Mayor and City Council
January 18, 2023

City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

Minutes

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 C ity 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
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 Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.

CLOSED SESSION PUBLIC COMMENT

There were no public comments or requests to speak for Closed Session.

CLOSED SESSION

A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. F.D. a minor, individually, by and through his Guardian ad Litem, Francisco Diaz v. City of S an Bernardino, et al. United States District Court Case No. 5:21
-C
V-01580
-J
GB-K
K
ii. Juddit Rodriguez, an individual v. City of San Bernardino, et al., United States District Court Case No. 5:21-c v-01528-J GB-S HK
B) CONFERENCE WITH LEGAL COUNS EL ­ ANTICIPATED LITI GATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item.

C) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item 7:00 PM

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Reginald Y oung, of the SB Pastors United lead the invocation. Mayor Tran’s daughter Holly Tran lead the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated there were two matters discussed as noted in the agenda, but there was no reportable action.

CITY MANAGER UPDATE
At this time, Assistant City Manager Edelia Eveland provided city -wide updates.

Highlights included recovering from recent s torms, Martin Luther King Jr . Day, and the upcoming Homeless Point in Time Count.

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

Jennifer O ’Farrell from Big Brothers Big Sist ers of Orange County and the Inland Empire provided a presentation.

Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 3

2. January 2023 Citizen of the Month – Wade Forde, Lead Pa stor, San Bernardino 16th Street Seventh­day Adventist Church

Pastor Forde accepted the award from Mayor Tran and Council Member Calvin.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Dr. Jeanetta Million, CEO/Founder of A Servants Heart C ommunity Development International, stated that her organization needs suitable facility space.

Dawn Rabon stated that she is concerned about homelessness in the City.

Edward Woolbert spoke in disapproval of an AirBnB in his neighborhood.

Dolores Armstead asked for an update on the Downtown Redevelopment and asked for the Council Members to be assigned staff members.

Frank Montes stated that Council Members should work together with the new Mayor.

Monica Smith expressed her frustration about the homeless situation in the City.

Treasure Ortiz discussed homelessness and stated that the Mayor and Ci ty Council need to do better.

Aurora McElroy stated she is in opposition of short-term rentals in her neighborhood.

Jose Gomez disapproves of short-term rentals in his neighborhood due to high fire risk.

Paul Plunk spoke about various community issues and thanked Treasure Orti z for her input.

Maurice Butler expressed that the Dorji l Estates apartments are not in good repair and the tenants need legal assistance.
‘
“Malibu” said that she is frustrated by the homeless situation in the City.

Jocelyn Feazell Sanders also a sked the Mayor and City Council to assist the residents of the Dorjil Estates.

Rikke Van Johnson applauded the City’s choice to hire I nterim City Manager Charles McNeely.

Pat Morris, Former Mayor, praised Charles McNeely for his work in the City of Reno.

Ashley Diaz asked for staff’s support for those in need in the community.

Kristen Malaby invited everyone to an Inland Empire Hounds Basketball Game.

Dr. Betty Daniels spoke about an illegal marijuana dispensary at 249 E. Highland Ave that is a nuisance.

Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 4 Miriam Nieto spoke about the Gateway Specific Plan neighborhood meeting. She was disappointed with the meeting and wished there had been communication in Spanish.

Jerry Owens expressed concern for the dangerous intersection at Mountain View and 5th Street. Also, Pepper Ave. needs to be repaired.

Robert Porter congratulated Mayor Tran and the newly re-elected Council Members. He thanks City staff and community members for their contributions to the City.

There were no remote speakers.

City Clerk Genoveva Rocha then read the following comment into the record, per ADA accommodation:

Hardy Brown congratulated the new Mayor , re-elected Council Members , and Interim City Manager. He is looking forward to success coming to the City.

At this time, a member of the public, Erik Martinez, stated he had turned in a request to speak and was not acknowledged. The Mayor and C ity Council allowed Mr. Martinez to speak. He spoke in opposition to an event being held in the city called Paranormal Circus. He said this event will negatively affect the youth.

Written public comments were provided to the Mayor and City Council.

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.

C
ommunity and Ec onomic Development Di rector Nathan Freeman provided a presentation.

C
ouncil Member Alexander suggested imposing: 1.) A three-night minimum on stays;

2.) A
ban in fire rated areas;

3.) Restricting parking on the street; a
nd 4.) Having a maximum
total of 120 short-term rentals in the City. There was discussion amongst the Mayor and City Council regarding the terms.

