RESOLUTION NO. 2023-188
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA: 1.
APPOINTING LYNN C. MERRILL AS INTERIM
DIRECTOR OF PUBLIC WORKS, OPERATIONS AND
MAINTENANCE (U); AND 2. APPROVING EMPLOYMENT
AGREEMENT
WHEREAS, Government Code Section 21221(h) permits the Mayor and City Council to appoint a California Public Employees’ Retirement System (“CalPERS”) retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, the position of Director of Public Works, Operations and Maintenance (U) became vacant on September 15, 2023; and
WHEREAS, in order to ensure the continuity in the operation and management of the Public Works, Operations and Maintenance Department, the Mayor and City Council desire to retain the services of Lynn C. Merrill, a retired member of CalPERS, to serve as Interim Director of Public Works, Operations and Maintenance (U), effective December 7, 2023; and WHEREAS, Lynn C. Merrill has over 45 years of experience in Public Works, Streets, Sewers, Water Utility, Facilities and Fleet operations; and WHEREAS, pending the recruitment, selection and employment of a Director of Public Works, Operations and Maintenance (U), the City desires to appoint Lynn C. Merrill as Interim Director of Public Works, Operations and Maintenance (U), pursuant to the authority provided under Government Code Section 21221(h), to provide the leadership, managerial and organization skills necessary to manage the Public Works, Operations and Maintenance Department effectively and efficiently; and
WHEREAS, it is understood by Lynn C. Merrill and the City that the combined total hours to be served in any fiscal year for all CalPERS employers shall not exceed the 960 hour limitation set forth in California Government Code Section 21221(h); and WHEREAS, the Mayor and City Council has reviewed a proposed employment agreement by and between Lynn C. Merrill and the City of San Bernardino
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
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SECTION 2. As required by Government Code Section 21221(h), the Mayor and City Council make the following findings:
(A) All facts set forth in the Recitals to this Resolution are true and correct (B) Lynn C. Merrill has the specialized skills needed to perform the work required of the Interim Director of Public Works, Operations and Maintenance (U), until a permanent Director of Public Works, Operations and Maintenance (U), is appointed and thereafter begins his or her service.
(C) It is in the best interests of the City of San Bernardino to enter into an employment agreement with and to appoint Lynn C. Merrill as Interim Director of Public Works, Operations and Maintenance (U), for the City of San Bernardino pursuant to the authority provided under Government Code Section 21221(h).
SECTION 3. Lynn C. Merrill, is hereby appointed as Interim Director of Public Works, Operations and Maintenance (U), of the City of San Bernardino in accordance with Government Code Section 21221(h) and with the provisions of the employment agreement on file with the City Clerk.
SECTION 4. The employment agreement with Lynn C. Merrill, a copy of which is a copy which is incorporated herein as Exhibit “A”, is hereby approved by the Mayor and City Council of the City of San Bernardino, and effective December 6, 2023. The City Manager is authorized to execute said agreement on behalf of the City of San Bernardino, with such non-substantive, technical amendments as may be deemed appropriate by the City Attorney.
SECTION 5.That the Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of December 2023.
Helen Tran, Mayor
City of San Bernardino
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-189, adopted at a regular meeting held on the 6 th day of December 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
MAYOR : AYES NAYS ABSTAIN ABSENT
TRAN _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.
Genoveva Rocha, CMC, City Clerk
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AGREEMENT FOR
INTERIM DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U) THIS AGREEMENT (“Agreement”), is made and entered into this 6th day of December, 2023 by and between the City of San Bernardino (“CITY”) and Lynn C. Merrill (“RETIREE”) (collectively, the “Parties”). In consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows:
RECITALS
This Agreement is made and entered into with respect to the following facts:
A. CITY seeks to engage RETIREE on an interim basis in the position of Interim Director of Public Works, Operations and Maintenance (U), in accordance with the terms set forth Agreement; and
B. RETIREE desires to accept employment as Interim Director of Public Works, Operations and Maintenance (U) on an interim basis in consideration of and subject to the terms, conditions and benefits set forth in this Agreement; and C. RETIREE represents that he is a retired annuitant of CalPERS within the meaning of Government Code §§7522.56 and 21221(h) (“Statutes”) and acknowledges that his compensation is statutorily limited as provided in Government Code §21221(h). RETIREE represents that, as of the effective date of this Agreement, he has not worked for another CalPERS state or contracting agency as a retired annuitant during the 2023-2024 fiscal year, and that he therefore acknowledges that he can work up to 960 hours for the CITY, a state agency or other CalPERS contracting agencies (collectively “CalPERS Agencies”) during the 2023-2024 fiscal year. With the execution of this Agreement, RETIREE affirms that he has not received unemployment compensation arising from work pursuant to Government Code Section 7522.56 during the 12-month period preceding the effective date of this Agreement. RETIREE further affirms that his CalPERS retirement date became effective prior to the 180-day period preceding the Commencement Date, as that term is defined in Section 3 of this Agreement; and D. CITY has determined that it is necessary to hire RETIREE, a retired annuitant, because his extensive knowledge and skills relating to operation, management, and supervisory skills relating thereof are necessary for the successful operation of the Public Works, Operations and Maintenance Department.
