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Home My WebLink AboutAnnotated Agenda 06-05-2024CITY 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, JUNE 5, 2024 4:00 PM CLOSED SESSION 5:00 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 Rochelle Clayton COUNCIL MEMBER, WARD 2 Acting 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, JUNE 5, 2024 4:00 PM Closed Session was called to order at 4:04 PM by Mayor Helen Tran on Wednesday, June 5, 2024, 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 Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, 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 Via Zoom for Closed Session Helen Tran Mayor Present Rochelle Clayton Acting City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Absent Telicia Lopez Chief Deputy 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 Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 2 4:00 P.M. CLOSED SESSION PUBLIC COMMENT At this time public comments for Closed Session were heard. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(d)(1): i. Maliya Guercy v. City of San Bernardino, et al., San Bernardino Superior Court, Case No. CIVSB2305758 ii. Timothy EmonMoran v. City of San Bernardino, Workers’ Compensation Appeals Board, Case No. ADJ12785217 iii. Hanna Gaby Isidoro Oropeza v. City of San Bernardino, San Bernardino Superior Court, Case No. CIVSB2224327 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Lutheran Social Services Site, 1354 N. G Street, San Bernardino, CA 92405 (APN 014519307, 08, 10, and 22) Agency Negotiator: City Manager, or designee Negotiating Parties: Lutheran Social Services Under Negotiation: Price and Terms of Easement C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim No. GHC0065668 D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Acting City Manager (Acting City Manager Initiated Goal Setting Process) E. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One case 5:00 P.M. The Regular Meeting was called to order at 5:33 PM by Mayor Tran on Wednesday, June 5, 2024, at Feldheym Central Library, San Bernardino, CA. Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Absent Kimberly Calvin Council Member, Ward 6 Present Damon L. Alexander Council Member, Ward 7 Present 5:48 p.m. Helen Tran Mayor Present Rochelle Clayton Acting City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Telicia Lopez Chief Deputy City Clerk Present Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 3 PUBLIC HEARINGS INVOCATION AND PLEDGE OF ALLEGIANCE Chaplain Joseph Paul Lujan of Victory Outreach Church led the invocation, and Mayor Pro Tem Fred Shorett led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho stated there was reportable action from Closed Session. The City Council voted unanimously to approve a settlement agreement for item A(i) for Maliya Guercy in the amount of $75,000. The City Council also voted unanimously to approve a settlement agreement for item A(iii) for Isidoro Oropeza in the amount of $50,000.00. PRESENTATIONS 1. Presentation of Tree City USA Designation for the City of San Bernardino 2023 (All Wards) Mayor Tran presented the designation to the Urban Forestry Service - Matt McDonald, Public Works Director- Lynn Merrill, and Deputy Director- Ernesto Salinas and various Public Works staff. 2. Proclamation for Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) Pride Month in the City of San Bernardino – June 2024 (All Wards) Mayor Tran presented the Proclamation to Oscar Lobos, Project Manager of the Family Assistance Program. 3. Public Hearing on Annexation No. 43 to Community Facilities District 2019-1 (Ward 1) 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. 2024-112 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. 43); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2024-113 of the Mayor and City Council of the City of San Bernardino, Californi a, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 43); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1638 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 2023-2024 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 Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 4 to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1638 for July 17, 2024. Mayor Tran opened the public hearing at 5:43 PM. The Mayor and City Council did not request to hear the staff report. City Clerk Rocha reported there were no requests to speak and zero written protests. The public hearing was closed at 5:45 PM. RESULT: APPROVED RESOLUTION NO. 2024-112 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso, Damon Alexander RESULT: APPROVED RESOLUTION NO. 2024-113 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso, Damon Alexander RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1638 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso, Damon Alexander Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 5 4. Public Hearing on Annexation No. 44 to Community Facilities District 2019-1 (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. 2024-114 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. 44); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2024-115 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. 44); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1639 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 2023-2024 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-1639 for July 17, 2024. Mayor Tran opened the public hearing at 5:47 PM. The Mayor and City Council did not request to hear the staff report. City Clerk Rocha reported there were no requests to speak and zero written protests. The public hearing was closed at 5:48 PM. Council Member Alexander arrived at 5:48 p.m. and was present for the vote on Ordinance MC-1639 RESULT: APPROVED RESOLUTION NO. 2024-114 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso, Damon Alexander Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED RESOLUTION NO. 2024-115 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso, Damon Alexander RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1639 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 5. Public Hearing on Annexation No. 45 to Community Facilities District 2019-1 (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. 2024-116 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. 45); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2024-117 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. 45); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1640 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 2023-2024 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-1640 for July 17, 2024. Mayor Tran opened the public hearing at 5:50 PM. The Mayor and City Council did not request to hear the staff report. City Clerk Rocha reported there were no requests to speak and zero written protest. The public hearing was closed at 5:51 PM. Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 7 RESULT: APPROVED RESOLUTION NO. 2024-116 [6-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso RESULT: APPROVED RESOLUTION NO. 2024-117 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1640 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 8 6. Development Code Amendment 23-01 (Short-Term Rental Program) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1628 of the Mayor and City Council of the City of San Bernardino, California, adopting the Short-Term Rental Program, and approving Development Code Amendment 23-01 amending Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino; and finding that Development Code Amendment 23-01 is exempt from review under the California Environmental Quality Act; and 3. Schedule the adoption of Ordinance No. MC-1628 for July 3, 2024. Mayor Tran opened the public hearing at 5:53 PM. Stephanie Castro, Economic Development Project Manager provided a presentation to the Mayor and City Council. There were two public speakers. The public hearing was closed at 6:17 PM. Mayor Pro Tem Shorett made a motion to ban short term rentals in the city with a second from Council Member Figueroa. Council Member Sanchez requested to have staff also bring back an enforcement plan. When the vote was taken Council Member Calvin abstained, she explained that she did not have enough information to vote in favor or in opposition. The motion passed with a simple majority vote. RESULT: DIRECTED STAFF TO BRING BACK AN ORDINANCE BANNING SHORT-TERM RENTALS BEFORE THE END OF THE CALENDAR YEAR. STAFF MUST ALSO PRESENT AN ENFORCEMENT PLAN ON HOW THE BAN WILL BE ENFORCED. [3-2] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Shorett NOES: Sandra Ibarra, Damon Alexander ABSTAIN: Kimberly Calvin ABSENT: Ben Reynoso Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 9 At this time, the agenda was re-ordered, and item No. 30, 7, and 31 we heard together because the items related to the budget. 30. Commercial Cannabis Regulatory Program Update (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the oral report on the Commercial Cannabis Regulatory Program. RESULT: DIRECTED STAFF TO COME BACK WITH THE NUMBER OF VACANCIES AND A RECCOMMENDATION ON FILLING THE REMAINING LICENSES AND FORMALIZE A PROCESS ON HOW TO ISSUE LICENSES. STAFF MUST ALSO BRING A PLAN TO REGULATE THE PROCESS. [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 7. Continuation of May 15, 2024, Public Hearing: Presentation of the City Manager’s Proposed Fiscal Year 2024/25 & Fiscal Year 2025/26 Budget (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Continue the Public Hearing of the proposed Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement Plan; 2. Receive and file the proposed budget for Fiscal Years 2024/25 and 2025/26 Operating and Capital Improvement Plan presentation. Mayor Tran opened the public hearing at 7:20 PM. Jeannie Fortune, Acting Finance Director and Zuyva Ruiz, Budget Manager provided a presentation to the Mayor and City Council. There were three public speakers. The public hearing was closed at 8:04 PM Supplemental documentation was provided to the Mayor and City Council and made available to the public pertaining to item No. 7. The PowerPoint Presentation was provided after the agenda was posted. RESULT: CONTINUED TO A SPECIAL MEETING TO BE HELD AT THE END OF JUNE 2024. [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 10 31. Approval of the City Manager's FY 2025 & FY 2026 Operating Budget & CIP 2025- 2029 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2024-139 of the Mayor and City Council of the City of San Bernardino, California, approving the City of San Bernardino’s Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement Plan; 2. Adopt annual budgets for Fiscal Years 2024/25 and Fiscal Year 2025/26 with any City Council approved modifications made during the Public Hearing to be incorporated into the City of San Bernardino’s Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement Plan and included as part of the final adopted budgets; 3. Establish the City’s Appropriations Limit as required by Article XII of the California State Constitution; and 4. Adopt Resolution No. 2024-140 of the Mayor and City Council of the City of San Bernardino, California, approving an amendment to the city-wide salary schedule for full-time, part-time, temporary, and seasonal positions. ITEM PULLED BY THE ACTING CITY MANAGER DUE TO THE CONTINUATION OF THE BUDGET PUBLIC HEARING ITEM. NO ACTION TAKEN. Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 11 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 ITEM NO. 8 AND NO. 10 FOR A SEPARATE VOTE [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 8. Authorize and Appropriate Funding for Animal Services for the Preparation of the Regional Partnership Agreements (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-096: 1. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 operating budget by $350,000 to cover the cost of salary and benefits of additional positions added as a result of the Regional Partnership Agreements for Animal Services; and 2. Increase the Animal Services Department authorized full-time position count from 40 to 71. RESULT: APPROVED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 9. Approval of Various Mayor and City Council Meeting Minutes Recommendation: It is recommended that the City Council approve the meeting minutes for the following dates: 1. August 19, 2020, Draft Regular Meeting Minutes; 2. April 6, 2022, Draft Regular Meeting Minutes; 3. April 26, 2022, Draft Special Meeting Minutes; 4. May 4, 2022, Draft Regular Meeting Minutes; 5. June 1, 2022, Draft Regular Meeting Minutes; 6. April 6, 2023, Draft Special Meeting Minutes; 7. January 17, 2024, Regular and Special Meeting Minutes; 8. April 3, 2024, Draft Regular Meeting Minutes; and 9. May 1, 2024 Draft Regular Meeting Minutes A correction memo was provided to the Mayor and City Council and made available to the public pertaining to # 6 of the staff recommendation. The date on the agenda was listed as April 6, 2023, but should be April 26, 2023. Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 12 RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 10. Notice and Call of the General Municipal Election (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the General Municipal Run-Off Election on Tuesday, November 5, 2024: 1. Adopt Resolution No. 2024-118 calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the San Bernardino City Charter; 2. Adopt Resolution No. 2024-119 requesting the Board of Supervisors of the County of San Bernardino consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on the same date pursuant to section 10403 of the Elections Code; 3. Adopt Resolution No. 2024-120 adopting regulations for Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 5, 2024. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 13 11. Approve Contract Amendment No. 3 with Renne Public Policy Group (RPPG) for Grant Writing Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 3 to the agreement between the City of San Bernardino and Renne Public Policy Group (RPPG), to extend and increase the agreement for grant consultation services for an amount not to exceed $98,000 for the extension period of July 1, 2024 through June 30, 2025. Supplemental documentation was provided to the Mayor and City Council and made available to the public pertaining to item No. 11, and. A correction was requested by staff for the Discussion section of the Staff Report. The correction was made to the dollar amount for pending grant award results as follows: To date, 8 of the applications were successfully awarded totaling over $14M in grant funds, and 6 applications are currently pending award results with potential for an additional $7.9M $14.6M in funds if awarded. In addition, staff provided supplemental information to share more information on the type of grants received, including dollar amounts and project descriptions. The title of the supplemental document is: “Supplemental Grant Information – MCC 6.5.24.pdf” RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 12. Amendment No. 1 to the Professional Services Agreement with Kosmont Real Estate Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize Amendment No. 1 to the Professional Services Agreement with Kosmont Real Estate Services, a California Corporation, for Pre-Disposition Real Estate Advisory/Due Diligence Services, extending the Agreement until June 21, 2025; and authorize the City Manager to execute Amendment No. 1 with Kosmont Real Estate Services. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 14 13. Amendment Number Nine to the Consulting Services Agreement with Willdan Engineering for Plan Review, Inspection, Stormwater Management, And Counter Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 9 to the Consulting Services Agreement with Willdan Engineering for Plan Review, Inspection, Stormwater Management, and Counter Services. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 14. 