C
ouncil Member Sanchez made a motion to sel ect O ption Two from s taff’s recommendation to a dopt a regulatory scheme, including the additional para meters mentioned above, except for the cap of 120 rentals.

Council Member Calvin made a substitute motion to adopt Option Three, the “ Wait and See Appro ach” because the City does not have enough resources to enf orce the regulations. The motion did not receive support.

Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 5 RESULT: APPROVED STAFF RECOMMENDATION FOR OPTION NO. TWO,

WITH THE ADDITIONAL REQUEST TO BAN GUEST PARKING ON

THE PUBLIC STREET, PR OHIBIT RENTALS IN FIRE RATED

AREAS, AND SET A MINIMUM NIGHT STAY FOR SHORT TERM
RENTALS [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 Al ternate to the Inland Valley Development Agency Board of Directors;

2. Appoint two Members and one Alternate to the San Bernardino Internati onal 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 R epresentative 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, K imberly Calvin, and Damon Alexander to vote in the Southern California Association of Governments Regional Council District 7 Election.

Council Member Reynoso made a motion that the appointed members of the Inland Valley Development Agency be himself, Mayor Tran, and Council Member Calvin, with Council Member Shorett as an alternate. Council Member Cal vin seconded t he motion.

Council Member Sanchez made a substitute motion to approve the Mayor ’s appointments as listed on the agenda. Mayor Pro Tem Shorett seconded the motion.

Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED THE MAYOR’ S SELECT ION OF APPOIN TMENTS 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: Reynoso

5. Adoption of Resol ution N o. 2023­019 Appointing an Interim City Manager and approving an employment agreement.

Recommendation:

It is recommended that th e Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-0
19 appointing an Interim City Manager
and approving an employment agreement. Note: The candidate is anticipated to be selected by the Mayor and City Council in advance of the City Council Meeting held on January 18, 2023.

A
ssistant City M anager Edelia Eveland reported that per Government Code 54953(c)(3), the City of San Bernardino is legally required to orally re port salar y and benefits of new executives during an open meeting and announced that the Interim City Manager’s Salary would be $137.02 per hour with no other benefits. Interim City Manager Charles McNeely introduced himself and thanked the Mayor and City Counci l for their support.

City Clerk Genoveva Rocha announced that supplemental documents regarding the appointment of the Interim City Manager were provided to the Mayor and City Council, posted online, and copies printed for the public.

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

PUBLIC HEARINGS

6. A dopt 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-1
605 amending Section 3.04 of the Municipal Code of the City of San Bernardino, California, and Adopt Resolution 2022
-246 adopt
ing the Purchasing
Policy for the City of San Bernardino.

May
or Tran opened the public hearing at 9:39 p.m.

Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 7 Agency Director of Administrative Services Barbara Whitehorn provided a presentation.

T
here was one public speaker; T
reasure Ortiz expressed that a fiscal audit should be
performed before this policy is adopted.

C
ouncil Member Reynoso made a motion to approve staff ’s recommendation but change the City Manager’s $100,000 contract signing authority to $50,000. All contracts over $50,000 must be approved by the Mayor and City Council. The motion was seconded by Council Member Ibarra.

Council Member Sanchez made a substitute motion to approve staff’s recommendation, with the addition of replacing the word “designee” in phrase “Purchases in this category may only be authorized by the City Manager or their designee” with “the Assistant City Manager with prior written authorization from the City Manager in the C ity Manager’s absence” in section 3.04 .040B of Ordinance MC-1605. Mayor Pro Tem Shorett seconded the motion.

City Clerk Genoveva Rocha made an announcement for the record that the r esolution number 2022-246 on this item was inaccurate, and the correct number is 2023-020.

The public hearing was closed at 10:18 p.m.

RESULT: I NTRODUCED, READ BY TITLE ONLY, AND WAIVED F URTHER READING OF OR DINANCE No. MC ­16 05, WITH A MINOR
CHANGE TO SECTION 3.04.040B, REPLACING “DESIGNEE”
WITH “THE ASSISTANT CITY MANAGER WITH PRIOR WR ITTEN

AUTHORIZATION FROM THE CITY MANAGER IN THE CITY
MANAGER’S ABS ENCE” AND ADOPT ED RESOLUTION NO.
2023­020 ADOP TING THE PURCHASI NG POLICY FOR THE CITY OF SAN BERNARDINO [4­2]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Shorett, Calvin, Alexander
NOES: Ibarra, Reynoso
ABSENT: Figueroa

