San Bernardino — 2023-09-05

A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to\nGovernment Code Section 54956.9(a) and (d)(1):\ni.) Edward Lee v. City of San Bernardino, Workers’ Compensation Case Nos.\nADJ16652155; ADJ16652154; ADJ16652152; and ADJ13431303\nii.) John Diaz v. City of San Bernardino, Workers’ Compensation Case No. ADJ15725143

B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section\n54957)\nCity Manager

C) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code\nSection 54957.6)\nAgency designated representatives: Frank Rojas, Koff & Associates; Director of Human\nResources\nUnrepresented Employee: City Manager

D) CONFERENCE WITH LEGAL COUNSEL­ANTICIPATED LITIGATION (Government\nCode §54956.9)\nSignificant exposure to litigation (Number of potential cases): One\n7:00 P.M.

1. Proclamation for National Library Card Sign­Up & Literacy Month in the City of San\nBernardino – September 2023 (All Wards) p. 14\nPUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA\nCITY MANAGER UPDATE\nCONSENT CALENDAR

10. Authorization to Proceed with Investigation and Analysis for Proposed Street\nVacation of a Portion of Harris Street (Ward 1) p.298\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 Harris Street.

11. Resolution to Approve the Recognized Obligation Payment Schedule (ROPS) 2024­\n25 A and B (All Wards) p. 341\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nacting in its capacity as the Successor Agency to the Redevelopment Agency of the City of\nSan Bernardino:\n1. Adopt Resolution No. 2023­142 Approving the Recognized Obligation Payment\nSchedule (ROPS) 24­25 A and B; and\n2. Authorize the City Manager, as the Successor Agency’s Executive Director or\ndesignee, to:\na. Transmit the ROPS 24­25 A and B to the State Department of Finance and\nother designated agencies as prescribed by the California Health and Safety\nCode (HSC);\nb. Make ministerial revisions to ROPS 24­25 A and B, which may include, but\nare not limited to, restating the information included within ROPS 24­25 A and\nB as may be requested by the State Department of Finance;\nc. Take such other actions and execute such other documents as are\nnecessary to effectuate the ROPS; and\nd. Implement ROPS 24­25 A and B on behalf of the Successor Agency,\nincluding authorizing and causing such payments as authorized by ROPS 24­\n25 A and B.

12. Approval of Commercial and Payroll Disbursements (All Wards) p. 350\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\napprove the commercial and payroll disbursements for August 2023.

13. Side Letter Agreements with Bargaining Groups Regarding Premium Pay for City\nand Water Department Employees p. 437\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2023­143, authorizing the City Manager to execute side letter\nagreements with the City’s bargaining groups regarding premium pay.

14. Amendment to the Professional Services Agreement with Graves & King p.451\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 the third amendment to the Professional\nServices Agreement with Graves & King for legal representation in the Faith Emileen\nStewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No.\nCIVSB2100620, increasing the not to exceed amount to $350,000.

15. Health Benefits Plan Year 2024 p. 470\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\napprove the City’s health benefit plans for plan year 2024 and authorize the City Manager to\nexecute any agreements necessary to effectuate the medical, dental, vision, life, short and\nlong­term disability, and other ancillary and voluntary plans that the City offers as part of its\nbenefits package to employees.

16. Receive and File Letter of Intent from Los Angeles Dodger Foundation for\nRenovation of Blair Park Baseball Fields p. 502\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nreceive and file the attached letter of intent from the Los Angeles Dodger Foundation.

17. Design Services Agreement with Miller Architectural Corporation for Renovation of\na One Stop Shop Permitting Center (All Wards) p. 512\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize the City Manager to approve an Agreement with Miller Architectural Corporation for\nrenovation and design services for a fee in the amount of $71,575 to create a One Stop\nShop Permitting Center on the 3rd floor of the property located at 201 North E Street.

18. Agreement with San Bernardino Paint and Supply, Inc. (All Wards) p. 555\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 Goods and Services Agreement with San\nBernardino Paint and Supply, Inc., for the purchase of paint and related materials; and\n2. Authorize the Agency Director of Administrative Services to issue a purchase order in\nthe amount of $150,000.\nDISCUSSION

19. Regular Ordinance Amending, or Repealing, Crime Free Housing Ordinance No.\nMC­1351 p. 598\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\n1. Introduce, read by title only, and waive further reading of Ordinance No. MC­1619 –\nAn Ordinance of the Mayor and City Council of the City of San Bernardino, California,\namending Chapter 15.27 of Title 15 of the San Bernardino Municipal Code regarding\nrental housing program maintenance standards;\nor\n2. Introduce, read by title only, and waive further reading of Ordinance No. MC­1620 ­­\nAn Ordinance of the Mayor and City Council of the City of San Bernardino, California,\nrepealing Chapter 15.27 of Title 15 of the San Bernardino Municipal Code (Crime­\nFree Rental Housing Program).

2. Pre­Approval of Mayor Travel for FY 2023/2024 (All Wards) p. 16\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\npre­approve the Mayor’s specified travel for Fiscal Year 2023/24.