NOW, THEREFORE, CITY and RETIREE, in consideration of the mutual covenants and agreements herein contained, agree as follows:
1.APPOINTMENT. In accordance with Resolution No. ___________, RETIREE is appointed Interim Director of Public Works, Operations and Maintenance (U) of the CITY on an interim basis under the terms of this Agreement.
2.POSITION AND DUTIES. RETIREE has been appointed by the Mayor and City Council as Interim Director of Public Works, Operations and Maintenance (U) of the CITY on an interim basis to perform, on a basis set forth in Paragraph 4 below, the duties and functions pertaining to the Interim Director of Public Works, Operations and Maintenance (U) position, and to perform other legally permissible duties and such functions as the City Manager shall from time-
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to-time assign. The City Manager shall have the authority to determine the specific duties and functions which RETIREE shall perform under this Agreement and the means and manner by which RETIREE shall perform those duties and functions. RETIREE agrees to devote his business time, skill, attention, and best efforts to the discharge of the duties and functions of the Interim Director of Public Works, Operations and Maintenance (U) position and any other duties assigned to his by the City Manager.
3.TERM, TERMINATION AND AT-WILL STATUS. This Agreement shall become effective upon the date executed both by RETIREE and the City Manager, which date shall be the date first referenced above. RETIREE shall commence the performance of his duties under this Agreement on December 7, 2023, or at such later date as the parties hereto shall agree in writing (“Commencement Date”). This Agreement shall expire as of the first of the following to occur: (i) upon the employment commencement date of a permanent Director of Public Works, Operations and Maintenance (U); (ii) upon RETIREE working 960 hours combined for any CalPERS Agencies during fiscal year 2023-2024 or 960 hours in any subsequent fiscal year; or (iii) upon termination of the Agreement by either RETIREE or CITY as provided below.
RETIREE acknowledges that he is an at-will, temporary employee of the CITY who shall serve at the pleasure of the City Manager at all times during the period of his service hereunder and shall be subject to termination by the City Manager at any time without advance notice and without cause. The terms of CITY’s personnel rules, policies, regulations, procedures, ordinances, and resolutions regarding City administrative personnel (collectively “Personnel Policies”), as they may be amended or supplemented from time to time, shall not apply to RETIREE, and nothing in this Agreement is intended to, or does, confer upon RETIREE any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Manager to terminate his employment. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of RETIREE and nothing in this Agreement shall prevent, limit or otherwise interfere with the right of RETIREE to resign at any time from his position with CITY.
4.COMPENSATION. The CITY agrees to provide the following compensation to RETIREE for the services of Interim Director of Public Works, Operations and Maintenance (U):
Beginning as of the Commencement Date, CITY agrees to pay to RETIREE for services rendered under this Agreement, $106.36 per hour consistent with the payrate established for the Director of Public Works, Operations and Maintenance (U) position as listed in the CITY’s publicly available pay schedule. The RETIREE shall not be entitled to any additional compensation. The City shall not pay for vacation or holidays, nor shall RETIREE be entitled to any fringe benefits.
5.SUPPORT SERVICES AND EQUIPMENT. RETIREE shall be provided office space and the equipment needed to perform his duties and sufficient to fulfill obligations under this Agreement, as determined by the City Manager, at no cost to RETIREE. In accordance with Government Code Section 21221(h), personal use of such equipment is not permitted.
6.EXPENSES. CITY shall reimburse RETIREE for authorized, reasonable and necessary travel expenses incurred by RETIREE in the performance of his duties pursuant to this Agreement. RETIREE shall document and claim said reimbursement for such travel in the manner and forms required by the CITY. All reimbursements shall be for actual expenses and shall be subject to and in accordance with California and federal law and CITY’s adopted reimbursement policies. Other than as specifically provided herein, RETIREE shall receive no other compensation or reimbursements for expenses incurred by his in performance of this Agreement.
