Cities Index.
Agenda packet

Mayor and City Council
April 17, 2024

Document
Agenda packet
Meeting
April 17, 2024
Body
Mayor and City Council
Pages
33
Original file
70.7 MB
Text extracted from the city's file for reading and search. Open the original on sanbernardino.primegov.com. That file is the official record.

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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, s afe 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 2023-2024, the City will support:
• Service providers can provide street outreach, rapid re-housing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. • The improvement of streets that align the City’s Capital Improvement Projects with the greatest impact on the neighborhoods.
• The efforts of HACSB provide 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 provide 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's 10-Year Strategy to End Homelessness. • Street reconstruction improvements, sidewalk replacement, and Americans with Disabilities Act improvements.
• Further, the development of the HOPE Campus to assist homeless or at -risk for homeless individuals and families.

The CoC’s coordinated entry system, 2-1-1 San Bernardino County provides persons who are at imminent risk of becoming homeless with problem -solving support to retain current 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

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of housing and social services to low - and moderate-income San Bernardino residents. This continued collaboration will allow the City to coordinate its activities by not duplicating efforts for maximum benefits. 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 pe ople 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 busin ess. Through the City’s partnership with the “Emprendedoras” program, the City will cross -promote the services available through Workforce Development.

The City has prioritized HOME-ARP funds and CDBG funds for the development of the HOPE Campus to assist homeless or at-risk for homeless individuals and families.

Discussion:

The implementation of the FY 2023-2024 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead -based paint hazards, and 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.

HOPE Description:

The City planning for the development of HOPE Center, a 200 -bed, low-barrier, non-congregate campus to help homeless men, women & families. The campus will be pet friendly and provide onsite supportive services to include mental health, substance abuse counseling, and job training/placement. The city owns a 2.48-acre property that will be adaptively reused and converted for a non-congregate homeless shelter that will include space for needed homeless and homeless prevention services. The City intends to

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competitively bid through an RFP process for the project’s design planning and engineering, and construction. The City also intends to interview area social services and shelter operators to find a qualified operator for the shelter. The Navigation Center will include space for a variety of operation al needs and needed services:
• Identification documentation, mailbox, storage locker, and pet kennel area income stabilization guidance
• Job training/placement workstation and training area
• Office space for mental health services, substance abuse recovery, case management, and housing navigation.

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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 202 3-2024 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 benefits for the CDBG program , and recapture requirements for the HOME program. The years 2021, 2022, and 2023 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%

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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 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 the 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 s, 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 the 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 the 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 am ount of the HOME Subsidy to be recovered by the City shall equal 20 percent:
c. (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.
d. In no event shall City’s recovery exceed the amount of the Net Proceeds. e. 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. f. In its homeownership and single -family rehabilitation programs the City utilizes the

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

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

Beginning from project completion 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 eligi ble 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 rene wal periods with applicants expire and new NOFAs and RPS are released.

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

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

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

The Continuum of Care 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 confidenti al 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 ne eded, 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 https://inlandsocaluw.org/211.

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 is available to private nonprofit organizations (including community and faith-based organizations).

The City of San Bernardino will competitively procure 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.

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 proj ects 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

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are also considered.

Based on this review, the Community and Economic Development Department staff prepare general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2023-2024 Draft Annual Action Plan. The City Council approves 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, in 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 ensure 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 the activities related to the 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 ensure the funding of homeless projects and 10-Year Strategy recommendations.

As the oversight board of the CoC, the ICH's 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 recip ients 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

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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 the 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 sub -recipient 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 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 s are required to conduct an initial evaluation to determine the eligibility of each individual or family eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing.

In alignment with the federal and state strategic plans to end homelessness, the City has established performance measures that require the collection of housing status data at the time of program exit and six months after program exit. Sub-Recipients are required to report on two measures:
• Increased housing stability as measured by the percentage of total program participants served who reside in permanent housing at the time of exit from the program; and • Increased housing stability as measured by the percentage of program participants who at program exit reside in permanent housing and maintain permanent housing for six months from the time of exit.

Both measurements should be entered into the HMIS. Preliminary performance benchmarks have been set at 30% for all program participants who exit to permanent housing and 80% for those exiting to permanent housing that remain in permanent housing at a six-month follow-up. These outcome

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measurements will be in addition to reporting of required universal data elements that track client characteristics and service data.

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Attachments

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City of San Bernardino
2023-2024 Annual Action Plan
Approved , 2024
CDBG Substantial Amendment
To Be Approved: April 17, 2024

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Table of Contents
Executive Summary ......................................................................................................................................3 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................3 PR-05 Lead & Responsible Agencies – 91.200(b)......................................................................................8 AP-10 Consultation – 91.100, 91.200(b), 91.215(l).................................................................................10 AP-12 Participation – 91.105, 91.200(c) .................................................................................................17 Expected Resources....................................................................................................................................22 AP-15 Expected Resources – 91.220(c)(1,2) ...........................................................................................22 Annual Goals and Objectives ......................................................................................................................28 Projects...................................................................................................................................................31 AP-35 Projects – 91.220(d) .....................................................................................................................31 AP-38 Project Summary..........................................................................................................................32 AP-50 Geographic Distribution – 91.220(f).............................................................................................39 Affordable Housing.....................................................................................................................................40 AP-55 Affordable Housing – 91.220(g) ...................................................................................................40 AP-60 Public Housing – 91.220(h) ..........................................................................................................43 AP-65 Homeless and Other Special Needs Activities – 91.220(i)............................................................44 AP-75 Barriers to affordable housing – 91.220(j) ...................................................................................47 AP-85 Other Actions – 91.220(k) ............................................................................................................50 Program Specific Requirements .................................................................................................................53

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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 (City), specifically the 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 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 for 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) •Joblessness/job creation

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Priorities Objectives/Goals
The following goals outlined in the Consolidated Plan and to be implemented during the FY 23-24 Annual Action Plan are listed below:

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 six (6) 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. Fund projects to comprehensively improve, the safety, accessibility, and quality of life in low-income and the surrounding neighborhoods by completing street surface reconstruction including sidewalks, curbs, and gutters while removing Americans with Disabilities Act (ADA) barriers.

Summary of some of the findings used to determine priority need:
•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 Point-In-Time Count (PITC) data have indicated a need to support programs that serve people experiencing homelessness. The 2022 PITs count for the City is 1,350 which accounts for 40.5% 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 City utilizes 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 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

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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 (5) owner-occupied Housing Rehabilitation projects.

Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In FY 22-23, the City completed the construction of 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 the 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 22-23, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community 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 22-23, the City completed the following street improvements in March 2023: 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 to Mill Street) (Ward 3); and Davidson Avenue (Baseline to 14th) (Ward-6). The City initiated Citywide Pavement rehabilitation for 3 locations; 10th Street between F Street and G Street, 49th Street between Sepulveda Avenue to the end, and Rialto Avenue from Mt. Vernon and Muscott. The completion is expected in January 2024.

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.

Provide rental assistance and preserve existing affordable rental housing - In FY 22-23, 226 unit files were monitored, and the City expects 167 units to be physically inspected to ensure units remained affordable and habitable.

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Expand the affordable housing inventory through new construction - In FY 22-23, the third phase of construction was completed on the site of the former Waterman Gardens Public Housing community (now called Crestview Terrace), and is fully leased, and provided 184 one-, two-, and three–bedroom, affordable units to individuals and families earning below 30, 50, and 60 percent of the area median income.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

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 an opportunity for public comment is provided. The first public hearing for the draft FY 23-24 Annual Action Plan to City Council was held on May 3, 2023. The draft plan was available for public review between May 19, 2023, and June 20, 2023, on the City's website, the Community, Housing, and Economic Development Department, the City’s Clerk Office, and Feldheym Central Library. The public review period for the Draft 2023-2024 Action Plan was published in The San Bernardino Sun (English), and El Chicano (Spanish).

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

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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6. Summary of comments or views not accepted and the reasons for not accepting them All comments or views were accepted by the City.

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.

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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 SAN BERNARDINO
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:

Mrs. Cassandra Searcy

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Deputy Director Housing & Homelessness
201 N. E Street, 3rd Floor
San Bernardino, CA 92418
(909) 384-7270
[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 its 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.

On April 17, 2024 the City Council amended this Annual Action Plan, through a substantial amendment, to move approximately $1,080,158 from the FY 2023-24 Street Improvement Project to the FY 2020-2021 Nicholson Neighborhood Park Project. A notice was published on March 13, 2024 along with a correction notice published on April 4, 2024 in Spanish newspaper and 5 in English newspaper.

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 the 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 neighborhood). The City is also working in partnership with National CORE, an Inland Empire Community Housing Development Organization (CDHO), and HACSB 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 partner with the City to build new single- family, ownership housing on vacant and blighted lots throughout the city, to increase homeownership among households at and below 80% of the 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 case management services for 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 loan for the construction of Arrowhead Grove Phase 3, which resulted in the construction of a 184 mixed- income development, with 147 units reserved for low-income households. The City has been consulting with the HACSB and the Community Development and Housing Agency of the County of San Bernardino concerning lead-based paint hazards as it relates to the rehabilitation of owner- occupied single-family homes. The City has also consulted with HUD’s environmental office

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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; igniting Upward Mobility in the community; convening leadership work groups to change systems & policies; effectively inspiring community voice & engagement to inform better decisions & increase access to opportunities, especially for youth; create a 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 need 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 policy-making bodies, advisory groups of faith-based and non-profit housing organizations, collaborative organizations 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. Sandra Ibarra represents the City on the board of the Interagency Council on Homelessness. The City’s Police Department supports and participates in the Point-in-Time (PIT) Homeless County. The Community & Economic Department requires its ESG sub-recipients 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 people at risk of homelessness. Lastly, the City funds organizations through the ESG programs that provide street outreach, emergency shelter, homeless prevention services, rapid rehousing, and HMIS.

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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 training in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, concerning 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 help evaluate 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 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
1 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.

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
2 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.

Agency/Group/Organization Lutheran Social Services of 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
3 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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Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type PHA
Other government - County
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
4 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.

Agency/Group/Organization City of San Bernardino - Housing Agency/Group/Organization Type Other government - Local 5 What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Non-Homeless Special Needs
Economic Development
Lead-based Paint Strategy
Hazard Mitigation

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Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
e 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 (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 and organizations engaged in narrowing the digital divide) in the development of its plan.
6 Agency/Group/Organization City Council
Agency/Group/Organization Type City government
What section of the Plan was addressed by
Consultation?
AP-10 Consultation, AP-15 Expected Resources and AP-20, AP-35 and AP-38 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
On April 17, 2024 the City Council amended this Annual Action Plan, through a substantial amendment, to move approximately $1,080,158 from the FY 2023-24 Street Improvement Project to the FY 2020-2021 Nicholson Neighborhood Park Project. A notice was published on March 13, 2024 along with a correction notice published on April 4, 2024 in Spanish newspaper and 5 in English newspaper. 7 Agency/Group/Organization Public Notice Publication
Agency/Group/Organization Type City Government
What section of the Plan was addressed by
Consultation?
AP-10 Consultations

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Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Public Participation notice publication for a Substantial Amendments Identify any Agency Types not consulted and provide rationale for not consulting 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 2021-
2029 Housing Element
City of San Bernardino Department of
Community Development
Potential funding allocations to address housing needs that will complement the 2021-2029 Housing Element
Housing Authority of the County
of San Bernardino
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)

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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 notice for public hearings and provided a 30-day public review of the FY 2023-2024 Annual Action Plan in El Chicano and The San Bernardino Sun. The report was also made available at the City’s Clerk Office, 201 N. E. Street, Bldg. A, San Bernardino, CA 92401, the Department of Community and Economic Development, 201 N. E. Street, 3rd Floor, San Bernardino, CA 92401, the Feldheym Central Library, 555 W. 6th St, San Bernardino, CA 92410, and on the City’s website at the Community and Economic Development Department.

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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

Non-
targeted/broad
community

Residents of
Public and
Assisted Housing

Low Income
Persons
Public Notices
were published on
March 30, 2023
and April 10, 2023.

No responses
were received. N/A
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

Non-
targeted/broad
community

Residents of
Public and
Assisted Housing
Members of the
public attended
May 3, 2023,
Public Hearing
General
comments from
the public :1.

Recomm
endation for the
possible use of
4th Street
buildings for
homeless
servicesCouncil
Comments:1.

Fence for
Casa Ramona
property is not
an eligible
activity, not
providing public
service 2.

Public
Works will
provide a
presentation to
Council for
Capital
Improvement
Projects
N/A 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 Newspaper Ad
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community

Residents of
Public and
Assisted Housing
Public Notices
were published on
May 18, 2023
No responses
were received. N/A
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)
4 Public Hearing
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community

Residents of
Public and
Assisted Housing
Members of the
public attended
the June 21, 2023,
Public Hearing.

Need for
extreme weather
shelter, rent
protection, at-
risk youth, and
assistance for
homelessness
with rapid
rehousing.

Council
requested an
update on
Section 108, the
need for street
improvement,
and ensuring
organizations
within the City
are contacted for
future funding.

N/A www.sbcity.org/housing
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 accordingly and prepare the Annual Action Plans reflective of the funding reality.

On April 17, 2024 the City Council amended this Annual Action Plan, through a substantial amendment, to move approximately $1,080,158 from the FY 2023-24 Street Improvement Project to the FY 2020-2021 Nicholson Neighborhood Park Project. A notice was published on March 13, 2024 along with a correction notice published on April 4, 2024 in Spanish newspaper and 5 in English newspaper.

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Anticipated Resources
Expected Amount Available Year 1Program Source
of
Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
2,942,853 0 1,627,000 4,569,853 2,950,000
Amounts represent the annual CDBG
allocation based on the FY 2023-24
program year. This funding will be
invested in the preservation of
affordable housing units, public
improvement facilities, and the Section
108 Program.

A substantial amendment approved
4/17/24 added FY2023-24 funds
$1,080,158 to a FY2020-21 Nicholas
Neighborhood Park project.

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Expected Amount Available Year 1Program Source
of
Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction for
ownership
TBRA 1,460,936 0 0 1,460,936 1,450,000
Amounts represent the annual HOME
allocation based on the FY 2023-24
program year. This funding year is the
fourth year of the 5-Year Consolidated
Plan. This funding will be invested in the
development and/or rehabilitation of
single-family and/or multi-family rental
housing, and Infill Housing Program
(homeownership))

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Expected Amount Available Year 1Program Source
of
Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
ESG public -
federal
Conversion and
rehab for
transitional
housing
Financial
Assistance
Overnight
shelter
Rapid re-housing
(rental
assistance)
Rental
Assistance
Services
Transitional
housing 273,557 0 0 273,557 273,000
ESG monies will fund subrecipients to
assist people experiencing homelessness
with Emergency Shelter (ES), HMIS,
Motel Vouchers, Rapid Re-Housing,
Rental Assistance, and Homelessness
Prevention (HP).

Other public -
federal
Admin and
Planning
Overnight
shelter
Rapid re-housing
(rental
assistance)
Other 0 0 0 0 0

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Expected Amount Available Year 1Program Source
of
Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Other public -
federal
Admin and
Planning
Public
Improvements
Other 0 0 0 0 0

Other public -
federal
Public
Improvements
Rental
Assistance
Services
Other 0 0 0 0 0

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

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If appropriate, describe publically 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 Preserve and
Rehabilitate
Housing
2020 2025 Affordable
Housing
CityWide Preserve and
Rehabilitate
Housing
HOME:
$200,000
Homeowner Housing
Rehabilitated: 20 Household
Housing Unit
2 Provide Homeless
and Homeless
Prevention Services
2020 2025 Homeless CityWide Provide Homeless
and Homeless
Prevention Services
ESG:
$253,040
Homelessness Prevention: 600
Persons Assisted
3 New Affordable
Rental Housing
2020 2025 Affordable
Housing
CityWide Expand Home
Ownership
HOME:
$1,314,842
Homeowner Housing Added: 3
Household Housing Unit
4 Promote Economic
Development
2020 2025 Economic
Development
CityWide
LMI Areas
of the City
New Affordable
Rental Housing
CDBG:
$782,760
Jobs created/retained: 214
Jobs
Businesses assisted: 20
Businesses Assisted
5 Improve Facilities
and Infrastructure
2020 2025 Non-Housing
Community
Development
CityWide Improve Facilities
and Infrastructure
CDBG:
$2,780,158
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 Fair Housing 2020 2025 Non-Housing
Community
Development
CityWide Fair Housing CDBG:
$278,365
Public service activities other
than Low/Moderate Income
Housing Benefit: 2700 Persons
Assisted
7 Planning and
Administration
2020 2025 Program
administration
funds
CityWide Planning and
Administration
CDBG:
$588,570
HOME:
$146,094
ESG:
$20,517
Other: 1 Other
Table 6 – Goals Summary
Goal Descriptions
Goal Name Preserve and Rehabilitate Housing1
Goal
Description
To provide funding for homeowner-occupied and rental housing rehabilitation.

Goal Name Provide Homeless and Homeless Prevention Services2 Goal
Description
Provide funding to assist homeless individuals and those with special needs with supportive services. Includes funding to prepare for, prevent and respond to COVID through emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs.

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Goal Name New Affordable Rental Housing3
Goal
Description
Provide funding for new affordable rental housing (new construction or rehabilitation) and affordable rental housing with supportive services for homeless individuals and veterans.

Goal Name Promote Economic Development4
Goal
Description
Create new affordable rental units
Goal Name Improve Facilities and Infrastructure5
Goal
Description
Provide funding to improve public facilities and infrastructure, including parks, community centers, and sidewalks.

Goal Name Fair Housing6
Goal
Description
Eliminate identified impediments to fair housing through education, enforcement, and testing. Assist 2,700 households.

Goal Name Planning and Administration7
Goal
Description
Compliance with all HUD Consolidated Plan and CDBG, HOME, and ESG program regulations is a requirement for participation in this program.

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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 Loan Repayment
2 FY23/24 CDBG Administration
3 FY23/24 Asociacion de Emprendedor@s
4 CDBG FY23/24 Nehemiah Charitable Fund
5 FY23/24 Neighborhood Housing Services of Inland Empire (NHSIE) 6 FY22/23 Street Improvement Project
7 HOPE Campus Phase I
8 FY23/24 Inland Fair Housing Mediation Board (IFHMB)
9 FY23/24 Affordable Housing Projects
10 FY23/24 HESG Activities
11 Previous HOME Affordable Housing Projects
12 FY23/24 HOME Administration
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs

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AP-38 Project Summary
Project Summary Information

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Project Name Section 108 Loan Repayment
Target Area CityWide
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $782,760
Description Section 108 Loan Repayment Program in order to pursue physical and economic revitalization that will provide jobs.

Target Date 6/30/2024
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. 1 Planned Activities The City has moved forward with the sale of the property and using a Section 108 loan for the repayment of the Arden Guthrie Project.

Project Name FY23/24 CDBG Administration
Target Area CityWide
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding CDBG: $588,570
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. Annually, the City will monitor its use of CDBG, HOME, and ESG funds to ensure effective and appropriate use of funds.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
N/A
2 Location Description Citywide

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Planned Activities Grant and Project Management.

Project Name FY23/24 Asociacion de Emprendedor@s
Target Area CityWide
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $35,000
Description Entrepreneurs and Micro-entrepreneurs in Minority LMI communities continue their education in Empowerment, Leadership, and Business Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
25 Individual business
Location Description Citywide
3 Planned Activities Small business workshops, meetings, and seminars are designed to help small business owner establish or grow their microenterprise.

Project Name CDBG FY23/24 Nehemiah Charitable Fund
Target Area CityWide
Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding CDBG: $15,000
Description Providing support to local nonprofits and residents of LMI areas.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
25 Individuals
Location Description Citywide
4 Planned Activities Providing support to local nonprofits and residents of LMI areas.

Project Name FY23/24 Neighborhood Housing Services of Inland Empire (NHSIE) Target Area LMI Areas of the City
5 Goals Supported Preserve and Rehabilitate Housing

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Needs Addressed Preserve and Rehabilitate Housing
Funding CDBG: $90,000
Description NHSIE is dedicated to creating homeownership opportunities, bridging the housing affordability gap, and building sustainable communities of choice
Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
200 Low-Moderate Income Individuals
Location Description Citywide
Planned Activities
Project Name FY22/23 Street Improvement Project
Target Area LMI Areas of the City
Goals Supported Improve Facilities and Infrastructure
Needs Addressed Improve Facilities and Infrastructure
Funding CDBG: $1,080,158
Description Sidewalk replacement and ADA accessibility improvements Target Date 6/30/2024
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.

Location Description The City has proposed to fund Citywide street reconstruction in Low- Moderate Areas.
6 Planned Activities Street improvements and ADA compliance.

Project Name HOPE Campus Phase I
Target Area CityWide
Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding CDBG: $1,901,365
7 Description Phase 1 to eventual Navigation Center (HOPE Campus) Homeless Outreach Prevention Education Campus.

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Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
An estimated 250 individuals
Location Description 796 E 6th Street, San Bernardino
Planned Activities Temporary emergency shelter space for households and individuals for Phase 1.

Project Name FY23/24 Inland Fair Housing Mediation Board (IFHMB) Target Area CityWide
Goals Supported Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $77,000
Description TO PROVIDE FAIR HOUSING SERVICES, TESTING, EDUCATION,

REFERRAL AND CONDUCT MEDIATION, AND DISPUTE RESOLUTION
BETWEEN LANDLORDS AND TENANTS.

Target Date 6/30/2024
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
8 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.

Project Name FY23/24 Affordable Housing Projects
Target Area CityWide
Goals Supported New Affordable Rental Housing
Needs Addressed New Affordable Rental Housing
9 Funding :

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Description Construction or rehabilitation of multifamily affordable housing Projects, the City is reviewing potential projects. Applicant incomes are to be at or below 80% of Area Median Income.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
Projects are under review.

Location Description Projects are under review.

Planned Activities Construction or rehabilitation of affordable rental projects.

Project Name FY23/24 HESG Activities
Target Area CityWide
Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding ESG: $273,557
Description ESG Allocation: $273,557 Provide funding for various Emergency Solutions Grant Program projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs.

Administrative costs will not exceed 7.5% of ESG allocation; street outreach/emergency shelter will not exceed 60%. All projects will be funded and it is recommended that Lutheran Social Services, Community Action Partnership , Family Services Association of Redlands, and Salvation Army receive increased amounts in order to fully expend ESG carryover.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities

Location Description Citywide
10 Planned Activities Provide planning and administration of HESG funding Project Name Previous HOME Affordable Housing Projects
Target Area CityWide
11 Goals Supported New Affordable Rental Housing

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Needs Addressed New Affordable Rental Housing
Funding HOME: $1,314,842
Description This activity line item represents the actual existing HOME projects worth $4,681,028 that are pending, underway and in the design phase funded with previous HOME program years.

Target Date 6/30/2025
Estimate the number
and type of families
that will benefit from
the proposed activities

Location Description
Planned Activities This activity line item represents the actual existing HOME projects pending, underway and in the design phase funded with previous HOME program years.

Project Name FY23/24 HOME Administration
Target Area CityWide
LMI Areas of the City
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding HOME: $146,094
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 HOME.

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

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
N/A
Location Description N/A
12 Planned Activities

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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 Geographic Distribution
Target Area Percentage of Funds
CityWide 30
LMI Areas of the City 70
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The funding available under the 2023-2024 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2023-2024 Action Plan, the City established priority needs based on an in-depth analysis of 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

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
As a reflection of the Housing Needs Assessment of the 2020-2025 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 3) Provide Assistance to Renter Households.

Preserve and Rehabilitate Housing
Approximately 64 percent of total housing units were built before 1980.⿯ Housing built before 1980 may present lead-based paint hazards requiring rehabilitation. 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 after-rehabilitation value.

Expand Home Ownership Opportunities
There is a need for affordable housing in San Bernardino. The most prevalent housing problem within the City is cost burden and overcrowded conditions. San Bernardino has a population of 220,821 persons and a total of 61,680 households. Nearly 59 percent of households in San Bernardino (36,355 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.⿯ The City’s housing market has increased over the past few years. In 2015, the median income in the City was $37,047 with a median home value of $159,800. In 2021, the median income in the City was $55,372, a 49 percent increase, with a median home value of $293,000, an 83 percent increase. Housing

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prices are outpacing incomes, which can cause most homeowners cost burden.

Based on the 2017-2021 ACS, the median income would be sufficient for a renter to afford $1,384 in housing costs per month, which includes rent and utilities, and not be cost-burdened.

One Year Goals for the Number of Households to be Supported Homeless 600
Non-Homeless 1,240
Special-Needs 0
Total 1,840
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 5
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 605
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
The table “One Year Goals for the Number of Households to be Supported” consists of 1,240 non- homeless households to be supported. New Infill Housing construction and affordable multi-family housing for 4-6 households citywide are planned (incomes will range from 50% to 80% of Area Median Income (AMI)).⿯
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 public housing communities, 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 the 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 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 to

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extend the terms of affordability.

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

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AP-60 Public Housing – 91.220(h)
Introduction
Actions planned during the next year to address the needs to public housing Actions to encourage public housing residents to become more involved in management and participate in homeownership
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
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 2022 Homeless PIT Count, there were 989 unsheltered homeless persons in the City. To address this issue, the City will allocate approximately $253,040 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 and get housing placement.⿯ The City is beginning Phase 1 of its Homeless Outreach Prevention Education Campus (HOPE Campus) to provide Emergency Shelter. This temporary emergency shelter will provide emergency shelter for the City’s homeless while construction of the campus is underway. HOPE Campus will feature non- congregate shelter units, laundry facilities, kitchen facilities, secure storage for personal items, and supportive services. The project is the recipient of HOME ARP funds.

Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSSC) to provide an emergency men’s shelter. LSSSC will provide 200 homeless persons in the City of San Bernadino with emergency shelter.

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 six beds for single females experiencing homelessness.⿯ The total residential capacity is 82

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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 to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local

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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. 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 to implement a “zero tolerance” plan that will prevent persons from being discharged into homelessness.

Discussion
Homeless Related Activities in the City include:

Homeless Outreach-The City has contracted with a 3rd party to provide citywide comprehensive outreach services. The outreach team will be made up of emergency crisis workers that can immediately assist with multiple family/individual crisis as they arise. The team will assist with case mgmt., motel vouchers, basic needs, medical and transportation.

HOPE Center-The City is developing a 200-bed, low-barrier, non-congregate campus to help homeless men, women & families. The campus will be pet friendly and provide onsite supportive services to include mental health, substance abuse counseling, and job training/placement.

Rolling over HOME ARP funds-Funding used to develop the Navigation Center 1 Homekey Projects
The City has committed $5 million in ARPA funds to Lutheran Social Services of Southern California (LSSSC) on a State of California Homekey Project to develop a 150-bed, non-congregated interim housing with supportive services.

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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. Before 2012, redevelopment activities and funding were the City’s primary tools for assisting with neighborhood revitalization efforts and the 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 an environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delays 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 developments are required to provide sidewalks 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 a 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 single- family 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. The 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, concerning 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 to further reduce barriers to affordable housing:

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.⿯ 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.

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.

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,

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and can be used in lieu of a CUP for certain qualified projects.

The City will update its General Plan. San Bernardino 2050 has prioritized housing. Homepage - Future San Bernardino 2050 (futuresb2050.com)
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 2023-2024, the City will continue to fund its Infill Housing Program and the Owner-Occupied Residential Rehabilitation Program (OORP).⿯ Housing Programs - City of San Bernardino (sbcity.org) 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 to create affordable housing for low- and moderate- income households.

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

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 affordable housing development, housing rehabilitation, job creation, publicâ facility/infrastructure improvements, and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. To leverage additional ongoing resources for housing and homeless services, the City will utilize Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development. In 2021 the City received approximately $1.6 million in PLHA funds and expects to receive approximately $7.8 million over the next four years.

The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for 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 2023-2024, the City will support:

Service providers can provide street outreach, rapid re-housing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families.

The improvement of streets that align the City’s Capital Improvement Projects with the greatest impact

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on the neighborhoods.

The efforts of HACSB provide 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 provide 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's 10-Year Strategy to End Homelessness.

Street reconstruction improvements, sidewalk replacement, and Americans with Disabilities Act improvements.

Further, the development of the HOPE Campus to assist homeless or at-risk for homeless individuals and families.

The CoC’s coordinated entry system, 2-1-1 San Bernardino County provides persons who are at imminent risk of becoming homeless with problem-solving support to retain current 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 continued collaboration will allow the City to coordinate its activities by not duplicating efforts for maximum benefits. 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

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placement services for people 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.

The City has prioritized HOME-ARP funds and CDBG funds for the development of the HOPE Campus to assist homeless or at-risk for homeless individuals and families.

Discussion:

The implementation of the FY 2023-2024 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, and 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.

HOPE Description:

The City planning for the development of HOPE Center, a 200-bed, low-barrier, non-congregate campus to help homeless men, women & families. The campus will be pet friendly and provide onsite supportive services to include mental health, substance abuse counseling, and job training/placement. The city owns a 2.48-acre property that will be adaptively reused and converted for a non-congregate homeless shelter that will include space for needed homeless and homeless prevention services. The City intends to competitively bid through an RFP process for the project’s design planning and engineering, and construction. The City also intends to interview area social services and shelter operators to find a qualified operator for the shelter. The Navigation Center will include space for a variety of operational needs and needed services:

Identification documentation, mailbox, storage locker, and pet kennel area income stabilization guidance
Job training/placement workstation and training area
Office space for mental health services, substance abuse recovery, case management, and housing navigation.

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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 2023-2024 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 benefits for the CDBG program, and recapture requirements for the HOME program.⿯ The years 2021, 2022, and 2023 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:

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

Beginning from project completion 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:

5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).

Not applicable

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6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)).

Not applicable

7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR

92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).

Not applicable
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 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 needed, 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 https://inlandsocaluw.org/211.

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

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private nonprofit organizations (including community and faith-based organizations).

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, in 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 ensure 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 the activities related to the 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 ensure the funding of homeless projects and 10-Year Strategy recommendations.

As the oversight board of the CoC, the ICH's 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 the geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and

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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 sub- recipient 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 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 Subrecipients are required to conduct an initial evaluation to determine the eligibility of each individual or family eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing.

In alignment with the federal and state strategic plans to end homelessness, the City has established performance measures that require the collection of housing status data at the time of program exit and six months after program exit. Sub-Recipients are required to report on two measures:
• Increased housing stability as measured by the percentage of total program participants served who reside in permanent housing at the time of exit from the program; and • Increased housing stability as measured by the percentage of program participants who at program exit reside in permanent housing and maintain permanent housing for six months from the time of exit.

Both measurements should be entered into the HMIS. Preliminary performance benchmarks have been set at 30% for all program participants who exit to permanent housing and 80% for those exiting to permanent housing that remain in permanent housing at a six-month follow-up. These outcome measurements will be in addition to reporting of required universal data elements that track client characteristics and service data.

No other topics to discuss

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Resolution No. 2024-075
Resolution 2024-075
April 17, 2024

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RESOLUTION NO. 2024-075

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
BUDGET TRANSFER FOR 2023-2024 FISCAL YEAR IN

ACCORDANCE WITH THE THIRD SUBSTANTIAL
AMENDMENT TO THE 2020-2021 ANNUAL ACTION PLAN
AND THE 2023-2024 ANNUAL ACTION PLAN.

WHEREAS, The US Department of Housing and Urban Development (HUD) enacted the CDBG program in 1974 under the Housing and Community Development Act or HCDA; and WHEREAS, the Community Development Block Grant (CDBG) with hopes to create a transformative impact in communities and improve the lives of all residents, especially those with low and moderate income levels; and
WHEREAS, in FY 2023-2024, The City received $2,942,853 in CDBG funds, of which $1,080,158 were allocated to Street Improvements and $665,000 to the Encanto Community Center project; and
WHEREAS, according to the approved Substantial Amendment to the FY 2023-2024 Annual Action Plan, the Director of Finance & Management Services will transfer $1,080,158 from the Street Improvements Project and $596,490.66 from the Encanto Community Center project to the Nicholson Park general ledger account; and WHEREAS, in response to COVID-19, HUD established the Coronavirus Aid, Relief and Economic Security Act (CARES Act), or CDBG-CV. The CARES Act modifies some CDBG program rules and authorizes the Secretary of HUD to grant waivers and alternative requirements to prevent, prepare for, and respond to Coronavirus; and WHEREAS, in FY 2020-2021 The City received $2,003,529 in the first round of CDBG- CV and $1,702,135 in the third round, of which $336,823 were allocated to the Modifications to Public Facilities project, $175,000 were allocated to the 5 th Street Senior Center Upgrade, and $515,000 were allocated to the Automatic Doors at Community Centers project; and WHEREAS, according to the approved Third Substantial Amendment to the 2020-2021 Annual Action Plan, the Director of Finance & Management Services will transfer $657,120.22 of funds remaining from these projects and previously unallocated funds to the Food Voucher program, the Food Bank Initiative, and a fund to administer these programs.

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. The Director of Finance & Management Services will transfer a total of $657,120.22 of CDBG-CV funds remaining from the Modifications to Public Facilities, 5th Street Senior Center Upgrade, and the Automatic Doors at Community Centers projects and previously unallocated funds to the newly established Food Voucher program and Food Bank Initiative and an Administration fund.

SECTION 3. the Director of Finance & Management Services will transfer $1,080,158 from the Street Improvements and $596,490.66 from the Encanto Community Center projects to the Nicholson Park project.

SECTION 4. Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the submittal of the Substantial Amendments to FY 2020-2021 and 2023-2024 Annual Action Plans SECTION 5.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 17th day of April 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

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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. 2024-075, adopted at a regular meeting held on the 17 th day of April 2024 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 ____________ 2024.

Genoveva Rocha, CMC, City Clerk

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Gabriel Elliott, Director of Community Development and
Housing
Department: Community Development and Housing
Subject: Conduct a Public Hearing and Introduce Ordinance No. MC-1636: Development Code Amendment 24-02
(Emergency Shelter Overlay)
Recommendation:

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

1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1636 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-02 amending the following Sections and table:
(i) Section 19.02.50 (Basic Provisions - Definitions).
(ii)Section 19.06.020;
(iii)Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses).
(iv)Section 19.08.020;
(v)Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses); and
(vi)Chapter 19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Emergency Shelters in compliance with state law; and finding that Development Code Amendment 24-02 is exempt from review under the California Environmental Quality Act; and

2. Conduct the Public Hearing; and

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3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on May 1st, 2024.

Executive Summary
Approval of Development Code Amendment 24-02 will amend the City’s Emergency Shelter Overlay (SBMC Title 19; Chapter 19.10-E) to comply with the current provisions of the state law for the development of emergency shelters.

Background
The Development Code (SBMC Title 19) is the primary mechanism by which the City implements the policies, goals, and objectives of both the General Plan and the Housing Element (an element of the General Plan). The Development Code achieves this by guiding development, on a lot-by-lot basis, throughout the city.

On December 6, 2010, the Mayor and City Council adopted Ordinance No. MC-1342, establishing the Chapter 19.10-ES (Emergency Shelter Overlay) of the City of San Bernardino Development Code to help regulate the development of Emergency Shelters within the City.

On September 28, 2022, the Governor signed Assembly Bill 2339 amending Government Code Section 65583 as it pertained to the development of emergency shelters. This bill became effective on January 1, 2023, rendering Chapter 19.10-ES (Emergency Shelter Overlay) of the City of San Bernardino Development Code inconsistent with state law.

As part of Housing and Community Development’s (HCD’s) October 2, 2023, letter regarding the City’s draft Housing Element, HCD noted that the provisions of the City’s Emergency Shelter Overlay constitute a constraint to the development of emergency shelters. The Stipulated Final Judgement and Order submitted in Gracia et al. v. City of San Bernardino states that the city will update the Emergency Shelter Overlay as required by statute and stipulation agreement. In the meantime, the City has issued an interdepartmental memo directing staff to conduct ministerial review of any application for an Emergency Shelter consistent with Government Code sections 65583(a)(4), and 65583.2(i). This Development Code Amendment 24-02 meets the requirements of state law.

Discussion
Emergency Shelters are currently permitted with the approval of a Conditional Use Permit (CUP) in the Commercial Regional (CR-2) zone and subject to an Administrative Development Permit (ADP) on specific parcels zoned Commercial Heavy (CH), Industrial Light (IL), and Office Industrial Park (OIP) identified in the Emergency Shelter Overlay.

Additionally, Emergency Shelters are subject to development standards established in the Emergency Shelter Overlay.

Assembly Bill No. 2339 requires jurisdictions to identify one or more zoning designations that specifically allow residential uses (including mixed uses) where emergency shelters, including at least one year-round emergency shelter, must be allowed as permitted use,

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by right. The City’s existing regulations do not meet this requirement as the parcels in the Emergency Shelter Overlay do not permit any other type of residential use. Additionally, sites in these zoning designations chosen for emergency shelters must be located near services for homeless persons, and a jurisdiction must have sufficient sites zoned appropriately to meet the need for shelters in the locality.

To determine the need for Emergency Shelters in the City, Staff referred to the 2023 Point-in-Time Count (PITC). The PITC provides a count of sheltered and unsheltered homeless persons in the City. Per the 2023 PITC, there were 1,502 homeless persons surveyed in the City of San Bernardino. Of that number, 1,017 persons were identified as unsheltered (e.g., living on the streets, in parks, abandoned buildings, or in their cars).

Based on the number of unsheltered persons (1,017) and the requirements in Government Code Section 65583, the city is required to dedicate 4.67 acres of undeveloped land to accommodate the unmet need for shelters. This land area is derived by multiplying 1,017 unsheltered persons by 200 square feet per person, which equals 203,400 square feet. At 43,560 square feet per acre, the total required area is 4.67 acres.

The zones where the City could allow Emergency Shelters consistent with the requirements of Government Code Section 655873(a)(4) include: the residential zones (RE, RL, RS, RU, RM, RMH, and RH) and the commercial zones (CO, CG-1, CG-2, CG-3, CR-1, CR-2, CR-3, and CCS-1), where residential uses (multiple-family and/or mixed-use w/ residential) are also permitted.

In considering the appropriate residential and/or commercial zones to permit Emergency Shelters by-right, Staff has determined that the most appropriate course of action would be to modify the existing permitting requirements (CUP) for the Commercial Regional (CR-2) zone. The CR-2 zone exists within the Downtown area and would provide for the necessary services for homeless persons, as noted above. Staff surveyed vacant properties within the CR-2 zone and identified approximately 8.9 acres that could be developed, thereby exceeding the 4.67 acres that would be required.

Emergency Shelters will also be subject to the following objective standards in compliance with the Government Code:
a) The maximum number of beds or persons permitted to be served nightly by the facility.
b) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. c) The size and location of exterior and interior onsite waiting and client intake areas. d) The provision of onsite management.
e) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
f) The length of stay.
g) Required lighting.
h) A requirement for security during hours that the emergency shelter is in operation.

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Proposed Amendment
In order to ensure that the Emergency Shelter Overlay complies with state law, this amendment will update Section 19.02.50 (Basic Provisions - Definitions), Section

19.06.020; Table 06.01 (Commercial Zones - Development Permitted And Conditionally Permitted Uses), Section 19.08.020; Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses), and Chapter 19.10-E (Emergency Shelter Overlay). The attached exhibits (A-E) include the specific changes as proposed for adoption into the Development Code.

Implementation
The amendment to the Emergency Shelter Overlay will take effect 30 days following the approval of Development Code Amendment 24-02 by the Mayor and City Council.

General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following:

Housing Element Program 2.7 (Constraints to a Variety of Housing); Objective 2.7c. - Amend SBMC's permitting, definitions, and associated regulations to facilitate development of emergency shelters, transitional and supportive housing, and low barrier navigation centers per state law.

Housing Element Program 5.6 (Homeless Services); Objective 5.6g. - Revise municipal code provisions for a security and management plan for emergency shelters in compliance with the Stipulated Final Judgement and Order submitted in the case of Gracia et. al v. City of San Bernardino.

The adoption and implementation of Development Code Amendment 24-02 is consistent with the City’s General Plan by amending the City of San Bernardino Municipal Code in compliance with the program requirements of the adopted 2021-2029 Housing Element. 2021-2025 Strategic Targets and Goals
Development Code Amendment 24-02 aligns with Key Target Goal No. 3: Improved Quality of Life and 4(b): Economic Growth and Development – Update the General Plan and Development Code. Specifically, the amendment will update the Development Code for compliance with state law. The amendment to the Development Code will ensure consistency with state law.

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

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

1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1636 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-02 amending the following Sections and table:
(i) Section 19.02.50 (Basic Provisions - Definitions).
(ii)Section 19.06.020;
(iii)Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses).
(iv)Section 19.08.020;
(v)Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses); and
(vi)Chapter 19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Emergency Shelters in compliance with state law; and finding that Development Code Amendment 24-02 is exempt from review under the California Environmental Quality Act; and

2. Conduct the Public Hearing; and

3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on May 1, 2024.

Attachments
Attachment 1 Ordinance No. MC-1636 (Approving Development Code Amendment 24-02)
Attachment 2 Ordinance MC-1636 (Exhibits A-E)
Attachment 3 Resolution No. 2024-013 - PC
Attachment 4 Newspaper Publication
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A

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ORDINANCE NO. MC-1636

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 24-02
AMENDING SECTION 19.02.50 (BASIC PROVISIONS -
DEFINITIONS), SECTION 19.06.020; TABLE 06.01
(COMMERCIAL ZONES - DEVELOPMENT PERMITTED

AND CONDITIONALLY PERMITTED USES), SECTION

19.08.020; TABLE 08.01 (INDUSTRIAL ZONES -

DEVELOPMENT PERMITTED AND CONDITIONALLY
PERMITTED USES), AND CHAPTER 19.10-E
(EMERGENCY SHELTER OVERLAY) OF THE CITY OF

SAN BERNARDINO DEVELOPMENT CODE (SBMC TITLE
19) IN ORDER TO UPDATE THE DEVELOPMENT

STANDARDS FOR EMERGENCY SHELTERS IN
COMPLIANCE WITH STATE LAW; AND FINDING THAT
DEVELOPMENT CODE AMENDMENT 24-02 IS EXEMPT

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.

WHEREAS, on December 6, 2010, the Mayor and City Council adopted Ordinance No.

MC-1342, establishing the Chapter 19.10-ES (Emergency Shelter Overlay) of the City of San Bernardino Development Code; and
WHEREAS, on September 28, 2022, the Governor signed Assembly Bill 2339 amending Government Code Section 65583 as it pertained to the development of emergency shelters; and WHEREAS, on January 1, 2023, amended Government Code Section 65583 came into effect rendering Chapter 19.10-ES (Emergency Shelter Overlay) of the City of San Bernardino Development Code inconsistent with state law; and
WHEREAS, on October 2, 2023, the Community Development and Housing Department - Planning Division received a letter regarding the City’s draft Housing Element noting that the provisions of the City’s Emergency Shelter Overlay constitute a constraint to the development of emergency shelters; and
WHEREAS, in a Stipulated Final Judgement and Order submitted in Gracia et al. v. City of San Bernardino, it was stated that the City would update the emergency shelter to comply with state law; and
WHEREAS, Development Code Amendment 24-02 is a City-initiated amendment to Section 19.02.50 (Basic Provisions - Definitions), Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses), Section 19.08.020; Table

08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses), and Chapter

19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC

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Title 19) in order to update the development standards for Emergency Shelters in compliance with state law; and
WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 24-02 in compliance with the California Government Code, consistent with the City of San Bernardino General Plan, and incompliance 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 Development Department evaluated Development Code Amendment 24-02 and determined that it is exempt from CEQA under 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, on March 12, 2024, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing and adopted Resolution No. 2024- 013 recommending the adoption of the Development Code Amendment 24-02 to the Mayor and City Council; and
WHEREAS, notice of the April 17, 2024 public hearing for the Mayor and City Council's consideration of Development Code Amendment 24-02 was published in The Sun newspaper on April 6, 2024, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 24-02; and

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

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.

SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 24-02 and this Ordinance No. MC-1636 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 3.Finding of Facts – Development Code Amendment 24-02 Finding No. 1:The proposed amendment is consistent with the General Plan.

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ORDINANCE NO. MC-1636
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Finding of Fact:Development Code Amendment 24-02 is consistent with the General Plan, as follows:

Housing Element Program 2.7 (Constraints to a Variety of Housing); Objective 2.7c. - Amend SBMC's permitting, definitions, and associated regulations to facilitate development of emergency shelters, transitional and supportive housing, and low barrier navigation centers per state law.

Housing Element Program 5.6 (Homeless Services); Objective 5.6g. - Revise municipal code provisions for a security and management plan for emergency shelters in compliance with the Stipulated Final Judgement and Order submitted in the case of Gracia et. al v. City of San Bernardino.

The adoption and implementation of Development Code Amendment 24- 02 is consistent with the City’s General Plan by amending the City of San Bernardino Municipal Code in compliance with the program requirements of the adopted 2021-2029 Housing Element.

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 24- 02 is in the interest or furtherance of the public health, safety, convenience, and general welfare through the establishment of regulations consistent with state law that will allow for the development of emergency shelters to provide temporary housing for the City’s unsheltered residents.

SECTION 4.Adoption of Ordinance. Development Code Amendment 24-02 to amend Section 19.02.50 (Basic Provisions - Definitions), Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses), Section 19.08.020; Table

08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses), and Chapter

19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Title 19) to update the Emergency Shelter Overlay in compliance with state law attached hereto and incorporated herein by reference as Exhibits “A” through “E”, is hereby approved.

SECTION 5.Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 24-02.

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

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ORDINANCE NO. MC-1636
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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 __________, 2024.
__________________________________
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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ORDINANCE NO. MC-1636
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CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO

CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1636, introduced on April 17th, 2024, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 2024 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 ____________ 2024.
______________________________
Genoveva Rocha, CMC, City Clerk

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EXHIBIT A
Development Code Section 19.02.050
(Definitions)

19.02.050 (Definitions) shall be modified to read as follows:

Emergency Shelter. As used in Government Code Sections 65582, 65583 and 65589.5 (Senate Bill 2), and as defined in Health and Safety Code Section 50801(e), “emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless persons unable to pay for housing. Facilities occupied by individuals who pay for their housing shall not be permitted as emergency shelters. Also referred to as “homeless shelter”, “homeless facility” or “social service center with a residential component.” Any structure or facility, the primary purpose of which is to provide housing or temporary shelter, with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by homeless persons. No individual or household may be denied emergency shelter because of an inability to pay. This definition includes other interim interventions, including but not limited to a navigation center, bridge housing, and respite or recuperative care.

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EXHIBIT B
Development Code Section 19.06.020
(Permitted, Development Permitted, and Conditionally Permitted Uses)

19.04.020 ( Permitted, Development Permitted, and Conditionally Permitted Uses); Table 06.01 (Commercial Zones – Permitted, Development Permitted, and Conditionally Permitted Uses) shall be modified to read as follows:

TABLE 06.01

PERMITTED, DEVELOPMENT PERMITTED, AND

CONDITIONALLY PERMITTED USES

LAND USE ACTIVITY CO CG-
1 CG-
2 CG-
3 CR-1 CR-2 CR-3 CR-4 CH CCS-
1 CCS-
2 H. Medical/Care Facilities/Social Services
Commercial establishments, which
provide services of a medical/care nature,
related to the health and welfare of the
City’s residents. Examples of allowable
land use activities include, but are not
limited to, the following:

1. Blood Banks C C -- -- -- -- -- -- -- -- --

2. Emergency Shelters -- -- -- -- -- D15 -- -- D15 -- --

3. Health Clinics/Outpatient Surgery D D D D D5 D D -- -- D --

4. Medical Offices D D D D D D D -- D D D

5. Hospitals C C -- -- -- -- -- -- -- -- --

6. Outpatient – Treatment Programs C C C -- -- -- -- -- -- D --

7. Residential Care Facilities C C C -- -- C -- -- -- -- --

8. Senior/Congregate Care Facilities C C C -- -- C -- -- -- -- --

9. Social Services Centers C C C C -- C C -- -- -- --
15 Permitted in the Emergency Shelter Overlay, pursuant to Chapter 19.10-E.

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EXHIBIT C
Development Code Section 19.08.020
(Permitted, Development Permitted, and Conditionally Permitted Uses)

19.08.020 ( Permitted, Development Permitted, and Conditionally Permitted Uses); Table 0 8.01 (Industrial Zones – Permitted, Development Permitted , and Conditionally Permitted Uses) shall be modified to read as follows:

TABLE 08.01

PERMITTED, DEVELOPMENT PERMITTED, AND

CONDITIONALLY PERMITTED USES

LAND USE ACTIVITY OIP IL IH IE

11. Emergency Shelters D 1 D 1 – –
1 Permitted in the Emergency Shelter Overlay, pursuant to Chapter 19.10-E.

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EMERGENCY SHELTER OVERLAY ZONE – 19.10-E
II-19.10-E-1
CHAPTER 19.10-E

ES (EMERGENCY SHELTER OVERLAY) ZONE
Section Page

19.10-E.010 Purpose ..................................................................................................... II-19.10-E-1

19.10-E.020 Applicability ............................................................................................ II-19.10-E-1

19.10-E.030 General Provisions ................................................................................... II-19.10-E-1

19.10-E.040 Development Standards ........................................................................... II-19.10-E-2

19.10-E.010 PURPOSE
The purpose of this chapter is to provide for areas within the CH, Commercial Regional (CR-2), Commercial Heavy (CH), IL, Industrial Light (IL), and OIP, Office Industrial Park (OIP) zones as referenced in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08, where emergency shelters, in accordance with Government Code Section 65583, are allowed without a conditional use permit or other discretionary permit. Recognizing the need for available and affordable sites for establishment of emergency shelters outside the traditional locations in commercial zones, the Emergency Shelter Overlay zone provides several areas within the CR-2, CH, IL, and OIP zones for new emergency shelters to be integrated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries (area of applicability) is to maximize the potential for provision of emergency shelter and support services throughout the City of San Bernardino.

19.10-E.020 APPLICABILITY
The Emergency Shelter Overlay zone shall apply to CH, Commercial Regional (CR-2), Commercial Heavy (CH), IL, Industrial Light (IL), and OIP, Office Industrial Park (OIP) zones as specified in reference maps adopted with the Emergency Shelter Overlay zone and available in the Community Development and Housing Department. All land use regulations and development standards for commercial and industrial uses as specified in Chapters 19.06 and 19.08 shall remain in effect. The effect of the Emergency Shelter Overlay zone shall be to define the area of applicability where emergency shelters shall also be permitted with Director approval, and to add general and specific development standards for emergency shelters within the CR-2, CH, IL, and OIP zones.

19.10-E.030 GENERAL PROVISIONS

1. Emergency shelters located in the Emergency Shelter Overlay zone shall be developed and operated according to the land use regulations, development standards and design guidelines for the CR-2, CH, IL, and OIP zones, as applicable, as well as Chapter 19.10-E.

