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Home My WebLink About11-16-2022 MCC Regular 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, NOVEMBER 16, 2022 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:33 PM by Mayor Pro-Tem Juan Figueroa on Wednesday, November 16, 2022, at Feldheym Central Library, San Bernardino, CA. Call to Order Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Absent 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 John Valdivia Mayor Absent Robert D. Field City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present City of San Bernardino Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. CLOSED SESSION PUBLIC COMMENT Treasurer Ortiz gave a public comment regarding the downtown redevelopment project, the city’s contract with RDICO, and the slow progress being made. CLOSED SESSION p. 11 A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code §54956.8) Property: Carousel Mall Property, 43 acres Agency Negotiator: Robert D Field, City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group) Under Negotiation: Price and Terms B) PUBLIC EMPLOYEE EVALUATION (Pursuant to Government Code §54957 (b)(1)): City Manager 7:00 P.M. The Regular meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:24 PM by Mayor Pro-Tem Juan Figueroa on Wednesday 4, 2026, at Feldheym Central Library, San Bernardino, CA. INVOCATION AND PLEDGE OF ALLEGIANCE “Pastor Sharon” led the invocation. Council Member Sanchez led the Pledge of Allegiance to the Flag. Call to Order Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Absent 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 John Valdivia Mayor Absent Robert D. Field City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present CLOSED SESSION REPORT City Attorney Sonia Carvalho stated there was no reportable action. Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 3 CITY MANAGER UPDATE City Manager Robert Field provided city-wide updates. Highlights included the introduction of some new city hires, a review of veteran’s day celebrations that took place, Blair Park Fitness Court ribbon cutting, the White House summit at California State University, San Bernardino, street improvements, the city's first female African American officer, free Thanksgiving dinners at Senior centers, and an upcoming tree-lighting ceremony. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor Pro-Tem and City Council Members provided community updates, highlighting participation in local events, including Veteran’s Day programs at Valley College, the Hope of Color Banquet at Lutheran Services, and neighborhood association activities. PRESENTATIONS 1. A PRESENTATION BY SOUTHERN CALIFORNIA EDISON ON PROGRAMS AND SERVICES OFFERED TO SUPPORT FLEET ELECTRIFICATION. Mark Clement, Government Affairs Manager for SCE, updated the Council on efforts in San Bernardino, including EV charger expansion, electrical pole repairs, the Warm Creek Bridge project, street light issues, and the Charge Ready Project, which helps fund EV infrastructure and supports city residents in transitioning to electric vehicles. 2. Citizen of the Month – Gonzalo B Carrillo (Junior) - Ward 4 (November 2022) Council Member Shorett presented the Citizen of the Month Award to Junior Carrillo. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Treasure Ortiz commented on the Tenants Bill of Rights and homelessness. She commended Council Member Reynoso for labeling homelessness a State of Emergency. Felicia Alexander invited meeting attendees to the upcoming San Bernardino Turkey Trot. Jessica Andelan, on behalf of Supervisor Joe Baca’s Office, invited attendees to their open house taking place on December 6th at 4:30 PM at the Government Center Building. Zetty Epps, from the 6th ward, commented on the poor condition of the streets and the increase in containers being placed in residential areas. Tyler Durden addressed the Council regarding a prior issue he raised about his wife being assaulted by the San Bernardino Fire Protection District. Russell DeGuan of Operation New Hope reported on the Violence Intervention and Youth Reinvestment programs. Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 4 Kristen Melby, with SoCal Trash Army, shared a personal story and urged the council to adopt innovative policies and codes to address homelessness. Dolores Armstead advocated for staffing assistants for council members. She asked if it would be possible to designate space and time for legal food vendors to work, and to address all the illegal food vendors in the city. Jocelyn Faisal, from the Dorjil Apartments Renters United, commented on the inhumane conditions in her apartment complex and unfair evictions. Christian Flores of Inland Congregations United for Change (ICUC) supported the Tenant Bill of Rights, noting it holds landlords accountable and recommends annual amendments to address evolving tenant needs. Albert de la Vega, a funnel-cake vendor, requested a six-month moratorium on citations and equipment confiscation to protect street vendors’ livelihoods. Oscar Rodriguez, a street vendor, commented on the poor way he felt his community was being treated by city officials, specifically by the police department. Selena Herrera, a peanut vendor, requested that the council create a designated public space for vendors, similar to one in Los Angeles. Jerry Owens of Ward 3 urged the council to repair Rialto Avenue from I Street to Pepper, noting he had been requesting it for 11 years without action. Luis Ojeda invited the community to an upcoming community clean-up. He commented on the lack of code enforcement in some areas. Felipe Almazon asked the council for permits for street vendors in the city. Margarita Vega asked the council to extend the time allowance for vendors to sell in the city. She asked the council to encourage code enforcement to treat vendors better. Miriam Espinoza commented on street vending in the city. She asked the council to pass a moratorium on the citations and confiscations of street vendor equipment. Robert Porter asked the council to pass the Arts and Historical Preservation suggestions regarding arts grants. He also suggested some ideas for Seccombe Park. Allie Payne, a community member, commented on the high number of evictions taking place in the city. City Clerk Genoveva Rocha read the following written comments into the record, per ADA accommodation. Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 5 Hardy Brown supported the Hiring Grant and advocated for police officers to live in the communities they serve. Stephanie Sykes expressed concern about the city’s decline and the number of unlicensed street vendors. DISCUSSION 3. Discussion of Recent State Law that Provides Tenant Protection and Consideration of Establishing Local Tenants Bill of Rights Recommendation: Discuss the Tenant Protection Act of 2019, Assembly Bill 1482 (“AB 1482”), and consider further studies related to establishing a local Tenants Bill of Rights. Deputy Director of Housing and Homelessness Cassandra Searcy presented on the California Tenant Protection Act (AB 1482), explaining that it provides rent control and “just-cause” eviction protections for tenants who have occupied a unit for at least 12 months, with certain property exemptions. She noted that, at the council’s direction, the city could expand upon AB 1482 by adopting additional local tenant protections outlined in the presentation. At this time, Mayor Pro-Tem Figueroa allowed three speakers who should have spoken during the public comment period to speak. Dolores Armstead stated she had no comment and thanked the presenter for clearly clarifying the information. Julie Pauley, representing mobile home park owners, stated that mobile home tenants have greater protections compared to other housing types. Ben Benoit of the California Apartment Association stated that investors and developers are less likely to work with cities pursuing additional rent control measures and suggested removing such policies to attract development. At this time, the Council returned to the presentation and discussion. Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 6 Council members discussed potential enhancements to AB 1482, including stronger tenant protections and enforcement measures. Council Member Reynoso proposed increased notice periods, higher relocation assistance, and more frequent mobile home rent reviews, while Council Member Calvin inquired about the enforcement of health and safety standards. Council Member Sanchez suggested guidelines for tenant-paid repairs with reimbursement, and Council Member Shorett emphasized strengthening code enforcement. Staff indicated plans to form an ad hoc committee, review policies from other cities, and return with recommendations. Deputy Director Searcy noted that the Tenant Bill of Rights was expected to be ready by February 2023. RESULT: NO VOTE TAKEN; RECEIVE AND FILE PUBLIC HEARING 4. Resolution to Declare 42 City-owned Properties as Surplus Land (Wards 1, 2, 3, 4, 6, 7) Recommendation: Adopt Resolution No. 2022-234 of The Mayor and City Council of the City of San Bernardino, California, declaring City-owned properties, identified by the following assessor parcel numbers: 013407119, 013407124, 013407158, 013407126, 013422143, 013410109, 013410110, 013401424, 013401425, 013401426, 013401427, 013402126, 013402127, 013402128, 013402129, 014607202, 028134110, 028134104, 015412507, 015412602, 015412601, 015412630, 014319174, 014319175, 014252208, 014252209, 014252211, 014252212, 014252235, 014252236, 014252237, 014252238, 014252225, 014252242, 014252241, 014252213, 014252214, 014252215, 014252216, 014252217, 014301244, 015545110, as surplus land; authorizing the issuance of the notice of availability forms and directing the City Manager to comply with the Surplus Land Act, Government Code section 54220 et seq., and finding the action exempt from CEQA for the disposition of city-owned properties. Mayor Pro-Tem Figueroa opens the public hearing at 9:50 PM. Director of Community Housing and Economic Development Nathan Freeman presented a resolution to declare 42 city-owned properties as surplus from a larger inventory of approximately 800 parcels, identifying about 100 vacant, underutilized properties suitable for redevelopment. Due to capacity constraints, the process was divided into phases, with the selected properties prioritized based on their potential for affordable housing and existing developer interest. Upon approval, staff would initiate the Surplus Land Act process, including notifying the state and allowing affordable housing developers an opportunity to respond before proceeding with broader development options. At this time, public comments were heard for the Public Hearing. Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 7 Dolores Armstead asked that residents be given a role in deciding how the surplus properties are used and who is selected to develop them. Mayor Pro-Tem Figueroa closed the public hearing at 9:56 PM. RESULT: ADOPTED RESOLUTION NO. 2022-234 [6-0] MOVER: Kimberly Calvin, Council Member, Ward 6 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 5. Development Code Amendment 2205 P. 244 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California: 1. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1601 of the Mayor and City Council of the City of San Bernardino, California, amending Section19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update development standards for Commercial Cannabis Activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code; and finding that the Amendment is Exempt under the California Environmental Quality Act (Attachment 1); and 2. Schedule the adoption of Ordinance No. MC1601 to the regularly scheduled meeting of the Mayor and City Council on December 7, 2022. Assistant planner Elizabeth Rodriguez provided a staff report on this item. There were no public comments. Mayor Pro-Tem Figueroa closed the public hearing at 9:59 PM. City Clerk Genoveva Rocha read the title of Ordinance MC-1601 into the record. RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1601 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 8 6. Public Hearing on Annexation No. 27 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. 