Agenda packet — Mayor and City Council, June 15, 2022 (part 1 of 8)

CITY OF SAN BERNARDINO
AGENDA

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, AND MAYOR

AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND

CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY
WEDNESDAY, JUNE 15, 2022
5:45 PM – OPEN SESSION 6:00 PM – CLOSED SESSION 7:00 PM – OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander
COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra Robert D. Field
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
MAYOR PRO TEM, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK:
https://sbcity.tiny.us/PublicCommentOptions
o Please contact the City Clerk’s Office at (909) 384-5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o Si necesita un intérprete en Español comuníquese con la Secretaria Municipal 72 horas antes de la reunión del consejo. [email protected]
To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link https://tinyurl.com/agendabackup061522 o From the City’s homepage www.sbcity.org select the Government category -> City Clerk -> on the Navigation menu select Search for Records Online -> Council Agendas -> Current Year 2022 -> Meeting Date
Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 2 Printed 6/10/2022

CALL TO ORDER
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Theodore Sanchez   
Council Member, Ward 2 Sandra Ibarra   
Mayor Pro-Tem, Ward 3 Juan Figueroa   
Council Member, Ward 4 Fred Shorett   
Council Member, Ward 5 Ben Reynoso   
Council Member, Ward 6 Kimberly Calvin   
Council Member, Ward 7 Damon L Alexander   
Mayor John Valdivia   
City Manager Robert D. Field   
City Attorney Sonia Carvalho   
City Clerk Genoveva Rocha   

OPEN SESSION
5:45 P.M.

PUBLIC COMMENT

1. American Rescue Plan Act Check Presentation - Guadalupe Field (Ward 1)

CLOSED SESSION PUBLIC COMMENT

CONVENE INTO CLOSED SESSION

CLOSED SESSION
A) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) (HR):

Agency Designated Representative: City Manager or designee Employee Organizations: San Bernardino Police Management Association B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) (MCC):

Agency Designated Representative: City Manager or designee Employee Organization: City Clerk

C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 (CED):

Property: Arden/Guthrie (Assessor Parcel No.’s: 1191-021-01, 1191- 021-11 to 69, 1191-041-17 to 22, and 1191-041-25 to
32).

City Negotiator: Robert D. Field or designee
Negotiating Party: Joseph Rich, Rich Development Company Under Negotiation: Price and Terms of Exclusive Negotiating Agreement Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 3 Printed 6/10/2022

RECONVENE INTO OPEN SESSION
7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

CITY MANAGER UPDATE

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS

PRESENTATIONS

2. Resolution for Dean McVay, Esq. President, Board of Directors SB Symphony Association (All Wards)

3. Proclamation for Juneteenth - June 2022 (All Wards)

4. Proclamation for National Parks & Recreation Month - July 2022

5. Citizen of the Month - Johnny Cervin June 2022 (Ward 7)

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

DISCUSSION

6. Designation of Voting Delegates and Alternates - 2022 League of California Cities Annual Conference & Expo September 7-9 , 2022 (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one voting delegate and two alternate voting delegates to the 2022 League of California Cities Annual Conference & Expo on September 7-9, 2022 in Long Beach, California.

7. Ethics Training for All City Employees (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, discuss and provide direction on the establishment of ethics training for all City of San Bernardino employees. Staff recommends expanding the requirement of AB 1234 training to all employees required to file under the City's Conflict of Interest Code and utilizing online training available through Vector Solutions for all other employees.

Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 4 Printed 6/10/2022

PUBLIC HEARINGS

8. Development Code Amendment 22-01 (Home Occupational Permits) (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. MC1583 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 22-01 amending Section 19.54.030 (Operating Standards) of the City of San Bernardino Municipal Code (Title 19) updating the standards for home occupations; and finding the Ordinance is exempt under the California Environmental Quality Act (Attachment 1); and

2. Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on July 20, 2022.

9. Request to Amend Commercial Cannabis Business Permit CCB 18-0021 (Ashe Society – 590 S. E Street) to Provide a Change in Location (Ward 1) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the Commercial Cannabis Business Permit (CCB) 22-0001, Change of Location for Ashe Society SB, LLC from 590 S. E Street to 444 N. H Street.

10. Public Hearing for Draft Annual Action Plan (All Wards) • Recommendation
• It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct public hearing No. 1 on the review of the draft Fiscal Year 2022- 2023 Annual Action Plan (AAP) associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs.

11. Resolution Confirming Assessments for Unpaid Solid Waste Collection Services (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2022-111 of the Mayor and City Council of the City of San Bernardino, California, making determinations and confirming assessments and proceedings for unpaid solid waste collection services.

Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 5 Printed 6/10/2022

12. Public Hearing on Annexation No. 15 to Community Facilities District 2019-1 (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing;

2. Adopt Resolution No. 2022-112 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 15);

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

4. Adopt Resolution No. 2022-113 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. 15);

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1584 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No MC-1584 for July 20, 2022.

13. Public Hearing on Annexation No. 19 to Community Facilities District 2019-1 (Ward 4)
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. 2022-114 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 19);

3. Hold a special landowner election and canvass the election; Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 6 Printed 6/10/2022

4. Adopt Resolution No. 2022-115 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 19);

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1585 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No. MC-1585 for July 20, 2022.

14. Public Hearing on Annexation No. 20 to Community Facilities District 2019-1 (Ward 7)
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. 2022-116 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 20);

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

4. Adopt Resolution No. 2022-117 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 20);

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1586 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No MC-1586 for July 20, 2022.

Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 7 Printed 6/10/2022

15. Public Hearing on Annexation No. 23 to Community Facilities District 2019-1 (Ward 7)
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. 2022-118 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 23);

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

4. Adopt Resolution No. 2022-119 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. 23);

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1587 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No. MC-1587 for July 20, 2022.

CONSENT CALENDAR

16. Notice and Call of the General Municipal Election to be Consolidated with the San Bernardino County Statewide Election to be Held on Tuesday, November 8, 2022 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the General Municipal Election on Tuesday, November 8, 2022:

1. Adopt Resolution No. 2022-120 calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the San Bernardino City Charter;

2. Adopt Resolution No. 2022-121 Requesting the Board of Supervisors of the County of San Bernardino consolidate a General Municipal Election to be held on Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 8 Printed 6/10/2022 Tuesday, November 8, 2022, with the Statewide General Election to be held on the same date pursuant to section 10403 of the Elections Code;

3. Adopt Resolution No. 2022-122 adopting regulations for Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 8, 2022.

17. Resolution Authorizing the City Manager to Apply for a $300,000 TCC Planning Grant (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2022-123 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or designee to submit an application for a $300,000 Transformative Climate Communities (TCC) Planning Grant from the California Strategic Growth Council and execute all related documents if awarded.

18. City Board, Commission, and Citizen Advisory Committee Minutes Approved in April/May 2022 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in April and May 2022.

19. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018-1 (Safety Services) Annexation No. 5 (TR 20258) (Ward 7) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2022-124 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 5) and authorizing the levy of special taxes therein.

20. Amendment No. 2 to the ESG-CV2 Subrecipient Agreement with Step Up on Second Street, Inc. (All Wards)
Recommendation
It is recommended that the Mayor and the City Council for the City of San Bernardino, California,

1. Approve Amendment No. 2 to the ESG-CV2 Subrecipient agreement between the City of San Bernardino and Step Up on Second Street, Inc.; and

2. Authorize the City Manager or designee to take any further actions and execute any further documents and certifications necessary to amend the agreement.

Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 9 Printed 6/10/2022

21. Risk Management Insurance Renewal Fiscal Year 2022-23 (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance, and cyber insurance, and authorize the City Manager or designee to execute any documents necessary to effect the renewal.

22. Approving Job Classifications and Amending the Salary Schedule (All Wards) Recommendation
Adopt Resolution No. 2022-125 of the Mayor and City Council of the City of San Bernardino, California, approving the following:

1. Agency Director of Administrative Services (U) job classification;

2. Agency Director of Community, Housing, and Economic Development (U) job classification;

3. Agency Director of Public Works, Operations, and Maintenance (U) job classification;

4. Animal License Inspector job classification;

5. Shelter Veterinarian job classification;

6. Increase to the salary range for the classification of Deputy Director/City Planner (U);

7. Increase to the salary range for the classification of Deputy Director of Public Works/City Engineer (U); and

8. Amendment of the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

23. Request Purchase Authorization for Network Refresh (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the purchase of equipment with Sehi Computer Products, Inc. and Vector Resources, Inc. using respective contracts of NASPO and CMAS; and authorize the Director of Finance to issue a purchase order to Sehi Computer Products, Inc in an amount not to exceed $180,000 and to Vector Resources, Inc. in an amount not to exceed $273,000.

24. Purchase Authorization for FY 2022-23 Annual Usage Fees, Software Maintenance, and Hardware Maintenance (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the purchase of Annual Usage Fees, Software Maintenance, and Hardware Maintenance with Accela, Earth Science Research Institute (ESRI), OneMeeting (formerly known as PrimeGov), Tyler Technologies, and Verizon for FY 2022-23 for approximately $1.25 million.

Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 10 Printed 6/10/2022

25. Art Projects Throughout the City (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the public art programs.

26. 2022-25 Senior Nutrition Program (All Wards)
Recommendation

1. Adopt Resolution No. 2022-126 of the Mayor and City Council of the City of San Bernardino, California approving a San Bernardino County Department of Aging and Adult Services (DAAS) Contract for Elderly Nutrition Program Services in the amount of $1,220,000 for the contract period of July 1, 2022 through June 30, 2025;

2. Ratify the Grant Budget submittal and accept the Grant Award of $406,667;

3. Authorize the Director of Finance or designee to amend the FY 2022/23 and FY 2023/24 adopted budgets to reflect grant revenue and expenditures accordingly; and approve certain related purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2022 through June 30, 2023

27. Red Cross Centennial Campaign Program (All Wards)
Recommendation
Adopt Resolution No. 2022-127 of the Mayor and City Council of San Bernardino, California, approving the award of grant funds; and authorizing the City Manager or his designee to execute a Licensed Training Provider Agreement and Addendum with the Red Cross for the Centennial Campaign Program.

28. Outdoor Equity Grant Award Acceptance (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following actions:

1. approve and accept the awarded grant funds from the California Department of Parks and Recreation Outdoor Equity Program (OEP) in the amount of $605,321.26;

2. Authorize the City Manager, or designee, to execute any documents related to the grant award;

3. Adopt Resolution 2022-134 authorizing the Director of Finance to amend the FY 2022/23-24 operating budget and appropriate the grant funds for the period of April 2022 through April 2025.

29. Setting the 2022 Regulatory Fee for the Sale of Fireworks (All Wards) Recommendation
Adopt Resolution No. 2022-128 of the Mayor and City Council of the City of San Bernardino, California, setting the 2022 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino.

Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 11 Printed 6/10/2022

30. Approval of the Municipal Facilities License Agreement (MLA) Between the City of San Bernardino and New Cingular Wireless PCS, LLC (AT&T) for the Installation of Small Cell Facilities on Municipal Facilities; and Determine that the MLA is Categorically Exempt from CEQA (All Wards)
Recommendation
Adopt Resolution No. 2022-129 of the Mayor and City Council of the City of San Bernardino, California, approving the Municipal Facilities License Agreement (MLA) between the City of San Bernardino and New Cingular Wireless PCS, LLC (AT&T) for the installation of Small Cell Facilities on Municipal Facilities; and determine that the MLA is Categorically Exempt from CEQA.

31. Construction Contract Award – Installation of Advanced Dilemma Zone Detection at 49 Intersections on Three Corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue (Wards 1, 2, 3, 4, 6 & 7) Recommendation
Adopt Resolution No. 2022-130 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorizing the Director of Finance to record a budget amendment in the amount of $1,930,825.40 from the Highway Safety Improvement Program (HSIP) grant fund balance for the construction and installation of the Advanced Dilemma Zone Detection System at 49 signalized intersections; and

2. Approving the award of a Construction Contract with Elecnor Belco Electric, Inc. in the amount of $3,757,314 for the construction and installation of the Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors:

Baseline Street, Mount Vernon Avenue, and Highland Avenue; and

3. Authorizing the project construction, construction contingencies and inspection costs in the total amount of $3,879,340 for the construction and installation of the Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue; and

4. Authorizing the City Manager, or designee, to expend the contingency fund, if necessary, to complete the project.

32. Amendment No. 4 to Agreement with Tetra Tech, Inc. (Ward 1) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute all documents in support of Amendment No. 4 to the Agreement with Tetra Tech for the 2nd Street Bridge replacement at Warm Creek.

Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 12 Printed 6/10/2022

33. Adopt Ordinance MC-1581, Amending Ordinance MC-1522 and Levying Special Taxes - CFD 2019 - 1, Annexation No. 14 (Ward 3) Recommendation
Adopt Ordinance MC-1581 of the Mayor and City Council, of the City of San Bernardino, California, amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

34. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services) Annexation No. 18, Tax Zone No. 19 (N.

Meridian) (Ward 7)
Recommendation
Adopt Resolution No. 2022-131 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. 18) and authorizing the levy of a special taxes therein.

35. Issuance of PO to Phoenix Contracting for Animal Service 34 Ft Mobile Spay/Neuter Vehicle (All Wards)
Recommendation
Adopt Resolution No. 2022-132 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Phoenix contracting in the amount not-to-exceed $600,000 to purchase one 34- foot mobile spay/neuter vehicle; and authorize the Director of Finance to appropriate $600,000 from the grant fund to the Animal Services motor vehicle expense account to cover cost of mobile 34-foot spay/neuter vehicle.

36. Revised Five-Year Capital Improvement Program (FY 2021/22 to FY 2025/26) for Measure I Local Expenditures (All Wards)
Recommendation
Adopt Resolution No. 2022-133 of the Mayor and City Council of the City of San Bernardino, California, approving the Revised Measure I Five-Year Capital Improvement Plan for Fiscal Year 2021/22 through Fiscal Year 2025/26 and Measure I Expenditure Strategy.

37. Amendment No. 2 to Agreement with Z&K Consultants, Inc. (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Z&K Consultants, Inc., extending the agreement until December 31, 2022.

Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 13 Printed 6/10/2022

38. Agreement with Parkwood Landscape Maintenance, Inc. for Landscape Maintenance and Overseeding at (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 Maintenance Services Agreement with Parkwood Landscape Maintenance, Inc., for landscape maintenance and grass turf overseeding at all City parks, greenways, and recreation corridors; and

2. Authorize the Director of Finance to appropriate funds in the amount of $3,425,946.12 to the Public Works Parks Maintenance General Fund; and issue a purchase order in an amount not to exceed $3,425,946.12 annually with four one-year extensions at the City’s option for Fiscal Year 2022/23.

39. Award Professional Services Agreement for Construction Management and Inspections Services for the Installation of Advanced Dilemma Zone Detection at 49 Intersections on Three Corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue (Wards 1, 2, 3, 4, 6 & 7)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Professional Service Agreement to Infrastructure Engineers in the amount of $110,630 for construction management and inspections services for the construction and installation of Advanced Dilemma Zone Detection system at 49 signalized intersections at three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

40. Elected Officials Compensation Advisory Commission (All Wards) (Council Member Alexander)

41. Renaming Gutierrez Park to Gutierrez Park on Route 66 (All Wards) (Council Member Calvin)

42. Censure of the Mayor (All Wards) - Council Members Calvin and Alexander

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, July 20, 2022, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 14 Printed 6/10/2022

CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the June 15, 2022 Special Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City’s bulletin board located at 201 North “E” Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City’s website sbcity.org on June 10, 2022.

I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________
Genoveva Rocha, CMC, City Clerk

NOTICE OF A SPECIAL MEETING OF THE

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DATE: June 10, 2022
SUBJECT: Special Meeting on Wednesday, June 15, 2022.

NOTICE IS HEREBY GIVEN that the City Manager of the City of San Bernardino, with consensus of the City Council, has called a Special Meeting for Wednesday, June 15, 2022, at 5:45 p.m.

Said meeting shall begin at a special time of 5:45 p.m. to accommodate the 5:00 p.m. swearing-in ceremony of the San Bernardino Chief of Police.

ADJOURNMENT
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the regular meeting on Wednesday, June 15, 2022. Open Session will begin at 7:00 p.m.

Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 15 Printed 6/10/2022 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized.

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.

The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 16 Printed 6/10/2022

PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909-384-5002 or [email protected] for assistance outside of this timeframe.
2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut-off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://sbcity.tiny.us/PublicCommentOptions .
3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom)
a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 900-6833. When prompted, enter the Meeting ID: 677-845-9453 Passcode: 2021
The public may begin joining the meeting on Zoom or by calling-in to be added to the speaker queue at 5:15 PM for Closed Session.

Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time:
ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller’s phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.

Continued next page…
Regular Meeting Agenda June 15, 2022
Mayor and City Council of the City of San Bernardino Page 17 Printed 6/10/2022 B) Join the Meeting by clicking on the Zoom link below:
https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09
Meeting ID: 677 845 9453
Passcode: 2021
You can also Go to Zoom.us and click "Join a Meeting" at the top.

Enter the Meeting ID: 677-845-9453
Passcode: 2021
Public Hearings:

If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed.

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Presentation
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: American Rescue Plan Act Check Presentation - Guadalupe Field (Ward 1)
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Closed Session
City of San Bernardino
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Subject: Closed Session
A) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) (HR):

Agency Designated Representative: City Manager or designee Employee Organization: City Clerk

C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 (CED):

Property: Arden/Guthrie (Assessor Parcel No.’s: 1191-021-01, 1191- 021-11 to 69, 1191-041-17 to 22, and 1191-041-25 to
32).

City Negotiator: Robert D. Field or designee
Negotiating Party: Joseph Rich, Rich Development Company Under Negotiation: Price and Terms of Exclusive Negotiating Agreement Packet Pg. 19

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Presentation
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: John Valdivia, Mayor
Subject: Resolution for Dean McVay, Esq. President, Board of Directors SB Symphony Association
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Resolution Recognizing and Honoring
Dean McVay, Esq.

President, Board of Directors
San Bernardino Symphony Association
WHEREAS the mission of the San Bernardino Symphony Association is to foster a love of music, excite the spirit, and enrich its diverse community and region through live orchestral performance and music education;
WHEREAS the role of the Association’s Board of Directors is to support and advance the organization’s mission through ethical policy-making, active ambassadorship and sustainabilityfocused fiduciary oversight; WHEREAS Dean McVay has served as the President of the San Bernardino Symphony Orchestra Board of Directors since 2017 and as a committee chair and Association Board Member since 2004;
WHEREAS during his presidency, Dean McVay has worked tirelessly toward the advancement of the Association’s mission, achieving previously unreached heights of artistic and civic engagement;
WHEREAS Dean McVay lead the Association through an international conductor search resulting in the placement of world-renowned maestro Anthony Parnther; WHEREAS during his tenure, the annual budget of the Association tripled, now allowing the provision of more performances and artistic education experiences than at any time in its history;
WHEREAS during his tenure the Association adopted robust diversity and inclusion policies and practices resulting in a more representative Board and Orchestra; WHEREAS during his tenure, the Association received a $2 million bequest which, now conservatively invested, provides sustainable operations funding; WHEREAS during his tenure, an annual $75,000 contribution to the Association was made a part of the City of San Bernardino’s annual budget;
WHEREAS during his tenure, the Association creatively dealt with the challenges of the COVID19 pandemic, creating professionally produced digital concerts to uplift music lovers from around the world, including students in the San Bernardino City Unified School District which was gifted each of the three concert videos for asynchronous classroom usage; WHEREAS Dean McVay has provided invaluable insight, perspective and guidance to the Association, creating a culture of collaboration and consensus-driven decision-making to the benefit of the entire region;
WHEREAS Dean McVay’s desire to expand orchestral repertoire to better represent the diverse tastes of the region is, today, a deeply rooted part of the culture of the San Bernardino Symphony Association;
NOW THEREFORE BE IT RESOLVED that the City of San Bernardino acknowledges and extends its gratitude to Dean McVay for his commitment, dedication, and invaluable contributions as President of the San Bernardino Symphony Association and as a community champion and regional artistic leader.

Presented on this 15th day of June 2022

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Attachment: Attachment 1 - Dean McVay, Esq. President, Board of Directors SB Symphony Assoc (9020 : Resolution for Dean McVay, Esq.

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Presentation
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: John Valdivia, Mayor
Subject: Proclamation for Juneteenth (All Wards)
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Juneteenth Proclamation
June 2022
WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863, declaring the slaves in Confederate territory free, paving the way for the passing of the 13th Amendment which formally abolished slavery in the United States of America; and
WHEREAS, word about the signing of the Emancipation Proclamation was delayed some two and one half years, to June 19, 1865, in reaching authorities and AfricanAmericans in the South and Southwestern United States; and WHEREAS, Emancipation Day observations are held on different days in different states in the South and Southwest, and in other parts of the nation; and WHEREAS, June 19th has a special meaning to African-Americans, and is called "JUNETEENTH" combining the words June and Nineteenth, and has been celebrated by the African-American community for over 150 years; and WHEREAS, the annual Juneteenth celebration in the City of San Bernardino will take place on June 18, 2022.

NOW THEREFORE BE IT RESOLVED, the City of San Bernardino Mayor and City Council, do hereby declare June 18, 2022, as

JUNETEENTH
We urge all citizens to become more aware of the significance of this celebration in African-American History and in the heritage of our nation and City.

Presented on this 15th day of June 2022

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Attachment: Attachment 1 - Proclamation-Juneteenth 2022 [Revision 1] (9036 : Proclamation for Juneteenth (All Wards))

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Presentation
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: John Valdivia, Mayor
Subject: National Parks & Recreation Month - July 2022 (All Wards) 4 Packet Pg. 24
Designation of July as Park and Recreation Month
WHEREAS, parks and recreation is an integral part of communities throughout thiscountry, including City of San Bernardino; and
WHEREAS, parks and recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and WHEREAS, parks and recreation promotes time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimers; and
WHEREAS, parks and recreation encourages physical activities by providing space for popular sports, hiking trails, swimming pools and many other activities designed to promote active lifestyles; and
WHEREAS, parks and recreation is a leading provider of healthy meals, nutrition services and education; and
WHEREAS, park and recreation programming and education activities, such as outof-school time programming, youth sports and environmental education, are critical to childhood development; and
WHEREAS, parks and recreation increases a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, parks and recreation is fundamental to the environmental well-being of our community; and
WHEREAS, parks and recreation is essential and adaptable infrastructure that makes our communities resilient in the face of natural disasters and climate change; and
WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and
WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and
WHEREAS, City of San Bernardino recognizes the benefits derived from parks and recreation resources.

NOW THEREFORE BE IT RESOLVED, the City of San Bernardino Mayor and City Council do hereby designate the month of July as Park and Recreation Month in the City of San Bernardino.

Presented this 15th Day of June 2022

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Attachment: Attachment 1 Proclamation for National Parks & Recreation Month - July 2022 [Revision 2] (9038 : National Parks & Recreation

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Presentation
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Damon L Alexander, Council Member, Ward 7
Subject: Citizen of the Month - Johnny Cervin June 2022 (Ward 7) 5 Packet Pg. 26
City of San Bernardino

FROM THE

MAYOR AND CITY COUNCIL HONORING

JOHNNY CERVIN
JUNE 2022

CITIZEN OF THE MONTH AWARD
Concerned
Investor
Time/Talent
Involved
Zealous
Enthusiastic
Neighborly
In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 15th day of June 2022

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Attachment: Attachment 1 - Johnny Cervin (Ward 7) Citizen of the Month (JUNE) 06-15-2022 MCC (9039 : Citizen of the Month - Johnny Cervin

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Discussion
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Subject: Designation of Voting Delegates and Alternates – 2022 LCC Annual Conf & Expo Sept. 7-9, 2022 (All Wa
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one voting delegate and two alternate voting delegates to the 2022 League of California Cities Annual Conference & Expo on September 7-9, 2022 in Long Beach, California.

