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HomeMy WebLinkAboutAnnotated Agenda 01-18-2023CITY OF SAN BERNARDINO ANNOTATED AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY WEDNESDAY, JANUARY 18, 2023 CLOSED SESSION 5:30 PM 7:00 PM – OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Edelia Eveland COUNCIL MEMBER, WARD 2 Assistant CITY MANAGER Juan Figueroa Sonia Carvalho Council Member, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha Mayor Pro-Tem, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org ANNOTATED AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JANUARY 18, 2023 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:35 PM by Mayor Helen Tran on Wednesday, January 18, 2023, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Mayor Pro-Tem, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present Helen Tran Mayor Present Edelia Eveland Assistant City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. CLOSED SESSION PUBLIC There were no public comments for closed session. COMMENT CLOSED SESSION A) Closed Session Recommendation: CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i) Mark Bender Sr., individually and as Successor in Interest to Mark Bender Jr. v. City of San Bernardino, United States District Court Case No. 5:21-CV-01006-JGB-SP ii) The Estate of Rob Marquise Adams, by and through its Personal Representatives, Tamika King, et al. v. City of San Bernardino, United States District Court Case No. 5:22-cv- 02206-JGB-SP 7:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Reginald Young, of the SB Pastors United lead the invocation. Mayor Tran asked her daughter Holly Tran to lead the Pledge of Allegiance. CLOSED SESSION REPORT City Attorney Sonia Carvalho stated there were two matters discussed, as noted in the agenda but no reportable action. CITY MANAGER UPDATE At this time, Assistant City Manager Edelia Eveland provided city-wide updates. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. PRESENTATIONS 1. Presentation by Big Brothers Big Sisters of Orange County and the Inland Empire Celebrating National Mentoring Month 2. January 2023 Citizen of the Month – Wade Forde, Lead Pastor, San Bernardino 16th Street Seventh­day Adventist Church PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard. Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 3 DISCUSSION 3. Short Term Vacation Rentals in San Bernardino Recommendation: It is recommended that the Mayor and City Council: Receive and file an update on the status of short-term vacation rentals in the City; Consider three options to address short-term vacation rental issue throughout the City; and Select Option No. 2 and direct staff to develop a regulatory scheme for short-term vacation rentals within the City’s residential districts. RESULT: APPROVED THE STAFF RECOMMENDATION OPTION NO. 2, WITH THE ADDITIONAL REQUEST TO BAN GUEST PARKING ON THE STREET, PROHIBIT RENTALS IN FIRE RATED AREAS, AND SET A 3­4 NIGHT MINIMUM STAY [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 4. Nominations and Appointments to Various Regional Boards and Associations (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors; 2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors; 3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors; 4. Appoint one Member and one Alternate to the Omnitrans Board of Directors; 5. Appoint one Member and one Alternate to the Interagency Council on Homelessness; 6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly; 7. Receive and file the Mayor’s selection of Juan Figueroa, Fred Shorett, Ben Reynoso, Kimberly Calvin, and Damon Alexander to vote in the Southern California Association of Governments Regional Council District 7 Election. RESULT: APPROVED THE MAYOR’S SELECTION OF APPOINTMENT’S FOR VARIOUS REGIONAL BOARDS [6­1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Ben Reynoso Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 4 5.Adoption of Resolution No. 2023­019 Appointing an Interim City Manager and approving an employment agreement.Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino,California, adopt Resolution No. 2023-019 appointing an Interim City Managerand approving an employment agreement. Note: The candidate is anticipated to beselected by the Mayor and City Council in advance of the City Council Meeting held on January 18, 2023. RESULT: APPROVED THE APPOINTMENT OF CHARLES E. MCNEELY AS INTERIM CITY MANAGER [7­0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Supplemental documents had been provided to the Mayor and City Council, posted online, and copies printed for the public. PUBLIC HEARINGS 6.Adopt New Purchasing Policy and Introduce Ordinance No. MC­1605 amending Section 3.04 of the Municipal Code. (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: Introduce, read by title only, and waive further reading of Ordinance No. MC-1605 amending Section 3.04 of the Municipal Code of the City of San Bernardino, California, and Adopt Resolution 2022-246 adopting the Purchasing Policy for the City of San Bernardino. RESULT: APPROVED THE STAFF RECOMMENDATION WITH A MINOR CHANGE TO 3.04.040B REPLACING DESIGNEE WITH “THE ASSISTANT CITY MANAGER WITH PRIOR WRITTEN AUTHORIZATION FROM THE CITY MANAGER IN THE CITY MANAGER’S ABSENCE” [4­2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Shorett, Calvin, Alexander NOES: Sandra Ibarra, Ben Reynoso ABSENT: Juan Figueroa City Clerk Genoveva Rocha made an announcement for the record that the resolution number printed in the agenda was inaccurate and should be Resolution No. 2023-020. Mayor Tran opened the public hearing. Agency Director of Administrative Services Barbara Whitehorn provided a presentation. Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 5 There was one public speaker, Treasure Ortiz. The public hearing was closed at 10:18 p.m. 7. Public Hearing on Annexation No. 28 to Community Facilities District 2019­1 (Ward 5) RECOMMENDATION: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Hold a Public Hearing; and 2.Adopt Resolution No. 2023-001 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 28); and 3.Hold a special landowner election and canvas the election; and 4.Adopt Resolution No. 2023-002 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1(Maintenance Services) (Annexation No. 28); and 5.Introduce, read by title only, and waive further reading of Ordinance No. MC- 1608 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6.Schedule the adoption of Ordinance No. MC-1608 for February 1, 2023. Mayor Tran opened the public hearing. No staff presentation was requested. There were no public speakers or requests to speak. There were no protests received. The public hearing was closed 10:24 p.m. RESULT: ADOPTED RESOLUTION NO. 2023­001 [5­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Calvin, Alexander NOES: Ben Reynoso ABSENT: Juan Figueroa Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 6 RESULT: ADOPTED RESOLUTION NO. 2023­002 [5­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Calvin, Alexander NOES: Ben Reynoso ABSENT: Juan Figueroa RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC 1608 APPROVED [5­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Calvin, Alexander NOES: Ben Reynoso ABSENT: Juan Figueroa 8. Public Hearing on Annexation No. 29 to Community Facilities District 2019­1 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Hold a Public Hearing; and 2.Adopt Resolution No. 2023-004 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 29); and 3.Hold a special landowner election and canvass the election; and 4.Adopt Resolution No. 2023-005 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 29); and 5.Introduce, read by title only, and waive further reading of Ordinance No. MC- 1609 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6.Schedule the adoption of Ordinance No. MC-1609 for February 1, 2023. Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 7 RESULT: ITEM CONTINUED BY STAFF 9. Public Hearing on Annexation No. 30 to Community Facilities District 2019­1 (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2023-006 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 30); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2023-007 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 30); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1610 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1610 for February 1, 2023. Mayor Tran opened the public hearing. No staff presentation was requested. There were no public speakers or requests to speak. There were no protests received. The public hearing was closed 10:29 p.m. RESULT: ADOPTED RESOLUTION NO. 2023­006 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 8 RESULT: ADOPTED RESOLUTION NO. 2023­007 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC­1610 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 10. Public Hearing on Annexation No. 32 to Community Facilities District 2019­1 (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2023-008 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 32); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2023-009 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 32); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC1611 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1611 for February 1, 2023. Mayor Tran opened the public hearing. No staff presentation was requested. There was one public speakers or requests to speak by Delores Armstead. Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 9 There were no written protests. The public hearing was closed 10:34 p.m. RESULT: ADOPTED RESOLUTION NO. 2023­008 [5­2] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Ben Reynoso, Kimberly Calvin RESULT: ADOPTED RESOLUTION NO. 2023­009 [6­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Ben Reynoso, RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO.MC­1611 [6­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Ben Reynoso CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR. PULLED ITEMS NO. 20 AND NO. 28 FOR DISCUSSION. COUNCILMEMBER REYNOSO REGISTERED A “NO” VOTE FOR ITEMS NO. 24 AND NO. 25 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 11. Approving the Revised City­Wide Records Retention Policy and Schedule Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2023-010, establishing a revised Records Retention Policy and Schedules. Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 12. Infill Housing Master Development Agreement with Neighborhood Partnership Housing Services (NPHS) San Bernardino Developments, LLC (Wards 2 & 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-011 authorizing the execution of the Infill Housing Development Master Agreement between the City of San Bernardino and NPHS San Bernardino Developments, LLC to construct or reconstruct infill housing on blighted or underutilized sites and sell those properties to households whose income does not exceed 80% of the area median income. 2. Authorize the City Manager, or designee, to take further actions and execute any further documents as necessary to effectuate the agreements. RESULT: APPROVED (7­0) MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 13. Adoption of Ordinance No. MC­1603 ­ Belmont Residential Subdivision Project (Ward 5) Recommendation It is recommended that the Mayor and City Council of San Bernardino, California, adopt Ordinance No. MC-1603 approving Development Code Amendment (Zoning Map Amendment) 21-05 changing the Zoning District Classification of a parcel (APN: 0261-151-10) containing approximately 6.10 acres from Residential Low (RL) to Residential Suburban (RS), pursuant to a Mitigated Negative Declaration (Attachment 1). RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 14. First Amendment to the Exclusive Negotiating Agreement (ENA) between the City of San Bernardino and the Richman Group, LLC (Ward 1) Recommendation: Authorize the execution of First Amendment to the Exclusive Negotiating Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 11 Agreement between the City of San Bernardino and the Richman Group, LLC. Authorize the City Manager, or designee, to take further actions and execute any further documents as necessary to effectuate the First Amendment to the Exclusive Negotiating Agreement. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 15. City Board, Commission, and Citizen Advisory Committee Minutes Approved in November/December 2022 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in November and December 2022. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 16. Investment Portfolio Report for October and November 2022 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for October and November 2022. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 17. Administrative Budget Transfers Report Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file all listed administrative budget amendments from July 1, 2022, through December 15, 2022. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 12 18. Ratify and Approve Acceptance of Award from The California Public Utilities Commission for Local Agency Technical Assistance Grant Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Ratify and approve the acceptance of an award from the California Public Utilities Commission (CPUC) for the Local Agency Technical Assistance (LATA) Grant in the amount of $425,256.14 for 24 months, and 2.Adopt Resolution No. 2023-012 amending the General Fund 2022/23 Budget in the amount of $425,256.14 in both revenue and expenditures. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 19. Basic Compensation Plan for Temporary, Part­Time and Seasonal Employees of the City of San Bernardino (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-013 approving a revised City-wide salary schedule for all full- time, part-time, temporary, and seasonal positions. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 20. Amendment to Professional Services Agreements for Legal Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or designee to execute: 1.The First Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont for representation in the Tammy Bender v. City of San Bernardino, et al. U.S. District Court Case No. 5:21-CV-01459-CBM-SP; 2.The Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Rudd and Romo for representation in the Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337; 3.The Second Amendment to the Professional Services Agreement with Stream, Kim, Hicks, Wrage and Alfaro for representation in the Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337 Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 13 RESULT: APPROVED [6­0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander RECUSED: Sandra Ibarra Councilmember Ibarra recused herself due to a conflict of interest involving her legal case. 21. Agreements with Kaiser Permanente for Pre­employment and Occupational Medical Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute: 1. A professional services agreement with Kaiser Permanente for pre-employment screening services. 2. A professional services agreement with Kaiser Permanente for occupational medical services. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 22. Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-014 to accept and allocate additional grant funds for the Senior Nutrition Program from the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program in the amount of $304,846. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 14 23. Accept the Tobacco Grant Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-015 authorizing: 1.The City Manager or designee to accept the FY 2022/23 Department of Justice Tobacco Grant. 2.The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $1,097,375 in both revenue and expenditures. 