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Agenda packet

Mayor and City Council
June 5, 2024

Document
Agenda packet
Meeting
June 5, 2024
Body
Mayor and City Council
Pages
6
Original file
119.8 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.

RESOLUTION NO. 2024-117

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA

DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 45)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a Resolution No. 2024-116 calling a special election for June 5, 2024 and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated June 5, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election.

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. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code.

SECTION 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said Packet Page. 171
Resolution No. 2024-117
Resolution No. 2024-117
June 5, 2024

Page 2 of 3 ends

Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-070 adopted by the Mayor and City Council on April 17, 2024. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 45 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on April 24, 2024, in Book 91 of Maps of Assessment and Community Facilities Districts at Page 61, in the office of the San Bernardino County Recorder.

SECTION 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory.

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 5th day of June 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 172
Resolution No. 2024-117
Resolution No. 2024-117
June 5, 2024

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-117, adopted at a regular meeting held on the 5th day of June 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
Packet Page. 173

EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 45

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated April 10, 2024, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
Paladin Equity SB LLC 16 16
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2024.

Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:

(Attach completed copies of Waiver/Consent and Ballot)
Packet Page. 174
Ordinance No. MC-1640
1 ORDINANCE NO. MC-1640

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on June 5, 2024, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on Packet Page. 175
Ordinance No. MC-1640
2 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof.

SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

SECTION 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

SECTION 4. Authorization to Publish Ordinance. 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.

SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2024.

Helen Tran, Mayor
City of San Bernardino
Packet Page. 176
Ordinance No. MC-1640
3 Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 177
Ordinance No. MC-1640
4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1640, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 5th day of June, 2024. Ordinance No. MC-1640 was approved, passed and adopted 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
Packet Page. 178

EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

Packet Page. 179

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of June 5, 2024)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21 7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25 Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25 Packet Page. 180
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, - 15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33, -34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18, -19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40 37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28 40 Shandon Hills Plaza LLC 0266-521-20 and 0266-521-22
41 Inland Maple Partners LLC 0134-054-01, -35, -37, -39 43 Gateway SB LLC
0134-101-28, -02, -03,
-04, -05, -06
44 Paladin Equity SB LLC 0281-361-28
45 GWS #8 Development LLC
0280-171-01 thru -11, 0280-161-
03, 0280-161-05 thru -18, 0280-
161-30, 0280-151-27, -28
Packet Page. 181

EXHIBIT E

PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO

REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS

TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES

THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE

COMMUNITY FACILITIES DISTRICT

1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district.

2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.

3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto.

4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting.

5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code.

6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to Packet Page. 182
annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure.

IN WITNESS WHEREOF, I hereunto set my hand this _ꢀ_ꢁ__ day of _ _)_H_E_UX_D_U_\__, 20_ꢀ_ꢂ_.

OWNER'S PROPERTY:

TRACT MAP OR PARCEL MAP NO.
or PROJECT NO. PM 20412
OWNER'S MAILING ADDRESS:
_9__0_1_ _V_i_a_P__i e__m_o__n_te__,_S_u__it_e_1__7_5_,_O_ _n_t_a_t_io_,__C_A__91764 __________________________________________
__________________________________________

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS ____ DAY OF __________, 20___.
_____________________________________
City Clerk of the City Council of the
City of San Bernardino
Packet Page. 183
INSERT EXHIBIT A: BOUNDARY DESCRIPTION
(Provide Legal Description)
Packet Page. 184
Order Number: NCS-1109250-ONT1
Page Number: 7

LEGAL DESCRIPTION
Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows:

PARCEL A: (APNS: 0280-171-01-0-000, 0280-171-02-0-000, 0280-171-03-0-000, 0280-171-04-0-000, 0280-171-05-0-000; 0280-171-06-0-000, 0280-171-07-0-000, 0280-171-08-0-000, 0280-171-09-0-000, 0280-171-10-0-000, 0280-171-11-0-000, 0280-161-15-0-000, 0280-161-16-0-000, 0280-161-03-0-00, 0280-161-30-0-000, 0280-161-18-0-000, 0280-161-17-0-000, 0280-161-05-0-000, 0280-161-06-0-000, 0280-161-07-0-000, 0280-161-08-0-000, 0280-161-09-0-000, 0280-161-10-0-000, 0280-161-11-0-000, 0280-161-12-0-000, 0280-161-13-0-000 AND 0280-161-14-0-000) PARCEL 1 OF PARCEL MAP NO. 20412, RECORDED DECEMBER 19, 2023, ON FILE IN BOOK 262, PAGES 62 THROUGH 66, INCLUSIVE, OF MAPS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERALS OF EVERY KIND AND CHARACTER CONVEYED TO NORTEX MINERALS NO. 2, L.P., A TEXAS LIMITED PARTNERSHIP BY GRANT DEED RECORDED OCTOBER 22, 2018 AS INSTRUMENT NO. 2018-0436225 OF OFFICIAL RECORDS.

PARCEL B: (APNS: 0280-151-27-0-000 AND 0280-151-28-0-000) PARCEL 2 OF PARCEL MAP NO. 20412, RECORDED DECEMBER 19, 2023, ON FILE IN BOOK 262, PAGES 62 THROUGH 66, INCLUSIVE, OF MAPS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER CONVEYED TO NORTEX MINERALS NO. 2, L.P., A TEXAS LIMITED PARTNERSHIP BY GRANT DEED RECORDED SEPTEMBER 30, 2020 AS INSTRUMENT NO. 2020-0371078 OF OFFICIAL RECORDS.

First American Title Insurance Company
Packet Page. 185
INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP
(Please Provide a Current Parcel Map)
Packet Page. 186
Packet Page. 187
Packet Page. 188
Packet Page. 189
Packet Page. 190
Packet Page. 191
Public Hearing
CFD No. 2019-1 Annexation No. 45:

PM 20412 (GWS #8 Development LLC)
Presented By: Spicer Consulting Group
Packet Page. 192
Public Hearing on CFD 2019-1 Annexation No. 45
Recommended Action:

1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election, d. Adopt a Resolution declaring results of special landowner election; and

2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and

3. Schedule the adoption of the Amended Ordinance for July 17, 2024.

Packet Page. 193
Public Hearing on CFD 2019-1 Annexation No. 45
Discussion:
• The Property Owner, GWS #8 Development LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
• The proposed project will include an industrial warehouse building. The development was fully approved on May 25, 2022.
• The area proposed within Annexation No. 45 includes twenty-nine (29) parcels, APNs 0280-171-01 thru -11, 0280-161-03, 0280-161-05 thru -18, 0280-161-30, 0280-151-27 and 0280-151-28. • On April 17, 2024, the City Council adopted Resolution No. 2024-070, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on June 5, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night. The proposed maximum annual tax of $1,826 per acre for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 45.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

Packet Page. 194
Public Hearing on CFD 2019-1 Annexation No. 45
Discussion (Cont.):
• The services, which may be funded with proceeds of the special tax include but are not limited to:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

Packet Page. 195
Project Location
• The property is located at the northwest corner of Lena Road and Norman Road • Ward: Third Ward
Packet Page. 196
Public Hearing on CFD 2019-1 Annexation No. 45
Fiscal Impact:
• It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be approximately $27,913. All costs associated with the annexation is borne by the Developer. There is no fiscal impact to the City’s General Fund.

Packet Page. 197
Questions?
Packet Page. 198

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CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 45

PROJECT MAP
Packet Page. 199
This space for filing stamp only
OR#:

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

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

Ad Description:

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

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

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3815138
Perla Lopez

CITY OF SAN BERNARDINO/CITY CLERK - LEAD
290 NORTH D ST.

SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX

TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
05/21/2024
05/21/2024

SAN BERNARDINO
!A000006772004! Email

NOTICE OF PUBLIC HEARING

ON INTENTION TO ANNEX

TERRITORY TO AN EXISTING

COMMUNITY FACILITIES
DISTRICT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO. 45)
NOTICE IS HEREBY GIVEN that
the City Council of the City of San
Bernardino on April 17, 2024 adopted
its Resolution No. 2024-070, in which
it declared its intention to annex
territory to existing Community
Facilities District No. 2019-1
(Maintenance Services) (the "CFD
No. 2019-1"), and to levy a special tax
to pay for certain maintenance
services, all pursuant to the
provisions of the Mello-Roos
Community Facilities Act of 1982,
Chapter 2.5, Part 1, Division 2, Title
5 of the California Government
Code. The resolution describes the
territory to be annexed and
describes the rate and method of
apportionment of the proposed
special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER
GIVEN that the City Council has
fixed 5:00 p.m., or as soon thereafter
as practicable, Wednesday, June 5, 2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San
Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the
hearing, the testimony of all interest
persons for or against the
annexation of the territory or the
levying of the special taxes will be
heard. If and to the extent
participation in the June 5, 2024
meeting must occur by
teleconference, videoconference, or
other electronic means authorized
by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods
for participating the meeting shall
be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the
Norman F. Feldheym Public
Library at 555 W. 6th Street, San
Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-
384-5002. DATED: May 16, 2024
Genoveva Rocha City Clerk of the City of San Bernardino 5/21/24 SBS-3815138#
Packet Page. 200

PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochella Clayton, Acting City Manager;
Joshua Dramitinos, Deputy Director Economic Development Department: Economic Development
Subject: Development Code Amendment 23-01 (Short-Term
Rental Program) (All Wards)
Recommendation:

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

1. Hold a Public Hearing; and

2. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1628 of the Mayor and City Council of the City of San Bernardino, California, adopting the Short-Term Rental Program, and approving Development Code Amendment 23-01 amending Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino; and finding that Development Code Amendment 23-01 is exempt from review under the California Environmental Quality Act; and

3. Schedule the adoption of Ordinance No. MC-1628 for July 3, 2024.

Executive Summary
This agenda item is the first reading of the proposed Short-Term Rental Program, a program to provide property owners with short-term rental opportunities. This would include the management of the number of units, address the potential impacts of shortterm rentals, and allow for the future collection of Transit Occupancy Tax (TOT) similar to hotels. The fiscal impact is estimated to be a potential annual future contribution of approximately $324,000 in TOT to the City’s General Fund.

Packet Page. 201
Background
On December 13, 2022, the Planning Commission received and filed an update on the state of short-term rentals in the City and forwarded a recommendation to the Mayor and City Council to direct staff to develop a regulatory scheme for short-term rentals within the City’s residential districts.

On January 18, 2023, the Mayor and City Council recommended that staff work to adopt a regulatory scheme for Short-Term Rentals.

On February 27, 2023, the Planning Commission received a report from staff and conducted a workshop to provide direction to staff that included or considered items to regulate Short-Term Rentals.

On November 14, 2023, Development Code Amendment 23-01 was continued by the Planning Commission to the meeting of December 12, 2023.

On December 12, 2023, the Planning Commission, by a unanimous vote, adopted Resolution No. 2022-031PC forwarding a recommendation (Attachment 3) that the Mayor and City Council approve Development Code Amendment 23-01, amending Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino; and found that Development Code Amendment 23-01 was exempt from review under the California Environmental Quality Act.