2. Emergency shelters shall be permitted with the ministerial approval of an Administrative Development Permit within the Emergency Shelter Overlay zone as specified in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. The purpose of the Administrative Development Permit shall be limited to review for conformance with the development standards established within this subsection.

Exhibit D

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EMERGENCY SHELTER OVERLAY ZONE – 19.10-E
II-19.10-E-2

19.10-E.040 DEVELOPMENT STANDARDS

1. The following standards shall apply to development of emergency shelters within the Emergency Shelter Overlay zone:

A. EMERGENCY SHELTERS

Emergency shelters, providing temporary housing and support services to homeless persons, shall be permitted in the Emergency Shelter Overlay z one of the CH, Commercial Regional (CR-2), Commercial Heavy (CH), IL, Industrial Light (IL), and OIP, Office Industrial Park (OIP) zones, subject to the standards in this Section. As social services with residential components, emergency shelters are also conditionally permitted in several commercial zones and throughout the IL, Industrial Light zone. The following standards shall be required for development or establishment of emergency shelters in the Emergency Shelter Overlay zone:

(1) The maximum resident density shall be one resident per 150 sq. ft., up to a maximum of 60 residents;

(2) The maximum length of stay shall be six months;

(3) The site shall be located no more than ½ mile from a public transit line;

(4) Any new or existing structure proposed for use as an emergency shelter shall meet current California Building Code requirements.

(5) Off-street parking shall be provided at a ratio of one space per 1,000 square feet of gross floor area, or one space for each employee on the largest shift plus one space for each agency vehicle plus three visitor spaces, whichever is greater;

(6) Fencing and exterior lighting conforming to the development standards of Chapter

19.20 shall be required to ensure the security of site residents;

(7) A security and management plan shall be required to demonstrate adequate plans and capability to operate the emergency shelter in a safe and effective manner, including complete descriptions of the following:

(a) Fencing, lighting, video cameras, and any other physical improvements intended to provide or enhance security for residents and staff;

(b) Staffing plans, including the qualifications and responsibilities of all staff members and the number and positions of employees on each shift;

(c) Procedures and policies for screening of potential residents to identify individuals who should be referred to medical facilities, residential care facilities, other service agencies or law enforcement;

(d) Plans and policies for daily operations and supervision of residents;

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EMERGENCY SHELTER OVERLAY ZONE – 19.10-E
II-19.10-E-3

(e) Support services to be offered to residents, including life skills training, counseling, referral to other service agencies and job placement assistance;

(f) Plans to coordinate services of the facility with other homeless service providers in San Bernardino County, to improve the effectiveness of the network of agencies serving the homeless, countywide.

(1) Number of Beds. The maximum number of beds or persons permitted to be served nightly by an emergency or homeless shelter shall be determined and as allowed by Building and Fire Codes.

(2) Required Parking. An emergency or homeless shelter shall provide off -street parking at a ratio of one (1) space per employee.

(3) Waiting Area. An emergency or homeless shelter shall provide an on -site, client intake, waiting area to prevent queuing on public sidewalks.

(4) Onsite management. An emergency or homeless shelter shall have a manager on- site during operating hours.

(5) Proximity. Emergency or homeless shelters shall not be less than 300 -feet apart from other emergency or homeless shelters, as measured from the nearest property lines.

(6) Length of Stay. The maximum length of stay at an emergency or homeless shelter shall be 180 -days in a consecutive 365 -day period, or not longer than the time frame established by the California Health and Safety Code for Emergency Shelters, whichever is greater.

(7) Lighting. Sites with an emergency or homeless shelter shall provide lighting in all parking, pedestrian, and entry areas. Lighting shall be in compliance with Title 24, California Code of Regulations.

(8) Security. Emergency or homeless shelters shall provide on -site security during hours that the emergency shelter is in operation.

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EMERGENCY SHELTER OVERLAY ZONE – 19.10-E
II-19.10-E-4

Intentionally Blank

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Exhibit E - EMERGENCY SHELTER OVERLAY PARCELS
Existing parcels within Emergency Shelter Overlay

District 1

0269-171-05
0269-171-09
0269-171-12
0269-171-21
0269-171-27
0269-171-39
0269-171-35
0269-171-42
0269-171-46

0269-231-22
0269-231-23

District 2a

0142-081-12
0142-081-25
0142-081-26
0142-094-34
0142-094-38
0142-094-42
0142-094-45
0142-094-46
0142-094-47
0142-094-48
0142-094-49
0142-095-15
0142-095-16
0142-111-04
0142-111-10
0142-111-13
0142-111-17
0142-111-18

0142-112-13
0142-112-14
0142-112-24

0142-211-01
0142-211-02
0142-211-26

0142-211-05
0142-211-08
0142-211-19
0142-211-10
0142-211-11
0142-211-28
0142-211-29 (portion of combined parcel)

0142-212-03
0142-212-04
0142-212-05
0142-212-06
0142-212-07
0142-212-15
0142-212-18
0142-212-22
0142-212-24

0142-221-02
0142-221-04
0142-221-05
0142-222-12

0142-222-03
0142-222-31

District 2b

0142-042-01
0269-271-71

0142-043-04
0142-043-07
0142-043-08
0142-043-09

0269-291-04

0269-291-11

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Exhibit E - EMERGENCY SHELTER OVERLAY PARCELS
District 3

0283-032-01
0283-032-02
0283-032-03
0283-032-04
0283-032-05
0283-032-06
0283-032-07
0283-032-08
0283-032-09
0283-032-10
0283-032-12
0283-032-13
0283-032-15
0283-032-16
0283-032-17
0283-032-18
0283-032-19
0283-032-22
0283-032-23
0283-032-25
0283-032-29
0283-032-30
0283-032-31
0283-032-32
0283-032-33
0283-032-34
0283-032-39
0283-032-41
0283-032-42
0283-032-45
0283-032-46
0283-032-47
0283-032-48
0283-032-50
0283-032-51

0283-041-04
0283-041-05
0283-041-06
0283-041-07
0283-041-09
0283-041-10
0283-041-11
0283-041-12
0283-041-13
0283-041-14
0283-041-18
0283-041-19
0283-041-22
0283-041-23
0283-041-34
0283-041-35

District 4

1191-231-35
1191-231-36
1191-231-49
1191-231-50
1191-231-51

District 5

(deleted)

District 6

0280-021-48 (portion of combined parcel)

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Exhibit E - EMERGENCY SHELTER OVERLAY PARCELS
Proposed (CR-2) parcels to add to Emergency Shelter Overlay

1) 0.68 acres
0134-014-24
0134-014-25
0134-014-26
0134-014-27

2) 0.68 acres
0134-021-26
0134-021-27
0134-021-28
0134-021-29

3) 0.24 acres
0134-023-19

4) 1.28 acres
0134-023-50
0134-023-57

5) 0.31 acres
0134-051-29

6) 0.37 acres
0134-052-22

7) 1.11 acres
0134-053-07
0134-053-20
0134-053-21
0134-053-22
0134-053-23
0134-053-25
0134-053-26

8) 0.26 acres
0134-061-06

9) 0.13 acres
0134-061-10

10) 0.54 acres
0134-081-18
0134-081-21

11) 0.33 acres
0135-021-04
0135-021-05

12) 0.18 acres
0135-021-07

13a) 0.72 acres
0135-081-11
0135-081-12
0135-081-13
0135-081-14
0135-081-15

13b) 0.40 acres
0135-091-09
0135-091-10
0135-091-11

14) 0.26 acres
0135-101-08
0135-101-28

15) 1.41 acres
0140-282-02
0140-282-05
0140-282-43
0140-282-71
0140-282-73
0140-282-74
0140-282-81

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NOTICE OF PUBLIC HEARING

BEFORE THE MAYOR AND CITY COUNCIL

Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a public hearing on Wednesday, April 17, 2024 at 4:00 p.m. in the Feldheym Public Library, Bing Wong Auditorium, 555 West 6th Street, San Bernardino, California 92410, on the following item(s):

DEVELOPMENT CODE AMENDMENT 24 -01 – A City -initiated amendment to Section 19.02.50 (Basic Provisions - Definitions), Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses), Section 19.08.020; Table 08.01 ( Industrial Zones - Development Permitted and Conditionally Permitted Uses), and Chapter 19.10 -E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Emergency Shelters in compliance with State law.

Environmental Determination: Exempt, pursuant to §15061(b)(3) (Review for Exemption) of the State CEQA Guidelines
Applicant: City of San Bernardino – Community Development and Housing Department

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 publ ic 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: April 2, 2024
Publish: April 6, 2024 (Display Ad)

Please send first proof for verification or changes by e-mail to Jennifer Meamber: [email protected].

Please reference “ MCC Display Ad” on the billing and send to the City of San Bernardino, Planning Division, 290 North D Street, San Bernardino, CA 92401.

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Department: City Manager’s Office
Subject: Discuss and Provide Direction on Whether to Pursue Censure of Council Member Kimberly Calvin

Recommendation:

It is recommended that the Mayor and City Council, of the City of San Bernardino, California, discuss 1) whether to and the process for adopting a Resolution of Censure concerning Council Member Kimberly Calvin’s alleged misconduct involving violations of policy, law and fiduciary duty; 2) whether to engage outside legal counsel and provide direction to staff and whether to appoint an ad hoc committee to schedule a hearing and consideration of final Resolution of Censure.

Executive Summary
A censure is an official reprimand or condemnation, typically adopted by resolution, representing a city council or public body's disapproval of specific behavior by an individual council member. While it doesn't impose penalties like fines or suspension, it serves to distance the agency from unacceptable behavior. If pursued, the council must adopt a resolution containing findings supporting the censure, a process that would be conducted by the council itself, potentially with guidance from legal counsel or an ad hoc committee.

Background
At the City Council Special Meeting on April 11, 2024, the Mayor and City Council directed the City Manager to place an item on the City Council agenda to discuss whether to pursue and the process for Censure of Council Member Kimberly Calvin.

Discussion
A censure is generally understood to be “an official reprimand or condemnation; an authoritative expression of disapproval or blame." (Black's Law Dictionary (10th ed. 2014).) The City Council has authority to censure an individual Council Member.

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(Braun v. City of Taft (1984) 154 Cal.App.3d 332, 347-348.) A censure is generally adopted by resolution and represents the opinion of a city council or other public body, but does not levy a fine, suspension, or other penalty. While there is no statute directly addressing censure, many local legislative bodies have adopted resolutions condemning inappropriate behavior and violations of policies and laws. A censure is one way of distancing the public agency from bad behaviors that interfere with the agency’s ability to conduct the public’s business.

While censure does not remove an elected official from office, it may serve an important purpose by stating to the public that certain behavior is unacceptable to the other council members. It is a form of self-policing for elected officials.

An elected official who is subject to possible censure is entitled to due process with notice and an opportunity to be heard. This process must take place in open session as the California Attorney General has issued a written opinion concluding that complaints against elected officials may not be discussed in closed session. (61 Ops.

Cal. Atty. Gen. 10 (1978).)
Therefore, if the City Council wishes to censure Council Member Calvin, the following process is recommended:

1. A censure discussion should be placed on the agenda for a City Council meeting. (This is being done with this agenda report).

2. The agenda item should outline reasons for the consideration of the censure and provide for notice to Council Member Calvin as to when the City Council intends to hear the matter.

3. The City Council should direct that Council Member Calvin receive individualized notice by mail.

4. The censure should be scheduled for deliberation in open session, and not in closed session. (61 Ops.Cal.Atty.Gen. 10 (1978).)

5. Council Member Calvin should be afforded an opportunity to be heard. However, formal rules of evidence do not apply, including the right to cross examination. (Binkley v. City of Long Beach (1993) 16 Cal.App.4th 1795, 1809.)

6. Like resolutions generally, the censure resolution must be adopted by a majority vote of the City Council.

Reasons for the consideration of a censure may include:

1. Illegal disclosure of closed session information in violation of the Brown Act.

2. Improper use of city email and city communications.

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3. Improper interactions with City employees.

4. Breach of fiduciary duty.

If the City Council decides to proceed, it should be noted that the Council will need to adopt a resolution containing findings as to why the City Council believes a censure is appropriate. This process of identifying facts to support findings should be conducted by the City Council and not staff who have a responsibility to serve all elected officials equally. The Council Members may want to appoint an ad hoc committee and/or direct staff to engage special legal counsel to guide the Council and proceed with the Censure process should the Council decide to move in that direction. 2021-2025 Strategic Targets and Goals
Consideration of a censure of Council Member Calvin aligns with Key Target No.1e:

Minimize risk and litigation exposure.

Fiscal Impact
There is no fiscal impact to the City for the review and consideration of a Censure Resolution.

Conclusion
It is recommended that the Mayor and City Council, of the City of San Bernardino, California, discuss 1) whether to and the process for adopting a Resolution of Censure concerning Council Member Kimberly Calvin’s alleged misconduct involving violations of policy, law and fiduciary duty; 2) whether to engage outside legal counsel and provide direction to staff and whether to appoint an ad hoc committee to schedule a hearing and consideration of final Resolution of Censure.

Attachments
Ward:

All Wards
Synopsis of Previous Council Actions:

April 11, 2024 Mayor and City Council directed the City Manager to provide an overview of the process and sample resolution for
Censure of Council Member Kimberly Calvin.

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Director of Public Works, Operations &
Maintenance
Department: Public Works
Subject: Adopt an Urgency Ordinance Restricting Truck Traffic on Certain Roadway Segments Within the City Limits.

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Urgency Ordinance No. MC-1635, amending Section 10.24.190 of the City of San Bernardino Municipal Code to restrict Commercial Vehicles with a gross vehicle weight rating exceeding 30,000 pounds on certain segments of City roads, specifically University Parkway (State Street) from the eastern off ramp of Interstate 210 to Baseline Road; and Pepper Avenue from Ninth Street to Randall Avenue.

Executive Summary
The urgency ordinance regulation prohibits trucks on two roadway segments: (1) along University Parkway, between the I-210 Freeway eastbound off-ramp and Baseline Street; and (2) on Pepper Avenue between 9 th Street and Randall Avenue. This will ensure that truck movements do not damage the City roadway system and provide a safer environment for the traveling public on the City’s roadway network. An urgency ordinance is necessary in order to protect the residential neighborhoods and schools from immediate and unexpected safety impacts, as well as to prevent immediate damage to two newly constructed street segments, including University Parkway from Baseline Street to the I-210 Freeway, and Pepper Avenue from the 210 Freeway to Randall Avenue.

Background
To accommodate the large volumes of truck traffic for businesses and growth in industrial and distribution sectors, the City of San Bernardino is in the process of

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adopting a truck circulation map, which is a part of the Truck Route Study, which will be included in the General Plan update in the foreseeable future. The adoption of the recommendations in the Truck Route Study, and the subsequent passing of an ordinance adopting the recommendation of the Truck Route Study, will allow the City Council to designate the routes that trucks must use when passing through the city, and traveling to and from points within San Bernardino. The future Truck Route Study ordinance will provide the City the ability to legally enforce the truck routes citywide.

Truck route signage will be installed along the truck routes as part of this implementation plan. This truck route network will be developed to facilitate goods movement for commercial vehicles/trucks along strategic corridors to minimize impacts on collector and local streets, as well as to protect the residential neighborhoods from truck traffic.

The new General Plan update has analyzed the potential truck routes, which included consideration of land use, roadway functional classification, pavement conditions, industrial corridors and single site locations, inter-agency linkages, truck delivery needs, and overall city circulation needs.

Pepper Avenue between I-210 and Randall Avenue is jointly operated and maintained within certain segments by both the City of Rialto and City of San Bernardino. At the Rialto City Council Meeting of February 28, 2023, the City of Rialto adopted an interim urgency ordinance to prohibit trucks on Pepper Avenue between the I-210 Freeway and Rialto Avenue for 22 months. The City of Rialto has requested the adoption of an urgency ordinance within the City of San Bernardino's jurisdiction in order to effectively enforce the truck route prohibitions on Pepper Avenue between the I-210 Freeway and Randall Avenue. The new truck route prohibition will be applied on Pepper Avenue between 9th Street and Randall Avenue within the City of San Bernardino jurisdiction.

University Parkway between Hanford Avenue and Baseline Street was opened to traffic on December 15, 2023. This newly constructed road serves as a vital link connecting the residential community to the businesses on Highland Avenue to the north and Baseline Street to the south. To enhance safety for local schools, area residents, and the newly constructed pavement section on University Parkway, between Hanford Avenue and Baseline Street, staff is recommending restricting truck traffic on University Parkway between the I-210 Freeway eastbound off-ramps and Baseline Street, in both directions.

Both of these routes are newly constructed or rehabilitated, and as such, create a new opportunity for unauthorized truck routes through residential neighborhoods and through areas with adjacent schools. In order to protect these communities from potential hazards resulting from heavy trucks moving through at higher speeds, it is necessary to recommend the adoption of Urgency Ordinance No. MC-1635 while the General Plan and Truck Route Study are being undertaken. The Urgency Ordinance is being requested by the City of Rialto for the City of San Bernardino portion of Pepper Avenue segment between the I-210 Freeway and Randall Avenue in order to

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correlate to the urgency ordinance adopted by the City of Rialto on February 28, 2023.

Discussion
The movement of trucks is regulated by the State of California for State highways and Interstate routes within California, and local jurisdictions are permitted by State law to regulate access by trucks to local roadways. Other policies, establishing the right to regulate truck trips and enforce weight limits are defined by the California Vehicle Code (CVC). Maximum truck size and weight regulations in the CVC ensure that trucks have safe operating characteristics, such as clearance under bridges, turning radius at corners, and stopping capability. The regulations also ensure that truck movements and parking do not damage state and local highways and roadways. The CVC allows local jurisdictions to issue permits to vehicles in excess of these size or weight standards.

The CVC includes sections that define how truck size and weight limits may be enforced and provides authority to local jurisdictions to establish truck routes on specific streets and to prohibit trucks on other streets.

The current General Plan has the following policies related to trucking. These are listed in the General Plan under Goal 6.5, which is titled “Develop a transportation system that reduces conflicts between commercial trucking, private/public transportation, and land uses”:
•6.5.1 Provide designated truck routes for use by commercial/industrial trucking that minimize impacts on local traffic and neighborhoods. •6.5.2 Continue to regulate on-street parking of trucks to prevent truck parking on residential streets or in other locations where they are incompatible with adjacent land uses. The use of signs, restricted parking, limited parking times, and the posting of “No Overnight” parking signs are mechanisms that can be employed depending upon the specific needs of the affected area. •6.5.3 Prepare neighborhood protection plans for areas of the City where heavy vehicle traffic or parking becomes a significant enforcement problem. (C-2) •6.5.4 Require that on-site loading areas minimize interference of truck loading activities with efficient traffic circulation on adjacent roadways. (LU-1) There are existing Municipal Code provisions that govern the use of trucks or parking of trucks on specific streets within San Bernardino. The Code text establishes limits for these activities on the roadways based on vehicle weight, through the following sections:

10.24.190 Commercial Vehicles Prohibited on Certain Streets:

A. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, et seq., no person shall operate or drive any commercial vehicle upon the streets shown on Attachment 3, and the Traffic Engineer shall cause appropriate signage to be erected giving notice thereof.

B. Pursuant to the authority and restrictions of Vehicle Code Sections 35701,

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et seq., no person shall operate or drive any vehicle exceeding a maximum gross weight limit of ten thousand pounds upon the streets shown on Attachment 4, and the Director of Public Services shall cause appropriate signs to be erected giving notice of such weight limitation prohibition.

C. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, 35703, et seq., no person shall operate or drive any commercial vehicle having a manufacturer's Gross Vehicle Weight Rating (GVWR) exceeding thirty thousand (30,000) pounds upon the streets shown on Attachment 5, and the Director of Public Services shall cause appropriate signs to be erected giving notice of such weight limitation prohibition.

Truck prohibitions on certain roadways are regulatory measures implemented to ensure safety, efficiency, and sustainability in transportation networks. These prohibitions restrict the access of heavy trucks to specific routes or areas where their presence could pose risks to infrastructure, public safety, and environmentally sensitive area such as schools and residential communities, such as the segment of roadway along Pepper Avenue between 9th Street and Randall Avenue. Justification for truck prohibitions stems from various factors including roadway characteristics, traffic patterns, community issues and concerns, and environmental considerations.

Safety Concerns
One of the primary justifications for implementing Urgency Ordinance No. MC-1635 is to mitigate safety risks associated with heavy truck traffic on certain roadways within the City of San Bernardino. Pepper Avenue along the segment of the roadway where the prohibition would apply does not support travel lane widths for the specific classification of trucks that exceeds the maximum weight limit and the number of axles. Narrow roads and narrow lanes would likely increase the frequency of accidents involving trucks.

Prohibiting trucks from traversing these routes will help reduce the potential for collisions, rollovers, and other incidents that endanger motorists, pedestrians, and cyclists.

University Parkway also consists of narrow roadways above Foothill Boulevard and is adjacent to roadways without adequate shoulder or sidewalks between Foothill Boulevard and Baseline Street. These routes are used by school children going to and from the adjacent schools. Prohibiting trucks from traversing these routes will help reduce the potential for collisions, rollovers, and other incidents that endanger motorists, pedestrians, and cyclists.

Infrastructure Protection
Heavy trucks exert significant pressure on pavement and bridges, accelerating wear and tear on roadways, and necessitating costly repairs and maintenance. By restricting truck access on Pepper Avenue, which is not designed to accommodate trucks with a gross

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vehicle weight rating exceeding 30,000 pounds, the City can prolong the lifespan of pavement section, protect curb radiuses at the turning points, and limit knockdown of traffic signal poles at intersection turning points. As a result, public infrastructure will be preserved, and protection of existing roadway improvements will result in allocating resources more effectively for maintenance and upgrades to other areas in the City of San Bernardino.

Environmental Impacts
Heavy trucks are major contributors to air and noise pollution, particularly in urban environments where population density is high. Pepper Avenue between I-210, 9 th Street, and Randall Avenue has many land uses that are comprised of middle schools, high schools, single-family homes, mobile homes, and retail establishments. By diverting truck traffic away from these environmentally sensitive areas, the City of San Bernardino can reduce emissions, noise levels, and negative impacts to the community.

The justification and findings above serve as a basis for informed decision-making and policy formulation regarding the regulation of truck traffic on diverse roadway networks. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 3d: Improved Quality of Life – Improve the City’s appearance, cleanliness, and attractiveness by eliminating damage to the City’s infrastructure and maintaining the appearance of newly paved roadway segments.

Fiscal Impact
There is no General Fund impact associated with this action. The total cost to complete is approximately $2,000. to produce and install the signs. There is sufficient budget within the Gas Tax for this item.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Urgency Ordinance No. MC-1635, amending Section 10.24.190 of the City of San Bernardino Municipal Code to restrict Commercial Vehicles with a gross vehicle weight rating exceeding 30,000 pounds on certain segments of City roads, specifically University Parkway (State Street) from the eastern off ramp of Interstate 210 to Baseline Road; and Pepper Avenue from Ninth Street to Randall Avenue.

Attachments
Attachment 1: Urgency Ordinance No. MC-1635
Attachment 2: Commercial Vehicles Prohibited Locations
Attachment 3: Weight Limit Restriction Locations – 10,000lbs Attachment 4: Weight Limit Restriction Locations – 30,000lbs

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Ward:
3 & 6
Synopsis of Previous Council Actions:

N/A

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Urgency Ordinance No. MC-1635
URGENCY ORDINANCE NO. MC-1635

AN URGENCY ORDINANCE OF THE MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AMENDING SECTION 10.24.190 OF THE

CITY OF SAN BERNARDINO MUNICIPAL CODE TO

RESTRICT COMMERCIAL VEHICLES WITH A GROSS
VEHICLE WEIGHT RATING EXCEEDING 30,000 POUNDS

ON CERTAIN SEGMENTS OF CITY ROADS,

SPECIFICALLY UNIVERSITY PARKWAY (STATE

STREET) FROM THE EASTERN OFF RAMP OF
INTERSTATE 210 TO BASELINE ROAD; AND PEPPER

AVENUE FROM NINTH STREET TO RANDALL AVENUE
WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of San Bernardino has the police power to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries, to the extent that such regulations are not in conflict with the general laws of the State of California; and
WHEREAS, pursuant to California Vehicle Code Section 35701, any city may by ordinance prohibit the use of a street by any commercial vehicle or by any vehicle exceeding a maximum gross weight limit; and
WHEREAS, the City Council observes that inter-city truck traffic on City of San Bernardino streets has substantially increased, causing congestion and safety concerns for residents that affect quality of life and threaten the economic viability of recent commercial development; and
WHEREAS, Policy 6.5.1 of the Circulation Element of the General Plan of the City of San Bernardino requires that the City take action to minimize the impacts of commercial trucking on local traffic and neighborhoods; and
WHEREAS, the street segments of Pepper Avenue from Ninth Street to Randall Avenue are predominantly residential neighborhoods, and are adjacent to Rialto High School and Jehue Middle School which increases the risk of pedestrian, bicycle and vehicle interactions with commercial trucking; and
WHEREAS, the street segment of University Parkway (State Street) from the eastern off ramp of Interstate 210 to Baseline Road is a residential neighborhood; and WHEREAS, inadequate control of truck traffic on local streets causes congestion inconsistent with the best economic interests of the community, decreases the City’s ability to regulate traffic in a manner consistent with protection of the public, and may adversely impact particulate emissions and the environment, all of which pose a current and immediate threat to public health, safety, and welfare in the residential areas designated above; and

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0 WHEREAS, the City has completed a draft Truck Route Study that will be finalized and serve as a contribution to the Circulation Element upon the completion of an updated General Plan, and this Truck Route Study will serve as the formal documentation and justification for updated truck routes citywide through a new General Plan; and
WHEREAS, upon review of the existing commercial truck traffic routes in the General Plan, which was adopted in 2005 prior to explosive growth in international trade, it has been determined that certain segments previously approved for general truck traffic may no longer be appropriate for such use; and
WHEREAS, the City of Rialto, as a partner on Project SS20-010, Pepper Avenue Street Rehabilitation from Baseline Road to Mill Street, has requested that the City of San Bernardino consider immediate uniform commercial truck traffic limitations on Pepper Avenue between Interstate 210 and Baseline Road through an urgency ordinance to ensure uniform public safety enforcement of truck traffic based on the City of Rialto’s Citywide Speed Survey and Truck Route Study, and the adoption of City of Rialto Ordinance No. 1684 on February 28, 2023, which limited commercial vehicles on the City of Rialto segments of Pepper Avenue; and WHEREAS, the City of San Bernardino will consider truck route prohibitions along Pepper Avenue between 9 th Street and Randall Avenue, and University Parkway (State Street) between the Interstate 210 eastbound off ramp and Baseline Road, to promote consistent truck traffic enforcement in residential areas along the larger multi-jurisdictional segment of Pepper Avenue, and to protect the residential areas and school zones that are served by Pepper Avenue and University Parkway (State Street); and
WHEREAS, the Mayor and City Council of the City of San Bernardino recognize the need to revise certain street segments to protect the public health, safety, and welfare, and desire to adopt an Urgency Ordinance to restrict commercial truck traffic with a gross vehicle weight rating exceeding 30,000 pounds on certain segments of City roads effective immediately.

THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings.

A. California Vehicle Code (CVC) Section 21101 states, “Local authorities…may adopt rules and regulations by ordinance or resolution…(c) Prohibiting the use of particular highways by certain vehicles."
B. For roadways bordering other jurisdictions, CVC Section 21105 states “No rule or regulation…shall be effective as to boundary line streets where portions thereof are within different jurisdictions unless approved by all authorities having jurisdiction of such portions of the street concerned have approved the same.”

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0 C. Per CVC Section 35700, any county or city may permit loads on highways under their jurisdictions of a maximum gross weight in excess of that specified in the CVC.

D. CVC Section 35701 states that any city or county may, by ordinance, prohibit the use of any vehicle exceeding any maximum gross weight limit in residential areas.

This excludes certain vehicles, such as refuse collection trucks.

E. Per CVC Section 35703, local authorities are not permitted to “prohibit any commercial vehicles coming from an unrestricted street having ingress and egress by direct route to and from a restricted street when necessary for: picking up and delivering goods from or to any building or structure on the restricted street, or delivering materials used in the repair, alteration, remodeling, or construction of any building or structure on the restricted street for which a building permit has previously been obtained.”
F. In accordance with California Vehicle Code Sections 35701, 35703, et seq., the City adopted an ordinance, codified in Chapter 10.24.190(C) of the City of San Bernardino Municipal Code, prohibiting commercial vehicles having a Gross Vehicle Weight Rating exceeding 30,000 pounds upon certain streets.

G. If truck travel is prominent on roadways determined by the City to be inappropriate for truck traffic, based on adjoining land use and/or the local nature and use of the roadway, the City Council may consider taking action in order to maintain consistency with Policy 6.5.1 of the Circulation Element of the City of San Bernardino General Plan.

H. The draft Truck Route Study, which is being developed for an update of the Circulation Element of the City of San Bernardino General Plan, has raised issues regarding the appropriateness of commercial truck traffic on the designated segments.

I. The draft Truck Route Study has identified the curb lane width on segments of Pepper Avenue to be as low as 12 feet, and the curb lane width on segments of University Parkway (State Street) to be as low as 11 feet.

J. The City of Rialto conducted an independent Citywide Speed Survey and Truck Route Study, and has determined that a commercial truck restriction is appropriate on Pepper Avenue by adopting Ordinance No. 1684 on February 28, 2023.

K. The City of Rialto may not implement their adopted commercial truck restriction on Pepper Avenue if the City of San Bernardino does not adopt a similar commercial truck restriction, according to CVC 21105, as Pepper Avenue is a roadway that borders both jurisdictions.

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0 L. The purpose of adopting Urgency Ordinance No. MC-1635 is to avoid the potentially significant adverse impacts to the public’s health, safety, and welfare described herein.

SECTION 2. That Section 10.24.190 (C) of the City of San Bernardino Municipal Code is hereby amended to add: “10. Pepper Avenue between 9th Street and Randall Avenue.” SECTION 3. That Section 10.24.190 (C) of the City of San Bernardino Municipal Code is hereby amended to add: “11. University Parkway (State Street) between Interstate 210 eastbound off ramp and Baseline Road.”
SECTION 4. Urgency. In accordance with Government Code section 36937, the City Council hereby finds and determines that adoption of this Urgency Ordinance No. MC-1635 is necessary for the current and immediate protection of the public health, safety, and welfare of the City and its residents for all the reasons set forth in the Findings above and in the Recitals, which are hereby expressly incorporated by reference as though fully set forth herein.

SECTION 5. Compliance with California Environmental Quality Act. The City Council finds that this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect 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; it prevents changes in the environment pending the completion of zoning code revisions and related impact studies.

SECTION 6. Severability. If any section or provision of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Urgency Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Urgency Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 7. Effective Date. In accordance with Government Code section 36937, this Urgency Ordinance is declared an urgency measure necessary for the immediate protection and preservation of the public peace, health, safety, and welfare for the reasons stated herein, including in the incorporated recitals, and it takes effect immediately upon adoption by the City Council by at least a four-fifths vote.

SECTION 8. Publishing. The City Clerk shall certify to the passage of this Urgency Ordinance and cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation, printed and published in San Bernardino, California.

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Urgency Ordinance No. MC-1635
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0 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of , 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney

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Urgency Ordinance No. MC-1635
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0 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 Urgency Ordinance No. MC-1635, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held the day of 2024 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 2024.
______________________________
Genoveva Rocha, CMC, City Clerk

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10.24.190 Commercial Vehicles Prohibited on Certain Streets A. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, et seq., no person shall operate or drive any commercial vehicle upon the following streets, and the Traffic Engineer shall cause appropriate signage to be erected giving notice thereof:

1. Palmyra Drive between Sierra Way and Sonora Drive;

2. Arlington Drive between Palmyra Drive and its terminus three hundred feet to the southeast;

3. Lugo Avenue between Palmyra Drive and Ralston Avenue;

4. Thirty-Ninth Street between Lugo Avenue and its terminus two-hundred ninety feet to the east;

5. Thirty-Ninth Street between Palmyra Drive and Belle Street;

6. Ralston Avenue between Waterman Avenue and Sonora Drive;

7. Belle Street between Ralston Avenue and Thirty-Ninth Street;

8. Sonora Drive between Palmyra Drive and its terminus two-hundred sixty feet to the southeast;

9. Sonora Drive between Palmyra Drive and its terminus two-hundred sixty feet to the southeast;

10. Twenty-Fourth Street between Lincoln Drive and "I" Street;

11. Twenty-Fifth Street between Lincoln Drive and "I" Street;

12. Twenty-Sixth Street between Lincoln Drive and "I" Street;

13. "I" Street between Twenty-Third Street and Twenty-Seventh Street;

14. Davidson Street between Tippecanoe Avenue and Richardson Street;

15. Hardt Street between Tippecanoe Avenue and Richardson Street;

16. Gould Street between Tippecanoe Avenue and Richardson Street;

17. Coulston Street between Tippecanoe Avenue and Richardson Street;

18. Tia Juana Street between Fourth Street and Fifth Street;

19. Cabrera Avenue between Fourth Street and Fifth Street;

20. Kingman Street between Tia Juana Street and Mt. Vernon Avenue.

21. Poplar Street between Pepper Avenue and Meridian Avenue.

22. Meridian Avenue between Mill Street and the end of Meridian Avenue north of Walnut Street.

23. Mt. Vernon Avenue between 5th Street and 2nd Street (Mt. Vernon Avenue Bridge), except for commercial pickup trucks, vans, and passenger cars.

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(Ord. MC-1283, 9-03-08)
B. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, et seq., no person shall operate or drive any vehicle exceeding a maximum gross weight limit of ten thousand pounds upon the following streets, and the Director of Public Services shall cause appropriate signs to be erected giving notice of such weight limitation prohibition:

1. Airport Drive;

2. Arrowhead Avenue, between Marshall Boulevard and Kendall Drive; Belleview Street, between "K" Street and "I" Street;
(Ord. MC-1410, 12-01-14)

3. Businesscenter Drive;

4. Commercenter Circle;

5. Commercenter East;

6. Commercenter West;
Congress Street, between "K" Street and "I" Street;
(Ord. MC-1410, 12-01-14)

7. Diners Court;
"I" Street, between Congress Street and the end of "I" Street approximately 300 feet north of Belleview Street (Rialto Avenue);
(Ord. MC-1410, 12-01-14)
"J" Street, between Rialto Avenue and the end of "J" Street approximately 1,000 feet south of Congress Street;
(Ord. MC-1410, 12-01-14)

8. San Bernardino Civic Plaza Access Loop;

9. Sunwest Lane, between Hospitality Lane and "E" Street;

10. Meridian Avenue Between Rialto Avenue and 170 Feet North of 9th Street;

11. Belleview Street between "K" Street and "I" Street;

12. Congress Street between "K" and "I" Street;

13. "J" Street between Rialto Avenue and the end of "J" Street approximately 1,000 feet south of Congress Street;

14. "I" Street between Congress Street and the end of "I" Street approximately 300 feet north of Belleview Street (Rialto Avenue).

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(Ord. MC-1398, 4-21-14)
C. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, 35703, et seq., no person shall operate or drive any commercial vehicle having a manufacturer's Gross Vehicle Weight rating (GVWR) exceeding thirty thousand (30,000) pounds upon the following streets, and the Director of Public Services shall cause appropriate signs to be erected giving notice of such weight limitation prohibition:

1. 40th Street, east of Harrison Street for a distance of five hundred (500) feet;

2. 40th Street, west of Waterman Avenue to Acacia;

3. Valencia Avenue, between 40th Street and 30th Street;

4. Parkside Drive, between 40th Street and 30th Street;

5. Sierra Way, from the Highway 18 junction to 30th Street;

6. Mountain View Avenue, from its merge with Electric Avenue to 30th Street;

7. Electric Avenue, from 40th Street to its merge with Mountain View Avenue;

8. Hospitality Lane, from E Street to Waterman Avenue;

9. Hunts Lane, from Hospitality Lane to E Street

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Barbara Whitehorn, Director of Finance and Management
Services
Department: Finance
Subject: City Manager’s Preliminary Proposed Biennial FY 2024/25 and FY 2025/26 Operating and Capital Budget
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the City Manager’s Proposed Budget for the FY 2024/25 and FY 2025/26 Operating and Capital Budget.

Executive Summary
The City Manager’s Proposed Budget provides the Mayor and City Council with a balanced budget for the Fiscal Years 2024/25 and 2025/26. This staff report and presentation will provide an overview of the City Manager’s proposed operating and capital budgets.

Background
The City has adopted a biennial budget planning process. While this process includes adopting the budget annually, every two years the City goes through the process of budgeting for the full two years, forecasting revenue, expenditures, and capital spending. During the interim years the City completes a more informal mid-biennial update, which includes a review of the forecast considering economic trends, and adjustments to the second-year budget as necessary or as recommended by the City Manager. Fiscal year 2023/24 was an interim year, and FY 2024/25 marks the beginning of a new two-year budget cycle.

Discussion
This overview includes a forecast of revenues, expenditures, and review of fund balance for the General Fund, the capital improvement plan, including ongoing projects, and proposed additions.

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This is the first meeting of three meetings for the biennial budget process. The next meeting, to be held on May 15, 2024, will be the Budget Public Hearing. Finally, the formal adoption of the Budget is proposed to take place on June 5, 2024.

Revenues
Revenues are projected to end FY 2023/24 at approximately $218.6 million. This represents an increase of $10.3 million over the FY 2023/24 adopted budget for revenues of $208.3 million. The City has seen revenue increases year-over-year from sale and use tax and Measure S (transaction and use tax), as well as other revenue streams, including franchise fees, licenses and permits, which includes developer fees driven by increasing development, industrial, commercial and residential within the City, investment income, which is driven by higher interest rates improving the rate of return on the City’s investments, and utility user tax, a revenue that in the last few years has been declining. Utility user tax is a tax on utilities within the city limits. As residential and commercial consumers engage in more conservation behavior regarding energy usage and take advantage of programs that incentivize the purchase of solar panels, utility bills, and therefore the tax collected on the total cost of utilities has declined.

However, in the last two years, the cost of fuel underlying utilities has increased exponentially, driving the cost of utilities up such that this category of revenue increased significantly (19%) in FY 2023/24 and is anticipated to continue to grow over the next two years. This trend is not forecast to continue over the long term.

Cannabis revenues have been surprisingly low over the last year. These revenues have been lower than anticipated primarily due to illegal competition cutting into the profits of legal operations. State-wide the decrease in cannabis tax collections in calendar year 2023 was nearly 9.5%. Experts anticipate that this trend will not continue as the State is expected to crack down on illegal operators.

Below is a table with the forecast revenues for FY 2024/25 and 2025/26.

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Expenditures
FY 2024/25 and 2025/26 expenditures include increases in all departments to ensure that the existing levels of service are maintained, and in some cases increased service levels are recommended. In developing the General Fund Biennial Budget, alignment with the Mayor and City Council’s Strategic Goals was paramount to ensure that programs, projects, and services both uphold the commitments of the Mayor and City Council as well as meeting the needs of the community. The Strategic Goals are below.

The following table summarizes the General Fund FY 2023/24 year-end estimated expenditures, and the proposed expenditures for FY 2024/25 and 2025/26 by department. Following are the individual department increases beyond existing service levels and staffing.

Department FY 2023/24 Amended FY 2024/25 Proposed FY 2025/26 Proposed Mayor 305,812$ 316,585$ 328,257$ City Council 1,092,321 1,219,448 1,266,453City Clerk 1,908,667 1,836,372 1,874,739Legal Services 5,309,583 5,181,587 5,536,580General Government 11,131,069 10,420,266 13,194,135Transfer out to Animal Services 4,269,976 7,547,205 8,535,050City Manager 3,420,261 5,156,385 5,708,085Human Resource & Risk Management 3,059,953 2,784,522 3,042,376Finance & Management Services 5,671,902 6,612,495 7,241,806Economic Development 498,790 1,785,363 2,002,329Special Assessment District 150,000 150,000 150,000Capital Improvement Operating Contribution 950,618 - -Community Development & Housing 14,039,199 14,808,952 16,192,944Police 119,810,135 131,704,344 137,046,166Parks Recreation & Community Services 5,448,878 6,000,401 6,389,934Public Works 34,863,813 35,591,030 37,647,120Library Services 2,933,028 4,975,029 4,952,283Total General Fund Expenditures 214,864,005$ 236,089,984$ 251,108,257$ CITY OF SAN BERNARDINO PROPOSED EXPENDITURESFY 2024/25 & FY 2025/26

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Parks, Recreation and Community Services Investments
Focus areas for the Parks, Recreation and Community Services Department include improvements to the City’s parks, community centers, ensuring access to services for seniors, increasing the services offered at the parks and community centers, and adding to youth sports and aquatics.

Parks and Recreation added six (6) positions in FY 2023/24, including the four (4) positions for the Park Ranger Program that were later transferred to the Police Department. These and the other two (2) positions, the Deputy Director, and a Community Recreation Program Supervisor, were intended to improve the quality of service to the community and the ability of our Parks and Recreation staff to provide service within our parks. As discussed, the Parks Ranger programs has been shifted to the Police Department and hiring for that program is underway.

Parks and Recreation has two (2) Program Coordinator positions with the Mid-Year follow-up item before Mayor and City Council this evening, April 17, 2024. These two positions are grant funded through December 31, 2024, after which the City will need to find additional grant funding, fund the positions within the General Fund, or not fund the positions. Given the need for the positions to continue to expand and improve service to the community, the latter option is not recommended.

The Parks, Recreation and Community Services budget is proposed to increase just over 10% for FY 2024/25, from $5.45 million to $6.00 million, and increase another

6.5% in FY 2025/26, not inclusive of any potential grants or new programming. The department’s proposed full-time equivalent positions amount will be 29.

Library Services
The Library Services Department focus areas include continuing to increase staffing in the branch libraries, increasing resources for the community, recruitment and retention and staff training and development.

The Libraries are still well under the staffing level they enjoyed before the City declared bankruptcy in 2012. While the City has developed efficiencies as a lean organization, Library Services faces challenges that are a direct result of understaffing.

During FY 2023/24, Library Services added two (2) full-time positions, one (1) Library Technician and one (1) Management Analyst. While the positions added over the last three years have allowed the libraries to expand hours and improve service, they are still behind and require additional support to provide the level of service that the community deserves.

The Library Services Department is requesting one (1) additional Library Technician to continue to improve branch service levels. The annual cost is approximately $82,787 with salary, benefits, and other costs (IT, office supplies, etc.).

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The Library Services Budget is proposed to increase 70% from FY 2023/24 Amended Budget of $2,933,028 to the Proposed 2024/25 Budget of $4,975,029, as the City invests more in library operations, services, and technology. The FY 2025/26 Budget remains steady year-over-year.

The Library Network Administrator and the Library Network Technician full-time equivalent positions will be transferred from Library Services to the IT Department. The technology within the libraries requires significant upgrades to both hardware and software. Moving the positions to the IT department should allow more effective and efficient management of the upgrade process.

With the addition of one position and the transfer out of two, the total Library Service staff will be 21 full-time equivalent positions.

Investing in Public Works, Operations and Maintenance
Focus areas for the Public Works Department include clean and safe streets, infrastructure resilience, community outreach and education, and environmental stewardship. Department management is also focused on recruitment and retention since operational challenges due to understaffing are an ongoing issue.

Public Works is requesting the following additional positions: one (1) Engineering Technician and one (1) NPDES Inspector II. The breakdown of costs for these positions is below.

Five (5) total positions were added for Public Works in FY 2023/24. These were one (1) Land Development Engineer, three (3) Engineering Project Managers, and one (1) Capital Projects Manager.

The Public Works FY 2024/25 Proposed Budget is $35,591,030, a 2.1% increase over the FY 2023/24 Amended Budget. It should be noted that the Public Works proposed budget decreased by the amount of the city-wide security contract, which was transferred to the Police Department. This contract is approximately $2 million annually, which represents a 5% decrease in the Public Works budget. If the security contract is not factored into the FY 2023/24 budget, the increase year-over-year is approximately 8%.

The total staffing for the Public Works Department will be 143 full-time equivalent Number Title
Annual Salary &
Benefits Total
1 Engineering Technician 98,029 98,029
1 NPDES Inspector II 114,640 114,640
NPDES Software & Hardware 149,497 149,497
IT and Other Costs (per position) 5,000 10,000
372,166

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positions.

Public Safety Investments – Police
Focus areas for the Police Department are quality of life for the community, public engagement, organizational effectiveness, employee development, recruitment, and retention.

The Police Department added thirteen (13) critical positions during FY 2023/24, not including the three (3) Park Ranges and one (1) Park Ranger Supervisor, which were initially added to the Parks and Recreation Department and then later transferred to the Police Department. There are also eleven (11) positions that have been brought forward with the item that is before the Mayor and Council this evening, April 17, 2024.

Within the 11 positions, there are 3 Police Dispatchers.

A recent study conducted to evaluate the number of staff needed to effectively respond to calls for service determined that the police dispatch center is significantly understaffed given the number of calls for service. Considering the result of the study, the Police Department is requesting an additional four (4) Police Dispatchers (in addition to the three mentioned above), one (1) Police Dispatch Supervisor, and one (1) Police Dispatch Manager, for a total of six (6) positions and a budgetary impact of $692,455. The breakdown is below.

The Police Department is also requesting an ongoing operational increase of $700,000 to contract custodial transport services to transport individuals who have been arrested to the County facility in Rancho Cucamonga. Currently, patrol officers must transport individuals to the facility, which takes a great deal of time that could be better used. A custody transport service will transport multiple individuals at once and remove the need for patrol officers to take this time from their day.

The Police Department’s FY 2024/25 Proposed Budget is $131,704,334, a 9.9% increase over FY 2023/24. This increase includes the addition of the $2 million city- wide security contract, which was previously included in the Public Works budget, and the $506,000 Park Ranger Program which was previously included in the Parks and Recreation budget. These transfers account for 21% of the increase. The Quality-of- Life Team, added with the Strategic Initiatives in October of 2023, accounts for another 13%.

Number Title
Annual Salary &
Benefits Total
4 Police Dispatchers 97,950 391,800
1 Police Dispatch Supervisor 120,847 120,847
1 Police Dispatch Manager 137,011 137,011
Training & Education 2,132 12,796
IT and Other Costs (per position) 5,000 30,000
692,455

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The Police Department will have 460 full-time equivalent positions. If the 14 full-time equivalent positions proposed in the previous item before the Mayor and City Council are approved, the Police Department will then have 474 full-time equivalent positions.

Human Resources & Risk Management and Finance & Management Services Human Resources and Finance are internal service departments. Internal service departments ensure that the departments that are public facing have the adequate resources and support that they need. Internal service departments include not only Human Resources and Finance, but also Information Technology Services. Human Resources and Finance are included in the General Fund Budget and IT is a separate Internal Service Fund.

Focus areas for Human Resources & Risk Management include policy updates, the organization-wide classification and compensation study, and improvements to the recruitment and onboarding process.

The HR department is requesting the addition of one (1) Senior Office Assistant to assist with administrative tasks. HR is responsible for a significant amount of confidential information and files that are required by law to be maintained for a specific number of years, depending on the type of information. This Senior Office Assistant will be invaluable in helping the department ensure that all confidential information is appropriately maintained according to law.

HR added the following positions in FY 2023/24, one (1) HR Technician, one (1) HR Analyst II, and one (1) Supervising HR Analyst, for a total annual ongoing cost of $321,551.

With the addition of the above, the total Human Resources and Risk Management staffing will be 18 full-time equivalent positions.

Finance and Management Services focus areas include recruitment and retention, employee development, and continuing to update policies. Since 2021 the department has updated the Investment Policy, the Travel Policy, the Reimbursement Policy, the Cash Handling Policy, the Procurement Card Policy, the Purchasing Policy, and others; however, there remain policies that are outdated or need additional refining.

Finance is requesting the addition of one (1) Accounting Technician III. This position will aid the department with basic accounting duties, allowing higher-level accountants Number Title
Annual Salary &
Benefits Total
1 Senior Office Assistant 69,959 69,959
IT and Other Costs (per position) 5,000 5,000
74,959

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to focus more on journal entries and more complex tasks.

Finance added one (1) Payroll Technician with the FY 2023/24 Budget for a total cost of $77,849.

Finance is recommending the transfer of the Enterprise Resource Planning (ERP) Manager position to the Information Technology Services Department to ensure that the planning and transition to the new software goes smoothly. With the transfer of this position and the addition of the above position, the total staff in the Finance & Management Services Department will be 31 full-time equivalent positions.

Other Funds
Animal Services, Investing in Regional Partnerships
Animal Services continues to focus on community education, improving access to spay and neuter services and working to find a full-time veterinarian to work with the shelter.

The shelter has improved outcomes for animals in its care, and has now entered regional partnerships with Fontana, Rialto, Colton, Loma Linda, and Grand Terrace.

Starting July 1, these partnerships are anticipated to double the number of animals that the shelter cares for.

The City has been preparing for this increase for the last several months, hiring additional staff and increasing capacity at the shelter. On December 6, 2023, the Mayor and City Council approved the hiring of 31 additional positions in Animal Services, and three positions were authorized as part of the Strategic Initiatives on October 18, 2023, for a total of 34.

The partner cities will pay for the cost of sheltering the animals that are brought into the City’s shelter on their behalf and will be making capital contributions to the improvements to the shelter facility.

Number Title
Annual Salary &
Benefits Total
1 Accounting Technician III 89,677 89,677
IT and Other Costs (per position) 5,000 5,000
94,677
Fund FY 2023/24 Amended FY 2024/25 Proposed FY 2025/26 ProposedAnimal Services 7,278,049$ 10,509,218$ 11,551,824$ Internal Service Funds Information Technology 12,597,832$ 9,549,488$ 9,893,993$ Fleet Services 6,712,714$ 6,127,814$ 6,493,376$ Liability 9,179,220$ 20,886,563$ 21,916,216$ Workers Compensation 5,566,631$ 5,706,139$ 5,919,373$

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The department added the following positions in FY 2023/24 to prepare for the regional partnerships:

The Animal Services Department FY 2024/25 Proposed Budget is $10,509,218, an increase of 44% over the FY 2023/24 Amended Budget of $7,278,048. This increase will allow the City to significantly expand the services provided to the community, as discussed above, and be ready for the increase in animals from the new regional partnerships. The Budget for FY 2025/26 is proposed to increase by 10% year-over- year to $11,551,824.

The total number of staff in the Animal Services Department in FY 2024/25 will be 71 full-time equivalent positions.

Information Technology Fund
As discussed above, the Information Technology Fund is an Internal Service Fund.

Costs associated with this fund are charged to the departments within the General Fund and the Animal Services Fund.

IT is currently focused on upgrading the City’s IT infrastructure, with an emphasis on cybersecurity. Funds are allocated annually to replacing aging servers, switches, and other critical hardware to ensure that the City is not at risk. Additionally, the department conducts ongoing risk assessments and provides training to personnel city-wide to prevent cyberattacks, rather than waiting to mitigate damage after the fact.

The FY 2024/25 IT Services Budget is $9,549,488. This is a decrease of just over $3 million from the FY 2023/24 Amended Budget; however, the funding for the ERP implementation budget is encumbered and will carry over into FY 2024/25.

IT is not requesting any new positions; however, the Inland Empire Media Group (IEMG), with one (1) full-time equivalent position, and several part-time positions, is being transferred from the General Government department in the General Fund to the

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IT Fund, and two (2) full-time equivalent Library IT positions, the Library Network Administrator and the Library Network Technician, currently in the Library Services Department, are also moving to the IT Services Fund and the employees will be managed by the IT Department. Additionally, as discussed above, the ERP Manager position is moving from Finance to IT. These transfers will increase the IT staffing level from 15 full-time equivalent positions to 19.

Attached to this report is a list of all positions added in FY 2023/24 with the exception of those included in this report (which would be added in FY 2024/25) and those recommended with the item before the Mayor and Council tonight, April 17, 2024.

Attachment 2 – List of FTE Positions Added in FY 2024.

Fleet Services
The FY 2024/25 Budget is $6.1 million. The Proposed FY 2024/25 Budget is an increase over the adopted budget, the amended budget includes contracts that were not fulfilled before the end of FY 2022/23.

Workers Compensation Fund
The Workers Compensation Fund has historically been consistent in its annual increases year-over-year. The increase from FY 2023/24 to FY 2024/25 is approximately 3%. The estimated increase from FY 2025 to FY 2026 is approximately 4%.

Liability Fund
The Liability Fund has experienced significantly increased claims in the last 12 to 18 months. Staff recommended an increase during the Mid-Year FY 2023/24 report of $7 million to complete the fiscal year. With stop-loss insurance that does not begin until a claim reaches a $5 million threshold, lawsuits against the City can be extremely expensive. The Liability Fund budget must be increased to ensure that the funds are available to meet the need.

As older existing claims against the City are settled, staff anticipates that the need for this fund to have a budget of this magnitude will no longer be necessary.

Capital Improvement Plan and Projects
The Capital Improvement Plan (CIP) includes ongoing and proposed new projects.

There are currently 71 ongoing active projects, which limits the capacity to add new projects.

Ongoing projects include (but are not limited to) projects in the following categories and Wards:

Buildings:
•The California Theatre Renovation (Ward 1)
•Encanto Community Center Renovation (Ward 1)
•Feldheym Library Improvements (Ward 1)

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Parks & Recreation:
•Guadalupe Park/Sal Saavedra Field (Ward 1)
•Seccombe Lake Park (Ward 1)
•Roosevelt Bowl Rehabilitation (Ward 2)
•Speicher Park Ballfields & Parking Lot Improvements (Ward 2) •Speicher Park Eastside Skate Park (Ward 2)
•Nicholson Park Improvements (Ward 6)
Streets and Bridges:
•Mt Vernon Bridge Replacement (Ward 1)
•Cross Street Bridge Replacement (Ward 2)
•University Parkway and I-215 Diverging Diamond Interchange (Ward 5 & 6) •Route I-210 at Waterman Avenue Interchange Improvements (Ward 7) •Pepper Avenue Rehabilitation (Multiple Wards)
•Street Rehabilitation at Twenty-One Locations (Multiple Wards) •Street Rehabilitation at Three Locations (Multiple Wards) Storm Drains
•Mt. Vernon Storm Drain (Ward 6)
•Sierra Way Storm Drain (Ward 7)
Traffic
•Genevieve & Ralston Circuits Upgrade (Ward 7)
•Dilemma Zone Detection at 49 Intersections (Multiple Wards) •224 Intersection Hardware Signal Upgrades (Multiple Wards) Within the ongoing projects, a few require additional funding due to unforeseen circumstances including unexpected delays, environmental hazards, increasing costs of materials and labor or changes in the project scope. Those projects are as follows:

California Theatre Renovation, Anne Shirrells Park Gazebo, and the Speicher Park Ballfields & Parking Lot Improvements.

All three are proposed to be funded by the General Fund.

The following are newly proposed projects for FY 2024/25:

Project Ward Status
FY 2024/25
Funding
California Theatre Renovation 1 Design 1,000,000
Anne Shirrells Park Gazebo 6 Construction 25,000
Speicher Park Imp. (Ballfields, Parking Lot) 2 Design 1,300,000 2,325,000$

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Nicholson Park Community Center is proposed to be funded by the General Fund. The other two projects are proposed to be funded from RMRA Gas Tax, and Local Regional Circulation funds as well as possibly supplemented by the General Fund.

The five-year CIP Budget and Planning document is attached to this report, Attachment 3 – 5-year CIP.
2021-2025 Strategic Targets and Goals
The ongoing review of budget priorities and strategies aligns with all four key Mayor and City Council Strategic Goals and Priorities.

Fiscal Impact
No fiscal impact is associated with this report. The FY 2024/25-2025/26 Budget includes capital spending which is, in part, funded by reserves (fund balance). These reserves have been previously designated for capital projects by the Mayor and City Council.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the City Manager’s proposed budget presentation for the FY 2024/25 and FY 2025/26 Operating and Capital Budget.

Attachments
Attachment 1 – Presentation, City Manager’s Proposed Budget - Fiscal Years 2024/25 - 2025/26
Attachment 2 – List of FTE Positions Added in FY 2024
Attachment 3 – 5-year CIP
Ward:

All Wards
Synopsis of Previous Council Actions:

None
Project Ward FY 2024/25 FY 2025/26
Nicholson Park Community Ctr Ph. 2 6 1,000,000 -
28th Street Traffic Calming 7 170,500 130,000
Median on Rialto at Metrolink RR Xing 3 70,000 265,000
1,240,500$ 395,000$

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FY 2024/25 and FY 2025/26
City Manager’s Proposed Budget
Barbara Whitehorn, Director of Finance & Management
Services
Zuyva Ruiz, Budget Division Manager
April 17, 2024

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Proposed Budget Overview
Presentation Overview
• Budget Timeline
• FY 2025 & FY 2026 Revenue Forecast
• Recommended Expenditure Budget
• Expenditure Details
• Fund Balance Forecast
• Proposed Capital Improvement Plan and Funding
• Discussion & Next Steps

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Budget Adoption Timeline
Date Purpose
April 17, 2024 Presentation of City Manager’s Proposed Operating & CIP Budget May 15, 2024 Budget Hearing – Proposed Budget
June 5, 2024 Budget Adoption
City Council Budget Meetings

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FY 2025 & FY 2026 Revenues

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FY 2025 & FY 2026 Revenues
Category Breakdown
• Sales & Use Tax (25%)
• Measure S Transaction & Use Tax (23%)
• Utility User Tax (12%)
• Property Tax in Lieu of VLF (11%)
• Licenses & Permits (7%)
• Franchise Tax (6%)
• Charges for Services (4%)

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FY 2024/25 – 2025/26
Recommended Expenditure Budget

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Aligning Strategic Goals & The Budget

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FY 2025 & FY 2026 Proposed Expenditures

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General Fund Expenditures
• 88 positions added in FY 2023/24
• Strategic and City Manager initiatives
• Goal of decreasing reliance on contract staff and outsourcing • Investment in the community  and services
• Public Safety
• Library Hours and Services
• Youth Sports
• Senior Services
• Code, Permitting and Planning Services

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Parks, Recreation & Community Service
Investments
Focus Areas:
• Recreation & Community Events
• Senior Services
• Special Events
• Aquatics & Youth Sports
• Services Offered at Parks & Community Centers
FY 2024 Amended FY 2025 Proposed FY 2026 Proposed
$5,448,878 $6,000,401 $6,389,934

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Library Services Investments
Focus Areas:
• Increased Staffing in Branch Libraries
• Increase Resources for the Community
• Books, computer access, eBooks, audiobooks
• Recruitment and Retention; Staff Training & Development FY 2024 Amended FY 2025 Proposed FY 2026 Proposed
$2,933,028 $4,975,029 $4,952,283
• Management of Library IT Services Division moving IT Dept

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Library Services Investments
• Additional Position Requested:
• 1 Full-time Library Technician
• Continue to improve service to the community
FY 2025 Estimated Cost
(all-in)
FY 2026 Estimated Cost
(all-in)
$82,787 $92,102
• Total Library Staffing: 21 FTE
• Inclusive of 2 positions transferred to IT

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Public Works Ops & Maintenance
Investments
Focus Areas:
• Clean & Safe Streets
• Infrastructure Resilience
• Employee Training, Development & Recognition
• Community Outreach & Education
• Environmental Stewardship
FY 2024 Amended FY 2025 Proposed FY 2026 Proposed
$34,863,813 $35,591,030 $37,647,120

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Public Works Ops & Maintenance
Investments
• Additional Positions Requested:
• 1 Full-time Engineering Technician
• 1 NPDES Inspector II
• One-Time software & hardware cost in FY 2024/25
FY 2025 Estimated Cost
(all-in)
FY 2026 Estimated Cost
(all-in)
$372,166 $315,521
• Total Public Works Staffing: 143 FTE

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Public Safety Investments - Police
Focus Areas:
• Quality of Life
• Organization Effectiveness
• Employee Development
• Public Engagement
• Recruitment and Retention (civilian and sworn)
FY 2024 Amended FY 2025 Proposed FY 2026 Proposed
$119,810,135 $131,704,344 $137,046,166

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Public Safety Investments – Police
• Additional Positions Requested:
• 4 Police Dispatchers
• 1 Police Dispatch Supervisor
• 1 Police Dispatch Manager
FY 2025 Estimated Cost
(all-in)
FY 2026 Estimated Cost
(all-in)
$692,455 $757,485
• Total Police Staffing: 460 FTE

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Human Resources & Risk Mgmt.

Investments Focus Areas:
• Policy Updates
• Classification & Compensation Study
• Recruitment and Retention
• Employee Training
FY 2024 Amended FY 2025 Proposed FY 2026 Proposed
$3,059,953 $2,784,522 $3,042,376

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Human Resources & Risk Mgmt.

Investments
• Additional Position Requested:
• 1 Senior Office Assistant
FY 2025 Estimated Cost
(all-in)
FY 2026 Estimated Cost
(all-in)
$74,959 $83,099
• Total HR Staffing: 18 FTE

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Finance & Mgmt. Services Investments
Focus Areas:
• Employee Development
• Recruitment and Retention
• Policy Updates
FY 2024 Amended FY 2025 Proposed FY 2026 Proposed
$5,671,902 $6,612,495 $7,241,806
• ERP Manager position moving IT Dept

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Finance & Mgmt. Services Investments
• Additional Position Requested:
• 1 Accounting Technician III
FY 2025 Estimated Cost
(all-in)
FY 2026 Estimated Cost
(all-in)
$94,677 $108,879
• Total Finance Staffing: 31
• Inclusive of Transferring ERP Manager to IT Dept.

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Investing in Animal Services
Focus Areas:
• Community Education
• Spay and Neuter Program; Mobile Veterinary Unit
• Regional Partnerships
FY 2024 Amended FY 2025 Proposed FY 2026 Proposed
$7,278,049 $10,509,218 $11,551,824
• Regional Partners will be contributing for the animal they bring to the Shelter

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Personnel Investments – 14 positions
FY 2025 Estimated Cost FY 2026 Estimated Cost
$1,317,044 $1,357,086

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FY 2025 & FY 2026 Personnel
Summary
Total Budgeted Full-Time Positions: 926 *
* Does not assume additions in FY 2025/26
* Does not include other additions that may be added on April 17, 2024

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FY 2022/23
FY 2023/24, FY 2024/25 – 2025/26
Fund Balance Review and Forecast

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Fund Balance – June 30, 2023
General Fund Balance as of June 30, 2023:
all funds non-spendable, restricted, reserved, or committed for capital projects

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Fund Balance – June 30, 2024

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Fund Balance – June 30, 2025

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Fund Balance – June 30, 2026

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Capital Improvement Program

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Capital Improvement Program
Capital Improvement Program – Primary Funding
Sources
• Measure I
• Street Maintenance (transportation improvements) ½ cent sales tax • Development Impact Fee Funds
• Regional Circulation System Fund
• Storm Drain Construction Fund
• Measure S
• SB-1 Gas Tax Fund
• Highway Safety Improvement Program (HSIP Grant)

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Capital Improvement Program
Criteria
• Health and Safety
• Asset Condition (i.e., Pavement Condition)
• Community Service and Programming Needs
• Deferred Maintenance
• Compliance/Legal Requirements (i.e., ADA Improvements)

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Project Delivery Phases
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Project Delivery Workflow Process
33 Project Planning
(6 months to 1
year)
Design
(6 months to 1
year)
Advertise and Award
(3 months)
Construction
(6 months to 1.5
years)
Project Close-out
(3 months)

PLANNING DESIGN CONSTRUCTION
2 years to 4 years

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Capital Improvement Projects by
Category
Project Category Types:
34 71 Active Projects – Approximately $116.5M
• Streets
• Parks
• Buildings
• Traffic
• Storm Drain
• Environmental /
Integrated Waste
• Police
• Others

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Capital Improvement Projects by Category
35 Packet Page.
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Capital Improvement Projects by Funding
36 Packet Page.
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37 Ongoing Projects
§ Buildings
• California Theatre Renovation (Ward 1)
• Encanto Community Center Improvements (Ward 1)
• Police Locker Room Renovation (Ward 1)
• Feldheym Library (Ward 1)
§ Parks and Recreation
• Guadalupe Park (Sal Saavedra Field)(Ward 1)
• Seccombe Lake Park Improvements (Ward 1)
• Roosevelt Bow Rehabilitation (Ward 2)
• Speicher Park Ballfield Improvements (Ward 2)
• Speicher Park Eastside Skate Park (Ward 2)
• Nicholson Park Improvements (Ward 6)

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38 Ongoing Projects
§ Streets
• Mt Vernon Bridge Replacement (Ward 1)
• Cross Street Bridge Replacement (Ward 2)
• University Parkway and I-215 Diverging Diamond Interchange (Ward 5 & 6)
• Route I-210 at Waterman Avenue Interchange Improvements (Ward 7) • Pepper Avenue Rehabilitation (Multiple Wards)
• Street Rehabilitation at Twenty-One Locations (Multiple Wards) • Street Rehabilitation at Three Locations (Multiple Wards) § Storm Drains
• Mt. Vernon Storm Drain (Ward 6)
• Sierra Way Storm Drain (Ward 7)
§ Traffic
• Genevieve & Ralston Circuits Upgrade (Ward 7)
• Dilemma Zone Detection at 49 Intersections (Multiple Wards) • 224 Intersection Hardware Signal Upgrades (Multiple Wards)

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Capital Improvements: Upcoming & New
Investing in the Future
39 Capital funding needs for FY 2024/25 and
2025/26

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Ongoing Project Funding Needs
California Theatre
(Ward 1)
• Existing Budget:
$4,500,000
• Additional funding
needed
• FY 2024/25: $1,000,000
• FY 2025/26: N/A
• Proposed source of
funds: General Fund

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Ongoing Project Funding Needs
Speicher Park Ballfields and
Parking Lot upgrades
(Ward 2)
• Existing Budget: $1,751,468
• Additional funding needed
• FY 2024/25: $1,300,000
• FY 2025/26: N/A
• Proposed source of funds:

ARPA, other Federal Grant
Programs

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New Project Funding Needs
• Nicholson Park Community Center (Ward 6)
• Funding needed
• FY 2024/25: $1,000,000
• FY 2025/26: N/A
• Proposed source of funds: General fund
• Anne Shirrells Park Gazebo (Ward 6)
• Funding needed
• FY 2024/25: $25,000
• FY 2025/26: N/A
• Proposed source of funds: General Fund

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New Project Funding Needs
• 28th Street Calming (Ward 7)
• Funding needed
• FY 2024/25: $170,500
• FY 2025/26: $130,000
• Proposed source of funds: RMRA Gas Tax, Regional Circulation • Median on Rialto at Metrolink RR Crossing (Ward 3)
• Funding needed
• FY 2024/25: $70,000
• FY 2025/26: $265,000
• Proposed source of funds: General Fund (FY 2024/25) Local Regional Circulation Fund (FY 2025/26)

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Project Funding Summary

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Budget Adoption – Next Steps
Date Purpose
April 17, 2024 Presentation of City Manager’s Proposed Operating & CIP Budget May 15, 2024 Budget Hearing – Proposed Budget
June 5, 2024 Budget Adoption

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Discussion & Next Steps

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Date Department Position Title Annual Cost Initiative Program Resolution 6/21/2023 Finance & Mgmt. Services 1 Payroll Technician 77,849 FY 23/24 Adopted Budget N/A 2023-080 6/21/2023 Human Resources 1 Human Resources Technician 73,337 FY 23/24 Adopted Budget N/A 2023-080 6/21/2023 Information Technology 1 Network Systems Administrator 153,417 FY 23/24 Adopted Budget N/A 2023-080 8/16/2023 Public Works 1 Capital Project Manager 173,796 N/A N/A 2023-129 10/18/2023 Animal Services 1 Deputy Director of Animal Services 204,001 Strategic Initiatives Animal Services 2023-157 10/18/2023 Animal Services 1 Registered Vet Technician 81,259 Strategic Initiatives Animal Services 2023-157 10/18/2023 Animal Services 1 Veterinary Assistant 66,554 Strategic Initiatives Animal Services 2023-157 10/18/2023 City Manager 1 Legislative and Governmental Affairs Manager 173,873 Strategic Initiatives Advocacy 2023-157 10/18/2023 Comm. Dev. & Housing 1 Housing Division Manager 187,022 Strategic Initiatives Housing & Homelessness 2023-157 10/18/2023 Comm. Dev. & Housing 1 Principal Accountant 147,067 Strategic Initiatives Housing & Homelessness 2023-157 10/18/2023 Comm. Dev. & Housing 1 Management Analyst II 119,948 Strategic Initiatives Housing & Homelessness 2023-157 10/18/2023 Comm. Dev. & Housing 1 Senior Planner 146,441 Strategic Initiatives Planning Services 2023-157 10/18/2023 Comm. Dev. & Housing 1 Associate Planner 126,823 Strategic Initiatives Planning Services 2023-157 10/18/2023 Comm. Dev. & Housing 1 Planning Aide 99,826 Strategic Initiatives Planning Services 2023-157 10/18/2023 Comm. Dev. & Housing 1 Administrative Assistant 80,549 Strategic Initiatives Planning Services 2023-157 10/18/2023 Community Dev. & Housing 1 Community Development Ombudsperson 138,122 Strategic Initiatives One Stop 2023-157 10/18/2023 Community Dev. & Housing 1 Senior Customer Service Representative 95,987 Strategic Initiatives One Stop 2023-157 10/18/2023 Economic Development 1 Economic Development Director 280,376 Strategic Initiatives Economic Development 2023-157 10/18/2023 Economic Development 3 Economic Development Managers 558,654 Strategic Initiatives Economic Development 2023-157 10/18/2023 Economic Development 1 Administrative Assistant 80,549 Strategic Initiatives Economic Development 2023-157 10/18/2023 Parks & Recreation 1 Deputy Director of Parks & Recreation 204,001 Strategic Initiatives Park Services 2023-157 10/18/2023 Parks & Recreation/PD 3 Park Rangers - amount included below Strategic Initiatives Quality of Life - Park Rangers 2023-157 10/18/2023 Parks & Recreation/PD 1 Park Ranger Supervisor - TOTAL for Program 505,900 Strategic Initiatives Quality of Life - Park Rangers 2023-157 10/18/2023 Police 1 Sergeant - amount included below Strategic Initiatives Quality of Life - PD Team 2023-157 10/18/2023 Police 1 Detective - amount included below Strategic Initiatives Quality of Life - PD Team 2023-157 10/18/2023 Police 6 Officers - TOTAL for Program 1,575,486 Strategic Initiatives Quality of Life - PD Team 2023-157 10/18/2023 Public Works 1 Land Development Engineer 171,613 Strategic Initiatives Public Works Services 2023-157 10/18/2023 Public Works 3 Engineering Project Managers 514,839 Strategic Initiatives Public Works CIP 2023-157 12/6/2023 Animal Services 8 Animal Shelter Attendants 589,024 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 1 Animal Services Manager 135,851 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 2 Animal Services Supervisor 222,678 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 1 Veterinarian 223,016 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 2 Registered Vet Technicians 199,186 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 3 Veterinary Assistants 248,358 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 7 Senior Animal Service Representatives 554,253 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 2 Animal Services Representatives 147,256 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 5 Community Service Program Coordinators 475,035 Regional Partnerships N/A TBD 4/17/24 12/6/2023 City Manager 2 Deputy City Manager 596,850 N/A N/A 2023-179 2/21/2024 City Manager 1 Auditor I 109,811 N/A N/A 2024-032 2/21/2024 City Manager 1 Auditor II 122,539 N/A N/A 2024-032 2/21/2024 Economic Development 1 Deputy Director of Economic Development 193,900 N/A N/A 2024-032 2/21/2024 Human Resources 1 Supervising Human Resources Analyst 136,749 N/A N/A 2024-032 2/21/2024 Human Resources 1 Human Resources Analyst II 111,465 N/A N/A 2024-032 3/6/2024 Comm. Dev. & Housing 1 Homeless Solutions Manager 168,632 N/A N/A 2024-037 3/6/2024 Comm. Dev. & Housing 1 Homeless Services Assistant 69,954 N/A N/A 2024-037 3/20/2024 Comm. Dev. & Housing 1 Building Inspector I 92,520 Mid-Year Budget N/A 2024-054 3/20/2024 Library 1 Library Technician I 62,089 Mid-Year Budget N/A 2024-054 3/20/2024 Library 1 Management Analyst I 100,128 Mid-Year Budget N/A 2024-054 3/20/2024 Parks & Recreation 1 Community Recreation Program Supervisor 106,296 Mid-Year Budget N/A 2024-054 3/20/2024 Police 1 Accounting Technician I 68,245 Mid-Year Budget N/A 2024-054 3/20/2024 Police 1 Police Records Supervisor 94,307 Mid-Year Budget N/A 2024-054 3/20/2024 Police 3 Police Records Technician 58,770 Mid-Year Budget N/A 2024-054 88 10,924,201$
Positions Added in FY 2023/24 (not including proposed positions)

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Budget
Through
Project
5th Street Senior Center
Category
Building
Building
Building
Building
Building
Building
Building
Building
Building
Building
Building
Building
Building
Building
Building Total
Environmental
Environmental
Environmental Total
Other
Other Total
Parks
Parks
Parks
Parks
Parks
Parks
Parks
Parks
Ward Status FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 Funding Source 1 1
Construction
Design
-
4,500,000
199,950
300,000
3,282,801
-
- -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Measure S
General Fund
Measure S
Measure S
California Theatre Renovation
Carousel Mall Demolition
City Hall Rehabilitation
Encanto Community Center
Encanto Community Center
Feldheylm Library Painting
Feldheym Central Library Revitalization
Hernendez Center Security Fencing
Navigation Center
1,000,000
1 1
1 Construction
Planning
Design
-
-
-
-
-
-
-
-
- - Donation Fund, CDBG, CDBG-CV 3, Cultural Dev. Const.

CDBG, Grants, Other
Measure S
State Grant
Measure S
1 New 500,000 4,500,000
200,0001 New - -
-
-
-
-
-
-
1 1
All
6 Construction
Planning
Construction
New
6,409,370
250,000
12,116,400
-
400,000
-
-
-
-
-
-
-
-
ARPA
Nicholson Park Community Center Ph. 2
One Stop Permitting Center
Police Range
1,000,000 General Fund
Public Use Facilities Fund
Police Facilities
Library Facilities
1 2
Planning
New
-
600,000 -
Villasenor Branch Library Security Cameras 1 New - - 100,000 100,000
250,000
125,000
625,000$ 27,458,521
20,001
1,515,448
1,535,449
5,160,000
5,160,000
-
$ 2,600,000
250,000
$ $ $ 4,700,000 $
Montgomery Ward Service Center Soil Vapor Extraction
Street Sweeping Signage Program
1 All
Planning
Planning
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Special Revenue Funds
Measure S- -
$
$
$
$
250,000 $
$
250,000 $
$
$
$
$
$
Water Infrastructure Improvement - Lead Connectors All Construction - -
-
-
-
-
ARPA
Anne Shirrells Park Gazebo
Blair Park: Fitness Court, Dodgers Dream Field (3 fields) Bobby Vega Park Improvement
Delmann Heights Park Field and Track Ph. 1-3
Expansion of Walking Trail - Electric & 40th
Guadalupe Ph. 2 - Concessions, Restrm, Press Box, Parking Lot Jerry Lewis Swim Center Improvements
Lytle Creek Futsal Field
Nicholson Park Improvements
Norton Gym Facility Upgrade
Parks Master Plan
Pioneer Memorial Cemetery and Seccombe Lake Park Fencing Roosevelt Bowl Rehabilitation
Route 66 Centennial
Ruben Campos Community Center Parking Lot Demo
Sal Saavedra Park, Guadalupe Field
Seccombe Lake Park Improvements
Speicher Park - East Side Skate Park
Speicher Park Baseball Field - Phase 2 and Phase 3
Speicher Park Improvements (Ballfields, Parking Lot)
Speicher Park Multipurpose Field Lighting Installation
Speicher Park Soccer and Multi-Field
Verdemont Community Center
6 5
1 Construction
Planning
Planning
New
25,000 General Fund
- -
-
-
Federal Grant Programs, Dodgers Grant, Cultural Dev. Const.

Federal Grant Programs250,000
-
-
6 500,000 2,000,000 600,000 2,200,000 AB 1600 Parkland
7 New -
-
-
-
-
-
-
-
-
-
350,000 1,650,000
500,000
2,500,000
- -
-
-
-
-
-
-
-
-
-
-
-
-
-
AB 1600 Parkland
AB 1600 Parkland1 New -
-
-
-
-
-
-
-
1,000,000
1,500,0002
3 6
1 Planning
Planning
Construction
Planning
Planning
Construction
Planning
New
500,652
593,707
9,600,268
30,000
102,600
212,860
2,590,325
-
625,000
803,087
8,652,767
772,780
-
Measure S, UNFUNDED out years
ARPA
ARPA, CDBG, Liability Insurance Fund
Cultural Development Construction
Measure S
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Parks
Parks
Parks
Parks
All
1 Measure S
Parks 2 - Measure S, ARPA, County Grant
Cultural Development Fund, AB 1600 Parkland
Measure S
County Grant
ARPA, Federal Grants
Measure S, AB 1600 Parkland
Parks
Parks
1,6
1 500,000 2,000,000
Planning
Design
- -
-
-
-
Parks
Parks
Parks
Parks
Parks
Parks
Parks
Parks
1 1,200,000 -
-
-
1 Design -
2 Design 500,000
2 New - - 1,000,000 7,000,000 AB 1600 Parkland
2 Design 1,751,468
1,083,393
-
1,300,000 -
-
-
-
-
-
-
- -
-
ARPA, Federal Grant Programs, General Fund
AB 1600 Parkland2 Design -
-
-
-
-
500,000
1,500,000
-
2 New 1,000,000 UNFUNDED
5 New - 500,000 -
-

UNFUNDED
Measure SWildwood and Encanto, Ph. 1 Parks 1,4 Planning 989,663 28,558,570
365,000
499,968
864,968
-
75,240
6,129,092
2,500,000
3,784,787
399,828
1,644,494
135,001
14,668,442
3,746,096
459,577
120,000
-
- -
Parks Total
Police
Police
$
$
$
$
3,525,000 $
$
2,850,000 $
$
7,150,000 $
$
6,100,000 $10,200,000
Police Building Management System
Police Locker Room Renovation
1 1
Planning
New
- -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Police Facilities
Police Facilities50,000
50,000
250,000
Police Total
Storm Drain
Storm Drain
Storm Drain
Storm Drain
Storm Drain
Storm Drain
Storm Drain
Storm Drain
Storm Drain Total
Streets
$
Drainage Channel Imp. at Cajon Blvd. & Shenandoah Way
Meyer's Creek Focused Drain Study
Mt. Vernon Storm Drain
Sierra Way Storm Drain (Modfied design)
Sierra Way Storm Drain (Original design)
Storm Drain Catch Basin Screen Installation (TMDLS - Track 1) Storm Drain Upgrades
6 5
6 New
Planning
Design
Storm Drain Construction
Storm Drain Construction
Storm Drain Construction
Storm Drain Construction
Storm Drain Construction
Storm Drain Construction
-
-
-
-
7 7
Planning
Design
All
All
1,2
Design
Planning
Planning
- - - -
500,000 500,000 500,000 500,000 500,000 Storm Drain Construction Waterman/Baseline Culvert - - -
500,000
1,120,000
-
- - Storm Drain Construction
$ $ 750,000
2,000,000
$ 500,000
2,080,000
$ $ 500,000 $ 500,000
40th St. Widening from Electric Ave. to Johnson St.
4th Street Alley Rehabilitation
9 Bus Stop Sidewalk Improvements
ADA Access Improvements
4 1
Design -
-
-
-
-
-
Regional Circulation
Federal Grant Programs
TDA Article 3
Streets Construction
Construction
New
-
-
-
-
-
-
Streets
Streets
All
All
-
500,000 500,000 500,000 RMRA/Gas Tax, General Fund
CIP Current Budget Balance and Proposed 5-Year April 17, 2024

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Budget
Through
Project Category
Streets
Streets
Streets
Streets
Streets
Streets
Streets
Streets
Streets
Streets
Streets
Streets Total
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic
Traffic Total
Ward Status FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 Funding Source ADA Transition Plan to meet Title II Reg.

Cross Street Bridge
H St. Widening from Kendall Dr. to 40th St.

Mt. Vernon Bridge
Pavement Management Program
Pavement Rejuvenation, Various
Pepper Ave. Rehabilitation
Street Improvement on 35 Segments
Street Rehabilitation - 21 Locations
Street Rehabilitation - 3 Locations
University Parkway Extension Phase 1- 16th St. to Baseline Rd.

All
2 Planning
Design
500,000
3,001,860
1,893,398
12,780,213
1,000,000
2,665,386
2,687,889
-
8,900,000
1,237,803
624,232
39,616,454
-
500,000 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
RMRA/Gas Tax
Measure S/General Fund
Measure I, Regional Circulation
Regional Circulation; Measure S/General Fund
Measure I
Measure S; Measure I
Measure I
UNFUNDED- proposed RMRA Gas TAX, General Fund/Measure S Measure S
CDBG
Regional Circulation
-
4 Design 2,000,000 1,040,000 1,080,000
3 Construction
Planning
Construction
Construction
New
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
All
All
3,6
All
All
10,000,000 10,000,000
Construction -
-
-
-
-
-
-
-
-
-
-
-
1,4,3 Construction
6 Construction
$ $ 4,500,000 $13,120,000 $12,700,000
170,500
$ 500,000 $ 500,000
28th Street Traffic Calming
Genevieve Circuit Lighting
Advanced Dilemma Zone Detection at 49 Signalized Intersections Intersection Upgrade, Rialto Ave. & Rancho Rd.

Median on Kendall Curve (Kendall Dr. from E Street to H Street) Median on Rialto at Metrolink RR Crossing
7 7
New
Construction
130,000 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
RMRA/Gas Tax, Local Regional Circulation
Measure S
Federal Grant Programs
Measure I, Regional Circulation
Grant funding, General Fund
Regional Circulation
Federal Grant Programs
Local Regional Circulation
Local Regional Circulation
AB 1600 Parkland
1,351,552
1,592,189
-
912,606
-
-
-
-
-
-
-
-
1,2,3,6,7 Construction
1,3 New
4,5,7 Design
600,000
1,000,000
70,000
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
3 1
1,3
3 New
Construction
Design
265,000
Metrolink Accessibility Improvements Ph.2 440,821
42,426
17,426
545,210
1,553,207
7,426
1,601,250
1,143,750
756,250
355,500
2,396,250
47,500
686,250
1,863,750
37,500
1,256,776
2,286,923
44,420
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Mt. Vernon and Rialto Traffic Signal Upgrade design
Mt. Vernon and Walnut Ave. Traffic Signal Upgrade design Newmark Ballfield Stadium Lighting
Design
4 Design
Ralston Circuit Lighting 7
3 Construction
Design
Measure S
Rancho Ave. and Rialto Ave. Traffic Signal Upgrade (design) SB Cty Joint Street Rehab: 3rd St & Other Roads
SB Cty Joint Street Rehab: 40th St. and others (Arrowhead Farms) SB Cty Joint Street Rehab: 4th Avenue and Mountain Drive:

SB Cty Joint Street Rehab: 5th Street and Pedley Rd:

SB Cty Joint Street Rehab: Arden Ave & Other Roads
SB Cty Joint Street Rehab: Blake St & Other Roads
SB Cty Joint Street Rehab: Citrus St & Other Roads
SB Cty Joint Street Rehab: Lynwood Dr & Other Roads
SB Cty Joint Street Rehab: N. San Bernardino area curb ramps State Highway CA-210 at Waterman Avenue
State HWY I-215 and University Parkway Interchange Imp.

Traffic Management Center (TMC) -annual
Local Regional Circulation
Measure I, Gas Tax Fund, RMRA
Measure I, Gas Tax Fund, RMRA, Measure S
RMRA, Gas Tax
1,2
4 5
Design
Construction
Design
1 Construction RMRA, Gas Tax
1,2,4,7 Design
Design
1,2,4,7 Design
Measure I, Gas Tax Fund, RMRA
Measure I, Gas Tax Fund, RMRA
Measure I, Gas Tax Fund, RMRA
Measure I, Gas Tax Fund, RMRA
Measure I, Gas Tax Fund, RMRA
Measure I
6 4,7
2,7
7 5,6
All
All
All
All
1 Design
Design
Design
Design
Annual
New
Annual
New
New
-
-
-- - Measure I
40,000
100,000
50,000
40,000
100,000
50,000
40,000
100,000
50,000
40,000
100,000
50,000
40,000 Local Regional Circulation
100,000 Local Regional Circulation
50,000 Local Regional Circulation
Traffic Safety Controls - Hardware Improvements
Traffic Signal Battery Backup Systems -annual
Uncontrolled Crosswalk Evaluation
9,674
-
-
-
-
76,000
55,000
76,000 -
-
-
-
-
-
-
-
-
Local Regional Circ. / Applying for Grants
Seeking funding
General, Measure S, Measure I, Local Reg.Circ., Gas Tax, RMRA General, Measure S, Measure I, Local Reg.Circ., Gas Tax, RMRA Upgrade Downtown Guide Signs -
-
-
Upgrade 21st Street and Waterman Ave. intersection
Upgrade Rialto and Mt. Vernon intersection
Upgrade Walnut Ave. & Mt. Vernon Ave. intersection
Upgrade signal hardware on 224 arterial intersections
Waterman Ave. and 21st St.
1 New -
-
601,000
1,3
3 New
New
601,000 -
- - - - - 601,000 General, Measure S, Measure I, Local Reg.Circ., Gas Tax, RMRA All
2 Construction
Design
418,784
60,000
19,427,440
-
-
-
-
-
-
-
-
-
-
Federal Grant Programs
Local Regional Circulation
$ $ 1,561,500 $ 661,000 $ 1,391,000 $ 791,000 $ 791,000 Grand Total $137,289,844 $13,236,500 $17,481,000 $22,366,000 $12,591,000 $11,991,000 CIP Current Budget Balance and Proposed 5-Year April 17, 2024

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Barbara Whitehorn, Director of Finance and Management
Services
Department: Finance
Subject: Review and Consider Positions Recommended by
Members of the Council During the Mid-Year Budget
Review, and Additional Positions Recommended by the
City Manager
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-066 of the Mayor and City Council of San Bernardino, review, and consider the additional positions proposed at the Mid-Year Budget review and

1. Add the eight (8) positions as proposed by the Mayor and City Council and outlined in this staff report; and

2. Add the additional twelve (12) positions proposed by the City Manager as outlined in this staff report.

Executive Summary
During the FY 2023/24 Mid-Year Budget Review, the Mayor and City Council recommended additional positions be costed and brought back for consideration. This report includes those positions and additional positions recommended by the City Manager to meet operational needs.

Background
The City of San Bernardino has been adding significantly to staff over the last several years in order to address issues of compliance, customer service, and to improve the level of service provided to the community. During Fiscal Year 2023/24, staffing levels have increased by 88 full-time positions, a 10.6% increase from the adopted budget staffing level of 825 full-time equivalents to the current level of 913. This does not

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include all grant-funded, part-time, temporary, or seasonal positions.

This increase includes critical increases in Animal Services, which will allow that department to take on serving surrounding communities including Rialto, Fontana, and Colton, doubling the number of animals that the staff and shelter handles currently.

This accounts for 31 of the 88 positions. Three positions were added with the adoption of the FY 2023/24 Budget, and another 37 were added as part of the Strategic Initiatives adopted on October 18, 2023, three of which were part of the 31 Animal Services positions. The remainder were added through various request that were brought to Council on August 16, 2023 (Strategic Initiatives), December 6, 2023, February 21, 2024, March 6, 2024, and during the Mid-Year discussion on March 21, 2024. A comprehensive list of the positions added is attached.

If the additional eight positions recommended by the Mayor and Council, as well as the twelve recommended by the City Manager are added, a total of 108 positions will have been added in FY 2023/24 for a total of 933 full-time equivalent positions city-wide.

Discussion
The Mayor and City Council recommended the following additional positions and reclassification to improve efficiency, service, and response times:
•Two (2) Program Coordinators in the Parks, Recreation and Community Services Department,
•Three (3) Community Service Officers in the Police Department, •One (1) Administrative Analyst in the City Council Office, •One (1) Manager in the City Council Office, and
•One (1) additional Records Management Specialist in the City Clerk’s Office.

The City Manager recommends the following positions:
•One (1) Administrative Assistant to be split 50/50 between the City Manager’s Office and the Mayor’s Office to aid in the ability of the City Manager’s and Mayor’s Office to handle administrative tasks effectively, and •Eleven (11) positions in the Police Department, as detailed below:
•Three (3) additional Community Service Officers for a total of six (6), •Five (5) Police Records Technicians, and
•Three (3) Police Dispatchers.

These eleven positions will enable the Police Department to better serve the community, address State mandated records requirements, and ensure that there is adequate dispatch coverage to answer calls for service.

Following is a breakdown of the costs of the positions over the current fiscal year and FY 2024/25.

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Note that the Administrative Analyst I to be added to the City Council Office is a new classification. A separate item from the Human Resources Department is before the Mayor and City Council for approval to establish this classification and the associated pay range.
2021-2025 Strategic Targets and Goals
The addition of these positions and the reclassification of the City Council Office Supervisor supports goals number 1.a. establish a clear policy direction and predictable organization structures; 2.b. evaluate operations and performance, investments in resources, technology, and tools to continually improve organizational efficiency and effectiveness; and 3.c. evaluate and enhance the quality of public safety services.

Fiscal Impact
Department NumberPosition Title FY 2023/24 FY 2024/25Parks & Recreation 2 Program Coordinators 15,835$ 190,014$ Police 3 Community Service Officers 22,758 273,099City Council Office 1 Administrative Analyst I 10,404 124,844City Council Office 1 Exec. Staff Asst. to City Council (Manager) 13,989 167,862City Clerk 1 Records Management Specialist 8,458 101,497Total Salary and Benefits 71,443 857,316IT and Other Costs 32,000 40,000Subtotal 103,443 897,316 City Manager/Mayor 1 Administrative Assistant 6,008 72,100Total Salary and Benefits 6,008 72,100IT and Other Costs 4,000 5,000Subtotal 10,008 77,100 Police 3 Community Service Officers 44,589 273,099Police 5 Records Technicians 24,486 293,826Police 3 Dispatchers 19,426 233,111Total Salary and Benefits 88,500 800,036IT and Other Costs 44,000 55,000Subtotal 132,500 855,036 TOTAL 245,951$ 1,829,451$

FINANCIAL
DATA
Current Fiscal
Year:

Next Fiscal Year: Total Cost: Ongoing Cost:

COST $ 245,951 $ 1,829,451 $ 2,048,986 $ 2,034,790

GENERAL

FUND SHARE
$ 245,951 $ 1,829,451 $ 2,048,986 $ 2,034,790
SOURCE OF FUNDS:

General Fund. No Budget adjustment is necessary in FY
2023/24. Hiring will take place in the last 4-6 weeks of Budget Adjustment:

No

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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-066 of the Mayor and City Council of San Bernardino, review, and consider the additional positions proposed at the Mid-Year Budget review and

1. Add the seven (8) positions as proposed by the Council and outlined in this staff report; and

2. Add the additional twelve (12) positions proposed by the City Manager as outlined in this staff report.

Attachments
Attachment 1 – Resolution 2024-066 Authorizing Additional Positions Attachment 2 – List of Positions added in Fiscal Year 2023/24 Ward:

All Wards
Synopsis of Previous Council Actions:

March 20, 2024 Mayor and City Council received and filed the Fiscal Year 2023/24 Mid-Year Budget Report; and adopted Resolution
No. 2024-054 Authorizing the Director of Finance and
Management Services to amend the Fiscal Year 2023/24
Operating Budget by $9,362,446 as outlined in the Fiscal Year 2023/24 Mid-Year Budget Report.

March 6, 2024 Mayor and City Council adopted Resolution 2024-037 Establishing the Homeless Solutions Manager and Homeless Services Assistant classifications; and amending the City- wide Salary Schedule for full-time, part-time, temporary, and seasonal positions.

February 21, 2024 Mayor and City Council adopted Resolution No. 2024-032 Establishing the Auditor I, Auditor II, Deputy Director of Economic Development (U), and Economic Development
Manager job classifications; authorizing the City Manager or their designee to add three (3) FTE for Fiscal Year 2023/24; the fiscal year, and salary savings will cover the costs.

For Fiscal Year: 23/24

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and amending the City-wide Salary Schedule for full-time, part-time, temporary, and seasonal positions.

December 6, 2023 Mayor and City Council adopted Resolution No. 2023-179 adding two (2) Deputy City Manager (U) positions to the City Manager’s Office; Authorizing the City Manager to execute a side letter agreement with the Executive Employees to include the Deputy City Manager (U) classification; and amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

October 18, 2023 Mayor and City Council adopted Resolution No. 2023-157:

Establishing the Park Ranger Supervisor, Park Ranger,
Ombudsperson, Legislative & Governmental Affairs Manager (U), Deputy Director of Animal Services (U), and Veterinary Assistant classifications; amending the salary for the Deputy Director of Parks, Recreations and Community Services (U), and for the Police Personnel & Training Technician; Retitling the Agency Directors classifications; and amending the City- wide salary schedule for full-time, part-time, temporary, and seasonal positions.

August 16, 2023 Mayor and City Council adopted Resolution No. 2023-129 Establishing the Capital Improvement Project Manager job classification; authorizing the City Manager or his designee to add one (1) FTE for Fiscal Year 23/24; and amending the City- wide salary schedule for full-time, part-time, temporary, and seasonal positions.

June 21, 2023 Mayor and City Council adopted Resolution No. 2023-080 approving the City of San Bernardino’s Fiscal Year 2023/24 Operating Budget and Capital Improvement Plan; adopted
annual budgets for Fiscal Year 2023/24; Established the City’s Appropriations Limit as required by Article XII of the California State Constitution; and adopted Resolution No. 2023-081 approving an amendment to the to the City-wide Salary Schedule for full-time, part-time, temporary, and seasonal positions.

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April 17, 2024

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RESOLUTION NO. 2024-066

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO ADD EIGHT (8) FULL-TIME EQUIVALENT

POSITIONS AS RECOMMENDED BY THE MAYOR AND
CITY COUNCIL, AND TWELVE (12) FULL-TIME

EQUIVALENT POSITIONS AS RECOMMENDED BY THE
CITY MANAGER TO THE GENERAL FUND.

WHEREAS, the City has goals of providing outstanding service delivery and a high quality of life for the community; and
WHEREAS, these goals require a continued focus on improving external and internal customer services; and
WHEREAS, to meet State mandated record requirements and critical dispatch needs of the Police departments, and
WHEREAS, to continue to improve, departments require additional staffing.

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.

SECTION 2. The Mayor and City Council hereby authorize the City Manager or his designee to take all appropriate and necessary actions to: (1) add the eight (8) full-time equivalent positions as recommended by the Mayor and City Council, and detailed in the accompanying staff report, to the General Fund portion of the City’s 2023/24 Budget; and (2) add the twelve (12) full-time equivalent positions as recommended by the City Manager, and detailed in the accompanying staff report, to the General Fund portion of the City’s 2023/24 Budget.

SECTION 3. That the 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.

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SECTION 4. 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 5. 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 17th day of April 2024.

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. 2024-066, adopted at a regular meeting held on the 17 th day of April 2024 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 ____________ 2024.

Genoveva Rocha, CMC, City Clerk

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Date Department Position Title Annual Cost Initiative Program Resolution 6/21/2023 Finance & Mgmt. Services 1 Payroll Technician 77,849 FY 23/24 Adopted Budget N/A 2023-080 6/21/2023 Human Resources 1 Human Resources Technician 73,337 FY 23/24 Adopted Budget N/A 2023-080 6/21/2023 Information Technology 1 Network Systems Administrator 153,417 FY 23/24 Adopted Budget N/A 2023-080 8/16/2023 Public Works 1 Capital Project Manager 173,796 N/A N/A 2023-129 10/18/2023 Animal Services 1 Deputy Director of Animal Services 204,001 Strategic Initiatives Animal Services 2023-157 10/18/2023 Animal Services 1 Registered Vet Technician 81,259 Strategic Initiatives Animal Services 2023-157 10/18/2023 Animal Services 1 Veterinary Assistant 66,554 Strategic Initiatives Animal Services 2023-157 10/18/2023 City Manager 1 Legislative and Governmental Affairs Manager 173,873 Strategic Initiatives Advocacy 2023-157 10/18/2023 Comm. Dev. & Housing 1 Housing Division Manager 187,022 Strategic Initiatives Housing & Homelessness 2023-157 10/18/2023 Comm. Dev. & Housing 1 Principal Accountant 147,067 Strategic Initiatives Housing & Homelessness 2023-157 10/18/2023 Comm. Dev. & Housing 1 Management Analyst II 119,948 Strategic Initiatives Housing & Homelessness 2023-157 10/18/2023 Comm. Dev. & Housing 1 Senior Planner 146,441 Strategic Initiatives Planning Services 2023-157 10/18/2023 Comm. Dev. & Housing 1 Associate Planner 126,823 Strategic Initiatives Planning Services 2023-157 10/18/2023 Comm. Dev. & Housing 1 Planning Aide 99,826 Strategic Initiatives Planning Services 2023-157 10/18/2023 Comm. Dev. & Housing 1 Administrative Assistant 80,549 Strategic Initiatives Planning Services 2023-157 10/18/2023 Community Dev. & Housing 1 Community Development Ombudsperson 138,122 Strategic Initiatives One Stop 2023-157 10/18/2023 Community Dev. & Housing 1 Senior Customer Service Representative 95,987 Strategic Initiatives One Stop 2023-157 10/18/2023 Economic Development 1 Economic Development Director 280,376 Strategic Initiatives Economic Development 2023-157 10/18/2023 Economic Development 3 Economic Development Managers 558,654 Strategic Initiatives Economic Development 2023-157 10/18/2023 Economic Development 1 Administrative Assistant 80,549 Strategic Initiatives Economic Development 2023-157 10/18/2023 Parks & Recreation 1 Deputy Director of Parks & Recreation 204,001 Strategic Initiatives Park Services 2023-157 10/18/2023 Parks & Recreation/PD 3 Park Rangers - amount included below Strategic Initiatives Quality of Life - Park Rangers 2023-157 10/18/2023 Parks & Recreation/PD 1 Park Ranger Supervisor - TOTAL for Program 505,900 Strategic Initiatives Quality of Life - Park Rangers 2023-157 10/18/2023 Police 1 Sergeant - amount included below Strategic Initiatives Quality of Life - PD Team 2023-157 10/18/2023 Police 1 Detective - amount included below Strategic Initiatives Quality of Life - PD Team 2023-157 10/18/2023 Police 6 Officers - TOTAL for Program 1,575,486 Strategic Initiatives Quality of Life - PD Team 2023-157 10/18/2023 Public Works 1 Land Development Engineer 171,613 Strategic Initiatives Public Works Services 2023-157 10/18/2023 Public Works 3 Engineering Project Managers 514,839 Strategic Initiatives Public Works CIP 2023-157 12/6/2023 Animal Services 8 Animal Shelter Attendants 589,024 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 1 Animal Services Manager 135,851 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 2 Animal Services Supervisor 222,678 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 1 Veterinarian 223,016 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 2 Registered Vet Technicians 199,186 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 3 Veterinary Assistants 248,358 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 7 Senior Animal Service Representatives 554,253 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 2 Animal Services Representatives 147,256 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 5 Community Service Program Coordinators 475,035 Regional Partnerships N/A TBD 4/17/24 12/6/2023 City Manager 2 Deputy City Manager 596,850 N/A N/A 2023-179 2/21/2024 City Manager 1 Auditor I 109,811 N/A N/A 2024-032 2/21/2024 City Manager 1 Auditor II 122,539 N/A N/A 2024-032 2/21/2024 Economic Development 1 Deputy Director of Economic Development 193,900 N/A N/A 2024-032 2/21/2024 Human Resources 1 Supervising Human Resources Analyst 136,749 N/A N/A 2024-032 2/21/2024 Human Resources 1 Human Resources Analyst II 111,465 N/A N/A 2024-032 3/6/2024 Comm. Dev. & Housing 1 Homeless Solutions Manager 168,632 N/A N/A 2024-037 3/6/2024 Comm. Dev. & Housing 1 Homeless Services Assistant 69,954 N/A N/A 2024-037 3/20/2024 Comm. Dev. & Housing 1 Building Inspector I 92,520 Mid-Year Budget N/A 2024-054 3/20/2024 Library 1 Library Technician I 62,089 Mid-Year Budget N/A 2024-054 3/20/2024 Library 1 Management Analyst I 100,128 Mid-Year Budget N/A 2024-054 3/20/2024 Parks & Recreation 1 Community Recreation Program Supervisor 106,296 Mid-Year Budget N/A 2024-054 3/20/2024 Police 1 Accounting Technician I 68,245 Mid-Year Budget N/A 2024-054 3/20/2024 Police 1 Police Records Supervisor 94,307 Mid-Year Budget N/A 2024-054 3/20/2024 Police 3 Police Records Technician 58,770 Mid-Year Budget N/A 2024-054 88 10,924,201$
Positions Added in FY 2023/24 (not including proposed positions)

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Kris Watson, Director of Animal Services
Department: Animal Services
Subject: Authorize and Appropriate Funding for Animal
Services for the Preparation of the Regional
Partnership Agreements
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-067;

1. Authorizing the Director of Finance & Management Services to approve the allocation of $4,000,000. from the General Fund and to appropriate the funds to make the necessary upgrades to the Animal Services facility; and

2. Authorizing the Director of Finance & Management Services to amend the Fiscal Year 2023-2027 Capital Improvement Project Program to add the Animal Services Regional Partnership Facility Improvement Project.

Executive Summary
It was established that the City of San Bernardino would enter into a Regional Partnership for Animal Services with the cities of Colton, Fontana, Grand Terrace, Loma Linda, and Rialto. In order to accommodate the additional animals this Regional Partnership Agreement will bring, it is necessary to upgrade the Animal Services facility and make temporary site improvements that will house the influx of animals in the interim, while long range plans are being made for a replacement shelter. The total cost to construct the facility and site improvements is estimated to be $4,000,000. The total immediate impact on the general fund will be $4,000,000.

Due to the terms of the Regional Partnership Agreement, the City of San Bernardino will be reimbursed by the five partner cities in the Agreement after July 1, 2024. After reimbursement, the impact to the General Fund will be $2,306,915. with this action.

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Background
Earlier this year, the Department of Animal Services received notification that Riverside County Animal Services would be discontinuing shelter services for the cities of Colton, Fontana and Rialto on June 30, 2024. Subsequently, these three cities in our region are in need of a shelter to contract for services beginning with July 1, 2024.

The cities of Colton and Fontana previously contracted with the City of San Bernardino for shelter services; those contracts ended in 2014 (Colton) and 2015 (Fontana) when those cities began contracting with the County of Riverside. The City of Rialto previously contracted with the County of San Bernardino until 2018 when they transferred to Riverside County for shelter services. The cities of Grand Terrace and Loma Linda currently contract with the Department to provide shelter services.

Animal Services realized that this is a significant investment in the welfare of animals in our City and in our region. In an effort to lessen the impact on the General Fund of our City, as well as any partner cities, the Mayor and City Council adopted Resolution No. 2023-188 on December 6, 2023, that established a Nonprofit Public Benefit Corporation to actively raise funds for programs and services to benefit all the animals in the shelter, as well as programs which support pet owners in our community. The Nonprofit is named “Friends of San Bernardino Animal Services Foundation”.

The item brought forward on behalf of the Animal Services department on December 6, 2023, also identified in the fiscal impact section that the General Fund share for the current fiscal year was $2,300,000. The estimate given that the total facility shelter improvements were stated to be approximately $4,000,000 and the supply costs, as well as additional personnel costs, were to be $1,500,000. The anticipated reimbursements and expenses from the partnering cities are accounted for in the proposed biennial budget.

Discussion
Animal Services has worked with the Public Works Department team to assess the current shelter site and prepare the facility to accommodate the influx of animals on July 1, 2024. Currently, Staff estimates the cost for the necessary improvements and additional structures to be roughly $4,000,000.

In an effort to keep costs low and maximize flexibility, the building facility upgrades will be in the form of modular trailers for the staff office, metal building kits, and kennel housing units that will house the animals. All of these newly acquired structures will be able to be moved and utilized at the new site location when the replacement shelter is constructed.

The site improvements will consist of design and architecture fees, grading the site to control the flow of water, foundational concrete pads for the kennel housing units, above and below ground site utilities that include electrical and natural gas, sewer hookups, and all compliance with all ADA requirements. The new kennel units and modular trailers will also require all utility hookups to make them fully functional.

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The costs for the site improvements and new structures will have an initial cost on the general fund of $4,000,000; however, after reimbursement payments from partner cities, the actual cost is estimated to be $2,306,915, not including the additional personnel and supplies.
2021-2025 Strategic Targets and Goals
The approval of this appropriation aligns with Key Strategic Target and Goal #3:

Improved Quality of Life, by partnering with other entities in the Region, ensuring consistent, stable animal services for our residents and those of neighboring cities.

Partnering with the other cities in our region also aligns with Key Strategic Goal # 4 – Economic Growth and Development by improving the City’s Animal Services facility.

Fiscal Impact
The immediate fiscal impact to the General Fund is $4,000,000. Once the Regional Partnership Agreement goes into effect on July 1, 2024, the impact to the General Fund will be $2,306,915 based on the reimbursement payment terms agreed to between each of the partnered Cities and the City of San Bernardino.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-067;

1. Authorizing the Director of Finance & Management Services to approve the allocation of $4,000,000. from the General Fund and to appropriate the funds to make the necessary upgrades to the Animal Services facility; and

2. Authorizing the Director of Finance & Management Services to amend the Fiscal Year 2023-2027 Capital Improvement Project Program to add the Animal Services Regional Partnership Facility Improvement Project.

Attachments
Attachment 1 – Resolution No. 2024-067
Attachment 2 – Exhibit A – Construction Costs of Shelter Improvements Attachment 3 – Exhibit B – Payment Schedules for Partnering Cities Ward:

Third Ward
Synopsis of Previous Council Actions:

December 6, 2023 Resolution No. 2023-188 of the Mayor and City Council of San Bernardino, California, Authorizing the City Manager to take the steps necessary to establish a California Nonprofit Public Benefit Corporation to support the Department of Animal Services Programs and Initiatives.

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RESOLUTION NO. 2024-067

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE &

MANAGEMENT SERVICES TO APPROVE THE
ALLOCATION OF $4,000,000. FROM THE GENERAL

FUND, AND TO APPROPRIATE THE FUNDS TO MAKE

THE NECESSARY UPGRADES TO THE ANIMAL
SERVICES FACILITY; AND AUTHORIZING THE

DIRECTOR OF FINANCE & MANAGEMENT SERVICES
TO AMEND THE FISCAL YEAR 2023-2027 CAPITAL

IMPROVEMENT PROJECT PROGRAM TO ADD THE

ANIMAL SERVICES REGIONAL PARTNERSHIP
FACILITY IMPROVEMENT PROJECT.

WHEREAS, on December 6, 2023, the Mayor and City Council authorized staff to enter into a Regional Partnership Agreement for Animal Services with five surrounding Cities; and WHEREAS, the City of San Bernardino will enter into Regional Partnership Agreements for Animal Services with the Cities of Colton, Fontana, Grand Terrace, Loma Linda, and Rialto on July 1, 2024; and
WHEREAS, the City of San Bernardino will need to make facility improvements to the Animal Services Facility located at 333 Chandler Place, San Bernardino California, 92401 to prepare for the influx of animals that this Regional Partnership Agreement will bring into the facility.

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.

SECTION 2. The Mayor and City Council hereby authorize the Director of Finance & Management Services to allocate $4,000,000. from the General Fund to make the necessary upgrades to the Animal Services facility; and
SECTION 3. The Mayor and City Council hereby authorize the Director of Finance & Management Services to amend the Fiscal Year 2023-2027 Capital Improvement Project Program to add the Animal Services Regional Partnership Facility Improvement Project.

SECTION 5.The 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

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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 17th day of April 2024.

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. 2024-067, adopted at a regular meeting held on the 17 th day of April 2024 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 ____________ 2024.

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

CONSTRUCTION COSTS OF SHELTER IMPROVEMENTS
Animal Shelter Estimated Cost/Project Percentage of Each Item Item Square
Feet
Linear
Feet
Cubic
Yard Each Cost Project
Percentage
Kennels (270) 8,017 $2,186,080.00 60%
Electrical Wiring (120V) 3,000 $31,200.00 1%
Electrical Wiring (240V) 3000 $33,000.00 1%
Copper Water Pipes 1,430 $11,154.00 0%
Concrete Foundation 4,350 $33,495.00 1%
Grading 4,785 $31,102.50 1%
Sewer Line 911 $284,687.50 8%
Sewer Line Back Fill 911 $14,271 0%
24' x 60' Modular Building $172,703.66 5%
Curb and Gutter 534 $52,065.00 1%
Tree Removal (5) 5 $22,750.00 1%
Excavation 1,812 $108,720.00 3%
ADA Ramps 4 41600 1%
Lights 35 $11,375 0%
Design (Architect and
Engineering Fees) $151,710.17 4%
Contingency (Unforseen
Underground Utilities) $455,130.52 13%

Total $3,641,044 100%
*Additional Costs for the City of San Bernardino $358,956 100% Grand Total $4,000,000
Contribution Amount by Partner
*San Bernardino (53.5% of Costs) $2,306,915
Fontana (24% of Costs) $873,851
Rialto (14% of Costs) $509,746
Colton (7% of Costs) $254,873
Grand Terrace (1% of Costs) $36,410
Loma Linda (.5% of Costs) $18,205
Grand Total $4,000,000

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EXHIBIT B

PAYMENT SCHEDULE

CITY OF RIALTO
Payment for construction costs related to shelter improvements can be made by the Shelter Partner, City of Rialto in one lump sum amount of $509,746.00 due at the start of the Contract on July 1, 2024, or in 12 quarterly payments of $42,479.00 each according to the following schedule:

Date Payment Amount
7/1/2024 $42,479
10/1/2024 $42,479
1/1/2025 $42,479
4/1/2025 $42,479
7/1/2025 $42,479
10/1/2025 $42,479
1/1/2026 $42,479
4/1/2026 $42,479
7/1/2026 $42,479
10/1/2026 $42,479
1/1/2027 $42,479
4/1/2027 $42,477
Total $509,746

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EXHIBIT B

PAYMENT SCHEDULE

CITY OF GRAND TERRCE
Payment for construction costs related to shelter improvements can be made by the Shelter Partner, City of Grand Terrace in one lump sum amount of $36,410.00 due at the start of the Contract on July 1, 2024, or in 8 quarterly payments of $4,552.00 each according to the following schedule:

Date Payment Amount
7/1/2024 $4,552
10/1/2024 $4,552
1/1/2025 $4,552
4/1/2025 $4,552
7/1/2025 $4,552
10/1/2025 $4,552
1/1/2026 $4,552
4/1/2026 $4,546
Total $36,410

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EXHIBIT B

PAYMENT SCHEDULE

CITY OF COLTON
Payment for construction costs related to shelter improvements can be made by the Shelter Partner, City of Colton in one lump sum amount of $254,873.00 due at the start of the Contract on July 1, 2024, or in 12 quarterly payments of $21,240.00 each according to the following schedule:

Date Payment Amount
7/1/2024 $21,240
10/1/2024 $21,240
1/1/2025 $21,240
4/1/2025 $21,240
7/1/2025 $21,240
10/1/2025 $21,240
1/1/2026 $21,240
4/1/2026 $21,240
7/1/2026 $21,240
10/1/2026 $21,240
1/1/2027 $21,240
4/1/2027 $21,233
Total $254,873

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EXHIBIT B

PAYMENT SCHEDULE

CITY OF LOMA LINDA
Payment for construction costs related to shelter improvements can be made by the Shelter Partner, City of Loma Linda in one lump sum amount of $18,205.00 due at the start of the Contract on July 1, 2024, or in 8 quarterly payments of $2,276.00 each according to the following schedule:

Date Payment Amount
7/1/2024 $2,276
10/1/2024 $2,276
1/1/2025 $2,276
4/1/2025 $2,276
7/1/2025 $2,276
10/1/2025 $2,276
1/1/2026 $2,276
4/1/2026 $2,273
Total $18,205

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EXHIBIT B

PAYMENT SCHEDULE

CITY OF FONTANA
Payment for construction costs related to shelter improvements can be made by the Shelter Partner, City of Fontana in one lump sum amount of $873,851.00 due at the start of the Contract on July 1, 2024, or in 12 quarterly payments of $72,821.00 each according to the following schedule:

Date Payment Amount
7/1/2024 $72,821
10/1/2024 $72,821
1/1/2025 $72,821
4/1/2025 $72,821
7/1/2025 $72,821
10/1/2025 $72,821
1/1/2026 $72,821
4/1/2026 $72,821
7/1/2026 $72,821
10/1/2026 $72,821
1/1/2027 $72,821
4/1/2027 $72,820
Total $873,851

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Kris Watson, Director of Animal Services
Department: Animal Services
Subject: Response to Grand Jury Report
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the response to the County of San Bernardino Civil Grand Jury Report, titled “Who Let the Dogs Out? A Tail in Two Cities”, released in December 2023.

Executive Summary
The San Bernardino County Civil Grand Jury conducted an investigation into increased dog bites in the County. The final Grand Jury report compares the number of dog bites in the City of Rancho Cucamonga to the City of San Bernardino. Their investigation concluded the City of San Bernardino has a higher rate of bites as compared to Rancho Cucamonga and the report includes recommendations to reduce dog bites in the City.

The City is required to respond to the Grand Jury’s findings and recommendations.

There is no fiscal impact associated with this item.

Background
In 2023, the San Bernardino County Civil Grand Jury initiated an investigation into dog bites in the County after an elderly woman was mauled to death by two dogs in the Baldy Mesa area of the County in October 2022. Their investigation centered on a comparison of dog bites and animal control in two different cities in the County: Rancho Cucamonga and San Bernardino.

The Grand Jury interviewed staff from Rancho Cucamonga and San Bernardino, requested reports, and observed Animal Control Officers in the field performing their duties. Through their investigation, they determined the City of San Bernardino has a higher rate of dog bites as compared to the City of Rancho Cucamonga. The report from the Grand Jury includes a total of seven (7) findings and twelve (12)

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recommendations for the City.

Discussion
Staff received the Grand Jury report in January 2023 and began to prepare the City’s response to the findings and recommendations.

Overall, the report is balanced and found Department staff to be well-trained and informative in their subject area. The findings and recommendations center on staffing, community outreach, and written procedures. Below is the list of findings and recommendations from the Grand Jury as well as a summary of the City’s responses. •F-1 The Animal Services Department is underfunded and understaffed. oR-1a Increase funding for Animal Services.
oR-1b The Grand Jury recommends increased funding is necessary to allow Animal Services to hire additional ACOs.

The respondent disagrees partially with the finding. The Department has not been fully staffed for years. We have two vacant positions that are in the process of recruitment.

Once all Animal Control Officer positions are filled, the Department will evaluate the need for additional staffing.
•F-2 San Bernardino Animal Services needs a veterinarian on site to take care of pets’ medical needs.
oR-2a Hire an on-site veterinarian which would save time and money. oR-2b The Grand Jury recommends a Partnership with San Bernardino City Unified School District to create an Animal Services Pathway program for high school students to learn about animal care, becoming groomers, veterinary technicians and veterinarians.
oR-2c Create an outreach program for prospective veterinary hires.

The respondent agrees with the finding and the City is actively recruiting for this position. The Department is working on the additional recommendations proposed by the Grand Jury.
•F-3 San Bernardino Animal Services does not currently have a checklist that all ACOs may use to inspect the yard of an offending owner of a stray or biting dog.

This is needed for consistency of documenting the encounter and putting the owner on notice to remediate the problem area.
oR-3 The Grand Jury recommends that the Animal Services Department develop a uniform written checklist for ACOs to check and ensure that the yard is secure.

A copy of the checklist is to be given to the owner.

The respondent agrees with the finding and the Department will work on creating the recommended checklist.

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•F-4 The SBCAS Policy and Procedure Manual is not complete, nor updated every year, thus the procedures for ACOs are not completely clear and laid out in written form.
oR-4a The Grand Jury recommends that the SBCAS complete writing the Policy and Procedure Manual and eliminate the names of employees and use the staff positions instead. Review the Manual annually and present current changes in laws to staff monthly.
oR-4b Hold monthly or bimonthly staff meetings at the Shelter with management and ACOs to bring everyone up to date on the latest laws and/or developments in the field of Animal Care.

The respondent agrees with the finding and is currently working to update the Policy and Procedure Manual. The Department currently holds monthly all-staff meetings and bimonthly unit meetings.
•F-5 Currently, ACOs do not have assigned areas (beats) of responsibility within the City of San Bernardino. If SBCAS assigned different beats to each ACO, it would save time and fuel, provide a quicker response, and increase time for educating the pet owners and public who reside in the ACO’s area.
oR-5a The Grand Jury recommends that SBCAS divide the city into separate beats of the city and require ACOs to cover just that portion of the city each day. oR-5b The Grand Jury recommends the City of San Bernardino provide animal care training to the public twice annually. Each ACO is to provide training for pet owners in his/her beat via online or in-person.

The respondent agrees with the finding and is waiting on additional data to create the areas assigned to the Unit once all Animal Control Officers are hired and fully trained. The Department will provide regular training opportunities for the community through the existing neighborhood associations.
•F-6 The public perception of Animal Control Officers is that they are a threat to their pet.
oR-6 The Grand Jury recommends that the SBAS reach out and educate the public about Animal Services via in-person and other forms of media.

The respondent agrees with the finding and is working to increase community outreach to residents regarding the services and programs the Department offers to assist pet owners. •F-7 One of the biggest reasons for the continued spike in dog attacks/bites in the City of San Bernardino is due to the number of non-spayed/neutered animals in the city.
oR-7 The Grand Jury recommends the SBAS reach out and educate the public in the City of San Bernardino about the benefits of spaying/neutering dogs.

Education to be delivered in-person and other forms of media.

The respondent disagrees partially with the finding. A recent report revealed that dog bites were increasing throughout the State. Additionally, the lower median household income combined with increased poverty rates for residents in the City of San Bernardino illustrate

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the challenge the community experiences with gaining access to spay/neuter services for their pets. The Department believes that supportive services, including access to low cost or free spay/neuter is vital to lowering the number of loose dogs in the City and subsequently, reducing dog bites.

Prior to the release of the Grand Jury report, the City was already in the process of implementing many of the recommendations, so the responses agree with many of the findings and have timelines associated with implementation of the recommendations. 2021-2025 Strategic Targets and Goals
The City’s response to the Grand Jury Investigation aligns with Strategic Goal Number 3: Improved Quality of Life by evaluating public safety and improving the level of service the Department of Animal Services provides to the community.

Fiscal Impact
There is no fiscal impact associated with this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the response to the County of San Bernardino Civil Grand Jury Report, titled “Who Let the Dogs Out? A Tail in Two Cities”, released in December 2023.

Attachments
Attachment 1 – San Bernardino Response to Civil Grand Jury Findings Regarding Animal Control
Attachment 2 – SB Animals – 2023-Grand Jury-Final Report Confidential Attachment 3 – 2023 Final Report Acknowledgement Form
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A

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CITY OF SAN BERNARDINO RESPONSES TO GRAND JURY FINDINGS AND RECOMMENDATIONS IN REPORT TITLED “WHO LET THE DOGS OUT? A TAIL IN TWO CITIES” Note: the original Grand Jury findings are repeated below in italics. The City’s responses are in bold, with additional explanation and commentary in regular typeface. References to the “City” or the “respondent” refer to the City of San Bernardino.

Responses to Findings
F-1 The Animal Services Department is underfunded and understaffed.

The respondent disagrees partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.

The Animal Services Department has not had a full staff of fully trained animal control officers for several years. In 2021, the Department had only six allocated Animal Control Officers with no supervisor or lead position assigned to the Unit. Over time, the Department has expanded the Field Services Unit to include a supervisor and lead animal control officer. At the end of 2023, Animal Services had filled all but two vacant animal control officer positions. The Unit consists of one Animal Services Supervisor for Field Officers, one Lead Animal Control Officer and four filled and fully trained Animal Control Officers for the City. There are currently two vacant positions, which the Department is working on filling. Because the Unit is not fully staffed, additional time is needed to fill the two vacant positions and then evaluate the need for increased Animal Control Officers once they are fully trained and assigned to the field.

F-2 San Bernardino Animal Services needs a veterinarian on site to take care of pets’ medical needs.

The respondent agrees with the finding.

F-3 San Bernardino Animal Services does not currently have a checklist that all ACOs may use to inspect the yard of an offending owner of a stray or biting dog. This is needed for consistency of documenting the encounter and putting the owner on notice to remediate the problem area.

The respondent agrees with the finding.

F-4 The SBCAS Policy and Procedure Manual is not complete, nor updated every year, thus the procedures for ACOs are not completely clear and laid out in written form.

The respondent agrees with the finding.

F-5 Currently, ACOs do not have assigned areas (beats) of responsibility within the City of San Bernardino. If SBCAS assigned different beats to each ACO, it would save time and fuel, provide a quicker response, and increase time for educating the pet owners and public who reside in the ACO’s area.

The respondent agrees with the finding.

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F-6 The public perception of Animal Control Officers is that they are a threat to their pet.

The respondent agrees with the finding.

F-7 One of the biggest reasons for the continued spike in dog attacks/bites in the City of San Bernardino is due to the number of non-spayed/neutered animals in the city.

The respondent disagrees partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.

There are several reasons for the higher number of dog bites in the City of San Bernardino as compared to the City of Rancho Cucamonga. A recently released report noted that dog bites were increasing throughout the State. Additionally, the Department feels that the bite statistics should be compared to a population with similar demographics to our residents. According to Census.gov, in 2022, the City of Rancho Cucamonga had a poverty rate of 7.5% with a median household income of $105,534 versus the City of San Bernardino where the poverty rate was significantly higher at

20.2% with a lower median household income of $61,323. Residents in the City of San Bernardino have limited access to spay/neuter services and experience economic barriers to obtaining veterinary care for their animals. While low cost and/or free spay/neuter services are crucial to reduce the number of loose dogs in the City, the Department believes that supportive services are necessary to help the community. The services needed to reduce the number of stray dogs includes expanded access to care, education on responsible pet ownership, including keeping your pet on a leash, free microchipping as well as bite prevention training for all community members regardless of pet ownership. Expanded programming and community support would have a greater impact on reducing the total number of dog bites annually.

Responses to Recommendations
R-1a Increase funding for Animal Services.

The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.

The Department has requested additional funding for crucial positions, including a Public Education officer as well as a Manager overseeing the Community Outreach Unit. These positions will be included with the expansion of the Department to cover shelter services for Fontana, Rialto and Colton in addition to Grand Terrace and Loma Linda. The Department believes these additional positions serving in a Community Outreach capacity will help increase public education to our community and larger region, ultimately reducing dog bites.

R-1b The Grand Jury recommends increased funding is necessary to allow Animal Services to hire additional ACOs.

The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed,

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including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.

The Animal Control Unit has not been fully staffed with trained Animal Control Officers for the past five years. This is the first time in several years that the Department has had four trained field officers to respond to calls in the City and is working to fill two vacant positions. The City therefore requests additional time to fill the vacant positions and then evaluate the need for additional staffing once there are six fully trained officers assigned to field operations in the City.

R-2a Hire an on-site veterinarian which would save time and money.

The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.

The Department has an open recruitment for two on-site veterinarians as well as per diem positions designated for high quality high volume spay neuter. The recruitment for the position of veterinarian has been open for over a year, and the City has increased the compensation package and salary twice during that time. Despite the increase in salary as well as offering a stipend, the position has not been filled as a result of a nationwide shortage of veterinarians. The Department is currently working with the City’s Human Resources Department to identify additional opportunities to recruit staff veterinarians, including recruiting foreign candidates through a Federal Visa program. Due to the challenges in recruiting for these positions, the Department does not have a timeline for onboarding staff veterinarians.

R-2b The Grand Jury recommends a Partnership with San Bernardino City Unified School District to create an Animal Services Pathway program for high school students to learn about animal care, becoming groomers, veterinary technicians and veterinarians.

The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.

The Department is open to a partnership with the San Bernardino City Unified School District, but additional time is needed to develop and implement the program and propose it to our elected officials. The Department will be attending Career Day at two schools (elementary and junior high) in the district over the next couple of months. Our vet staff, animal control officers and administrative staff will be at the event to discuss opportunities for careers in animal welfare. We will utilize this pilot program to fully develop a proposal for the partnership with the school district.

R-2c Create an outreach program for prospective veterinary hires.

The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.

The Department is conducting research on outreach for prospective veterinarians. We will work with the City’s Human Resources Department to develop a program based on industry best

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practices. Due to the Nationwide shortage of Veterinarians, the Department will need additional time to conduct the study and implement the program.

R-3 The Grand Jury recommends that the Animal Services Department develop a uniform written checklist for ACOs to check and ensure that the yard is secure. A copy of the checklist is to be given to the owner.

The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.

The Department is working to create a checklist for the Animal Control Officers to utilize on home inspections. We estimate the checklist will be completed and implemented by September 2024.

R-4a The Grand Jury recommends that the SBCAS complete writing the Policy and Procedure Manual and eliminate the names of employees and use the staff positions instead. Review the Manual annually and present current changes in laws to staff monthly.

The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.

Department leadership is currently working on revising the Policy and Procedure Manual to be completed and distributed to staff by January 2025.

R-4b Hold monthly or bimonthly staff meetings at the Shelter with management and ACOs to bring everyone up to date on the latest laws and/or developments in the field of Animal Care.

The recommendation has been implemented, with a summary regarding the implemented action.

The department currently holds monthly all-staff meetings with ACO’s in attendance and holds bimonthly staff meetings for the Field Operations department. In both meetings staff discuss current cases, challenges and solutions in-line with industry best practices. Staff also attend webinars related to the field of animal welfare from National Industry Leaders, including the American Society for the Prevention of Cruelty to Animals (ASPCA), Best Friends Animal Society, Maddie’s Fund and CalAnimals Animal Welfare Association.

R-5a The Grand Jury recommends that SBCAS divide the city into separate beats of the city and require ACOs to cover just that portion of the city each day.

The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.

The Department is working to divide the city into at least 4 quadrants so that officers can be assigned to a specific area and rotated quarterly. We expect this to be completed and implemented by January 2025.

R-5b The Grand Jury recommends the City of San Bernardino provide animal care training to the public twice annually. Each ACO is to provide training for pet owners in his/her beat via online or in- person.

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The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.

Once the City determines the areas ACO’s will be assigned to and the Policy and Procedure Manual has been finalized and distributed, the Department will offer regular training to the community. We estimate this to be implemented by Spring 2025. Currently, the administration team is scheduling and attending Neighborhood Association Meetings in an attempt to educate community members on responsible pet ownership and programs available to the residents and their pets.

R-6 The Grand Jury recommends that the SBAS reach out and educate the public about Animal Services via in-person and other forms of media.

The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.

The Department is currently active on social media, informing the public about our programs and services. The City is in the process of redesigning the website and the Department plans on updating the Animal Services pages to be more informative and accessible to the community. Additionally, the Department holds quarterly in-person Animal Control Commission meetings open to community members. In addition, the administration team is working with the Neighborhood Association to schedule presentations at their regular meetings in the community. The Department expects a communication policy, including public education to be completed by Summer 2025.

R-7 The Grand Jury recommends the SBAS reach out and educate the public in the City of San Bernardino about the benefits of spaying/neutering dogs. Education to be delivered in-person and other forms of media.

The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.

The City is in the process of redesigning the website and the Department plans on updating the Animal Services pages to include additional information on the benefits of spaying and neutering pets. Additionally, the Department holds quarterly in-person Animal Control Commission meetings open to community members. In addition, the administration team is working with the Neighborhood Association to schedule presentations at their regular meetings in the community, including the topic of the importance of spaying and neutering. Once the Department has a team of veterinarians to perform community spay/neuter, we hope the combination of education and opportunities for low-cost spay/neuter will help reduce the number of unwanted pets in the City.

We expect the public education piece of the communication policy to be completed and implemented by Summer 2025.

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SAN BERNARDINO COUNTY

CIVIL GRAND JURY
2023

SAN BERNARDINO COUNTY

REPORTS

REPORTS

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WHO LET THE DOGS OUT?

A TAIL IN TWO CITIES

17 San Bernardino County Grand Jury Final Report

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SUMMARY
The 2023 San Bernardino County Civil Grand Jury (Civil Grand Jury, Grand Jury, GJ) has concerns with the increasing reports of dog bites and how they are handled by the animal services departments within San Bernardino County. An investigation was initiated by the Grand Jury and the following report contains the findings of said investigation.

On the morning of October 7, 2022, an elderly woman was walking in the Baldy Mesa area of San Bernardino County when she was attacked by two Dogo Argentino dogs. These animals are muscular, weigh between 80 and 100 pounds and, in the early twentieth century, were bred for dog fighting and hunting large game, such as wild boar.

When deputies arrived to assist, the woman was unresponsive. The 80- year-old had been mauled to death.

The 2023 Grand Jury found that hundreds of people nationwide are bitten or attacked by dogs. Unfortunately, many of the victims are children (www.Dogsbite.org).

Indeed, in a comparison with a city similar in population to San Bernardino, the Grand Jury found San Bernardino with a population of 220,328 had twice as many dog bites as Rancho Cucamonga with a population of 176,336 (US 2020 Census).

Dogs running loose and the number of dog bites have been on the rise in the City of San Bernardino. The San Bernardino City Animal Services Shelter is full of dogs waiting to be picked up by their owners or to be adopted by someone.

Many city residents have sustained bites by stray or loose animals. It is often difficult to find the dogs who bite people, and then locate their owners once a bite happens because:
• the dog runs away
• the owner, in fear of losing his/her dog to Animal Services, refuses to cooperate with the Animal Control Officer (ACO) who is attempting to assist
• the person bitten is not likely to chase after the dog 18 San Bernardino County Grand Jury Final Report

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“Studies conducted by the American Veterinary Medical Association have concluded that the most common causes of fatal dog attacks are preventable factors related to irresponsible ownership, abuse and/or neglect and failure to properly supervise large or strong dogs. Most fatalities are usually the result of human controlled factors specific to the circumstances surrounding the incident.” (www.avma.org) Bites from dogs are an important public health issue. According to “DogsBite.org”, a research and education nonprofit organization, in the period between 2010 to 2019, there were 369 dog bite fatalities in the US.

Five of these fatalities occurred in San Bernardino County. Three of those five were children under the age of three.

Whether in the City of San Bernardino, the County of San Bernardino or nationally, dog bites can lead to death, disfigurement, disability, and infectious diseases such as rabies. In most cases, it is a traumatic experience that can be reduced by a variety of means.

The 2023 Grand Jury investigated the City of San Bernardino Department of Animal Services. For the purpose of this report, the name San Bernardino City Animal Services will be used (SBCAS, Animal Services).

The Grand Jury toured and observed the kennels; however, the focus of this investigation centered on Animal Control Officers and Field Services.

Evidence revealed that the public has a misconception of the ACO’s role dealing with safe, healthy, pet ownership. Animal Control Officers are not the “Dog Catcher”. ACOs do not stalk the streets with large nets attached to long poles. The goal of the officer is to intervene and provide public education and safety. They are dedicated and educated animal lovers who have the skills, knowledge and compassion to assist the dog owner in keeping their animals safe, healthy and home for the life of the animal.

In the investigation into SBCAS, the Grand Jury also read documents and interviewed witnesses from Rancho Cucamonga Animal Field Services (RCAFS, RCAS) in order to compare Animal Services of a city of similar population.

19 San Bernardino County Grand Jury Final Report

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BACKGROUND
According to the American Veterinary Medical Association, more than 4.5 million people are bitten by dogs each year in the United States. More than 800,000 of these bites require medical attention, and at least half of those are children. The United States Postal Service reports that the state with the most dog bites against carriers is California. (www.usps.com) For the City of San Bernardino, the statistics reveal 238 dog bites on citizens from December 2021 to December of 2022. Some of these bites happen on the dog owner’s property, some occur while families with small children are out walking or when adults are outside exercising.

The 2023 Civil Grand Jury decided to investigate San Bernardino City Animal Services. In order to do that, the Grand Jury reviewed the statistics of Rancho Cucamonga Animal Field Services as well, because both cities are of similar size in population.

Evidence shows that the majority of Rancho Cucamonga’s and San Bernardino’s residents are responsible dog owners. The few that are not may face legal action being taken against them by the City and the County, as well as hefty fines.

METHODOLOGY
In this investigation into the San Bernardino Department of Animal Services, the Grand Jury read documents from both the SBCAS and RCAFS, including Animal Control Field Reports, 2022 statistics and euthanasia records. The Grand Jury conducted multiple interviews of administration, employees, Animal Control Officers, victims of dog bites and owners of stray, aggressive dogs. The GJ also read documents and conducted interviews of Rancho Cucamonga City Animal Care Services employees in order to compare what a city of similar size is doing to combat the number of stray, aggressive and biting dogs.

In fact, although Rancho Cucamonga has a larger population per square mile, (Rancho Cucamonga: 4,349.4, San Bernardino: 3,574.7 per US 2020 Census) and despite San Bernardino Animal Control Officers being better equipped with laptops, phones and SBACS dispatchers. San Bernardino still has twice as many dog attacks on their citizens as Rancho 20 San Bernardino County Grand Jury Final Report

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Cucamonga. This adds to the perception that the sheer number of stray dogs in the city of San Bernardino may be an important element in the number of dog attacks and should be addressed. (See the charts below) The Grand Jury attended a court hearing involving dogs impounded in the City of San Bernardino. The GJ completed a ride-along with Animal Control Officers in San Bernardino. Finally, the Civil Grand Jury visited the City of San Bernardino Animal Shelter to observe the condition of the shelter and the workings of Animal Services.

DISCUSSION
In the City of San Bernardino, dog bites can often be prevented, but that must include the understanding that responsible pet owners be routinely educated about:
• their choice of dog breeds
• the time owners are willing to put into training their animal • the proper response to a stray or strange animal
• the fact that Animal Control Officers are there to assist • rewards that come with owning an animal
Knowledge and skill in dealing with an aggressive or stray canine can help reduce the number of dog attacks. This was on full display as part of the Grand Jury investigation.

Evidence showed the City of San Bernardino ACOs are well trained. They are efficient at arriving at a scene and de-escalating a situation where there are loose dogs. The ACOs remain calm and in control.

They are trained to scan for micro-chips, to identify the owner, and place the animals in separate cages/trucks and transport them to the San Bernardino Animal Shelter. The officers display skill and knowledge rather than fear in their rescue of the dogs of unknown temperament.

Guidelines/Website Information
The City of San Bernardino Animal Services recommends the following to the public on their website: (www.SBCity.Org/City-Hall-Animal) 21 San Bernardino County Grand Jury Final Report

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• Keep your dog in an adequately fenced enclosure that enables it to exercise according to its size
• Lock your gate to prevent unauthorized access
• Housetrain your dogs so they can be inside with their family • Control your dog with a handheld leash when away from home • Socialize with other people and pets as circumstances permit • Look for opportunities for formal training at your local pet store, veterinarian or city recreation department. This will offer a structured environment to train and socialize your animal with other pets and people
• Spay or neuter your dog. This will reduce your dog's desire to roam • If you don't know how your dog will react to a new situation, proceed carefully
• Never leave your dog unattended with a small child
Simple guidelines, as the ones noted above, can help prevent many dog bites. There are numerous consequences for dog owners when their pet bites someone. There are fines attached to some bite incidents that the owner is responsible to pay. Also, their pet can be confined in quarantine, or euthanized if no other alternative is available for the pet's safe return.

National Dog Bite Prevention Week, sponsored by the AVMA, is slated for the second full week in April each year. The focus is education on dog bite prevention and sharing tips on what to do if you find yourself in a situation with an aggressive dog.

22 San Bernardino County Grand Jury Final Report

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Comparison of the two cities
Bar Charts

Data Source: San Bernardino and Rancho Cucamonga Animal Services data. Charts created by the Grand Jury.

The Grand Jury found, using the US 2020 Census Bureau’s report, that the City of Rancho Cucamonga had a total population of 176,336. The population per square mile was 4,349.4. The total land mass in square miles is 40.11.
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The same year’s report revealed the City of San Bernardino had a population of 220,328. The population per square mile was 3,574. The total land mass in square miles is 62.13.

In the Grand Jury’s comparison of RCAFS and SBCAS, the Grand Jury is aware that geographic size is a contributing factor for the increase of stray dogs and dog bites. However, when compared, the larger number of attacks on citizens of San Bernardino, which contained a smaller population per square mile, compelled an investigation.

Funding Needed for a New Shelter
The San Bernardino Animal Shelter is located at 333 Chandler Place, San Bernardino, CA 92408. It is comprised of three modular buildings that serve as Animal Services offices and a public lobby. There are five cinder block buildings of which four are kennels. They are segregated by male, female, quarantined and cats.

The San Bernardino Animal Shelter was built in 1960 and is in need of constant repair and additional kennels.

San Bernardino Animal Services reports that 10 to 12 dogs are received each day. In 2021, there were 2154 adult dogs and 324 puppies processed. In 2022, they processed 2887 adult dogs and 771 that are six months or younger.

Currently there are up to six animals in one kennel. The overcrowding hinders proper socialization because the animal is not meant to be in confinement and makes it more difficult to achieve a successful adoption.

Evidence revealed that keeping animals in overcrowded kennels may cause stress on the animals and people may observe behavioral issues which could hinder potential adoptions. (See Photos below)

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SAN BERNARDINO ANIMAL SERVICES DOG KENNEL

SAN BERNARDINO ANIMAL SERVICES DOG KENNEL
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SAN BERNARDINO ANIMAL SERVICES ROW OF KENNELS

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SAN BERNARDINO ANIMAL SERVICES CEMENT SLAB FOR KENNEL

EXPANSION

INCREASED FUNDING NEEDED
In the City of San Bernardino in 2022, 1250 adult dogs were adopted by private parties. There were 374 puppies adopted. Eight hundred and fifteen adult dogs and 230 puppies were transferred to rescue services (non-profit organizations who sometimes adopt animals with behavioral issues and prepare them for adoption). Five hundred animals, adults and puppies, were returned to their owners.

Evidence showed increased funding is needed for:
• additional Animal Control Officers
• an additional supervisor
• an on-site veterinarian
• a veterinary technician
• public education to inform the public about reactions to stray or aggressive dogs, proper yard confinement and the partnership role that San Bernardino Animal Services offers to the public 27 San Bernardino County Grand Jury Final Report

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San Bernardino Animal Services has been allocated land for a new facility.

The cost for the land alone is estimated at $2 million. The building of the new facility itself would run an additional $70 million.

The preliminary design for the facility has been completed. What is needed now is additional funding.

POLICY AND PROCEDURES MANUAL
Currently, evidence shows the San Bernardino City Shelter has begun writing a Policy and Procedures Manual. However, the current unfinished Manual refers to specific staff names, instead of positions. The staff names need to be deleted, and staff positions be inserted instead. The reason to eliminate staff names is to provide consistency in case of staff leaving. The GJ found the Manual needs to be finished and updated, with specific staff names removed.

VETERINARIAN NEEDED ON SITE
Low-cost spaying or neutering averages around $200. There is a mandatory spay or neuter ordinance in San Bernardino City. Due to the lack of veterinarian accessibility, the animal may be sent home with an “I will neuter later” form. Animal Services takes a $100 deposit that is paid back to the owner once proof is shown of spaying or neutering. Immediate on-site spaying or neutering would dramatically reduce the number of loose dogs and dog bites.

Evidence revealed that spaying and neutering pets will significantly decrease the number of stray dogs because they are less likely to leave their yard to look for a mate if they are spayed or neutered. However, many pet owners in the city do not have the funds for altering their dog. San Bernardino Animal Services contracts with an outside veterinarian and animals must be transferred to that veterinarian. An in-shelter veterinarian will help reduce the backlog of dogs who need to be neutered or spayed before being adopted out. Additionally, this may reduce the cost of medical procedures for the shelter and for pet owners.

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PET OWNER PERCEPTION: EDUCATION PROGRAM NEEDED
Evidence showed that the public has a negative, adversarial image of animal services. Public outreach is needed to inform people that Animal Control Officers are available to find their lost dog, advise them about proper yard confinement, advise and assist in vaccinations, spaying and neutering. They are not there for the sole purpose of confiscating the dog.

If Animal Control Officers had their own “beat” (area, see Glossary), they could be more visible and answer more questions from dog owners.

COMMENDATIONS
The 2023 San Bernardino County Civil Grand Jury commends the San Bernardino Department of Animal Services for the positive changes that have been made in the last four years. For example, ACOs now have laptops in their trucks as standard equipment. This saves time by making the field entries immediately. Evidence shows new trucks have been added to the department this year, which is helping deal with the tremendous number of strays daily.

The City of San Bernardino Department of Animal Services is to be commended for doing their own dispatch services, thereby prioritizing the needs of the community when dealing with stray, aggressive and/or biting dogs.

The Animal Control Officers who work for the City of San Bernardino Department of Animal Services are to be commended for their dedication, caring and hard work to help animals.

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SAN BERNARDINO ANIMAL SERVICES NEW TRUCK

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SAN BERNARDINO ANIMAL SERVICES TRUCK
The Grand Jury was very impressed with Animal Services and their staff, who displayed professionalism and a deep level of concern for the welfare of the animals. The Grand Jury commends the administration and staff for making every effort to identify a properly socialized dog for adoption and searching for reasons not to euthanize the animal.

CONCLUSION
The investigation into the San Bernardino City Department of Animal Services resulted in the Grand Jury coming to the following conclusions:
• Animal Services is doing the best it can in light of the huge job they are undertaking, and the Department is improving
• Animal Services needs additional finances to immediately hire additional ACOs
• Animal Services needs additional finances to immediately order equipped ACO trucks
• Animal Services needs a public education program to inform and assist dog owners about their responsibilities, how to deal with an aggressive dog and the partnership role that Animal Services offers • a fully staffed Animal Services could assign specific territories or beats to the Animal Control Officers. This would help the ACO in identifying “escape” prone dogs, learning about the owner and his home, and identifying aggressive animals. These beats are not withstanding in the event of emergency assistance needed in another area of town
• hire an on-site veterinarian
The Grand Jury concludes that the San Bernardino Animal Services Department continues to strive to ensure the Animal Control Officers do an effective job for the City of San Bernardino.
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FINDINGS

RECOMMENDATIONS

IMPLEMENTATION
DATE

REQUIRED RESPONSE
F-1: The Animal
Services
Department is
underfunded and
understaffed.

R-1a: Increase funding for
Animal Services.

R-1b: The Grand Jury
recommends increased
funding is necessary to
allow Animal Services to
hire additional ACOs.

July 1, 2024 The San Bernardino City
Council
F-2: San
Bernardino
Animal Services
needs a
veterinarian on
site to take care
of pets’ medical
needs.

R-2a: Hire an on-site
veterinarian which would
save time and money.

R-2b: The Grand Jury
recommends a Partnership
with San Bernardino City
Unified School District to
create an Animal Services
Pathway program for high
school students to learn
about animal care,
becoming groomers,
veterinary technicians and
veterinarians.

R-2c: Create an outreach
program for prospective
veterinary hires.

September 1, 2024 The San Bernardino City
Council
F-3: San
Bernardino
Animal Services
does not
currently have a
checklist that all
ACOs may use to
inspect the yard
of an offending
owner of a stray
or biting dog.

This is needed
R-3: The Grand Jury
recommends that the
Animal Services
Department develop a
uniform written checklist
for ACOs to check and
ensure that the yard is
secure. A copy of the
checklist is to be given to
the owner.

April 1, 2024 The San Bernardino City
Council
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for consistency of
documenting the
encounter and
putting the owner
on notice to
remediate the
problem area.

F-4: The SBCAS
Policy and
Procedure
Manual is not
complete, nor
updated every
year, thus the
procedures for
ACOs are not
completely clear
and laid out in
written form.

R-4a: The Grand Jury
recommends that the
SBCAS complete writing
the Policy and Procedure
Manual and eliminate the
names of employees and
use the staff positions
instead. Review the
Manual annually and
present current changes in
laws to staff monthly.

R-4b: Hold monthly or
bimonthly staff meetings at
the Shelter with
management and ACOs to
bring everyone up to date
on the latest laws and/or
developments in the field
of Animal Care.

July 1, 2024 The San Bernardino City
Council
F-5: Currently,
ACOs do not
have assigned
areas (beats) of
responsibility
within the City of
San Bernardino.

If SBCAS
assigned different
beats to each
ACO, it would
save time and
fuel, provide a
quicker response,
and increase time
for educating the
pet owners and
public who reside
R-5a: The Grand Jury
recommends that SBCAS
divide the city into
separate beats of the city
and require ACOs to cover
just that portion of the city
each day.

R-5b: The Grand Jury
recommends the City of
San Bernardino provide
animal care training to the
public twice annually. Each
ACO is to provide training
for pet owners in his/her
beat via online or in-
person.

September 1, 2024

September 1, 2024

The San Bernardino City
Council
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in the ACO’s
area.

F-6: The public
perception of
Animal Control
Officers is that
they are a threat
to their pet.

R-6: The Grand Jury
recommends that the
SBAS reach out and
educate the public about
Animal Services via in-
person and other forms of
media.

September 1, 2024 The San Bernardino City
Council
F-7: One of the
biggest reasons
for the continued
spike in dog
attacks/bites in
the City of San
Bernardino is due
to the number of
non-
spayed/neutered
animals in the
city.

R-7: The Grand Jury
recommends the SBAS
reach out and educate the
public in the City of San
Bernardino about the
benefits of
spaying/neutering dogs.

Education to be delivered
in-person and other forms
of media.

September 1, 2024 The San Bernardino City
Council

REQUIRED RESPONSES
San Bernardino City Council

INVITED RESPONSES
Kristine Watson, Director of City of San Bernardino Animal Services 34 San Bernardino County Grand Jury Final Report

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GLOSSARY
The following Glossary was created by the Grand Jury to provide context and information to terms used in this report.

1. American Veterinary Medical Association (AVMA): A not-for-profit association of veterinarians that provide continued education, publications and other resources about animals to the public.

2. Animal Control Officers: The staff of San Bernardino City Department of Animal Services who are responsible for responding to the public’s calls and dealing with dogs, and other animals, in the city limits.

3. Beat: An assigned area of responsibility for each Animal Control Officer.

4. Euthanasia: The medical process of ending the life of an animal.

5. Foster care for animals: The temporary care of an animal pending a successful permanent adoption.

6. RCAFS: Rancho Cucamonga Animal Field Services.

7. SBCDAS: San Bernardino City Department of Animal Services.

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Exit Interview Acknowledgement Form Page 1 of 3
Last Updated: 5/2017
San Bernardino County Grand Jury
658 East Brier Drive, Suite 125
San Bernardino, CA 92408
Contact Phone: (909) 382-3971
2023 CIVIL GRAND JURY FINAL REPORT

ACKNOWLEDGEMENT FORM
The information provided below informs you of your legal responsibilities and requirements concerning your official responses to the Civil Grand Jury Report. PLEASE NOTE that you have time sensitive deadlines (a timeline has been produced below for your convenience). You must file your department’s responses with the designated Clerk of the Superior Court and also submit a copy to the Clerk of the County Board of Supervisors. Failure to file your responses to the San Bernardino Superior Court and Board of Supervisor’s clerk may result in your appearance before the Presiding Judge to show cause for not responding. California Penal Code §933 states as follows:
§933 FINDINGS AND RECOMMENDATIONS; COMMENT OF
GOVERNING BODIES; DURATION OF SECTION
(c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to §914.l shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervisors or controls. In any city and county, the mayor shall also comment on the findings and recommendations.

All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency…
(d) As used in this section “agency” includes a department. §933.05 RESPONSES TO FINDINGS
(a) For purposes of subdivision (b) of §933, as to each grand jury finding, the responding person or entity shall indicate one of the following:

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Exit Interview Acknowledgement Form Page 2 of 3
Last Updated: 5/2017
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of §933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions.
(1) The recommendation has been implemented, with a
summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for
implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore.
(c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendation affecting his or her agency or department.
(d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.

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Exit Interview Acknowledgement Form Page 3 of 3
Last Updated: 5/2017
(f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report.

Completion Criteria and Timeline
The Department/Organization shall have fulfilled its obligations when the following occurs:
•Prepare Official Response Due 60-90 days from the date the final report has been made available to the
public. (*Generally made available to the
public the last day of the fiscal year 6/30th)
•Send Original to the
Presiding Judge/Clerk of San Bernardino
County Superior Court,
State of California
C/O Grand Jury Coordinator, Valerie Silvas
172 West Third Street, Second Floor
San Bernardino, CA 92415-0243
•Send Courtesy Copy to
Clerk of the Board of Supervisors
Lynna Monell
Clerk of the Board of Supervisors
385 N. Arrowhead Ave., 2nd Floor
San Bernardino, CA 92415-0130
PLEASE CONFIRM RECEIPT OF THIS FORM BY EMAIL.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 17, 2024
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Certifying Results of the Primary Municipal Election held on March 5, 2024
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution No. 2024-077 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the Primary Municipal Election held on March 5, 2024, certifying the election results and such other matters as provided by law.

Executive Summary
Adopt the resolution associated with the results of the City of San Bernardino Primary Municipal Election. The County of San Bernardino Registrar of Voters completed a canvass of the votes and provided the results of the election of the City Clerk Department on April 5, 2024. In accordance with Election Code section 15372 (a), the results of the Municipal Election held on March 5, 2024, must be certified by the governing body.

Background
In accordance with Article 8, Section 800, of the City Charter, the City of San Bernardino shall consolidate the Primary Municipal Election and General Municipal Election with the state Primary and General Municipal Election every two years.

On September 6, 2023, Resolution No. 2023-137 was approved by the Mayor and City Council, Calling a Primary Municipal Election. On March 5, 2024, the Primary Municipal Election was held by the San Bernardino County Registrar of Voters for the office of Third Ward City Council Member, Fifth Ward City Council Member, Sixth Ward City Council Member, and Seventh Ward City Council Member for the City of San Bernardino.

Discussion

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The Primary Municipal Election was conducted on March 5, 2024, by the San Bernardino County Registrar of Voters. The final results of the election were released by the San Bernardino County Registrar of Voters on March 29, 2024, and were received via mail by the City Clerk Department on April 5th. According to the Statement of Votes cast report provided by the Registrar of Voters, the City of San Bernardino has 60,808 registered voters in the Wards up for election. Of the total combine candidate votes, 10,488 voted in the Primary Municipal Election, resulting in an 17.24% voter turnout.

The Statement of Votes declares the following:
•Juan Figueroa was re-elected as a Member of the City Council, Ward 3 •Mario Flores was elected as a Member of the City Council, Ward 6 The following candidates received the highest percentage of votes for Fifth Ward City Council Member and Seventh Ward City Council Member and will be entered into the General Municipal Run-Off Election to be held on November 5, 2024:
•Fifth Ward Council Member
oKim Knaus with 37.13%
oHenry Nickel with 25.12%
•Seventh Ward Council Member
oTreasure Ortiz with 39.04%
oJames F. “Jim” Penman with 31.12%
The candidates elected to office will be seated in December following the certification of the results for the General Municipal Election.
2021-2025 Strategic Targets and Goals
Certifying the results of the election aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community.

Fiscal Impact
There is no fiscal impact by adopting this Resolution.

Conclusion
Adopt Resolution No. 2024-077 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the Primary Municipal Election held on March 5, 2024, certifying the election results and such other matters as provided by law.

Attachments
Attachment 1 – Resolution No. 2024-077 Certifying the Result of the Primary Municipal Election
Attachment 2 – Resolution No. 2024-077 Exhibit ‘A’ – Final Certified Elections

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Results
Attachment 3 – County of San Bernardino Certification of Elections Results of March 29, 2024
Ward:

All Wards
Synopsis of Previous Council Actions:

On September 6, 2023, the Mayor and City Council adopted Resolution No. 2023- 137, calling for a Primary Municipal Election.

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Resolution No. 2024-077
Resolution 2024-077
April 17, 2024

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