2022-235 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. 20191 (Maintenance Services) (Annexation No. 27); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2022-236 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 27); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC1602 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 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. 20191 (Maintenance Services); and Schedule the adoption of Ordinance No. MC1602 for December 7, 2022. Mayor Pro-Tem Figueroa opened the public hearing at 10:01 PM. There were no public speakers or requests to speak. City Clerk Rocha reported there were no written protests received. The City Clerk confirmed that the County of San Bernardino Registrar of Voters had certified that there were no registered voters within annexation No. 27 of community facilities district No. 2019-1. Mayor Pro-Tem closed the public hearing at 10:02 PM. RESULT: APPROVED RESOLUTION NO. 2022-235 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 9 RESULT: APPROVED RESOLUTION NO. 2022-236 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra City Clerk Genoveva Rocha read the title of Ordinance MC-1602 into the record. RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1602 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 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 AND PULLED ITEMS NO. 7 AND 13 FOR A SEPARATE VOTE [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 7. Professional Services Agreement with Hurst Brooks Espinosa (HBE) LLC for State Legislative Advocacy 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 his designee, to execute a two-year (2) agreement, (with the option to extend the agreement by one-year (1) administratively), with Hurst Brooks Espinosa (HBE) LLC for state legislative advocacy services. Council Member Shorett stated he was not prepared to vote on Item 7, the Professional Services Agreement with Hurst Brooks and Espinosa, expressing a desire for more Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 10 discussion on the lobbyists’ roles, deliverables, and value, suggesting a possible RFP or interview process before approving the agreement. Council Member Sanchez made a motion to table the item, and the motion was seconded by Council Member Shorett. RESULT: APPROVED TABLING OF THE ITEM FOR FUTURE DISCUSSION [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 8. Aspen Institute City Learning Action Lab and City of San Bernardino Investment Playbook Update (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the City's participation in the Aspen Institute City Learning Action Lab, and development of the City of San Bernardino Investment Playbook. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 9. Investment Portfolio Report for September 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 September 2022. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 11 10. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for October 2022. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 11. San Bernardino Police Management Association Compensation and Benefits Plan P. 524 Recommendation: Adopt Resolution No. 2022-237 of the Mayor and City Council of the City of San Bernardino, California, repealing Resolution No. 2015225, and adopting the Compensation and Benefits Plan between the City of San Bernardino and the San Bernardino Police Management Association (SBPMA), and updating the citywide salary schedule. RESULT: ADOPTED RESOLUTION NO. 2022-237 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 12. Allocation of $110,000 from the Cultural Development Impact Fund to fund facility upgrades at the Norton Gym and Jerry Lewis Swim Center Pump Room and to fund the Veterans Stand Down event and employee recognition event Recommendation: Adopt Resolution No. 2022-238 of the Mayor and City Council of the City of San Bernardino, California, approving the allocation of $110,000 from the Cultural Development Impact Fund to be allocated to facility upgrades at Norton Gym ($30,000), Jerry Lewis Swim Center Pump Room ($50,000), Veterans Stand Down event ($20,000), and employee recognition event ($10,000). Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 12 RESULT: ADOPTED RESOLUTION NO. 2022-238 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 13. Approve the Awards of $98,000 for Visual and Performing Arts Grant to Winning Applications Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize Visual and Performance Art Grant awards to winning applications totaling $98,000. Council Member Calvin recused herself from this item due to a conflict of interest. Council Member Sanchez requested that the item be continued to the next meeting, directing staff to include all applications for the recommended awards so that both the council and the public can see how the funds will be allocated. RESULT: APPROVED THE CONTINUATION OF THE ITEM FOR THE NEXT MEETING FOR STAFF TO INCLUDE ALL THE APPLICATIONS FOR THE RECOMMENDED AWARDS [5-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Alexander NOES: None ABSENT: Sandra Ibarra RECUSED: Kimberly Calvin 14. Purchase of Cellular Site Simulator Equipment (All Wards) Recommendation: Adopt Resolution No. 2022-239 of the Mayor and City Council of the City of San Bernardino, California, approving the Cellular Site Simulator Usage and Privacy Policy and authorizing the Agency Director of Administrative Services to amend the Adopted FY2022/2024 budget by $460,000, and issue a Purchase order to Tactical Support Equipment in an amount not to exceed $860,000. RESULT: ADOPTED RESOLUTION NO. 2022-239 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 13 15. Authorize a Budget Amendment to the Adopted 2022/2023 Budget and Enter into a Professional Service Agreement for a Police Dispatch Consultant (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California authorizing: 1. The Agency Director of Administrative Services to amend the adopted 2022/2023 budget by increasing both revenue and expenditure by $158,670, and issue a purchase order to Kim Turner, LLC in an amount not to exceed $158,670. 