2021-2029 Housing Element (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-121, providing direction to City staff to allow projects with at least 20 percent or more units affordable to lower income individuals through a by-right process per, Government Code Section 65583.2, Subdivisions (c), (h), and (i), on sites identified on Table 4-5 of the 2021-2029 Housing Element to be rezoned to accommodate the lower income RHNA and sites in Appendix A that were identified in the prior planning periods. Supplemental information was provided to the Mayor and City Council and made available to the public for item No.14 Housing Element. Staff provided supplemental information to address questions posed regarding a letter from Housing and Community Department (HCD) dated May 10, 2024, which was not attached to the staff report. The letter was provided for clarification on the reason why approval was needed by the Mayor and City Council. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 15 15. Amendment No. 2 to the Professional Services Agreement with SCI Consulting for Cannabis Monitoring and Financial Audit Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement (PSA) with SCI Consulting, extending the PSA into its fifth and final year for professional consulting services related to Cannabis Monitoring and Financial Audit Services. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 16. Investment Portfolio Report for January, February, and March 2024. (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 January, February, and March 2024 reports. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 17. Resolutions updating the Bank and Investment Account Signature Authority (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt the attached Resolutions updating the City’s and Successor Agency’s bank and investment account signature authority. Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 16 RESULT: APPROVED THE STAFF’S RECCOMENDATION ADOPTING RESOLUTION NO. 2024-122, 2024-123, 2024-124, 2024-125, 2024-126, 2024-127, 2024-128, 2024-129, AND 2024-130. [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 18. Amendments 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 their designee to execute: 1. Third Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont, for representation in the Estate of Rob Marquise Adams, et al. v. City of San Bernardino, US District Court Case No. 5:2022cv02206 2. Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for representation in the Brian Pellis, et al. v. City of San Bernardino, et al. US District Court Case No. CIVSB 2226731 RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 19. Annual Renewal of the City’s Risk Management Insurance Policies for FY 2024/25 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and 2. Authorize the City Manager or designee to execute all related documentation. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 17 20. Library Internet Novation Agreement (All Wards) Recommendation: It is recommended the Mayor and City Council of the City of San Bernardino authorize the City Manager or designee to execute a novation agreement between the Imperial County Office of Education and the City of San Bernardino for internet access at city libraries. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 21. Authorization to apply for funding through the Office of Grants and Local Services 2024 Arts in California Parks, Local Parks grant program (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-132, authorizing staff to the apply for grant funds from the Office of Grants and Local Services 2024 Arts in California Parks, Local Parks grant program. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 18 22. Accept State Funds for Park Land Replacement Within the City of San Bernardino (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolution 2024-135: 1. Authorizing the City Manager or his designee to accept state funds administered through the California Natural Resources Agency for a Park Land Replacement Project in the amount of $5,000,000; and 2. Authorizing the City Manager or his designee to conduct all negotiations, signing, and submittals of necessary documents to receive the awarded funds; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 Operating Budget in the amount of $5,000,000 in both revenue and expenditures to appropriate the state funds. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 23. Technical Correction for the 2022 Community Oriented Policing Services (COPS) Hiring Program Grant (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-133, approving the Director of Finance & Management Services to amend the Fiscal Year (FY) 2023/24 Operating Budget with an appropriation of $867,223.23 to both revenues and expenditures in grant funds as part of the previously approved 2022 Community Oriented Policing Services (COPS) Grant. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 19 24. Authorize the Acceptance, Obligation, and Expenditure of the Allocated Citizens’ Option for Public Safety (COPS) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No 2024-134: 1. Authorizing the acceptance of the FY 2023/24 Citizens' Option for Public Safety (COPS) funds. 2. Authorizing the Director of Finance & Management Services to amend the operating budget by $341,808.27 in both revenue and expenses. 3. Authorizing the Police Department to encumber and expend the allocated Citizens’ Option for Public Safety (COPS) funds for FY 2023/24. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 25. Award of Agreement for Construction of Rudy Hernandez Community Center Gym Flooring Replacement (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024136; and 1. Approve the award of an Agreement with HUR Flooring Co. in the amount of $185,578.00 for Rudy Hernandez Community Center Gym Flooring Replacement (Project); and 2. Authorize the project construction, construction contingencies, construction management, and administrative costs in the total amount of $225,000.00 (which includes a 20% contingency); and 3. Authorize the Director of Finance and Management Services to amend the FY 2023/24 CIP program and budget with an additional $47,048 from available Parks and Recreation funds to bring the total project budget to $225,000; and 4. Authorize the City Manager or designee to execute all documents with HUR Flooring Co.; and 5. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 20 26. Accept Safe Streets and Roads for All (SS4A) Grant (Wards 1, 2, 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-137, and 1. Authorize the City Manager, or designee, to execute a grant agreement and any subsequent amendments with the U.S. Department of Transportation in the amount of $240,800 for the Safe Streets and Roads for All (SS4A) Grant Program; and 2. Authorize the Director of Finance & Management Services to amend and appropriate the $240,800 Safe Street and Roads for All (SS4A) Grant Program award in both revenues and expenditures to the Fiscal Year 2023 – 2024 Operating Budget; and 3. Authorize the Director of Finance & Management Services to amend and appropriate $60,200 from the Local Regional Circulation Fund in expenditures to the Fiscal Year 2023-2024 Operating Budget to satisfy the 20% grant match requirement; and 4. Authorize the Director of Finance & Management Services to amend the Fiscal Year 2023 – 2027 Capital Improvement Program to add the Safe Streets and Roads for All (SS4A) Grant Program. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 27. Approve Final Tract Map No. 17329-4 (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-110 1. Approving Final Tract Map No. 17329-4 (Subdivision 05-40) involving the subdivision of the project site parcel (APN 0348-111-51) containing approximately 24.68 acres into twenty (20) single family lots at the northwest corner of N. Little League Drive and W. Ohio Avenue; and 2. Accepting the public dedications as set forth on said map in attachment No.2; and 3. Authorizing execution of the standard form of agreement for the subdivision improvements. Item No. 27 was approved as part of the Consent Calendar, Acting City Manager Clayton requested to pull the item for discussion to allow the developer to respond to public comments made at the meeting. Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 21 RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 28. Award of Agreement for Construction for Guadalupe Field at Sal Saavedra Park Revitalization Project (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-138: 1. Approving the award of an Agreement with RG General Engineering, Inc. in the amount of $1,388,937 for the revitalization of Guadalupe Field at Sal Saavedra Park (Project); and 2. Authorizing the project construction contingencies, construction management, and administrative costs in the total amount of $278,000 for construction of the Project; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 CIP budget with an additional $863,851 from available City ARPA funds to bring the total project budget to $1,666,937.67. 4. Authorizing the City Manager or designee to execute all documents with RG General Engineering, Inc.; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 29. 2024 Fireworks Regulatory Fee Rate (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-131 of the Mayor and City Council of the City of San Bernardino, California, setting the 2024 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino. RESULT: APPROVED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 22 CITY MANAGER UPDATE Jeff Kraus, Public Information Officer, provided city wide updates. DISCUSSION Discussion items No. 30 and 31 were heard with public hearing Item No. 7. 32. Adopt Resolution Establishing the Homeless Initiatives Ad Hoc Sub-Committee (All Wards) Recommendation: Adopt Resolution No. 2024-141 of the Mayor and City Council of the City of San Bernardino, California, establishing the Homeless Initiatives Ad Hoc Sub-Committee. Councilmember Sanchez requested the Mayor make a selection of the Committee members for purposes of transparency. The Mayor was not prepared to select the committee members. Council Member Sanchez wanted the members selected prior to approving the resolution. RESULT: ITEM CONTINUED TO REGULAR MEETING OF JULY 3, 2024 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 33. Façade Improvement Grant Program: “Paintbrush Program" (All Wards) Recommendation: Receive as filed and provide staff direction with program implementation.  RESULT: APPROVED [6-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS Regular Meeting Annotated Agenda June 5, 2024 Mayor and City Council of the City of San Bernardino Page 23 ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, June 5, 2024, at 10:14 pm In honor of the 80th Anniversary of D-Day, the historic Allied invasion of Normandy on June 6, 1944. 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, July 3, 2024, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. By:_________________________ Genoveva Rocha, CMC