On February 21, 2024, staff took forward a recommendation to the Mayor and City Council for the adoption of a regulatory scheme for Short-Term Rentals. At that meeting, staff was directed to conduct additional analysis on enforcement measures and the effects of a Short-Term Rental Program on the City’s housing market.

Discussion
A Short-Term Rental (STR) refers to a residential dwelling unit, that is offered or provided to a paying guest by a short-term rental operator for thirty (30) or fewer consecutive nights. The term "short-term rental" does not include a hotel, motel, inn, or bed and breakfast inn.

Statewide STRs are a part of California’s tourism market, but when left unregulated, they can lead to unwanted negative effects caused by those uses, such as excessive noise and parking problems within existing residential neighborhoods. As such, many communities have recently adopted or proposed restrictions on STRs. Restrictions can include establishing designated areas for STRs, limiting the number of days a year a property can be rented, or banning STRs entirely.

The City of San Bernardino does not currently have an ordinance that expressly regulates STRs and has experienced the negative effects of excessive noise, parking problems and discarded trash on surrounding properties, resulting in numerous Packet Page. 202
complaints, creating a threat to the public interest, health, safety, convenience, and welfare of the community. While the demand for vacation rental units within the City is evident, it is necessary to establish regulations that will provide a reasonable balance between the short-term rental operations and the recognized need to protect the residential character of existing neighborhoods.

Table 1 below provides a summary of the proposed regulations for short-term rental operations.

TABLE 1: SUMMARY OF PROPOSED SHORT-TERM RENTAL PROGRAM

Program Type • Whole Home / Property Vacation Rental Only Registration Permit
• Annual Permit Required
• 1 License per Property Owner
• Property can be owned by individuals & non-individuals (Corp, LLC, Trust) if proof of connection to the property owner can be established
Fees • Permit Fee to range between $500 - $775*
• *Fee is based on Cost Recovery and may change
Density
• 4 Bedroom / 8 Occupant Max
• Not to Exceed (NTE) 8 Occupants Per Stay (2 people per bedroom)
• Not to Exceed (NTE) 12 People on the property at one time Length of Stay • No Minimum # of Days
• Max 29 Day Stay / NTE 120 Days in a Calendar Year
Property Type
• Eligible Types: Primary Residence SFR, Condo, Guest
House *SFR with Detached Guest House to be rented as
one unit
• Properties within High Fire Zones DO NOT qualify to
participate
Inspection
• In-person property inspection to be conducted as part of the application process
• Inspection to be done annually at time of renewal
Noise
• Default to Municipal Code Noise Control
• Quiet hours from 10 p.m. – 8 a.m.
• Outdoor Noise Monitoring Device Required
Parking • Limited to On-Site Parking Only in designated spaces Enforcement
• STR Property Identification
• 24hr Concern/ Complaint Hotline
• Owner/Agent must respond to complaints within 60 Minutes • Default to Municipal Code – Code Enforcement Procedures • Violations & Administrative Citations will be issued
• 3 Violations will result in Non-Renewal of Permit
Packet Page. 203
Fines
• Progressive Administrative Citation Penalties
• 1st Admin Citation (Per Violation) = $100
• 2nd Admin Citation (Per Violation) = $200
• 3rd Admin Citation (Per Violation) = $500 & Non-Renewal of Permit
Transit Occupancy
Tax /
Transient Lodging
Tax
• All permits subject to Transient Occupancy Tax (TOT)
• *Pending election to amend Ordinance No. MC-1484
Additional Items
• Good Neighbor Policy Brochure required to be provided to and signed by each renter and kept on-site
• Copy of Permit with the number of guests allowed to be posted at the house
• In-person or virtual check-in allowed
• Must have a 24hr phone number listed for Property
Owner/Agent
• Cannot have a restricted affordable housing covenant
• Change of property ownership requires a new application • Evidence of Property Insurance / Commercial Insurance specifically for STR $500k minimum limit/occurrence
Proposed Amendment
In order to ensure that short-term rentals are compatible with the neighborhoods in which they may be located, this amendment will update definitions and establish development and operational standards regulating short-term rentals in the City of San Bernardino.

Development Code Amendment 23-01 amends SBMC Title 19, as summarized below:
§ Chapter 19.02 (Basic Provisions), Section 19.02.050 (Definitions) is updated to add definitions for those terms used specifically within the Short-Term Rental Program (Attachment A, Exhibit A).
§ Chapter 19.04 (Residential Zones), Table 04.01 (Permitted and Conditionally Permitted Uses) is updated to add short-term rentals as a permitted use within all single-family and multi-family zones (Attachment A, Exhibit B). § Chapter 19.04 (Residential Zones), Section 19.04.030(2)(W) (Residential Zones Specific Standards – Short-Term Rentals) is added to establish development and operational standards for short-term rentals (Attachment A, Exhibit C).

The Police Department has reviewed the regulations contained within the proposed Development Code Amendment 23-01 and has concluded that none of the proposed changes pose any challenges to enforcement.

Packet Page. 204
Implementation
The regulations governing short-term rentals will take effect 30 days following approval of Development Code Amendment 23-01 by the Mayor and City Council. As currently written, the ordinance does not provide for any exemptions for rentals with an existing business license. All properties currently operating as a short-term rental will be required to register and obtain a Short-Term Rental Permit. The City will send all properties potentially operating as a short-term rental a letter notifying them of the newly adopted regulations and will provide operators with 60 days to comply or face enforcement measures.

Property owners of Short-Term Rentals may be responsible for reporting and paying into the City’s Transient Lodging Tax/Transit Oriented Tax (TOT). In order for the City to impose this tax on STRs, the City is required to amend and update Ordinance No.

MC-1484, which outlines regulations on the collection of the City’s TOT. Staff plans to bring forward an updated Ordinance for public consideration to the next eligible election. Once approved and certified, reporting and collection of TOT would be effective the first day of the first quarter following the election (January 1, 2025).

Staff members may exercise the option to postpone the commencement of the program from the effective date, aiming to finalize an agreement with a software platform that will facilitate the seamless implementation of the Short-Term Program regulations. This decision allows for a more comprehensive and efficient integration of the necessary tools and resources for the program's successful launch.

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

Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods.

Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

San Bernardino contains a wide range of neighborhoods accommodating an assortment of lifestyles. Each neighborhood has, or can have, its own unique character that is a source of pride for the residents. Neighborhood character is defined by many factors: what the neighborhood looks like, safety and security, maintenance of streets and green spaces, and more. But more importantly, neighborhood character is an image in the minds of those who live and work there and in the perceptions of those who visit.

The rise of short-term rentals within the City has created the need to establish regulations to ensure the compatibility between short-term rentals and the residential character of neighborhoods in which they may be located in order to mitigate any potential conflicts that may arise from their operation.

Packet Page. 205
The adoption and implementation of Development Code Amendment 23-01 is consistent with the City’s General Plan by allowing for the development of Short-Term Rentals within residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at large.

California Environmental Quality Act
The Planning Division conducted an environmental evaluation in connection with the proposed Development Code Amendment 23-01 and concluded that it is exempt from CEQA under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines due to the fact that the proposed Development Code Amendment will not create significant effects on the environment as it establishes standards for the rental of existing residential properties in areas zoned for residential use. 2021-2025 Strategic Targets and Goals
Development Code Amendment 23-01 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 program will update the Development Code to establish standards to help protect the residential character of neighborhoods in which short-term rentals may be located. The amendment to the Development Code will ensure consistency with the City’s land use designations as required by the City’s General Plan.

Fiscal Impact
There is no immediate General Fund impact associated with this item. Once adopted, and Ordinance No. MC-1484 has been amended, this item has the future potential to contribute approximately $324,000 into the General Fund Transit Occupancy Tax.

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

1. Hold a Public Hearing; and

2. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1628 of the Mayor and City Council of the City of San Bernardino, California, adopting the Short-Term Rental Program, and approving Development Code Amendment 23-01 amending Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino; and finding that Development Code Amendment 23-01 is exempt from review under the California Environmental Quality Act; and

3. Schedule the adoption of Ordinance No. MC-1628 for July 3, 2024.

Attachments
Attachment 1 Ordinance No. MC-1628 (Approving Development Code Packet Page. 206
Amendment 23-01)
Attachment 2 Ordinance No. MC-1628 Exhibit A-C
Attachment 3 Planning Commission Resolution 23-043 from December 12, 2023 Attachment 4 PowerPoint - DCA 23-01 for Short-Term Rentals Attachment 5 Newspaper Publication
Ward:

All Wards
Synopsis of Previous Council Actions:

January 18, 2023 The Mayor and City Council recommended that staff work to adopt a regulatory scheme for Short-Term Rentals.

February 21, 2024 The Mayor and City Council directed staff to conduct additional analysis on the impacts of short-term rentals and further define enforcement actions.

Packet Page. 207
Ordinance No. MC-1628
1 ORDINANCE NO. MC-1628

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING

THE SHORT-TERM RENTAL PROGRAM, AND APPROVING
DEVELOPMENT CODE AMENDMENT 23-01 AMENDING
SECTION 19.02.020 (BASIC PROVISIONS – DEFINITIONS)
AND CHAPTER 19.04 (RESIDENTIAL ZONES) OF THE CITY

OF SAN BERNARDINO DEVELOPMENT CODE (SBMC
TITLE 19) IN ORDER TO ESTABLISH A SHORT-TERM
RENTAL PROGRAM IN THE CITY OF SAN BERNARDINO;

AND FINDING THAT DEVELOPMENT CODE AMENDMENT
23-01 IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WHEREAS, in recent years there has been an increase in privately-owned residential properties being used as short-term rentals in the City; and WHEREAS, the unregulated use of existing housing as short-term rentals can escalate the demand for City services and create adverse impacts in residential zones; and WHEREAS, the City has determined that there should be a reasonable balance between the regulation of short-term rental operations and the recognized need to protect the residential character of neighborhoods in which they may be located; and WHEREAS, on December 13, 2022, the Planning Commission received and filed an update on the state of short-term rentals in the City and forwarded a recommendation to the Mayor and City Council to direct staff to develop a regulatory scheme for short-term rentals in the City’s residential districts; and
WHEREAS, on January 18, 2023, the Mayor and City Council recommended that staff work to adopt a regulatory scheme for short-term rentals; and WHEREAS, on February 27, 2023, the Planning Commission heard a report from staff and conducted a workshop to provide staff direction to include or consider items to regulate shortterm rentals; and WHEREAS, Development Code Amendment 23-01 is a City-initiated amendment to Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the city of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino; and
WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 23-01 in compliance with the California Government Code, consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; and Packet Page. 208
Ordinance No. MC-1628
2 WHEREAS, on November 14, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 23-01 and at which meeting, the Planning Commission considered Development Code Amendment 23-01.

Upon conclusion of the public hearing the Planning Commission continued the item to allow staff time to address comments raised during the public hearing; and WHEREAS, on December 12, 2023, 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 the duly-noticed continued public hearing and adopted Resolution No. 2023-043 recommending the adoption of the Development Code Amendment 23-01 to the Mayor and City Council; and
WHEREAS, notice of the February 21, 2024, public hearing for the Mayor and City Council's consideration of Development Code Amendment 23-01 was published in The Sun newspaper on February 10, 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 23-01.