2. The City Manager will enter a professional service agreement with Kim Turner, LLC, for police dispatch consulting and training manual preparation. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 16. Accept the 2022 COPS Hiring Program Grant Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution No. 2022-241 authorizing: 1. The City Manager to Accept the 2022 Department of Justice Community Oriented Policing Services Grant. 2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget with an appropriation of $1,250,000 in both revenues and expenditures in grant funds and $348,870.90 in General Fund expenditures in grant match requirements. 3. The police department wants to increase sworn staffing from 287 to 297. RESULT: ADOPTED RESOLUTION NO. 2022-241 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 17. Citywide Bus Stop Improvements Change Order (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 Contract Change Order (CCO) #1 to Project No. 13507 with Tryco General Engineering, in the amount of $238,759 for a total contract not to exceed amount of $501,259. Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 14 RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 18. Maintenance Agreement with Southern California Regional Rail Authority (SCRRA) and Amendment No. 1 to Agreement with San Bernardino County Transportation Agency (SBCTA) and Omni Transportation (Omnitrans) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California: 1. Approve the Maintenance Agreement for AtGrade Crossings with the Southern California Regional Rail Authority (SCRRA); authorize the City Manager to execute said Agreement; and 2. Mayor and City Council of the City of San Bernardino Page 6 3. Approve Amendment No. 1 to Agreement No. 171001666 between the City of San Bernardino, San Bernardino County Transportation Agency (SBCTA) and Omni Transportation (Omnitrans) for the operation and maintenance of the San Bernardino Transit Center, authorize the City Manager to execute said Amendment No.1 RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 19. Agreement with McCain, Inc., for Traffic Signal Controllers (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California: 1. Authorize the City Manager to execute a Goods and Services Agreement with McCain, Inc., for traffic signal controllers and related components; and 2. Adopt resolution No. 2022-242 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $200,000; and 3. Authorize the Agency Director of Administrative Services to issue a purchase order to McCain, Inc. for the purchase of traffic signal controllers in the amount not to exceed $200,000. Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 15 RESULT: ADOPTED RESOLUTION NO. 2022-242 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 20. Issuance of a Purchase Order to National Auto Fleet Group for CNG Dump Truck (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California: 1. Authorize the purchase of a CNG Dump truck 2024 Freightliner 114SD from National Auto Fleet Group in the amount of $302,499.71; and 2. Authorize the Agency Director of Administrative Services to appropriate $302,499.71 to purchase the Freightliner Dump Truck using the AB2766 fund; and 3. Authorize the Agency Director of Administrative Services to issue a purchase order for National Auto Fleet Group in the amount not to exceed $302,499.71. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 21. Amendment No. 3 to Agreement with Z&K Consultants, Inc. (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California authorize the execution of Amendment No. 3 to Professional Services Agreement with Z&K Consultants, Inc., extending the agreement until June 30, 2023. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 16 22. Professional Services Agreements for OnCall Pre-Qualified Engineering Services Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California approve the award of five-year Professional Services Agreements with various engineering firms and authorize the City Manager, or designee, to sign and execute the agreements. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 23. Amendment No. 1 to the Professional Services Agreement with Tetra Tech BAS, Inc. (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California: 1. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Tetra Tech BAS, Inc., to install upgrades to the existing landfill gas collection and treatment system at the City's inactive Waterman Landfill; and 2. Authorize the Agency Director of Administrative Services to issue a purchase order to Tetra Tech BAS, Inc. in the amount not to exceed $418,160. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 24. Resolution Declaring Homelessness a State of Emergency (All Wards) – Council Member Reynoso Regular Meeting Minutes November 16, 2022 Mayor and City Council of the City of San Bernardino Page 17 RESULT: APPROVED ITEM NO. 24 TO BE HEARD AT A FUTURE MEETING [6-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Sandra Ibarra 25. Airbnb Policy (All Wards) – Council Member Alexander Council Member Shorett commented that the item was already in the works and coming forward. RESULT: APPROVED ITEM NO. 25 TO BE HEARD AT A FUTURE MEETING [5-1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Fred Shorett ABSENT: Sandra Ibarra ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, November 16th, 2022, at 10:17 PM. 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 December 7, 2022, at the Feldheym Central Library located at 555 West 6th St Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m., and Open Session will begin at 7:00 p.m. Telicia Lopez, CMC City Clerk