 2023­102 of the Mayor and City Council of the City of San\nBernardino, California, Levying Special Taxes to be Collected During Fiscal Year\n2023­24 to pay for Facilities or to Pay Principal and Interest on Bonds and\nAdministrative Expenses within Community Facilities District No. 2021­1 (Ferree\nStreet) of the City of San Bernardino; and\n6. Adopt Resolution No. 2023­103 of the Mayor and City Council of the City of San\nBernardino, California, Levying Special Taxes to be Collected During Fiscal Year\n2023­24 to Pay for Facilities or to Pay Principal and Interest on Bonds and\nAdministrative Expenses within Community Facilities District No. 2022­2 (Palm) of the\nCity of San Bernardino.
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18. Approval of Commercial and Payroll Disbursements (All Wards) Pg. 332\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\napprove the commercial and payroll disbursements for June 2023.
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19. Appropriation of AQMD Funds for Vanpool Program (All Wards) Pg. 439\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Authorize the Agency Director of Administrative Services to appropriate a total of\n$37,000 using the AB2788 Air Quality fund; and,\n2. Adopt Resolution No. 2023­104 authorizing the Agency Director of Administrative\nServices to amend the FY 2022/23 and FY 2023/24 Operating Budget by $13,000 and\n$24,000, respectively.
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2. Citizen of the Month – Brandon Eldiab, Jimmy’s Liquor – 1st Ward Pg.38
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20. Review of Administrative Budget Transfers (All Wards) Pg. 464\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nreview and file all listed administrative budget transfers from April 1, 2023 through June 30,\n2023.
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21. Authorize the issuance of purchase orders for the on­going maintenance and support\nservices for annual software and hardware usage fees with Atel\nCommunications, Solutions Simplified for DocuSign Software Services, Tyler\nTechnologies, Granicus, Harris Computers, NPA and Verizon. Pg. 467\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize the Agency Director of Administrative Services to execute the ongoing purchase\norders for Annual Usage Fees, Software Maintenance, and Hardware Maintenance with Atel\nCommunications, Solutions Simplified for DocuSign Software Services, Tyler Technologies,\nGranicus, Harris Computers, NPA Computers, and Verizon for a combined total not to\nexceed $1,197,572.69.
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22. 2022­2025 Retired and Senior Volunteer Program (RSVP) – 2nd year of a 3­year\nGrant Award (All Wards) Pg. 503\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Adopt Resolution No. 2023­105 approving a continuation of submitted budget\napplication for year two of a three­year grant through the National and Community\nServices Retired and Senior Volunteer Program; and,\n2. Authorize the City Manager to accept the grant award in the amount of $54,809; and,\n3. Authorize the Agency Director of Administrative services to amend the budget to\nappropriate the grant funds for the period of April 1, 2023, through March 31, 2024.
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23. Accept 2021 Homeland Security Grant (All Wards) Pg. 333\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Adopt Resolution No. 2023­106 authorizing the City Manager to accept the 2021\nHomeland Security Grant Program funds; and,\n2. Authorize the Agency Director of Administrative Services to amend the Fiscal Year\n2023/24 Adopted Budget revenue and expenditures by $41,111.
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24. Authorize Agreement with Law Enforcement Medical Services (All Wards) Pg.570\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize the City Manager to execute a Professional Services Agreement with Law\nEnforcement Medical Services, Inc. and authorize an annual Purchase Order in the amount\nof $100,000 effective July 1st, 2023.\nDISCUSSION
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25. Regional Housing Trust Letter of Intent Pg. 627\nRecommendation:\nIt is recommended that the Mayor and City Council approves the City joining the\nSanBernardino Regional Housing Trust, a Joint Powers Authority (JPA) formed among cities\nwithin the San Bernardino County Region to gain competitiveness and improve financial\nviability so that the City can increase affordable housing developments.
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26. American Rescue Plan Update (All Wards) Pg. 663\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Reallocate $1,560,000 of funds from the Water Lead Service Connector Program and\ncommit $8,440,000 in additional American Rescue Plan Act (ARPA) funds for a total\nof $10,000,000 to IT infrastructure and the City’s Enterprise Resource Planning (ERP)\nsystem;\n2. Adopt Resolution No. 2023­107 authorizing the Agency Director of Administrative\nServices to amend the FY 2022/23­2023/24 Biennial Budget by $8,440,000 in\nAmerican Rescue Plan funds; and\n3. Receive and file this update on the ARP funds allocation, spending opportunities,\ninvestments and spending to date.