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7.PROPRIETARY INFORMATION. “Proprietary Information” is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his or her employment or otherwise produced or acquired by or on behalf of City. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of CITY’S organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” During his employment by CITY, RETIREE shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is, or may be, necessary to perform his job responsibilities under this Agreement. Following termination, RETIREE shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. RETIREE’S obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.
8.NON-ASSIGNMENT OF AGREEMENT. This Agreement is intended to secure the individual services of the RETIREE and is not assignable or transferable by RETIREE to any third party.
9.GOVERNING LAW/VENUE. This Agreement shall be interpreted according to the laws of the State of California. Venue for any action or proceeding regarding this contract shall be in San Bernardino County.
10.ENFORCEABILITY. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
11.CONFLICT OF INTEREST. RETIREE agrees that during the term of this Agreement, he will not maintain any financial interest or engage in any other contract employment, occupation, work, endeavor or association, whether compensated or not, that would in any way conflict with, or impair RETIREE’S ability to perform the duties described in this Agreement. Any work performed for the CITY outside the terms of this Agreement must be approved in advance in writing by the City Manager. RETIREE agrees to disclose whether he is performing work for any other CalPERS public agency employer during the term of this Agreement.
12.NOTICE. Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified or by delivery of same to the custody of the United States Postal Service, or its lawful successor, postage prepared and addressed as follows:
CITY
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Attention: City Manager
RETIREE
ADDRESS ON FILE
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13.HOURS OF WORK. RETIREE shall devote the time necessary to adequately perform his duties as Interim Director of Public Works, Operations and Maintenance (U) on an interim basis. The parties anticipate that RETIREE will work a sufficient number of hours per week allocated between regular business hours and hours outside of regular business hours as the City Manager may direct. However, in no event shall RETIREE be required to work in excess of 960 hours in fiscal year 2023-2024 and 960 hours per each subsequent fiscal year for CITY, including hours worked for other CalPERS Agencies during such fiscal years.
It is the intent of the parties to compensate RETIREE only to the extent permitted under the Statutes and corresponding CalPERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by CalPERS in accordance with Section 21221(h) which provides that the Rate of Pay shall be no less than the minimum or greater than the maximum hourly rate for the Director of Public Works, Operations and Maintenance (U) position as listed on the CITY’s publicly available pay schedule.
RETIREE will comply with all applicable CalPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for CITY to CalPERS as may be required. CITY shall assist in any such reporting obligations to CalPERS.
Additionally, RETIREE shall keep CITY continually apprised of any hours worked by RETIREE for other CalPERS Agencies during the term of this Agreement.
14.WAIVER. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
15.INDEMNIFICATION. In accordance with and subject to the limitations of the California Government Claims Act and California Labor Code, the CITY shall defend, save harmless and indemnify RETIREE against any tort, professional liability, claim or demand or other legal action, arising out of an alleged act or omission occurring in the performance of RETIREE’s services as Interim Director of Public Works, Operations and Maintenance (U) on an interim basis, except that this provision shall not apply with respect to any intentional tort or crime committee by RETIREE, or any actions outside the course and scope of his employment as Interim Director of Public Works, Operations and Maintenance (U) on an interim basis.
16.NO PRESUMPTION OF DRAFTER. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties, and this Agreement reflects their mutual agreement regarding the subject matter of this Agreement.
Because of the nature of such negotiations and discussions, it would be inappropriate to deem any Party to be the drafter of this Agreement and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.
17.ASSISTANCE OF COUNSEL. Each party to this Agreement warrants to the other party that the party has either had the assistance of counsel in negotiation for, and preparation of, this Agreement or could have had such assistance and voluntarily declined to obtain such assistance.
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18.ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement of the parties considering the subject matter hereof and all prior agreements or understanding, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed, and acknowledged by both of the parties thereto. If any portion or provision hereof is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable and shall be effective and shall remain in full force and effect.
CITY OF SAN BERNARDINO
By: _______________________________ Date: _______________________________ Charles A. Montoya, City Manager
RETIREE
By: _______________________________ Date: _______________________________ Lynn C. Merrill
Approved as to Form:
By: _______________________________ Date: _______________________________ City Attorney
City of San Bernardino
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Mary Lanier, Director of Community, Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Extending the City’s Deadline to Establish an Online Permitting System for Post-entitlement Phase Permits
in Accordance with State Law (All Wards)
Recommendation:
Adopt Resolution No. 2023-190 of the Mayor and City Council of the City of San Bernardino, California, extending the deadline to establish an online permitting system for post-entitlement phase permits under California Government Code Section 65913.3.5 (Assembly Bill 2234).