3.The Police Department to increase the approved staffing appropriately RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 24. Off­Road Police Vehicles Goods Purchasing Agreement Report Recommendation It is recommended that of the Mayor and City Council of the City of San Bernardino, California, authorize: 1. The City Manager or his/her designee to enter into an agreement with Malcolm Smith Motorsports to purchase two off-road police vehicles in accordance with the Goods Purchasing Agreement. 2. The Agency Director of Administrative Services to issue a purchase order to Malcolm Smith Motorsports in an amount not to exceed $98,889.70. RESULT: APPROVED [6­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Ben Reynoso 25. Purchase of Night Vision Goggles Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize: 1. The City Manager or designee to sign and execute a purchase agreement with NightOps Tactical Incorporated; 2. The Agency Director of Administrative Services to issue a purchase order in the amount of $337,623 to NightOps Tactical Incorporated. Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 15 RESULT: APPROVED [6­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Ben Reynoso 26. Purchase of Tactical Vests Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize: 1. The City Manager or designee to sign and execute a purchase agreement with Aardvark. 2. The Agency Director of Administrative Services to issue a purchase order in the amount of $70,000 to Aardvark. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 27. Professional Services Agreement for Focused Drainage Study for Meyers Creek Drainage System Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Professional Services Agreement with Q3 Consulting to prepare the Focused Drainage Study for Meyers Creek Drainage System and authorize the City Manager, or designee, to sign and execute the agreement. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 28. Award a Professional Services Agreement for a Parks Master Plan Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-016 to: 1. Approve the award of a Professional Services Agreement with Next Practice Partners, LLC to prepare the City of San Bernardino Parks Master Plan in the amount of $997,400; and 2. Authorize the Agency Director of Administrative Services to amend the FY 2022/23 CIP budget and appropriate funding from the FY 2023/24 adopted CIP Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 16 budget in the amount of $750,000 through Measure S Fund to complete the Project; and 3. Authorize the City Manager, or designee, to sign and execute the agreement. RESULT: APPROVED [6­0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 29. Adoption of Ordinance MC­1606 (Ward 4) Recommendation Adopt Ordinance No. MC-1606 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 30. Adoption of Ordinance No. MC­1607 (Ward 1) Recommendation Adopt Ordinance No. MC-1607 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to C ity of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 17 31. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 31, Tax Zone No. 32 (Rancho Ave.) (Ward 3) Recommendation Adopt Resolution No. 2023-017 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 31) and authorizing the levy of a special taxes therein. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 32. License Agreement with DP Industrial Parkway, LLC Recommendation It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-018: 1. Authorizing a License Agreement with DP Industrial Parkway, LLC, a Delaware limited liability company, for the construction of improvements that include a driveway, block wall, trailer parking, and paving located at 5770 Industrial Parkway, San Bernardino, California; and 2. Directing the City Manager or designee to execute the Agreement; and 3. Finding that the project is covered by the mitigated negative declaration previously approved for the 5770 Industrial Parkway project pursuant to the California Environmental Quality Act. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS Regular Meeting Agenda January 18, 2023 Mayor and City Council of the City of San Bernardino Page 18 33. Recognized Partnership with Casa Ramona (Ward 1) – Council Member Sanchez RESULT: AMENDED THE MOTION TO RECOGNIZE A PARTNERSHIP WITH CASA RAMONA AND HOME AND NEIGHBORHLY SERVICES FOR CONSIDERATION AT A FUTURE MEETING [6­0] MOVER: Theodore Sanchez, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 34. Initiate a Request for Proposal seeking a consultant to prepare a feasibility study for installing bike lanes and crosswalk improvements in Downtown (Wards 1, 3) ­ Council Member Reynoso RESULT: AMENDED THE MOTION FOR STAFF TO PREPARE A FEASIBILITY STUDY FOR INSTALLING BIKE LANES FOR CONSIDERATION AT A FUTURE MEETING [6­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSTAIN: Sandra Ibarra 35. Direct staff to work with the Mayor and City Council to evaluate and determine the appropriate staffing levels in the Office of the Mayor and the City Council Office (All Wards) – Council Member Alexander RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, January 18, 2023, at 11:02 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, February 1, 2023, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Genoveva Rocha, CMC