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27. Concept Plan Approval for Seccombe Lake Park Revitalization Project (Ward 1) Pg. 755\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\napprove the concept plans prepared for Seccombe Lake Park Revitalization Project and\ndirect staff to proceed with final design for the project.\nPUBLIC HEARING
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28. Public Hearings on Fiscal Year 2023/24 Assessment Levies for Previously Formed\nAssessment Districts. (All Wards) Pg. 765\nRecommendation:\nHold public hearings and:\n1. Adopt Resolution No. 2023­108 of the Mayor and City Council of the City of San\nBernardino, California, Confirming the Diagram and Assessment for Assessment\nDistrict No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2023­24;\n2. Adopt Resolution No. 2023­109 of the Mayor and City Council of the City of San\nBernardino, California, Confirming the Diagram and Assessment for Assessment\nDistrict Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 2023­24;\n3. Adopt Resolution No. 2023­110 of the Mayor and City Council of the City of San\nBernardino, California, Confirming the Diagram and Assessment for Assessment\nDistrict Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036,\n1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046,\n1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068\nfor Fiscal Year 2023­24;\n4. Adopt Resolution No. 2023­111 of the Mayor and City Council of the City of San\nBernardino, California, Confirming the Diagram and Assessment for Assessment\nDistrict Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3),\n953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993,\n997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2023­24; and\n5. Adopt Resolution No. 2023­112 of the Mayor and City Council of the City of San\nBernardino, California, Confirming the Diagram and Assessment for Assessment\nDistrict Nos. 1025 and 1027 for Fiscal Year 2023­24.
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29. Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates\nfor Solid Waste Services, Approving Third Amendment to the City’s Exclusive\nFranchise Agreement for Integrated Solid Waste Collection, Processing and\nDisposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt\nfrom the California Environmental Quality Act (All Wards) Pg. 789\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\nexecute the following actions:\n1. Proceed with the continued Public Hearing to receive comments on the proposed rate\nincreases and Third Amendment to the City’s Exclusive Franchise Agreement for\nIntegrated Solid Waste Collection, Processing and Disposal Services with Burrtec\nWaste Industries, Inc. (“Burrtec”); and\n2. Close the Public Hearing after all public comments have been heard; and\n3. Determine if written protests have been received from the owners and tenants from\nparcels which are subject to the solid waste service rate increases, and, if a majority\nprotest is not received; and\n4. Adopt either: a. Resolution No. 2023­113, a Resolution of the Mayor and City Council\nof the City of San Bernardino, California, Approving Third Amendment to the Exclusive\nFranchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal\nServices with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service\nRates, and Finding this Action Exempt from the California Environmental Quality Act\n(Option A, previously referred to as Rate Option 2), or b. Resolution No. 2023­114, a\nResolution of the Mayor and City Council of the City of San Bernardino, California,\nApproving Third Amendment to the Exclusive Franchise Agreement for Integrated\nSolid Waste Collection, Processing, and Disposal Services with Burrtec Waste\nIndustries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action\nExempt from the California Environmental Quality Act (Option B, previously referred to\nas Rate Option 4).\nITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
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3. Citizen of the Month – Marti Christiansen, Business Watch – 1st Ward Pg. 40
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30. San Bernardino Regional Housing Trust (All Wards) - Council Member Alexander\nPg. 1022\nMAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
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4. Citizen of the Month – Gurpreet Singh, La Cadena Market – 1st Ward Pg.42
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5. Citizen of the Month – Luis Ojeda, We Are The Change – 1st Ward Pg. 44\nAPPOINTMENTS
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6. Animal Control Commission Appointment of Sharon A. Negrete (Ward 4) Pg. 46
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7. Downtown Advisory Committee Appointment of Vincent D. Laster (Ward 4) Pg.54
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8. Arts and Historical Preservation Commission Appointment of Jeffreda Curry (Ward 4)\nPg. 65
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9. Measure S Citizens Oversight Committee Appointment of Jeffreda Curry (Ward 4)\nPg. 78