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 23-01 and this Ordinance No. MC-1628 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) 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 23-01 Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: Development Code Amendment 23-01 is consistent with the General Plan, as follows:

Packet Page. 209
Ordinance No. MC-1628
3 Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods.

Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

San Bernardino contains a wide range of neighborhoods accommodating an assortment of lifestyles. Each neighborhood has, or can have, its own unique character that is a source of pride for the residents. Neighborhood character is defined by many factors: what the neighborhood looks like, what it feels like, how well it is maintained, etc. But more importantly, it is an image in the minds of those who live and work there and in the perceptions of those who visit.

The rise of short-term rentals within the City has created the need to establish regulations to ensure the compatibility between short-term rentals and the residential character of neighborhoods in which they may be located in order to mitigate any potential conflicts that may arise from their operation.

The adoption and implementation of Development Code Amendment 23- 01 is consistent with the City’s General Plan by allowing for the development of Short-Term Rentals within residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at-large.

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 23- 01 is in the interest or furtherance of the public health, safety, convenience, and general welfare through the establishment of regulations that will preserve the residential characteristics of residential zoning districts and mitigate the harm to the residential zoning districts that result from shortterm rentals.

SECTION 4. Adoption of Ordinance. Development Code Amendment 23-01 to amend Section 19.02.020 (Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Municipal Code (Title 19), attached hereto and incorporated herein by reference as Exhibit “A” through “C”, 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 Packet Page. 210
Ordinance No. MC-1628
4 certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 23-01.

SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2024.
__________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
Packet Page. 211
Ordinance No. MC-1628
5 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- 1628, introduced on June 5, 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
Packet Page. 212

EXHIBIT A
Development Code Section 19.02.050
(Definitions)

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

Agent. A person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner.

Bedroom. A room designed primarily for sleeping that meets the definition of the California Building Codes currently adopted by the City.

Check-in. The arrival of a guest at a vacation-rental property or agent’s office.

Guest House. Living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family, temporary guest, or persons permanently employed on the premises. This definition shall not include ADUs built subject to Section 19.04.030(2)(P) (Accessory Dwelling Units).

Home-Sharing. The rental of bedrooms in a residential unit for a term of 29 or fewer consecutive days while the owner of the unit is present and living in the unit.

Hosting Platform. A person or entity who participates in vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet-based services that facilitate bookings for a fee.

Multi-Family Residential. Two (2) or more dwelling units in a single building on a site.

Owner. A person or entity, who holds record fee title to the property, except that “owner” does not include the holder of a leasehold interest in the property.

Responsible Party. The lessee of a vacation-rental property.

Short-Term Rental or Short-Term Rental Property. A residential dwelling unit that is leased for a term of 29 or fewer consecutive days.

Packet Page. 213

EXHIBIT B
Development Code Section 19.04.020
(Permitted, Development Permitted, and Conditionally Permitted Uses)

19.04.020 (Permitted, Development Permitted, and Conditionally Permitted Uses); Table 04.01 (Residential Zones – Permitted, Development Permitted, and Conditionally Permitted Uses) shall be modified to read as follows:

TABLE 04.01

PERMITTED, DEVELOPMENT PERMITTED, AND

CONDITIONALLY PERMITTED USES

LAND USE ACTIVITY RE RL RS RU RM RMH RH RSH

1. Residential Uses
A. Community Care Facility (6 or less) P P P P P P P X
B. Condominium or Townhouse D D D D D D D X
C. Convalescent Homes X X X C D D D X
D. Day Care Center C C C C C C C X
E. Day Care Homes, Family
8 or less children P P P P P P P X
9 to 15 children D D D D D D D X
F. Dormitories/Fraternity/Sorority X X X X C C C X
G. Homeless Facilities X X X X C C C X
H. Manufactured Housing D D D D D D D X
I. Mobile Home Parks or Subdivisions D D D D D D D X
J. Multi-Family Dwellings X X X D D D D X
K. Multi-Family Dwellings, Existing X X X P P P P X
L. Planned Residential Developments X X X D D D D X
M. Second Accessory Dwelling Unit P P P P P P P P
N. Senior Citizen/Congregate Care Housing X X X D D D D X O. Single-Family Dwellings D D D D D D D X
P. Single-Family Dwellings, Existing P P P P P P P X
Q. Small Lot Subdivision X X X D D D D X
R. Student Housing Complex X X X X X X X C
R. Short-Term Rentals P P P P P P P X
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EXHIBIT C
Development Code Section 19.04.030(2)
(Residential Zones Specific Standards)

19.04.030(2) (Residential Zones Specific Standards); Table 04.03 (Residential Zones Specific Standards) shall be modified to read as follows:

TABLE 04.03

RESIDENTIAL ZONES SPECIFIC STANDARDS
Specific Standards RE RL RS RU RM RMH RH RSH CO CG-2 CR-2 A. Accessory Structure + + + + + + + + + +
B. Day Care Facility + + + + + + + + + +
C. Day Care Home, + + + + + + +
Large Family
D. Density Bonus/Affordable + + + + + + + + + +
Housing or Amenities
E. Front/Rear Yard + + + + +
Averaging
F. Golf Courses & Related + + + + + + +
Facilities
G. Guest House + + + +
H. Minimum Room Size + + + + + + + + + +
I. Minimum Dwelling Size + + + + + + + + + +
J. Mobile Home & + + + + + + +
Manufactured Housing
K. Mobile Home Park or + + + + + + +
Subdivision
L. Multiple Family Housing + + + + + +
M. Multi-Family Housing, + + + +
Existing
N. Planned Residential +
Development
O. Recreational Vehicle + + + + + + +
Storage
P. Second Accessory
Dwelling Unit + + + + + + +
Q. Senior Citizen/ + + + + + + +
Congregate Care Housing
R. Single-Family Dwellings, + + + + + + + + + +
Existing
S. Small Lot Subdivisions +
T. Social Service Uses/ + + + + + +
Centers
U. Vocational/Trade Schools +
V. Student Housing Complex +
W. Urban Lot Splits + + +
X. Two-Unit Projects + + +
Y. Short-Term Rentals + + + + + + +
Key: “+” applies in the zone.

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EXHIBIT C

19.04.030(2) shall be modified to read as follows:

Y. Short-Term Rentals

1. Permit Required.
a. A current, valid annual permit issued by the City to the owner is required for each property prior to advertising, offering to lease, or leasing the property as a shortterm rental property. A copy of the permit shall be posted inside of the rental property.
b. No permit issued pursuant to the requirements of this section shall be transferred to any other person. Change of ownership of a property with a short-term rental permit shall require filing of a new application.
c. No permits shall be issued for home-sharing.

2. Eligibility.
a. Short-term rentals may be permitted in any residential zone which permits singlefamily residential uses, and which is developed with an existing single-family residence.
b. No short-term rental shall be permitted at any property located within a designated high-fire area.
c. No permits for a short-term rental shall be issued to any property subject to a restricted affordable housing covenant.
d. No permits for a short-term rental shall be issued to any ADU permitted in accordance with Section 19.04.030(2)(P).
e. No short-term rental property shall be rented for a cumulative period exceeding 120 days within any calendar year (January 1 – December 31).

3. Procedure.
a. An owner shall apply to the City for a license annually for each short-term rental property and pay a fee established by Resolution, which may be amended from time to time. The City shall provide an application form and list of application and insurance requirements.
b. Any application for a property owned by a corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, trust, etc.) shall be submitted only by a person authorized to submit such application.

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EXHIBIT C
c. An owner may not hold more than one permit, and may renew that permit, unless they have been revoked or not renewed. Applications for renewal shall be submitted a minimum of 30-days of permit expiration.
d. Owner shall comply with pre-licensing & renewal inspection requirements prior to issuance of license / permit or renewal.

4. Operational Requirements.
a. The owner and owner’s agent shall ensure that the vacation-rental property complies with all applicable codes regarding fire, building and safety, health and safety, zoning, lighting, and all other laws and regulations. b. Guest check-ins may be performed in person or virtually by the owner/agent. The responsible party must be provided with a copy of the City’s Good Neighbor Policy prior to or during check-in and a signed copy kept on file by the owner/agent. An additional copy shall be made available on-site. c. Overnight occupancy of the short-term rental property shall always be limited to the number stated on the permit. Such occupancy shall not exceed two adults per bedroom; but the total number of persons may not exceed 8 persons per stay. d. The maximum number of people permitted at the property shall not exceed 12 people at one time.
e. No party, wedding, or other large social gathering exceeding the maximum capacity allowed under Section 19.04.030(2)(Y)(4)(d) of this Chapter shall be permitted at a short-term rental property.
f. No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other any machine or device for the producing or reproducing of any sound may be operated on the vacation-rental property unless it is within a fully enclosed structure and is not audible at the property line of the vacation-rental property pursuant to Chapters 8.54 and 9.48 on the Municipal Code. g. All short-term rental properties shall install a noise monitoring device capable of alerting the owner/agent in the case of outdoor noise in excess of 65 decibels (dBs).
h. Parking is allowed only in designated driveways and garages and is not allowed in the yard or street at any time.
i. The owner shall include notice to the responsible party of the requirements of this section and post a visible notice of these requirements at the property. j. The property owner/agent shall make available to the responsible party a 24/7 contact number in case of emergency. This number shall be available at the property.

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EXHIBIT C
k. Any complaints registered against a property shall be responded to within 60 minutes of notification by the City to the owner/agent. l. Upon the request of the City, the owner/agent shall respond in person at the shortterm rental property within 60 minutes of dispatch of notice by the City to correct a violation of this section or any other provision of the Municipal Code.

5. Agent. An owner may grant authority to an agent to act on behalf of the owner for purposes of fulfilling some or all the requirements of this chapter. The owner shall give prior written notice to the City of any grant of authority, including the identity and contact information for the agent. The owner shall promptly give the City prior written notice of any change to any such grant of authority. The use of an agent shall not excuse the owner from the owner’s obligations of this chapter. Agents and owners fulfilling any of the requirements of this chapter shall be annually certified by the City.

6. Transient Occupancy Tax.
a. If approved by the voters, beginning January 1, 2025, the owner is responsible for collecting and remitting transient occupancy tax to the City and shall comply with all provisions of Chapter 3.55 of the Municipal Code b. If approved by the voters, beginning January 1, 2025, hosting platforms shall be responsible for collecting all applicable transient occupancy taxes and remitting the same to the City. The hosting platform shall be considered an agent of the host for purposes of transient occupancy tax collections and remittance pursuant to Chapter 3.55 of the Municipal Code.
c. Owners shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a hosting platform is remitting the taxes due on their behalf.
d. Permit holders making two or more late submittals in a 12-month period shall not have their license renewed upon expiration.

7. Inspections and Audits.
a. Each owner/agent shall comply with pre-licensing & renewal inspection requirements prior to issuance of permit or renewal. Property inspection is required to verify that the subject property is in compliance with the standards of this section and the Municipal Code.
b. Each owner/agent shall provide the City, upon request, with access to the shortterm rental property and to such related records, documents, tax returns, and bank accounts at any time during normal business hours as the City may determine are necessary for the purpose of inspection or audit to determine that the objectives and conditions of this section are being fulfilled.

