Agenda packet — Mayor and City Council, May 4, 2022 (part 2 of 8)

Public Hearing

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager

Subject: Ordinance Amending Various Sections of Chapter 8.60 and Adding Section 8.60.170 (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 - 1578, amending various sections of Chap ter 8.60 and adding section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks.

Background
The City of San Bernardino is a foothill community, which makes it, and the surrounding unincorporated areas, more susceptible to w ildfires. This is one of the reasons illegal fireworks continue to be a concern for residents, and enforcement continues to be a top priority for the San Bernardino Police Department and the San Bernardino County Fire Protection District. Illegal fireworks not only increase the risk of fires but also result in injuries to persons and damage to properties.

There have been two major incidents in Southern California recently, as a result of storing fireworks illegally, that have prompted cities to reevaluate their municipal code regarding the licensing, sale, use, and storage of fireworks. The first incident was on March 16, 2021, in Ontario, and resulted in the death of two people and over $3 million in property damage to 40 homes. The second incident was in Los Angeles, which occurred on June 30, 2021, and left 17 residents and first responders injured, damaged 22 homes, and destroyed an LAPD bomb squad truck.

At the March 16, 2022, Mayor and City Council Meeting, an item to be considered was placed on the agenda for future debate regarding making updates to the City’s ordinances on fireworks storage and use. The Mayor and City Council voted unanimously to bring this discussion item forward at a future Mayor and City Council meeting.

Discussion
Chapter 8.60 of the San Bernardino Municipal Code (SBMC) regulates fireworks sales and designates certain restrictions on the discharge of fireworks. After reviewing Chapter 8.60 of the SBMC, staff recommend that the current SBMC be amended to include:
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1. Additional language about the use, possession, and storage of fireworks;

2. Additional requirements to obtain a license to sell fireworks; and

3. A new section that specifically addresses fireworks storage in residential areas in the City.

The proposed additions below, if adopted, will bring the City’s Fireworks Chapter of the SBMC in line with California law and make it more effective for Police, Fire, and Code Enforcement to enforce.

Use, Storage, and Possession
Under the current provisions of the SBMC, firew orks designated as “safe and sane” can be sold, with a valid permit, in all areas south of the 210 Freeway within San Bernardino city limits between the hours of 12:00pm on July 1 st to 12:00am on July 4th. Additionally, this is the only time during the yea r that safe and sane fireworks are allowed to be used in the City as all fireworks, even safe and sane, are illegal before July 1 st and after July 4th. However, staff believe this is not clear enough in the current SBMC.

Restrictions on fireworks use and possession are only referenced in a few sections of the Municipal Code while residential storage of fireworks is not referenced at all. Adding additional language throughout the Chapter 8.60 of the SBMC will make the subsections more consistent, which will make the overall chapter easier understand.

Licensing & Operation Requirements
Requiring applicants to provide the City with a current 501(c) (3), (4), (5), (6), (8), (10), (19), (20), or 501(d) verification of nonprofit status will improve authen tication of applications and ensure that only nonprofits with a current nonprofit designation receive a license to sell fireworks.

Additionally, requiring the supervisor(s) or manager(s) to be listed on the license and to be present at temporary fireworks stands during operating hours while fireworks are stored and sold, will ensure greater compliance with the requirements in Section

8.60.070. Law enforcement would also have greater ability to track down the responsible party and hold them accountable should any violations occur.

Table 1 below includes the sections of 8.60 that have proposed changes and the impact, if any, the changes would have on residents. Table 2 below includes the proposed new section to Chapter 8.60 and the staff reasoning for the addition.

TABLE 1
Changes to
Existing
Sections
Type of Change Impact on Residents
Section

8.60.010;
Section

8.60.070
Additional
language on the
use, storage,
and possession
Residents and visitors will have more specificity
regarding what is unlawful within the City. This will
hopefully protect residents from tragic scenarios like
the explosions that occurred in the cities of Los
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Subsection
P; and
Section

8.60.130
of fireworks Angeles and Ontario.

Section

8.60.030:

Subsection
D Section

8.60.070
License and
operation
requirements
Section 8.60.030: Subsection D - No direct impact on
residents. This minor change will ensure the City is
only issuing permits to organizations with a current
nonprofit designation status. Section

8.60.070 - Requiring that the designated supervisor or
manager be listed on the license and be the person
present at the fireworks stand, at all times, while the fireworks are stored and sold creates greater
accountability and will hopefully lead to less unlawful activity (i.e., selling to minors). If unlawful activity occurs, the person(s) on the permit will be held
responsible and subject to penalties from law
enforcement. This will better protect residents and
ensure fireworks are sold lawfully in the City.

TABLE 2
Proposed New
Section
Staff Reasoning for Addition
Section 8.60.170
Residential
Storage of
Fireworks
The SBMC will be more consistent with the California Health and Safety Code with the addition of this section. More importantly, law enforcement will now be able to cite the SBMC for storage violations and issue Administrative Civil Penalties for storage violations.

2021-2025 Strategic Targets and Goals
The adoption of the amendments to Chapter 8.60 of the SBMC aligns with Key Target No. 3c: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
The consideration of an Ordinance amending Chapter 8.60 of the SBMC has little to no fiscal impact on the General Fund.

Conclusion
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 - 1578, amending various sections of Chapter 8.60, and adding section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks.

Attachments
Attachment 1 Ordinance No. MC-1578

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Ward: All

Synopsis of Previous Council Actions:

March 16, 2022 Mayor and City Council voted to bring forward an item addressing firework storage and usage within the City of San Bernardino. 9 Packet Pg. 300
Ordinance No. MC-1578

ORDINANCE MC-1578

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO , CALIFORNIA
AMENDING VARIOUS SECTIONS OF CHAPTER 8.60 AND
ADDING SECTION 8.60.170 TO CHAPTER 8.60 OF THE

SAN BERNARDINO MUNICIPAL CODE RELATING TO

FIREWORKS
WHEREAS, on March 22, 2019, Governor Newson declared a Proclamation of a State of Emergency (Executive Order N -05-19) due to the drought co nditions that still persist until the present day; and
WHEREAS, at its March 16, 2022, meeting the City Council requested staff to bring forward an item addressing firework storage and usage within the City of San Bernardino; and WHEREAS, the advantages o f the City’s residents to purchase and store any type of fireworks, before and during the 4th of July holiday, and store them afterwards in their residences, garages, or out-buildings do not outweigh the safety of the City’s neighbo rhoods in the City and in mountain communities; and
WHEREAS, the State Fireworks Law (Health & Safety Code, § 12500 et seq.), provides that local agencies may regulate the sale, use, or discharge of fireworks; and WHEREAS, two recent major incidents , in the cities of Los Angeles and Ontario, involving possession and storage of illegal fireworks, which both involved extremely large caches of fireworks stored at residences have led the City Council to regulate the possession and storage of fireworks; and
WHEREAS, at present , Chapter 8.60 of the City’s Municipal Code does not address residential storage of fireworks; and
WHEREAS, the City now wishes to add a section specifically addressing residential storage of fireworks to Chapter 8.60; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

THE MAYOR AND CITY CO UNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The opening paragraph of Section 8.60.010 of the San Bernardino Municipal Code is hereby amended to read as follows:
“Safe and Sane fireworks as defined in Section 12529 of the Health and Safety Code of the state may be sold, stored, possessed, and discharged within the City

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Ordinance No. MC-1578

subject to the requirements of this Chapter, except that such sale , storage, possession, or discharge shall not be allowed in the areas depicted on a map entitled “Location of Sales and Discharge of Fireworks” on file in the City Clerk’s Office and incorporated herein by reference, a reduced copy of which is attached to this Chapter.

Such areas are designated as follows:”
SECTION 3. Subsection D of Section 8.60.030 of the San Bernardino Municipal Code is hereby amended to read as follows:
“D. Include a copy of applicant’s current 501(c)(3), (4), (5), (6), (8), (10), (19), (20), or 501(d) verification of nonprofit status, or demonstrate t hat it is a non-profit organization, group, association, etc., which is organized primarily for veteran, patriotic, welfare, civic or social betterment (including public or private school clubs, groups, organizations or such other public or private school affiliates), or charitable purposes.” SECTION 4. The opening paragraph of Section 8.60.070 of the San Bernardino Municipal Code is hereby amended to read as follows:
“The license entity, the person(s) who signs the application for the license, and the supervisor or manager on the license present in charge of each fireworks stand shall comply and ensure compliance with the following:”
SECTION 5. Subsection O of Section 8.60.070 of the San Bernardino Municipal Code is hereby amended to read as follows:
“O Each stand shall have a person present and designated as supervisor or manager in charge thereof at all times , who is listed on the license, while fireworks are stored or sold therein. Sleeping or remaining in the stand after close of business each day is forbidden.”
SECTION 6. Subsection P of Section 8.60.070 of the San Bernardino Municipal Code is hereby amended to read as follows:
“P. The sale, use, storage, or possession of fireworks shall not begin before twelve noon on the 1st day of July and shall not continue after midnight on the 4th day of July.”
SECTION 7. Subsection A of Section 8.60.130 of the San Bernardino Municipal Code is hereby amended to read as follows:
“A. It is unlawful for any person, organization, group, association, etc., to sell , use, store, or possess any fireworks except during the time period specified in Subsection P of Section 8.60.070.”

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Ordinance No. MC-1578

SECTION 8. Subsection B of Section 8.60.130 of the San Bernardino Municipal Code is hereby amended to read as follows:
“B. It is unlawful for any person, organization, group, association, etc., to sell , use, store, or possess any fireworks at any time in any of the areas described in Section 8.60.010.”
SECTION 9. Subsection C of Section 8.60.130 of the San Bernardino Municipal Code is hereby amended to read as follows:
“C. It is unlawful for any person, organization, group, association, etc., to store, possess, ignite, explode, project or otherwise fire or use, any fireworks, or permit the ignition, explosion, or projection thereof, except during the period specified in Subsection P of Section 8.60.070.”
SECTION 10. Section 8.60.170 to the San Bernardino Municipal Code is hereby added to read as follows:
“8.60.170 Residential Storage of Fireworks
It is unlawful for any person or persons to store any fireworks inside a residence, garage, or structure on residential property in the City.”
SECTION 11. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 12. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, s entence, clause, or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 13. CEQA. The City Council f inds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 14. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this O rdinance and cause publication to occur in a newspaper of general circulation and publi shed and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

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Ordinance No. MC-1578

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this _____ day of ________, 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

__________________________________
Genoveva Rocha, CMC, City Clerk

Approved as to form:

__________________________________
Sonia R. Carvalho, City Attorney

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Ordinance No. MC-1578

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk , hereby certify that the attached is a true copy of Ordinance No. MC-1578, introduced by the Mayor and City Council of the City of San Bernardino, California, at a regular meeting held the 4th day of May 2022. Ordinance No. MC -1578 was approved, passed, and adopted at a regular meeting held the ___ day of _________, 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______

WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________, 2022.

______________________________
Genoveva Rocha, CMC, City Clerk

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Public Hearing

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: David Green, Interim Chief of Police

Subject: Ordinance Adopting Police Department Policy 705 (Military Equipment Policy) (All Wards)

Recommendation
Introduce, Read By Title Only, and Waive Further Reading of Ordinance No. MC -1579 of the Mayor and City Council of the City of San Bernardino, California, adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481.

Background
AB 481 was enacted to increase transparency, accountability, and oversight surrounding the use and acquisition of military equipment by state and local law enforcement. It requires law enforcement agencies to obtain approval from the legislative bodies that oversee them before purchasing, raising funds for, or acquiring military equipment, by any means. Law enforcement agencies are also required to obtain ap proval by their legislative bodies before collaborating with another law enforcement agency in the deployment or use of military equipment within the law enforcement agency’s jurisdiction, or before using any new or existing military equipment not previously approved.

Under AB 481, a governing body approval must take the form of an ordinance adopting a publicly released, written military equipment use policy, which must address a number of specific topics, including the type, quantity, capabilities, purpos es, and authorized uses of each type of military equipment, the fiscal impact of their acquisition and use, the legal and procedural rules that govern their use, the training required by any officer allowed to use them, the mechanisms in place to ensure po licy compliance, and the procedures by which the public may register complaints. The governing body must consider a proposed military equipment use policy in open session and may only approve a military equipment use policy if it makes various specific fin dings regarding the necessity of the military equipment and the lack of reasonable alternatives.

AB 481 also requires any law enforcement agency that receives approval for the use of military equipment to submit annual reports to the governing body regard ing the use of the equipment, any complaints received, any internal audits or other information about violations of the military equipment use policy, the cost of such use, and other similar 10 Packet Pg. 306
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information.

Discussion
Law enforcement incidents can be unpredi ctable and complex. In order to de -escalate violent and tense situations , at times , special equipment, tools , or resources may be necessary to reduce the possibility of harm to community members, individuals directly involved in the incident , and officers and increase the likelihood of a positive outcome.

Items identified as “military equipment” include, but are not limited to, unmanned aerial (Drones) or ground vehicles, pepper balls, less lethal 40mm projectile launchers and distraction devices. These too ls have been tested in the field and are used to help enhance citizen safety, officer safety , and reduce the need for escalation of force. They are commonly utilized by law enforcement , and their use is considered best practices.

The San Bernardino Police Department (“Department”) has not discovered other reasonable alternatives for these tools that can achieve the same objectives of community member safety and officer safety as these tools are capable of doing.

The mere presence or communicated use of s ome of these tools can help to de - escalate a situation prior to the need to utilize them and some items can be used for other purposes, such as an unmanned aerial vehicle (i.e., drone) for missing persons or interior searches of a building, or a Long -Range Acoustic Device (LRAD) for making announcements during evacuations.

The Department is committed to utilizing equipment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter.

The proposed Ordinance No. MC -1579 and Policy 705, provide for safeguards to the public’s safety, welfare, and civil rights and ensures transparency, oversight and accountability measures are in place. As examples, the Department will be requi red to conduct annual audits of the equipment to ensure compliance with the policy, annually report to City Council the use of this equipment, seek approval prior to purchasing tools deemed to be “military equipment.”

2021-2025 Key Strategic Targets and Goals
The adoption of Police Department Policy 705 aligns with Key Target No. 3: Improved Quality of Life; constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
There is no new fiscal impact associated with the approval of this ordinance, policy, and equipment list. Any future equipment would be subject to approved budgets at the time of acquisition and approval.

Conclusion
Introduce, Read By Title Only and Waive Further Reading of Ordinance No. MC-1579 of the Mayor and City Council of the City of San Bernardino, California, adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 10 Packet Pg. 307
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481.

Attachments
Attachment 1 Ordinance No. MC-1579
Attachment 2 Ordinance No. M C-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment”

Ward: All

Synopsis of Previous Council Actions: N/A
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Ordinance MC-1579
ORDINANCE NO. MC-1579

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING POLICE DEPARTMENT POLICY NO . 705
(MILITARY EQUIPMENT POLICY) , IN ACCORDANCE
WITH ASSEMBLY BILL 481

WHEREAS, the City San Bernardino, California , (“City”), is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c); and
WHEREAS, AB 481 requires adoption of a military equipment policy (“Policy”) by the City Council before the San Bernardino Police Departmen t (“Department”) may take action to request military equipment; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on th e Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and
WHEREAS, once adopted, the Policy will be made publicly available on the Department website for as long as the covered military equipment is available for use; and WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this Ordinance shall be reviewed by the City Council at least annually and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO

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Ordinance MC-1579
ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Findings. Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:

A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. Prior military equipment use complied with the mili tary equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

SECTION 3. Adoption of Military Equipment Policy . The City Council hereby adopts the Policy No. 705, Military Equipment Policy, along with any related Attachments, which are all attached hereto as Exhibit “A.”
SECTION 4. Notice of Adoption. City Clerk of the City of San Bernardino shall certify to the adoption of this O rdinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect phys ical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph , sentence, clause, or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

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Ordinance MC-1579
SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Ordinance MC-1579

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1579, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 4th day of May, 2022 Ordinance No. MC -1579 was approved and adopted at a regular meeting held the XX day of , 2022 by the following vote:

WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

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1 San Bernardino Police Department
SBPD Policy Manual

Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy (“Policy”) is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Bill 481 (“AB 481”). (California Government Code § 7070 et seq.)

705.1.1 DEFINITIONS
Definitions related to this policy (“Policy”) include those provided in Government Code section 7070, and as follows:

1. Governing body – The City of San Bernardino City Council (“City Council”).

2. Military equipment – As defined in Government Code section 7070, Subsections (c)(1) through (c)(16).

705.1.2 MILITARY EQUIPMENT USE POLICY CONSIDERATIONS

1. The military equipment acquired or sought by the San Bernardino Police Department (“Department”):

(a) Is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

(b) Is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

2. Military equipment shall only be used by Department personnel only after applicable training, including any course required by the Commission on Peace Officer Standards and Training has been completed, unless exigent circumstances arise.

705.2 POLICY
Pursuant to California Government Code section 7070, the Department will maintain a copy of the Policy on its website as long as the equipment is in use. It is the Policy of the Department that members of this Department will comply with the provisions of Government Code section 7071 with respect to military equipment.

705.3 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the Policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed Policy is submitted to the City Council and is available on the Department website at least thirty (30) days prior to any public hearing concerning the military equipment at issue.

Policy
705

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Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8903 :
2 The Policy must be approved by the City Council prior to engaging in any of the following:

a) Requesting military equipment made available pursuant to 10 USC § 2576(a).

b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, federal funds, in-kind donations, or other donations or transfers.

c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department.

e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.

f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.

g) Acquiring military equipment through any means not provided above.

705.4 CATALOGING OF MILITARY USE EQUIPMENT
All military use equipment kept and maintained by the Department shall be catalogued in a way which addresses each of the following requirements:

1. Description of each type of military equipment;

2. Quantity sought;

3. Capabilities of the equipment;

4. The expected lifespan of the equipment;

5. The purpose and authorized uses for which the Department proposes to use each type of equipment;

6. The fiscal impact of the equipment, both initially and for ongoing maintenance; and

7. Training including courses required by the Commission on Peace Officer Standards and Training.

705.5 MILITARY EQUIPMENT COORDINATOR
The Chief of Police will designate a member of this Department to act as the military equipment coordinator.

The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this Policy. (b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting; and

2. Preparing for public questions regarding the Department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring the report is made available on the Department website. (g) Establishing a procedure for a person to register a complaint or concern, or how that person may submit a question regarding the use of military equipment, and how the Department will respond

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3 in a timely manner.

705.6 ANNUAL REPORTING AND COMMUNITY ENGAGEMENT
The Chief of Police or authorized designee shall submit an annual military equipment report to the City Council that addresses each type of military equipment possessed by the Department.

1. The Department shall also make each annual military equipment report publicly available on its Internet website for as long as the military equipment is available for use.

2. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

a) A summary of how the military equipment was used and the purpose of its use. b) A summary of any complaints or concerns received concerning the military equipment. c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following the submission of the annual military equipment report.
e) The quantity possessed for each type of military equipment. f) If the Department intends to acquire additional military equipment in the next year and the quantity sought for each type of military equipment.

3. Within thirty (30) days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Department’s funding, acquisition, or use of military equipment.

705.7 ADDRESSING COMPLAINTS AND CONCERNS RELATED TO MILITARY EQUIPMENT Pursuant to California Government Code section 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of specific military equipment in this policy by any of the following
means:

1. Via email to: [email protected]

2. Via phone call to: (909) 384-5742

3. Via mail sent to: San Bernardino Police Department
Attn: Military Equipment Coordinator
710 N. D Street San Bernardino, CA 92401

705.8 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use in accordance with Department policy. Military equipment used by other jurisdictions during mutual aid requests, collaborations, and while conducting operations within this jurisdiction, should comply with their respective military equipment use policies.

