San Bernardino — 2023-10-02

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to\nGovernment Code Section 54956.9(a) and (d)(1):\ni. Alliance for Constitutional Sex Offense Law, Inc; and John Doe v.\nCity of San Bernardino, San Bernardino Superior Court Case No.\nCIVSB2308625B)

B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION\nSignificant exposure to litigation (Pursuant to Government Code Section\n54956.9(d)(2)): One Item

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

D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to\nGovernment Code Section 54956.8\nProperty: 300 North E Street\nParcel Map 688, Parcel 12 Book 25 Page 47 Parcel Map\n688 Parcel No. 12 formally known as City PTN Blk 12 and PTN 3rd St VAC\nCity Negotiator: City Manager or Designee\nNegotiating Parties: El Corte Ingles\nUnder Negotiations: Price and Terms of Exclusive Negotiating Agreement

1. October 2023 Citizen of the Month – Manal Iskander, Greenshack – 2nd Ward\np. 15

10. Settlement Agreement of Escrow Account Funds with Los Angeles Engineering\np. 80\nRecommendation:\nIt is recommended that the Mayor and City Council of San Bernardino, California:\n1. Approve the Settlement Agreement of Escrow Account Funds jointly held\nwith Los Angeles Engineering, a California Corporation; and\n2. Authorize the City Manager, or designee, to execute the Settlement\nAgreement, receive the funds, and close the escrow account.

12. Senior Human Resources/Risk Analyst Classification Title Change p. 119\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia, Adopt Resolution 2023-147:\n1. Updating the Senior Human Resources/Risk Analyst classification title to\nSupervising Human Resources Analyst; and\n2. Amending the City-wide salary schedule for full-time, part-time, temporary,\nand seasonal positions.

13. Library Literacy Program Grant Funding (All Wards) p. 133\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia adopt Resolution No. 2023-148 approving:\n1. Accepting grant funding in the amounts of $99,287 from the California\nDepartment of Education; $60,719 for Adult Literacy Services, $20,615 for\nFamily Literacy Services and $43,642 for English as a Second Language from\nthe California State Library for Literacy Program services\n2. Authorizing the Agency Director of Administrative Services to amend the FY\n2023/24 budget for the Literacy Program, which includes: appropriating\n$43,642 in both revenues and expenditures for the English as a Second\nLanguage Program and adjusting the grant fund budgets for the California\nDepartment of Education, Adult Literacy Services, and Family Literacy\nServices grants to account for any differences in the estimated grant funding\nversus the actual grant funds received.

14. Library Revenue and Expense Budget (All Wards) p. 220\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia adopt Resolution No. 2023-149 approving:\n1. Accepting funding of $10,400.00 from the Inland Library System, $215.85\nfrom the New Hope Missionary Baptist Church and $163.00 from San\nBernardino Emblem Club No. 178.\n2. Authorizing the Agency Director of Administrative Services to amend the FY\n2023/24 Adopted Budget for the Library including $10,778.85 in both revenues\nand expenditures.

15. Older Californians Nutrition Program Grant Award FY 2023/24 and Related\nPurchase Orders p. 266\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia adopt Resolution No. 2023-150 authorizing:\n1. City Manager or designee to accept the San Bernardino County Department\nof Aging and Adult Services – Public Guardian Grant Award in the amount of\n$376,667;\n2. Agency Director of Administrative Services, or designee, to appropriate the\ngrant funds to the FY 23/24 operating budget;\n3. Agency Director of Administrative Services, or designee, to approve\npurchase orders for continued operation of the Senior Nutrition Program for the\nperiod of July 1, 2023, through June 30, 2024 as follows:\nSysco Foods: $183,500\nHollandia Dairy: $23,500\nConsulting Health Nutrition Services, Inc.:\n$17,000\n4. Agency Director of Administrative Services, or designee, to amend the\noperating budget for Senior Nutrition to $105,000, including an additional\n$20,000 to ensure the needs of the program are met.

16. 2023/2024 Senior Companion Program (SCP) – 3rd Year of a 3-Year Grant Award\n(All Wards) p. 324\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia adopt Resolution No. 2023-151,\n1. Accepting the Senior Companion Program grant award in the amount of\n$332,662, and\n2. Authorizing the Agency Director of Administrative Services, or designee, to\nappropriate the grant funds for the period of July 1, 2023, through June 30,\n2024.

17. Accept 2022 Urban Areas Security Initiative (UASI) Grant (All Wards) p. 357\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia, adopt Resolution No. 2023-152 authorizing:\n1. The City Manager to accept the FY2022 Urban Areas Security Initiative\nGrant funds; and\n2. The Agency Director of Administrative Services to amend the Fiscal Year\n2023/24 Adopted Budget by $100,000 in both revenue and expenditures.

18. Accept California Office of Traffic Safety Grant Award (24-004883) (All Wards)\np. 384\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia, adopt Resolution No. 2023-153 authorizing:\n1. The City Manager to accept and administer the FY 2023/24 California Office\nof Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant;\nand\n2. The Agency Director of Administrative Services to amend the FY 2023/24\nAdopted Budget by $567,000 in both revenue and expenditures.