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EXHIBIT C

8. Hosting Platform Responsibilities.
a. Subject to applicable laws, hosting platforms shall, upon written request by the City, promptly disclose to the City each vacation-rental property listing located in the City, the host ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.
b. A hosting platform shall promptly remove any listing upon receipt of a take-down notice from the City indicating that a listing violates applicable legal requirements.
c. A hosting platform is responsible for collecting and remitting transient occupancy taxes on behalf of their hosts beginning January 1, 2025, in accordance with Subsection 6 above.
d. A hosting platform shall require all hosts to include a valid license number in a designated field dedicated to the license number no later than January 1, 2025.

9. Violations and Penalties.
a. Any owner or permit holder in violation of any requirements of this section shall be subject to the enforcement provisions of Chapter 9.93 of the Municipal Code. b. Permit holders who received three violations shall not have their license renewed upon expiration.

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Development Code Amendment 23-01
Short-Term Rental Program
Presented By: Stephanie Castro, Project Manager
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Background:

December 13, 2022:

Planning Commission forwarded a recommendation to Council to support the development of regulations
January 18, 2023:

Mayor & City Council directed staff to develop regulations February 27, 2023:

Planning Commission STR Workshop
February 21, 2024:

Mayor & City Council directed staff to conduct analysis on enforcement  measures and the impact to the housing market.

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Program Overview:

Program Type
Whole Home/Property Vacation Rental Only
Must be a “Primary Resident” Property – No Commercial
Properties
Cities with “Primary Resident” requirement:
• Los Angeles
• Malibu
• San Francisco
• New York
• Portland
• Denver
• Boulder
• New Orleans
From the Experts:
• Easier to enforce
• Does not deplete housing
stock
• Remains eligible for
Homestead Exemption
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Program Overview:

Registration Permit:

Annual Permit Required
1 License Per Property Owner / Primary Resident
Property can be owned by Individuals & Non-Individuals if proof of connection to the property owner can be established (Corp., LLC or Trust) Fees:

Permit fee estimated to range between $500 - $775*
*Fee is based on cost recovery and is subject to change Fees will be established by Resolution at a future Mayor &  City Council meeting Packet Page. 236
Program Overview:

Density:
4 Bedroom / 8 Occupancy Max
NTE 8 Occupants Per Stay
NTE 12 People Per Day at one time
Length of Stay:

No Minimum # of Days
Maximum 29 Day Stay / NTE 120 Days in a Calendar Year
Property Type:

SFR, SFR w/ Guest House and Condo
Properties within a High Fire Zone DO NOT qualify to participate Packet Page. 237
Program Overview:

Property Type - High Fire Zone
CalFire Public Zoning Map
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Program Overview:

Inspection:

In-Person Property Inspection to be conducted with each new Application Inspection to be done annually with each Renewal Application Transit Occupancy Tax:

All permits subject to TOT
Voter Ballot Initiative during the next Eligible Election Packet Page. 239
Program Overview:

Noise:

Default to Municipal Code
Noise Control
Quiet Hours from 10pm – 8am
Outdoor Noise Monitoring Device
Required
Device notifications start between
70dB – 75dB
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Program Overview: Enforcement
Platform Enforcement:

STR Property Identification
• Prior to accepting applications, properties identified to be operating as a STR will be notified of the program, new regulations, and be given an opportunity to come into compliance.
24hr Concern / Complaint Line:
• Supported by Platform
• Communicates directly with the Property Owner/Agent
• Property Owner/Agent must respond to concerns/complaints within 60 minutes
• Can route/direct calls to the Police Department (Noise Complaints) after previous steps have taken place.

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Program Overview: Enforcement
City Enforcement:

Code Enforcement acts as the 3rd level of Enforcement
1 Registered/Booked Stay = 1 Notice of Violation (NOV) @ No Cost • Property Owner not responding to Noise Monitoring Device • Property Owner not responding to Platform Notifications • Exceeding the number of people allowed on site
• Parking in excess of allowed spaces
Other NOV’s can include
• Properties operating out of compliance / without a permit Notice of Violations serve as a warning to correct activity.

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Program Overview: Enforcement
City Enforcement:

Progressive Administrative Citation Penalties
• 1
st Admin Citation (Per Violation) = $100
• 2
nd Admin Citation (Per Violation) = $200
• 3
rd Admin Citation (Per Violation) = $500 & Non-Renewal of Permit • Ex. 1st Admin Cite (3 Violations) = $300
3 Admin Citations, while permit is active, will result in Non-Renewal of Permit Police Department:

Police Department will follow the established call procedures for noise complaints and other reported criminal activity.

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Program Overview:

Additional Items:
• Good Neighbor Brochure required to be provided to renter, and kept on-site • Copy of Permit w/# of guests allowed to be posted at the house • In-Person or Virtual Check-In
• Must have a 24hr phone number listed for Property Owner/Agent • Cannot have a restricted affordable housing covenant
• Change of property ownership requires a new application • Evidence of Property Insurance / Commercial Insurance specifically for STR $500k min limit/occurrence
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Additional Analysis
San Bernardino STR Market:
 Estimated 270 Short Term Rentals in San Bernardino
 Properties / Listings
 During months of January, March, August & October historically there has been a spike of an estimated 20 to 40 additional STR’s.  This would represent an 8% to 15% increase during those months.  *Historical data does not necessarily dictate future results.
 Insomniac Events in the City
 Countdown - January
 Beyond Wonderland – March
 Hard Summer – August
 Escape - October
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Additional Analysis
Air BnB
April 12-14
Filters:

Entire Home
House
41 listings
Price Range
$120 - $975
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Additional Analysis
Air BnB
Memorial Day Weekend
May 24-27
Filters:

Entire Home
House
48 listings
Price Range
$90 - $975
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Additional Analysis:
 Based on a national average, STR’s increase rent in a jurisdiction by $125 per month.
 National Bureau of Economic Research, UCLA, and University of Southern California, published a research paper concluding that “a 10% increase in Airbnb listings leads to a 0.42% increase in rents and a 0.76% increase in house prices.

Moreover, we find that the effect of Airbnb is smaller in zip codes with a larger share of owner-occupiers, a result consistent with absentee landlords taking their homes away from the long-term rental market and listing them on Airbnb.”  STR’s have had a conservative growth of 17% annually since 2011.  While past results don’t necessarily determine future trends, there are some estimates that show STR’s will grow by an estimated 11% to 19% annually through 2032. This means STR’s will continue to effect rent prices & home prices in their respective jurisdictions.  Packet Page. 248
Additional Analysis:
 Harvard Business Review – February 2024
“Short-Term Rentals are not the biggest contributor to rising rents” Lack of Housing Units
Growing Demand for Housing
Heightened Construction Costs
“Governments wishing to ensure Short-Term Rentals won’t reduce housing affordability can  design regulations…” to do just that Primary Resident Property
 UCLA Anderson Review – February 2024
“Hotels across categories and sizes benefited when laws restricted short-term rentals, according to the study findings. On average, hotels in areas with restrictions on short- term home rentals reported a 3.5% larger revenue increase than in places without  restrictions.

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Program Processing:

1. City Staffing:
• Economic Development
• Planning
• Building & Safety
• Code Enforcement
• Business Registration
• Police Department

2. Software Platform:
• Electronic Application Process
• STR Property Identification
• Continued Monitoring
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Next Steps:

Draft
Regulations
Software
Platform Fee Study
Planning
Commission
Mayor &
City Council
Program
Implementation
Ballot
Nov 2024
Implementatio
n of TOT in
2025
Platform Selection
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Recommendation:

It is recommended that the Mayor and City Council:

1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1628 of the Mayor and City Council of San Bernardino, California, adopting the Short-Term Rental Program, and approving Development Code Amendment 23-01; and

2. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on July 3, 2024
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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, June 5, 2024, at 4:00 p.m. in the Feldheym Public Library, Bing Wong Auditorium, 555 West 6
th Street, San Bernardino, California 92410, on the following item(s):

DEVELOPMENT CODE AMENDMENT 23-01 – A City-initiated amendment to Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino.

Environmental Determination: Categorically Exempt, pursuant to Section 15061(b)(3) (Common Sense 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 public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the City Clerk’s Office by phone at (909) 384-5002.

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

Submitted: May 20, 2024
Publish: May 25, 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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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Suzie Soren, Deputy City Manager;
Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Continuation of May 15, 2024, Public Hearing:

Presentation of the City Manager’s Proposed Fiscal
Year 2024/25 & Fiscal Year 2025/26 Budget (All Wards)
Recommendation:

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

1. Continue the Public Hearing of the proposed Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement Plan;

2. Receive and file the proposed budget for Fiscal Years 2024/25 and 2025/26 Operating and Capital Improvement Plan presentation.

Executive Summary
The City Manager’s Proposed Budget provides the Mayor and City Council with a budget for the Fiscal Years 2024/25 and 2025/26. This report is a continuation of the Public Hearing held on May 15, 2024.

Background
Section 701 of the City Charter provides that the City Manager shall prepare and submit a proposed budget to the Mayor and City Council for the ensuing fiscal year. Article VII in Section 703 furthers states that Council shall publish a general summary of the budget and CIP and hold one (1) or more public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by the Council before the beginning of each fiscal year.

Discussion
The presentation provided to the Mayor and City Council tonight is a continuation of Packet Page. 254
the Public Hearing that was held on May 15, 2024.

Staff has provided the Mayor and City Council with three attachments in this Public Hearing in response to the prior Public Hearing held on May 15, 2024:
• Attachment 3 - Employee control document showing approved full-time positions that are filled or vacant;
• Attachment 4 - Comparison of the proposed budget with the status quo budget; and
• Attachment 5 - Strategic Initiatives Employee control document showing approved full-time positions that are filled or vacant. 2021-2025 Strategic Targets and Goals
The proposed budget review aligns with all key targets of the City Council’s Strategic Plan. Funding projects and programs at every level of the organization ensures that the City can achieve the goals and priorities established by the Mayor and City Council.

Fiscal Impact
There is no direct fiscal impact from receiving the presentation of the Proposed Budget for Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement Plan. Approval of the budget allocates the available resources to programs, services, and departments for the upcoming fiscal years.

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

1. Continue the Public Hearing of the proposed Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement Plan;

2. Receive and file the proposed budget for Fiscal Years 2024/25 and 2025/26 Operating and Capital Improvement Plan presentation.

Attachments

1. Attachment 1 – May 15, 2024 Public Hearing Staff Report

2. Attachment 2 – Public Hearing Notice

3. Attachment 3 - FY 2023-24 Authorized Personnel Summary

4. Attachment 4 - General Fund by Dept w- Status Quo Budget

5. Attachment 5 - Strategic Initiatives Approved Positions Update Ward:

All Wards
Synopsis of Previous Council Actions:

May 15, 2024 Mayor and City Council held a Public Hearing for the presentation of the City Manager’s Fiscal Years 2024/25 and 2025/26 Proposed Operating Budget Packet Page. 255
and Capital Improvement Plan.