Background
The 2022 League of California Cities Annual Conference & Expo will be held on September 7-9, 2022. One very important aspect of the Annual Conference is the General Business Meeting when the membership takes action on conference resolutions that establish Cal Cities policy. Annual conference resolutions guide individual cities and the League of California Cities in efforts to improve the quality, responsiveness, and vitality of local government in California.

To expedite the conduct of business at the above-referenced policy-making meeting, the League of California Cities has requested that each City designate a voting representative and up to two alternate voting delegates. At least one must be present during the Business Meeting on Friday, September 9, 2022, and in possession of the voting card in order to cast a vote.

Voting delegates must be designated as soon as possible so that proper records can be established for the conference. The City of San Bernardino must return the Voting Delegate/Alternate form to the Cal Cities Office no later than Friday, September 2, 2022.

Discussion
Select a voting delegate and up to two alternates for the 2022 League of California Cities Annual Conference & Expo on September 7-9, 2022. 2021-2025 Strategic Targets and Goals
Selecting a Voting Delegate and attending the Business Meeting at the 2022 League of California Cities Annual Conference & Expo aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community.
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Fiscal Impact
No fiscal impact to the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one Voting Delegate and two Alternate Voting Delegates to the 2022 League of California Cities Annual Conference & Expo on September 7-9, 2022, in Long Beach, California.

Attachments
Attachment 1 Designation Letter from League of California Cities dated June 1, 2022
Attachment 2 2022 Annual Conference Voting Delegate/Alternate form Ward: All
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Attachment: Attachment 1 - MCC.Designation of Voting Delegates and Alternates letter dated 6-1-2022 (9034 : Designation of Voting Delegates

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Attachment: Attachment 1 - MCC.Designation of Voting Delegates and Alternates letter dated 6-1-2022 (9034 : Designation of Voting Delegates

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Attachment: Attachment 1 - MCC.Designation of Voting Delegates and Alternates letter dated 6-1-2022 (9034 : Designation of Voting Delegates

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Attachment: Attachment 2 - MCC.2022 Annual Conference Voting Delegate-Alternate Form (9034 : Designation of Voting Delegates and

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Attachment: Attachment 2 - MCC.2022 Annual Conference Voting Delegate-Alternate Form (9034 : Designation of Voting Delegates and

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Discussion
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: René Anderson, Director of Human Resources
Subject: Ethics Training for All City Employees (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, discuss and provide direction on the establishment of ethics training for all City of San Bernardino employees. Staff recommends expanding the requirement of AB 1234 training to all employees required to file under the City's Conflict of Interest Code and utilizing online training available through Vector Solutions for all other employees.

Background
On January 19, 2022, the Mayor and City Council directed staff to bring forth, as an item for future discussion, the consideration of ethics training for all City employees.

Under California Assembly Bill 1234 (AB 1234), local officials are required to complete a minimum of two (2) hours of ethics training within their first year of employment and every two years thereafter. This requirement applies to elected and certain appointed officials who receive either compensation for their public service or reimbursement for their expenses. Historically, the City has recognized the Mayor, City Council Members, City Manager, Assistant City Manager, City Clerk, Department Directors, and members of the Planning Commission as its local officials.

The City also maintains, and regularly updates, a Conflict of Interest Code that determines City Officials, and other positions managing public investments, who are required to file their statements of economic interests either electronically with the Fair Political Practices Commission (FPPC) or with the City Clerk as the City’s Filing Officer.

Discussion
The City requires that all employees commit to a standard of conduct that maintains the public’s trust and confidence and promotes an ethical climate. The role and responsibility of the public servant requires ethical considerations. As individual personal values vary and are not intuitive, there exist governmental ethics laws, which address issues such as gifts, honoraria, conflicts of interests, recusals, political activity, the misuse of position or confidential information, outside employment, and the revolving door. The world of governmental ethics is complex, playing a critical role in 7 Packet Pg. 35
8862

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defining ethical conduct for public officials, and requires every employee be subject to existing laws and personnel rules. These rules and laws include, but are not limited to:
• Political Reform Act - serves as the legal foundation of governmental ethics in California, generally prohibiting public officials from being involved in decisions affecting their financial interests.
• California Government Code 1090 - prevents the entry of contracts for which a decision maker may have a financial interest.
• Misuse of Public Funds Rules and Political Activities Rules - addresses the lending or permitting another to use public funds in an unauthorized manner or for private benefit.
• California Transparency Laws:
o Brown Act requires local government to conduct business openly and transparently.
o California Public Records Act contains an ethics component for maintaining and not deleting documents.
• Due Process Rights - forbids the denial to any person within its jurisdiction the equal protection of the laws and requires officials not to prejudge matters subject to a hearing.
• Incompatible Offices and Incompatible Activities Rules - prohibits a public official from holding other positions or engaging in activities that are not compatible with the public trust.
• Municipal Code - Among other things, includes purchasing rules which impose fairness rules when procuring goods and services.
• Personnel Rules - Includes rules against nepotism, conflicts of interest, and generally regulates employment practices.

Currently, the City Clerk’s office manages the ethics requirements of local officials - particularly AB 1234 compliance and the Conflict of Interest Code. When an employee is hired, who is identified to meet the criteria of the AB 1234 and or Conflict of Interest Code filing requirements (Form 700 Filers), they are added to a database and tracked throughout their employment to ensure compliance. Employees who will make decisions on behalf of the City are notified upon hire of their requirement to complete the AB 1234 Ethics Training. The City’s Conflict of Interest Code is updated biennially. The next update is already underway in anticipation of a completion date of March 2023. Conflict of Interest Code requirements are on the City’s website, identifying positions and disclosure categories that ties to a schedule on the Form 700.

Additionally, the City contracts with Vector Solutions, formerly Target Solutions, for online learning to our employees. Vector Solutions offers basic training on “Ethics in the Workplace” as instructional modular videos followed by a Quiz as an assessment of learning. The course requires that students pass a 10-question exam before the system will issue a Certificate of Completion. This training is readily available to all employees and proffers a remedy for a secure uniform body of ethics training citywide. Human Resources could necessitate a Certificate of Completion by a certain period from employees, monitor for compliance, and utilize this as a platform to build upon. 7 Packet Pg. 36
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To that end, staff recommends the expansion of AB 1234 training to all Form 700 Filers.

This will increase the number of employees undergoing detailed ethics training. In addition, staff recommends requiring the more simplified online ethics training available through Vector Solutions for all other employees. We believe this is the right balance to avoid overwhelming employees who are not decision makers for the City with the complicated AB 1234 training as it does not impact their daily duties and responsibilities. Yet, this will assist in creating a culture where ethical considerations are a part of everything we do.
2021-2025 Key Strategic Targets and Goals
Authorization of this development aligns with Key Target No. 2: Focused, Aligned, Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
There is no financial impact.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, discuss and provide direction on the establishment of ethics training for all City of San Bernardino employees. Staff recommends expanding the requirement of AB 1234 training to all employees required to file under the City's Conflict of Interest Code and utilizing online training available through Vector Solutions for all other employees.

Attachments
Attachment 1 City of San Bernardino Conflict of Interest Code Ward: All
Synopsis of Previous Council Action: N/A
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LAW OFFICES OF

BEST BEST & KRIEGER LLP
55600.00100\33293381.3 BBK – December 2020

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO

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Attachment: Attachment 1 - Conflict of Interest Code (8862 : Ethics Training for All City Employees (All Wards))

LAW OFFICES OF

BEST BEST & KRIEGER LLP
55600.00100\33293381.3 1 BBK – December 2020

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO
(Amended March 3, 2021)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, (tit. 2 Cal. Code of Regs, § 18730), that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing, Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of San Bernardino (“City").

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission.

All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. All officials and designated positions required to submit a statement of economic Interests shall file their statements with the City Clerk as the Town’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, members of the City Council, the City Manager, the City Attorney and the City Treasurer, and forward the originals of these statements to the Fair Political Practices Commission. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008)

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Attachment: Attachment 1 - Conflict of Interest Code (8862 : Ethics Training for All City Employees (All Wards))

LAW OFFICES OF

BEST BEST & KRIEGER LLP
55600.00100\33293381.3 App. A-1 BBK – December 2020

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO
(Amended March 3, 2021)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments. 1 These positions are listed here for informational purposes only.

Finance Manager/Deputy City Treasurer
Investment Consultants
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

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Attachment: Attachment 1 - Conflict of Interest Code (8862 : Ethics Training for All City Employees (All Wards))

LAW OFFICES OF

BEST BEST & KRIEGER LLP
55600.00100\33293381.3 App. A-2 BBK – December 2020

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
Accounting Manager 5
Administrative Analyst (ALL) 5
Administrative Division Manager 5
Administrative Services Manager 5
Administrative Services Officer 5
Administrative Services Supervisor 5
Animal Control Manager 5
Applications Development Manager 5
Assistant Chief of Police 5
Assistant City Clerk 5
Assistant City Manager 1, 2
Assistant Planner 3, 5, 6
Assistant Purchasing Agent 4
Assistant to the Mayor 5
Associate Planner 3, 5, 6
Budget Officer 4
Building Inspector (ALL) 3, 5, 6
Building Maintenance Division Manager 3, 5
Building Official 3, 5, 6
Business Registration Manager 5, 6
CATV Broadcast Engineering Coordinator 5
Chief Assistant City Attorney 1, 2
Chief Building Official and Safety Division Manager 3, 5, 6 DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED

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Attachment: Attachment 1 - Conflict of Interest Code (8862 : Ethics Training for All City Employees (All Wards))

LAW OFFICES OF

BEST BEST & KRIEGER LLP
55600.00100\33293381.3 App. A-3 BBK – December 2020
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Chief Deputy City Clerk 1, 2
Chief of Police 5
Chief of Staff 5
City Clerk 5
City Engineer 1, 2
Code Enforcement Division Manager 5
Code Enforcement Officer (ALL) 5
Community Development Block Grant (CDBG)/
Housing Program Assistant 5, 7
Community Development Block Grant (CBDG) Coordinator 5, 7 Community Intervention Program Manager 5, 7
Community Policing Specialist 5
Community Recreation Center Supervisor 5
Community Recreation Manager 5
Community Recreation Program Coordinator 5
Community Recreation Program Supervisor (Soccer) 5
Community Relations Supervisor Assistant to the City Manager 5 Community Services Officer Supervisor 5
Construction Inspector (ALL) 3, 6
Construction/Survey Manager 2, 5
Deputy City Attorney (ALL) 1, 2
Deputy City Clerk 5
Deputy City Manager 1, 2
Deputy Director City Engineer 1, 2
Deputy Director City Planner 1, 2
Deputy Director of Parks, Recreation & Community 1, 2
Deputy Director of Public Works-City Engineer 1, 2
Deputy Director of Finance Dept. 5
Deputy Engineer 1, 2

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Attachment: Attachment 1 - Conflict of Interest Code (8862 : Ethics Training for All City Employees (All Wards))

LAW OFFICES OF

BEST BEST & KRIEGER LLP
55600.00100\33293381.3 App. A-4 BBK – December 2020
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Deputy General Manager 1, 2
Development Services Technician 5
Director of Animal Services 5
Director of Community & Economic Development 1, 2
Director of Finance 4
Director of Human Resources 5
Director of IT 5
Director of Parks, Recreation & Community Services 1, 2 Director of Public Works 1, 2
Director, Water Reclamation 3, 5, 6
Director, Water Utility 3, 5, 6
Economic Development Division Manager 1, 2
Electrical, Instrumentation, and SCADA Superintendent 5 Emergency Operations Manager 5
Engineering Assistant (ALL) 2, 3, 6
Engineering Associate 2, 5
Engineering Manager 2, 3, 5
Environmental Control Officer 2, 5
Environmental Projects Specialist 2, 5
Equipment Maintenance Manager 5
Equipment Maintenance Supervisor 5
Executive Staff Assistant to the City Council 5
Facilities & Fleet Maintenance Division Manager 5
Facilities Maintenance Supervisor 5
Fleet/Warehouse Supervisor 4
Forestry Supervisor 5
General Manager – Water 1, 2
GIS Administrator 5
Housing Compliance Officer 5

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Attachment: Attachment 1 - Conflict of Interest Code (8862 : Ethics Training for All City Employees (All Wards))

LAW OFFICES OF

BEST BEST & KRIEGER LLP
55600.00100\33293381.3 App. A-5 BBK – December 2020
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Housing Manager 1, 2
HR Analyst 5
Human Resources Division Manager 5
HVAC Supervisor 5
IEMG Broadcast Engineering Coordinator 5
IT Operations Supervisor 5
Landscape Inspector I/II 3, 5
Landscape Maintenance District Supervisor 3, 5
Library Director 5
Library Administrative Supervisor 5
Library IT Manager 5
Maintenance Supervisor 5
Manager of Communications 5
Operations & Maintenance Division Manager 2, 5
Parks and Landscape Supervisor 5
Parks Construction Lead Worker 5
Parks Maintenance Division Manager 5
Parks Superintendent 3, 5
Planning Division Manager 2, 3, 5, 6
Plans Examiner 2, 3, 5, 6
Police Captain 5
Police Lieutenant 5
Police Personnel & Training Manager 5
Principal Engineer, Water Dept. 2, 3, 5
Principal Engineer, Public Works Dept. 2, 5
Principal Planner 2, 3, 5, 6
Procurement/Contract Support Services Division Manager 5 Project Manager 2, 3, 5
Project Manager of Community Development Programs 5

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Attachment: Attachment 1 - Conflict of Interest Code (8862 : Ethics Training for All City Employees (All Wards))

LAW OFFICES OF

BEST BEST & KRIEGER LLP
55600.00100\33293381.3 App. A-6 BBK – December 2020
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Project Manager of Housing Programs 3, 5
Public Information Officer 5
Public Safety IT Manager 5
Purchasing Supervisor 4
Real Property Manager 1, 2
Real Property Specialist 1, 2
Recreation and Community Services Division Manager 5
Recreation Therapist 5
Retired & Senior Volunteer Program Manager 5
Risk Division Manager 5, 8
Senior Administrative Analyst 5
Senior Civil Engineer 2, 3, 5, 6
Senior Civil Engineer/Division Manager 2, 3, 5, 6
Senior Code Enforcement Officer 5
Senior Companion Program Manager 5
Senior HR/Risk Analyst 5
Senior Human Resources Technician 5
Senior Librarian 5
Senior Management Analyst 5
Senior Network Administrator 5
Senior Network Specialist 5
Senior Nutrition Food Services Supervisor 5
Senior Planner 2, 3, 5
Senior Plans Examiner 2, 3, 5, 6
Sewer Maintenance Supervisor 5
Street Signal/Lighting Supervisor 5
Supervising Animal Control Officer 5
Supervising Code Enforcement Officer 5
Survey Supervisor 3, 5

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Attachment: Attachment 1 - Conflict of Interest Code (8862 : Ethics Training for All City Employees (All Wards))

LAW OFFICES OF

BEST BEST & KRIEGER LLP
55600.00100\33293381.3 App. A-7 BBK – December 2020
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Traffic Engineer 2, 3, 5
Traffic Engineering Associate 2, 3, 5
Traffic Operations Systems Analyst 2, 3, 5
Treasury Supervisor 1, 2
Water Reclamation Maintenance Superintendent 5
Water Reclamation Operations Superintendent 5
Water Utility Distribution Superintendent 5
Water Utility Operations Superintendent 5
Water Utility Water Quality Control Officer 5

DESIGNATED BOARDS/COMMITTEES/COMMISSIONS
Oversight Board for the City of San Bernardino as 1, 2
Successor Agency to the Redevelopment Agency of the City of San Bernardino Board of Building Commissioners 1, 2
Personnel Commission 1, 2
Bureau of Franchises 1, 2
Board of Library Trustees 1, 2
Mobile Home Board 1, 2
Board of Police Commissioners 1, 2
Board of Water Commissioners 1, 2
Consultants
Consultants and New Positions2
2 Individuals serving as a consultant as defined in FPPC Reg. 18700.3(a) or in a new position must file under the broadest disclosure category set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to designate a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

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Attachment: Attachment 1 - Conflict of Interest Code (8862 : Ethics Training for All City Employees (All Wards))

LAW OFFICES OF

BEST BEST & KRIEGER LLP
55600.00100\33293381.3 App. B-1 BBK – December 2020
PART “B"

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned. 3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions and sources of income, including gifts loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in, business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments, business positions and income from business entities and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments, business positions and income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investment and business positions in business entities and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, licensing authority of the designated employee’s department, unit or division. 3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)

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LAW OFFICES OF

BEST BEST & KRIEGER LLP
55600.00100\33293381.3 App. B-2 BBK – December 2020
Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.

Category 8: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, if such entities or sources have filed claims against the agency in the past 2 years, or have a claim pending before the agency.

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Public Hearing
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Nathan Freeman, Community and Economic Development
Director
Subject: Development Code Amendment 22-01 (Home Occupational Permits) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

2. Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on July 20, 2022.

Background
The last comprehensive update to the City's Development Code (Title 19) was adopted in May 1991. Given the advancements and nature of technology, changing household dynamics and the societal transition to remote working, the City’s standards for home occupations are not conducive, or in some way, not practical for today’s business environment.

On February 8, 2022, the Planning Commission unanimously adopted Resolution No. 2022-009 forwarding a recommendation to the Mayor and City Council recommending approval of Development Code Amendment 22-01.

Discussion
Under Development Code Amendment 22-01, Section 19.54.030 (Home Occupation Permits - Operation Standards) of the City of San Bernardino Municipal Code (Title 19) will be amended in its entirety to read as follows (new language underlined and deleted language in strikethrough):
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19.54.030 Operating Standards
Home occupations shall comply with all of the following operating standards:

Notwithstanding the foregoing, in the event a business license is issued for a home occupation for which no Home Occupation Permit has been issued, such fact shall in no way affect the application and requirement of this Chapter;

2. Notwithstanding the foregoing, no Home Occupation Permit shall be required pursuant to this Chapter if the person engaged in the performance of work as an employee for an entity whose principal place of business is located elsewhere and the use of the dwelling generates no pedestrian or vehicular traffic beyond that customarily associated with the use of the dwelling for residential dwelling purposes;

3. A separate Home Occupation Permit shall be required for each home occupation being conducted within a dwelling;

4. 1. The home occupation shall not alter the outward appearance of the dwelling unit;

5. 2. There shall be no displays, sale or delivery of merchandise, or advertising signs on the premises;

6. 3. There shall be no signs other than the address and name of the resident;

7. 4. There shall be no advertising which identifies the home occupation by street address;

8. 5. The use of the dwelling as a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants confined completely to 1 room located within the dwelling. It shall not occupy an area equivalent to more than 15 10 percent of the total square footage for the dwelling gross area of 1 floor. The garage located on the premises may be utilized for storage of equipment, materials or supplies used in connection with the home occupation provided such storage does not use any space in the garage required for off-street parking. The use shall not involve storage of materials or supplies in any carport, accessory structure(s) or outside any structures. No portion of any garage, 8 Packet Pg. 50
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carport, or other accessory structure shall be used for home occupation purposes. Horticulture activities may be conducted outdoors, but within the rear 1/3 of the lot;

9. 6. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one (1) vehicle not to exceed a capacity of one and one-half tons owned by the operator of such home occupation. Only 1 vehicle no larger than a ¾ ton truck may be used by the occupant directly or indirectly in connection with a home occupation;

10.7. The home occupation shall not encroach into any required parking, setback, or yard open space areas;

11.8. There shall be no use or storage of material or mechanical equipment not recognized as being part of a normal household or hobby use;

12.9. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage;

13.10. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances;

14.11. Only the occupants of the dwelling may be engaged in the home occupation;

12. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises;

15.13. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located;

16.14. No home occupation shall be initiated until a current business license is obtained, pursuant to Title 5 of the Municipal Code;

17.15. A Home Occupation Permit shall not be transferable;

16. There shall be no more than 1 home occupation in any dwelling unit;

18.17. If the home occupation is to be conducted on rental property, the property owner’s or authorized representative shall provide written authorization for the proposed use shall be obtained prior to the submittal for a Home Occupation Permit; and
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19.18. Any special condition established by the Director and made part of the record of the Home Occupation Permit, as deemed necessary to carry out the intent of this Chapter.

General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development, as follow:
✓ 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.

Given the advancements and nature of technology, changing household dynamics and the societal transition to remote working, the adoption and implementation of Development Code Amendment 22-01 is consistent with the City’s General Plan by allowing for home occupations to operate while maintaining the character and minimizing potential impact within residential neighborhoods. Additionally, the adoption and implementation of Development Code Amendment 22-01 will help ensure that the residential character of the neighborhoods within the City are preserved. 2021-2025 Key Strategic Targets and Goals
Development Code Amendment 22-01 aligns with Key Target No. 4: Economic Development - Ensure Development of a Well-Planned, Balanced, and Sustainable City. Specifically, updating the home occupation standards will preserve the residential character of the neighborhoods within the City.

Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.

California Environmental Quality Act
The Planning Division conducted an environmental evaluation in connection with proposed Development Code Amendment 22-01 and concluded that it is exempt from 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 home occupation standards.

Conclusion
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. MC1583 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 22-01 amending Section 19.54.030 (Operating Standards) of the City of San Bernardino Municipal Code (Title 19) to update the standards for home occupations; and finding the Ordinance is exempt under the California Environmental Quality Act (Attachment 1); and 8 Packet Pg. 52
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2. Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on July 20, 2022.

Attachments
Attachment 1 Ordinance No. MC-1583 Home Occupation Permits Attachment 2 Planning Commission Resolution No. 2022-009 Attachment 3 Public Hearing Notice
Ward: All
Synopsis of Previous Council Actions: None
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Ordinance No. MC-1583
1 ORDINANCE NO. MC-1583

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 22-01
AMENDING SECTION 19.54.030 (OPERATING

STANDARDS) OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE (TITLE 19) UPDATING THE
STANDARDS FOR HOME OCCUPATIONS; AND FINDING

THE CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, the last comprehensive update to the City's Development Code (Title 19) was adopted in May 1991; and
WHEREAS, given the advancements and nature of technology, changing household dynamics and the societal transition to remote working, Development Code Amendment 22-01 is a City-initiated amendment to Section 19.54.030 (Home Occupation Permits – Operating Standards) of the City of San Bernardino Development Code (Title 19) to update the standards for home occupations; and
WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has prepared Development Code Amendment 22-01 consistent with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community and Economic Development Department evaluated Development Code Amendment 22-01 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 February 8, 2022, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2022-009 forwarding a recommendation of approval of Development Code Amendment 22-01 to the Mayor and City Council; and
WHEREAS, notice of the April 6, 2022 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on March 26, 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 Ordinance No. MC-1583.

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Attachment: Attachment 1 - Ordinance No. MC-1583 Home Occupation Permits (8875 : Development Code Amendment 22-01 (Home Ordinance No. MC-1583
2 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 22-01.

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, 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 22-01 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 22-01 does not authorize any specific development within the City’s boundaries. Development Code Amendment 22-01 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 a significant effect on the environment (State CEQA Guidelines, Section 15061(b)(3)). The Development Code Amendment to update the standards for home occupations 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 Development Code Amendment will not create significant effects on the environment as it consists of updates to the home occupation requirements; and (3) The determination of CEQA exemption reflects the independent judgment of the Mayor and City Council.

SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 22-01:

Section 19.42.050 (Findings) of the City of San Bernardino Development Code requires that Development Code Amendments meet certain finding prior to approval by the Mayor and City Council. Accordingly, the following findings are provided in support of the approval of Development Code Amendment 22-01:

Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: Development Code Amendment 22-01 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.

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Attachment: Attachment 1 - Ordinance No. MC-1583 Home Occupation Permits (8875 : Development Code Amendment 22-01 (Home Ordinance No. MC-1583
3 Given the advancements and nature of technology, changing household dynamics and the societal transition to remote working, the adoption and implementation of Development Code Amendment 22-01 is consistent with the City’s General Plan by allowing for home occupations to operate while maintaining the character and minimizing potential impact within residential neighborhood.

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 22- 01 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 of the City. The adoption and implementation of Development Code Amendment 22-01 will help ensure that the residential character of the neighborhoods within the City is preserved, while allowing for the operation of home occupations resulting from the advancements and nature of technology, changing household dynamics and the societal transition to remote working.

SECTION 4. Section 19.54.030 (Home Occupation Permits – Operation Standards) of the City of San Bernardino Municipal Code (Title 19) is hereby amended, in its entirety, to read as follows:
“19.54.030 Operating Standards
Home occupations shall comply with all of the following operating standards:

1. No person shall operate or engage in a home occupation without first obtaining a Home Occupation Permit in accordance with the provisions of this Chapter, and no business license shall be issued to the operator of a home occupation until a valid Home Occupation Permit is issued pursuant to the provisions of this Chapter. Notwithstanding the foregoing, in the event a business license is issued for a home occupation for which no Home Occupation Permit has been issued, such fact shall in no way affect the application and requirement of this Chapter;

3. A separate Home Occupation Permit shall be required for each home occupation being conducted within a dwelling;

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Attachment: Attachment 1 - Ordinance No. MC-1583 Home Occupation Permits (8875 : Development Code Amendment 22-01 (Home Ordinance No. MC-1583
4 4. The home occupation shall not alter the outward appearance of the dwelling unit;

5. There shall be no displays, sale or delivery of merchandise, or advertising signs on the premises;

6. There shall be no signs other than the address and name of the resident;

7. There shall be no advertising which identifies the home occupation by street address;

8. The use of the dwelling as a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants. It shall not occupy an area equivalent to more than 15 percent of the total square footage for the dwelling. The garage located on the premises may be utilized for storage of equipment, materials or supplies used in connection with the home occupation provided such storage does not use any space in the garage required for off-street parking. The use shall not involve storage of materials or supplies in any carport, accessory structure(s) or outside any structures;

9. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one (1) vehicle not to exceed a capacity of one and one-half tons owned by the operator of such home occupation;

10. The home occupation shall not encroach into any required parking, setback, or yard;

11. There shall be no use or storage of material or mechanical equipment not recognized as being part of a normal household or hobby use;

12. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage;

13. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances;

14. Only the occupants of the dwelling may be engaged in the home occupation;

15. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located;

16. No home occupation shall be initiated until a current business license is obtained, pursuant to Title 5 of the Municipal Code;

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Attachment: Attachment 1 - Ordinance No. MC-1583 Home Occupation Permits (8875 : Development Code Amendment 22-01 (Home Ordinance No. MC-1583
5 17. A Home Occupation Permit shall not be transferable;

18. If the home occupation is to be conducted on rental property, the property owner or authorized representative shall provide written authorization for the proposed use prior to the submittal for a Home Occupation Permit; and

19. Any special condition established by the Director and made part of the record of the Home Occupation Permit, as deemed necessary to carry out the intent of this Chapter.”
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 reason 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

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Attachment: Attachment 1 - Ordinance No. MC-1583 Home Occupation Permits (8875 : Development Code Amendment 22-01 (Home Ordinance No. MC
-1583
6 Approved as to form:

Sonia Carvalho, City Attorney

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7 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-1583, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 15th day of June, 2022. Ordinance No. MC-1583 was approved 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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Attachment: Attachment 2 - Planning Commission Resolution No. 2022-009 (8875 : Development Code Amendment 22-01 (Home Occupational

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Attachment: Attachment 2 - Planning Commission Resolution No. 2022-009 (8875 : Development Code Amendment 22-01 (Home Occupational This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3592167

JESSICA NAMETZ

SAN BERNARDINO CITY DEV SERVICE
300 NORTH D ST #300
SAN BERNARDINO, CA - 92418

HRGSB - NOTICE OF HEARING-SB
NOTICE OF PUBLIC HEARING Wednesday, June 15, 2022
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
06/04/2022
06/07/2022

SAN BERNARDINO
!A000006038635! Email

NOTICE OF PUBLIC HEARING
Notice is hereby given that the City
of San Bernardino Mayor and City
Council will hold a public hearing on
Wednesday, June 15, 2022 at 7:00
p.m. in the Feldheym Public
Library, Bing Wong Auditorium, 555
W. 6th Street, San Bernardino,
California 92410, on the following
item(s):

DEVELOPMENT CODE
AMENDMENT 22-01 - A Cityinitiated amendment to Chapter

19.54 (Home Occupation Permits) of
the City of San Bernardino
Development Code (SBMC -- Title
19) to update the standards for home
occupations.

Environmental Determination:

Statutory Exemption, pursuant to
Section 15061(b)(3)(Review for Exemption) of the State CEQA Guidelines
Applicant: City of San Bernardino
Community and Economic
Development Department Planning
Division
The Mayor and City Council of the
City of San Bernardino welcomes
your participation in evaluating
these items. The Mayor and City
Council will review the proposal and
will consider the proposed
environmental determination in
making its decisions. The public is
welcome to speak at the public
hearing or to submit written
comments prior to the hearing. For
more information, please contact
the City Clerk's Office by phone at
(909) 384-5002.

If you challenge the resultant action
of the Mayor and City Council in
court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City
Planning Division at, or prior to, the
public hearing.
6/4/22
SBS-3592167#

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Public Hearing
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Nathan Freeman, Community and Economic Development
Director
Subject: Request to Amend CCB Permit to Provide Change in Location (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the Commercial Cannabis Business Permit (CCB) 22-0001, Change of Location for Ashe Society SB, LLC from 590 S. E Street to 444 N. H Street.

Background
On February 21, 2019, Mayor and City Council awarded sixteen (16) Commercial Cannabis Business (CCB) Permits covering several different license types. Other applicants that were not awarded as part of the original 16, including Ashe Society, were placed on an Eligibility List for consideration at a later time.

Section 5.10.200(g) of the City of San Bernardino Municipal Code provides that “the location specified in the commercial cannabis business permit may not change without an amendment to the permit, processed in the same manner as an initial permit…”.

Accordingly, a permit holder is required to apply for an amendment to its CCB permit through the processes set out by Section 5.10.090 (Initial Permit Procedures) in order to change the location specified in that permit.

Additionally, as required by Section 5.10.180(c) of the City of San Bernardino Municipal Code, a Notice of Public Hearing was sent to all property owners located within a six hundred (600) foot radius of the proposed business location. In addition, as required by Section 5.10.180(i), the applicants have paid all fees as outlined in the Cannabis Fee Schedule.

Discussion
On September 2, 2020, the Mayor and City Council adopted Ordinance No. MC-1541, which increased the maximum number of CCB Permits authorized within the City pursuant to Section 5.10.080 of the San Bernardino Municipal Code.

On February 22, 2022, Ashe Society SB, LLC signed a Settlement Agreement with the City of San Bernardino as part of the City’s efforts to settle open litigation and fill the 9 Packet Pg. 69
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remaining Retail Licenses.

On February 24, 2022, Ashe Society SB, LLC submitted a request for a Zone Verification Letter (ZVL) for the property located at 444 North H Street. Subsequently, on May 19, 2022, Ashe Society SB, LLC, as the permit holder, submitted an application (CCB22-0001) in order to amend the location, from 590 South E Street to 444 North H Street, pursuant to the process and fees set forth in Section 5.10.090, as required by Section 5.10.200(g) of the San Bernardino Municipal Code.

Staff has reviewed the “Change in Location” request and the ZVL Application and determined that it meets all requirements set forth in Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code. Staff is recommending approval of the applicant’s request to the Mayor and City Council for its final determination, pursuant to Section 5.10.090 of the San Bernardino Municipal Code. 2021-2025 Key Strategic Targets and Goals
The report on the Commercial Cannabis Businesses is consistent with Key Target No 1:

Improved Operational & Financial Capacity. Specifically, allowing legalized commercial cannabis activities will allow the City to capture cannabis revenue.

Fiscal Impact
Commercial Cannabis Business Permit applicants are required to pay an application fee to recover the City’s costs for processing.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the Commercial Cannabis Business Permit (CCB) 22-0001, Change in Location for Ashe Society SB, LLC from 590 N. E Street to 444 N. H Street.

Attachments
Attachment 1 Commercial Cannabis Business Application (CCB) 22-0001 Attachment 2 Conceptual Design Plans
Attachment 3 Proof of Publication
Wards: 1
Synopsis of Previous City Council Actions:

February 21, 2019 CCB 18-0021 was placed on an Eligibility List for future consideration.
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ATTACHMENT A

ENVIRONMENTAL INFORMATION
Environmental Impact Mitigation Plan
With over 212,000 residents in San Bernardino, the City is offering a business opportunity to cannabis operators who will empower its local economy and the quality life of their community.

As your local downtown dispensary, ASHE plans to create an environmentally-conscious business the right way by being rigorous, goal-oriented and accountable in our operations. By creating long-term value, our company will ensure that even the small, simple things that our team can do in the day-to-day operations can truly lighten our footprint on the planet, reduce global warming and improve the quality of life for the community of San Bernardino. By integrating environmentally-conscious practices into our operations from the start, we start off on the right foot and genuinely take steps toward sustainability.

Our goal is to operate our business in a manner to ensure the health, safety and welfare of the community are protected.

GREEN BUSINESS

PRACTICES ASHE PROPOSED SOLUTIONS
Energy Efficiency
and Conservation
■ Incorporate energy saving methods into business operations to maximize energy efficiency ■ Install compact fluorescent or LED bulbs, electronic ballasts and photo sensitive controls in all areas of the premises, lights on timers, daylight sensor and dimmers ■ Install weather-stripping or window film
■ Perform a “duct leakage” test to find leaks in existing ducts (seal all joins and cracks ■ Replace AC units with a high-efficiency rating and that it’s the appropriate size based on the store’s electricity needs
Water and
Wastewater
Systems
■ Install dual flush toilets in customer and staff restrooms ■ Employ water conserving equipment and materials
■ Train and instruct ASHE staff to prevent discharge in storm drains Waste Reduction
and Recycling
■ Create a recycling program to collect and properly dispose all recyclables ■ Discounts for reusing ASHE cannabis shopping bags
■ Properly dispose solid waste
Climate-Friendly
Purchasing
■ Only purchase 30% post-consumer content paper
■ Provide filtered water for staff and to not purchase bottled waters ■ Donate used office supplies and equipment
■ Contract with vape companies that have less than 5% return rate of cartridges ■ Only provide hand dryers in bathrooms to reduce use of paper towels Renewable Energy
and Low Carbon
Fuels
■ Provide a discount to customers who travel to our store using an electric vehicle, arrive on foot or by bike
■ Purchase electric or hybrid delivery vehicles for our delivery services ■ Install electrical vehicle (EV) chargers to encourage employees and customers to drive more sustainably
Efficient
Transportation
■ Provide a discounted monthly bus pass to all employees ■ Install a bike rack in our parking lot to promote cycling more feasible and secure

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PROPOSED SUSTAINABLE DESIGN AND

BUILDING ELEMENTS
To further demonstrate our commitment to sustainable business practices, our ownership team pledges to integrate sustainable design elements into our store’s design and construction including:
■ Propose immediate improvements to the proposed
warehouse structure and the mechanical, electrical and
plumbing components since the building currently does
not meet modern energy efficiency standards
■ Minimize landfill bound demolition material from
construction through debris diversion and re-purposing
material whenever possible
■ Rely heavily on second and third-use materials such as reclaimed wood and re-purposed display casings keeping
these items from our landfills for the design/finish
elements of the proposed improvements
■ Implement temperature and airflow control over the
HVAC system
■ Properly seal the building envelope to increase the
building’s thermal quality
■ Create a high performance luminous environment
through the careful integration of Title 24-compliant LED light sources to improve the lighting quality and energy performance of the facility
■ Reduce operating energy with using design details that reduce air leakage through the building envelope (the
barrier between conditioned and unconditioned space)
■ Replace entrance with high-performance windows and
extra insulation in walls and ceilings
■ Reduce the overall carbon footprint of the structure and minimize the infrastructure needs of the business by
installing solar panels that meet or exceed the electrical needs of its day to day operations
■ Meet or exceed all Title-24 requirements
■ Use formaldehyde-free medium density fiberboard for
cabinets and displays will
■ Landscape with drought tolerant plants
Less electricity used means less
fossil fuels burned. While there
are cleaner methods to generate
energy, much of the electricity
generated today is still from nonrenewable sources such as oil and coal. Conservation of electrical
energy can help lower pollution
and reduce greenhouse gas
emissions.

Our operations team is dedicated
to working with the City of San
Bernardino to develop green
energy alternatives that will
minimize the cannabis industry’s
environmental impact.

When ASHE begins tenant
improvements for the San
Bernardino retail store, we will
ensure our contractors take
their demolition debris and
concrete waste to be recycled
from the construction site.

WHY CONSERVE ENERGY AND BE ENERGY-CONSCIOUS?

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SBMC 5.10.310 // Item C
No cannabis or cannabis products
or graphics depicting cannabis or
cannabis products shall be visible
from the exterior of any property
issued a commercial cannabis
business permit, or on any of the
vehicles owned or used as part of
the commercial cannabis business.

No outdoor storage of cannabis
or cannabis products is permitted
at any time.

Visibility of Cannabis Products for Sale or Storage
ASHE maintains the quality of life for San Bernardino residents by tastefully designing our commercial cannabis operation for the general public. From the exterior of the proposed retail building, our design looks like any other retail space without the use of any cannabis graphics. All advertising will also be discreet and displayed tastefully without provocative, hyper-sexualized female imagery or attractive to children of any kind. Welcoming and discreet signage will be locally-sourced objects. Signage will also adhered to SBMC special local guidelines as it relates to signage and notices including:
■ Conformance to SBMC Chapter 19.22 for issuance of a City sign permit ■ No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window.
■ Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited. ■ Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way.

In addition, in accordance with state law and regulations or as stipulated in the City of San Bernardino commercial cannabis business permit and as ongoing condition of permit issuance and subsequent renewal, ASHE agrees to not advertise as a commercial cannabis business located in the City of San Bernardino by utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising, anywhere in the state.

Outdoor Storage of Cannabis or Cannabis Products
ASHE will not have outdoor storage of any cannabis or cannabis products. In limited-access inventory rooms and locked display cabinets on the salesfloor, all cannabis or cannabis products will be secured in these areas only. The inventory rooms and salesfloor are equipped with multiple 24-hour surveillance security cameras as well as a controlled-access door permitted to authorized individuals only.

Containers for cannabis waste will also remain in the inventory room within a secured enclosure to be held until our cannabis waste vendor, Medi-Waste, picks up the waste. All trash receptacles shall be locked and secured, in a manner to prevent tampering, theft and/or removal of any cannabis trash receptacle.

To conceal cannabis waste, we use the following procedures:
■ Cannabis products are removed from packaging and made to be unrecognizable and unusable by smashing vape cartridges, crumbling pre-rolls, crumbling or grinding edibles and mixing the waste receptacle contents to make them further unrecognizable and unusable. ■ Destroyed cannabis or cannabis goods are placed in a waste receptacle labeled “Cannabis Waste,” which will be stored in a secured waste receptacle within our limited-access secure product storage room.

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SBMC 5.10.310 // Item D Each commercial cannabis
business shall have in place a
point-of-sale or management
inventory tracking system to
track and report on all aspects
of the commercial cannabis
business including, but not limited
to, such matters as cannabis
tracking, inventory data, gross
sales (by weight and by sale),
time and date of each sale and
other information which may
be deemed necessary by the
City. The commercial cannabis
business shall ensure that such
information is compatible with the
City's record-keeping systems. In
addition, the system must have
the capability to produce historical
transactional data for review.

Furthermore, any system selected
must be approved and authorized
by the City Manager or his/her
designee( s) prior to being used by
the permittee.

Reporting and Tracking of Product and of Gross Sales
ASHE plans to use the innovative retail cannabis tracking software, Meadow, for our Point-of-Sale (POS) system. Meadow encompasses a dispensary POS solution that was designed specifically for licensed commercial cannabis businesses and integrates with the State of California’s METRC track-and-trace system. Meadow consists of many advanced features that assist business owners in staying organized and compliant. The software tracks products, gross sales by weight and by sale, waste and destruction, along with monitoring a customer’s purchase limits. It also has an inventory management capability that automatically reports required data to the State’s system. This POS is currently implemented at our ASHE retail store in Orange County and will be used at our Los Angeles County retail location as well.

If city officials need access to our inventory system, our managers can easily create a username for the person(s) to access any information or produce a report for historical data. Types of reports include:
■ Current inventory
■ Historical inventory
■ Customer and check-in information
■ Inventory transfers
■ Inventory transactions
■ Inventory reconciliation
■ Purchase orders
METRC information is also readily available so you can review incoming METRC transfers as well as packages that are ready, received, finished, shipped, transferred or returned. Meadow also provides a function for users to review gross sales by weight and sales that can be filtered by week, month and year. The daily sales are available at real-time after each transaction has been processed.

If the Meadow software system is approved by the City Manager, ASHE will take steps to ensure that the information is compatible with the City's record-keeping systems. As an alternative, ASHE is also considering other systems called Indica Online or Dutchie, which is also a fully compliant inventory management and POS system used among other top cannabis retailers in the state.

Number of POS
Locations: 8
We plan to have eight POS
locations on the salesfloor with
one express self-check-out station
and a dedicated POS in the
dispatch room for deliveries-only.

If city officials need access to our
inventory system, a manager can
grant access to any report for
real-time or historical data from the
Meadow POS system.

Meadow provides an all-in-one operational software that is fully compliant with city and state agencies for cannabis track-and-trace requirements, retail point-of-sale reporting and compliant delivery tracking. Meadow also provides a 100% compliant inventory management software that accurately audits our inventory, reduces theft, keeps upto-date menus, manages vendor accounts and provides actionable data to optimize inventory. Our ASHE employees in Santa Ana love the system and many industry operators highly recommend this system as well.

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Out-of-State Cannabis Sales
Per DCC and SBMC guidelines, all cannabis goods will only be sold from ASHE's licensed cannabis storefront at 444 N. H Street in San Bernardino, California. In addition, if an order is placed online, ASHE is also permitted to deliver cannabis goods within the city and any jurisdiction of the State of California. Please note that ASHE plans to provide delivery services to areas within a ten mile radius of our retail storefront but reserves the right to expand to other areas outside the radius if we grow our delivery operations in other territories in the future.

All delivery drivers receive a thorough training and overview of the DCC's Commercial Cannabis Regulations with special attention to Section 15416 for Delivery to a Physical Address which states the following restrictions:
■ A delivery employee may only deliver cannabis goods to a physical address in California. ■ A delivery employee shall not leave the State of California while possessing cannabis goods. ■ A delivery employee shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency. This prohibition applies to land held in trust by the United States for a tribe or an individual tribal member unless the delivery is authorized by and consistent with applicable tribal law. ■ A delivery employee may deliver to any jurisdiction within the State of California provided that such delivery is conducted in compliance with all delivery provisions of this division. ■ A delivery employee shall not deliver cannabis goods to a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center.

As a storefront retailer, ASHE will not be distributing or transporting cannabis goods. We will only be permitted to sell cannabis goods within the State of California and under the local regulations of the City of San Bernardino.

SBMC 5.10.310 // Item F
There shall not be a physician
located in or around any
commercial cannabis business
at any time for the purpose
of evaluating patients for
the issuance of a cannabis
recommendation or card where
app icable.

Prohibition of Patient Evaluations by Physicians
Please note that recommending physicians are not employed or contracted with ASHE Society SB LLC to provide any patient evaluations for the issuance of cannabis recommendations or cards. In addition, our staff does not keep any contact information for physician referrals to provide to patients. As a standard operating procedure, our staff is trained to inform customers to speak with their primary care physicians as it relates medical issues.

On a separate note, while cannabis products do provide medical relief, ASHE does not intend or imply to be a substitute for professional medical advice, diagnosis or treatment. All cannabis health content provided to customers are for general informational purposes only. ASHE makes no representation and assumes no responsibility for the accuracy of the information provided to customers and is subject to change without notice. At the customer's discretion, they may confirm any information regarding any medical advice, diagnosis or treatment with their physician.

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SBMC 5.10.310 // Item I
Signage and Notices Requirements for Signage & Notices
CHAPTER 19.22 SIGNAGE REGULATIONS
ASHE Society SB LLC will ensure that business identification signage for our retail cannabis business provides a reasonable, effective, consistent and content-neutral sign standards to the City of San Bernardino.

Following the Signage Regulations of SBMC Chapter 19.22, our retail store will:
■ Protect the general public health, safety, welfare and aesthetics of the community. ■ Promote and accomplish the goals, policies and measures of the General Plan, including, but not limited to, addressing issues of scale, type, design, materials, placement, compatibility, and maintenance of signs (Community Design Policy 5.2.6) and the relationship of signs to both the scale of the buildings and to the street (Community Design Policy 5.7.4). ■ Allow businesses, institutions, and individuals to exercise their right to free speech by displaying a message or image on a sign, and to allow audiences to receive such information. ■ Preserve and improve the appearance of and property values in the City of San Bernardino, and protect the City from the visual clutter and blight, and promote attractive and harmonious structures and environments by regulating the design, character, location, type, quality of materials, scale, color, illumination, and maintenance of signs.
■ Encourage the use of signs that provide direction and aid orientation for businesses and activities to enhance their economic value to the community and local businesses. ■ Require that signs are designed, constructed, installed, and maintained in a manner that promotes public safety and traffic safety.
■ Comply with the requirements of the Americans with Disabilities Act (ADA) and keep public rightsof-way clear and open to all. ■ Comply with the requirements of the Federal Highway Beautification Act (Section 23 of USC Title 131 [Highways Code]) and the Outdoor Advertising Act (Chapter 2 in the California Business and Professions Code).
■ Encourage signs that are well designed and pleasing in appearance, and provide incentive and latitude for variety, good design relationship, spacing, and location. ■ Promote signs that identify businesses and premises without confusion through clear and unambiguous sign standards that enable fair and consistent enforcement

CITY SIGN PERMIT ISSUANCE
ASHE Society SB LLC will obtain authorization from the City's Community & Economic Development Director to secure a sign permit that is compliant to the regulations in Chapter 19.22 before erecting a permanent sign.

ENTRANCE/EXIT/WINDOW OBSTRUCTION
No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window.

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SBMC 5.10.310 // Item K Odor Control Odor Control Devices and Techniques Our odor filtration and HVAC systems will ensure that all areas of the retail premises have sufficient ventilation to facilitate proper cannabis products storage and provide a reasonable condition of comfort for each employee. To scrub odor from the air, we will implement a good filtration system to prevent any odor leakage to the outside facility.