19. Acceptance of FY 2023 Edward Byrne Justice Assistance Grant p. 407\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino\nCalifornia, adopt Resolution No. 2023-154, authorizing:\n1. The City Manager to accept the 2023 Edward Byrne Justice Assistance\nGrant; and\n2. The Agency Director of Administrative Services to amend the FY 2023/24\nAdopted Budget by $230,081 in both revenue and expenditures.

2. October 2023 Citizen of the Month – George’s Burgers – 2nd Ward p. 17

20. Five-Year Capital Improvement Plan FY 2023/24 to FY 2027/28 for Measure I\nLocal Expenditures (All Wards) p. 434\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia, adopt Resolution No. 2023-155 approving the Measure I Five-Year Capital\nImprovement Plan for Fiscal Year 2023/24 through Fiscal Year 2027/28 and Measure\nI Expenditure Strategy.

21. Contract Change Order Approval – 5th Street Senior Center Kitchen\nImprovements (Ward 1) p. 444\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia, adopt Resolution No. 2023-156:\n1. Authorizing the Agency Director of Administrative Services to record a\nbudget amendment from Measure S Fund balance to allocate an additional\n$69,183.27 to fund the required change order to complete the 5th Street\nSenior Center Kitchen Improvements (“Project”); and\n2. Approving the Construction Contract Change Order with Preferred General\nServices in the amount of $500,846.50 to provide improvements to the 5th\nStreet Senior Center Kitchen; and\n3. Authorizing the project construction and construction contingencies in the\ntotal amount of $520,573.30 for the 5th Street Senior Kitchen Improvements;\nand\n4. Authorizing the City Manager or designee to expend the contingency fund, if\nnecessary, to complete the project.

22. Adoption of Ordinance No. MC-1621 to Grant a Franchise to Southern California\nGas Company p.455\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia adopt Ordinance No. MC-1621, An Ordinance of the Mayor and City\nCouncil of the City of San Bernardino, California, granting to Southern California Gas\nCompany, a corporation, its successors and assigns, the right, privilege and franchise\nto lay and use pipes and appurtenances for transmitting and distributing gas for any\nall purposes under, along, across or upon the public streets, ways, alleys, and places,\nas the same now or may hereafter exist, within said municipality.\nDISCUSSION

23. Discussion of Crushing and Grinding Operations in the City, the Repeal of\nResolution 2020-265, and a Development Code Amendment Updating\nTemporary Use Permits p. 490\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia:\n1. Discuss the repeal of Resolution No. 2020 - 265;\n2. Discuss Development Code Amendment to Section 19.70.035 (B)\n(Development and Operational Standards for Temporary Use Permits – On-\nsite and Off-site Contractor’s Construction Yards); and\n3. Provide additional direction to staff regarding the topics discussed.\nPUBLIC HEARING

24. Approval of the Draft Fiscal Year 2022-2023 Consolidated Annual\nPerformance and Evaluation Report (CAPER) to the US Department of\nHousing and Urban Development (All Wards) p. 626\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia:\n1. Conduct a public hearing on the draft Fiscal Year 2022-2023 Consolidated\nAnnual Performance and Evaluation Report (FY22-23 CAPER); and\n2. Authorize its submission to the United States Department of Housing and\nUrban Development.\nMAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

3. October 2023 Citizen of the Month – Meiga Sushi – 2nd Ward p. 19

4. October 2023 Citizen of the Month – Omar Aguirre, Tacos Arandas – 2nd Ward\np. 21

5. October 2023 Citizen of the Month – Miyagi Sushi – 2nd Ward p. 23

6. Presentation of the City of San Bernardino Summer 2023 Youth Basketball All\nStar Participants p. 25

7. Recognition of Cal State San Bernardino University Baseball and Coach Mike\nNadeau on his accomplishment in leading the team to its first National\nCollegiate Athletic Association run and being named Coach of the Year p. 55\nPUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA\nCITY MANAGER UPDATE\nCONSENT CALENDAR

8. Adoption of the Strategic Initiatives (All Wards) p. 60\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia:\n1. Adopt Resolution No. 2023-144:\na. Approving and authorizing the Agency Director of Administrative\nServices to amend the City of San Bernardino’s FY 2023/24 Operating\nBudget totaling $6,636,293 with $1,610,693 in General Fund\nappropriations, $3,325,600 in General Fund Strategic Reserve\nappropriations, and $1,700,000 in General Fund Capital Contingency\nReserve appropriations; and\nb. Approving the allocation of $2,000,000 beginning FY 2026/27 to sustain\nhomelessness-related services; and\nc. Approving the creation of the Economic Development Department; and\nd. Directing staff to prepare and bring back a revised City salary schedule\nto include any new positions that are budgeted and the retitling of the\nAgency Directors.\n2. Approve prioritizing the ADA Master Plan (future phases), Storm Drain\nMaster Plan, and Facility/Building Management Master Plan as part of the\nbiennial budget process; and\n3. Direct staff to bring back Strategic Initiatives that require further Council\nreview and approval.

9. Adoption of Ordinance No. MC-1619 Amending Chapter 15.27 of the San\nBernardino Municipal Code, Regarding Rental Housing Program\nMaintenance Standards p. 70\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino:\nadopt Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino\nMunicipal Code, Regarding Rental Housing Program Maintenance Standards.