April 17, 2024 Mayor and City Council received and filed the Fiscal Years 2024/25 and 2025/26 City Manager’s Proposed Operating Budget and Capital Improvement Plan.

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Suzie Soren, Deputy City Manager
Jeannie Fortune, Deputy Director of Finance & Management Services
Department: Finance & Management Services
Subject: Presentation of the City Manager’s Proposed Fiscal Year 2024/25 and Fiscal Year 2025/26 Budget (All Wards)
Recommendation:

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

1. Conduct the Public Hearing on the proposed Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement Plan;

2. Receive and file the proposed budget for Fiscal Years 2024/25 and 2025/26 Operating and Capital Improvement Plan presentation and provide direction to staff.

Executive Summary
The City Manager’s Proposed Budget provides the Mayor and City Council with a 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
Section 701 of the City Charter provides that the City Manager shall prepare and submit a proposed budget to the Mayor and City Council for the ensuing fiscal year. The Budget provides a financial plan for all City funds and activities for the upcoming fiscal year and includes a multi-year capital plan. This year, the City will propose a new biennial budget that encompasses Fiscal Years 2024/25 and 2025/26.

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 Packet Page. Packet Page. 25734
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
The Fiscal Years 2024/25 and 2025/26 Operating and Capital Improvement Budget recommendations were guided by the Mayor and City Council’s Strategic Targets and Goals for the City of San Bernardino. The four overarching categories of these Targets and Goals are:
• Improved Operational and Financial Stability
• Focused, Aligned Leadership and Unified Community
• Improved Quality of Life
• Economic Growth & Development
The purpose of the public hearing this evening is to review and discuss the proposed biennial budgets for Fiscal Years 2024/25 and 2025/26 (Attachment 1). The proposed budget contains a full review of the estimated available resources and the recommended allocations of these resources. The budget document (Attachment 1) provides an in-depth look at the programs and services provided by the city and allows the Mayor and City Council to make critical policy decisions.

The overview provided in this report includes a forecast of revenues, expenditures, and a review of fund balance for the General Fund, the capital improvement plan, including ongoing projects, and proposed additions. A brief overview of the proposed comprehensive budget totals across all funds is also described below.

To ensure transparency in the budgeting process, the City of San Bernardino has made the full proposed budget available online through our partners at OpenGov here:
https://stories.opengov.com/sanbernardinoca/published/RcJljI4Ai Proposed Fiscal Years 2025 & 2026 Budget Book.

Overview of FY 2024/25 and FY 2025/26 Proposed Budget – All Funds The FY 2024/25 Proposed Budget totals $331.7 million in revenues and $312.7 million in expenditures, and the FY 2025/26 Proposed Budget totals $350.4 million in revenues and $330.1 million in expenditures across all budgeted funds. These amounts reflect an increase of approximately 15.7% in revenues and 18.1% in expenditures from the FY 2023/24 Adopted Budget of $286.7 million in revenues and $262.9 million in expenditures.

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FY 2024/25 & FY 2025/26 TOTAL PROPOSED BUDGET
The City's Budget includes governmental, proprietary, and internal service funds, including grants and other restricted funds designated for specific services and purposes provided by the higher levels of government (i.e., Federal, State, and County governments and agencies). Many of the City’s special and restricted funds receive ongoing revenue streams, while some are one-time competitive grants and require careful monitoring and record-keeping.

In some instances, a fund may have available fund balances that have accumulated over time and are expended as the need arises and/or to complete specific projects within assigned timeframes. As such, the Budget contains many separate funds with specific accounting and reporting requirements per government regulations and, in some cases, statutes.

The City’s General Fund is not restricted and can be used to provide a broad array of public services. It is comprised of multiple revenue sources, including taxes, for example, property tax, sales and use tax, transaction and use tax (Measure S), transient occupancy tax (hotel tax), cannabis sales tax and others, user fees, fines, facility rentals, development-related fees, and other miscellaneous revenues.

Operating Budget – All Funds
The Proposed Budget increase of over $47.8 million, or 18.1%, for a total of $312.7 million in the Operating Budget portion of the FY 2024/25 and FY 2025/26 Budget across all funds is primarily attributed to addressing the City Council’s goal of Focused, Aligned Leadership, unified Community, and Improved Quality of Life. The most notable increases are Animal Services, with an increase of $5.7 million in expenditures, and the Liability Fund, with an increase of $11.7 million in expenditures.

Capital Budget – All Funds
The Capital Budget of $13.2 million and $17.5 million in FY 2024/25 and FY 2025/26, respectively, across all funds, reflects the City’s Capital Improvement Program (CIP) Budget. Additional details regarding the CIP Budget were presented at the April 17, Fund
Adopted
2023-24
FY2024-25Proposed FY2025-26Proposed
Revenues
General Fund Revenues $ 208,349,947 $ 236,603,800 $ 253,166,066 Other Fund Revenues $ 78,368,978 $ 95,076,919 $ 97,268,983 Total Proposed Revenues $ 286,718,925 $ 331,680,719 $ 350,435,049 Expenditures
General Fund Expenditures $ 198,758,027 $ 237,733,763 $ 252,961,302 Other Fund Expenditures $ 64,125,084 $ 74,988,484 $ 77,164,377 Total Proposed Expenditures $ 262,883,111 $ 312,722,247 $ 330,125,679 Packet Page. Packet Page. 25936
2024, Preliminary Proposed session and will be explained in much greater detail in the CIP section of the FY 2024/24 and FY 2025/26 Adopted Budget Book.

Overview of FY 2024/25 and FY 2025/26 Proposed Budget – General Fund The Proposed FY 2024/25 and FY 2025/26 General Fund Operating Budgets total $237.7 million in FY 2024/25 and $253.0 million in FY 2025/26. This reflects an increase of 19.6% from the FY 2023/24 Adopted Budget of $198.8 million. Despite a budgeted use of fund balance of $1,129,963 in FY 2024/25, the budget reflects a small surplus of $204,764 in FY 2025/26, continuing the positive trajectory for the General Fund. The budgeted use of fund balance in FY 2024/25 supports the additional positions added through the FY 2023/24 Mid-Year follow-up item, as well as additional items proposed by City Council.

General Fund Revenue Highlights
The FY 2024/25 and FY 2025/26 Proposed Budget for General Fund Revenues totals $236.6 million and $253.2 million respectively. FY 2024/25 represents a 13.6% increase from the FY 2023/24 Adopted Budget. Measure S (transaction and use tax) and Sales and Use Tax continue to be the main revenue sources within the General Fund, representing 47% of the total revenues for both fiscal years. These revenue sources have stabilized from the levels seen during the pandemic; the forecast includes a 1-5% increase in FY 2024/25 and FY 2025/26 over the FY 2023/24 Adopted Budget.

Several revenue categories within the General Fund are expected to continue to increase, such as investment income, use of money and property, utility user tax, other taxes, and licenses and permits. These revenues are used to cover public safety, parks and community services, development services, and other activities and programs.

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

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Sales and Use Tax and Measure S (Transaction and Use Tax) Sales and Use Tax in the City of San Bernardino represents 25% of the total General Fund revenues and is estimated to be $58.6 million and $62.7 million in FY 2024/25 and FY 2025/26, respectively. Measure S in the City of San Bernardino represents 23% of the total General Fund revenues and is estimated to be $53.6 million and $57.3 million in FY 2024/25 and FY 2025/26, respectively. Fairly strong job numbers and the relatively low unemployment rate allowed consumer spending to remain solid in FY 2023/24, and the City continues to see strong performance in these categories while much of the State is in a period of decline.

Cannabis Tax
Cannabis Tax revenue came in under budgetary expectations for FY 2022/23.

Statewide, cannabis tax collections are down by 9.5% for the calendar year 2023, primarily attributed to illegal operators cutting into the sales of legal operations and consequently diminishing the amount of tax collected on legal sales. Analysts predict that statewide crackdowns on illegal operators should mitigate this somewhat in the next couple of years. Locally, legal operators, with the exception of one who is no longer in possession of a city license to operate, are up to date with their payments.

FY 2023/24 is anticipated to end the year with $2,800,000 in total cannabis tax collections. Cannabis Tax in FY 2024/25 and 2025/26 is budgeted at $3,460,800 and $3,703,056, respectively. While these are significant increases, they should not be unrealistic if the state is working to resolve the issue of illegal operations.

Investment Income and Use of Money and Property
The Investment Income and Use of Money and Property categories represent just under 2% of the total General Fund revenues but have significant increases from the Packet Page. Packet Page. 26138
FY 2023/24 Adopted Budget. Investment income is estimated to be approximately $1.0 million in FY 2024/25 and FY 2025/26, compared to the $540,000 adopted in FY 2023/24. Use of Money and Property is estimated to be $2.6 million and $2.8 million in FY 2024/25 and FY 2025/26, respectively, compared to the $604,000 adopted in FY 2023/24. These increases are indicative of the higher interest rates in the current market. As the City invests strategically and higher interest rates continue, this category of revenue is likely to trend upward.

Utility User Tax
The Utility User Tax (UUT) category represents 12.2% of the total General Fund revenues and is estimated to be $28.9 million and $30.9 million in FY 2024/25 and FY 2025/26, respectively. This category is estimated to see a 38% increase from the FY 2023/24 Adopted Budget due to the increase in energy prices related to inflation and other factors impacting the cost of providing utilities. As the city continues to invest in economic development, increased commercial and industrial activity results in higher utility consumption, which drives additional UUT. This tax has been trending downward over time and is not anticipated to continue to increase over the long term.

Both residential and commercial consumers are investing in solar, working toward energy efficiency, and engaging in energy-conserving behaviors.

Licenses & Permits
The Licenses & Permits category consists of various fees for licensing for businesses, building permits, construction permits, etc., and represents 7% of the total General Fund revenue. This category is estimated to be $17.0 million and $18.2 million in FY 2024/25 and FY 2025/26, respectively, which is a 33% increase from the FY 2023/24 Adopted Budget. Though interest rates remain high, San Bernardino remains one of the most affordable cities in California for housing. Increases in new homes and population drive developer-related fees and other ancillary revenues like taxes when new businesses follow new residential developments.