7. P ublic Hearing on Annexation No. 28 to Community Facilities District 2019­1 (Ward 5)
RECOMMENDATION:

It is recommended that the M ayor and City Council of the City of San Bernardino, California:

1.Hold a Public Hearing; and

2.Adopt Resolution No. 2023 -0 01 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 o f the Mayor and City Coun cil of the C ity of San Bernardino, California , declari ng election results for Community Facilities District No. 2019
-1(
Maintenance Services) (Annexation No. 28); and
Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 8

5.Introduce, read by title only, and waive further reading of Ordinance No. MC- 1608 of the Mayor and City Council of the C ity of San Bernardino, California, amending Ordinance No. MC -15
22 and levying special taxes to be collected during Fiscal Year 2022
-202
3 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, s treets, stree t 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-1 608 for February 1, 2023.

May
or Tran opened the public hearing at 10:22 p.m.

The staff presentation was not requested.

There w ere no public speakers or requ ests to speak. There were no written protests received.

The public hearing was closed at 10:24 p.m.

RESULT: A DOPTED 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: Reynoso
ABSENT: F igueroa

RESULT: A DOPTED 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: Reynoso
ABSENT: Figueroa

RESULT: INTRODUCED, READ BY TITLE ONLY AND WAIVED FURTHER READING OF ORDINANCE NO. MC 1608 [5­1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Calvin, Alexander
NOES: R eynoso
ABSENT: Figueroa

8. Public Hearing on Annexation No. 29 to Community Facilities District 2019­1 (Ward 3)
Recommendation
It is r ecommended that the Mayor and City Counc il of the City of San Bernardino, Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 9 California:

1.Hold a Public Hearing; and

2.Adopt Resolution No. 2023 -00 4 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 -00 5 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-15
22 and levying special taxes to be col lected
during Fiscal Year 2022-20
23 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 admin istrative 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-1 609 for February 1, 2023.

A
ssistant City Man ager Edelia Eveland announced that the Public Hearing was being continued.

RESULT: THIS ITEM WAS CONTINUED TO A FUTURE MEETING BY STAFF

9. Public Hearing on Annexation No. 30 to Community Facilities District 2019­1 (Ward 5)
Recommendation
It is recommended t hat the Mayor an d City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2023 -00 6 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 -00 7 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Com munity 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, Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 10 amending Ordinance No. MC -152 2 and levying special taxes to be collected during Fiscal Year 2022
-2
023 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-1 610 for February 1, 2023.

May
or Tran opened the public hearing at 10:27 p.m.

The staff presentation was not requested.

There wer e no public speakers or requ ests to speak. There were no written protests received.

The public hearing was closed at 10:29 p.m.

RESULT: ADOPTED RESOLUTION NO. 2023­00 6 [7­0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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, READ BY TITLE ONLY AND WAIVED FURTHER READING OF ORDINANCE 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 -0 08 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 t he area proposed to be annexed to Community Facilities District No. 2019
-1 (
Maintenance Services)
(Annexation No. 32); and
Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 11

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2023 -0 09 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 -152
2 and levying special taxes to be collected
during Fiscal Year 2022
-2
023 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-1 611 for February 1, 2023.

May
or Tran opened the public hearing at 10:31 p.m.

The staff presentation was not requested.

There was one public speaker: Dolores Armstead spoke in opposition of this project because the City does not need any more fast food restaurants.

There were no written protests received.

The public hearing was closed at 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: Reynoso, Calvin

RESULT: A DOPTED 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: Reynoso

Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 12 RESULT: INTRODUCED, READ BY TITLE ONLY AND WAIVED FURTHER READING OF ORDINANCE NO. MC­161 1 [6­1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Reynoso

CONSENT CALENDAR
Items on the Consent Calendar are considered routine a nd 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, ITEMS NO. 11
THROUGH NO. 32. PULLED ITEM S NO. 20 AND NO. 28 F OR
DISCUSSION. C OUNCILMEMBER 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 Ma yor and City Council of the City of San Bernardino, adopt Resolution No. 2023
-010
, establishing a revised Records Retention Policy
and Schedules.

RESULT: A DOPTED RESOLUTION NO. 2023­01 0 [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 (N PHS) San Bernardino Deve lopments, LLC (Wards 2 & 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. A
dopt Resolution No. 2023
-011 aut
horizing 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 Ma nager, or designee, to t ake further actions and execute Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 13 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 Subdiv ision Project (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Ordinance No . MC -1603 ap pr
oving Develop ment Code Amendment
(Zoning Map Amendment) 21
-05 c
hanging 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 N egative Declaration (Attachment 1).