20. Strategic Initiatives (All Wards) p. 612\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Adopt Resolution No. 2023­144:\na. Approving and authorizing the Agency Director of Administrative Services to\namend the City of San Bernardino’s FY 2023/24 Operating Budget totaling\n$5,705,188 with $3,435,188 in General Fund Strategic Reserve\nappropriations, $1,700,000 in General Fund Capital Contingency Reserve\nappropriations, and $570,000 in Cultural Development Fund\nappropriations; and\nb. Approving the creation of the Economic Development Department; and\nc. Directing staff to prepare and bring back a revised City salary schedule to\ninclude any new positions that are budgeted.\n2. Approve the Proposed Strategic Initiatives for Future Years to be considered as part of\nthe FY 2024/25 & FY 2025/26 Biennial Budget process and prioritize the\nStrategic Initiatives for funding.\n3. Direct staff to bring back Strategic Initiatives that require further Council review and\napproval.

21. Mount Vernon Avenue Viaduct ­ Amendment No. 3 to Cooperative Agreement No. 16­\n1001477 (Ward 1) p. 918\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia, adopt Resolution No. 2023­145 authorizing the City Manager to execute\nAmendment No. 3 to Cooperative Agreement No. 16­1001477 with the San\nBernardino County Transportation Authority (SBCTA) for the Environmental Clearance,\nPreliminary Design, Right­of­Way, and Design­Build Phases for the Mount Vernon\nAvenue Viaduct Project (Project), to increase the funding by an estimated amount of\n$13,331,534, to address the project extension and costs escalation during the\nDesign­Build phase for a total Project cost of $244,811,419.\nPUBLIC HEARING

22. Conduct Public Hearing and Introduction of an Ordinance to Grant a Franchise to\nSouthern California Gas Company (All Wards) p. 965\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\ntake the following actions:\n1. Find that the proposed ordinance is not a project subject to California\nEnvironmental Quality Act (CEQA) in accordance with Section 21065 of CEQA\nand State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378 and\nthat the proposed action is exempt from CEQA pursuant to State CEQA\nGuidelines Section 15061 (b)(3); and\n2. Conduct a public hearing to receive comments on the proposed franchise\nagreement with Southern California Gas Company.\n3. Introduce, read by title only, and waive further reading of Ordinance No. MC­1621\nto grant a franchise to Southern California Edison Gas Company.

23. Continuation, to January 17, 2024, 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., and\nFinding the Action Exempt from the California Environmental Quality Act. p. 1000\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\napprove the continuation of the Proposition 218 Public Hearing to receive comments on the\nproposed rate increases and Third Amendment to the City’s Exclusive Franchise\nAgreement for Integrated Solid Waste Collection, Processing and Disposal Services with\nBurrtec Waste Industries, Inc. (“Burrtec”) to the January 17, 2024, Mayor and City Council\nMeeting.\nMAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

3. 2023 League of California Cities Annual Conference General Assembly p.39\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nreceive and file an update on policy proposals to be considered by the 2023 League of\nCalifornia Cities Annual Conference General Assembly.

4. Adopt the Resolutions Associated with the March 5, 2024, City of San Bernardino\nPrimary Municipal Election p. 42\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\ntake the following actions to conduct the Primary Municipal Election on March 5, 2024:\n1. Adopt Resolution No. 2023­137 calling for the holding of a Primary Municipal Election\nto be held on Tuesday March 5, 2024, for the election of certain officers as required by\nthe provisions of the San Bernardino City Charter;\n2. Adopt Resolution No. 2023­138 Requesting the Board of Supervisors of the County of\nSan Bernardino consolidate a Primary Municipal Election to be held on March 5, 2024,\nwith the Statewide Primary Election to be held on the date pursuant to 10403 of the\nElections Code;\n3. Adopt Resolution No. 2023­139 adopting regulations for Candidates for elective office\npertaining to candidate statements submitted to the voters at an election to be held on\nTuesday, March 5, 2024.

5. Approve Technical Corrections to the City of San Bernardino Residency Policy for\nElected Officials and Candidates for Elected Office p. 57\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution 2023­140, Adopting an Amended Residency Policy for Elected Officials\nand Candidates for Elected Office.

7. Adoption of Ordinance No. MC­1617 for CFD No. 2019­1 (Maintenance Services),\nAnnexation No. 35 (Ward 2) p. 103\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Ordinance No. MC­1617 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).

8. Adoption of Ordinance No. MC­1618 for CFD No. 2019­1 (Maintenance Services)\n(Annexation 36) (Ward 6) p. 113\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Ordinance No. MC­1618 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).

9. Approve the Professional Services Agreement for Security Services and Issuance of\na Purchase Order to Redwood Private Security, LP., for FY 2023/24 (Ward 1) p. 123\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2023­141 of the Mayor and City Council of the City of San Bernardino,\nCalifornia:\n1. Authorize the City Manager to execute the Professional Services Agreement for\nSecurity Services between the City of San Bernardino and Redwood Private Security,\nLP; and\n2. Authorize the Agency Director of Administrative Services to amend the FY 2023/24\nBudget by appropriating $80,000 from the General Fund to the Community Economic\nDevelopment Department Professional / Contractual Fund to provide funding for the\nProfessional Services Agreement; and\n3. Authorize the Agency Director of Administrative Services to issue a purchase order to\nRedwood Private Security, LP.