General Fund Expenditure Highlights
The Proposed General Fund Budget for FY 2024/25 and FY 2025/26 includes total expenditures of $237.7 million and $253.0 million, respectively. Of this amount, 63.2% of the total budgeted expenditures are personnel-related costs such as full-time salaries, part-time salaries, health insurance, CalPERS retirement, and CalPERS unfunded liability. These amount to $150.3 million and $161.4 million for FY 2024/25 and FY 2025/26, respectively, an increase of over 21.3% altogether from the FY 2023/24 Adopted Budget of $131.4 million. 33.6% of the total budgeted expenditures are related to ongoing maintenance, operation, contractual, legal, internal service charges, and capital costs. These account for $79.8 million and $82.8 million for FY 2024/25 and FY 2025/26, respectively, an increase of over 30% altogether from the FY 2023/24 Adopted Budget of $63.0 million. The remaining 3.2% of the total expenditures are related to from the General Fund to the Animal Services Fund. In FY Packet Page. Packet Page. 26239
2024/25 and FY 2025/26, the estimated transfer from the General Fund into Animal Services is $7.7 million and $8.5 million annually. The FY 2024/25 and FY 2025/26 Proposed Budget for expenditures includes the following significant items:
• An increase of $1.0 million to the Legal Services department to better align with the anticipated expenses in the next few years while several high-profile cases move towards completion;
• An increase of $10.0 million in internal service charges to the General Fund to support the Liability Fund;
• A $1.3 million increase in utilities, driven by higher utility costs discussed above; • A $1.5 million increase in Community Development & Housing to support the implementation of the General Plan update;
• A $1.3 million increase in building maintenance within Public Works to support the Strategic Initiative of increased security services to secure public spaces; • A $4.4 million increase in the annual required CalPERS unfunded liability payment;
• A $1.0 million increase in the annual required CalPERS contribution; • Positions increased by $1.4 million during the FY 2023/24 Mid-Year follow-up item.

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

Department
FY 2023/24
Year-End Projected
FY 2024/25
Proposed
FY 2025/26
Proposed
Mayor $ 305,812 $ 403,756 $ 425,651
City Council 1,092,321 1,243,619 1,300,847
City Clerk 1,748,820 1,942,869 1,994,357
Legal Services 5,304,826 5,181,587 5,536,580
General Government 11,734,400 10,420,266 13,194,135
City Manager's Office 3,440,261 5,243,556 5,805,481
Human Resource & Risk Management 2,975,837 2,784,522 3,042,376 Finance & Management Services 5,580,156 6,612,496 7,241,806 Economic Development - 1,785,363 2,002,329
Community Development & Housing 12,092,145 15,004,584 16,413,508 Police 116,734,761 132,847,479 138,329,846
Parks Recreation & Community Services 5,224,619 6,000,401 6,389,934 Public Works 31,164,575 35,591,030 37,647,120
Library Services 2,924,322 4,975,030 4,952,282
Special Assessment District 114,321 150,000 150,000
Capital Improvement Operating Contribution 2,000,000 - - Transfer out to Animal Services 4,269,976 7,547,205 8,535,050 Total General Fund Expenditures $ 206,707,152 $ 237,733,763 $ 252,961,302

CITY OF SAN BERNARDINO PROPOSED EXPENDITURES
FY 2024/25 & FY 2025/26
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Personnel Costs
During Fiscal Year 2023/24, 103 positions were added, excluding any positions added through grants. As part of the Strategic Initiatives proposed in Fiscal Year 2023/24, the City added 35 positions. To enable Animal Services to adequately serve the anticipated doubling of the Regional Partnerships for Animal Services, the City added 34 positions, 3 of which are included in the 35 added with the Strategic Initiatives.

Fiscal Year 2024/25 marks the last year of MOUs entered into beginning in 2021 with all bargaining units. The City is currently undergoing a comprehensive classification and compensation study; the potential impact of this study was considered during the development of the biennial budget. The staff that serves the City of San Bernardino is a vital resource to both the organization and the community, and it is an important step to ensure that our compensation and benefits packages are competitive in the marketplace. The collective impact of adding new positions increases salaries, benefits, and, ultimately, pension liability, all of which impact the General Fund operating budget.

Beginning FY 2024/25, the total authorized full-time equivalent positions will be 942, exclusive of City Council Members and the Mayor.

Mayor
The April 17, 2024, budget workshop indicated that the proposed amount for the City Council in FY 2024/25 and FY 2025/26 amounts were $316,585 and $328,257, respectively. The City Council has proposed the addition of one (1) full-time Administrative Assistant within the Mayor’s Office to allow for adequate support of the Mayor. Currently, there is only one (1) support staff member within the Mayor’s Office.

This change in the Mayor’s personnel makes the new proposed budget for FY 2024/25 and FY 2025/26 $403,756 and $425,651, respectively. The Mayor’s Office proposed full-time equivalent positions will be increased by one (1), bringing the authorized personnel count to two (2), exclusive of the Mayor.

City Council
The April 17, 2024, budget workshop indicated that the proposed amount for the City Council in FY 2024/25 and FY 2025/26 amounts were $1,219,448 and $1,266,453, respectively. After feedback from the Mayor and City Council regarding their increased budgets for Meetings and Conferences, the City Manager has revised their travel budgets to increase by 10% from their previous budget of $6,000 as opposed to doubling their total travel budget, bringing each Ward’s travel budget to $6,600.

Furthermore, City Council has proposed the addition of two (2) full-time Administrative Assistant within the Council Office to allow for adequate support of the Council Members. Currently, there are only two (2) support staff members within the Council Office. This change in the City Council’s budget makes their new proposed budget for FY 2024/25 and FY 2025/26 $1,243,619 and $1,300,847, respectively. The Council Packet Page. Packet Page. 26441
Office proposed full-time equivalent positions will be increased by two (2), bringing the Council Office authorized personnel count to four (4), exclusive of City Council members.

City Clerk
On April 17, 2024, during the FY 2024 Mid-Year follow-up item, the Mayor and City Council authorized the addition of one (1) Records Management Specialist within the Department. The FY 2024/25 impact for this position is $101,497, and $5,000 for IT and other miscellaneous costs, bringing the total impact to $106,497. The total FY 2025/26 cost is forecasted to be $113,618. The Department’s proposed full-time equivalent positions will be 9.

City Manager’s Office
The City Manager’s Office proposed FY 2024/25 and FY 2025/26 budget increase is due to the positions approved by City Council FY 2023/24. These positions consist of two (2) Deputy City Managers, one (1) Auditor I, one (1) Auditor II, and one (1) Legislative & Government Affairs Manager. This change in the City Manager personnel makes the new proposed budget for FY 2024/25 and FY 2025/26 $5,243,556 and $5,805,481, respectively.

Community Development & Housing
The Mayor and City Council also requested the inclusion of two (2) additional Community Development Technicians to complete permit checks during the April 17, 2024, budget workshop. The FY 2024/25 cost for a Community Development Technician, inclusive of both salaries and benefits, is $92,816, and $5,000 for IT and other miscellaneous costs, the cost for two positions for FY 2024/25 is $195,632. The forecasted cost for FY 2025/26 is $220,566. With the addition of the above and the transfer out of Real Property Services to Economic Development, the Department’s full-time equivalent positions will be increased to 76.

Economic Development
Economic Development is a new department, added with the Strategic Initiatives. A director has yet to be hired as of the writing of this report. The initial plan was to add a director, three (3) managers, and an administrative assistant, as well as transfer three (3) existing full-time positions: a manager, a project manager, and a specialist from Community Development & Housing, for a total of eight (8) positions. In February of 2024, a Deputy Director position was added, and Real Estate Services, with three (3) positions, was also transferred from Community Development.

Public Safety - Police
The Police Department's focus areas are quality of life for the community, public engagement, organizational effectiveness, employee development, recruitment, and retention.

Packet Page. Packet Page. 26542
The Police Department added thirteen (13) critical positions during FY 2024, 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. On April 17, 2024, during the FY 2023/24 Mid-Year follow-up item, the Mayor and City Council authorized an addition of eleven (14) positions within the department. These positions consisted of six (6) Community Service Officers, five (5) Police Record Technicians, and three (3) Police Dispatchers. The FY 2024/25 cost for the fourteen (14) positions, inclusive of both salaries and benefits, is $1,073,135, and $70,000 for IT and other miscellaneous costs, bringing the total cost for FY 2024/25 is $1,143,135. The total forecasted cost for FY 2025/26 is $1,283,679.

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. With the addition of the dispatchers through the FY 2023/24 Mid-Year follow-up item, the Police department is requesting the addition of one (1) Civilian Range Master, one (1) Police Records Manager, one (1) Police Dispatch Supervisor, and one (1) Police Dispatch Manager. The FY 2024/25 cost for the four (4) positions, inclusive of both salaries and benefits, is $649,658, and $42,797 for IT and other miscellaneous costs, bringing the total cost for FY 2024/25 to $692,455. The forecasted cost for FY 2025/26 is $757,485.

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 significant amount of time that could be better used within the community. A custody transport service will transport multiple individuals at once, removing the need for patrol officers to take this time from their patrol duties.

The Police Department’s FY 2024/25 Proposed Budget is $132,847,479, a 10.6% increase over FY 2023/24 Amended Budget. 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 2023, accounts for another 13%. With the addition of the above, the Department’s full-time equivalent positions will be increased to 478.

Parks, Recreation and Community Services
Focus areas for the Parks, Recreation and Community Services Department include improvements to the City’s parks and 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.

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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 added with the intent to improve the quality of service to the community and the ability of our Parks and Recreation staff to provide service within our parks.

Parks and Recreation has four (4) Program Coordinator positions that are currently grant-funded through December 31, 2024. The City is proposing that these four (4) positions be fully funded through the General to continue expanding and improving services to the community.

The Parks, Recreation and Community Services budget is proposed to increase just over 6.9% for FY 2024/25, from $5.6 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 will increase to 29.

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.

The Public Works FY 2024/25 Proposed Budget is $35,591,030, a 2.1% increase over the FY 2024 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%.

Public Works is requesting new software and equipment for NPDES at a one-time cost of $78,000 and ongoing costs of $75,000 annually. The division's employees will also need four (4) iPads to interface with the new software in the field at a cost of $6,500.

Public Works is requesting the following additional positions: one (1) Engineering Technician and one (1) NPDES Inspector II. The FY 2024/25 cost for the two (2) positions, inclusive of both salaries and benefits, is $212,669. Technology and other miscellaneous costs are included in the request for software and iPads discussed above. The forecasted cost for the positions for FY 2025/26 is $240,521.

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 through the Strategic Initiatives.

With the addition of the positions detailed above, the Department’s proposed full-time Packet Page. Packet Page. 26744
equivalent positions will be increased to143.

Library
The Library Services Department's focus areas include continuing to increase staffing in the branch libraries, increasing community resources, 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 directly resulting from 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 improving branch service levels. The cost for one (1) position in FY 2024/25, inclusive of both salaries and benefits, is $82,787. The forecasted cost for FY 2025/26 is $92,102.

The Library Services Budget is proposed to increase 58.8% from the FY 2023/24 Amended Budget of $3,133,028 to the Proposed FY 2025 Budget of $4,975,030 as the City invests more in library operations, services, and technology. The FY 2025/26 budget is proposed to remain consistent year-over-year.

Two (2) full-time equivalent positions, the Library Network Administrator, and the Library Network Technician, will be transferred from Library Services to the IT Department. The library technology requires significant upgrades to both hardware and software. Moving these positions to the IT Department will allow more effective and efficient management of the upgrade process and Library Services technology in the future.

With these transfers and the addition of the Library Technician, the Department’s fulltime equivalent positions will be increased to 21.

Human Resources & Risk Management and Finance & Management Services Human Resources and Finance are internal service departments that ensure publicfacing departments have the necessary resources and support. Internal service departments include Human Resources, Finance, and Information Technology Services. Human Resources and Finance are included in the General Fund Budget, and IT is a separate Internal Service Fund.