ODOR EQUIPMENT
The following devices can be implemented to ensure that odors from cannabis are not detectable beyond our licensed premises:

Odor Control Device Description
Charcoal Filter Carbon filters are effective in neutralizing the odor in the air.

In-line Fan
In-line fans works perfectly with carbon filters, air cooling lighting reflectors or by attaching to ducting for ventilation. Fans will use high CFM (cubic feet per minute).

ONA Cyclone ONA cyclone neutralizes smells up to 5,000-square-feet and will vary based on room temperature and humidity levels.

ONA Gel
ONA gel is remarkably effective at neutralizing odors and leaves a fresh scent. The in-line fan will be used to further circulating the scent while simultaneously neutralizing all odors.

Ducting Designed to distribute airflow from HVAC equipment to the entire commercial space.

CARBON FILTRATION SYSTEM
Our odor control devices will include carbon filters to the HVAC exhaust fan to properly ventilate any potential cannabis odors from entering into the community. The fully integrated and automated system regularly calls for the substitution of new filters so there will not be any cannabis-related odor emitted from our retail store. An industry-leading green clean air solutions company, Camfil, has an odor control and filtration system that ensures that odors from the commercial cannabis business are not detectable off-site.

ASHE provides odor absorbing ventilation and exhaust systems such that any odors generated inside the business is undetectable outside of the premises, anywhere on adjacent property or public rightsof-way, on or about exterior or interior common area walkways or hallways, and any other areas available for use by common tenants, the visiting public, or within any other unit adjacent to the business.

This equipment is currently implemented at ASHE’s Orange County retail location and is proposed for ASHE microbusiness in Pomona, California as well.

At the time of the building permit application process, ASHE will submit an odor control plan detailing our odor filtration approach and the equipment that will contain, absorb and neutralize all odors emanating from the property. This plan will be prepared by a licensed engineer to include:
■ Relevant maintenance of filtration system
■ Role and titles for performing the activities

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SBMC 5.10.310 // Item O
Prior to the estab ishment of any
commercial cannabis business
or the operation of any such
business, the person intending to
estab ish a commercial cannabis
business must first obtain all
app icable planning, zoning,
building, and other app icable
permits from the relevant
governmental agency which may
be applicable to such commercial
cannabis business.

Permits and Other Approvals
In April 2022, ASHE's ownership team will submit our Commercial Cannabis Business Permit (CCBP) re-location application for the commercial retail storefront at 444 N. H Street in San Bernardino and provide the city all requested documentation. In addition, ASHE has secured a zoning verification letter to ensure the business meets all buffer requirements set forth in Ordinance MC-1503. Please refer to Section Tab 1: ZVL for a copy of the zoning approval letter.

Last month, the ownership team has initiated the design plans with her design and construction team.

We are currently finalizing our A/E set of plans to be submitted to the City's Planning Division for a Plan Check Review. The Architect of Record has previously fast-tracked several cannabis retail floor plans through the city with minor comments so we feel confident that we will obtain approvals from all applicable departments within 4-6 weeks. If all goes as planned, the general contractor will obtain the necessary permits to begin construction this summer.

Once the city approves and issues the cannabis business permit to ASHE Society, all other applicable permits such as a business license, sign permit, seller's permit and state cannabis permit will be obtained prior to opening our cannabis business to the general public.

SBMC 5.10.310 // Item P If the commercial cannabis
business permittee is operating as
a collective or cooperative under
Health and Safety Code Section
11362. 775, subdivision (a), the
commercial cannabis business
shall terminate the membership of
any member violating any of the
provisions of this Chapter.

Cannabis Collective or Cooperative Member Violations
The entity for this cannabis permit, ASHE Society SB LLC, is not operating as a "collective" or "cooperative" under Health and Safety Code Section 11362. 775, subdivision (a). Issues relating to membership of any member violating any of the provisions of this Chapter are not applicable.

SBMC 5.10.310 // Item Q The interior and exterior of
the premises of the commercial
cannabis business shall be well
lit at all times. The windows
of the building shall provide
an unobstructed view into the
interior.

Lighting Requirements for Exterior Building
For the safety and security of our employees and customers, ASHE has not overlooked the importance of the type of lighting being used for the proposed premises. For the exterior of the building, our team has considered how security lighting can improve the shadows around the premises. When the perimeter has trees, pillars, and other tall obstructions, even the strongest lights can leave exceedingly dark shadows. Lighting provides the opportunity to see an intruder approaching or attempting to overcome the perimeter security.

After business hours, ASHE will be installing a motion sensor lighting system because of the effectiveness in focusing attention on the intruder. As such, our perimeter lighting systems will include motion sensors to be activated for after-hours security. Prior to being operational, our team will ensure that the lighting is approved by the Police Chief and Community Development Director or their designee(s).

In addition, our retail store will be designed with exterior evening lighting. Proper lighting is often the most effective and efficient deterrent to crime that a business owner can provide its business. Many properties are improperly illuminated, poorly maintained, and costly to operate. Proper lighting deters criminal activity, promotes safety and reduces civil liability.

Lighting inspections and reports will be provided on a regular basis by the security personnel to assure the safety and security is maximized for our employees and customers.

View from Building's Windows
There are no windows on the building's exterior. Therefore, the public will not be able to view the interior of the building.

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LIMITED ACCESS AREAS
Access to specific areas of the business will be determined based on job duties and functions. Access doors will have commercial grade non-residential locks that remain secure and operational during power outages. Only authorized ASHE employees will have access to the following established limited access areas including the inventory room and manager's office thru a key card access.

Product Storage Room. The IP based door access control
systems are an essential tool for limiting access to certain areas of our cannabis store. The access control systems combine an electric door strikes and locking magnets to prohibit nonauthorized individuals from accessing any areas with cannabis product storage or cash. This system is also IP based and the door may be authorized by the click of a button on a mobile device from anywhere in the world.

The product storage rooms is a limited access area that is locked room that can only be accessed by a passcode. Access within product storage areas will be limited to authorized personnel only. All cannabis products will monitored by CCTV.

Daily inventory will be conducted to verify storage quantities.

In addition, inventory shipments will be limited to business hours and monitored by the security guard and manager to maintain accountability over products entering and leaving the premises. Once products go through the proper intake process, labels will be generating from METRC to show cannabis goods have been received and placed in the controlled-access intake area by the inventory manager.

All employee personnel belongings including backpacks, bags, purses, or other items that can be used to store or carry product will be prohibited in the secured product storage rooms. Employees will be provided with individual personal lockers for their belongings. Lockers will also be monitored by CCTV. Please note that our retail store does not have a cultivation facility on the same premises. As such, our cannabis inventory will not include any live growing plants. All cannabis and cannabis products shall be stored in a secured and locked product storageroom, safe, or vault. All cannabis and cannabis products are kept in a manner as to prevent diversion, theft and loss.

Manager and Product Intake Office. At all times, the manager's office will be locked. There is a secondary room inside the manager's office that will contain the daily cash drop safe that managers will have access to. All money will be transferred at the end of the night to the secured intake room. This office will also contain the network and security camera equipment.

As an extra security measure, we may install a floor-to-ceiling security gate inside the limited access product storage rooms to store all cannabis products as well as the large safe for cash that is accessible by the owners. A smaller safe will also be provided for managers to deposit money throughout the day as needed.

SURVEILLANCE CAMERAS
ASHE will implement 24-hour security surveillance cameras with high-definition color quality professionally installed by a security company that is licensed by the State of California Department of Security and Investigative Services. The video shall be capable of enlargement and of sufficient quality for effective prosecution of any criminal activity. The ClosedCircuit Television (CCTV) camera system will be used to monitor the:
■ Entrances and exits to and from the premises
■ Interior spaces which are open/accessible to the public ■ Interior spaces where cannabis, cash or currency is being stored on a regular basis
■ Interior spaces where diversion of cannabis could occur ■ Point-of-sale registers
■ Product storage rooms
■ Product/cash vaults in restricted rooms
■ Rooftop
The CCTV cameras will be a web-based system, using
transmission control protocol (TCP), available for viewing by on-site security personnel. The system will also be available for remote viewing by designated management, security personnel and the Chief of Police upon request. In addition, remote and real-time, live access with a date and time stamp of the camera footage will be provided to the Chief of Police as needed.

Video recordings will be maintained for a minimum of 120 days.

The video storage and monitoring equipment will be located inside a locked cabinet within the access-controlled and CCTV monitored security space located in a restricted access room.

A CCTV schematic plan will be maintained by the security team that conducts daily system checks to ensure cameras are properly working at all times.

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CITY MANAGER ACCESS TO SURVEILLANCE FOOTAGE
Upon proper notice, ASHE will provide remote and/or real-time, live access of the security surveillance camera footage to the City Manager or his/her designee(s). The footage is available for viewing through a phone app or on the desktop. The software is compatible with the any type of software and hardware that the City uses. Video recordings will be maintained for a minimum of 120 days and upon request, can be made available to the City Manager or his/her designee(s). To the extent possible, the video will also be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business.

MOTION SENSORS
Sensors will be installed to detect entry and exit from all secure areas. Our retail store will be equipped with infra-red motion sensors to monitor movement inside the facility when the alarm system is armed. All exterior pedestrian doors will be contacted and connected to the alarm system. Any solid core exterior entry/exit door will also be equipped with a 180-degree viewing camera to screen persons before allowing entry. Any exterior window will be contacted and connected to the alarm system. Any windows or skylights, both interior and exterior, shall be equipped with a safety film, or something of the like, to prevent the breaking of the window to prevent unwanted entry into the premises.

PANIC BUTTONS
Panic buttons will be installed in all commercial cannabis businesses. Panic buttons will also be strategically installed in multiple locations throughout the store in which employees will be properly trained in the event of danger. All employees will be trained to use the pre-determined panic buttons that are located throughout the store.

INTRUSION ALARM AND MONITORING
Alarm Systems. Intecann Security Services is also a licensed alarm company operator (ACO #7860) and professional installer for the intrustion alarm system. The alarm system provides options to automate system control and includes easy-to-use keypads and key fobs, wireless sensors and more. The alarm panel touchscreen keypad that can be programmed with
different user codes for employees to arm, disarm and bypass zones. It also instantly alerts the user to the nature and location of an alarm, helping the employee promptly and properly respond to an emergency. A super convenient mobile app is also available to download from the App Store if you have an Apple iPhone. Managers and authorized personnel can maintain and remotely disarm and arm the building as needed.

The security technology at Intercann also has wireless
communication so we can monitor and access the alarm system from anywhere using their Mobile Access app. In addition, the intuitive system updates automatically when new features are available. Intecann's security team also has access to an emergency call list of the owners and managers to be notified before dispatching authorities if criminal activity needs to be handled immediately.

Monitoring Services. With employing a business alarm
monitoring services, we also have after hours coverage and protection from potential risk to the business. Intecann Security Systems provides a quick and efficient emergency response system that has the ability to seamlessly transfer relevant details to the proper emergency response team in times of crisis. Their systems are always up and running with virtually no risk of unexpected errors or breakdowns.

All necessary alarm permits will be obtained by the ownership team and kept on-site.

SECURITY BARS
The proposed exterior design of the building at 444 N. H Street will not include any security bars installed on the windows or doors of the commercial cannabis business. While there are no plans for security bars, if ASHE decides to install interior bars within the building, our team will obtain the necessary approvals by the Community Development Department and
Fire Department to do so.

ASHE understands that we are subject
to the City's security alarm systems
requirements of Chapter 8.81 of this Code.

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24-HOUR ON-SITE SECURITY GUARDS
ASHE will be using security guards from a third-party security company, Intecann, Inc. to provide onsite security guards 24-hours-a-day. Intecann is licensed as a Private Patrol Operator (PPO #120660) by the California Department of Security and Investigation Services. With Intecann, ASHE is receiving experienced guards who have previous experience in law enforcement and/or military service. All guards are subject to the prior review and approval of the City Manager or his/her designee(s), with such approval not to be unreasonably withheld.

Intecann security guards are highly trained and professional. They are trained to handle delicate situations, effectively minimizing the chance of altercation. Emphasis is placed on diffusing any potentially violent situations, while taking a proactive stand in enforcing rules, regulations and policies.

Training also includes, but is not limited to, CPR/first aid, pepper spray, baton, firearms and power to arrest. The security personnel will maintain daily visitor, delivery/shipping, and security logs. The CCTV cameras will be available for viewing by all on-site security personnel. Guards will receive first-aid and trauma response training and equipped with flashlights, cell phones plus two-way radios for constant communication.

For 24 hours a day, there will be a licensed, armed security guard on the premises at all times. Up to six guards will have alternating security shifts from:
■ 8:30am to 5:30pm (daytime)
■ 5:30pm to 12:30am (evening)
■ 12:30am to 8:30am (overnight)
One to two security guards will be available during normal business hours and an extra guard can be added for busier seasonal days or weekends as needed. Intecann security guards also arrive in fullymarked patrol vehicles and in uniform to provide a real deterrent to criminal activity.

ASHE's leadership team will have access to the security company's 24-hour dispatch center. Our store manager/security liaison is a local resident and will be available during non-business hours as the first point-of-contact after appropriate authorities are notified.

POWER OUTAGES
ASHE has the capability to remain secure during a power outage. All access doors are not solely controlled by an electronic access panel so that locks are not released during a power outage.

SBMC 5.10.280 // Item B
Security Measures

DESIGNATED SECURITY LIAISON
Our Store Manager, Taylor Chaney will serve as the designated security liaison to the City of San Bernardino. Taylor will be available to meet with the City Manager regarding any security-related measures and operational issues. On behalf of the ASHE retail store, Taylor will maintain a current copy of the security plan and present the information to the City Manager upon request that meet the following requirements:
■ Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees
■ Identifies all managers of the commercial cannabis business and their contact phone numbers ■ Confirms that first-aid supplies and operational fire extinguishers are located in the service areas and the manager's office
■ Confirms that burglar and fire alarms are operational and monitored by a licensed security company 24-hours-a-day, seven days a week and provides the contact information for each licensed security company
■ Identifies a sufficient number of licensed, interior and exterior security personnel who will monitor individuals inside and outside the business, parking lot and any adjacent property under the business' control
■ Confirms that the license security personnel regularly monitors the parking lot to ensure that individuals are not loitering or causing a disturbance; and are cleared of employees and their vehicles one-half hour after closing
Per city ordinance, ASHE Society will notify the City Manager or his/her designee within 24 hours of a change in designated security representative/liaison.

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SBMC 5.10.280 // Item C
Security Measures

STORAGE AND TRANSPORTATION PLAN
To safely and securely store and transport all cannabis, cannabis products, and any currency, ASHE has a solid standard operating procedure for each step.

TRANSPORTATION PLAN
As a licensed cannabis retailer, ASHE is not authorized to transport cannabis goods to any location without a distribution licensed issued by the Department of Cannabis Control (DCC).

However, ASHE is allowed to deliver cannabis products purchased by a consumer within the guidelines of the DCC. Our delivery personnel follow a strict process to ensure deliveries are made in a safe, secure and compliant manner. All drivers will receive employee on-boarding and continuous safety and security training that will include a review additional training specific to driving risks and policies. This training will include extensive instruction on “situational awareness” while driving and making deliveries.

Emphasis will be placed on thorough awareness of the driver’s surroundings and counter-surveillance techniques to avoid potential targeting by nefarious individuals. Response protocols will include notification suspicious activity to our management staff, security personnel and law enforcement agencies if appropriate.

ASHE will use just the delivery driver to conduct deliveries and security personnel will not be riding with the driver. However, each driver shall receive strict security instructions and training by licensed security professional. Drivers are trained for all scenarios including but not limited to: theft, diversion, loss, car-jacking, and shall have communication devices at all time. For security and safety reasons, drivers will not take rest breaks and make stops while conducting deliveries.

PRODUCT STORAGE PLAN
Here are the various procedures that are implemented to ensure that our cannabis products are properly secured during transportation:

Concealed Delivery Bag. Delivery drivers will have delivery orders concealed in a delivery bag that we provide prior to leaving the store. The orders are placed into the designated locked box in the trunk of the car and remained sealed. Drivers are not to take more than six orders at a time. If the driver delivers orders that have been received and processed, they may have up to $5,000 worth of cannabis products in the vehicle. Receipts must also be attached to each order.

Vehicle Security. Vehicles will be non-descript, contain dashboard cameras and is equipped with GPS tracking devices and an alarm system. Key fobs will include a panic button that can be activated in the event of a robbery. The vehicle’s alarm system is activated if the vehicle is ever left unattended. This safety mechanism will assist in preventing theft or diversion to ensure that the safety and security of our driver and the safe transportation of cannabis and cannabis products. Vehicles will be equipped with an alarm system as well as a dedicated Global Positioning System (GPS) device for identifying the geographic location of the vehicle and recording a history of all locations traveled to by the driver while engaged in delivery. The device will be permanently affixed to the delivery vehicle and shall remain active and inside of the delivery vehicle at all times during delivery.

Tracking Devices. As an extra security measure, ASHE uses the GPS tracking service, Logistimatics, to provide us driver location and vehicle information. With the Logistimatics app installed on the manager’s phone, the manager sees an easy-to-use dashboard that shows where all GPS trackers are.

Employees are also able to share his/her tracker with managers so they can see where the tracker is in real-time. Our Meadow POS is also linked to a user-friendly delivery mobile application called OnFleet.

With real-time updates between driver and our dispatcher, OnFleet is a powerful tool that allows us to see if the driver goes off route and has any unexpected delays.

Cash (Currency) Handling. Drivers are supplied with a lock bag of $100 in small bills at the beginning of their shift to provide necessary change to customers. The lock bag of $100 is referred to as their “bank bag” and is protected with a combination lock. Any payment the driver receives should be placed in their bank bag.

The Department
of Cannabis
Control’s California
code of regulations
is clear: While
carrying cannabis
goods for delivery,
the licensed
retailer’s delivery
employee shall
ensure the cannabis
goods be locked
in a fully enclosed
box, container or
cage that is secured
to the inside of the
vehicle. No portion
of the enclosed box,
container or cage
shall be comprised
of any part of the
body of the vehicle
(which includes the
trunk).

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Packet Pg. 105 Attachment: Attachment 1 - Commercial Cannabis Business Application (CCB) 22-0001 (8992 : Request to Amend CCB Permit to Provide

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The DCC can order mandatory product recalls
when there is an:
■ Immediate and serious threat to human life or
health
■ Remedy would cause an unreasonable delay
During a mandatory recall, DCC notifies all
licensees who have the affected product. The
DCC provides guidance about what to do, and we
work closely with licensees to take needed action.

In addition, a list of DCC-mandated recalls is listed
on the agency's website that our team checks on
a regularly basis.

Cannabis Recalls and Safety Notices
ASHE will ensure enhanced consumer safety by following all operational standards as identified in the SBMC 5.10 which regulates commercial cannabis activities. Under state law, ASHE will ensure enhanced consumer safety by following all California regulations (U.S. Food & Drug Administration Regulations, tit. 21; Code of Federal Regulations §7; 17 CCR §§40268, 40205, 40290, 40512).

RECALL POLICY
One example of enhanced consumer safety is the handling of product recalls. ASHE’s recall policy is to ensure that there is a comprehensive process for 24-hour response time in issuing notices and for recalls of cannabis products to ensure safety to the public.

In the event that a product safety issue arises, ASHE will protect the public health by facilitating the efficient, rapid identification and removal of unsafe products from the
distribution chain and by informing consumers and relevant authorities, when necessary, of the presence in the market of a potentially hazardous product. There is a documented recall procedure in place that will be periodically tested to ensure that it is comprehensive and fit for purpose in its ability to remove an unsafe product from consumers and/or the distribution chain.

INITIATING A RECALL
Recall procedures are initiated to effectively identify and recover potentially adulterated, misbranded, and/or hazardous products from trade and/or consumer channels. Recalls may be voluntary actions by cultivators or manufacturers; or cultivators, manufacturers and/or distributors may initiate a recall at any time to fulfil their responsibility to protect public health from products that present a risk of injury or gross deception, or are otherwise defective.

Product recall is initiated for the following reasons:
■ Removal from markets to protect the public from products that may cause health problems or possible death.
■ Removal of mislabeled product (false or misleading labelling and/or packaging).

RECALL TEAM
It is important to have a team responsible for traceability. Our recall team is responsible for coordinating all aspects of the product recall. A recall coordinator is to be appointed and members of a recall team identified from the various functional areas.

These procedures state the actions that ASHE will take to effectively manage the recall of a product that has been determined to be unsafe or unsuitable. ASHE will be using Meadow’s Inventory Management software to track its product and sales; in practice, this means that all the information pertaining to the product and chain-of-custody will be digitally stored and organized in a distribution list. Therefore, ASHE will have the capability of quickly coordinating with each retailer and distributor it works with to efficiently implement the recall procedures.

DEPTH OF RECALL
Depending on the degree of hazard and extent
of distribution, the recall strategy will specify the
level in the distribution chain to which the recall is
to be extended.

PUBLIC WARNING
Alert the public that a product being recalled
presents a serious hazard to health for urgent
situations where other means for preventing use
of the recalled product appear inadequate.

EFFECTIVENESS CHECKS
Check to verify that all customers at the
recall depth have been notified by personal
visits, telephone calls, and/or letters and taken
appropriate action

RECALL STRATEGY

DCC PRODUCT RECALLS

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Packet Pg. 109 Attachment: Attachment 1 - Commercial Cannabis Business Application (CCB) 22-0001 (8992 : Request to Amend CCB Permit to Provide

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VENDOR ACCOUNTS
With Meadow, we can easily manage all our licensed cannabis vendor accounts in one place including open purchase orders, what’s overdue or outstanding, the amount of accounts payable to each, how much excise tax is owed to distributor, and more.

Seller and cannabis permits are uploaded to the system as well as METRC tag numbers for easy verification.

RECORD KEEPING PROCEDURES
Upon receipt of cannabis inventory shipments, information regarding the transport licensee, transaction date and
cultivator/manufactured from which the product originated will be entered into the inventory management system. This data follows each product batch/lot number, and once it is logged into the system, it is moved to a secured storage area for processing. A product must be scanned out from our POS system to be considered a final sale to the customer. With extensive reporting functions from our POS, we are able to track our inventory in real-time from our systems.

VENDOR BINDERS
As an extra precaution, ASHE takes a hands-on approach to ensuring our compliance with our inventory orders. In addition to keeping track of our inventory through the Meadow
inventory management software, our team organizes the
physical METRC manifests and Certificate of Analysis (COAs) from each cannabis vendor in its own binder that is located in the secured inventory room. This method allows us to access the signed paperwork from the driver and employee intaking the products. Payment methods are also written on the hard copy to validate and record payments made to vendors to avoid payment discrepancies.

ELECTRONIC RECORDS
Meadow’s inventory management
software allows us to keep track
of all transactions, purchases,
reconciliations, cycle counts,
conversions, transfers, vendors and
product locations.

Our intake process includes an interview with cannabis
companies and an evaluation process of the brands and
products that they carry. An inventory manager gathers the seller’s permit and verifies that their cannabis distribution state license is active before placing inventory orders. To monitor that products are produced and procured from licensed
cannabis companies, ASHE will abide by METRC guidelines for the unique identifier tags and its track-and-trace program.

The Meadow POS’s integrated hardware produces metrics on an easy-to-read dashboard that gives us the ability to track and manage products down to the exact milligram that we intake.

Owners and managers are quickly able to review the entire inventory and make customized reports to assist with inventory audits. Detailed financial reports are available for city officials or other agencies to ensure compliance and adherence to industry standards and state laws.

METRC information is also readily available so that the inventory team can review incoming METRC transfers as
well as packages that are ready, received, finished, shipped, transferred or returned. Meadow provides a function for users to review gross sales by weight and sales that can be filtered by week, month and year. The daily sales are available at real-time after each transaction has been processed.

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INVENTORY Best Practice
Product Monitoring
An integrated closed-circuit television
(CCTV) camera system will be incorporated
throughout the entire store to comply with
state and local regulations. CCTV cameras
will be on a web-based system, using
transmission control protocol (TCP), available
for viewing by on-site security personnel and
authorized personnel. The system will also be
available for remote viewing by designated
management, security personnel and the local
law enforcement (upon request). In the event
of product theft incidents by an employee or
customer, CCTV video of the event will be
secured and stored by the security personnel.

The CCTV cameras will provide 360-degree
coverage of the campus perimeter and all
entry/exit points to the building. All controlled
access areas, security rooms, product storage
rooms and vaults will be monitored and
recorded by CCTV. Designated license plate
cameras will also be positioned to capture
and monitor vehicles that access the store’s
parking lot. The CCTV system will provide
comprehensive coverage of all delivery
operations and monitor all product storage
areas within the store. In addition, the CCTV
system will monitor the product displays and
point-of-sale areas.

The CCTV system will provide a minimum
of 180-days on-site storage of all recorded
video. The video storage and monitoring
equipment will be located inside a locked
cabinet within the access-controlled and
CCTV monitored security room. A CCTV
schematic plan will be maintained by the
security personnel who conducts a daily
review of the system to ensure all cameras
are properly working.

INVENTORY Best Practice
Product Control Measures
All customers will be required to checkin upon entering the facility. The check-in area will include a receptionist and will be
monitored by on-site security personnel and
CCTV cameras. Customers and visitors will be
provided limited access to the products on the
salesfloor.

Extensive access control measures will also
be implemented throughout the store. Access
to the non-public areas (i.e. product storage
room, office and bathrooms) will be managed
by a passcode for door entry. Access within
product processing, storage and packaging
areas will be limited to authorized personnel
only. All employee personnel belongings,
including backpacks, bags, purses, or any
other item that can be used to store or carry
product will be prohibited in secured product
areas. Employees will be provided with
individual personal lockers that will be used to
secure their belongings. Lockers will also be
monitored by CCTV.

ASHE reserves the right to have our security personnel inspect an employee’s bag before leaving the premises during work hours.

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Packet Pg. 114 Attachment: Attachment 1 - Commercial Cannabis Business Application (CCB) 22-0001 (8992 : Request to Amend CCB Permit to Provide

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Packet Pg. 115 Attachment: Attachment 1 - Commercial Cannabis Business Application (CCB) 22-0001 (8992 : Request to Amend CCB Permit to Provide Applicant: ASHE SOCIETY SB LLC Page Number: 48
Experience to Quickly Open and Successfully Sustain Cannabis Operations With an established retail business in Orange County, ASHE has operations and systems that can be quickly implemented at our proposed cannabis business in the City of San Bernardino. Our cannabis operations are set up to be completely transparent and compliant with city and state regulations. Note that since we opened, ASHE has not received a single violation as a licensed cannabis retailer. In fact, city officials have frequently visited our place of business and provided high praise of the operations. Our goal is to also be a trusted partner of the City of San Bernardino and provide the city with a safe place to buy quality, lab-tested, legal cannabis products.

To demonstrate our ability to begin our operations quickly, here are some of ASHE's established operational partners that help ASHE to sustain operations in a highly regulated industry. Letters of Intent (LOIs) to provide essential services at our proposed San Bernardino operations have been provided to ASHE. These operational partners currently provide services to many of ASHE's existing cannabis companies.

Due to the application page limitations, ASHE will immediately provide the LOIs upon the City's request.

Operational Partner Meadow provides an all-in-one operational software that is fully compliant with city and state agencies for cannabis track-and-trace requirements, retail point-of-sale reporting and compliant delivery tracking. Meadow also provides a 100% compliant inventory management software that accurately audits our inventory, reduce theft, keep upto-date menus, manage vendor accounts and provide actionable data to optimize inventory. ASHE employees in Santa Ana love the system and many industry operators highly recommend this system as well.

PAYROLL SERVICES

AND BENEFITS
Operational Partner
GreenLeaf provides payroll
services and benefits
administration specifically to
the cannabis industry which
keeps us compliant with local,
state and federal laws.

ACCOUNTING/FINANCE/

BUSINESS TAX
Operational Partner
AB FinWright LLP support
hundreds of cannabis
business owners navigating
local, state and federal tax
law. Accounting and finance
support is also available.

SUPPLIER

AGREEMENTS
Operational Partner
With our existing 120+ cannabis
brands that we currently
carry, all distributors of these
brands are excited to supply
their products to ASHE San
Bernardino as well!
Operational Partner
AnamiTech provides
a technology platform
(Greenspace) that helps
cannabis operators stay
compliant with the city and
state regulations.

Operational Partner
North Bay Credit Union is
a cannabis-friendly banking
solution that is National
Credit Union Administrationinsured (FDIC-compared).

BANKING/MERCHANT

ACCOUNTS

CANNABIS

COMPLIANCE

LABOR PEACE

AGREEMENT
Operational Partner
Teamsters’ State of
California Cannabis
Division will develop a labor
agreement that meets the
state minimum requirements
for our employees.

ODOR CONTROL

SYSTEMS
Operational Partner
Temeka Group will manage
the odor control HVAC and
air purification systems for
the San Bernardino Cannabis
Retail Store.

MEDICAL

INSURANCE
Operational Partner:

AETNA Healthcare is the
preferred provider for
medical, dental and vision
insurance that will be
available to management and
full-time employees.

BUSINESS

INSURANCE
Operational Partner
West Coast Insurance
specializes in coverage
for cannabis businesses.

Examples include building,
cannabis, general liability and
worker's compensation.

OPERATIONAL

PARTNERS
With a successful
cannabis business in
Orange County, ASHE
has quick access to
operational resources
and systems that are
already in place such as
human resources, legal
counsel, marketing,
sales, social media,
online ordering as
well as standard
operating procedures
for cannabis retail and
delivery services. You
can trust that ASHE
uses the best resources
that the cannabis
industry has to offer
to keep our business
fully transparent and
compliant in the eyes
of the city and state
laws.

POINT-OF-SALE/INVENTORY CONTROL SYSTEM

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Financial/Budget Assumptions

RETAIL AND DELIVERY REVENUE
■ Gross revenue for years 1, 2 and 3 are $7.8M, $9.9M and $12.5M respectively based on data from current operations in an ASHE retail and delivery business. ■ Average revenue per order in year 1 is $95 and average customers per day are 225 based on the point-of-sale data from ASHE's current retail and delivery operations. Years 2 and 3 will experience an estimated 10% increase in revenue per order and 15% increase in customers per day, year-over-year.

OPERATING EXPENSES
■ Rent is based on $25,000 a month for the 12,024 square foot building; no rent is due until the cannabis business is operational
■ Cost of goods is estimated at 50% based on current data from ASHE retail operations in Santa Ana, California.
■ Payroll costs are based on an average of 21 retail employees and at an average annual salary of $35,673. This includes such positions as retail associates, delivery drivers, dispatch, reception, inventory and general store managers. ■ Payroll taxes and benefits are estimated at 12% of the average annual salary. ■ Capital expenditures of $575,000 in year 1 include computers, store furniture and fixtures, delivery vehicles, equipment and store build-out construction. These assets are depreciated on the income statement based on their useful lives. (See following page for more information.)
■ Start-up costs of $943,681 include licenses and permits are amortized over 5 years on the income statement.
■ Facilities and SG&A expenses are based on first-hand industry experience with stores owned and started by ASHE, as well as information from other industry experts. An average increase of 5% of year 1 expenses is expected to occur in years 2 and 3. 3-Year
Pro Forma
RETAIL + DELIVERY

OPERATIONS
444 N. H Street
San Bernardino, CA
Please refer to page
54 for the three-year
pro-forma of our
proposed cannabis
retail storefront and
delivery business
prepared by ASHE's
ownership team and
cannabis financial
experts at AB
FinWright LLP.

As Managing Partner of AB FinWright LLP, Rachel Wright, CPA MST worked closely with our ownership team to develop the financial business plan for the San Bernardino Commercial Cannabis Relocation Application. AB FinWright also provided the original financial analysis in our 2019 commercial cannabis business permit application to the city.

For nearly a decade, Rachel has worked in accounting, tax and advisory with the cannabis industry. As a prior financial controller of hyper-growth and emerging businesses for 15 years, she has helped scale these businesses by focusing on leadership, advisory and tax compliance for applicable local, state and federal regulations.

Rachel currently handles the business tax and financial planning for all of ASHE's cannabis companies.

Located in the Los Angeles area, AB FinWright LLP is the cannabis consulting, tax and accounting firm that has partnered with ASHE to develop our three-year pro-forma financial statement for the proposed San Bernardino retail storefront and delivery operations.

For over a decade, the firm has specialized in the cannabis industry and serves over 400 clients. Their financial experts work with many businesses that are vertically integrated that range from nurseries, cultivators, manufacturers, distributors as well as storefront retail and delivery or non-storefront delivery businesses. AB FinWright also works with labs and farm service managers as well as consultants who serve the industry. The company focuses on compliance from a tax perspective and how this may affect adherence to local and state licensing requirements.

Cannabis
Industry
Financial
Experts
AB FinWright LLP

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Packet Pg. 119 Attachment: Attachment 1 - Commercial Cannabis Business Application (CCB) 22-0001 (8992 : Request to Amend CCB Permit to Provide

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Packet Pg. 121 Attachment: Attachment 1 - Commercial Cannabis Business Application (CCB) 22-0001 (8992 : Request to Amend CCB Permit to Provide Applicant: ASHE SOCIETY SB LLC Page Number: 58
Similar to our target demographic in the City of Santa Ana, ASHE focuses on the non-typical demographic that one would think represents a cannabis user. Our goal is to offer a cannabis business that welcomes a broader range of consumers to a using cannabis. We are looking to redefine what it means to be a cannabis user — and remove the so-called “stoner culture” that people associate cannabis with and replace it with an experience that guides our customers to an uniquely tailored experience.

ASHE’s key customer demographic is targeted towards:
■ First-time cannabis users
■ Adults over 30 years old
■ Senior citizen community
■ Medical patients
■ Professionals with disposable income
■ Female population
To truly become a successful cannabis
retail business, ASHE has marketing
strategies in place to build brand
awareness, determine the target market and
develop a loyal customer base.

REDEFINING THE CANNABIS USER
Business Purpose #1
Demographics play a huge part in understanding what type of customers ASHE will expect to see. According to resources including the U.S. Census Bureau and the City’s website, our research tells us about vital information as it relates to population, gender, age, race and income to name a few. The data will help us modify our sales; and produce a pricing and marketing strategy to successfully enter the San Bernardino marketplace. For example, knowing that the 50% of the
community speaks Spanish, tells us that creating marketing information in Spanish could be an effective way to educate our customers.

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Packet Pg. 122 Attachment: Attachment 1 - Commercial Cannabis Business Application (CCB) 22-0001 (8992 : Request to Amend CCB Permit to Provide Applicant: ASHE SOCIETY SB LLC Page Number: 59

FOCUSING ON CANNABIS EDUCATION
Business Purpose #2
There are so many misconceptions and barriers preventing society from truly learning about cannabis for the healing plant that it really is. That is why ASHE is here to educate and be part of the solution to teach the community about the many health benefits of cannabis.

First, ASHE accomplishes this by providing a welcoming place that provides an opportunity for the community to have
conversations about cannabis-related topics, whether a quick question or an orientation to using cannabis for their first time. In fact, ASHE provides a dedicated space for cannabis education and product knowledge is integrated into our store’s design. This unique space, known as ASHE’s education bar, allows customers to sit down and learn about cannabis topics from our knowledgeable budtenders. Customers can learn
about a variety of cannabis topics as well as receive in-depth knowledge about the products and the health benefits that cannabis provides.

With an extended network of professional and industry leaders that support ASHE’s commitment to cannabis education, we plan to host seminars, lectures and open discussions at our store. On our website, ASHE will maintain a calendar of events to include product presentations and special promotions for companies to be in-store to teach customers about their products and how to properly use them as well.

ASHE is exploring how interactive retail displays can
educate customers, increase revenue and grow customer
loyalty. When customers feel empowered with education,
they can make safer, healthier and more confident in their purchasing decisions. These interative displays will be available at the education bar.

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Packet Pg. 123 Attachment: Attachment 1 - Commercial Cannabis Business Application (CCB) 22-0001 (8992 : Request to Amend CCB Permit to Provide Applicant: ASHE SOCIETY SB LLC Page Number: 60

PROVIDING A WELCOMING EXPERIENCE
Business Purpose #3

ORIGINALITY OF STORE DESIGN
ASHE is an unique space that provides consumers a new
experience of what people might perceive a cannabis
store to be. Our design goal is to achieve a timeless
store concept that reflects our brand’s welcoming
environment.

The overall architecture features a modern style that
embodies a blend of Spanish and Italian architecture.

The exterior design includes warm woods, bright walls
plus painted white stucco that is integrated into the
design concept.

Within our store, we have created intimate and
welcoming spaces such as our lobby which feels like a
living room versus your typical dispensary that always
feels like a big, expansive space. ASHE offers San
Bernardino an enchanting destination for visitors from all over Southern California who will surely enjoy.

The ASHE retail design concept is to keep with
the contemporary style of beautiful, elegant and
modern. Here are our guiding principles in our
design concept:
■ Non-obtrusive to neighborhood
■ Subtle store signage does not attract minors
■ Integrates seamlessly to the community
■ Colors are inviting
■ Landscaping is drought-tolerant but
appealing and delicate
■ Security elements such as cameras and
lighting are integrated into the design but
discreet to the public

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Packet Pg. 124 Attachment: Attachment 1 - Commercial Cannabis Business Application (CCB) 22-0001 (8992 : Request to Amend CCB Permit to Provide Applicant: ASHE SOCIETY SB LLC Page Number: 61

GIVING CUSTOMERS AFFORDABLE CANNABIS
Business Purpose #3
ASHE wants our
customers to
receive the Best
Deals in town.

Our team works closely with our Purchasing
Manager to develop the best deals and
discounts to offer our customers. Quality,
lab-tested cannabis products typically come
with a hefty price tag due to all the high
taxation from cities and state agencies. Many
cannabis operators typically pass these costs
to the customer. To offset this challenge and
to ensure that cannabis can be affordable,
ASHE works double-time to bring the costs
down so that these products can be more
accessible to our customers.

Here are just some examples of the
great deals that we currently offer to our
customers at our Orange County store:

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The path to creating a successful and sustainable business is to stand out from the competition by offering an unique experience, quality products with competitive pricing and a strong marketing strategy.

Today’s consumers care almost as much, if not more, about what a company stands for or what its social mission is rather than the brand itself. That is why the foundation of our core values is defined right into our company’s name.

The “A” in our company’s name stands for “Advocacy” and we want to be known as a brand that communities would be proud to have in their city. We are primarily committed to advocating for important issues that is specific to the local communities that we are in. Bringing the community together and creating positive impacts wherever we can is truly the heart of our company.

ASHE also focuses on social equity, health and education in our core values. When we take into consideration our authentic mission and how we portray ourselves to customers, we end up building a loyal following, while also working to make our communities a better place.

As a mission-based brand, ASHE appeals to a socially-conscious audience not because we say that ASHE is doing good in
the world, but because our purpose-driven mission is truly authentic and evident in every touch-point with our brand.

To stand out from the crowd, ASHE ensures that our brand connects with our customers while gaining a competitive advantage over other cannabis stores.

WORKING TO MAKE THE COMMUNITY PROUD
Business Purpose #4
Advocacy. ASHE is committed to advocating for
important issues that is specific to the local communities that we are in. We are passionate about bringing the community together to create positive impacts wherever we can.

Social EQUITY. Equality is integrated into ASHE’s
company culture because gender, race or diverse backgrounds are valued and fairly represented. As a woman-owned company in a male-dominated industry, ASHE promotes female leadership whenever possible.

Health. Research has proven time and time again that
cannabis has powerful healing abilities. ASHE promotes the undeniable health benefits that cannabis provides to one’s physical and mental health.

Education. There are so many misconceptions preventing
society from truly learning about cannabis for the healing plant that it really is. ASHE is are here to educate and be part of the solution that teaches the community about the benefits of cannabis.

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GENERATING REVENUE IN THE CITY
Business Purpose #5
Beyond a welcoming design, affordable cannabis
products and great marketing strategy, an
important business purpose that must not be
overlooked is to offer a successful business to
the City of San Bernardino.

With a laser focus on understanding our customers, ASHE is ready to deliver a successful and high revenue generating business to the City. In fact, as stated in our financial projections, ASHE San Bernardino will conservatively deliver up to an average of half a million dollars in city cannabis taxes every year.

Since our target demographic for ASHE-type customers
is geared towards 30+ year olds, senior citizens, working professionals, medical patients and women, our customers have a higher disposable income than the typical cannabis customer in their 20s. In fact, our Orange County store has an average in-store customer purchase amount at $85.76 and delivery orders at $114.99. These customers also frequently return to the store on a weekly to bi-weekly basis.

The proposed retail location for ASHE San Bernardino is also a prime spot for attracting in customers. Conveniently positioned right off Interstate 215, thousands of potential consumers will visibly see the ASHE building from the freeway. We are also located across the street from a popular burger restaurant, InN-Out and asian restaurant, Panda Express. Both restaurants serve hundreds of customers on a daily basis. Enticing
customers to visit our beautifully designed dispensary will be effortless. A community mural will also be added to the side of the building to further attract consumers.

Here are some additional rationale for our revenue projections:
■ It is important to note that ASHE successfully competes with 29 other licensed retailers in the City of Santa Ana for cannabis customers since 2020. Even with a saturated marketplace and opening during a pandemic, ASHE
exceeded our financial projections with $6.2 million in retail sales during our first operating year. With only a few retail stores operational currently open in San Bernardino, we are confident that our estimated revenue will easily increase to $7.8 million in year 1.
■ Since we've opened in 2020, ASHE's customer base
has grown to over 94,000 new customers with nearly
80% customer retention rates. As of April 12, 2022, we
averaged 9,769 customer per month.
■ With an established presence in the cannabis marketplace and through our extensive brand recognition efforts, ASHE is the go-to place to receive the best deals and products in town. ASHE will also be opening a cannabis microbusiness with retail storefront in Los Angeles County in the City of Pomona this year. As ASHE becomes more popular and
known in Southern California, we have the ability to attract more customers than the average cannabis retailer.
■ We have recently hired a dedicated Director of Marketing to oversee all ASHE retail stores to ensure that sales and marketing strategies are implemented to maximize sales
profits and brand recognition. The San Bernardino store will directly benefit from company-wide sales campaigns and incentives that will be implemented.
■ According to the 2021 Marijuana Business Factbook
published by Marijuana Business Daily, momentum in the
cannabis industry is picking up, with more markets—both medical and adult use—coming online at a more rapid pace than seen in the past. As a result, Marijuana Business Daily projects that total retail cannabis sales in the United States will reach—or surpass—$30 billion by 2023.

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Reducing Impacts to the Neighborhood
Since our proposed business location at 444 N. H Street, San Bernardino is considered part of Downtown, our cannabis business will be designed to remain discreet within the area.

To avoid becoming a neighborhood nuisance, ASHE employees manage the facility so that the building exterior and public areas doesn’t negatively impact the neighborhood or surrounding community. When needed, we will also host a neighborhood meeting for the community and nearby businesses to address any concerns.

Here are the proactive ways that our team can mitigate any neighborhood issues:

Noise. To prevent noise from becoming an issue, ASHE will have security personnel patrol our premises to deter any noise around the area. We do not plan to have any speakers on the exterior of the building, so outside noise should not be a problem. For music playing inside the store, we will be respectful of our neighbors and ensure proper volume control at all times.

Light. To prevent any complaints regarding lighting issues, ASHE will routinely check and replace any light bulbs or fixtures on the exterior of the building. A well-lit building is an important measure to keep customers safe and protect them from any nefarious individuals who may be hiding in the dark.

Again, we will always have a security guard on duty to prevent any suspicious activity from becoming a problem. The closing manager will routinely check that all exterior lights are working properly. We can also have the night guard notify the manager immediately if a light needs to be switched out.

Crime. ASHE is available to meet with the local police
department on a regular basis to learn about any community criminal activity. We also plan to build better relationships between the community, law enforcement and our cannabis business by providing educational forums at our monthly lecture series. ASHE will notify the state and local law enforcement within 24 hours of discovery of the theft, loss and/or criminal activity that has occurred to the operations.

Pedestrian Traffic. In terms of pedestrian traffic, if we ever have a situation where too many customers are providing issues on overcrowding, the ASHE manager will advise them to return at a different time or possibly wait in the car. With rules of social distancing and building occupancy codes, we will do everything necessary to prevent this issue from occurring.

Did you know that many people in the
public don’t even know the difference
between a licensed and unlicensed
dispensary?
The Department of Cannabis Control requires
licensed retailers to prominently display their
unique QR code at their business. The permit
number can be scanned or verified at www.

CApotcheck.com.

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On-Site Cannabis Consumption. Cannabis consumption on site is strictly prohibited. If individuals are found to be in violation of this regulation, a security guard will instruct the person(s) to leave the premises. Security guards shall regularly monitor the site and vicinity within 150 feet of the building to ensure no cannabis consumption is occurring in the vicinity of the business, including parking areas. A sign will also be posted on the front and back entrance of the store (see example of notice below). As an extra precaution, employees will also not be permitted to smoke non-cannabis vape products on the premises either to prevent the perception of cannabis consumption.

Loitering. As mentioned in the previous section, to prevent individuals from unnecessarily loitering outside the store, ASHE will be using security guards to inform them to exit the store.

We will also be posting signage that is clearly visible in the lobby area that states that:
“Customers must not loiter in or near these premises and may not consume cannabis or cannabis products in the vicinity of this business or in any place not lawfully permitted.”
The security personnel and employees will receive proper training so that they facilitate the compliance of the cannabis business operations. Once a customer completes a purchase, employees can direct them or escort them towards the exit.

Littering. We also believe that keeping the retail location clean is an important security measure to prevent crime. Everyday, ASHE employees will check every four hours for trash in front of the building, within the parking lot or any other public area to remove and properly dispose litter that they might find. Our security personnel will also assist as needed.

PUBLIC NOTICE
Customers must not loiter in or near these
premises and may not consume cannabis
or cannabis products in the vicinity of
this business or in any place not lawfully
permitted.

ASHE
To ensure customer safety, there will always
be a licensed security guard on the premises
at all times during normal business hours.

Vehicles. We expect a ton of foot traffic to our convenient proposed location. To reduce parking issues, we plan to encourage alternative transportation such as bus transit and bikes. We will also park our delivery vehicles in the back parking lot of building to prevent parking congestion at the front of the store.

Building Signage. ASHE maintains the quality of life for San Bernardino residents by tastefully designing our commercial cannabis operation for the general public. From the exterior façade, our design looks like any other retail space without the use of any loud cannabis graphics. All advertising will also be discreet and displayed tastefully without provocative, hypersexualized female imagery or attractive to children of any kind.

Welcoming and discreet signage will be locally-sourced objects.

Signage will also adhered to special state and local guidelines as it relates to outdoor advertising. On-site or off-site signage, advertising, or depiction of any paraphernalia, prohibited substances, cannabis products and cannabis uses is prohibited.

Security. ASHE will design our security features to be discreet and non-obstructive. Installing security cameras on the exterior front and back of the building will give some level of comfort to the surrounding community. We want the neighborhood to know that ASHE puts security as a top priority. Signs will be posted in both parking lots to prevent potential criminal activity as well. In addition, a 24-hour security guard will always be present to protect employees and the public.

If objectionable conditions constituting a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises, we will call the police in a timely manner and requesting those engaging in nuisance activities to cease those activities, unless personal safety would be threatened in making the request.

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As the City of San Bernardino opens its doors
to licensed cannabis retailers, parents may be
feeling nervous about the access that their
youth may have to purchasing cannabis in their
community. However, the community can trust
that ASHE takes that concern very seriously.

The Department of Cannabis Control has
strict guidelines that prevents operators from
advertising to minors. For example, advertising
cannot contain images of toys, cartoons or
anything that might be appealing to youth. In
fact, not much advertising was even done for
our ASHE Santa Ana store. We mainly gained
customers from word of mouth and through a
targeted online cannabis commerce site that
only allows people over 21 years of age to enter
the site.

We believe that the ASHE’s design concept and
vision is a great match for the San Bernardino
community. Our welcoming yet unobtrusive
exterior design blends nicely in the community
and does not attract minors under 21 years old.

Security and odor measures have also been
incorporated in the low-profile design while also
ensuring the safety of the community.

NEIGHBORHOOD CONCERN
Access to Youth
ASHE has a zero tolerance for
selling cannabis to minors.

We understand that violation to
this restriction invokes serious
consequences and the cannabis
permit will be suspended or revoked
by the city and state.

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First, individuals are greeted by the security guard
upon entering the store. The security guard will
request identification for all individuals who appear
under-age before being allowed into the store.

ID
CHECK
1 Next, another ID verification occurs at the reception area. Customers IDs are uploaded to the system before
entry to the salesfloor. Expired IDs and anyone under
21 years old will be denied access to the salesfloor and asked to leave. Exemptions given to medical patients
who are at least 18 years old with a verifiable medical card.

ID
CHECK
2 For the last ID verification step, as customers
finalize a purchase, the cashier verifies the ID a final time to complete the sale of cannabis goods. An ID
scanner is also used to detect fake IDs.

ID
CHECK
3 ASHE has a zero tolerance for selling cannabis to minors.

To prevent minors access to cannabis, there is a three-point verification process for IDs before a cannabis purchase can be made at ASHE.

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“Responsible Use” Packaging Compliance
As required by the state guidelines, all regulated cannabis products sold by a licensed retailer must be in compliance with packaging requirements of the State of California’s Department of Cannabis Control. Since January 1, 2020, a package containing cannabis goods shall be resealable, tamper-evident and child resistant. All cannabis goods purchased by a customer shall not leave the licensed retailer’s premises unless the goods are placed in an opaque exit package.

Cannabis products must comply with packaging requirements during the distribution, manufacturing or cultivation processing prior to operators accepting and receiving inventory shipments. Our inventory manager uses the state’s METRC (Marijuana Enforcement Tracking Reporting Compliance) manifest to verify products. As a licensed cannabis retailer, we are responsible to check for the government label and packaging requirements before products can be accepted into our inventory system to be sold to the public.

The following government warning information must be required on all cannabis products that is allowed for sale at licensed cannabis retail stores:
 

UNIVERSAL SYMBOL OF CANNABIS  
Licensed cannabis products must
include the universal symbol of
cannabis on packages/labels.

On packaging that is dark-colored,
the symbol may be made conspicuous
by printing it on, or outlining it with,
a contrasting color. The symbol is no
smaller in size than one-half inch by
one-half inch and is printed legibly
and conspicuously.

The symbol can not be altered or
cropped in any way other than to
adjust the sizing for placement on the
primary panel.

GOVERNMENT WARNING
The following message must be
included on the packaging:

This package contains cannabis, a
schedule 1 controlled substance.

Keep out of children and animals/
cannabis may only be possessed or
consumer by persons 21 years of
age or older unless the person is
a qualified patient. Cannabis while
pregnant or breastfeeding may be
harmful. Consumption of cannabis
impairs your ability to drive and
operate machinery. Please use
extreme caution. Warning! Cancer
and reproduction harm. www.

P65warnings.ca.gov

OTHER LABEL REQUIREMENTS
Label requirements must clearly display
the amount of THC in the product.

Packaging for manufactured products like
cartridges, edibles, oils, and topicals are
required to have total dosage and serving
size information directly on the packaging
before it is transferred to a retail facility.

Batch and UID numbers as well as dates
of production and package date are
included too. Additionally, retailers must
display various information depending on
state and local regulations on labels that
are printed at the time of sale.

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Packet Pg. 138 Attachment: Attachment 1 - Commercial Cannabis Business Application (CCB) 22-0001 (8992 : Request to Amend CCB Permit to Provide Applicant: ASHE SOCIETY SB LLC Page Number: 84
Fire Prevention and Suppression Measures

IDENTIFICATION OF FIRE HAZARDS
Work Areas Fire Hazards
Salesfloor Paper, plastic and electrical
Product Storage Rooms Paper, plastic and electrical
Breakroom Paper, plastic, liquid, electrical and
appliances
Combustible Fibers. Since there will be no manufacturing or processing of cannabis products on site, the combustible fiber hazard will not be an issue. The conditions do not create a fire or explosion hazard that would require a Group H occupancy classification. Additionally, there is no loosely stored combustible fibers and all material is stored in approved packaging.

Hazardous Materials. As a retail storefront applicant for the sale of cannabis products only, there is no growing, processing or extraction processes that require hazardous materials.

PROVISIONS TO PREVENT FIRES
Fire Hazard Fire Prevention Practices
Paper Waste paper cans emptied daily
Plastic Waste plastic discarded daily
Electrical
Quarterly inspections of outlets, appliances,
multi-strips and work areas; employees
trained to inspect appliances prior to use
The following hazards are associated with the retail sale of cannabis products:

Precautions for Occupants
■ Follow posted instructions to reduce risk and/or life-safety hazards.
■ Do not put burning materials such as cigarettes and ashes into garbage.
■ Do not dispose of flammable liquids or aerosol cans in regular garbage.
■ Do not use unsafe electrical appliances, frayed extension cords, or over-loaded outlets or lamp cords for permanent wiring.

Storage Precautions
■ Storage areas shall be kept clean and tidy.
■ Halls are not work or storage areas and shall be kept clear at all times.
■ Never block fire exit doors.
■ Ensure that fire extinguishers remain accessible at all times. ■ Keep electrical panels and sprinkler system controls clear of obstructions.
■ Never store combustibles within three feet of refrigeration equipment or electrical equipment
Flammable and Combustible Liquids
■ All flammable liquids shall be stored in approved containers or cabinets.
■ Flammable/combustible liquids are to be stored in
appropriate rated cabinets.
■ Do not dispose of flammable liquids, oil rags or aerosol cans.

Combustible Materials
■ Shall be kept a minimum of three feet away from electrical or heating equipment.
■ If applicable, combustible materials shall be stored in approved containers.
■ Limit the combustible coverage of walls to less than 20% of the total wall space.

Extension Cords
■ Must be for temporary use
■ Use appropriately for approved power bar
■ Kept from under rugs
■ Free of cuts, significant abrasions or damage
■ Electrical panels have appropriately-sized fuses or breakers ■ Damaged or exposed wiring are repaired immediately
Electrical Equipment and Wiring
■ In accordance with Section 605 of the California Fire Code (CFC), doors into electrical control panel rooms will be marked with a sign stating, “ELECTRICAL ROOM.” The
means for turning off electrical power to each electrical service and each individual electrical circuit must be clearly and legibly marked.
■ All electrical equipment must be UL-approved (labeled) and in conformance with the electrical code.

FIRE PREVENTION & SUPPRESSION
Operational Safety Procedures

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Fire Extinguisher Locations
Required by California Title 19 and CFC Section 906 law, fire extinguishers are an essential piece of equipment to have in a business. The laws on commercial fire safety also require that fire extinguisher be serviced annually and undergo hydrostatic testing every 12 years. Fire extinguishers will have a minimum rating of 2A:10B:C.

Fire extinguishers that are placed correctly can be accessed more quickly to help control a fire until the fire department arrives. Note that the fire extinguishers are not intended to be a substitute for evacuating the building safely and quickly.

Two key factors for locating extinguishers are that they should be accessible and visible. Here are the locations for our fire extinguisher placement:
■ In our retail area, the fire extinguishers will be secured within four feet of the floor; one will be located next to the main entry door and the other in the lobby area near the cannabis library.
■ In the non-retail area, another fire extinguisher will be located by the designated delivery door and one inside
each product storage room.

It is important to note that the placement of all extinguishers will be subject to the recommendation of the city's fire inspector for final approval.

Please refer to the floor plan on the following page for the recommended locations of these fire extinguishers.

Other Fire Suppression Equipment. For the proposed location at 444 N. H Street, ASHE has existing fire sprinklers that will trigger when heat is detected. In addition, the building will be monitored 24/7 by Intecann's security team and they will contact the fire department and proper authorities as needed.

Fire Monitoring Services
Fire risk assessments and monitoring will be carried out by Intercann's trained on-site security team. In the event of a fire, contact with the fire department and local authorities will be Intercann's responsibility. Fire evacuations drills will also be practiced four times a year. Intercann will maintain a record of the date and time taken to evacuate the building.

Evacuation Routes
The required egress from the building will be provided via three exit access routes, each leading to an exit door well within the allowed common path of egress travel as well as the maximum exit access travel distance as noted in CBC/CFC Chapter 10.

Both exit doors lead directly to the exterior, at grade level. In addition:
■ All exits will be clearly illuminated by exit signage on the roof of the facility – signs will be clearly visible from both directions.
■ A fire exit plan shall be printed and appropriately displayed on the walls of the store.
■ Egress doors will be installed and required to swing in the direction of egress.
■ All staff will be briefed on fire safety procedures and a fire safety exercise shall be conducted at least twice a year.

The security team will also ensure that all evaution routes be clearly signed and kept free from obstructions at all times. Evacuation routes shall be checked weekly by ASHE's management team.

In the event of an emergency, all employees and customers will meet at the designated safe zone outside on H Street. Our store will have three evacuation paths of travel including:
■ Customers: One being out the retail sales floor entry door into the front lobby for exit out the front door.
■ Employees: The other exiting paths will be from restricted access area of the building which will lead out to the
delivery entrance. Employees also have an option to exit through an emergency exit door that exists in the hallway of the retail product storage room that leads towards the front of the building.

EMPLOYEE TRAINING FOR FIRE EMERGENCY SITUATIONS
All employees will be educated on how to navigate evacuation routes to the two exits of the facility and where to go after they are out of the building, and whom to report to.

Employees will be educated on what to in the event of all emergencies including fire, earthquake, weather disturbances and will be provided a written plan of action in their personnel manuals including work place violence or terrorist events. New staff will receive training at the time of employment and plans will be issued on how to respond and handle the scenario of each event including shelter in place when it is deemed appropriate.

Training will be provided on how to handle a fire alarm and only the Fire Department calls the alarm off. Should there be a real fire, the system will notify the fire department and employees will be instructed to not attempt to put the fire out with extinguishers if it presents any kind of danger and to evacuate immediately following the prescribed evacuation routes.

Please refer to the safety floor plan on following page for more information.

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Packet Pg. 140 Attachment: Attachment 1 - Commercial Cannabis Business Application (CCB) 22-0001 (8992 : Request to Amend CCB Permit to Provide

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Packet Pg. 141 Attachment: Attachment 1 - Commercial Cannabis Business Application (CCB) 22-0001 (8992 : Request to Amend CCB Permit to Provide

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SAN BERNARDINO RETAIL & DELIVERY STORE
Front Entrance Community Mural Side View
Secured Salesfloor & Education Bar Customer Lobby

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Packet Pg. 143 Attachment: Attachment 2 - Conceptual Design Plans (8992 : Request to Amend CCB Permit to Provide Change in Location (Ward 1))

CALIFORNIA NEWSPAPER SERVICE BUREAU
SBS#

D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):

Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com

STEPHANIE SANCHEZ

SAN BERNARDINO CITY DEV SERVICE
300 NORTH D ST #300
SAN BERNARDINO, CA 92418

HRGSB NOTICE OF HEARING-SB
NOTICE OF PUBLIC HEARING Wednesday, June 15, 2022 at 7:00 p.m 05/28/2022
Notice Type:

Ad Description

COPY OF NOTICE
3590605
!A000006027889!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

COMMERCIAL CANNABIS
BUSINESS (CCB) PERMIT 22-
0001 -- A request to amend a
Commercial Cannabis Business
Permit to provide a change in
location for Ashe Society SB, LLC
from 590 S. E Street to 444 N. H
Street. (APN: 0134-092-23), within
the Commercial Regional 2 (CR-2)
Zone.

Environmental Determination:

Categorically Exempt under the
California Environmental Quality
Act (‘‘CEQA’’), pursuant to Section
15061 (Review for Exemption) of the State CEQA Guidelines Applicant: Ashe Society SB, LLC
APN: APN: 0134-092-23
The Mayor and City Council of the
City of San Bernardino welcomes
your participation in evaluating
these items. The Mayor and City
Council will review the proposal and
will consider the proposed
environmental determination in
making its decisions. The public is welcome to speak at the public hearing or to submit written
comments prior to the hearing. For
more information, please contact
the City Clerk's Office by phone at
(909) 384-5002.

If you challenge the resultant action
of the Mayor and City Council in
court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the
public hearing. Submitted: May 25, 2022
5/28/22
SBS-3590605#

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Public Hearing
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Public Hearing for Draft Annual Action Plan (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct public hearing No. 1 on the review of the draft Fiscal Year 2022- 2023 Annual Action Plan (AAP) associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs.

Background
As part of the City of San Bernardino’s (City) Five-Year Consolidated Plan FY 2020/2025, the City must submit to the U.S. Department of Housing and Community Development (HUD) its third-year Annual Action Plan (AAP) for FY 2022-2023. The AAP details and explains how the City intends to invest these federal funds toward meeting the City’s community development, affordable housing and homeless prevention needs.

The Development of the Action Plan was aligned with the goals of the Consolidated Plan. Annual Action Plan for FY 2022-2023 includes three HUD funded programs including:

CDBG: The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities, principally for persons of low and moderate income.

Jurisdictions receiving CDBG funds must use the funds to meet one of the three national objectives:

1. To benefit low and moderate-income persons;

2. To aid in the prevention or elimination of slums and blight; or

3. To meet community development needs having a particular urgency.

HOME: The objectives of the program are:

1. To strengthen the ability of state and local governments to design and implement strategies for achieving adequate supplies of decent, affordable housing;

2. To provide assistance to participating jurisdictions for development of affordable housing; and
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3. To strengthen partnerships among all levels of government and the private sector.

ESG: The program provides funding for the:

1. Engagement of individuals and families living on the streets;

2. Improvement of homeless shelters and operation of shelters; or

3. Rapid re-housing of homeless persons and homeless prevention.

In order to continue receiving an allocation under CDBG, HOME and ESG, the City is required to submit an AAP to HUD. The AAP is due to HUD no later than August 16, 2022. The Action Plan serves as the City’s grant application for the grant programs.

The City of San Bernardino’s draft Fiscal Year 2022-2023 Annual Action Plan recommends projects that best meet identified community needs eligible under CDBG, HOME and ESG programs.

Discussion
The draft AAP covers the third year of the HUD approved five year Consolidated Plan for the City of San Bernardino. The City’s FY 2022-2023 allocation was announced by HUD on May 13, 2022. The City will be receiving $3,112,512 in CDBG funds, $1,569,520 in HOME funds and $278,068 in ESG funds. The FY 2022-2023 allocation represents a 6% reduction for CDBG, 12.5% increase for HOME and a 4% reduction for ESG. The cause of the reduction has to do with the number of new grantees participating and eligible to receive funding. New grantees added to the program means that existing grantees will share a slightly smaller amount of the CDBG appropriation. In an average year, five to ten new communities qualify as new entitlement grantees. In some years this number may be higher. The number of new grantees can result in a reduction in a communities’ allocation.

A summary below identifies the recommended activities and funding levels for the FY 2022-2023 AAP.

RECOMMENDED ACTIVITIES BY CATEGORY
Category Program Category
Totals

CDBG HOME ESG
2022 Grant Fund Allocation $ 3,112,512 $1,569,520 $ 278,068 $ 4,960,100 Reprogrammed Funds 200,000 37,512 237,512
Total - 2022 Available Grant Fund $ 3,112,512 $1,769,520 $ 315,580 $ 5,197,612 Administration (maximum available) 622,502 156,952 20,855 800,309 Section 108 Repayment 788,803 788,803
Fair Housing1 73,000 73,000
Infill Housing 455,000 455,000
Affordable Housing Projects 1,157,568 1,157,568
Public Facilities 1,628,207 1,628,207
Homeless Services 294,725 294,725
Program Totals $ 3,112,512 $ 1,769,520 $ 315,580 $ 5,197,612 1Required for all jurisdictions receiving CDBG funds.

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improvement project at multiple CDBG eligible locations in the City to be undertaken by the City’s Public Works Department. These streets have been selected due to the Infill Housing projects that will take place in the near future. The improvement of the streets and new housing will have a positive impact in the neighborhoods.

Three of the activities, Administration, Fair Housing and Section 108 repayment must be funded annually.
2021-2025 Goals and Objectives
The draft Annual Action Plan will meet Key Target No. 3: Improved Quality of Life by providing infrastructure, fair housing and business assistance in the City. Approval of the AAP will allow the City to continue to fund programs that preserve and improve the quality of the housing stock, promote homeownership, assist in small business start-up and expansion, fund infrastructure projects, and maintain a working relationship with the federal government.

Fiscal Impact
Approval of the draft FY 2022-2023 Annual Action Plan will not impact the General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct public hearing No. 1 on the review of the draft Fiscal Year 2022- 2023 Annual Action Plan (AAP) associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs.

Attachments
Attachment 1 City of San Bernardino Draft FY 2022-23 Action Plan Attachment 2 Exhibit B, Fiscal Year 2022-2023 Draft Action Plan Activity Recommendations
Attachment 3 PowerPoint Presentation
Attachment 4 Publication Notice, San Bernardino Sun
Attachment 5 Publication Notice, El Chicano
Ward: All
Synopsis of Previous Council Actions: n/a
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Annual Action Plan
2022-2023
1 OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
Each year, the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of San Bernardino, specifically Community Development Block Grant (CDBG) and other federal housing funds. To receive these funds, the City must complete a report every five years called the Consolidated Plan. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plans.

The City is an entitlement jurisdiction and will receive the following federal grants:
• Community Development Block Grant (CDBG)
• HOME Investment Partnerships Program (HOME)
• Emergency Solutions Grant (ESG)

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items, or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The City of San Bernardino has identified a range of housing and community development needs in accordance with the structure presented in HUD regulations 24 CFR 91.215 affordable housing, homelessness, and non-housing community development. Priority is assigned based on the level of need demonstrated by the data collected during the plan preparation, specifically in the Needs Assessment and the Market Analysis, the information gathered during the consultation and citizen participation process, and the availability of resources to address these needs. Based on these components, housing needs are considered a high priority, particularly low-income ownership housing and transitional housing with supportive services for the homeless population. Out of the top ten priority needs, the feedback from citizen participation indicated that the top four pressing concerns of the City are:
• Homelessness and homelessness issues (i.e., supportive housing) • Access to affordable housing
• Street infrastructure (i.e., road maintenance and street lighting)

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• Joblessness/job creation
The City aims to utilize their grant funds to coordinate services, programs, and projects with the goal of creating a decent and suitable living environment to benefit low- and moderate-income households and those with special needs. Priorities for the 2021-2022 Action Plan have been established in consultation with the residents of San Bernardino and the serving community organizations.

Priorities Objectives/Goals
The following goals outlined in the Consolidated Plan and to be implemented during the FY 22-23 Annual Action Plan are listed below and will go into further detail in section AP-20 Annual Goals:

1. Promote Economic Development: Repayment of debt service for the Arden Guthrie Project which will create 214 jobs.

2. Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services.

3. Expand Homeownership Opportunities: Fund construction of three (3) single family homes, city-wide where opportunities exist for infill housing for low to moderate income households whose incomes will range from 50% to 80% of Area Median Income (AMI).

4. New Affordable Housing Construction or Rehabilitation: Assist with new affordable housing construction or rehabilitation projects.

5. Improve Facilities and Infrastructure: Improve selected streets resulting from new Infill Housing projects. The following streets will be improved: 10th between F Street and G Street (1st Ward)- multiple APN- 30,000 SF; 49th Street between Sepulveda Avenue and End (4th Ward)- Multiple APN- 65,000 SF; Rialto Avenue from Mt. Vernon and Muscott to Bridget (3rd Ward) Multiple APN-180,000 SF.

Summary of some of the findings used to determine priority needs • 222,101 persons reside in San Bernardino (US Census Bureau 2020) comprising of 59,770 households.
• Approximately 23.7% live in poverty
• San Bernardino County homeless count data have indicated a need to support programs that serve people experiencing homelessness. The 2020 PIT count for the City is 1,056 which accounts for 34% of San Bernardino County’s total count. • City provides for and residents benefits from participating in homelessness and homelessness issues (i.e., supportive housing), access to affordable housing, street infrastructure (i.e., road maintenance and street lighting) and joblessness/job creation. • The creation City uses CDBG funds for public services, public facilities and improvements, housing activities, and planning and administrative costs. The CDBG program’s primary objective is to develop viable urban communities by providing decent housing, a suitable living

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environment, and economic opportunities, principally for persons of low and moderate income.

Funds can be used for a wide array of activities, including housing rehabilitation, homeownership assistance, lead-based paint detection and removal, construction or rehabilitation of public facilities and infrastructure, removal of architectural barriers, public services, rehabilitation of commercial or industrial buildings, and loans or grants to businesses.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

Preserve and rehabilitate existing single-family dwellings – The Owner-Occupied Housing Rehabilitation Program provided financial assistance to income-qualified, San Bernardino homeowners for repairs to their homes. The program serviced five owner occupied Housing Rehabilitation projects.

Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In FY 21-22, the City completed the construction on Three (3) homes on an infill lot to create affordable housing opportunities. This program improves neighborhoods by utilizing vacant and blighted lots for new owner-occupied housing. The City and their CHDO partner, Neighborhood housing Partnership Services, are marketing these affordable units for sale to households at 50% to 80% of AMI for the County of San Bernardino.

Provide Supportive Services - Homeless / Non-Homeless Special Needs - In FY 21-22, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, for phase 2 of the multi-phase Rental Assistance Demonstration (RAD) project. Phase two entails the building of 147 affordable units for mixed-income family apartments to households with 30% to 60% of AMI.

Promote Economic Development - In partnership with the Inland Empire Small Business Development Center, the City promoted and hosted small business/entrepreneur workshops. 12 San Bernardino small businesses were assisted. Due to the COVID-19 pandemic, workshops had to be postponed.

Improve Public Facilities and Infrastructure - In FY 21-22, the City worked on the following projects which are expected to be completed by September of 2022: 532 Ramona Avenue (Ward 1); 2129 Wall Avenue (Ward 2); 938 N. G Street (Ward 2); 140 W. 13th Street (Ward 2); 2060 E. 18th Street (Ward 7); Grape Street (Walnut and Mill) (Ward 3); and Davidson Avenue (Baseline to 14th) (Ward-6).

Fair Housing - The Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing services to eliminate identified impediments to fair housing through education, enforcement, and testing to approximately 3,300 persons in the City.

Planning and Administration: Provided funds for planning and administration of CDBG, HOME and ESG.

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Provide rental assistance and preserve existing affordable rental housing - In FY 21-22, 105.4 units were monitored and 75.8 were physically inspected to ensure units remained affordable and habitable.

Expand the affordable housing inventory through new construction - In FY 21-22, the fourth phase of construction commenced on the site of the former Waterman Gardens Public Housing community (now called Arrowhead Grove), which resulted in a total of 184 mixed-income family apartments. Arrowhead Grove will provide 147 affordable one- to four-bedroom family units with an additional 35 market-rate units interspersed across the site and two units for property managers. In addition to the new units constructed, a new traffic signal and bus shelter were installed.

4. Summary of Citizen Participation Process and consultation process The development of the action plan was aligned with the goals of the Consolidated plan. To solicit public input during the development of the Consolidated Plan, the City conducted the following meetings:
• Virtual Community Workshop.
• Stakeholder Interviews; and
• Online Survey.

The Action Plan will be discussed in a publicly noticed meeting where opportunity for public comment is provided. The first public hearing for the draft FY 22-23 Annual Action Plan to City Council was held on June 15, 2022. The draft plan will be made available for public review between June 15, 2022, and July 20, 2022 on the City's website. The public review period for the Draft 2022-23 Action Plan will be published in the Sun (English), and El Chicano (Spanish).

5. Summary of public comments
The top three infrastructure needs that were identified in the Consolidated Plan were street improvements, street lighting, and tree planting/urban greenery. City-facility needs identified were community centers, park and recreational facilities, and youth centers. For housing needs, the top three identified were:

1. First-time home buyer assistance

2. Owner-occupied rehabilitation

3. Renter-occupied housing rehabilitation
Respondents also identified two primary homeless needs:

1. Permanent supportive housing with social services

2. Transitional housing (short-term up to 6 months

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7. Summary
The City has taken diligent and good faith efforts to reach all segments of the community that may benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b)

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency Lead Agency
CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator
HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator
Table 1 – Responsible Agencies
Narrative (optional)
The City’s Community and Economic Development Department administers, implements, and monitors activities and projects funded through the federal grants. The Community and Economic Development Department is responsible for developing and carrying out the priorities and goals established in the Consolidated Plan. In addition, the Department works collaboratively with the Public Works Department, City Parks and Recreation Department, City Manager’s Office, City Council, and the CDBG Ad Hoc Committee to develop goals and priorities for the current year that is aligned with the Consolidated Plan and address the needs of the residents of San Bernardino.

Consolidated Plan Public Contact Information
For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: the Finance Department, Marim Fam, at 201 N E Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-5345 or via email at [email protected].

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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City views the Consolidated Plan and Annual Action Plan as an opportunity to engage the community in the CDBG, HOME, and ESG investment process. The City encourages their residents to voice their needs and concerns regarding homelessness, affordable housing, and community development. All members of the public, especially those living in low- and moderate-income neighborhoods, are encouraged to participate in the planning stages. The goal of the consultation process was to gather data to help determine the priority needs. The City also coordinates and collaborates with various service providers to identify specific needs or certain vulnerable populations.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
• The City has been working in partnership with the Housing Authority of the County of San Bernardino (HACSB) and County Community Development and Housing Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as Arrowhead Grove). The City is also working in partnership with National CORE, an Inland Empire CHDO, and the Housing Authority of the County of San Bernardino in the development of Arrowhead Grove.
• The City partners with Neighborhood Partnership Housing Services (NPHS), a CHDO, for the administration of an owner-occupied, single family rehabilitation program. • Housing Partners I, also a CHDO, and NPHS partners with the City to build new single family, ownership housing on vacant and blighted lots throughout the city, in order to increase homeownership among households at and below 80% of Area Median Income. • The City coordinates with the County Department of Behavioral Health (DBH) in an ongoing exchange of information and resources available to persons who are experiencing homelessness and mental health crises. The City has also partnered with DBH in the Golden Apartments project where DBH provides the case management services for the formerly homeless residents who live with mental illness.
• The City has also been working on investment strategies for housing and health with Dignity Health. Dignity Health’s Community Investment program provided a $1.2 million dollar loan for the construction (which is currently underway) of Arrowhead Grove Phase 3, which will result in the construction of a 184 mixed income development, with 147 units reserved for low-income households.
• The City has been consulting with the Housing Authority of the County of San Bernardino and the Community Development and Housing Agency of the County of San Bernardino concerning

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lead-based paint hazards as it relates to rehabilitation of owner-occupied single-family homes. The City has also consulted with HUD’s environmental office regarding lead-based paint and staff attended the most recent lead-based paint training provided onsite at the HUD Los Angeles office.
• The City has been in coordination with the San Bernardino Unified School District with their Uplift San Bernardino initiative. Uplift San Bernardino is focused on the future of the youth community, such as launching the future workforce into local jobs; ignite Upward Mobility in the community; convene leadership work groups to change systems & policies; effectively inspire community voice & engagement to inform better decisions & increase access to opportunities especially for youth; create shared understanding of issues & opportunities based on research & data; mobilize people and resources to fill in gaps identified between systems and promote accountability through a transparent history of Uplift’s decisions, progress, & learning.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City recognizes the needs to address people experiencing homelessness, particularly the chronically homeless populations. The City collaboratively works with four entities throughout the County of San Bernardino. The following entities are:
1) Interagency Council on Homelessness
2) Homeless Provider Network
3) Central Valley Steering Committee
4) San Bernardino County Behavioral Health Administration, Office of Homeless Services These entities comprise of policy-making bodies, advisory groups of faith-based and non-profit housing organizations, collaborative organization among City jurisdictions, and committees established specifically to assist those experiencing homelessness. The “10-Year Strategy to End Homelessness in San Bernardino County” guides the actions and serves as a blueprint to end homelessness in the County of San Bernardino.

Concurrently, the City of San Bernardino also actively participates in the Continuum of Care (CoC) and is fully supportive of the objectives of the 10-Year Strategy to End Homelessness in San Bernardino County plan. Bessine Richard represents the City on the board of the Interagency Council on Homelessness. The City’s Police Department support and participates in the Point-in-Time (PIT) Homeless County. The Community & Economic Department requires their ESG subrecipients to participate in the CoC’s Homeless Management Information System (HMIS). This software application is designed to collect client-level data and data on the provision of housing and services to homeless individuals, families, and

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person at-risk of homelessness. Lastly, the City funds four organizations through the ESG programs that provide street outreach, emergency shelter, homeless prevention services, rapid rehousing and HMIS.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City closely works with the CoC and attends its regularly scheduled meetings and trainings in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, in regard to funding recommendations. The discussions at the ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative from the Housing Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year, HASCB, along with the support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities

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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency
Major Employer
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of City of San Bernardino and participated in a community workshop. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. 2 Agency/Group/Organization Neighborhood Partnership Housing Services, Inc. (NPHS) Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing and infrastructure investment in the community.
3 Agency/Group/Organization Lutheran Social Services Southern California Agency/Group/Organization Type Services - Housing
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community

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4 Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Health Agency
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community.
5 Agency/Group/Organization SAN BERNARDINO
Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Hazard Mitigation & Local
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The Public Works Department has an ongoing internal coordination process with the Housing Department for projects and plans funded through CDBG. The coordination provides the City with input regarding hazard mitigation and a continued open channel with resilience agencies (agencies whose primary responsibilities include the management of flood prone areas, public land or water resources and emergency management agencies) in the development of its plan. The IT Department has an ongoing coordination process with the Housing Department for projects and plans funded through CDBG. The internal coordination provides the City with input regarding broadband (broadband internet service providers, organizations engaged in narrowing the digital divide) in the development of its plan.

Identify any Agency Types not consulted and provide rationale for not consulting

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No agency types were excluded from engagement. For future planning processes, the City will make a special effort to include specified organizations that provide a wide range of services to the residents of San Bernardino.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care Continuum of Care Alliance
Potential funding allocations to address homeless needs will complement the COC Strategy.
10-Year Strategy to End
Homelessness
Continuum of Care Alliance
Funding allocations to address homeless needs will be
consistent with the 10-Year Strategy to End Homelessness.

City of San Bernardino 2013-2021
Housing Element
City of San Bernardino Department of
Community Development
Potential funding allocations to address housing needs that will complement the 2013-2021 Housing Element
Housing Authority County of San
Bernardino (HACSB)
Housing Authority County of San
Bernardino (HACSB)
The City will support HACSB's efforts on public housing and the ongoing partnership on Waterman Gardens
Table 3 – Other local / regional / federal planning efforts Narrative (optional)
During the preparation of the Consolidated plan, City staff, along with assistance from their consultant, worked to engage a wide array of residents and stakeholder for the community outreach process. The City engaged residents and stakeholders through a community survey, stakeholder interviews, and community meetings. Various service providers, such as Health Agencies and Homeless Service providers, were included.

Stakeholders and residents provided feedback on priorities, housing problems and possible solutions. They were asked to provide input on how the City should spend their CDBG, HOME and ESG funding.

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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City published will notice for public hearings and 30-day public review of the FY 2022-2023 Annual Action Plan in El Chicano and the San Bernardino Sun. The report will be made available on the City’s website at the Community and Economic Development Department. In addition, notification of the Virtual Community Workshop was posted to the City’s social media account.

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Citizen Participation Outreach
Sort Ord
er
Mode of Outrea
ch
Target of Outre
ach
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
1 Newspaper Ad
Minorities
Non-English
Speaking -
Specify other
language:

Spanish
Persons with
disabilities
Residents of
Public and
Assisted Housing
Low Income
persons
Published in SB
Sun and El Chicano
on June 1st, 2022

TBD TBD
http:iecn.com/newspaper
s/el-chicano/
https://www.sbsun.com

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Sort Ord
er
Mode of Outrea
ch
Target of Outre
ach
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
2 Public Hearing
Minorities
Non-English
Speaking -
Specify other
language:

Spanish
Persons with
disabilities
Nontargeted/broad
community
Residents of
Public and
Assisted Housing
members of the
public attended
the June 15, 2022
meeting.

TBD TBD www.sbcity.org/housing

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Sort Ord
er
Mode of Outrea
ch
Target of Outre
ach
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
3 Public Hearing
Minorities
Non-English
Speaking -
Specify other
language:

Spanish
Persons with
disabilities
Nontargeted/broad
community
Residents of
Public and
Assisted Housing
members of the
public attended
the July 20, 2022
public hearing.

TBD TBD
Table 4 – Citizen Participation Outreach

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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
San Bernardino, like many other jurisdictions is faced with the challenging task of meeting increasing needs with fluctuating and/or decreasing federal and state resources.

The figures shown in the Anticipated Resources table below reflect HUD's current allocation. The figure for "Expected Amount Available for Remainder of Con Plan" anticipates the level of funding using the current year allocations and projecting those allocations over the remaining years covered by the Consolidated Plan. If there are any cuts to the City's allocation over the coming years, the City will adjust this figure

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accordingly and prepare the Annual Action Plans reflective of the funding reality.

Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 3,112,512 0 0 3,112,512 6,400,000
Funding for program year 2021
includes the City’s HUD allocation,
estimated program income, and prior
year resources.

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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New construction
for ownership
TBRA 1,569,520 200,000 0 1,769,520 2,900,000
The City plans to invest its HOME
dollars affordable housing projects;
Infill Housing Program
(homeownership)

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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
ESG public -
federal
Conversion and
rehab for
transitional
housing
Financial
Assistance
Overnight shelter
Rapid re-housing
(rental
assistance)
Rental Assistance
Services
Transitional
housing 278,068 37,512 0 315,580 560,000
ESG monies will fund subrecipients to
assist people experiencing
homelessness with Emergency Shelter
(ES), HMIS, Motel Vouchers, Rapid ReHousing, Rental Assistance, Homelessness Prevention (HP) and
Financial Assistance.

Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City will focus on leveraging its federal resources with state, local, and private capital in order to develop quality and decent affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including:

Federal Resources

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• Section 8 Housing Choice Voucher Program
• Federal Low-Income Housing Tax Credit Program
• Tax Exempt Bond Financing
• Community Investment Funds from Dignity Health
State Resources
• Tax Exempt bonds
• State Low-Income Housing Tax Credit Program
• No Place Like Home
• Community Reinvestments Funds
• Permanent Local Housing Allocation (PLHA) from California State Department of Housing • Veteran Housing and Homeless Prevention Program
Local Resources
• San Bernardino County Continuum of Care
• Housing Authority of San Bernardino County (HACSB)
Private Resources
• Dignity Health
• San Manuel Band of Mission Indians
• San Bernardino Unified School District
• City of San Bernardino Successor Housing Agency
Per HUD regulations, ESG recipients must match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions, and funds from other local, state, and federal programs.

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In addition, HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, when a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of match. The FY 2021-2022 match reductions are not available as of date of this writing. However, in FY 2022-2023, the City received a 100 percent match reduction due to severe fiscal distress. The City of San Bernardino will continue to leverage its HOME funds with other housing resources as required. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year.

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If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan With the dissolution of the redevelopment agency, successor agencies with real property assets are required to dispose of the properties pursuant to the City’s Long-Range Property Management Plan or Housing Asset Transfer (HAT) Plan. The Successor Agency has transferred all property listed on the Housing Asset Transfer list to the City as the Successor Housing Agency. The City will determine the development and/or disposition of these properties in the following months.

Discussion
The Housing Successor Agency has a disposition plan for the parcels and the City will retain some for economic development purposes, sell a number of the parcels and retain others for housing. The majority of the properties are single family parcels that the city intends to utilize for the construction of single-family ownership housing.

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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Promote Economic
Development
2020 2025 Economic
Development
CityWide Promote Economic
Development
CDBG:
$788,803
Jobs created/retained: 214
Jobs
Businesses assisted: 20
Businesses Assisted
2 Fair Housing 2020 2025 Non-Housing
Community
Development
CityWide Fair Housing CDBG:
$73,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 2700 Persons
Assisted
3 Expand Home
Ownership
2020 2025 Affordable
Housing
CityWide
LMI Areas
of the City
Expand Home
Ownership
HOME:
$455,000
Homeowner Housing Added: 3
Household Housing Unit
4 New Affordable
Housing Projects
2020 2025 Affordable
Housing
LMI Areas
of the City
Expand Home
Ownership
Opportunities
HOME:
$1,157,568
Expand Homeownership
opportunities: 15 Households
Assisted
5 Improve Facilities
and Infrastructure
2020 2025 Non-Housing
Community
Development
CityWide Improve Facilities
and Infrastructure
CDBG:
$1,628,207
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 1500 Persons Assisted

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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
6 Provide Homeless
and Homeless
Prevention Services
2020 2025 Homeless CityWide Provide Homeless
and Homeless
Prevention Services
ESG:
$315,580
Public service activities other
than Low/Moderate Income
Housing Benefit: 612 Persons
Assisted
7 Planning and
Administration
2020 2025 Program
administration
funds
CityWide Planning and
Administration
CDBG:
$622,502
HOME:
$156,952
ESG:
$20,855
Other: 1 Other
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Promote Economic Development
Goal
Description
Section 108 Loan Repayment: Debt service repayment for Arden Guthrie Project. The project will create 214 jobs. 2 Goal Name Fair Housing
Goal
Description
Eliminate identified impediments to fair housing through education, enforcement, and testing. Assist 2,700 households. 3 Goal Name Expand Home Ownership
Goal
Description
Infill Housing Project to create a total of three (3) new houses in the Eastpointe Community.

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4 Goal Name New Affordable Rental Housing
Goal
Description
Create new affordable rental units
5 Goal Name Improve Facilities and Infrastructure
Goal
Description
The City has proposed to fund Citywide Pavement
Rehabilitation at these locations:
10th Street between F street and G street - Ward 1
49th Street between Sepulveda Avenue and End. - Ward 4
Rialto Avenue from Mt. Vernon and Muscott - Ward 3
6 Goal Name Provide Homeless and Homeless Prevention Services Goal
Description
Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. 612 persons to be assisted.
7 Goal Name Planning and Administration
Goal
Description
The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Consolidated Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds.

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Projects
AP-35 Projects – 91.220(d)
Introduction
With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund FY2022-2023 eligible projects in the following categories: promote economic development, fair housing, expand homeownership opportunities, new affordable rental housing, improve public facilities and infrastructure, provide supportive services to homeless individuals and those with special needs, and program planning and administration.

Projects
# Project Name
1 Section 108 Repayment Program - Promote Economic Development 2 Street Improvements
3 Fair Housing
4 Infill Housing Project
5 New Affordable Housing Projects
6 Arrowhead Grove - Phase 4
7 Homeless Services
8 Planning and Administration, CDBG, HOME, ESG
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
These project and activity priorities have been identified by the community input received and based on the identified needs of the City. The primary obstacle in addressing the underserved needs is the insufficient resources to meet the ongoing needs of individuals, especially those with special needs such as individuals experiencing homelessness.

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AP-38 Project Summary
Project Summary Information

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1 Project Name Section 108 Debt Repayment Program - Promote Economic Development
Target Area LMI Areas of the City
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $788,803
Description Section 108 Loan Repayment Program in order to pursue physical and economic revitalization that will provide jobs.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
214 individuals will benefit from this proposed activity.

Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino.

Planned Activities The City has moved forward with the sale of the property and using Section 108 loan for the repayment of the Arden Guthrie Project. 2 Project Name Street Improvements
Target Area LMI Areas of the City
Goals Supported Improve Facilities and Infrastructure
Needs Addressed Improve Facilities and Infrastructure
Funding CDBG: $1,628,207
Description Three (3) streets have been identified for sidewalk replacement and ADA accessibility improvements.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
Area with an average income level of 30% to 50% of AMI will benefit of the improvements made to these streets.

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Location Description The City has proposed to fund Citywide Pavement Rehabilitation.

1. 10th between F Street and G Street (1st Ward)- multiple APN30,000 SF

2. 49th Street between Sepulveda Avenue and End (4th Ward)- Multiple APN- 65,000 SF

3. Rialto Avenue from Mt. Vernon and Muscott to Bridget (3rd Ward) Multiple APN-180,000 SF
Planned Activities Street improvements and ADA compliance. 3 Project Name Fair Housing
Target Area CityWide
Goals Supported Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $73,000
Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
This program will benefit approximately 2,700 Low/Moderate Income Households/Tenants.

Location Description Citywide
Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws.
4 Project Name Infill Housing Project
Target Area CityWide
Goals Supported Expand Home Ownership
Needs Addressed Expand Home Ownership
Funding HOME: $455,000
Description Infill Housing Project construction of new houses

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Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
The program will create 3 new houses
Location Description Citywide
Planned Activities Construction
5 Project Name Planning and Administration, CDBG, HOME, ESG Target Area CityWide
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding CDBG: $622,502
HOME: $156,952
ESG: $20,855
Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME and ESG regulations. Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs.

Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
• N/A
Location Description Citywide
Planned Activities Grant and Project Management
6 Project Name Affordable Housing Projects
Target Area CityWide

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Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding HOME: $1,157,568
Description Construction of Single Family homes and loans for rehabilitation of ten (10) single family homes. Applicant incomes are to be at or below 80% of Area Median Income.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
At or below 80% of Area Median Income.

Location Description Location has not been determined. However, the project will take place within the City of San Bernardino. Once the location has been selected and approved, staff will notify HUD.

Planned Activities Construction of Permanent Supportive Housing (PSH) project for verylow to low income residents 7 Project Name Homeless Services - Provide Supportive Services and ESG Administration Target Area Citywide
Goals Supported Provide Supportive Services
Needs Addressed Homeless
Funding ESG: $294,725
Description Assist homeless and special needs populations with supportive services.

Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
Approximately 300 persons at very low income to zero income will benefit from the proposed activities.

Location Description Citywide
Planned Activities Homeless supportive services

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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will use its funding for FY 2022-2023 to fund a variety of housing, community development, economic development, and capital improvement projects. The majority of federal funds will be used to finance projects targeting low- to moderate-income individuals and families throughout the City.

CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income.

The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2020 Census, approximately 66.2 percent of the population is of Hispanic Origin, 14.4 percent is Non-Hispanic, White, 13.2 percent is Black, and 4.1 percent is Asian, and

8.1 percent is comprised of two or more races.

See attached maps in the Action Plan document as a reference to the geographic distribution.

Geographic Distribution
Target Area Percentage of Funds
CityWide 100
CDBG Eligible Census Tract and Block Group 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The funding available under the 2022-2023 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2022-2023 Action Plan, the City established priority needs based on an in-depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low-income neighborhoods where residents have the greatest need for housing/services.

Discussion
As noted previously, the City does not allocate funds on a geographic basis, instead, funds are allocated to organizations that provide low-income households with housing and supportive services. On an

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annual basis, the City prioritizes the use of its CDBG funding for housing and community development activities, including preservation and conservation of affordable housing and activities that serve lowand moderate-income households.

Public improvements and public facilities are qualified as benefitting low- and moderate-income persons. Activities identified under the public service category and targeted to special needs populations are offered on a citywide basis and/or where resources can be coordinated with existing facilities or services.

The City of San Bernardino does not have any Neighborhood Revitalization Strategy Areas (NRSA) within its City’s boundaries.

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
As a reflection of the Housing Needs Assessment of the 2020-2024 Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities Preserve and Rehabilitate Housing
Approximately 67 percent of both owner-occupied housing (18,125) and rental units (20,735) were built prior to 1980. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the afterrehabilitation value (Data Source: 2011-2015 ACS).

Expand Home Ownership Opportunities
There is a need for affordable housing in San Bernardino. The most prevalent housing problems within the City is cost burden and overcrowded conditions. San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI).

Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation, and medical care. Overcrowded conditions exist when more people are living within a single dwelling than there is space for, so that movement is restricted, privacy is compromised and levels of stress increase.

Low-moderate income (LMI) renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent).

Many of San Bernardino’s extremely low-income households (42 percent) are small families (four

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persons or less), which shows a need for smaller (one, two, or three bedroom) affordable housing units.

The City’s housing market has increased over the past few years. In 2015, the median income in the City was $37,047, a 16 percent increase, with an MHV of $159,800, which would make most homeowners cost burdened. In 2020, the median income in the City was $49,287, a 18 percent increase, with an MHV of $272,600, which would make most homeowners cost burdened.

Based on the 2015-2019 ACS, the median income would be sufficient for a renter to afford $1,059 in housing costs per month, which includes rent and utilities, and not be cost burdened; 37 percent of the City’s renter population pays $999 or less per month.

One Year Goals for the Number of Households to be Supported Homeless 600
Non-Homeless 349
Special-Needs 0
Total 949
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 600
The Production of New Units 349
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 949
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
Introduction continued:

Provide Assistance to Renter Households
The City has a significant inventory of publicly assisted rental housing affordable to low-income households. Eighteen affordable rental housing developments in the City offer income/rent restricted housing for approximately 2,205 very low-income households. A total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status. HACSB does not anticipate losing affordable housing units due to expiration of contracts in the next five years. These projects are technically considered at risk of converting to market-rate housing. However, most of these projects are non-profit owned senior housing which will receive priority for rental of subsidy contracts with

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HUD. Therefore, it is unlikely that the projects will convert to market-rate housing.

Nonetheless, the City will periodically reach out to owners of assisted projects to understand their intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring in order to extend the terms of affordability.

The City also will continue to work with qualified Community Housing Development Organizations (CHDO) to acquire and construct or rehabilitate multifamily housing as long-term affordable housing for lower-income households.

Discussion:

The table “One Year Goals for the Number of Households to be Supported” consists of 349 nonhomeless households to be supported. New Infill Housing construction of three (3) for-sale single family homes citywide is planned (incomes will range from 50% to 80% of Area Median Income (AMI)).

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AP-60 Public Housing – 91.220(h)
Introduction
Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals.

The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB).

This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD).

In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents.

The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino.

Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following:

Monitor At-Risk Units
The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units.

Support and Assist Local Non-Profit Organizations
In order to develop or preserve the City’s affordable housing stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Because the City does not own any public housing units, the City has not taken efforts to encourage public housing residents to become more involved in management and participate in homeownership.

However, the City collaborates with the Housing authority of the County of San Bernardino to encourage public housing residents to contribute and participate in the management and HACSB has a

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homeownership program for residents of public housing.

As for homeownership opportunities, the City has initiated an Infill Housing Program that will acquire distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually, it has a moving to work designation which is a designation that a limited number of PHAs across the country have.

Discussion
There is no discussion relative to the designation of the county PHA.

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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
According to the San Bernardino County 2020 Homeless PIT Count, there were 1,056 homeless persons in the City. A total of 183 individuals were sheltered, 50 in transitional housing, and 823 were unsheltered. To address this issue, the City will allocate approximately $294,725 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement.

The City is continuing its contract in FY 2022-2023 with Step Up On Second, with the goal of reaching 150 homeless persons through street outreach, providing social service referrals to those persons and facilitating the placement of 13 homeless persons into permanent housing.

Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. LSCC will provide 150 homeless persons in the City of San Bernadino with emergency shelter.

The City has partnered with Step Up on Second to provide street outreach services to 150 homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing.

The City will also be working with the Salvation Army to provide emergency shelter for 100 persons, focusing on women and women with children. The Salvation Army San Bernardino Hospitality House operates several programs within its 21-room facility. Currently there are 21 units/rooms of transitional housing for families, three units/rooms set-aside for emergency shelter for families and one room with

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six beds for single females experiencing homelessness. Total residential capacity is 82 beds but is often over capacity due to cribs and family size.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness.

Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health.

San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from

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correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness.

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following:

Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding were the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects.

Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing.

Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City.

Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences.

Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed singlefamily homes and poorly maintained multifamily complexes.

State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR)

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expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing:

1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot Consolidation.

2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law.

3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2.

4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects.

5. The City will update its General Plan.

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Discussion:

To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households.

For FY 2022-2023, the City will continue to fund its Infill Housing Program and its Owner-Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single-family units owned by low and moderate-income households.

Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households.

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AP-85 Other Actions – 91.220(k)
Introduction:

Priority Needs established in the FY 2020-2024 Five-Year Consolidated Plan, which forms the basis for establishing objectives and outcomes in the FY 2022-2023 One-Year Action Plan, are as follows:

High Priority
• Preserve and Rehabilitate Housing
• Expand Homeownership Opportunities
• Provide Homeless and Homeless Prevention Services
Low Priority
• New Affordable Rental Housing
• Improve and Expand existing Community Facilities and Infrastructure to meet current and future needs
• Eliminate identified impediments to fair housing through education, enforcement, and testing • Planning and Administration – CDBG, HOME, ESG
• New Affordable Housing Construction or Rehabilitation • Expand Homeownership opportunities – Infill Housing
• First-Time Homeownership – CHDO 15% set-aside
Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development. It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds.

The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for

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seniors and lower-income households.

Actions planned to foster and maintain affordable housing The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner-Occupied Rehabilitation Loan Program. The City will continue this program using re-programmed funds from the previous year’s allocation.

Actions planned to reduce lead-based paint hazards
To reduce lead-based paint hazards, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner-Occupied Residential Rehabilitation Program will be tested for lead-based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35.

Actions planned to reduce the number of poverty-level families For FY 2022-2023, the City will support:
• An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate-income households • Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families.
• The improvement of streets, along with the Infill Housing that will be taking place. These improvements will have a greater impact in the neighborhoods. • The efforts of HACSB, who provides rental assistance and conventional housing to low-income households.
• The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. • The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness. • The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current

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housing or to locate another housing placement.

Actions planned to develop institutional structure
During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e., CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing.

Actions planned to enhance coordination between public and private housing and social service agencies
During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development.

Discussion:

The implementation of the FY 2021-2022 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies.

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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

In the implementation of programs and activities under the 2021-2022 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.00% HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is

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as follows:

The City does not anticipate using other forms of investment beyond those identified in Section

92.205.

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254:
(a) If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. (b) If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent:
(2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount.
(c) In no event shall City’s recovery exceed the amount of the Net Proceeds.

The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property.

In its homeownership and single-family rehabilitation programs the City utilizes the homeownership

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limits for the San Bernardino Metropolitan/FMR Area provided by HUD.

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds. 24 CFR 92.254(a)(4) are as follows:

Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows:

Amount of HOME Subsidy Period of Affordability
Less than $15,000 5 years
$15,000 to $40,000 10 years
More than $40,000 15 years
The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property.

In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single-family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs.

The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants

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Packet Pg. 199 Attachment: ATTACHMENT 1 - DRAFT Annual Action Plan 06.15.2022 (9032 : Public Hearing for Draft Annual Action Plan (All Wards)) Annual Action Plan
2022-2023
53 OMB Control No: 2506-0117 (exp. 09/30/2021)
expire and new NOFAs and RPS are released.

Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)

1. Include written standards for providing ESG assistance (may include as attachment) See Attachment under Admin - IDIS (AD-26).

2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system.

The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low-cost health and human service providers.
211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org.

Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness.

3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations).

The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness.

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Packet Pg. 200 Attachment: ATTACHMENT 1 - DRAFT Annual Action Plan 06.15.2022 (9032 : Public Hearing for Draft Annual Action Plan (All Wards)) Annual Action Plan
2022-2023
54 OMB Control No: 2506-0117 (exp. 09/30/2021)
The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered.

Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2021-2022 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval.

4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.

The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City.

The ICH is charged with directing, coordinating, and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy

10.a
Packet Pg. 201 Attachment: ATTACHMENT 1 - DRAFT Annual Action Plan 06.15.2022 (9032 : Public Hearing for Draft Annual Action Plan (All Wards)) Annual Action Plan
2022-2023
55 OMB Control No: 2506-0117 (exp. 09/30/2021)
recommendations.

As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and subrecipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG.

5. Describe performance standards for evaluating ESG.

ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities.

ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance.

Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing.

All subrecipient providers should meet or exceed project quality goals established by HUD and CoC

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Packet Pg. 202 Attachment: ATTACHMENT 1 - DRAFT Annual Action Plan 06.15.2022 (9032 : Public Hearing for Draft Annual Action Plan (All Wards)) Annual Action Plan
2022-2023
56 OMB Control No: 2506-0117 (exp. 09/30/2021)
guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons.

10.a
Packet Pg. 203 Attachment: ATTACHMENT 1 - DRAFT Annual Action Plan 06.15.2022 (9032 : Public Hearing for Draft Annual Action Plan (All Wards)) Annual Action Plan
2022-2023
57 OMB Control No: 2506-0117 (exp. 09/30/2021)
Attachments

10.a
Packet Pg. 204 Attachment: ATTACHMENT 1 - DRAFT Annual Action Plan 06.15.2022 (9032 : Public Hearing for Draft Annual Action Plan (All Wards)) Annual Action Plan
2022-2023
58 OMB Control No: 2506-0117 (exp. 09/30/2021)

10.a
Packet Pg. 205 Attachment: ATTACHMENT 1 - DRAFT Annual Action Plan 06.15.2022 (9032 : Public Hearing for Draft Annual Action Plan (All Wards)) Annual Action Plan
2022-2023
59 OMB Control No: 2506-0117 (exp. 09/30/2021)

10.a
Packet Pg. 206 Attachment: ATTACHMENT 1 - DRAFT Annual Action Plan 06.15.2022 (9032 : Public Hearing for Draft Annual Action Plan (All Wards))

EXHIBIT B
FISCAL YEAR 2022-2023 DRAFT ACTION PLAN ACTIVITY RECOMMENDATIONS Activity CDBG Requested ESG HOME
Grant Fund Allocation 3,112,512 $ 278,068 $ 1,569,520 $ Program Income and Reprogrammed Fund - $ 37,512 $ 200,000 $ Administration (maximum available) 622,502 $ 20,855 $ 156,952 $ Section 108 Repayment 788,803 $
Fair Housing (IFHMB)1 $ 73,000
CDBG Program Total 1,484,305 $
Public Facilities Projects
Street Improvements2 $ 1,628,207
Public Facilities Projects Total 1,628,207 $ - $ - $
Housing Programs/Projects
Infill Housing 455,000 $
Affordable Housing Projects 1,157,568 $
Housing Programs/Projects Total - $ - $ 1,612,568 $
Homeless Assistance
Lutheran Social Services (LSS) 70,000 $
Step Up on Second 62,213 $ - $
Salvation Army - Hospitality House 100,000 $
Community Action Partnership 25,000 $
Homeless Assistance Program 37,512 $
Homeless Assistance Total 294,725 $
Total Requested 3,112,512 $ 315,580 $ 1,769,520 $
1Required for all jurisdictions receiving CDBG funds.
2Below are the streets to be improved:
10th Street between F street and G street - Ward 1
49th Street between Sepulveda Avenue and End. - Ward 4
Rialto Avenue from Mt. Vernon and Muscott - Ward 3

10.b
Packet Pg. 207 Attachment: ATTACHMENT 2 - Annual Action Plan, Exhibit B 06.15.2022 (9032 : Public Hearing for Draft Overview of What is Community Development Block Grant
(CDBG) Funding and Draft #1 FY 2022-2023 Action
Plan
Finance and Community & Economic Development Departments City Council Meeting
June 15, 2022

10.c
Packet Pg. 208 Attachment: ATTACHMENT 3 - PowerPoint Presentation (9032 : Public Hearing for Draft Annual Action CDBG Program Goals
ØThe goals of the program is the development of viable
communities which are achieved by assisting persons of
moderate and low income attain:
2 • Decent housing;
• A suitable living environment;
and
• Expanded economic
opportunities.

10.c
Packet Pg. 209 Attachment: ATTACHMENT 3 - PowerPoint Presentation (9032 : Public Hearing for Draft Annual Action Entitlement Program
Ø CDBG consists primarily of an entitlement program that provides formula grants to metropolitan cities and urban counties.

Ø The grant amounts to cities and counties are determined by the higher of two formulas:
• Data based on overcrowded housing, population and poverty (benefits rapidly growing cities with high poverty and lack of affordable housing); or • Data based on age of housing, population growth lag and poverty (benefits older cities with large amounts of old and deteriorating housing). • The City of San Bernardino began receiving an annual allocation in 1994. • In FY 2021-22 the City received $3,259,910 in CDBG
3 10.c
Packet Pg. 210 Attachment: ATTACHMENT 3 - PowerPoint Presentation (9032 : Public Hearing for Draft Annual Action Federal Grants Received by the City
Besides the CDBG grant, the City also receives:
• HOME Investment Partnerships Program
(HOME) funds for the provision of affordable
housing for low-income households; and
• Emergency Solutions Grant (ESG) funds for
homeless prevention, emergency shelter, and rapid
re-housing of homeless persons.
4 10.c
Packet Pg. 211 Attachment: ATTACHMENT 3 - PowerPoint Presentation (9032 : Public Hearing for Draft Annual Action Consolidated Plan/Annual Action Plan
• To receive its annual allocation, the
City must complete a five-year
Consolidated Plan.
• Plan reports on data specific to the
community
• Developed through community
input and collaboration: surveys,
public hearings, stakeholder
interviews, housing summit and
community meetings.
• Outlines community’s priorities and
goals for a 5-year planning period.
• The City completed its most recent
consolidated plan in June of 2020.
5 10.c
Packet Pg. 212 Attachment: ATTACHMENT 3 - PowerPoint Presentation (9032 : Public Hearing for Draft Annual Action Consolidated Plan/Annual Action Plan
(continued)
• Each year of the Consolidated Plan, the City must develop an Annual Action Plan
• Specifies how the City will use that year’s allocation of CDBG funds. • Acts as the City’s application to Department of Housing and Urban Development (HUD) for use of CDBG funds.
• The City’s FY 2022-2023 allocation was announced by HUD on May 13, 2022.
• Today staff presents the draft Action Plan. The final plan comes back for adoption on July 20, 2022.
• The draft plan will be made available for public review between June 15, 2022, and July 20, 2022, as required by HUD.
• The Action Plan is due to HUD no later than August 16, 2022. 6 10.c
Packet Pg. 213 Attachment: ATTACHMENT 3 - PowerPoint Presentation (9032 : Public Hearing for Draft Annual Action Activities
• Annual Action Plan funding recommendations are
aligned with the Consolidated Action Plan.
• With the exception of three ongoing activities, the
CDBG activities proposed are public facilities (street
improvements).
• ESG recommended allocations include continued
funding for community partners.
• HOME recommended allocations include infill
housing and an amount for other affordable housing
projects.
7 10.c
Packet Pg. 214 Attachment: ATTACHMENT 3 - PowerPoint Presentation (9032 : Public Hearing for Draft Annual Action FY 2022-2023 Activity Recommendations
8 Activity CDBG ESG HOME
Grant Fund Allocations $3,112,512 $278,068 $1,569,520
Program Income and Reprogrammed Funds -0- 37,512 200,000 Total Available Funds 3,112,512 315,580 1,769,520
Administration (maximum allowed) 622,502 20,855 156,952 Sec. 108 Loan Repayment 788,803 -0- -0-
Fair Housing (IFHMB)1 73,000 -0- -0-
CDBG Program Total 1,484,305 n/a n/a
Public Facilities Projects
Street Improvements2 1,628,207 -0- -0-
Public Facilities Projects Total 1,628,207 -0- -0-
1 Required for all jurisdictions receiving CDBG funding. Continued 2 Streets proposed for improvement:
10th St. between F St. and G St. (Ward 1)
49th St. from Sepulveda Ave. to end (Ward 4)
Rialto Ave. between Mt. Vernon and Muscott St. (Ward 3)

10.c
Packet Pg. 215 Attachment: ATTACHMENT 3 - PowerPoint Presentation (9032 : Public Hearing for Draft Annual Action FY 2022-2023 Activity Recommendations
9 Activity CDBG ESG HOME
Housing Programs and Projects
Infill Housing -0- -0- 455,000
Affordable Housing Projects – to be determined -0- -0- 1,157,568 Affordable Housing Projects Total n/a n/a 1,612,568
Homeless Assistance
Lutheran Social Services -0- 70,000 -0-
Step Up on Second Street -0- 62,213 -0-
Salvation Army – Hospitality House -0- 100,000 -0-
Community Action Partnership -0- 25,000 -0-
Homeless Assistance Program -0- 37,512 -0-
Homeless Assistance Total n/a 294,725 n/a
TOTAL Allocations $3,112,512 $315,580 $1,769,520

10.c
Packet Pg. 216 Attachment: ATTACHMENT 3 - PowerPoint Presentation (9032 : Public Hearing for Draft Annual Action Discussion
10 10.c
Packet Pg. 217 Attachment: ATTACHMENT 3 - PowerPoint Presentation (9032 : Public Hearing for Draft Annual Action

CALIFORNIA NEWSPAPER SERVICE BUREAU
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Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com

MARINA FAM

SAN BERNARDINO CITY/COMM DEV
290 NORTH D ST
SAN BERNARDINO, CA 92401

HRG NOTICE OF HEARING
NOTICE OF 30-DAY COMMENT PERIOD FOR THE DRAFT FISCAL YEAR 2022-2023 ANNUAL ACTION PLAN
06/01/2022
Publication
Total
$316.02
$316.02
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Ad Description

COPY OF NOTICE
3590322
!A000006027134!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

NOTICE OF PUBLIC HEARING
AND
NOTICE OF 30-DAY COMMENT
PERIOD

FOR THE DRAFT FISCAL YEAR
2022-2023 ANNUAL ACTION PLAN
The City of San Bernardino is an entitlement jurisdiction that receives Community Development
Block Grant (CDBG), HOME
Investment Partnerships, and
Emergency Solutions Grant (ESG)
funds directly from the U.S.

Department of Housing and Urban
Development (HUD). The City
anticipates receiving approximately
$3,112,512 in CDBG, $1,569,520 in
HOME and $278,068 in ESG funds. As a condition to receiving these funds, each year the City must
submit to HUD a One-Year Action
Plan that explains how the City
intends to invest these federal funds
toward meeting the City's
community development, affordable
housing, homeless prevention needs.

NOTICE IS HEREBY GIVEN that
the City of San Bernardino has
prepared a draft copy of the FISCAL
YEAR (FY) 2022-2023 Annual Action
Plan as required by the U.S. Department of Housing and Urban Development (HUD). Copies of the Draft FY 2022-2023
Annual Action Plan will be available
to the public for review, beginning
Wednesday, June 1, 2022 and up to
and including Wednesday July 20,
2022 on the City's website at
www.ci.san-bernardino.ca.us and at
the following location:

City of San Bernardino -- 201 N. ‘‘E’’
Street, San Bernardino, CA 92401
from 7:30AM to 4:30PM
In addition, the City of San
Bernardino will hold a public hearing on the following to receive public comments on the Draft FY
2022-2023 Annual Action Plan:

DATE & TIME: Wednesday, June
15, 2022 at 7:00 p.m.

LOCATION: Norman F. Feldheym
Central Library
555. W 6th Street, San Bernardino,
CA 92418
The City of San Bernardino will hold
a public hearing on the following to receive public comments on the Final FY 2022-2023 Annual Action
Plan: DATE & TIME: Wednesday, July
20, 2022 at 7:00 p.m.

LOCATION: Norman F. Feldheym Central Library
555. W 6th Street, San Bernardino,
CA 92418
Questions and written comments regarding the Draft One-Year Action Plan may be addressed to Marim Fam, Deputy Director of Finance, with the City of San
Bernardino Finance Department

10.d
Packet Pg. 218 Attachment: ATTACHMENT 4 - Publication Notice, SBSun 06.15.2022 (9032 : Public Hearing for Draft Annual Action Plan (All Wards)) located at 290 N. ‘‘D’’ Street, 1st
Floor San Bernardino, CA 92401 or
by email at [email protected]. You may also call (909) 384-5345 with any questions concerning the above
documents.

ACCESSIBILITY TO MEETINGS

AND DOCUMENTS
It is the objective of the City to
comply with Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with
Disabilities Act (ADA) of 1990 and
the ADA Amendment Act of 2008, the
Fair Housing Act, and the
Architectural Barriers Act in all
respects. If you require public
documents in an accessible format,
the City will make reasonable
efforts to accommodate your
request. If you require a disabilityrelated accommodation to attend or participate in a hearing or meeting,
including auxiliary aids or services,
please contact the City Clerk's Office
at least 48 hours prior to the meeting
at (909) 384-5002.

Genoveva Rocha
City Clerk
Publish: Wednesday, June 1, 2022
6/1/22
SBS-3590322#

10.d
Packet Pg. 219 Attachment: ATTACHMENT 4 - Publication Notice, SBSun 06.15.2022 (9032 : Public Hearing for Draft Annual Action Plan (All Wards))

AVISO DE AUDIENCIA
PÚBLICA Y
AVISO DEL PERÍODO DE 30
DÍAS PARA COMENTARIOS

ACERCA DE EL PROPUESTO
PLAN DE ACCIÓN ANNUAL
PARA EL AÑO 2022-2023
La Ciudad de San Bernardino es
una jurisdicción de derecho que
recibe fondos de subvención de
Desarrollo Comunitario (CDBG),
subvención de Inversión (HOME)
y subvención de soluciones de
emergencia (ESG) directamente
del Departamento de Vivienda y
Desarrollo Urbano de EE.UU.
(HUD). La Ciudad anticipa recibir
aproximadamente $3,112,512 en
CDBG, $1,569,520 en HOME y
$278,068 en fondos de ESG.

Como condición para recibir
estos fondos, cada año la Ciudad
debe enviar a HUD un Plan de
Acción Anual que explica cómo la
Ciudad desea invertir estos
fondos federales para cumplir
metas para el desarrollo de la
comunidad y viviendas
económicas.

CON LA PRESENTE SE
NOTIFICA que la Ciudad de San
Bernardino ha preparado el
propuesto del Plan de Acción
Anual del año 2022-2023 como
es requerido por el Departamento
de Vivienda y Desarrollo Urbano
de los Estados Unidos (HUD).

Copias del propuesto del Plan de
Acción Anual del año 2022-2023
será publicado y puesto a
disposición del público para su
revisión y comentarios a partir del
Miércoles, 1 de Junio, 2022,
hasta el Miércoles, 20 de Julio,
2022 en el sitio web de la Ciudad
www.ci.san-bernardino.ca.us y
en los siguientes lugares:

Ciudad de San Bernardino – 201
N. “E” Street, San Bernardino,
CA 92401 de las 7:30 a.m. a las
4:30 p.m.

La Ciudad de San Bernardino
llevará a cabo una audiencia
pública para recibir comentarios
públicos sobre el Plan de Acción
Anual del año 2022-2023:

FECHA y HORA: Miércoles, 15
de Junio, 2022,a las 7:00 p.m.

LOCALIZACION: Norman F.

Feldheym Central Library
555. W 6th Street, San
Bernardino, CA 92418
La Ciudad de San Bernardino
llevará a cabo una audiencia
pública para recibir comentarios
públicos sobre el Plan de Acción
Anual del año 2022-2023:

FECHA y HORA: Miércoles, 20
de Julio, 2022, a las 7:00 p.m.

LOCALIZACION:Norman F.

Feldheym Central Library
555. W 6th Street, San
Bernardino, CA 92418
Las preguntas y comentarios por
escrito acerca del propuesto del
Plan de Acción Anual podrán
dirigirse a Marim Fam, Directora
Adjunta de Finanzas, de la
Ciudad de San Bernardino,
Departamento de Finanzas
localizado en290 N. “D” Street,
1st Floor San Bernardino, CA
92401 o por correo electrónico a
[email protected]. También
puede llamar al (909) 384-5345
con alguna pregunta acerca de
los documentos antes
mencionados.

ACCESIBILIDAD PARA

REUNIONES Y DOCUMENTOS
Es el objetivo de la Ciudad
cumplir con la Sección 504 de la
Ley de Rehabilitación de 1973,
en su versión modificada, Acta
de Americanos con
Discapacidades (ADA) de 1990 y
ADA Ley de modificación de
2008, la Ley de Vivienda Justa, y
la Ley de Barreras
Arquitectónicas. Si necesita
documentos públicos en un
formato accesible, la Ciudad hará
todo esfuerzo razonable para
acomodar su petición. Si necesita
un acomodamiento relacionado
con la discapacidad como
servicios auxiliares, para asistir o
participar en la audiencia, por
favor comuníquese con la oficina
de la Secretaria Municipal al
menos 48 horas antes de la
audiencia, llamando al (909) 384-
5002.

Genoveva Rocha
Secretaria de la Ciudad
Publicar: Miércoles, 1 de Junio
de 2022
Published El Chicano
June 2, 2022 E-8347

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Packet Pg. 220 Attachment: ATTACHMENT 5 - Publication Notice, El Chicano 06.15.2022 (9032 : Public Hearing for Draft Annual Action Plan (All Wards))

Page 1 ends

Mayor and City CouncilJune 15, 2022

Mayor and City Council
June 15, 2022