705.9 MAINTENANCE OF MILITARY EQUIPMENT SUPPLIES
Based on fluctuating Department responses throughout the year, coupled with ongoing training, stocks of military equipment will be maintained to ensure operational readiness for critical incidents and other significant public safety concerns.

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4 705.10 COMPLIANCE
Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations, or action.

705.11 SBPD EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment owned, sought, or utilized by the Department:

1. Robots
a. Description, capabilities, and purchase cost:

I. Recon Robotics-Throwbot. This equipment is an unmanned, battery powered, remote operated device. The light-duty robot is equipped with a camera and can be remotely operated from hundreds of feet away, providing protection and safety to the operator.

Its stair climbing ability and overall maneuverability allows the robot to search condensed areas. This equipment is generally used during high-risk incidents. Use is limited to members of the Department who have received training. Incidents that may qualify for its use include, but are not limited to, a high- risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk.

Cameras can also help determine if a suspect is armed and can also identify other subjects inside the location in need of assistance, or immediate medical attention.

Cost: $16,000.

II. iRobot Packbot. The iRobot Packbot is like the Throwbot, but is a larger, heavy-duty machine, which is also remotely operated. Cost: $30,000.

III. Transcend Tactical-Vantage Patrol Robot. Similar capabilities as the iRobot Packbot.

Cost: $25,500.
b. Purpose:

To be used to remotely gain visual/audio data, deliver CNT phone, open doors, disrupt packages, and clear buildings.
c. Authorized Use:

Only assigned personnel who have completed the required training shall be permitted to operate the robot. The SWAT team provides internal training for staff. Use is established by the Incident Commander, Watch Commander, or SWAT Supervisor. d. Expected Lifespan:
8-10 years
e. Fiscal Impact:

Estimated annual maintenance cost is approximately $500. f. Legal and Procedural Rules:

It is the policy of the Department to utilize robots for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

2. Unmanned Aerial Vehicles (“UAV”)

a. Description, capabilities, and purchase cost:

I. DJI Mavic 2 Enterprise. This miniature UAV is a battery-powered, remote- operated device that weighs approximately 249 grams and can record video and audio with approximately 30 minutes of flight time depending on weather and flight conditions.

The UAV allows operators to view a live feed or take still photographs from mounted cameras. Cost: $2,500.

II. DJI Phantom 4 2.0. This UAV is a battery-powered, remote-operated device that weighs approximately 899 grams. It is equipped with an inferred camera with

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5 recording capability, a spotlight, and an audible speaker with approximately 30 minutes of flight time depending on weather and flight conditions. Cost: $2,200.

III. AARDVARK-Loki-MK2-UAVSDS-EU. This UAV is a battery-powered, remote- operated device that weighs approximately 508 grams. It is intended for close quarter, indoor and outdoor tactical scouting missions, and features a highly sensitive Night- Day + IR sensor camera giving it the ability to fly and see in complete darkness. It has a rapid deploy feature which can be hand thrown, for exigent circumstances requiring a quick deployment. The UAV can record video and audio for up to six hours when perched and has approximately 60 minutes of flight time depending on weather and flight conditions. Cost: $9,500.

b. Purpose:

UAVs may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

I. Major traffic collision investigations;
II. Search and rescue operations;
III. Suspect apprehension;
IV. Natural disaster management;
V. Crime scene photography;
VI. Hazard monitoring;
VII. Tactical or other public safety and life preservation missions; VIII. In response to specific requests from local, state, and federal fire; authorities for fire response and/or prevention;
IX. Crisis communications; and
X. Legally authorized surveillance.
c. Authorized Use:

Only assigned personnel who have completed the required training shall be permitted to operate the UAVs during approved missions. All UAV operators are licensed by the Federal Aviation Administration for UAV operation. Prior to piloting any UAV, personnel must secure a FAA Remote Pilot License and complete all training required by our FAA COA.
d. Expected Lifespan:
5 years
e. Fiscal Impact:

Estimated annual maintenance and battery replacement cost is approximately $1,200. f. Legal and Procedural Rules:

Use is established under Department Policy Manual Section 319. Any use of UAVs will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAVs potentially involves privacy considerations. Operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy. Operators and observers should take reasonable precautions to maintain privacy when operating UAVs. Reasonable precautions can include deactivating or turning imaging devices away from such areas or persons during UAV operation.

3. Armored Rescue Vehicles
a. Description, capabilities, and purchase cost:
2010 Lenco Armored Rescue Vehicle (“ARV”). The ARV is designed to provide ballistic protection during tactical events (designed to withstand various projectiles, low-level explosions, and provides greater safety for citizens and officers beyond the protection of a

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6 shield or body armor). The ARV is equipped with nuclear/radiological detection devices, self-contained breathing apparatus, and explosive gas detection devices. The ARV is also equipped with emergency lights/siren and a public address system. Common uses for the ARV include citizen and officer rescues, evacuations, deployment of officers during tactical situations, riots, vehicle borne interventions, and in the event of an active shooter or similar emergency. The ARV is currently deployed at large events in the City of San Bernardino, generally out of public view for potential rescue operations. The ARV is a regional mutual- aid asset that can be requested, deployed to, and utilized by allied agencies in the region.

The asset was obtained via federal grant. Cost: $306,175. b. Purpose:

To be used for rescues to enhance officer and community safety, improve scene containment, stabilization, transport personnel during tactical operations, and assist in resolving critical incidents.
c. Authorized Use:

The deployment of the ARV is based on specific circumstances of a given incident or tactical operation. The ARV should only be operated by personnel familiar with the equipment unless exigent circumstances arise.
d. Expected Lifespan:
20-25 years.
e. Fiscal Impact:

Estimated annual maintenance cost is approximately $1,500. f. Legal and Procedural Rules:

It is the policy of the Department to utilize armored rescue vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

4. Mobile Incident Command and Control Vehicles (“Mobile Command Post”) a. Description, capabilities, and purchase cost:
2001 BlueBird custom-built vehicle. The vehicle is a two-axle bus style vehicle with a front door and a rear door. It is painted black and white with police graphics affixed to the body.

The equipment housed in the vehicle includes, but is not limited to, mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, miscellaneous office supplies, tabletops, chairs, and other miscellaneous storage. The vehicle is capable of being used as a mobile operation command post and dispatch center and is equipped with a restroom for long operations in remote areas. The vehicle is also capable of transporting personnel and equipment. The mobile command vehicle is used as an auxiliary command vehicle during major incidents. The asset was obtained via a CLETEP grant from the Office of Criminal Justice Planning. Cost: $242,000. b. Purpose:

To be utilized for critical incidents and large-scale events. c. Authorized Use:

This mobile incident command and control vehicle will used by police personnel who have been properly trained in the safe handling of the vehicle. The driver of this vehicle shall have a valid commercial driver’s license. d. Expected Lifespan:
25 years.
e. Fiscal Impact:

Annual maintenance cost of approximately $2000
f. Legal and Procedural Rules:

It is the policy of the Department to use mobile incident command and control vehicles for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

5. Mobile Incident Command and Control Vehicles (“RIMA”)

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7 a. Description, capabilities, and purchase cost:
2019 Freightliner Chassis custom-built vehicle (Regional Incident Management Apparatus). The vehicle is primarily used by the Crisis Negotiation Team (“CNT”). It can operate as a mobile command dispatch center during natural disasters, large-scale operations, and community events. The equipment housed in the vehicle includes, but is not limited to, mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, CNT throw phones and associated equipment, office supplies, tabletops, chairs, and other miscellaneous storage. The vehicle is a regional mutual-aid asset that can be requested and utilized by allied agencies in the region. The asset was obtained via UASl grant. Cost: $334,000. b. Purpose:

To be used during critical incidents, large operations, natural disasters, or community events. c. Authorized Use:

This mobile incident command and control vehicle will used by police personnel who have been properly trained in the safe handling of the vehicle. The driver of this vehicle shall have a valid a driver’s license. d. Expected Lifespan:
20 years
e. Fiscal Impact:

Estimated annual maintenance cost is approximately $1,500 f. Legal and Procedural Rules:

6. Mobile Incident Command and Control Vehicles (“SWAT VAN”) a. Description, capabilities, and purchase cost:
2008 Freightliner Chassis Utility Master custom built vehicle by Braun Northwest. This vehicle is primarily used by the Special Weapons and Tactics team (“SWAT”). The vehicle is used to transport SWAT personnel and equipment. The equipment housed in this vehicle includes, but is not limited to, manual breaching tools, weapons, ammunition, robots, unmanned aerial vehicles, less lethal launchers and munitions, tear gas, water, lighting, and a power generator. The asset was obtained via Homeland Security grant funds. Cost:
$132,964.
b. Purpose:

To be utilized for critical incident callouts.
c. Authorized Use:

This mobile incident command and control vehicle will used by police personnel who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid driver’s license.
d. Expected Lifespan:
20 years
e. Fiscal Impact:

Estimated annual maintenance cost is approximately $1,500 f. Legal and Procedural Rules:

7. Specialized Firearms and Ammunition
a. Description, capabilities, and purchase cost:

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8 I. Beretta Tikka T3X TAC A1, .308 WIN, bolt action sniper rifle with magnified scope. The rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks. Cost: $1,395.

II. Hornady TAP (Tactical Action Police), .308 WIN, 168 grain sniper rifle ammunition. Cost: $6,250.

III. Hornady TAP (Tactical Action Police), .308 WIN, 165 grain GMX sniper rifle ammunition heavy barrier penetrator. Cost: $1,140.
b. Purpose:

To be used as precision weapons, at greater distances, with additional accuracy and performance. The rifle(s) gives the operator more effective options in addressing the increasing level of firepower and body armor used by criminal suspects.

c. Authorized Use:

Beretta Tikka T3X TAC A1, .308 WIN, bolt action sniper rifle is reserved for qualified SWAT personnel who have completed a POST basic sniper course, followed by monthly competency training and function testing. Officers may deploy the rifles in any circumstances where the officer can articulate a reasonable expectation that the rifle may be needed.

Examples of general guidelines for deploying rifles may include but are not limited to:

I. Situations where the officer reasonably anticipates and armed encounter II. When an officer is faced with a situation that may require accurate and effective fire at long-range
III. Situations when officer reasonably expects the need to meet or exceed a suspect’s firepower
IV. When an officer reasonably believes there may be a need to fire on a barricaded person or a person with a hostage
V. When an officer reasonably believes that a suspect may be wearing body armor
VI. When authorized or request by supervisor
d. Expected Lifespan:

I. Beretta Tikka T3X TAC A1, .308 bolt action sniper rifle – No expiration II. Hornady TAP .308 WIN, 168 grain – No expiration
III. Hornady TAP .308 WIN, 165 grain GMX – No expiration e. Fiscal Impact:

I. Rifles – Annual maintenance costs are estimated between $1,000 to $3,000. Most maintenance is performed by Department staff.

II. The ongoing costs for ammunition will vary depending on usage, inventory, and market price based on current demand/availability. f. Legal and Procedural Rules:

Use is established under the Department Policy Manual Section 432. It is the policy of the Department to utilize rifles and associated ammunition only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

8. Diversionary Devices
a. Description, capabilities, and purchase cost:

A Noise Flash Diversionary Devices (NFDD), or Light Sound Diversionary Device (LSDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. They are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescues, room entry, or

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9 other high-risk arrest situations. Diversionary devices produce atmospheric over-pressure and brilliant white light, which as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

I. Defense Technology, 8925 multi-port, multi-bang diversionary device. Cost: $52.

II. Combined Tactical Systems, 7290M, mini diversionary device. The mini exhibits all the same attributes of the 8925 but comes in a smaller, lighter package. Cost: $49, quantity: (50).

III. Defense Technology, 8933, single-port diversionary device. Cost: $62. b. Authorized Use:

Only officers who have completed divisionary device training that is conducted by a POST certified instructor will be authorized to deploy these devices.

Diversionary Devices are generally used:

I. In hostage and barricaded subject situations.

II. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.

III. During other high-risk situations where their use would enhance officer safety.

IV. To produce humane fright for potentially dangerous animals encountered.

c. Expected Lifespan:

I. 8925 – 5 years
II. 7290 – 5 years
III. 8933 – 5 years
d. Fiscal Impact:

I. No annual maintenance. Costs for diversionary devices will vary depending on usage and inventory. Estimated cost is generally between $500-$3,000 annually.

e. Legal and Procedural Rules:

It is the policy of the Department to utilize diversionary devices only for official law enforcement purposes, and pursuant to State and Federal law.

9. Tear Gas
a. Description, capabilities, and purchase cost:

Chemical agent munitions and canisters, which are commonly referred to as “tear gas”.

The Department deploys two chemical agents which are used by law enforcement agencies across the United States: CS (2-hlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum).

CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow).

OC was deregulated in California in 1996 and is available to civilians to legally possess (2.5 oz or less). OC is an inflammatory agent which causes temporary involuntary closure of eyes and respiratory inflammation which generally subsides after several minutes.

I. 1026 – Defense Technology, Tripple -Chaser Separatin g Canister CS. The Triple-Chaser CS Canister consists of three separate canisters pressed together with ability to separate when deployed. When deployed, the canisters separate and land approximately (20) feet apart, allowing increased area

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10 coverage in a short period of time. The canister can be hand deployed or launched from a delivery system. The canister is (6.5) inches by (2.7) inches and holds approximately (92) grams of agent. The device has an approximate burn time of (20) to (30) seconds. Cost: $52.00.

II. 1072 – Defense Technology, Spede-Heat, Continuous Discharge Canister. The Spede-Heat CS Canister is a high-volume continuous burn device and expels the agent for approximately 20-40 seconds. The agent is dispersed through four ports on top of the canister, three on the side, and one on the bottom. The device can be hand deployed or launched and measures (6.12) inches by (2.62) inches. The canister holds approximately (81.2) grams of agent. Cost: $33.00.

III. 1092 – Defense Technology, Han-Ball, CS. The Han-Ball CS is an outdoor use device expelling the agent in approximately 15-20 seconds. The rubber ball device has an overall size of (4.8) inches tall (including the fuze head) and a diameter of (3.1) inches. The device holds approximately (45.4) grams of agent which is expelled through three ports around the equator of the ball. Cost: $40.00 quantity:
(100).

IV. 1087– Defense Technology, Stinger, Rubber Balls. The Stinger Rubber Balls device delivers three stimuli for psychological and physiological effects: rubber balls, light, and sound. The device is used to deliver .60 caliber rubber balls with the stimuli of bright light and sound. It is widely used as a riotous crowd management tool by law enforcement and corrections. The device has an initial (1.5) second delay that initiates a fuse assembly separation, followed by another (0.5) second delay before the function of the device. Cost: $53.00, quantity: (100).

V. 1088 – Defense Technology, Stinger, CS. The Stinger CS device delivers four stimuli for psychological and physiological effects: rubber balls, light, sound, and CS.

The device is used to deliver .60 caliber rubber balls with the stimuli of light, sound, and agent. It is widely used as a riotous crowd management tool by law enforcement and corrections. The device has an initial (1.5) second delay that initiates a fuse assembly separation, followed by another (0.5) second delay before the function of the device. The device holds approximately (2) grams of agent.

Cost: $56.00.

VI. 2042 – Defense Technology, Flameless Expulsion, CS. The Flameless Expulsion, CS is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without the risk of fire. It is safe to use indoors, and the contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. The device measures approximately (7.5) inches by (1.65) inches and delivers approximately (4.5) grams of agent during its three second discharge time. Cost: $49.00, quantity: (50).

VII. 2040 – Defense Technology, Flameless Expulsion, OC. The Flameless Expulsion, OC is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without the risk of fire. It is safe to use indoors, and the contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. The device measures approximately (7.5) inches by (1.65) inches and delivers approximately (4.5) grams of agent during its three second discharge time. Cost: $50.00, quantity: (30).

VIII. 1083 – Defense Technology, Military-Style Maximum HC, Smoke Canister. The Military-Style Maximum HC Smoke Canister is a slow burning, high volume,

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11 continuous discharge device designed for outdoor use to signal, obscure, distract, direct movement, and carry other chemical agent through the air. The steel canister emits grey-white smoke for approximately (1.5) to (2) minutes. Cost: $39.00.

IX. 1073 – Defense Technology, Large Style Maximum HC Smoke. Like the 1083 Military-Style Maximum HC Smoke Canister except for the steel canister and slight size difference. The Large-Style Maximum HC Smoke Canister is a slow burning, high volume, continuous discharge device designed for outdoor use to signal, obscure, distract, direct movement, and carry other chemical agent through the air.

The canister emits grey-white smoke for approximately (1.5) to (2) minutes. Cost:
$42.00.

X. 1262 – Defense Technology, Ferret 40mm Round, CS Liquid. The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small amount of agent inside of a structure or vehicle.

The round is used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous individuals. The round contains (8) grams of agent. Cost: $25.00.

XI. 2262 – Defense Technology, Ferret 40mm Round, CS Liquid barricade penetrator.

The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small amount of agent inside of a structure or vehicle. The round is used to dislodge barricaded subjects from confined areas.

Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous individuals. The round contains (8) grams of agent. Cost: $25.00.

XII. 5230B – Combined Tactical Systems, Baffled CS Canister. The Baffled CS Cannister is a continuous burning device which delivers approximately (23.5) grams of agent and measures (6.2) inches in length and (2.6) inches in diameter. The device is designed for indoor use and can deliver agent throughout multiple rooms with minimal risk of fire. The canister can be launched or hand deployed. The device is commonly used by tactical teams to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous individuals. Cost: $50.00.

XIII. 1210 – The 12-Gauge Muzzle Bang/Launching Cartridge incorporates an opaque shell and uses black powder as the propellant. It can be used alone as a muzzle bang for crowd management but is primarily used to launch chemical agents when paired with a 12-gauge less lethal shotgun and Combined Tactical Systems launching cup. Cost: $7.00.
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:

I. Self-destructive, dangerous and/or combative individuals II. Riotous crowd control
III. Barricaded and/or armed individuals
IV. Circumstances where a tactical advantage can be obtained

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12 V. Potentially vicious animals
c. Authorized Use:

Only officers who have received POST certification in the use chemical agents are authorized to deploy chemical agents.
d. Expected Lifespan:

I. 1026 – 5 years
II. 1072 – 5 years
III. 1092 – 5 years
IV. 1087 – 5 years
V. 1088 – 5 years
VI. 2042 – 5 years
VII. 2040 – 5 years
VIII. 1083 – 5 years
IX. 1073 – 5 years
X. 1262 – 5 years
XI. 2262 – 5 years
XII. 5230B– 5 years
XIII. 1210 – 5 years

e. Fiscal Impact:

No annual maintenance. Annual costs vary significantly depending on usage and inventory. f. Legal and Procedural Rules:

Use is established under Department Policy Manual Section 308. They are to be used as an intermediate level of force.

10. Projectile Launch platforms and associated munitions (PepperBall Launching System) a. Description, capabilities, and purchase cost:

A less lethal launcher system that uses high pressure air to deliver projectiles (similar to a paintball delivery system). The system is designed to assist law enforcement in a variety of encounters. The PepperBall launching system can provide effective results from distances up to 150 feet. The Pepperball launcher provides a lightweight modular option for law enforcement, while also providing a multiple feeding system for different styles of deployment and encounters. This less lethal option allows law enforcement officers to deliver chemical agents and kinetic energy impacts to suspects in a potentially violent encounter. It is a de- escalation tool used to minimize injuries and reduce the chance of lethal encounters. The range of the launching system creates a barrier between officers and dangerous individuals, reducing the immediacy of the threat, which is a principal of de-escalation.

I. Tippman PepperBall launching system, TX model. Cost: $591.

II. PepperBall Live-X projectile. Cost: $244/375 rds.

III. PepperBall Inert projectile. Cost: $323/375rds.
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. To provide law enforcement with a less lethal option to assist in resolving critical incidents. Situations for use of the less lethal weapon systems may include but are not limited to:

I. Self-destructive, dangerous and/or combative individuals.

II. Riotous crowd control
III. Circumstances where a tactical advantage can be obtained.

IV. Potentially vicious animals.

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13 c. Authorized Use:

Only personnel certified as having completed department-approved training on the use of PepperBall launching systems will be allowed to deploy the system. d. Expected Lifespan:

I. PepperBall Launcher: No expiration
II. Live-X Projectile: 3 years
III. Inert Projectile: 3 years
e. Fiscal Impact:

I. PepperBall Launcher: Estimated between $0 and $100 annually II. Live-X Projectile: Estimated between $0 and $500 annually III. Inert Projectile: Estimated between $0 and $325 annually

Legal and Procedural Rules:

Use is established under Department Policy Manual Section 308.7.2. It is the policy of the Department to utilize PepperBall launching systems only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

11. Projectile Launch platforms and associated munitions (40mm system, 12-Guage less lethal shotgun) a. Description, capabilities, and purchase cost:
40mm and 12-Guage launching systems are less lethal options which allow law enforcement officers to deliver chemical agents and kinetic energy impacts to suspects in a potentially violent encounter. It is a de-escalation tool used to minimize injuries and reduce the chance of lethal encounters. The range of the launching system creates a barrier between officers and the suspect, reducing the immediacy of the threat, which is a principal of de-escalation.

I. Defense Technology, 40mm, single-shot launcher, #1425. The 40mm less lethal launching system uses smokeless powder to deliver 40mm projectiles from a safe distance. Cost: $1,000.

II. Defense Technology, 40mm, tactical multi-shot launcher, #1440. The launcher is a low profile and lightweight system which provides multi-shot capability. Cost:
$1,975.

III. Penn Arms 40mm, multi-shot launcher, pump advance version, PGL65, double action, 6-shot capability with an adjustable stock. Cost: $2,250.

IV. Defense Technology, 40mm Exact Impact sponge munition, #6325. A less lethal lightweight plastic and foam projectile fired from a single or multi-shot 40mm launcher. The 30-gram foam projectile delivers 120 foot-pounds of energy on impact at 325 feet per second. The munition provides accurate and effective performance when fired from the approved distances (no less than 5 feet and up to 130 feet from the target). Cost: $18.

V. Remington 870 less lethal shotgun. The dedicated less lethal lunching system with an easily identifiable bright orange stock, used to deploy a 12-gauge drag stabilized beanbag munitions up to 75 feet. Cost: $946.

VI. Defense Technology 12-Guage Drag Stabilized beanbag munition #3027. A less lethal 2.4 inch, 12-gauge shotgun munition, firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270 to 290 feet per second. Cost: $5. b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

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14 c. Authorized Use:
40mm and 12-Gauge less lethal shotgun launching systems are authorized for use by police personnel who have completed the required Department training. Situations for use of the less lethal weapon systems may include, but are not limited to:

I. Self-destructive, dangerous and/or combative individuals II. Riotous crowd control
III. Circumstances where a tactical advantage can be obtained IV. Potentially vicious animals
d. Expected Lifespan:

I. 40mm Launcher #1425: No expiration
II. 40mm Launcher #1440: No expiration
III. 40mm Sponge Round #6325: 5 years
IV. Remington 870 dedicated less lethal shotgun: No expiration V. Defense Technology 12-Gauage drag stabilized beanbag: No expiration e. Fiscal Impact:

I. 40mm Launchers: Estimated maintenance between $0 and $500 annually II. 40mm #6325 Sponge Round: Estimated between $0 and $1,000 annually III. Remington 870 dedicated less lethal shotgun: Estimated maintenance between $500 and $1,500 annually
IV. Defense Technology 12-Gauage drag stabilized beanbag: Estimated between $0 and $1,500 annually
f. Legal and Procedural Rules:

Use of kinetic energy projectiles and chemical agents is established under Department Policy Manual Section 308. It is the policy of the Department to utilize kinetic energy projectiles for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

12. Long Range Acoustic Device (LRAD)
a. Description, capabilities, and purchase cost:

A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

I. LRAD 100x Mag- HS Wireless Kit. Self-contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD 100X ensures voice messages are clearly heard and understood. LRAD’s optimized driver, waveguide, and power efficiency technologies enable the LRAD 100X to provide several hours of clear, continuous communication from a single battery charge. Cost: $16,455.

II. LRAD 300x-RE. A long, medium, and near-range acoustic hailing device to warn and communicate to crowds, individuals, and potential vehicle/vessel threats over distances up to 3,000 meters. These acoustic devices broadcast warnings and can determine the intent of potential threats. Cost: $12,000.

III. LRAD 500x-RE. A compact, lightweight LRAD designed for applications ranging from fixed security installations to mid-sized vehicles and vessels, the LRAD 500X-RE easily mounts and transports to provide law enforcement personnel unparalleled long-range communication and safe, scalable non-kinetic escalation of force. Cost: $9,500. b. Purpose:

To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects, K9 deployments, etc.).

The LRAD may also be used to issue a warning tone.
c. Authorized Use:

The LRAD should only be used by officers trained in its deployment.

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Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8903 :
15 d. Expected Lifespan:
25 years
e. Fiscal Impact:

No annual maintenance
f. Legal and Procedural Rules:

Use of the LRAD is for official law enforcement purposes and will be used according to applicable State and Federal law.

13. Explosive Breaching Tools
a. Description, capabilities, and purchase cost:

Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive breaching effectively reduces the time spent overcoming fortified gates, doors, locks, and structures. The reduction in time in mitigating a hardened structure increases officer safety during high-risk operations and increases the safety of civilians during hostage rescue situations.

I. Remington 870 Express, 12-guage breaching shotgun. The system is a lightweight, tube fed, pump operated, shoulder fired weapon. It has a 15-inch breaching barrel and is used exclusively for breaching applications. Cost: $1,000.

II. Defense Technology, TKO 12-guage breaching munitions. The 12-Gauge shell is loaded with a compressed zinc slug and utilizes smokeless power as the propellant.

The round is used for defeating door lock mechanisms, doorknobs, hinges, dead bolts, safety chains, and pad locks. Upon impact the zinc slug disintegrates into a fine powder eliminating fragmentation. Cost: $7.00.

III. Royal Arms, MB-70S, 12-guage, muzzle blast, flash bang soft. The 12-Gauge shell loaded with light media powder and no hard wads. The round can be used for less lethal / diversionary applications and is 170 db. The round is also used for breaching windows, sliding glass doors, vehicle windows, light wooden doors, and interior doors.

Cost: $6.00, quantity: (100).

IV. Royal Arms, FB-82H, 12-guage, 82 grain flash, flash bang hard. The12-Gauge shell loaded with compressed powder and two hard fiber wads. The round can be used for diversionary applications and is 185 db. The round is also used for breaching solid wood doors, light steel doors, sliding glass doors, vehicle windows, and can be used in crawl spaces. Cost: $5.00, quantity: (100).

V. Royal Arms, TESAR-5, blue cap, 500 grain, copper frangible. The 12-Gauge 500 grain round is loaded with a copper powder slug. The round can be used to breach metal doors, heavy locks, cross bolts, and heavy hinges (steel doors on steel frames). The round has an average velocity of 1450 feet per second (FPS). Cost: $6.00, quantity:
(100).

VI. Royal Arms, TESAR-4, yellow cap, 750 grain, copper frangible. The 12-Gauge 750 grain round is loaded with copper and S-70 steel shot. The round can be used to breach heavy class 3 steel doors, heavy locks, and heavy hinges. The round has an average velocity of 1285 feet per second (FPS). Cost: $6.00, quantity: (100).

VII. Royal Arms, TESAR-2, black cap, 425 grain, copper frangible. The 12-Gauge 425 grain round is loaded with a copper powder slug. The round can be used to breach metal doors, solid oak doors, heavy locks, dead bolts, and hinges. The round has an average velocity of 1525 feet per second (FPS). Cost: $5.00, quantity: (100).

VIII. Royal Arms, TESAR-1, orange cap, 275 grain, copper frangible. The 12-Gauge 275

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16 grain round is loaded with a compressed copper frangible slug. The round can be used to breach solid wood doors, hollow wood doors, locks, and hinges. The round has an average velocity of 1750 feet per second (FPS). Cost: $5.00, quantity: (100)

IX. Royal Arms, HP cutter, 12-guage, hollow point, rebar cutter. The 12-gauge 450 grain round is loaded with a hardened chromoly steel slug. The round can be used to cut rebar, penetrate security glass, penetrate vehicle doors, and disable vehicle engine blocks. The round has an average velocity of 1400 feet per second (FPS). Cost:
$6.00, quantity: (100).

b. Purpose:

To expedite entry into fortified structures, locations, and vehicles. The breaching shotgun in conjunction with a breaching round is designed to gain entry quickly and safely in most cases during a search, arrest, or rescue.
c. Authorized Use:

Use of breaching munitions are authorized for use by SWAT personnel who have completed the required Department training.
d. Expected Lifespan:

I. Remington 870 Express breaching shotgun – No expiration II. All breaching ammunition – 5 years
e. Fiscal Impact:

Annual maintenance for the shotgun is completed by Department staff at an estimated cost of $0 to $100.
f. Legal and Procedural Rules:

It is the policy of the Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

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Public Hearing

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works

Subject: Continue the Public Hearing on the Vacation of a Portion of “I” Street (Ward 3).

Recommendation
It is recommended that the Mayor and City Council continue the public hearing on the Vacation of a portion of “I” Street between Spruce Street and Olive Street, and a p ortion of “J” Street at its intersection with 17th Street and 21st Street and reservation of utilities therein until May 18, 2022, at 7:00 p.m.

Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of a street and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The st reet vacation is then recorded with the County Recorder’s office.

The Burlington Northern Santa Fe (BNSF) Ono Lead Track Extension Project (“Project”) proposes to install a fourth lead track extending the existing BNSF San Bernardino Intermodal Facility ( SBD Intermodal) lead track to tow existing Ono Storage Sidings.

The project would involve construction of a fourth lead track within/along approximately

4.3 miles of an existing BNSF corridor generally from the BNSF overpass at State Street/University Park way on the north to the existing SBD Intermodal at West 5th Street on the south. The proposed Project would close the existing gap between the two existing Ono Storage Sidings, creating a continuous lead track and improving the flow of trains in and out of the BNSF yard.

The Project does not propose to increase rail line operations. Instead, it would improve the Yard’s operational efficiency by reducing train congestion along the existing lead 11 Packet Pg. 329
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tracks and reducing train idling, as they wait to enter/exit the yard.

On January 11, 2022, the Planning Commission of the City of San Bernardino, California, adopted Resolution No. 2022 -004-PC, recommending, to the Mayor and City Council of San Bernardino, the certification of the Final Environmental Impact Report (California State Clearinghouse Schedule No. 20201030193), the adoption of the findings of fact and the mitigation monitoring and reporting program under the California Environmental Quality Act, and the approval of the real property street vacation

15.30.434 for the proposed BNSF Ono Lead Track Extension Project.

As part of the Ono Project, BNSF has requested that the City approve the vacation of “I” Street and “J” Street as follows:

• Portion of “I” Street between Spruce Street and 6th Street • Portion of “I” Street between 6th Street and 7th Street • Portion of “I” Street between 7th Street and 8th Street • Portion of “I” Street between 8th Street and 10th Street • Portion of “I” Street between 10th Street and 11th Street • Portion of “I” Street b etween 11 th Street and Home Avenue and between Home Avenue and 14th Street
• Portion of “I” Street between 10 th Street and 11th Street and 10th Street and Olive Street
• Portion of “J” Street where it intersects with 17 th Street and 21 st Street between Turrill Avenue and Existing Railroad ROW, 10th Street and Olive Street

Discussion
On March 16, 2022, the Mayor and City Council adopted a Resolution of Intention setting the date, time, and place of the public hearing as May 4, 2022, at 7:00PM at 555 West 6th Street, San Bernardino, California in the City Council Chambers. At this time, staff requires additional time to prepare the item for Council consideration. Accordingly, staff is recommending the public hearing be continued to May 18, 2022, at 7:00 p.m. at 555 West 6th Street, San Bernardino, California, in the City Council Chambers.

2021-2025 Strategic Targets and Goals
This project is consistent with Key Target 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.

Fiscal Impact
There is no fiscal impact to the city. The applicant has submitted fees in the amount of $8,160 to cover the cost of the vacation procedures.

Conclusion
It is recommended that the Mayor and City Council continue the pu blic hearing on the Vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion 11 Packet Pg. 330
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of “J” Street at its intersection with 17th Street and 21st Street and reservation of utilities therein until May 18, 2022, at 7:00 p.m.

Attachments
None

Ward: 3

Synopsis of Previous Council Actions:

March 16, 2022 The Mayor and City Council of the City of San Bernardino, California, adopted Resolution 2022 -64, declaring its intent to conduct a public hearing to order the vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17 th Street and 21 st Street and the reservation of utilities therein.
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Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Genoveva Rocha, City Clerk

Subject: Approval of the Mayor and City Council Meeting Minutes

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the following meeting minutes:

1. February 16, 2022, Draft Regular Meeting Minutes

2. March 2, 2022, Draft Regular Meeting Minutes

3. March 16, 2022, Draft Regular Meeting Minutes

4. March 31, 2022, Draft Special Meeting Minutes
12 Packet Pg. 332

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

DRAFT 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, FEBRUARY 16, 2022
5:30 PM

The Regular Meeting of the Mayor and Ci ty Council of the City of San Bernardino was called to order at 5:30 PM by Mayor Valdivia on Wednesday, February 16, 2022, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 5:35 PM 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 5:40 PM
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present

Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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CLOSED SESSION PUBLIC COMMENT
There were no public comments for Closed Session.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
a. Melissa Arriaga v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1920766
b. Elmira Balasanyan v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS2012677
c. Jesus Ortiz Paz v. County of San Bernardino, et al. , United States District Court Case No. 5:20-cv-01486-JGB-KK
d. Patricia Wolf v. City of San Bernardino, et al. , San Bernardino Superior Court Case No. CIVSB2119310

B) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code Section 54957):

Title: City Manager

The Regular Meeting was called to order at 7:01 PM.

Mayor Valdivia announced the observation of a m oment of si lence for Jose Reynos o, Council Member Reynoso’s father who recently passed away.

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Greg McNair from All Nations Church led the invocation and Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City A ttorney Sonia Carvalho stated there was no reportable action from Closed Session.

CITY MANAGER UPDATE
City Manager Rob Field provided city -wide updates to the Mayor and City Council , including Public Works projects, Animal Shelter updates, traffic enforcement action, and the Candidate Nomination period for the June 7, 2022 Primary Election.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS The Mayor and City Council provided updates to the community on upcoming events, past meetings and events attended. Items of note included “ Thank Yous” to commissioners, community members, and city staff, Black History Month celebrations, and the upcoming Homeless Point in Time count.

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PRESENTATIONS

1. BIG BROTHERS BIG SISTERS OF THE INLAND EMPIRE (ALL WARDS) Recommendation
Big Brothers Big Sisters of the Inland Empire would like to update the City of San Bernardino on current partnerships and the impact mentoring has on the youth of the City. The presentation to the Mayor and City Council includes an update on:
 Programs and services offered to youth;
 Evidence Based Impact;
 Return on Investment (ROI) to the City; and
 Specifically, this year, mentoring in a pandemic.

Marvin Espinoza, Director of Programs and Community Partners hips, provided a presentation to the Mayor and City Council.

2. City of San Bernardino Unhoused Pilot Program (All Wards) City Manager Field announced that the Unhoused Pilot Program presentation was being continued to a future date.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Paula Plunk , San Bernardino, addressed Council Member Calvin and City Manager Field regarding the shooting that occurred over the weekend and the safety of the community. She reminded the community to vote on June 7, 2022.

Bill Blankenship, NAIOP Inland Empire Chapter, spoke in opposition of a warehouse moratorium. He stated a moratorium would negatively affect jobs, property taxes, and revenue for the city.

Kathryn Lopez, Ward 6 resident, spoke in support of a warehouse moratorium. She is appreciative of Councilwoman Calvin for listening to her constituents. She also supports Christian Shaughnessy, who is running for the 4th Ward Council seat.

Darby Osnaya, San Bernardino, commented in support of a warehouse moratorium.

He stated that the warehouse industry is damaging the environment and the laborers are underpaid.

Robert Porter, San Bernardino, spoke on the importance on preserving the history of the city. He asked the council to notify the Arts and Historical Preservation Commission regarding historical buildings and to offer the commission grant funds.

Harry Hatch , Ward 7, spoke about the right to vote and overturning the veto of th e mayor. He also talked about a fireworks ordinance he proposed. He e ncouraged the council to look at the ordinance and enforce the administrative penalties.

Russell Degnan, CEO of Operation New Hope, thanked Councilwoman Calvin for her visit to his organization. He spoke about the positive movement the Youth Reinvestment Program has done for the youth and the city.

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Mayor and City Council of the City of San Bernardino Page 4 Printed 4/5/2022 Elba Cordoba , San Bernardino, spoke in S panish with an English interpreter , in support of a warehouse moratorium for cleaner air and cleaner streets.

Dolores Armstead, San Bernardino, spoke in support the changes made to the public hearing notifications, and requested staffing assistance for council members.

Elia Ramirez, San Bernardino, spoke in Spanish with an English interpreter, in support of a warehouse moratorium. She also stated that the city needs better jobs to help the youth.

Mari Carmen Gonzalez, San Bernardino, spoke in Spanish with an English interpreter in support of a warehouse moratorium. She expressed that the air quality of the city is affecting the health of the community.

Alondra Mateo, City of Highland, commented in support of a warehouse moratorium.

She said that trucks are damaging the health of the community and city roads.

Jose Jimenez , San Bernardino, asked the Mayor and C ity C ouncil members to put their constituents’ health first by voting in favor of a warehouse moratorium.

Helen Tran, San Bernardino, inquired as to why an item to eliminate an elected Mayor is being considered, because the City has been voting for a Mayor for over 100 years.

She suggested that the proposed chart er amendment was due to issues with current leadership.

James Penman , San Bernardino, stated that if he is elected Mayor, he will fix the warehouse problem. He said that the people of the City do not want to give up their right to vote for a Mayor.

Marisol Al varez, San Bernardino, expressed that she has tried to reach Mayor Valdivia by phone and has been unsuccessful. She believes the Mayor lacks integrity, and she supports Jim Penman for Mayor in the next election.

Judith Valles, Former Mayor of San Bernard ino, urged the City Council to vote “no” on the proposed charter amendment to eliminate the position of elected Mayor . She stated that Mayor is an important role and should not be diminished.

Frank Audi , San Bernardino, spoke about his experience with the San Bernardino Police and having his vehicle towed from his condominium complex.

Orlando Garcia, San Bernardino, spoke in opposition of a warehouse moratorium. He also stated that the standard for these types of warehouse jobs should be elevated.

Delshawn McClellan , San Bernardino, stated that he is against a warehouse moratorium. He stated that i f a moratorium passes, it would stop growth in the community.

Jeffrey Scott, San Bernardino, commented in opposition of a warehouse moratorium.

He stated that a moratorium would keep jobs away from the community and contribute to homelessness.

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Mayor and City Council of the City of San Bernardino Page 5 Printed 4/5/2022 Treasure Ortiz, San Bernardino, stated that warehouse workers do not make sustainable wages. She also stated that the city does not have a gang task force, even though there are many gangs in our community. She also spoke about citizens deserving a right to vote on whether they should have a mayor or not.

At this time, the following remote speakers were heard via Zoom:

Gabriel Jaramillo , San Bernardino, commented about t he proposed charter amendment. He does not want the elected Mayor position to be eliminated, because Council Members do not have the time to alternate as Mayor.

Ronald Donis, San Bernardino, spoke in support of a warehouse moratorium.

At this time, City Clerk Genoveva Rocha read the following written ADA accommodation public comments aloud into the record:

Keith Wisneski, San Bernardino, commented against arresting and penalizing street vendors. He asked that the city request funds from the state to help with gang activity.

Tim Dorame, San Bernardino, asked the Mayor and City Council to not take away the residents’ right to vote for Mayor. He stated that citizens should have a choice.

DISCUSSION

3. Veto Reconsideration Per Municipal Code 1.08.040 of a Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)
Recommendation

Reconsideration of Resolution No. 2022-25 of the Mayor and City Council of the City of San Bernardino, California, submitting to the qualified voters of the City a proposed amendment to the City Charter to eliminate the office of the elected at- large Mayor and replace it with a Mayor appointed on an annual basis from among the seven elected council members at a primary municipal election to be consolidated with the Statewide Primary Election to be held on June 7, 2022; directing the City Attorney to prepare an impartial analysis of the proposed charter amendment; and providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding the proposed Charter amendment.

City Clerk Genoveva Rocha read into the record a Veto Memo from the office of Mayor John Valdivia dated February 7, 2022.

Council Member Reynoso clarified that if R esolution No. 2022- 25 is approved during this reconsideration, it would simply allow citizens the right to vote on a proposed charter am endment to eliminate the elect ed at-large Mayor at the Primary Election in June 2022.

Council Member Shorett stated his reasons why he proposed placing a char ter amendment on the ballot to eliminate the elected mayor's position. He noted the veto

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Mayor and City Council of the City of San Bernardino Page 6 Printed 4/5/2022 process should also require reconsideration, and stated he would propose that the veto of any item take place before the meeting is adjourned.

Council Member Ibarra expressed her opposition to removing the position of the elected mayor and commented that during the last charter review process several residents were also against removing the position.

Council Member Calvin stated that in 2016, the community voted for a City Manager and City Council form of government; H owever, the City’s Charter conflicted with that decision, which caused constant conflict. She stated the community w ould have the right on Election Day to decide if the item was placed on the ballot.

Mayor Valdivia referenced page 55 of the agenda packet and stated that his salary was not $367,000 annually.

Council Member Shorett m ade a motion to overturn the Mayor’s veto and reconsider Resolution No. 2022-25. This motion was seconded by Council Member Calvin.

RESULT: RESOLUTION NO. 2022-25 WAS NOT ADOPTED [FAILED 4-2-1] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Shorett, Reynoso, Calvin
NAYS: Ibarra, Alexander
ABSTAIN: Figueroa

4. Urgency Ordinance Establishing Campaign Contribution Limitations U nder Assembly Bill (AB) 571 (All Wards)
Recommendation
Adopt Urgency Ordinance No. MC -1573, an Urgency Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Section 2.55.0 30 to Chapter 2.55 to the City of San Bernardino Municipal Code Regarding Default Local Campaign Contributions.

City Manager Rob Field presented a brief staff report on this item.

RESULT: ADOPTED URGENCY ORDINANCE MC-1573 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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Mayor and City Council of the City of San Bernardino Page 7 Printed 4/5/2022

PUBLIC HEARINGS

5. Public Hearing Notification - Development Code Amendment 21-04 (All Wards) 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 - 1574 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 21 -04 amending C hapter 19.52 (Hearings and Appeals) of Title 19 (Develop ment Code) of the City of San Bernardino Municipal Code updating the public hearing notification requirements for discretionary land use entitlement applications; and finding that Development Code Amendment 21 -04 is exempt from review unde r t he California Environmental Quality Act; and

2. Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on March 2, 2022.

City Clerk Rocha read into the record the title of Ordinance MC-1574.

The public hearing was opened at 9:15 PM by Mayor Valdivia.

Planning Division Manager Oliver Mujica provided a staff report on this item.

There were no public comments, and the public hearing was closed at 9:19 PM.

RESULT: INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE NO. MC-1574 [6 TO 1]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Sandra Ibarra, Mayor Pro-Tem, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NAYS: Juan Figueroa

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 WITH ITEM NO. 8 BEING PULLED FOR DISCUSSION [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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6. Approval of the Mayor and City Council Meeting Minutes Recommendation
It is recommended that th e Mayor and City Council of the City of San Bernardino, California, approve the m inutes from the July 1, 2020, and July 15, 20 20, Regular Meeting of the Mayor and City Council.

RESULT: APPROVED THE MAYOR AND CITY COUNCIL MEETING
MINUTES FROM JULY 1, 2020 AND JULY 15, 2020 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

7. Establishing an Ame nded Candidate Statement Policy for the June 7, 2022 Primary Election (All Wards)
Recommendation
Adopt Resolution 2022- 28 of the Mayor and City Council of the City of San Bernardino, California, amending R esolution No. 2022- 04 pertaining to ca ndidate statement endorsements submitted to the voters at an election to be held on Tuesday, June 7, 2022.

RESULT: ADOPTED RESOLUTION NO. 2022-28 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

8. Resolution on the City of San Bernardino Unsheltered Population (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, a dopt Resoluti on No. 202 2-29, expressing support for the City of San Bernardino Unsheltered Population Outreach Initiative.

Council M ember Calvin pulled this item for di scussion. She requested that the City's request t o San Bernardino County include that t he County par tner with the City in providing additional shelter and housing options designed to serve the unsheltered and community members who are one paycheck away from being homeless.

She added that the partnership could be a sure pathway to breaking the cycle of San Bernardino being identified as the homeless capital and allowing neighboring cities to drop transients off in San B ernardino. Council Member Calvin requested that Finance Director Barbara Whitehorn inform the Mayor and City Council of the exact amount of funding the City would be receiving from the State for unsheltered initiatives.

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Mayor and City Council of the City of San Bernardino Page 9 Printed 4/5/2022 RESULT: ADOPTED RESOLUTION NO. 2022-29 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Mayor Pro-Tem, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

9. Release of Resi dential Property Maintenance Agreement Containing Covenants Af fecting Real Property Located at 1245 S. Washington Avenue (Ward 3)
Recommendation
It is recommended that the Mayor and the City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino:

1. Approve the Stipulation Between City of San Bernardino, S uccessor-in- Interest, and Andrew E. Loz ano, Current Property Owner, Releasing Rea l Property Maintenance Agreement Containing Covenants Affecting Real Property Neighborhood I nitiative Program in Exchange for Repayment of Grant (Attachment 1); and

2. Authorize the City Manager or designee to exe cute the Stipulation Agreement.

RESULT: APPROVED THE RELEASE OF RESIDENTIALPROPERTY

MAINTENCANCE AGREEMENT CONTAINING COVENANTS
AFFECTING REAL PROPERTY LOCATED AT 1245 S.

WASHINGTON AVENUE [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

10. February, November, December 2021 and January 2022 City Board, Commission, and Citizen Advisory Committee Approved Minutes (All Wards) Recommendation
It is recommended that the Mayor a nd City Council of the City of San Bernardino, California, receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in Febr uary, November, and December 2021, and January 2022.

RESULT: APPROVED FEBRUARY, NOVEMBER, DECEMBER 2021 AND
JANUARY 2022 CITY BOARD, COMMISSION, AND CITIZEN
ADVISORY COMMITTEE APPROVED MINUTES [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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11. Investment Portfolio Report for December 2021 (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept an d file the Monthly Investment Portfolio Report for December 2021.

RESULT: APPROVED INVESTMENT PORTFOLIO REPORT FOR
DECEMBER 2021 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

12. 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 January 2022.

RESULT: APPROVED COMMERCIAL AND PAYROLL DISBURSEMENTS
[UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

13. Resolution Approving a City -Wide Salary Schedule for Employees of the City of San Bernardino (All Wards)
Recommendation
Adopt Resolution No. 2022- 30 of the Mayor and City Council of the City of San Bernardino, California, approving a revised Ci ty-wide salary schedule for all f ull- time, part-time, temporary, and seasonal positions, repealing the prior salary schedule including Resolution No. 2021- 268, a nd approving the Lead Building Inspector job description.

RESULT: ADOPTED RESOLUTION NO. 2022-30 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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14. Amendment to Graves & King Legal Service Agreement (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-31, authorizing the City Manager to execute the First Amendment to the Legal Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVDS2012677.

RESULT: ADOPTED RESOLUTION NO. 2022-31 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

15. Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2022-32, authorizing the City Manager to execute the First Amendm ent to the Legal Services Agreement with Carpenter, Rothans & Dumont for representation in the US District Court Case No. 5:20-CV- 01486-JGB-KKx.

RESULT: ADOPTED RESOLUTION NO. 2022-32 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

16. Grant Application and Award for a Fitness Court at Blair Park (Ward 5) Adopt Resolution 20 22-33 of the Mayor and City Council of the City of S an Bernardino, California:

1. Approving the ratification and submission of the California Parks and Recreation Society (CPRS) / National Fitness Campaign (NFC) grant application;

2. Accepting the two gra nt awards tot aling $80,000 ($30,000 from CPRS/NFC and $50,000 from San Manuel Band of Mission Indians); and

3. Allocating the remaining balance of $130,700 from the Cultural Development Impact Fund in Fiscal Year 2021/22 to compl ete the Fit ness Court at B lair Park project.

City Ma nager Field indi cated that t he r eport in the agenda for this item incorrectly contained the name of a former City Council Member for Ward 5.

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Mayor and City Council of the City of San Bernardino Page 12 Printed 4/5/2022 RESULT: ADOPTED RESOLUTION NO. 2022-33 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

17. Land Water Conservation Fund Grant Application Approval (Ward 1) Recommendation
Adopt Resolution No. 2022- 34 of the Mayor and City Counc il of San Bernardino, California approv ing the submittal of an application for the Land and Water Conservation Fund (LWCF) competitive program to the State of California.

RESULT: ADOPTED RESOLUTION NO. 2022-34 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

18. Authorize the Issuance of Purc hase Orders for Police Vehicles and Related Equipment (All Wards)
Recommendation
Adopt Resolution No. 2022- 35 of the Mayor and C ity Council of the City of San Bernardino, California, authorizing the Director of Finance to i ssue purchase orders to Fairview Ford in an amount not to exceed $1,300,000 and to West Coast Lights & Sirens in an amount not to exceed $180,000, and to authori ze the City Manager to execute a Vendor Servic es Agreement between the City of San Bernardino and West Coast Lights & Sirens in an amount not to exceed $550,000.

RESULT: ADOPTED RESOLUTION NO. 2022-35 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

19. Amendment No. 1 to Agreement with ITERIS Inc. (All Wards) Recommendation
Adopt Resolution No. 2022- 36 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 1 with ITERIS , Inc. for des ign services and implementation of advanced dilemma zone detection at 49 signalized intersections; and author izing the Cit y Manager or designee to execute all documents in support of the amendment.

RESULT: ADOPTED RESOLUTION NO. 2022-36 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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20. Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1) Recommendation
Adopt Resolution No . 2022- 37 of the Mayor and City Council of the City of San Bernardino, Calif ornia, approving Amendment No. 3 to the Agreem ent with Tetra Tech, Inc., for the 2nd Street Bridge replacement at Warm Creek; and authorizing the City Manager, or designee, to execute all documents in support of amendment.

RESULT: ADOPTED RESOLUTION NO. 2022-37 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

21. Budget Amendment for Upgrades to Various Signal Hardware on 224 Signalized Intersections (All Wards)
Recommendation
Adopt Resolution No. 2022- 38 of the Mayor and City Council of the City of San Bernardino, California, authorizing the D irector of Fin ance to record a budget amendment in the amount of $1,603,493.21 from the remainin g Highway Safety Improvement Program (HS IP) grant fund balance for the project con struction, construction contingencies, an d inspection costs for upgrades to hardware at 224 signalized intersections at various arterials.

RESULT: ADOPTED REOLUTION NO. 2022-38 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

22. Annual Purchase Order for Parts Authority (All Wards) Recommendation
Adopt Resolution No. 2022- 39 o f the Mayo r a nd City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue an Annual Purchase Order to Pa rts Authority for the purpose of supplying automotive parts and supplies in an amount not to exceed $175,000 on an annual basis with four (4) single year renewal options to the Public Works Department, Fleet Division, for the maintenance of City owned vehicles and equipment.

RESULT: ADOPTED RESOLUTION NO. 2022-39 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

23. Warehouse Moratorium - Request for Emergency Ordinanc e (All Wards) (Council Member Reynoso)
RESULT: THE MOTION TO BRING FORTH A REQUEST AN EMERGENCY

ORDINANCE FOR A WAREHOUSE MORATORIUM AT A FUTURE
MEETING CARRIED 4-3; HOWEVER, MAYOR VALDIVIA
IMMEDIATELY VETOED THE MOTION. (VETOED)
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Ibarra, Reynoso, Calvin, Alexander
NOES: Sanchez, Figueroa, Shorett

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned at 9:41 p.m. on Wednesday, February 16, 2022.

The next joint regular meeti ng of the May or and City Council and the Mayor and C ity Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, March 2, 2022, in the Council Chamber located at the Feldheym Central Library at 555 W. 6th Street, San Bernardino, California 92401. Closed Session will begi n at 5:30 p.m. and Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC

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

DRAFT 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, MARCH 2, 2022
5:30 PM

The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor Pro-Tem Figueroa on Wednesday, March 2, 2022, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 5:35 PM 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 5:40 PM
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present 5:50 PM
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present

Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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CLOSED SESSION PUBLIC COMMENT
There were no public comments for Closed Session.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
a. Miguel A. Mondragon, et al. v. City of San Bernardino, et al. , San Bernardino Superior Court Case No. CIVSB 2103398

B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)):

One Item

C) CONFERENCE WITH LA BOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager
Employee Organizations: San Bernardino Confidential Management Association; Possible Future Unrepresented Executives

Mayor Valdivia called the Regular Meeting to order at 7:00 p.m.

INVOCATION AND PLEDGE OF ALLEGIANCE
Council Member Alexander led the invocation and Council Member Reynoso led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that the Mayor and City Council discussed three items.

The first item was a matter of existing litigation where the Mayor and City Council gave Risk Management outside legal counsel direction.

The second matter was a matter of potential litigation. The City Coun cil by unanimous vote authorized City staff to file a receivership case on a public nuisance pro perty located at 701 North E Street.

The last item was a conference with labor negotiator and direction was given to staff negotiators.

CITY MANAGER UPDATE
City Manager Rob Field provided city -wide updates to t he Mayor and City Council .

Updates included gr ant funding the City has r eceived, the Ho meless Point -In-Time Count, and recent homicide arrests.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS The Mayor and City Council Members provided updates to the community. Highlights included upcoming General Pl an Community Workshops, Neighborhood Assoc iation

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Mayor and City Council of the City of San Bernardino Page 3 Printed 4/5/2022 meetings, and the annual financial report. Council Members Calvin and Alexander attended the ir first Southern California Association of Governments ( SCAG) Housing Policy Leadership Academy and reported that it was very informative and they would be utilizing the adaptive leadership skills they have learned.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

Mayra Melgar, Executive Director for Miss ions of Lo ve, spoke about a n arts program and organic garden for children. Her organization is looking for a location to host their programs in the city.

Cheryl Ric hardson, San Bernard ino, spoke about issues she is having with San Manuel Casino regarding privacy in her home that is adjacent to the property.

John Richardson, San Bernardino, also commented about San Manuel and stated that balconies and the smoking session at the casino invade their p rivacy. He stated that it is wrong for the city to accept money from San Manuel.

Rikke Van Johnson and Dolores Armstead, Akoma Unity Center, San Bernardino, commented about Akoma Unity Center ’s event unveiling a mural honoring African American ancestors of San Bernardino ’s West Side community. They also thanked community members, staff and council members for th eir valuable contributions. Acting Public Works Dire ctor Alex Qishta was presented an award for his contribution s to the project.

John Shollenberger, San Bernardino, spoke about the proposed charter amendment to elimin ate the elected posi tion of Mayor. He state d that the City has a Manager- Council form of government, and the Charter should be amended to reflect that.

Robert Porter, San Bernardino, expressed support for San Manuel. He also reported that the Arts and Histori cal Pre servation Com mittee is in need of grant money for projects and support for artists.

Treasure Ortiz, San Bernardino , commented in support of the new Department Directors in the city. She als o expressed concern for the ho meless population . She asked the City Manager about the status of a new Chief of Police and the status of the Downtown Redevelopment Plan.

Harry Ha tch, S an Bernardino, spoke ab out the cement pile debris known as the Oxbow project. He stated that the debris is polluted because it contains ion batteries.

He encouraged council to vote to bring this issue back at a future meeting.

Frank Audi, San Bernardino , talked about the phrase “liberty and justice for all ”, and about success.

Nohemi, San Bernardino, spoke about a recent incident of her teenaged son being harassed by the police. She stated that police tactics need to change.

Ronnie Miller, San Bernardino, thanked Council Me mbers Reynoso, C alvin, and Alexander for their suppo rt of the Community Engaged Christmas event. She also

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Mayor and City Council of the City of San Bernardino Page 4 Printed 4/5/2022 presented a Plaque of Recognition to Council Member Reynos o, for his support of community organizations. She stated that Cou ncil Members Calvin and A lexander had also received plaques. She announced several upcoming community events of interest.

Sandra L., 3 rd Ward Resident, spoke in support o f Dr. Treasure Ortiz for M ayor. She stated that Dr. Ortiz cares about the city and is the best candidate.

At this time, City Clerk Genoveva Rocha read the following written ADA accommodation public comments aloud into the record:

Tim Dorame, San Bernardino, commented in support of voting to keep an elected Mayor position. He urged Council Members to vote in favor of the charter amendment.

After this comment, Council Member Alexander ad ded that he would like to notify the residents that San Bernardin o had received a Beautification Grant for the 4 th Street Alley, and thanked S enior Management Analyst Arlington Rodgers for writing the grant and getting it approved.

At this time, City Clerk Rocha notified the Mayor and C ity Council that there was one additional public speaker.

Ron Donis, Ward 1 Resident, asked that the Oxbow project be brought back on to the agenda for reconsideration. He also stated that the Parks and Recreation budget should be increased.

APPOINTMENTS

1. Charter Review Committee Appointment (Mayor Appointment) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Mayor’s appointment of Ms. Sean Kell ey to the Charter Review Committee. Counci l Staff has verified that appo intee is a registered voter within the City.

RESULT: APPROVED THE APPOINTMENT OF MS. SEAN KELLEY TO THE CHARTER REVIEW COMMITTEE [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

Ms. Kelley was not present at the meeting to receive the appointment and O ath of Office.

DISCUSSION

2. Fiscal Year 2021/22 Mid-Year Update (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,

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Mayor and City Council of the City of San Bernardino Page 5 Printed 4/5/2022 California:

1. Receive and File the Fiscal Year 2021/22 Mid-Year Budget Report; and

2. Adopt Resolution No. 2022-54 Authorizing the City Manager to Amend the Fiscal Year 2021/22 General Fund Operating Budget by $4,824,732 as outlined in the Fiscal Year 2021/22 Mid-Year Budget Report.

City Manager Field announced that a Mayor and City Council Budget Workshop would be held later in the month and introduced Budget Division Manager Tanya Williams.

Ms. Williams presented the Fiscal Year 2021/22 Mid-Year Budget Report.

Finance Department Director Barbara W hitehorn continued the presenta tion with several mid-year budget amendments, including increased staffing and operational and capital expenses.

The Mayor and City Council members asked questions regarding street maintenance and other pending projects in the city.

RESULT: RECEIVED AN D FILED THE MID-YEAR BUDGET REPORT AND ADOPTED RESOLUTION NO. 2022-54 [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

PUBLIC HEARINGS

3. Resolution Approving Street Vacation of a Portion of H Street (Ward 1) Recommendation
Adopt Resolution 2022 -40 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of H Street west of 2 nd Street and reservation of utilities therein.

The public hearing was opened at 9:20 p.m.

Acting Public Works Director Alex Qishta presented a staff report on this item.

City Clerk Rocha announced there were no requests to speak or written communications received for this item.

The public hearing was closed at 9:24 p.m.

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Mayor and City Council of the City of San Bernardino Page 6 Printed 4/5/2022 RESULT: ADOPTED RESOLUTION NO. 2022-40 [UNANIMOUS]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

CONSENT CALENDAR
Items on the Consen t Calendar are considered routine and ar e voted on in a single motion unless a council or staff member has pulled the item for more discussion.

RESULT: APPROVED THE CONSENT CALENDAR WITH ITEM NO S. 15 & 16 BEING PULLED FOR DISCUSSION [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

4. Veterinary Supplies for Animal Services (All Wards)
Recommendation
Adopt Resolution No. 2022 -41 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to e xecute a Goods Purchase Agreement and authorizing the Director of Finance to issue a purchase order to Victor Medical Company in an amount not to exceed $150,000 annually to purchase veterinary supplies and medications for animals impounded at the shelter.

RESULT: ADOPTED RESOLUTION NO. 2022-41 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

5. 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 February 2022.

RESULT: APPROVED COMMERCIAL AND PAYROLL DISBURSEMENTS
FOR FEBRUARY 2022 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

6. Side Letter Agreement Between the City and the San Bernardino Police Officers Association (All Wards)
Recommendation
Adopt Resolution N o. 2022 -43 of the Mayor and City Council of the City of San

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Mayor and City Council of the City of San Bernardino Page 7 Printed 4/5/2022 Bernardino, California, approving a Side Letter Agreement to the Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bern ardino Police Officers Association (SBPOA), am ending Article III, Section 6 ©; and amending Resolution Nos. 2018-287 and 2020-132.

RESULT: ADOPTED RESOLUTION NO. 2022-43 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

7. Resolution Requesting Authori zation to Move Spectrum to 10GB Speed (All Wards)
Recommendation
Adopt Resolution No. 2022 -44 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to e xecute an Enterprise Service Agreement with Spectrum inc reasing the internet speed from 1GB to 10GB for both City Hall and the Police Department, in an amount not to exceed $7,480 per month total.

RESULT: ADOPTED RESOLUTION NO. 2022-44 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

8. Annual Renewal of the City’s Property Insurance for Fiscal Year 2022/23 Recommendation
Adopt Resolution No. 2022 -42 of the Mayor and City Council of the City of San Bernardino, California, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,601,000 for the term beginning April 1, 2022 and ending March 31, 2023; and authorizing the City Manager to execute all related documentation.

RESULT: ADOPTED RESOLUTION NO. 2022-42 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

9. Accept the FY 2021-22 California Library Literacy Services Grant (All Wards) Recommendation
Adopt Resolution 2022 -45 of the Mayor and City Council of the City of San Bernardino, California authorizing the acceptance of gr ant funding in the amount of $87,752 from t he Californi a State Library ’s California Library Literacy Services (CLLS) and authorizing the Director of Finance to amend the FY 2021/22 adopted budget for revenue and expenditures to appropriate the funding.

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Mayor and City Council of the City of San Bernardino Page 8 Printed 4/5/2022 RESULT: ADOPTED RESOLUTION NO. 2022-45 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

10. Resolution Declaring Intent to Annex Territory: Community Faci lities District No. 2019-1 (Maintenance Services): Annexation No. 12, Tax Zone No. 13 (Taco Bell) (Ward 3)
Recommendation
Adopt Resolution No. 2022 -46 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 12) and authorizing the levy of a special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2022-46 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

11. Public Works Equipment Purchase – Avant Compact Wheel Loader and Collecting Brush (All Wards)
Recommendation
Approve Resolution No . 2022-47 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Volvo Construction Equipment and Services for the purchase of one n ew Avant Compact Wheel Loader and Collect ing Broom Attachment in an amount not to exceed $127,000.

RESULT: APPROVED RESOLUTION NO. 2022-47 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

12. Dement Street Relinquishment by the State of California (Ward 5) Recommendation
Adopt Resolution No. 2022 -48 of the Mayor and City Council of the City of San Bernardino, California, accepting title cont rol and mainte nance to a reconstructed portion of Dement Street upon relinquishment by the State of California and receipt of written notice from the State that the work thereon has been completed.

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Mayor and City Council of the City of San Bernardino Page 9 Printed 4/5/2022 RESULT: APPROVED RESOLUTION NO. 2022-48 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

13. Annual Purchase Order for Fairview Ford (All Wards) Recommendation
Adopt Resolution No. 2022 -49 of the Mayor and City Council of th e City of San Bernardino, California, a uthorizing the City Manager to execute an Agreement with Fairview Ford and issue an Annual Purchase Order to Fairview Ford for the purpose of supplying Ford parts, service and bod y repairs in an amount not to exceed $230,000 on an annual basis with four si ngle year renewal options to the Public Works Department, Fleet Division for the maintenance of City owned vehicles and equipment.

RESULT: APPROVED RESOLUTION NO. 2022-49 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

14. Award of a Professional Services Agreement for Construction Management and Inspection Services for Upgrades to Various Traffic Signal Hardware (All Wards)
Recommendation
Adopt Resolu tion No. 2022 -50 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement with nswer Advisory in an amount not to exceed $280,000 for construction management and insp ection services for upgrades to various traffic signal hardware at 224 signalized intersections (Project).

RESULT: ADOPTED RESOLUTION NO. 2022-50 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

15. Resolution Declaring Intent to Annex Territory CFD No. 2019-1 Annexation No. 15 – 5TH & G Street (Ward 1)
Recommendation
Adopt Resolution No. 2022 -51 of the Mayor and C ity Council of the City of San Bernardino, California, declaring its intent to annex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the C ity of San Bernardino, adopting a map of the area to be proposed (Annexation No. 15) and authorizing the levy of a special taxes therein.

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Mayor and City Council of the City of San Bernardino Page 10 Printed 4/5/2022 RESULT: ADOPTED RESOLUTION NO. 2022-51 [UNANIMOUS]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

16. Rejecting Construction Bids for Connector Pip e Screen (CPS) & Automatic Retractable Screen (ARS) TMDL’S- Track 1 (All Wards)
Recommendation
Adopt Resolution No. 2022 -52 of the Mayor and City Council of the City of San Bernardino, California, rejecting Construction Bids for Connector Pipe Screen (CPS) & Automatic Retractable Screen (ARS) TMDL’S- Track 1.

RESULT: ADOPTED RESOLUTION NO. 2022-52 [UNANIMOUS]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

17. Authorizing the Execution of Third Amendment to Regulatory Agreement Recommendation
Adopt Resolut ion No. 2022 -53 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorizing the execution of the T hird Amendment to Regulatory Agreement an d Declaration of Restrictive Covenants (“Amended Regulatory Agreement”) for Tuscany Apar tments (formerly Silverwood Park Apartments) between CF Tuscany 2014, L.P. and the City of San Bernardino , extending the period of affordability for 66 units; and

2. Authorizing the City Manager or designee to execute the agreement.

RESULT: ADOPTED RESOLUTION NO. 2022-53 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

18. Reconsider the Removal of the Oxbow Cement Pile (Ward 5) (Council Member Reynoso)

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Mayor and City Council of the City of San Bernardino Page 11 Printed 4/5/2022 RESULT: APPROVED FOR CONSIDER ATION AT A FUTURE MEETING [CARRIED 4-3]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Ibarra, Reynoso, Calvin, Alexander
NOES: Sanchez, Figueroa, Shorett

After the vote was announced, Mayor Valdivia asked City Manager Field if there was any new information to provide regarding this issue. Mr. Field stated that there is now a new property owner who is more apt to participate in a solution for the concrete pile.

Mayor Valdivia then asked what the timeframe is for bringing the item for consideration.

Mr. Field stated that staff would strive to bring the item back at the first meeting in April.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned at 9:33 p.m. on March 2, 2022.

The next joint regular meeting o f 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, March 16, 2022, at the Feldheym Central Library located at 555 W. 6 th St., San Bernardino, California 92401. Clos ed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC

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

DRAFT 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, MARCH 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 5:30 PM by Mayor Val divia on Wednesday, March 16, 2022, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present 5:40 PM
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 Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present

Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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CLOSED SESSION PUBLIC COMMENT
There were no public comments for Closed Session.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
a. Sedna Moseley v. City of San Bernardino, et al. , San Bernardino Superior Court Case No. CIVDS2022209
b. Mark Detinne v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2016739
c. Faith Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2100620

Mayor Valdivia called the Regular Meeting to order at 7:00 p.m.

INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Steven D. Shepard, Sr. from St. Paul A .M.E. Church led the invocation and Council Member Shorett led the Pledge of Allegiance to the flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho inform ed that three items were discussed and there was no reportable action.

Mayor Valdi via made an a nnouncement that Breeze Airways will soon begin offering nonstop flights from the San Bernardin o International Airport to San Francisco International Airport, marking the first passenger flights for the San Bernardino Airport.

CITY MANAGER UPDATE
City Manager Robert Field provided city-wide updates to the Mayor and City Council.

Key points included new Public Works projects, SB ArtsFest returning to Downtown, and Women’s History Month events.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS Mayor Valdivia asked for a moment of silence for the passing of longtime educational leader, Dr. Thomas Rivera.

At this time, City Council Members provided updates to the community. Important updates included General Plan update community workshops, graffiti abatement, efforts on fighting homelessness, and neighborhood association meetings.

Council Member Shorett commented that Mayor Valdivia inappropriately announced the new City Police Chief to the public, which was solely for political gain and outside of his scope of duties. He requested that the Mayor once again be censured, and that a full investigation be conducted with a private investigator as to how the Mayor received this confidential personnel information. He stated that this incident puts the City at risk for potential liability. He informed that he would be making a formal request for approval by the City Council to bring this action forward.

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PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mrs. Negrete, San Bernardino, asked the City Council to vote against any increases in utility rates.

Paula Plunk, San Bernardino, spoke on the upcoming elections and commented on her opposition against Mayor Valdivia and H elen Tran. She expressed her support for Dr. Treasure Ortiz and noted that the city needs a change.

Marisol Alvarez, San Bernardino, commented on bullying occurring within the City Council and the audience attending the meetings. She asked for the City Council to be better.

LaWanda Rangel, San Berna rdino, spoke on land development to help the homeless community. Good leaders will help with developing the land that is the wealth of the community. She also mentioned her endorsement of Jim Penman for Mayor.

Jim Penman, San Bernardino, spoke about hiring more police officers and code enforcement officers for the city using Measure Z funds. He also mentioned using the empty buildings in the city for homeless shelters.

Treasure Ortiz , San Bernardino, addressed the M ayor's veto on the Oxbow project, his di shonesty to the community, and using the C ity's money in his favor. She also asked City Council to change their vote on the Oxbow project and censure the Mayor.

Mike Harley, San Bern ardino, commented on street sweepers not doing their job of cleaning the City’s streets. He also mentioned that tow trucks are not cleaning up after an accident ; they leave debris behind on the roads. He would like code enforcement officers to be hired as proposed in the budget.

Karen Suarez, Director of Uplift San Bernardino at Making Hope Happen Foundation, spoke on the resources small business groups have brought to the city.

The group has helped individuals start their small businesses. Small business es have brought wealth and new jobs to the city. She t hanked the City Cou ncil for recommending staff to use grants to support the small businesses.

Ernesto Hidalgo, RDICO, commented in support of Item No. 4, the Downtown Specific Plan Vision. He thanked city staff for their continued support.

Robert Porter, San Berna rdino, invited the community to his radio show and the ArtsFest. He encouraged the community to partici pate in Neighborhood Associations.

He stated that the Carousel Mall project needs to speed up, and the city’s history needs to be involved in the project. He asked the Mayor and City Council to be respectful and follow the code of conduct. He also asked the City Council to give the Arts and Historical Preservation Commission more funds.

Louie Lopez, Business Agent for the Iron Workers Local Force 433, supports the community benefits agreement. He stated the agreement would help the community have better-paying jobs with benefits and help the wealth of San Bernardino.

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Mayor and City Council of the City of San Bernardino Page 4 Printed 4/27/2022 Ben Pratt, V ice Preside nt of the I BW Local Force 77, supports the community benefits agreement. He states hiring local people with high paying jobs will help rebuild San Bernardino.

Celine Perez, Chief of Staff of Inland Empire Labor Council, asked the City Council to move forw ard with the Carousel Mall redevelopment with a community benefits agreement. This agreement will provide the opportunity for the community to have local good-paying jobs and affordable housing.

Russell Degman, CEO of O peration New Hope , asked Councilmember Sanchez to visit his campus and thanked Councilmember Alexander for at tending the homeless point-in-time count. He spoke about the positive effects Operation New Hope has brought to the city's youth.

Harry Hatch, San Bernard ino, spoke on request for f uture meeting I tem No. 24:

Fireworks Storage and Use. He would like to bring back a discussion about fireworks.

He talked about the ordinance proposed to enforce fireworks and regulations within the city. He asked the council to bring it back and discuss it.

Phil Savage, S an Bernardino, asked the Mayor and C ity Council to add r ank choice voting to the agenda. He also asked that the recommendations made by committee members be added to the agenda for discussion.

Karina Espinoza, San Bernardino, spoke on th e safety of children and the response of the police department. She talked about not receiving the appropriate attention from the police department while a child was walking through her neighborhood alone.

Maria Solano, Director of the National Latina Women Association, spoke about small business es for Latinas. Her program, alo ng with other organi zations, helps Latinas open their small businesses in the city.

John Shollenberger, San Bern ardino, commented on the candidates for Mayor and the Oxbow project. He aske d the candi dates to go out in the community and run for council before running for Mayor . He also encouraged the Verdemont community to attend council meetings and support Councilmember Reynoso.

Christian Flores , In land Congre gation United for Change , spoke in support of a community benefits agreement. He asked fo r the C ouncil to have a discussion to help the community and the city’s future.

Dolores Armstead, San Bernardino, commented on the warehouse moratorium and the mayor’s position. She stated that citizens requested the warehouse moratorium, but the mayor vetoed it. She also supports eliminating the elected Mayor’s position.

James Albert, Sa n Bernardino, informed about rank choice voting. He a sked the Mayor and City Council to add rank choice voting to the November ballot.

Nohemi Lopez, San Bernardino, spoke against the funding of the police department.

She said before funding, police enforcement needs to change. She also supports the community benefits agreement.

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Bill Perez, Executive Secretary and Business Manager for B uilding Construction Council, spoke on the Carousel Mall project. He said the project is a great opportunity to invest in the community and a solution to the poverty situation.

Jeff Scott, San Bernardino, spoke in suppor t of t he community benefits agreement.

He encouraged the council to allow the c ommunity to have better -paying jobs to afford to continue living in San Bernardino.

Ernie Re galado, Local 909 San Bernardino Carpenter , spoke in support of the community benefi ts agreement. He asked for the community to be able to h ave jobs within the city and not have to travel far to get a good-paying job.

Orlando Garcia , San Bernardino, spoke in support of the community benefits agreement. He asked the council to help and represent the community by supporting the agreement.

Chris Reinhart, Pastor at Sandals Ch urch, commented about different projects scheduled in the city. He asked C ouncil Members to do projects within their ward to benefit the community.

Victor Roethler, San Bernardino, spoke in support of the community benefits agreement. He asked the council to support the community to help ensure good- paying jobs and affordable housing.

Chris Naticchia, faculty member of CSUSB, spoke in support of the community benefits agreement. He urges the council to invest in the community because the community has struggled and deserves good-paying jobs and affordable housing.

Teresa Parra C raig, San B ernardino, commented her support of the community benefits agreement. She thanked Council Members Alexander, Calvin, and Reynoso for being involved in the c ommunity. She also mentions the funding and power San Bernardino has, to make the city safer by hiring more police officers and blue- collar workers.

Cheryl B rown, spoke on the emer gency rental assistance program. She asked the Mayor and C ity Council to start protecting the City’s resources and invest in the community. She also supports the community benefits agreement.

At this time, City Clerk Genoveva Rocha read the following written ADA accommodation public comment aloud into the record:

Tim Dorame, San Bernardino, commented in support of the Oxbow project. He urged the council to bring the item back for discussion and support the community.

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DISCUSSION

2. Emergency Rental Assistance Program Updates (ERAP) (All Wards) Recommendation
It is recommended that the Mayor and City C ouncil of the City of San Bernardino, California:

1. Receive and file a report on the status of the City’s Emergency Rental Assistance Program (“ERAP”), incl uding direct service funds administered by Inland SoCal 211+ (“ICS 211+”); and

2. Take action to obligate the first tranche of ERA 2 U.S. Department of Treasury (“Treasury”) funds received by the City in the total amount of $3,309,218, by awarding a Professional Services Agreement to Inland SoCal 211+ for the administration o f the City’s ERA 2 (with a not-to-exceed amount of $330,921.80 or not more than 10% of the ERA 2 first tranche), based on the City’s Professional Services Agreement template, with authorization to the City Manager, in consultation with the City Attorney’s office, to make amendments and execute said Agreem ent consistent with Mayor and City Council direction and to ens ure appropriate program oversight. The A greement would also allow for the possibility of additional administration costs based on subsequent disbursements of ERA 2 funds by the U.S. Department of Treasury.

Senior Management Analyst C ory Hodges provided a staff report. Council Member Calvin stated that the Professional Services Agreement for the administration of Emergency Rental Assistance Program funds should have been awarded to a provider within the City of San Bernardino. C ouncil Member Ibarra expressed the same concern.

RESULT: RECEIVED AND FILED REP ORT AND AWARDED A

PROFESSIONAL SERVICES AGREEMENT TO INLAND SOCAL
211+ [5 TO 0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Alexander
ABSTAIN: Ibarra, Calvin

3. General Plan Vision Statement (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Be rnardino, California, approve the General Plan Vision Statement as an aspirat ional "guiding document."

Planning Manager Oliver Mujica presented the staff report. Mr. Tesher from Placeworks informed the Mayor and City Council that the General P lan V ision Statement is an aspirational statement that was developed with the input of the community.

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[UNANIMOUS]
MOVER: Damon L Alexander, Council Member, Ward 7
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

4. Downtown Specific Plan Vision Statement (Wards 1 and 3) Recommendation
It is recom mended that the Mayor and City Council of the City of San Bernardino, California, approve the Downtown Specific Plan Vision Statement as an aspirational "guiding document."

Planning Ma nager Mujica a gain presented the staff report, and stated t hat th e Downtown Specific Plan is part of the General Plan. Ms . Gulley of Placeworks spoke about the future of the city’s downtown area as a destination for residents of the Inland Empire.

RESULT: APPROVED THE DOWNTOWN SPECIFIC VISION STATEMENT [UNANIMOUS]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

PUBLIC HEARINGS

5. Public Hearing on Annexation No. 11 to Community Facilities District 2019 -1 (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City o f San Bernardino, California:

1. Hold a Public Hearing;

2. Adopt Resolution No. 2022-55 of the Mayor and City Council of the City of San Bernardino, California, calling an electi on to submit to the qualified electors the question of levying a s pecial t ax within the are proposed to be annexed to Community Facilities District No. 2019 -1 (Maintenanc e Service s) (Annexation No. 11);

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

4. Adopt Resolution No. 2022-56 of the Mayor and Cit y Council of the City of S an Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 11);

5. Introduce Ordinance No. MC-1573 of the Mayor and City Council of the City of San B ernardino, California, amending Ordinance No. MC -1522 and levying

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Mayor and City Council of the City of San Bernardino Page 8 Printed 4/27/2022 special taxes to be collected during F iscal Yea r 2022- 23 to pay the annual costs of the maintenance and servicing of l andscaping, lighting, streets, street sweeping, a reserve fund for capit al replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No MC -1573 for April 6, 2022.

The Public Hearing was opened at 9:48 p.m.

City Clerk Genoveva Rocha confirmed that there were no requests to speak, or written communications received. There were no written protests received.

The Mayor and City Council did not request to hear the staff report on this item.

The Public Hearing was closed at 9:49 p.m.

RESULT: ADOPTED RESOLUTION NO. 2022-55 [UNANIMOUS]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

RESULT: ADOPTED RESOLUTION NO. 2022-56 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

RESULT: INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE NO. MC-1573 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

6. Public Hearing on A nnexation No. 13 to Commun ity 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;

2. Adopt Resolution No. 2022- 57 of the Mayor and Cit y Council of the City of S an Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the are proposed to be annex ed to Community Facilities District No. 2019 -1 (Maintenance Services) (Annexation No. 13);

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

4. Adopt Resolution N o. 20 22-58 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. 13);

5. Introduce Ordinance No. MC -1574 of the Mayor and Ci ty Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022 -23 to pay the annual co sts of the maintenance and servicing of landscaping, lighting, streets, street swe eping, 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 final reading and adoption of Ordinance No MC-1574 for April 6, 2022.

The Public Hearing was opened at 9:52 p.m.

City Clerk Rocha confirmed that t here were no re quests to speak, or written communications received. There were no written protests received.

The Mayor and City Council did not request to hear the staff report on this item.

The Public Hearing was closed at 9:53 p.m.

RESULT: ADOPTED RESOLUTION NO. 2022-57 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

RESULT: ADOPTED RESOLUTION NO. 2022-58 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

RESULT: INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE NO. MC-1574 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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CONSENT CALENDAR
Items on the Consent C alendar are considered routine and ar e voted on in a single motion unless a council or staff member has pulled the item for more discussion.

RESULT: APPROVED THE CONSENT CALENDAR WITH ITEM NO S. 7 & 9 BEING PULLED FOR DISCUSSION [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

7. Amendment No. 2 to Professional Services Agreement with Advan ced Pet Care (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City M anager to execute Amendment No. 2 to the Professional Services Agreement (PSA) with Advanced Pet Care, and increase the annual contract amount to $150,000.

RESULT: APPROVED AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED PET CARE [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Council Member Ibarra asked why t his agreement was being amended. Director of Animal Car e S ervices Kris Watson cla rified that the current contrac t funds had been expended.

8. Executive Compensation and Benefits Plan (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2022- 59 of the Mayor and City Council of the City of San Bernardino, Califo rnia, approving Executive Compensatio n an d Benefits Plan; and

2. Adopt Resolution No. 2022-60 of the Mayor and City Council of the City of San Bernardino, California, approve the City-wide Salary Schedule.

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Mayor and City Council of the City of San Bernardino Page 11 Printed 4/27/2022 RESULT: ADOPTED RESOLUTION NOS. 2022-59 AND 2022-60
[UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

9. Adoption of a Non-Smoking Policy (All Wards)
Recommendation
It is recommended that the Mayor a nd City Council of the City of San Bernardino, California adopt the City of San Bernardino Non-Smoking Policy.

Council Member Figueroa asked if the policy could include a section that clarifies that this policy does not prohibit products used for smoking c essation, such as nicotine patches or gum. City Manager Field stated that staff would mak e the change to the policy.

RESULT: ADOPTED NON-SMOKING POLICY AS AMENDED TO INCLUDE

AN EXEMPTION FOR SMOKING CESSATION PRODUCTS
[UNANIMOUS]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

10. Professional Services Agreement with PlaceWor ks to Prepare Truck Route Study (All Wards)
Recommendation
It is recommen ded that the Mayor and City Council of the City of San Bernardino, California, authori ze the City Manager to execute a Professional Ser vices Agreement with PlaceWorks to prepare a Truck Rou te Study; and authorizing the Finance Director to amend the Fiscal Year 2021-22 adopted budget accordingly.

RESULT: APPROVED PROFESSIONAL SERVICES AGREEMENT WITH

PLACEWORKS TO PREPARE TRUCK ROUTE STUDY
[UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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11. October, Novem ber, De cember 2021 and January 2022 City Board, Commission, and Citizen Advisory Committee Approved Minutes (All Wards) Recommendation
It is recomme nded that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in January and February 2022.

RESULT: APPROVED OCTOBER, NOVEMBER, DECEMBER 2021 AND
JANUARY 2022 CITY BOARD, COMMISSION, AND CITIZEN
ADVISORY COMMITTEE APPROVED MINUTES [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

12. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation
It is recomme nded that the Mayor and City Council of the Cit y of S an Bernardino, California approve the commercial and payroll disbursements for February 2022.

RESULT: APPROVED COMMERCIAL AND PAYROLL DISBURSEMENTS
[UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

13. Investment Portfolio Report for January 2022 (All Wards) Recommendation
It is recommended that the Mayor and City Counci l of t he City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for January 2022.

RESULT: APPROVED INVESTMENT PORTFOLIO REPORT FOR JANUARY 2022 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

14. Amendment to Atkinson, Andelson, Loya, Ruud & Romo Legal Service Agreement (All Wards)
Recommendation
Authorize the City Manager to execute the First Amendment to the Legal Services Agreement with Atkinson, Andelson, Loya, Ruud & R omo for representation in San Bernardino Superior Court Case No. CIVDS 2022209; and authorize the Director of Finance to amend the Purchase Order to Atkinson, Andelson, Loya, Ruud & Romo.

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RESULT: APPROVED AMENDMENT TO ATKINSON, ANDELSON, LOYA, RUUD & ROMO LEGAL SERVICE AGREEMENT [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

15. Amendment to Graves and King Professional Services Agreement Re: Detinne (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 the Fi rst Amendment to the Professional Services Agreement with Graves and King for representation in Sa n Bernardino Superior Court Case No. CIVDS 2016739; and authorize t he Director of Finance to amend the Purchase Order to Graves and King.

RESULT: APPROVED AMENDMENT TO GRAVES AND KING
PROFESSIONAL SERVICES AGREEMENT RE: DETINNE
[UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

16. Amendment to Graves and King Professional Services Agreement Re: Stewart (All Wards)
Recommendation
It is reco mmended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the First Amend ment to the Professional Services Agreement wi th Gra ves and King for representation in San Bernardino Superior Court Case No. CIVDS 2100620; and authorize the Director of Finance to amend the Purchase Order to Graves and King.

RESULT: APPROVED AMENDMENT TO GRAVES AND KING
PROFESSIONAL SERVICES AGREEMENT RE: STEWART
[UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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17. Amendment to Carpenter , Rothans & D umont Professio nal Services Agreement Re: Zaragoza (All Wards)
Recommendation
It is recommended th at the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the First Amendment to the Professional Service s Ag reement wit h Carpenter, Rothans & Dumont for representation in U.S. D istrict Court Case No. 5: 20-cv-2672KK; and authorize the Director of Finance to amend the Purchase Order to Carpenter, Rothans & Dumont.

RESULT: APPROVED AMENDMENT TO CARPENTER, ROTHANS &
DUMONT PROFESSIONAL SERVICES AGREEMENT RE:

ZARAGOZA [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

18. Adopt Resolution Approving the Outdoor Equity Grant Application (All Wards) Recommendation
Adopt Resolution No. 2022- 61 of the Mayor and City Council of San Bernardino, California approving the submittal of an application for the California Department of Parks and Recreation - Outdoor Equity Program (OEP) to the State of California.

RESULT: APPROVED RESOLUTION NO. 2022-61 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

19. Approve an Application for Grant Funds from the Re creational Trails Program (RTP) (Ward 5)
Recommendation
Adopt Resolution No. 2022- 62 of the Mayor and City Co uncil of the City of San Bernardino, California, approving the application for grant funds from the Recreational Trails Program (RTP).

RESULT: APPROVED RESOLUTION NO. 2022-62 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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20. Maintenance Services Agreement with Environmenta l Project Services, Inc., for Concrete Maintenance Services (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 Maintenanc e Services Agreement w ith Environmental Project Services, Inc., for concrete maintenance services; and

2. Authorize the Director of Fi nance to appropriat e funds in the amount of $1,000,000 to the Public Works Concrete Maintenance General Fund; and issue a purchase order in the amount of $1,000,000 with three (3) one-year extensions at the City’s option for Fiscal Year 2021/22.

RESULT: APPROVED MAINTENANCE SERVICES AGREEMENT WITH
ENVIRONMENTAL PROJECT SERVI CES, INC., FOR CONCRETE
MAINTENANCE SERVICES [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

21. Approve Final Tract Map No. 20251 (Ward 6)
Recommendation
Adopt Resolutio n No. 2022- 63 of the Mayor and C ity Council of the City of San Bernardino, California, approving Final Map for Tract No. 20251 (Subdivision 18-13) involving the subdivision of a project site comprised of two parcels containing a total of approximately 4.28 acres. The parc els will b e divi ded into 32 single family residential lots for a future planned residential developmen t, which will be located at 2578 W. Rialto Avenue (APN:0142- 062-06; 32) within the Residential U rban (RU) Zone; and accepting the public dedications as se t forth on said map; and authorizing the C ity Manager, or designee, to execute the standard form of agreement for the subdivision improvements.

RESULT: APPROVED FINALTRACT MAP NO. 20251 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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22. Resolution Declari ng Intent to Conduct a Public Hearing to Order the Street Vacation of a Portion of I Street (Ward 3)
Recommendation
Adopt Resolution 2022- 64 of t he Mayor and City Cou ncil of the City of Sa n Bernardino, California, declaring its intent to conduct a public hea ring to order the vacation of a portion of I Street between Spruce and Olive Street , and a portion of J Street at its intersection with 17 th Street and 21 st Street and reservation of utilities therein.

RESULT: APPROVED RESOLUTION NO. 2022-64 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

23. Construction Contract Awa rd – Citywide Pavement Rehabilitation (14 Locations) (All Wards)
Recommendation
It is re commended that the Mayor and City Council of the C ity of San Bernardino, California:

1. Approve the award of a constructi on contract with Matich Co rporation in the amount of $6,422,756 to provide citywide pavement rehabilitation services;

2. Authorize t he construction of the project, construction conti ngencies, and inspection costs in t he total am ount of $7,373,000 for cit ywide pavement rehabilitation; and

3. Authorize the City M anager, or designee , to expend the contingency fund, if necessary, to complete the project.

RESULT: APPROVED CONSTRUCTION CONTRACT AWARD – CITYWIDE PAVEMENT REHABILITATION [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

24. Fireworks Storage and Use (All Wards) (Council Member Alexander) Council Member Ibarra stated that she also sent an email to the City Manager last month requesting a future item for fireworks regulations.

RESULT: APPROVED FOR FUTURE CONSIDERATION [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

25. Establish a Formal Partner ship with Lutheran Social S ervices and the City of San Bernardino for Financial Support and Crea tion of Further R esources and Space for t he Homeless Population Within the City (All Wards) (Council Members Reynoso, Calvin, and Alexander)
City Manager Field stated that this partnership could assist Lutheran Social Services in securing funding to fight homelessness. C ouncil Member Ibarra stated concern for the County of San Bernardino not wanting to assist the provider.

Council Member s Sanchez, Figueroa, and Shorett expressed that there should be a transparent and fair process for choosing a homeless assistance provider for a formal partnership with the cit y. They commented that there are ma ny other providers in the city that could provide these services.

City Manager Field stated that there is curre ntly no formal agreement in place, and that this is simply an expression of agreement and good will.

RESULT: APPROVED FOR FUTURE CONSIDERATION [6 TO 0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSTAIN: Sandra Ibarra

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned at 10:18 PM on March 16, 2022.

The next 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, April 6, 2022, at the Feldheym Central Li brary located at 555 W. 6th Street, San Bernardino, California 92410. C losed Session wi ll begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC

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

DRAFT MINUTES

FOR THE

SPECIAL 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

THURSDAY, MARCH 31, 2022
5:00 PM

The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:00 PM by Mayor Valdivia on Thursday, March 31, 2022, via 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 5:24 PM
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 Absent
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present

PLEDGE OF ALLEGIANCE
Mayor Valdivia led the Pledge of Allegiance to the Flag.

Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Treasure Ortiz, San Bernardino, commented that she was the only resident that was present at the meeting. She requested that the Mayor and City Council invest in the priorities of the community. She requested money being spent on streets, parks, and the library.

DISCUSSION

1. Preliminary Overview and Discussion of the Biennial Budget for Fiscal Years 2022/23 to 2023/24
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino receive the presentation regarding the Fiscal Years 2022- 23 and 2023 -24 budget and discuss preliminary budget priorities.

Finance Department Director Barbara Whitehorn and Budget Manager Tanya Williams provided a presentation about the budget process for the new biennial budget Fiscal Years 2022/23 and 2023/24. Revenue and expense projections were presented, as well as the budget calendar and timeline.

Council Member Calvin asked about the revitalization of City Hall. City Manager Field stated that staff are in the process of prep aring a wo rkshop with the May or and City Council to discuss options for the future of City Hall.

Council Member Sanchez inquired about the Cultural Development Fund. He asked that money from the fund be set aside for micro-grants for arts programs within the city.

Director Whitehorn stated that staff would come back to the May or and City Counci l in the future with a plan for micro -grants. Council Member Reynoso also voiced his support for this project.

ADJOURNMENT
The meeting adjourned at 6:25 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and Cit y Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, April 6, 2022 at the Feldheym Library located at 201 North “E” Street , San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC

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Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Genoveva Rocha, City Clerk

Subject: Approval of Spanish Interpretation Services, Equipment, and Closed Captioning Software (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 Professional Services Agreement with Cal Interpreting Services, I nc., for Spanish interpretation and translation services through January 21, 2024 in an amount not to exceed $30,000.00 annually.

2. Approve the one -time purchase of interpretation equipment and headsets for $16,293.80, in lieu of television monitors outside of Council Chambers.

3. Approve the one -time purchase of English closed captioning software for cable channel viewers in the amount of $54,625.00.

Background
At the February 3, 2021, Mayor and City Council Meeting, Council Member Reynoso requested t hat staff bring back options for City Council consideration to allow for interpretation services in Spanish, Vietnamese, and American Sign Language (ASL) at Mayor and City Council meetings.

On April 21, 2021, staff returned to the Mayor and City Council with three options for consideration of multiple language interpretation services. Council then directed staff to return with the cost and feasibility of (1) Spanish interpretation services for the Mayor and City Council meetings; (2) Acquiring television s for the lobby for Spanish interpretation and captioning, and (3) English closed captioning for web and cable viewers.

Discussion
Staff took direction to determine the feasibility and cost of the three items requested by the Mayor and City Council. Staff released a Request for Proposals (RFP) for Spanish interpretation and translation services, reviewed the possible use of television monitors in the lobby of the council chambers to televise Spanish interpretation at Mayor and City Council meetings, and researched options for English closed captioning for live stream 13 Packet Pg. 377
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and cable viewers.

Simultaneous Spanish Interpretation
The Request for Proposals (RFP) for Spanish interpretation and translation services was released in July 2021. Eighteen (18) responses were received, and the fourteen (14) responses that met the minimum qualifications set forth in the RFP were reviewed by staff in October 2021. The review was based on the qualifications of the firm, quality of references, background and experience of the proposed staff, scope of work, and cost. Cal Interpreting Services , Inc., was chosen as the best vendor for the City of San Bernardino based on this analysis.

The service provided by this vendor will allow the city to have on -site simultaneous Spanish interpretation for public comments and open session of all regular Mayor and City Council meetings.

The cost for interpreters is charged at an hourly rate. Two interpreters will be required due to the duration of time of each meeting. The annual cost will vary and is as follows:

Two interpreters = $160 per hour ($80 per interpreter)
Regular meeting = approximately 5 hours
$160 X 5 hours = approximately $800 per meeting

Interpreters will be scheduled for approximately 24 regular meetings per year:

$800 X 24 meetings = approximately $19,200 per year

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Television Monitors
The Mayor and City Council requested options for the installation of television monitors in the lobby area of the Council Chambers to televise Spanish interpretation and closed captioning of Mayor and City Council meetings.

As an alternative to television monitors, staff is recommending the purchase of interpretation equipment and individual listening headsets. The headsets would allow for inclusion of all citizens in the discussions o f city business. Citizens utilizing the devices would be seated in the Council Chambers. The headsets will allow them to follow along with the Spanish interpreters and participate, in-person and in real-time at the meeting.

The purchase of the interpreta tion equipment would also allow for the interpreted meeting to be live streamed via a remote platform. The Spanish live stream would provide the Spanish -speaking home audience an opportunity to view the meeting and follow the discussion of city business as it is happening.

Staff released a quick bid for the interpretation equipment, including 20 headsets, and received three (3) responses. It was determined that EIDIM Group, Inc. was the lowest responsive bidder of the following bids:

EIDIM $16,293.80
Lexicon $16,681.75
Cal Interpreting $19,249.00

Accordingly, the cost for the equipment and headsets will be a one -time expense of $16,293.80.

English Closed Captioning for English Live Stream Viewers As part of our ag reement with PrimeGov, the City’s new agenda management software being implemented in July 2022, the English live stream of the Mayor and City Council meetings includes a closed captioning service. This cloud -based automated live closed captioning feature, powered by YouTube, offers greater accessibility and transparency for constituents. Utilization of this service avoids having to contract with an outside vendor, which provides cost savings to the city.

English Closed Captioning for Cable Viewers
Inland Empire Media Group (IEMG) assisted staff in finding a vendor to provide closed captioning services to cable channel viewers, as requested by the Mayor and City Council. This service would allow for the hearing -impaired audience to view real -time closed ca ptioning not only of the Mayor and City Council Meetings, but all other city meetings and programming aired through our cable channel, with an option for in -Zoom Application Programming Interface (API).

IEMG staff obtained quotes for the English closed cap tioning system and has determined the cost of the equipment will be a one -time expense of $54,625.00. The system selected integrates into the current on -air playback system and the vendor 13 Packet Pg. 379
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selected by IEMG is the only company that provides this service. Approval of this purchase and procurement process is also consistent with Section 3.04.010 B(3) of the City’s Municipal Code (Approval By Mayor and City Council). 2021-2025 Key Strategic Targets and Goals
Approval of Spanish Interpretation Services and Equipm ent and Closed Captioning Software aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan, to allow a larger portion of City of San Bernardino citizens an opportunity to participa te in city business, increasing accessibility and transparency.

Fiscal Impact
The total cost of live Spanish interpretation services may vary depending on the number and duration of Mayor and City Council meetings per year. The approximate yearly cost for simultaneous Spanish interpreting for Mayor and City Council meetings is $19,200, not to exceed $30,000.

The one -time expense for interpretation equipment and individual headsets is $16,293.80. The one-time expense for the English captioning system for cable viewers is $54,625.00. Total one-time expenditures total $70,918.80.

The cost of interpretation services from Cal -Interpreting Services, Inc. and the interpretation equipment will be paid from the City Clerk’s budget. The funds were budgeted for FY 21-22.

The costs for the English captioning will be paid from IEMG’s budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute a Professional Services Agre ement with Cal Interpreting Services , Inc., for Spanish interpretation and translation services through January 31, 2024 in an amount not to exceed $30,000.00 annually.

2. Approve the one -time purchase of interpretation equipment and headsets for $16,293.80, in lieu of television monitors outside of Council Chambers.

3. Approve the one -time purchase of English closed captioning software for cable channel viewers in the amount of $54,625.00.

Attachments
Attachment 1 Professional Agreement with Cal Interpreting Services Inc.

Ward: All

Synopsis of Previous Council Actions:
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February 3, 2021 The Mayor and City Council requested that staff bring back options for City Council consideration to allow for interpretation services in Spanish, Vietnamese, and Ame rican Sign Language (ASL) at Mayor and City Council meetings.

April 21, 2021 The Mayor and City Council directed staff to bring back a report outlining the feasibility and costs to provide English closed captions for viewers at home, Spanish interpretat ion voice -over, and televisions near the council chambers for English captions and Spanish interpretation.
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PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND CAL INTERPRETING & TRANSLATIONS, INC.

This Agreement is made and entered into as of ________ by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Cal Interpreting & Translations, Inc., a California corporation with its principal place of business at 2501 W Burbank Boulevard Suite 311, Burbank Ca 91505 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of Califor nia and is in need of professional services for the following project:

Spanish Interpretation and Translation Services (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establis h the terms for Cit y to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.

Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Thirty Thousand Dollars ( $30,000.00) per year. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within fort y-five (45) days from the date City receives said

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invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and sh all identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warran ted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City an d executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work.

Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

6. Term. This A greement shall commence on the Effective Date and continue through January 31, 2024, unless the Agreement is previously terminated as provided for herein (“Term”).

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agr eement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documen ts, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

8. Time of Performance . Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work sl owdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other P arty describing the circu mstances preventing continued performance and the efforts being made to resume performance of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.

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b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

11. Standard of Care . Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain du ring the term of this Agreement a valid business registration c ertificate from the City pursuant to Title 5 o f the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant . Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino , its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all wo rk under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to

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the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability in surance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.

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d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at a ll times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence / $ 4,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence

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Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of th e ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non -payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.

Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, exce pt for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve t he Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a curr ent A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including , but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any poli cy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements . Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed

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officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the perfo rmance of the Consultant’s services, the Project , or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected and appointed officials, employees, agents, or authorized volunteers . Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, su it, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its elected and appointed officials, employees, agents, or authorized volunteers.

18. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

19. Laws and Venue . This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in t he County of San Bernardino, State of California.

20. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days ’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Con sultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request

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has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its o bligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

21. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

22. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Con sultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

23. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

24. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

25. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

26. Organization. Consultant shall assign Ida Zaghi, J.D., Director of Contracting as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

27. Limitation of Agreement . This Agreement is limited to and includes only the work included in the Project described above.

28. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

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CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Genoveva Rocha, CMC City Clerk

With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Sonia Carvalho, City Attorney
CONSULTANT:

Giuliano N. Scocozza, Contract Manager
Cal Interpreting & Translations (CIT)
2501 W. Burbank Boulevard, Suite 311
Burbank, CA 91505

29. Third Party Rights . Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

30. Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and th at it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

31. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereun der. Each P arty acknowledges t hat no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

32. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof o r of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

33. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successor s in interest, executors, admi nistrators and assigns of each P arty to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

34. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement o f a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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35. Time of Essence . Time is of the essence for each and every provision of this Agreement.

36. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

37. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

38. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

39. Prohibited Interests . Consultant mainta ins and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or pers on, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warrant y, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtai n any present or anticipated material benefit arising therefrom.

40. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

41. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

42. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND CAL INTERPRETING & TRANSLATIONS, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
Clerk City
APPROVED AS TO FORM:

Best Best & Krieger LLP,
City Attorney

CAL INTERPRETING &

TRANSLATIONS, INC
Signature
Name
Title
ATTESTED BY:

Signature
Name
Title
Ida Zaghi
Director of Contracting
President
Igal Saidian

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EXHIBIT A
Scope of Work/Compensation Schedule
A citywide contract for Spanish language translation, transcription, and interpretation services is required to eliminate language barriers and provide access to information to the general public during an emergency or any public communication event. Services shall be performed in-person, via telecommunications devices, and/or for written documents.

Services required are as follows:

• In-person simultaneous and consecutive interpretation at public meetings and workshops.
• Virtual simultaneous and consecutive interpretation at public meetings and workshops.
• Interpretation of oral communication to and from English and Spanish. • Translation of written, electronic, website, and multi-media material. • Travel within the City of San Bernardino.
• Consultant's work schedule will vary, as these are as needed support services. • Responders shall be able to deliver an interpreter within forty-eight (48) hours after receiving a request from the City, except in the event of an emergency. In Emergency situations, the City may ask for interpretation or translation to be provided within two hours after receiving the request from the City.

Written Document Language Translation
• For written document translation: the Consultant shall be capable of receiving English language documents by e-mail, facsimile, or other electronic means, (i.e. PDF, standard word processing languages, etc.), U.S. Postal service or courier delivery.

• Written document language translation services shall be provided for routine or scheduled services, as well as urgent, expedited requests. The City will contact the Consultant and provide details regarding the nature of the document, the word count, the language to be translated, and the required completion date.

Mandatory Qualifications
• The Consultant shall maintain all licenses and certifications required by law for any interpreter provided. The Consultant shall provide proof of certifications/qualifications if requested. If at any time during the period of this agreement, the Consultant receives notification that an interpreter assigned has had their license, registration, or certification suspected or will be suspended; the Consultant must immediately notify the City of San Bernardino in writing.
• The Consultant agrees to provide the City of San Bernardino with the necessary and appropriate level of expertise applicable to the language translation and interpreting services.
• The Consultant shall meet the City's timelines for mobilization of services, including close proximity for response times within two (2) hours for critical events. • Interpreter/translator shall be able to communicate fluently and effectively in both English

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and Spanish.
• Interpreters/translators shall be competent in the use of government terminology. • Interpreter/translator shall be capable and diligent in following directions provided by staff or contract provider.
• Interpreter/translators shall be physically and emotionally capable and diligent. • Interpreters/translators shall be culturally competent. • Interpreters shall wear appropriate professional attire during the performance of In- Person Verbal Language Interpretation Services in performance of this Contract. • Consultant and/or Consultant's interpreters/translators m u s t arrive thirty (30) minutes but no less than fifteen (15) minutes prior to any requested start time to check in with City staff for any requested assignment, with no additional charge.

• Should Consultant and /or Consultants interpreters/translators fail to appear or arrive thirty (30) minutes after the requested start time for any requested assignment, Consultant agrees to discount the next future service by 25 percent of the total service charge. If the incident leading to the late arrival was out of the Consultant ’s control, Consultant can request an exemption from this provision. In order to obtain a valid exemption, Consultant must submit documentation to the City ’s satisfaction showcasing a valid reason for the late arrival. Approval of the exemption shall be subject to the City’s sole discretion. The City shall send written notice to the Consultant regarding the denial or approval of the exemption.

• Consultant's interpreters/translators shall be professionally recruited/hired by consultant.
• Consultant shall conduct professional reference checks for all interpreters/translators recruited/hired by consultant.
• Consultant shall be responsible for obtaining current computer software to read and edit documents in a variety of languages and fonts.
• Consultant shall provide reports on a monthly basis and upon request the following:
monthly and/or year to date reports itemizing, by type of service, account or facility name, name of language in which the service was provided, number of minutes interpreted, number of documents translated and total dollar expenditure.

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Attachment: Attachment 1 - Professional Agreement with Cal Interpreting Services Inc. (8733 : Approval of Spanish Interpretation Services, 15 Compensation Schedule

The price includes all necessary labor, materials, and fees to complete the work required under the Scope of Services. Federal taxes must not be included, as the City is exempt from paying federal taxes.

The City's Contract Officer will not allow:
• Any costs considered inappropriate for the reimbursement from taxpayer money.

Pricing for Services
The schedule of pricing for Spanish translation and interpretation service is as follows:

Document Translation Services Per Word
(3-4 business days)
Per Word
(<2 business days)

Spanish – all dialects $0.10 $0.12

Desktop Publishing services - $30
per hour

Transcription Service Per Audio
(48-hour notice)
Per Audio
(2-hour notice)

Spanish – all dialects

$40.00/hour $50.00/hour
Interpreter Services Per Hour
(48-hour notice)
Per Hour
(2-hour notice)

Onsite Consecutive Interpreting
(2 hour minimum)
$75.00 $90.00

Onsite Simultaneous Interpreting**
(3 hour minimum)
$80.00 $95.00

Video Remote Interpreting
(1 hour minimum)

$65.00 $78.00
*Consultant shall invoice every Net 30 days for completed services. ** Onsite Simultaneous Interpreting will include the use of two interpreters per assignment and each interpreter shall bill his or her time separately at the rates identified in this Exhibit.

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Attachment: Attachment 1 - Professional Agreement with Cal Interpreting Services Inc. (8733 : Approval of Spanish Interpretation Services,

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Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager

Subject: Adopt Ordinance No. MC-1575 (Student Film-Making Activities Permit Fee Waiver) (All Wards)

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Ordinance MC -1575 amending Chapter 19.70.030 of the San Bernardino Municipal Code to waive the Special Ev ents permit fee for students conducting filmmaking activities; and

2. Adopt a Student Filmmaking Activities Special Events Permit Fee Policy

Background
Currently, Section 19.70.025 of The City of San Bernardino Municipal Code (SBMC) requires the issuance of a Special Event Permit for all filmmaking activities that take place at a location within City limits. Activities covered under Section 19.70.025 of the municipal code include motion picture, television, or still photography, and a permit is required whether filming takes place on public or private property. To obtain a filming permit, an application, a certificate of insurance, a notarized property owner’s authorization, and the permit application fee of $260 must be submitted to the Planning Division f or processing at a minimum of five (5) business days prior to filming. For special events held on City owned property the certificate of insurance must be a minimum of $1,000,000 naming the City as additionally insured. For special events held on private p roperty, proof of an insurance policy for $1,000,000 is required. Academic Institutions often offer professional insurance that student can purchase to cover general liability requirements during their activities. One such program is California State University San Bernardino’s SAFECLIP, which covers students ($5 per student) performing community service or volunteer work for academic credit and/or students in radio, television or film academic programs.

On April 6, 2022, the Mayor and City Council introdu ced, read by title, and waived further reading of Ordinance No. MC-1575. A summary of Ordinance No. MC -1575 has since been published in accordance with the California Government Code. Ordinance No. MC-1575 may now be adopted by the Mayor and City Council. 14 Packet Pg. 397
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Discussion
Local governments and academic institutions play a vital role in setting policy within their respective jurisdictions. Establishing a successful partnership between the City and local academic institutions creates a positive force in the liv es and career trajectories of enrolled students. Cities should make a concerted effort to best accommodate students who seek to use publicly owned spaces or facilities to further their pursuit of educational goals and activities. One of the best ways juris dictions can contribute to the creativity of local students is by implementing policies that remove financial barriers to success. In recent years, the cities of Redlands and Riverside have both passed amendments to their municipal code to provide permit f ee waivers for all students engaged in academic filmmaking activities on City property. In order to qualify, students would need to submit an application and accompanying required documentation to the Planning Division in advance of their event date. In ad dition to the proposed ordinance amending the municipal code to waive the film permit application fee for students, staff recommends adopting a Student Filmmaking Activities Special Events Permit Fee Policy with the following requirements:

1. A Filming Permit Application

2. A letter written on school letterhead by a school administrator or instructor stating that the applicant is enrolled in a recognized United States institution and that the film is not a commercial release.

2021-2025 Key Strategic Targets and Goals
The adoption of a Special Events Filming Permit Fee Waiver and an amendment to Chapter 19.70.30 of the San Bernardino Municipal Code aligns with Key Target No. 2:

Focused Aligned Leadership and Unified Community.

Fiscal Impact
There is lit tle to no fiscal impact to the general fund. Filming permit fees represent a small portion of the Planning Division’s annual permit fee revenue.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Ordinance MC-1575 amending Chapter 19.70.030 of the San Bernardino Municipal Code to waive the Special Events permit fee for students conducting filmmaking activities; and

2. Adopt a Student Filmmaking Activities Special Events Permit Fee Policy

Attachments
Attachment 1 Ordinance No. MC-1575
Attachment 2 Student Filmmaking Activities Special Events Permit Fee Policy Attachment 3 City of San Bernardino Filming Permit Application

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Ward: All

Synopsis of Previous Council Actions:

July 17, 2019 Mayor and City Council adopted Ordinance MC-1519.

July 6, 2019 Mayor and City Council adopted Ordinance MC-1414.

April 6, 2022 Mayor and City Council held a public hearing and introduced Ordinance No. MC -1575 amending Chapter 19.70.030 of the San Bernardino Municipal Code to waive the Special Events permit fee for students conducting filmmaking activities
14 Packet Pg. 399
Ordinance No. MC-1575
– 1 of 3 –
ORDINANCE NO. MC-1575

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO , CALIFORNIA
AMENDING CHAPTER 19.70.030 OF THE SAN

BERNARDINO MUNICIPAL CODE TO WAIVE THE

SPECIAL EVENTS PERMIT FEE FOR STUDENTS

CONDUCTING FILMMAKING ACTIVITIES
WHEREAS, under Section 19.70.0 30 of the City’s Municipal Code, film -making activities may only be conducted following issuance of a special events permit and payment of an accompanying fee; and
WHEREAS, the City now wishes to exempt students of educational establishments engaged in film-making activities from the special events permit fee; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE MAYOR AND CITY CO UNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Section 19.70.030 of Chapter 19.70 of the San Bernardino Municipal Code is hereby amended to state in full as follows:
“19.70.030 Exemptions
The following uses are exempt from the provisions of this chapter:

1. Garage and yard sales, provided the sales do not occur more than 12 times per year, for no more than three days per event, and only on the third weekend of the month, in compliance with Municipal Code Section 8.14.070.

2. Temporary outdoor displays and sales, pursuant to Chapter 5.22 of the Municipal Code.

3. City-sponsored uses and activities, or act ivities occurring on City -owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits, encroachment permits, etc.) may be required.

In addition to the foregoing, the following uses shall be exempt from any permit fees required to be paid for a permit under this Chapter:

A. A student of a U.S. educational institution seeking a special event permit for film -making activities upon presentation of a signed letter on school letterhead from a school administrator or instructor stating that the applicant is currently enrolled in the institution and that the filming activities are for educational purposes and not intended for commercial release.”

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Attachment: Attachment 1 Ordinance MC-1575 Amending Chapter 19.70.30 of the San Bernardino Municipal Code (8913 : Adopt Ordinance No.

Ordinance No. MC-1575
– 2 of 3 –
SECTION 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this Ordinance are declared to be severable.

SECTION 4. CEQA. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. Effective Date. This Ordinance shall become effective thirty ( 30) days after the date of its adoption.

SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

__________________________________
Genoveva Rocha, CMC, City Clerk

Approved as to form:

__________________________________
Sonia R. Carvalho, City Attorney

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Attachment: Attachment 1 Ordinance MC-1575 Amending Chapter 19.70.30 of the San Bernardino Municipal Code (8913 : Adopt Ordinance No.

Ordinance No. MC-1575
– 3 of 3 –

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk , hereby certify that the attached is a true copy of Ordinance No. MC-___, introduced by the Mayor and City Council of the City of San Bernardino, California, at a regular meeting held the day of _________ 22 . Ordinance No. MC - ___ was approved, passed and adopted at a regular meeting held the day of , 2021 by the following vote:

WITNESS my hand and official seal of the City of San Bernardino this day of ____________, 2022.

______________________________
Genoveva Rocha, CMC, City Clerk

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Attachment: Attachment 1 Ordinance MC-1575 Amending Chapter 19.70.30 of the San Bernardino Municipal Code (8913 : Adopt Ordinance No. _____________________________________________________________________________________________ City of San Bernardino – Student Filmmaking Activities Special Events Permit Waiver Policy

City of San Bernardino
Student Filmmaking Activities Special Events Permit Fee Policy

____________________________________________________________________________

Subject: Student Filmmaking Activities Special Events Permit Fee Policy

Purpose: To govern the policies and procedures of the Student Filmmaking Activities Special Events Permits.

Authority: San Bernardino City Charter, Article III
San Bernardino City Charter, Article IV

Policy: In order to qualify for a permit fee waiver , students must submit an application and accompanying required documents to the Planning Division at a minimum of five (5) business days prior to filming.

Student Filmmaking Activities Special Events Permit Fee Policy Requirements:

1. A Filming Permit Application

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Attachment: Attachment 2 Student Filmmaking Activities Special Events Permit Waiver Policy (8913 : Adopt Ordinance No. MC-1575 (Student Filming Permit Application 09/2020

CITY OF SAN BERNARDINO
Community Development Department, Planning Division
Office: 201 North E Street, 3rd Floor
Mail: 290 North D Street
San Bernardino, CA 92401
Phone (909) 384-7272
Web address: www.sbcity.org

FILMING PERMIT APPLICATION

APPLICANT / ORGANIZATION NAME: ________________________________________________________________ Address: ________________________________________________________________________________________ City, State, Zip: ___________________________________________________________________________________ Primary Contact: _________________________________________________________________________________ Telephone: _____________________________________________________________________________________ E-mail: _________________________________________________________________________________________

PROPOSED FILMING LOCATION: ____________________________________________________________________ Address: ________________________________________________________________________________________ City, State, Zip ___________________________________________________________________________________ Location Contact: _________________________________________________________________________________ Telephone: ______________________________________________________________________________________ E-mail: _________________________________________________________________________________________

PROJECT TYPE:
 Filming  Taping  Photography
 Other: _________________

In order for City Parking violations to not be issued during your specified time frame, it is essential that a complete list of vehicles be supplied as part of your permit application. Please include vehi cles from the applicant, agents and/or employees that will be parking on city streets or City parking lots. Please attach an additional sheet if necessary)

Make Model License Plate

Description of scene(s) to be filmed/taped/photographed: _________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________

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Attachment: Attachment 3 Filming Permit Application (8913 : Adopt Ordinance No. MC-1575 (Student Film-Making Activities Permit Fee Waiver) Filming Permit Application 09/2020

SPECIAL SERVICE REQUEST

Services of the San Bernardino Police Department may be secured by calling (909) 384-5357 at a rate of $ ______/hr, per employee. Arrangements must be secured by the applicant.

Services of the San Bernardino County Fire De partment may be secured by calling (909) 384 -5357 at a rate of $ ______/hr, per employee. Arrangements must be secured by the applicant.

SUBMITTAL REQUIREMENTS

 Notarized Property Owner’s Authorization.
 Proof of insurance ($1,000,000.00 minimum) naming the City of San Bernardino as additional insured for events held on City owned property. For events held on private property, proof of insurance ($1,000,000.00 minimum) only is required. This must be an original document or a letter from the insurance company.

PROPERTY OWNER’S AUTHORIZATION:

I am the legal owner of said property and do hereby authorize use of the property for the temporary use outlined in this application.

____________________________________________ ____________________________________ Signature of Property Owner Date

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document

Subscribed and sworn to (or affirmed) before me this __________ day of ______________________, 20 ___________ Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

____________________________________________ (seal)

NOTARY PUBLIC

I hereby certify, under penalty of perjury, that the information filled in above is correct. I agree to comply with all applicable State, County, and City of San Bernardino laws, including conditions of approval, pertaining to the operation of this event.

____________________________________________ ____________________________________ Signature of Applicant Date

Applications may be email to the Planning Division: [email protected]

A complete application must be accompanied by the Planning Division processing fee at the time of submittal.

Note: Incomplete applications will not be accepted

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Attachment: Attachment 3 Filming Permit Application (8913 : Adopt Ordinance No. MC-1575 (Student Film-Making Activities Permit Fee Waiver)

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Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Kris Watson, Animal Services Director

Subject: California for All Animals Welcome Grant Award (All Wards)

Recommendation
Adopt Resolution No 2022 -75 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting a grant award in the amount of $5,000 from UC Davis for animal shelter programs; and

2. Authorizing the City Manager to conduct all negotiations signings and submittals of all necessary documents to receive the grant award; and

3. Authorizing the Director of Finance to amend the FY 2021/22 Budget to appropriate $5,000 of the grant funding for animal shelter programs and services.

Background
In July 2021, California Governor Gavin Newsom, included $50 Million dollars for an Animal Shelter Assistance Program. These funds are being distributed by the UC Davis Koret School of Shelter Me dicine to animal shelters throughout the State in grant funding. The California for All Animals initiative through UC Davis offered $5,000 grants to all eligible shelters in the state as a welcome to the new program. There will be an opportunity to apply f or additional grant funding through this program to support programs and services to the community later this year.

Discussion
The $5,000 in grant funding will be utilized to help our long -stay dogs get adopted into permanent homes through training and enrichment.

Through the purchase of additional enrichment and training tools, our staff and volunteers will work with our adoptable dogs to teach them basic commands and manners, such as ‘sit’, ‘stay’, or ‘leave it’. These skills will help make them more adoptable to members of the public and less likely to be returned to the shelter after adoption for behavior reasons.

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2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2: Focused, Aligned Leadership and Unified Community through the opportunity for increased community engagement at the shelter.

Fiscal Impact
There is no fiscal impact to the general fund for this project. The budget for fiscal year 2021/22 will need to be amended to include the $5,000 in grant funding.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No 2022-75:

1. Accepting a grant award in the amount of $5,000 from UC Davis for animal shelter programs; and

2. Authorizing the City Manager to conduct all negotiations signings and submittals of all necessary documents to receive the grant award; and

3. Authorizing the Director of Finance to amend the FY 2021/22 Budget to appropriate $5,000 of the grant funding for animal shelter programs and services.

Attachments
Attachment 1 Resolution No. 2022-75
Attachment 2 UC Davis Grant Agreement

Ward: All
Synopsis of Previous Council Actions: N/A
15 Packet Pg. 407
Resolution No. 2022-75

Resolution 2022-75
May 4, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-75

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DEPARTMENT OF ANIMAL

SERVICES TO ACCEPT A GRANT AWARD IN THE
AMOUNT OF $5,000 FROM UC DAVIS FOR ANIMAL
SHELTER PROGRAMS ; DELEGATING AUTHORITY TO

THE CITY MANAGER TO CONDUCT ALL

NEGOTIATIONS SIGNINGS AND SUBMITTALS OF ALL

NECESSARY DOCUMENTS TO RECEIVE THE GRANT
AWARD; AND AUTHORIZING THE DIRECTOR OF
FINANCE TO AMEND THE FISCAL YEAR 202 1/22
BUDGET TO APPROPRIATE $5,000 OF THE GRANT

FUNDING FOR ANIMAL SHELTER PROGRAMS AND

SERVICES

WHEREAS, the City of San Bernardino Department of Animal Services has been approved for grant funding by UC Davis; and
WHEREAS, the City is working to increase adoption of dogs at the shelter; and WHEREAS, the grant funding would support the City in its efforts.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorpo rated herein by this reference.

SECTION 2. The Mayor and City Council hereby approves the acceptance of grant funds from UC Davis.

SECTION 3. The Mayor and City Council hereby delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope.

SECTION 4. The Mayor and City Council hereby authorizes the Director of Finance to amend the FY 202 1/22 Budget to appropriate $5,000 of the grant funding for animal shelter programs and services.

SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in th at the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the

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Attachment: Attachment 1 - Resolution No. 2022-75 California for All Animals Welcome Grant Award [Revision 2] (8920 : California for All Resolution No. 2022-75

Resolution 2022-75
May 4, 2022

Page 2 of 3 ends

environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Attachment: Attachment 1 - Resolution No. 2022-75 California for All Animals Welcome Grant Award [Revision 2] (8920 : California for All Resolution No. 2022-75

Resolution 2022-75
May 4, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-___, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

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Attachment: Attachment 1 - Resolution No. 2022-75 California for All Animals Welcome Grant Award [Revision 2] (8920 : California for All UCD #_______
1 of 4
UC Davis Agreement #_______

SERVICES AGREEMENT
(San Bernardino City Animal Shelter)

THIS GRANT AGREEMENT (“Agreement”) is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“University”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (“Facility”) and SAN BERNARDINO CITY ANIMAL SHELTER (“Shelter”) in connection with the California of All Animals statewide animal shelter assistance program (“Program”).

The parties agree as follows:

1. Shelter Services. Shelter shall provide the services fully described in “Exhibit A ”, attached hereto and by this reference made a part hereof (collectively the “Services” ). University shall reimburse Shelter for administrative costs (“Expenses”) pursuant to Section 2 below. “Deliverables” shall consist of annual data reports and surveys for the life of the program, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.

2. Payment by University. In consideration of Shelter’s Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to excee d $5,000 to be disbursed upon final signature below.

Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e- mail address [email protected]
.

3. Term. Services shall be rendered from February 14, 2022 through January 31, 2027.

4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.

5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.

6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another

harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.

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Attachment: Attachment 2 - UC Davis Grant Agreement (8920 : California for All Animals Welcome Grant Award (All Wards)) UCD #______

Page 2 of 4 ends

7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.

8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s control.

9. Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.

10. Use of University’s Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.

11. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:

UNIVERSITY (regarding contracts) SHELTER (regarding contracts) Valerie A. Roque Kristine Watson
Business & Revenue Contracts Director
University of California, Davis San Bernardino City Animal Shelter One Shields Ave. 333 Chandler Pl
Davis, CA 95616 San Bernardino, CA 92408
E-mail: [email protected] E-mail: [email protected]

UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]

12. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.

13. Governing Law. This Agreement shall be construed pursuant to California law.

14. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.gov/index.html/##11#1 ). This agreement shall be

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subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.

15. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days’ written notice of such action.

16. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.

AGREED:

SAN BERNARDINO CITY ANIMAL

SHELTER

THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA

By: By:
(authorized signature)

Print name:

UC Davis
Title:

Date: Date:

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Attachment: Attachment 2 - UC Davis Grant Agreement (8920 : California for All Animals Welcome Grant Award (All Wards)) UCD #_______
4 of 4
Exhibit A

Scope of Work

1. Purpose of work: San Bernardino City Animal Shelter will answer a baseline shelter profile questionnaire as well as share 5 years of historical intake and outcome data (2017-2021) and 5 years of subsequent year(s) intake and outcome data (2022-2026) to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program.

2. Responsibilities and obligations: Shelter responsibilities include: 1) submit 5 years of intake and outcome data; 2) submit each subsequent year annually by the end of the first quarter; 3) performing record keeping as required by CA4AA; and 4) complete annual survey.

KSMP will support the shelter in complying with any of the data requirements.

3. Term: Work will be completed during the contract period of February 14, 2022 through January 31, 2027.

4. Location of work to be performed: 333 Chandler Pl, San Bernardino, CA 92408

5. Deliverables: Annual intake and outcome data reports and surveys will be required for the life of the program.

6. Total cost of the services: Total of services not to exceed $5,000.

7. Payment schedule: Payment will be upon execution of the agreement.

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Attachment: Attachment 2 - UC Davis Grant Agreement (8920 : California for All Animals Welcome Grant Award (All Wards))

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Consent Calendar

City of San Bernardino
Request for Council Action

Date: May 4, 2022

To: Honorable Mayor and City Council Members

From: Robert D. Field, City Manager
By: Oliver Mujica, Planning Division Manager

Subject: Adopt Ordinance No. MC-1574 (Public Hearing Notification) (All Wards)

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1574 adopting Development Code Amendment 21 - 04 amending Chapter 19.52 (Hearings and Appeals) of Title 19 (Development Code) of the City of San Bernardino Municipal Code updating the public hearing notification requirements for discretionary land use entitlement applications.

Background
California Government Code Section s 65090, 65091 and 66451.3 establishes procedures for the processing of discretionary land use entitlement applications and the related public hearing noticing requirements. Cities and Counties are required to adopt these requirements, but at no time can t he locally adopted requirements be less restrictive than that of the State’s.

Staff has reviewed the City’s existing code requirements against those of the State Government Code and identified the fact that the City’s public hearing noticing requirements are more restrictive than the State’s requirements. Specifically, the State’s minimum distance for notifying a property owner of an upcoming public hearing is 300 feet, however, the City’s requirement is 500 feet. Moreover, both the State and the City only requires that only a property owner be notified of an upcoming hearing.

Although the City’s existing public hearing notification requirements may be more restrictive than that of the State’s, the City’s requirements may not be adequate for notifying t he public of an upcoming public hearing due the large number of absentee property owners and consequently the large number of rental tenants. Thus, not all residents are adequately notified of a public hearing, and in turn may not have an opportunity to ex press their concerns and/or comments that a potential project within their vicinity may or may not impact them. Additionally, based upon past general public concerns, cities have adopted even more restrictive public notification requirements. It is not uncommon today for cities to have adopted a 1,000 -foot public hearing notification requirement.

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Under Ordinance No. MC -1574 (Development Code Amendment 21 -04), Section

19.52.020 of the City of San Bernardino Development Code will be amended to read, as follows:

“Applications shall be reviewed and processed in a manner consistent with the provisions of the California Government Code Sections 65090, 65091 and 66451.3.

Chapter 19.52 (Hearings and Appeals) of the San Bernardino Municipal Code establishes public notification requirements. The existing code requirements are as follows:

Not less than 10 days before the date of a hearing, public notice shall be given of such hearing by the following methods:

1. By one publication in a newspaper of general circula tion within the City. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body;

2. By mailing, 10 days prior to said hearing, postage prepaid , to the owners and tenants (residential and business) of a property within a radius of 1,000 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners and tenants
(residential and business) as shown upon the current tax assessor's records. Notice is deemed received two days after date of postmark. The list of property owner and tenant (residential and business) addresses shall be typed upon gummed labels, together with required postage. The list shall be prepared and certified by the applicant or a title insurance company. The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and the notice shall be prepared in English and Spanish.

3. In the event that the number of owners and tenants (residential and business) to whom notice would be sent is greater than 1,000 feet, notice may be given at least 10 days prio r to the hearing by placing a display advertisement of at least 1/8 page in the newspaper having the greatest circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and

4. By mailing, 10 days prior to said hearing, postage prepaid, to 16 Packet Pg. 416
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the owner of the subject real property or the owner's authorized agent, and to each local agency e xpected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body. Notice is deemed received 2 days after date of postmark.”

Discussion
On February 16, 2022, the Mayor and City Council conducted a public hearing and introduced Ordinance No. MC -1574 amending Chapter 19.52 (Hearings and Appeals) of Title 19 (Development Code) of the City of San Bernardino Municipal Code updating the public hearing notification requirements for discretionary land use entitlement applications.

Ordinance No. MC-1574 is now ready for adoption and will become effective on June 3, 2022.

2021-2025 Key Strategic Targets and Goals
Development Code Amendment 21 -04 aligns with Key Target No. 4: Ensure Development of a Well -Planned, Balanced, and Sustainable City . Specifically, updating the public hearing notification requirements will help ensure that the community is aware of upcoming discretionary land use entitlement applications. Public comments are a key component in balancing development in the community.

Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1574 adopting Development Code Amendment 21 - 04 amending Chapter 19.52 (Hearings and Appeals) of Title 19 (Development Code) of the City of San Bernardino Municipal Code updating the public hearing notification requirements for discretionary land use entitlement applications.

Attachment
Attachment 1 Ordinance No. MC-1574 (Development Code Amendment 21-04)

Ward: All

Synopsis of Previous Council Actions:

February 16, 2022 Mayor and City Council introduced Ordinance No. MC -1574 to approve Development Code Amendment 21-04.
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Ordinance No. MC-1574
1 ORDINANCE NO. MC-1574

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 21-04
AMENDING CHAPTER 19.52 (HEARINGS AND APPEALS )
OF TITLE 19 (DEVELOPMENT CODE) OF THE CITY OF

SAN BERNARDINO DEVELOPMENT CODE UPDAT ING

THE PUBLIC HEARING NOTIFICATION

REQUIREMENTS FOR DISCRETIONARY LAND USE
ENTITLEMENT APPLICATIONS ; AND FINDING THAT
DEVELOPMENT CODE AMENDMENT 21 -04 IS EXEMPT

FROM REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

WHEREAS, California Government Code Sections 65090, 65091 and 66451.3 establish procedures for the processing of discretionary land use entitlement applications and the related public noticing requirements. Specifically, the State’s minimum distance for notifying a property owner of an upcoming public hearing is 300 feet. Cities and Counties are required to adopt these requirements, but at no time can the locally adopted requirements be less restricti ve than that of the State; and

WHEREAS, Section 19.52.020 (Hearings and Appeals – Application Processing) of the City of San Bernardino Development Code requires a 500-foot distance for notifying a property owner of an upcoming public hearing , which may not be adequate for notifying the public of an upcoming public hearing due the large number of absentee property owners and consequently the large number of residential rental tenants; and

WHEREAS, not all residents may be adequately notified of a public h earing under the present notification process , and in turn may not have an opportunity to express their concerns and/or comments that a potential project within their vicinity may or may not impact them; and

WHEREAS, based upon past general public concerns, other cities have adopted even more expansive public notification requirements. It is not uncommon today for cities to have adopted a 1,000-foot public hearing notification requirement; and

WHEREAS, on June 21, 2021, the Mayor and City Council directed staff to prepare a Development Code Amendment to increase the public hearing notification requirement from 500 feet to 1,000 feet, and that the public hearing notification not only include the property owner, but also tenants residing on the property; and

WHEREAS, Development Code Amendment 2 1-04 is a City-initiated amendment to Section 19.52.020 (Hearings and Appeals – Application Processing) of the City of San Bernardino Development Code (Title 19) to update the public hearing notification requirements for discretionary land use entitlement applications; and

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2 WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has prepared Development Code Amendment 21-04 in compliance with the California Government Code, consistent with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and

WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community and Economic Development Department evaluated Development Code Amendment 21-04 and determined that it is not a project within the meaning of State CEQA Guidelines Section 15378, and alternatively is exempt from CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines; and

WHEREAS, on September 14 , 2021, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to cons ider public testimony and the staff report, and adopted Resolution 20 21-024 forwarding a recommendation of approval of Development Code Amendment 21-04 to the Mayor and City Council; and

WHEREAS, notice of the February 16 , 202 2 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on February 1, 2022 in accordance with Development Code Chapter 19.52; and

WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 21-04.

NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Compliance with the California Environmental Quality Act. As the decision-making body for the project, the Mayor and City Council has reviewed and considered the information contained in the administrative record for Development Code Amendment 21-04.

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Co uncil, the Mayor and City Council hereby finds, as follows:

(1) The administrative record has been completed in compliance with the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA Guidelines;

(2) Development Code Amendment 21-04 is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Development Code Amendment 2 1-04 does not authorize any specific development within the City’s boundaries. Development Code Amendment 21-04 it is exempt from CEQA because the adoption of the Development Code Amendment is covered by the general rule that CEQA applies only to projects which have the potential for causing

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3 a significant effect on the environment (State CEQA Guidelines, Section 15061(b)(3)). The proposed Development Code Amendment to update the public hearing notification requirements for discretionary land use entitlement applications is exempt from the requirements of CEQA under Section 15061(b)(3) (Review for Exemption ) of the CEQA Guidelines due to the fact that the proposed Development Code Amendment will not create significant effects on the environment as it consists of updates to the public hearing notification requirements for discretionary land use entitlement applications within the provisions of Sections 65090, 65091 and 66451.3 of the California Government Code; and

(3) The determination of CEQA exemption reflects the independent judgment of the Mayor and City Council.

SECTION 3. Finding of Facts – Development Code Amendment 21-04

Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: Development Code Amendment 21-04 is consistent with the General Plan, as follows:

✓ Land Use Goal 2.1: Preserve and enhance San Bernardino’ s unique neighborhoods.
✓ Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

The adoption and implementation of Development Code Amendment 21-04 is consistent with the City’s General Plan by allowing for greater notification to the gener al public during the City’s processing, review and consideration of discretionary land use entitlement applications in order to minimize potential impact s within residential neighborhood and business districts, towards the City’s residents and businesses, and the community at- large. While at the same time, as regulated by Development Code Amendment 21 -04, public hearing notifications will be provided in compliance with California Government Code Sections 65090, 65091 and 66451.3.

Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: The adoption and implementation of Development Code Amendment 21-04 is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, convenience, and general welfare. The adoption and implementation of Development Code Amendment 2 1-04 will help ensure tha t the community is aware of upcoming discretionary land use entitlement applications because p ublic comments are a key component in balancing development within the community.

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4 SECTION 4. Development Code Amendment 21-04 to amend Section 19. 52.020 (Hearings and Appeals – Application Processing) of the City of San Bernardino Development Code (Title 19) is hereby approved, as follows:

“Applications shall be reviewed and processed in a manner consistent with the provisions of the California Government Code Sections 65090, 65091 and 66451.3.

Chapter 19.52 (Hearings and Appeals) of the San Bernardino Municipal Code establishes public notification requirements. The existing code requirements are as follows:

Not less than 10 days before the date of a hea ring, public notice shall be given of such hearing by the following methods:

1. By one publication in a newspaper of general circulation within the City. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body;

2. By mailing, 10 days prior to said hearing, postage prepaid, to the owners and tenants (residential and business) of a property within a radius of 1,000 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners and tenants (residential and business) as shown upon the current tax assessor's records. Notice is deemed received two days after date of postmark. The list of property owner and tenant (residential and business) addresses shall be typed upon gummed labels, together with required postage. The list shall be prepared and certified by the applicant or a title insurance company. The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and the notice shall be prepared in English and Spanish.

3. In the event that the number of owners and tenants (residential and business) to whom notice would be sent is greater than 1,000 feet, notice may be given at least 10 days prior to the hearing by placing a display advertisement of at least 1/8 page in the newspaper having the greatest circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and

4. By mailing, 10 days prior to said hearing, postage prepaid, to the owner of the subject real property or the owner's authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the propose d project. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing,

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5 and the hearing body. Notice is deemed received 2 days after date of postmark.”

SECTION 5. Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.

SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any r eason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 8. Notice of Adoption . The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2022.

John Valdivia, Mayor
City of San Bernardino

Attest:

Genoveva Rocha, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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6 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )

I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1574, introduced by the City Council of the City of San Bernardino, California at a regular meeting held at the 16th day of February, 2022 and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _____ ____, 2022 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER

WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022.

Genoveva Rocha, CMC, City Clerk

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Mayor and City CouncilMay 4, 2022

Mayor and City Council
May 4, 2022