The focus areas for Human Resources and Risk Management include policy updates, the organization-wide classification and compensation study, and improvements to the Packet Page. Packet Page. 26845
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. The FY 2024/25 cost for the Senior Office Assistant, inclusive of both salaries and benefits, is $69,959, and $5,000 for IT and other miscellaneous costs, for a total in FY 2024/25 of $74,959. The forecasted cost for FY 2025/26 is $83,099.

HR added one (1) HR Technician, one (1) HR Analyst II, and one (1) Supervising HR Analyst in FY 2023/24. With the addition of the Senior Office Assistant, the Department’s full-time equivalent positions will be increased to 18.

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.

All policies require ongoing monitoring to ensure relevance, compliance, and alignment with the law.

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 to focus more on journal entries and complex tasks. The FY 2024/25 cost for this position, inclusive of both salaries and benefits, is $89,677, and $5,000 for IT and other miscellaneous costs, bringing the total cost for FY 2025 to $94,677. The forecasted cost for FY 2025/26 is $108,879.

Other Funds
Animal Services Fund
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, and Colton in addition to the existing partnerships with Loma Linda and Grand Terrace. Starting July 1, the new partnerships are anticipated to double the number of animals that the shelter serves.

The FY 2024/25 and FY 2025/26 Proposed Budget for Animal Services will increase by $5.7 million over the FY 2023/24 Adopted Budget. Major shelter improvements and increased staffing levels are necessary to accommodate the increased animal intake, which, as discussed above, is expected to double. The three new partnership cities will contribute to the increased operational costs according to the number of animals brought in from each city and will contribute to the costs of a new shelter in the future.

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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 Animal Services Department FY 2024/25 Proposed Budget is $10,341,916, an increase of 42.1% over the FY 2023/24 Amended Budget of $7,278,049. This increase will allow the City to improve the services provided to the community as well as prepare for the increase in animals from the new regional partnerships. The FY 2025/26 budget is proposed to increase by 11.7% year-over-year to $11,551,824. The Department’s proposed full-time equivalent positions will be 71.

Liability Fund
The Liability Fund has experienced significantly increased claims in the last eighteen months. Staff recommended an increase during the FY 2023/24 Mid-Year Report of $7 million to complete the fiscal year. With stop-loss insurance that does not take effect until a claim reaches a $5 million threshold, lawsuits against the City can be extremely expensive. The FY 2024/25 and FY 2025/26 Proposed Budget for the Liability Fund will increase by $11.7 million over the FY 2023/24 Adopted Budget. These additional funds support the trend of increasing litigation and liability costs over the past eighteen months. Bringing this fund to the appropriate expenditure levels allows litigation and liability costs to be covered within the adopted budget. 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. Risk Management staff will monitor the claims and liabilities closely for developing trends.

Information Technology Fund
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 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 2024 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 Packet Page. Packet Page. 27047
being transferred from the General Government Department in the General Fund to the IT Fund, two (2) full-time equivalent Library IT positions, the Library Network Administrator and the Library Network Technician, currently in the Library Services Department, are moving to the IT Services Fund, and the ERP Manager position is also moving from Finance to IT. These transfers will increase the IT staffing from 15 full-time equivalent positions to 19.

Fleet Services
The FY 2024/25 budget is $6.1 million. The proposed FY 2024/25 budget is an increase over the FY 2023/24 adopted budget; the FY 2023/24 amended budget includes contracts that were not fulfilled before the end of FY 2023 which carried over.

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 forecast increase from FY 2024/25 to FY 2025/26 is approximately 4%.

General Fund Balance Overview
The estimated year-end fund balance for the General Fund is $173.1 million in FY 2024/25 and $162.8 million in FY 2025/26. These numbers are estimates and are subject to change based on actual revenue and expenditures within the given fiscal years, as reported in the Annual Comprehensive Financial Report (ACFR).

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:

ACFR 2022-23
Category

FUND BALANCE
06-30-2023

FUND BALANCE
06-30-2024

FUND BALANCE
06-30-2025

FUND BALANCE
06-30-2026
Nonspendable 41,421,536 40,000,000 40,000,000 40,000,000 Restricted 2,086,366 2,000,000 1,800,000 1,800,000
Committed
Animal Services 68,387 10,000,000
General Plan Update 142,877 2,400,000
Measure S - Capital Projects 81,762,949 73,512,719 64,561,199 54,637,148 15% Emergency Reserve 28,788,264 31,006,073 35,413,498 37,666,239 10% Economic Contingency Reserve 19,192,176 20,670,715 23,608,999 25,110,826 Unassigned - 5,724,718 9,364,343 7,091,633
TOTAL FUND BALANCE 173,462,555 185,314,225 174,748,039 166,305,846 Positions Added April 17 (Proposed Use of Fund Balance) - - (1,382,264) (1,560,865) Additional Administrative Positions (Proposed Use of Fund Balance) - - (261,513) (292,182) Additional Prior Year (FY 2024/25) Use of Fund Balance - - - (1,643,777) REVISED FUND BALANCE 173,462,555 185,314,225 173,104,262 162,809,022 Packet Page. Packet Page. 27148
Buildings:
• The California Theatre Renovation (Ward 1)
• Encanto Community Center Renovation (Ward 1)
• Feldheym Library Improvements (Ward 1)
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 and Parking Lot Improvements.

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
Packet Page. Packet Page. 27249
All three are proposed to be funded by the General Fund.

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

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. 2021-2025 Strategic Targets and Goals
The review of the proposed budget aligns with all key targets of the City Council’s Strategic Plan. The funding of projects and programs at every level of the organization ensure that the City can achieve the goals and priorities established by the Mayor and City Council.

Fiscal Impact
There is no direct fiscal impact from receiving the presentation of the Proposed Budget for Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement Plan. The budget process ensures that allocating the City’s resources aligns with the Mayor and City Council’s vision and priorities for the community. Staff will return to the Mayor and City Council on June 5, 2024, to adopt the Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement Plan.

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

1. Conduct the Public Hearing on the proposed Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement Plan;

2. Receive and file the Proposed Budget for Fiscal Years 2024/25 and 2025/26 Operating and Capital Improvement Plan presentation and provide direction to staff.

Attachments
Attachment 1 – Proposed Budget Book
Attachment 2 – Proposed Capital Improvement Plan 2025-2029 Attachment – Public Hearing Notice
Ward:

All Wards
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
Packet Page. Packet Page. 27350
Synopsis of Previous Council Actions:

April 17, 2024 Mayor and City Council received and filed the Fiscal Years 2024/25 and 2025/26 City Manager’s Proposed Operating
Budget and Capital Improvement Plan.

Packet Page. Packet Page. 27451
This space for filing stamp only
OR#:

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

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

Ad Description:

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

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

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3805005
Diane Grant

CITY OF SAN BERNARDINO/CITY CLERK - LEAD
290 NORTH D ST.

SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING
NOTICE OF PUBLIC HEARING - FY24-25 25-26 Proposed Budget I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
04/23/2024
04/23/2024

SAN BERNARDINO
!A000006747927! Email

NOTICE OF PUBLIC HEARING

CITY COUNCIL OF THE CITY OF

SAN BERNARDINO
NOTICE IS HEREBY GIVEN that
the City of San Bernardino Mayor
and City Council will hold a public
meeting on May 15, 2024 at 5:00 PM
in the City Council Chambers in the
Norman F. Feldheym Central
Library at 555 West 6th Street, San
Bernardino, California. Visit the
City's agenda portal at
www.sbcity.org for more
information.

The purpose of the hearing is to
receive input and consider the
following:

Reviewing the City Manager's
Proposed Fiscal Year 2024-25 &
2025-26 Operating Budget and
Capital Improvement Plan
Notice is further given that
members of the public who wish to
comment on the public hearing may
participate in the following ways:

1. Emailing comments and contact
information to
[email protected] by
2:30 P.M. the day of the scheduled
meeting or;

2. Attending the meeting in person
and providing your public
comment in person.

Please view the agenda for
additional information.

The City endeavors to be in total
compliance with the Americans with
Disabilities Act. If you require
assistance or auxiliary aids in order
to participate in the meeting or require an interpreter, please contact the City Clerk's Office as far
in advance of the meeting as possible.

A general summary of the budget
will be accessible for public review on the city's website http://sbcity.org/cityhall/city_manag
ers_office/budget_books/default.asp.

Additional information concerning
the above matter may be obtained
from, and written comments should
be addressed to, City Clerk, City of
San Bernardino, 290 North "D" Street,
San Bernardino, California 92401.

Genoveva Rocha, CMC, City Clerk
4/23/24
SBS-3805005#
Packet Page. 275

CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT

ANIMAL SERVICES
Administration
ANIMAL SERVICES MANAGER 1.00 - 1.00
ANIMAL SERVICES SUPERVISOR 3.00 3.00 -
ANIMAL SHELTER ATTENDANT 8.00 6.00 2.00
DEPUTY DIRECTOR OF ANIMAL SERVICES (U) 1.00 1.00 -
DIRECTOR OF ANIMAL SERVICES (U) 1.00 1.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U) 1.00 1.00 -
REGISTERED VETERINARY TECHNICIAN 2.00 2.00 -
SENIOR ANIMAL SERVICES REP. 6.00 2.00 4.00
SHELTER VETERINARIAN 1.00 - 1.00
VETERINARY ASSISTANT 1.00 1.00 -
Administration Total 25.00 17.00 8.00
Ca for All Animals Welcomed -
COMMUNITY SERVICES PROGRAM COORDINATOR 2.00 2.00 -
Ca for All Animals Welcomed Total 2.00 2.00 -
CA For All YouthWorkforceDevProg -
ANIMAL SERVICES REPRESENTATIVE 2.00 1.00 1.00
ANIMAL SHELTER ATTENDANT 4.00 4.00 -
CA For All YouthWorkforceDevProg Total 6.00 5.00 1.00
Field Services
ANIMAL CONTROL OFFICER I (FLEX) 3.00 2.00 1.00
ANIMAL CONTROL OFFICER II 3.00 - 3.00
LEAD ANIMAL CONTROL OFFICER 1.00 - 1.00
Field Services Total 7.00 2.00 5.00
SB Regional Partnership
ANIMAL SERVICES MANAGER 1.00 - 1.00
ANIMAL SERVICES REPRESENTATIVE 2.00 1.00 1.00
ANIMAL SERVICES SUPERVISOR 2.00 2.00 -
ANIMAL SHELTER ATTENDANT 8.00 3.00 5.00
COMMUNITY SERVICES PROGRAM COORDINATOR 5.00 5.00 -
REGISTERED VETERINARY TECHNICIAN 2.00 1.00 1.00
SENIOR ANIMAL SERVICES REP. 7.00 4.00 3.00
SHELTER VETERINARIAN 1.00 - 1.00
VETERINARY ASSISTANT 3.00 2.00 1.00
SB Regional Partnership Total 31.00 18.00 13.00
ANIMAL SERVICES Total 71.00 44.00 27.00

CITY ATTORNEY
Municipal Legal Service
LEGAL ADMINISTRATIVE ASSISTANT (U) 1.00 1.00 -
Municipal Legal Service Total 1.00 1.00 -
CITY ATTORNEY Total 1.00 1.00 -