Executive Summary
Recent legislation through Assembly Bill 2234 includes provisions for cities to provide an online permitting system for post-entitlement permits, including building permits, demolition, and grading permits by January 1, 2024. The City’s permitting software does provide for online permits and therefore the City cannot implement online services by the January 1 st deadline. Therefore, the City is proposing to extend the establishment of the online system to January 1, 2026.
To qualify for this extension, the City must either have financial constraints or have engaged a consultant to implement an online system.
The City has engaged a consultant, Client First, to study the City’s departments and permitting needs with the next step to solicit proposals for permitting software firms to implement a full services system that will include an online permitting component. This effort qualifies the City for the extension.
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Background
California Assembly Bill 2234 (“AB 2234”) took effect on January 1, 2023. AB 2234 added sections 65913.3 and 65913.3.5 to the Government Code and, most notably, extends elements similar to those of the Permit Streamlining Act to a local agency’s review of ministerial “post-entitlement phase permit” applications for housing development projects.
Under AB 2234, post-entitlement phase permits are all nondiscretionary permits and reviews filed after the entitlement process has been completed that are required or issued by the local agency to begin construction of a development that will be at least two-thirds residential. Examples of post-entitlement phase permits include but are not limited to: (i) building permits; (ii) permits of minor or standard off-site improvements; (iii) permits for demolition; or (iv) permits for minor or standard excavation and grading.
AB 2234 imposes numerous requirements on a local agency’s review and processing of a post-entitlement phase permit application, including: (1) posting application checklists and examples online; (2) time limits to determine whether an application is complete; (3) time limits to approve or deny an application; (4) providing an applicant with the right to appeal the local agency’s decision; and (5) implementing an online permitting system.
This item before the City Council this evening concerns item (5) above, AB 2234’s online permitting system requirement.
Discussion
Among other things, AB 2234 requires local agencies that are located in counties with a population of 250,000 or greater to implement an online permitting system that allows applicants to apply for, check the status of, complete, and retrieve post-entitlement phase permits. Local agencies in counties with a population of less than 250,000 are exempt from this online permitting system requirement.
For local agencies in counties with a population of 250,000 or greater, the deadline to comply with AB 2234’s online permitting system requirement is: (i) January 1, 2024, if the local agency has a population of 75,000 or greater or is located in a county with a population of 1.1 million or greater; or (ii) January 1, 2028, for all local agencies not covered by (1). The City of San Bernardino is subject to the January 1, 2024, deadline because its population is greater than 75,000, and it is located in San Bernardino County with a population exceeding 1.1 million people.
AB 2234 authorizes any local agency subject to the January 1, 2024 deadline to give itself an extension of up to two years (i.e., to January 1, 2026) if its legislative body does both of the following before January 1, 2024: (1) makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees; and (2) has initiated a procurement process for the purpose of complying with the online permitting system requirement.
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Implementing an online permitting system by the January 1, 2024, deadline would present several financial and logistical burdens for the City that, in turn, would require a substantial increase in permitting fees. These include the fact that the City has limited staff resources and will need to contract to implement an online permitting system. On May 4, 2022, the City engaged Client First, through its procurement process to evaluate its permitting systems and department needs, including creating an online permitting system. The next step is to solicit proposals from software firms to implement a permitting system. The timeframe is approximately twenty-four months.
The resolution attached as Attachment 1 makes the requisite findings and, if adopted by the City Council, will extend the City’s deadline to comply with AB 2234’s online permitting system requirement to January 1, 2026. As required by AB 2234, the resolution also includes direction to staff to continue the procurement process necessary to comply with this requirement. This process will be conducted in accordance with state law and the City’s applicable procurement policies.
For the reasons provided above, the staff recommends that the City Council adopt the attached resolution.
Environmental Impact
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines, adopting the resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
2021-2025 Strategic Targets and Goals
Adopting Resolution No. 2023-190 to extend the City’s deadline aligns with Mayor and City Council Strategic Target No. 1: Economic Growth & Development. The City having more time to properly implement an online permitting process will facilitate economic growth and development as permit reviews will become more streamlined and efficient.
Fiscal Impact
There is no fiscal impact to the General Fund with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-190 of the Mayor and City Council of the City of San Bernardino, California, extending the deadline to establish an online permitting system for post-entitlement phase permits under California Government Code Section 65913.3.5 (Assembly Bill 2234).