RESULT: A DOPTED ORDINANCE NO. MC ­1603 [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 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: A PPROVED [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.

Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 14 RESULT: APPROVED [7­0]
MOVER: F red 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: D amon 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 Ci ty 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

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

Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 15

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, a dopt Resolution No. 2023
-0
13 approving a revised City -w
ide salary
schedule for all full-
time, part
-ti
me, temporary, and seasonal positions.

RESULT: A DOPTED RESOLUTION NO. 2023­01 3 [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 Ci ty of San Bernardino, California authorize the City Manager or designee to execute:

1.The First Amendment to the Professional Services Agreement with Ca rpenter, Rothans & Dumont for representation in the Tammy Be nder 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 t he Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337 Council Member Ibarra made a motion to vote separately on Items 1 and 2 above and recused herself from Item 3 due to a conflict of interest regarding her legal case.

Mayor Pro Tem Shorett seconded the motion.

Council Member Reynoso made a substitute motion to approve Item #20 as presented. Council Member Sanchez seconded the motion.

Council Member Ibarra did not leave the dais during the vote and did not vote on the item.

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: Ibarra

21. Agreements with Kaiser Permanente for Pre­employment and Occupational Medical Services (All Wards)
Recommendation
It is recommended that the Mayor and City C ouncil of the City of San Bernardino, California, authorize the City Manager or designee to execute:

Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 16

1. A professional services agreement with Kaiser Permanente for pre
-e
mployment screening services.

2. A professional services agreement with Kaiser Permanente f or occupational medical services.

RESULT: APPROVED [7­0]
MOVER: F red 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 Servic es (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
-0
14 to accept and allocate additional grant
funds for the Senior Nut rition Program from the H ome and Commu nity Based Services (HCBS) Sen ior Nutrition Infrastructure Grant Program in the amount of $304,846.

RESULT: A DOPTED RESOLUTION NO. 2023­01 4 [7­0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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 Administrati ve 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 rec ommended t hat of the Mayor and City Council of the City of San Bernardino, California, authorize:

Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 17

1. The City Manager or his/her designee to enter into an agreement with Mal colm Smith Motorsports to purchase two off-r
oad 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: Reynoso

25. Purchase of Night Vision Goggles
Recommendation
It is re commended 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.

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: 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 Drai nage Study for Meyers Creek Drainage System
Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 18 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 a nd 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 t
o:

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 Ad ministrative Services to amend th e FY 2022/23 CIP budget and appropriate funding from the FY 2023/24 adopted CIP 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: 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 -15
22 and levying special
taxes to be collected during Fiscal Year 2022
-20
23 to pay the annual costs of the
maintenance and servicing of lands caping, light ing, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital repl acement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019
-
1 (Maintenance Services).

Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 19 RESULT: A DOPTED ORDINANCE NO. MC ­1606 [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-1 607 of the Mayor and City Council of the City of San Bernardino, California, amendi ng Ordinance No. MC -15
22 and levying special
taxes to be collected during Fiscal Year 2022
-20
23 to pay the annual costs of the
maintenance and ser vicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replac ement, and administrative expenses with respect to City of San Bernardino Community F acilitie s Di strict No. 2019 -1 ( Maintenance Services).

RESULT: A DOPTED ORDINANCE OF MC ­1607 [7­0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

31. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 31, Ta x Zone No. 32 (Rancho Ave.) (Ward 3)
Recommendation
Adopt Resolution No. 2023 -017 o f 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: ADOPTED RESOLUTION NO. 2023­01 7 [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
-0
18:

1. Authorizing a License Agreement with DP Industrial Parkway, LLC, a Delaware limited liability company, for the con struction of i mprovements 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 Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 20

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

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 NEIGHBORLY 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: I barra

34. I
nitiate a Request for Proposal seeking a consultant to prepare a feasibility study f or installing bike lanes and cross walk improvements in Downtown (Wards 1, 3) ­ C ouncil Member Reynoso
RESULT: A MENDED THE MO TION FOR STAFF T O PREPARE A

FEASIBILITY STUDY FOR INSTALLING BIKE LANES IN THE CITY 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: Ibarra

35. Direct staff to work with the Mayor and City Council to evaluate and determine the appropriate staffing levels in the Of fice 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 11:03 p.m.

Regular Meeting Minutes January 18, 2023
Mayor and City Council of the City of San Bernardino Page 21

The next joint regular meeting of the Mayor and City Council and th e 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 locat ed at 555 West 6 th Street, San Bernardin o, California 92410.Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC