San Bernardino — 2024-04-17

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION p.13\n(Pursuant to Government Code Section 54956.9(a) and (d)(1):\ni. Henry Perez v. City of San Bernardino, San Bernardino Superior Court Case\nNo. CIVSB2225127\nii. Jackie Aboud v. John Valdivia, San Bernardino Superior Court Case No.\nCIVDS2013562\niii. Karen Cervantes v. John Valdivia, San Bernardino Superior Court Case No.\nCIVDS2012538\niv. Mirna Cisneros v. John Valdivia, San Bernardino Superior Court Case No.\nCIVDS2012926\nv. Brian Pellis, et al. v. City of San Bernardino, San Bernardino Superior Court\nCase No. CIVSB22267331\nvi. Arnold Mathias v. City of San Bernardino, Workers’ Compensation Case Nos.\nADJ13324852, ADJ11173952, ADJ10646820, and ADJ8614146\n5:00 P.M.

1. Downtown Advisory Committee Appointment of Casey A. Dailey (Ward 1) p.14

10. Discuss and Provide Direction on Whether to Pursue Censure of Council Member\nKimberly Calvin p.545\nRecommendation:\nIt is recommended that the Mayor and City Council, of the City of San Bernardino, California,\ndiscuss 1) whether to and the process for adopting a Resolution of Censure concerning\nCouncil Member Kimberly Calvin’s alleged misconduct involving violations of policy, law and\nfiduciary duty; 2) whether to engage outside legal counsel and provide direction to staff and\nwhether to appoint an ad hoc committee to schedule a hearing and consideration of final\nResolution of Censure.

11. Adopt an Urgency Ordinance Restricting Truck Traffic on Certain Roadway\nSegments Within the City Limits. p.548\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino,\nCalifornia, Adopt Urgency Ordinance No. MC-1635, amending Section 10.24.190 of the City\nof San Bernardino Municipal Code to restrict Commercial Vehicles with a gross vehicle\nweight rating exceeding 30,000 pounds on certain segments of City roads, specifically\nUniversity Parkway (State Street) from the eastern off ramp of Interstate 210 to Baseline\nRoad; and Pepper Avenue from Ninth Street to Randall Avenue.

12. City Manager’s Preliminary Proposed Biennial FY 2024/25 and FY 2025/26 Operating\nand Capital Budget p.563\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino receive\nand file the City Manager’s proposed budget presentation for the FY 2024/25 and FY\n2025/26 Operating and Capital Budget.

13. Review and Consider Positions Recommended by Members of the Council During\nthe Mid-Year Budget Review, and Additional Positions Recommended by the City\nManager p.624\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2024-066 of the Mayor and City Council of San Bernardino, review,\nand consider the additional positions proposed at the Mid-Year Budget review and\n1. Add the eight (8) positions as proposed by the Mayor and City Council and outlined in\nthis staff report; and\n2. Add the additional twelve (12) positions proposed by the City Manager as outlined in\nthis staff report.\nCONSENT CALENDAR

14. Authorize and Appropriate Funding for Animal Services for the preparation of the\nRegional Partnership Agreements p.633\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino California,\nadopt Resolution No. 2024­067;\n1. Authorizing the Director of Finance & Management Services to approve the\nallocation of $4,000,000. from the General Fund and to appropriate the funds to\nmake the necessary upgrades to the Animal Services facility; and\n2. Authorizing the Director of Finance & Management Services to amend the Fiscal\nYear 2023-2027 Capital Improvement Project Program to add the Animal\nServices Regional Partnership Facility Improvement Project.

15. Response to Grand Jury Report p.645\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nreview and approve the response to the County of San Bernardino Civil Grand Jury Report,\ntitled “Who Let the Dogs Out? A Tail in Two Cities”, released in December 2023.

16. Certifying Results of the Primary Municipal Election held on March 5, 2024 p.679\nRecommendation:\nAdopt Resolution No. 2024-077 of the Mayor and City Council of the City of San Bernardino,\nCalifornia, reciting the facts of the Primary Municipal Election held on March 5, 2024,\ncertifying the election results and such other matters as provided by law.

17. Resolution Declaring Intent to Annex Territory: Community Facilities District No.\n2019-1 (Maintenance Services): Annexation No. 45, Tax Zone No. 45 (GWS #8) (Ward\n3) p.689\nRecommendation:\nIt is recommended that the Mayor and City Council of San Bernardino, California, adopt\nResolution No. 2024-070 of the Mayor and City Council of San Bernardino, California,\ndeclaring its intention to annex territory into Community Facilities District No. 2019-1\n(Maintenance Services) of the City of San Bernardino, adopting a map of the area to be\nproposed (Annexation No. 45); and authorizing the levy of a special taxes therein.

18. Adoption of Ordinance No. MC-1634 (Annexation 37) (Ward 3) p.731\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Ordinance No. MC-1634 amending Ordinance No. MC-1522 and levying special taxes\nto be collected during Fiscal Year 2023-2024 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. 2019-1 (Maintenance Services).

19. Resolution Declaring Intent to Annex Territory: Community Facilities District No.\n2019-1 (Maintenance Services): Annexation No. 44, Tax Zone No. 44 (Everhome\nSuites) (Ward 3) p.741\nRecommendation:\nIt is recommended that the Mayor and City Council of San Bernardino, California, adopt\nResolution No. 2024-069 of the Mayor and City Council of San Bernardino, California,\ndeclaring its intention to annex territory into Community Facilities District No. 2019-1\n(Maintenance Services) of the City of San Bernardino, adopting a map of the area proposed\n(Annexation No. 44) and authorizing the levy of special taxes therein.

2. General Plan Advisory Committee Appointment of Casey A. Dailey (Ward 1) p.29

20. Resolution Declaring Intent to Annex Territory: Community Facilities District No.\n2019-1 (Maintenance Services): Annexation No. 43, Tax Zone No. 43 (Quick Quack\n5th and G) (Ward 1) p.782\nRecommendation:\nIt is recommended that the Mayor and City Council of San Bernardino, California, adopt\nResolution No. 2024-068 of the Mayor and City Council of San Bernardino, California,\ndeclaring its intention to annex territory into Community Facilities District No. 2019-1\n(Maintenance Services) of the City of San Bernardino, adopting a map of the area proposed\n(Annexation No. 43); and authorizing the levy of special taxes therein.

21. Approval of Commercial and Payroll Disbursements (All Wards) p.823\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California\napprove the commercial and payroll disbursements for March 2024.

22. Designation of the City of San Bernardino Authorized Agents for the State of\nCalifornia Governor’s Office of Emergency Services (CalOES) p.909\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino California,\nadopt Resolution No. 2024-071, designating that the following positions are authorized to\nexecute for and on behalf of the City of San Bernardino, a public entity established under the\nlaws of the State of California, the grant applications for CalOES.\n1. The Deputy City Manager, or\n2. The Director of Finance and Management Services, or\n3. The Deputy Director of Finance, or\n4. The Grants Division Manager, or\n5. The Chief of Police

23. Side Letter Agreement with San Bernardino Police Management Association\nRegarding 401 (a) Plan Contributions p.916\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2024-072, authorizing the City Manager to execute a side letter\nagreement with the San Bernardino Police Management Association regarding 401 (a) plan\ncontributions and other language updates.

24. Adopt Resolution Approving Job Classifications and Amending the City-wide Salary\nSchedule p.928\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2024-073:\n1. Amending the Administrative Analyst classification job series;\n2. Establishing the Land Development Engineer job classification;\n3. Amending the City-Wide Salary Schedule for full time, part-time, temporary, and\nseasonal positions

25. Award of Construction Agreement for Police Department HVAC Control System and\nValve Replacement (Ward 1) p.945\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2024-074:\n1. Approve the award of an Agreement with Western Allied Corporation in the\namount of $325,550 for Police Department HVAC Control System and Valve\nReplacement (Project);\n2. Authorize the project construction and construction contingencies costs in the\ntotal amount of $ $358,105 for construction of the Project;\n3. Authorize the City Manager or designee to execute all documents with\nWestern Allied Corporation;\n4. Authorize the Director of Finance and Management Services to amend the FY\n2023/24 CIP budget with an additional $15,000 from the Law Enforcement\nFacilities Fund balance to bring the total project budget to $365,000; and\n5. Authorize the City Manager or designee to expend the contingency fund, if\nnecessary, to complete the project.

26. Approve Contract Amendment No.4 with Kabbara Engineering for the Pepper\nAvenue Rehabilitation Project (Wards 3, 6) p.1001\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nauthorize the execution of Amendment No. 4 to the Professional Services Agreement with\nKabbara Engineering in the amount of $10,000, for additional construction engineering\nsupport services, for a total contract amount of $265,531 for Pepper Avenue Rehabilitation\nProject.

27. Purchase of Police Vehicles (All Wards) p.1024\nRecommendation:\nIt is recommended the Mayor and City Council of the City of San Bernardino, California,\nauthorize:\n1. The City Manager to execute a Goods Purchase Agreement with Fairview Ford for\nthe purchase of Police Vehicles, and\n2. The Director of Finance and Management Services to issue a purchase order to\nFairview Ford Sales, not to exceed $810,000.

28. Acceptance of Fiscal Year 2022 Emergency Management Performance Grant (All\nWards) p.1108\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California,\nadopt Resolution No. 2024-076, authorizing:\n1. The acceptance of the Fiscal Year 2022 Emergency Management Performance\nGrant; and\n2. The amendment of the Fiscal Year 2023/2024 Adopted Budget in both revenue and\nexpenditures by $40,866.\nMAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

3. Measure S Citizens Oversight Committee Appointment of Casey A. Dailey (Ward\n1) p.39

4. Planning Commission Appointment of Casey A. Dailey (Ward 1) p.48\nPRESENTATIONS

5. April 2024 Citizen(s) of the Month Darnetta Smith, Claudia Cuevas, Vee Galvez\nTellez, Spirit of Texas BBQ, Janice Robinson, and Ben Gutierrez p.57

6. Proclamation for Child Abuse Prevention Month in the City of San Bernardino – April\n2024 (All Wards) p.64

7. Proclamation of National Therapy Animal Day in the City of San Bernardino – April 30,\n2024 (All Wards) p.66\nCITY MANAGER UPDATE\nPUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA\nPUBLIC HEARING

8. Proposed Substantial Amendment to Fiscal Years 2023-2024 and 2020-2021 Annual\nAction Plan Associated with Community Development Block Grant and Community\nDevelopment Block Grant (All Wards) p.68\nRecommendation:\nIt is recommended that the Mayor and City Council of The City of San Bernardino,\nCalifornia:\n1. Conduct a Public Hearing to obtain citizens’ comments on the proposed\nSubstantial Amendments to 2023-2024 and 2020-2021 Annual Action Plans for\nthe Community Development Block Grant; and\n2. Approve the Substantial Amendments to Fiscal Year 2023-2024 and 2020-2021\nAnnual Action Plans for the Community Development Block Grant; and\n3. Adopt Resolution 2024-075, approving the draft Substantial amendment to the\nhousing and urban development fiscal year 2023-2024 and 2020-2021\nCommunity development block grant annual action plan; and\n4. Authorize the Director of Finance and Management Services to adjust the Fiscal\nYear 2023-2024 Budget Appropriation pursuant to the Substantial Amendment\n2023­2024 and 2020­2021 Action Plans; and\n5. Authorize The City Manager or designee to take any further actions and execute\nany further agreements or documents as necessary to effectuate the submittal of\nthe Proposed Substantial Amendments to Fiscal Year 2023-2024 and 2020-2021\nAnnual Action Plans.

9. Conduct a Public Hearing and Introduce Ordinance No. MC-1636: Development\nCode Amendment 24-02 (Emergency Shelter Overlay) p.508\nRecommendation:\nIt is recommended that the Mayor and City Council of the City of San Bernardino, California:\n1. Introduce for first reading, read by title only, and waive further reading of Ordinance\nNo. MC-1636 of the Mayor and City Council of the City of San Bernardino, California,\napproving Development Code Amendment 24-02 amending the following Sections\nand table:\n(i) Section 19.02.50 (Basic Provisions - Definitions)\n(ii)Section 19.06.020;\n(iii) Table 06.01 (Commercial Zones - Development Permitted and\nConditionally Permitted Uses);\n(iv) Section 19.08.020;\n(v) Table 08.01 (Industrial Zones - Development Permitted and\nConditionally Permitted Uses); and\n(vi) Chapter 19.10-E (Emergency Shelter Overlay) of the City of San\nBernardino Development Code (SBMC Title 19) in order to update the\ndevelopment standards for Emergency Shelters in compliance with state law;\nand finding that Development Code Amendment 24-02 is exempt from\nreview under the California Environmental Quality Act; and\n2. Conduct the Public Hearing; and\n3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of\nthe Mayor and City Council on May 1st, 2024.\nDISCUSSION