Attachments
Attachment 1 Resolution No. 2023-190
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Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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RESOLUTION NO. 2023-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA EXTENDING THE DEADLINE TO
ESTABLISH AN ONLINE PERMITTING SYSTEM FOR POST-
ENTITLEMENT PHASE PERMITS UNDER CALIFORNIA
GOVERNMENT CODE SECTION 65913.3.5 (AB 2234)
WHEREAS, California Assembly Bill 2234 (“AB 2234”) added sections 65913.3 and 65913.3.5 to the Government Code and took effect on January 1, 2023; and WHEREAS, AB 2234 extends elements similar to those of the Permit Streamlining Act to a local agency’s review of ministerial “post-entitlement phase permit” applications for housing development projects; and
WHEREAS, under AB 2234, a “post-entitlement phase permit” includes all nondiscretionary permits and reviews that are required or issued by the local agency after the entitlement process has been completed to begin construction of a development that is intended to be at least two-thirds residential. Examples include, among other things, building permits, demolition permits, and permits for minor or standard excavation and grading; and
WHEREAS, in addition to above, AB 2234 requires local agencies that are located in counties with a population of 250,000 or greater to implement an online permitting system that allows applicants to apply for, check the status of, complete, and retrieve post-entitlement phase permits (local agencies in counties with a population of less than 250,000 are exempt from this online permitting system requirement); and WHEREAS, for local agencies in counties with a population or 250,000 or greater, the deadline to comply with AB 2234’s online permitting system requirement is: (1) January 1, 2024, if the local agency has a population of 75,000 or greater or is located in a county with a population of 1.1 million or greater; or (2) January 1, 2028 for all local agencies not covered by (1); and
WHEREAS, the City of San Bernardino (“City”) is subject to the January 1, 2024 deadline because it has a population greater than 75,000 and it is located in San Bernardino County which has a population greater than 1.1 million people; and WHEREAS, any local agency subject to the January 1, 2024 deadline may give itself an extension of up to two years (i.e., to January 1, 2026) if its legislative body does both of the following before January 1, 2024: (1) makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees; and (2) has initiated a procurement process for the purpose of complying with the online permitting system requirement; and
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WHEREAS, the City desires to extend its deadline to comply with AB 2234’s online permitting system requirement to January 1, 2026; and WHEREAS, the City already executed a contract with Client First on May 4, 2022, to evaluate the department's permitting needs and to assist with soliciting software firms to create an online permitting system, which was completed through an open procurement process.
NOW, THEREFORE, the City Council of the City of San Bernardino does hereby resolve as follows:
SECTION 1.Recitals. The City Council hereby finds and determines that the recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. The City Council hereby finds that the adoption of this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 3. AB 2234 Findings; Direction to Staff. In accordance with Government Code section 65913.3.5(a)(2)(A)-(B):
1.Substantial Increase in Permitting Fees. The City Council hereby finds that implementing an online permitting system by January 1, 2024 would require substantial increases in the City’s permitting fees because the City has limited staff resources and will need to contract for implementing an online permitting system.
2.Initiation/Continuation of Procurement Process. The City Council hereby directs staff to initiate and/or continue with the procurement process necessary to comply with AB 2234’s online permitting system requirements. Such process shall be in accordance with state law and the City’s applicable procurement policies.
SECTION 4. Extension. The City Council hereby elects to extend its deadline to implement an online permitting system to January 1, 2026.
SECTION 5. Effective Date. This resolution shall become effective immediately upon its adoption.
SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
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SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
APPROVED AND ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of December, 2023.
_________________________________
Helen Tran, Mayor
City of San Bernardino
ATTEST
_________________________________
Genoveva Rocha, CMC, City Clerk
APPROVED AS TO FORM
_________________________________
Sonia Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-190, adopted at a regular meeting held on the 6 th day of December 2023 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 December 2023.
Genoveva Rocha, CMC, City Clerk
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SPECIAL CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney;
Charles A. Montoya, City Manager
Department: City Attorney's Office and City Manager’s Office Subject: Closed Session
Recommendation:
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) AND (D)(1):
i. Deshawn M. Wright v. City of San Bernardino, United States District Court Case No. 5:22-CV-00132 CAS (JCx)
B) CONFERENCE WITH LEGAL COUNSEL-SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE 54956.9 (D)(2)
(TWO CASES)
Packet Page. 1044