CITY CLERK
Administration/ ELECTIONS
CHIEF DEPUTY CITY CLERK (U) 1.00 1.00 -
CITY CLERK (U) 1.00 1.00 -
CUSTOMER SERVICE REP. (BILINGUAL) 1.00 1.00 -
DEPUTY CITY CLERK I (U) 2.00 2.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U) 1.00 1.00 -
As of May 8, 2024 1 of 12
Packet Page. 276

CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
RECORDS MANAGEMENT SPECIALIST (U) 2.00 1.00 1.00
Administration Total 8.00 7.00 1.00
Records Management
RECORDS MANAGEMENT SPECIALIST (U) 1.00 1.00 -
Records Management Total 1.00 1.00 -
CITY CLERK Total 9.00 8.00 1.00

CITY COUNCIL
City Council
COMMON COUNCIL 7.00 7.00 -
City Council Total 7.00 7.00 -
Council Support
ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) 1.00 1.00 - COUNCIL ADMINISTRATIVE SUPERVISOR (U) 1.00 1.00 -
Council Support Total 2.00 2.00 -
CITY COUNCIL Total 9.00 9.00 -

CITY MANAGER
Administration
ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MAN 1.00 1.00 - ASSISTANT CITY MANAGER (U) 1.00 - 1.00
AUDITOR l 1.00 - 1.00
AUDITOR ll 1.00 - 1.00
CITY MANAGER (U) 1.00 1.00 -
DEPUTY CITY MANAGER (U) 2.00 2.00 -
EXECUTIVE ASSISTANT (U) 1.00 - 1.00
LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER 1.00 - 1.00
MANAGEMENT ANALYST I (FLEX)(U) 2.00 2.00 -
MARKETING & MEDIA SPECIALIST 1.00 1.00 -
PUBLIC INFORMATION OFFICER (U) 1.00 1.00 -
SENIOR MANAGEMENT ANALYST 2.00 2.00 -
SENIOR OFFICE ASSISTANT (U) 1.00 1.00 -
Administration Total 16.00 11.00 5.00
CA For All YouthWorkforceDevProg
GRANTS ASSISTANT 2.00 2.00 -
CA For All YouthWorkforceDevProg Total 2.00 2.00 -
Grants
GRANTS DIVISION MANAGER (U) 1.00 1.00 -
GRANTS WRITER 1.00 1.00 -
MANAGEMENT ANALYST I (FLEX) 1.00 1.00 -
MANAGEMENT ANALYST II (U) 1.00 - 1.00
Grants Total 4.00 3.00 1.00
CITY MANAGER Total 22.00 16.00 6.00

COMMUNITY DEVELOPMENT & HOUSING
Administration
ACCOUNTING TECHNICIAN II 1.00 1.00 -
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
CITY PLANNER (U) 1.00 - 1.00
DIR OF COMM DEV & HSNG U 1.00 1.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U) 1.00 1.00 -
HOMELESS SERVICES COORDINATOR 1.00 - 1.00
As of May 8, 2024 2 of 12
Packet Page. 277

CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
OMBUDSPERSON 1.00 - 1.00
SENIOR CUSTOMER SERVICE REP. (BIL) 1.00 1.00 -
SENIOR MANAGEMENT ANALYST 1.00 1.00 -
Administration Total 9.00 6.00 3.00
Housing
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
CDBG/HOUSING PR0GRAM ASSISTANT 1.00 - 1.00
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 1.00 - 1.00 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) 1.00 1.00 - GRANTS ASSISTANT 1.00 1.00 -
HOMELESS SERVICES ASSISTANT 1.00 - 1.00
HOMELESS SOLUTIONS MANAGER (U) 1.00 1.00 -
HOUSING COMPLIANCE SPECIALIST 1.00 1.00 -
HOUSING DIVISION MANAGER (U) 1.00 1.00 -
MANAGEMENT ANALYST I (FLEX) 1.00 1.00 -
MANAGEMENT ANALYST II 1.00 1.00 -
PRINCIPAL ACCOUNTANT 1.00 - 1.00
PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) 1.00 1.00 - SENIOR MANAGEMENT ANALYST 1.00 1.00 -
Housing Total 14.00 10.00 4.00
Building and Safety
ASSISTANT BUILDING OFFICIAL (U) 1.00 - 1.00
BUILDING INSPECTOR I (FLEX) 3.00 1.00 2.00
BUILDING OFFICIAL (U) 1.00 - 1.00
COMMUNITY DEVELOPMENT TECHNICIAN 4.00 4.00 -
LEAD BUILDING INSPECTOR 1.00 1.00 -
PLANS EXAMINER I (FLEX) 1.00 - 1.00
PLANS EXAMINER II 1.00 - 1.00
Building and Safety Total 12.00 6.00 6.00
Enforcement & Beautification
CODE ENFORCEMENT DIVISION MANAGER (U) 1.00 1.00 -
CODE ENFORCEMENT OFFICER I (FLEX) 8.00 8.00 -
CODE ENFORCEMENT OFFICER II 10.00 8.00 2.00
CUSTOMER SERVICE REPRESENTATIVE 3.00 2.00 1.00
LEAD CODE ENFORCEMENT OFFICER 2.00 2.00 -
SENIOR CUSTOMER SERVICE REPRESENTATIVE 1.00 1.00 -
Enforcement & Beautification Total 25.00 22.00 3.00
Planning
ADMINISTRATIVE ASSISTANT 1.00 - 1.00
ASSISTANT PLANNER (FLEX) 2.00 1.00 1.00
ASSOCIATE PLANNER 4.00 2.00 2.00
PERMIT SERVICES SUPERVISOR 1.00 1.00 -
PLANNING AIDE 2.00 1.00 1.00
PRINCIPAL PLANNER (U) 1.00 - 1.00
SENIOR PLANNER 3.00 3.00 -
Planning Total 14.00 8.00 6.00
COMMUNITY DEVELOPMENT & HOUSING Total 74.00 52.00 22.00

ECONOMIC DEVELOPMENT
Economic Development
As of May 8, 2024 3 of 12
Packet Page. 278

CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT (U) 1.00 1.00 - DIRECTOR OF ECONOMIC DEVELOPMENT (U) 1.00 - 1.00
ECONOMIC DEVELOPMENT DIVISION MANAGER (U) 1.00 1.00 -
ECONOMIC DEVELOPMENT MANAGER 3.00 - 3.00
ECONOMIC DEVELOPMENT PROJECT MANAGER 1.00 1.00 -
ECONOMIC DEVELOPMENT SPECIALIST 1.00 1.00 -
Economic Development Total 9.00 5.00 4.00
Real Property
ASSESSMENT DISTRICT/REAL PROP SPECIALIST 1.00 1.00 -
REAL PROPERTY MANAGER 2.00 1.00 1.00
Real Property Total 3.00 2.00 1.00
ECONOMIC DEVELOPMENT Total 12.00 7.00 5.00

FINANCE
Accounting
ACCOUNTANT II 2.00 2.00 -
ACCOUNTING DIVISION MANAGER (U) 1.00 - 1.00
Accounting Total 3.00 2.00 1.00
Administration
AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES (U) 1.00 1.00 - DEPUTY DIRECTOR OF FINANCE (U) 1.00 1.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U) 1.00 1.00 -
Administration Total 3.00 3.00 -
Budget
BUDGET DIVISION MANAGER (U) 1.00 1.00 -
MANAGEMENT ANALYST I (FLEX) 1.00 1.00 -
SENIOR MANAGEMENT ANALYST 1.00 1.00 -
Budget Total 3.00 3.00 -
Business Registration
ACCOUNTING TECHNICIAN III 1.00 1.00 -
BUSINESS REGISTRATION INSPECTOR 6.00 6.00 -
BUSINESS REGISTRATION MANAGER 1.00 1.00 -
BUSINESS REGISTRATION REPRESENTATIVE I 2.00 2.00 -
Business Registration Total 10.00 10.00 -
ERP Project
ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 1.00 1.00 - ERP Project Total 1.00 1.00 -
Payroll & Benefits
ACCOUNTANT II - PAYROLL 1.00 1.00 -
PAYROLL SUPERVISOR 1.00 1.00 -
PAYROLL TECHNICIAN 1.00 1.00 -
Payroll & Benefits Total 3.00 3.00 -
Purchasing
BUYER 2.00 2.00 -
DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 1.00 1.00 - PURCHASING DIVISION MANAGER (U) 1.00 - 1.00
Purchasing Total 4.00 3.00 1.00
Treasury
ACCOUNTING TECHNICIAN I (FLEX) 2.00 2.00 -
As of May 8, 2024 4 of 12
Packet Page. 279

CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
ACCOUNTING TECHNICIAN II 1.00 1.00 -
TREASURY MANAGER 1.00 - 1.00
Treasury Total 4.00 3.00 1.00
FINANCE Total 31.00 28.00 3.00

GENERAL GOVERNMENT
Customer & Neighborhood Services
NEIGHBORHOOD & CUSTOMER SVCS MGR (U) 1.00 1.00 -
SENIOR CUSTOMER SERVICE REP. (BIL) 4.00 4.00 -
Customer & Neighborhood Services Total 5.00 5.00 -
Violence Intervention
COMMUNITY INTERVENTION PROGRAM MANAGER (U) 1.00 - 1.00
Violence Intervention Total 1.00 - 1.00
GENERAL GOVERNMENT Total 6.00 5.00 1.00

HUMAN RESOURCES & RISK MANAGEMENT
Administration
DEPUTY DIRECTOR OF HUMAN RESOURCES (U) 1.00 1.00 -
DIRECTOR OF HUMAN RESOURCES (U) 1.00 1.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U) 1.00 1.00 -
Administration Total 3.00 3.00 -
Benefits
HUMAN RESOURCES ANALYST I 1.00 1.00 -
HUMAN RESOURCES ANALYST II 1.00 1.00 -
SENIOR HUMAN RESOURCES/RISK ANALYST 1.00 1.00 -
Administration Total 3.00 3.00 -
CA For All YouthWorkforceDevProg
HUMAN RESOURCES ANALYST TRAINEE 1.00 1.00 -
CA For All YouthWorkforceDevProg Total 1.00 1.00 -
Employee Relations
DIVERSITY, EQUITY & INCLUSION OFFICER (U) 1.00 - 1.00
HUMAN RESOURCES ANALYST I 1.00 1.00 -
HUMAN RESOURCES ANALYST II 1.00 - 1.00
HUMAN RESOURCES TECHNICIAN 1.00 1.00 -
SENIOR HUMAN RESOURCES/RISK ANALYST 1.00 1.00 -
Employee Relations Total 5.00 3.00 2.00
Liability & Risk Management
HUMAN RESOURCES ANALYST I 1.00 1.00 -
HUMAN RESOURCES ANALYST II 1.00 1.00 -
SENIOR HUMAN RESOURCES/RISK ANALYST 1.00 - 1.00
Liability & Risk Management Total 3.00 2.00 1.00
Workers Compensation
HUMAN RESOURCES ANALYST I 1.00 1.00 -
HUMAN RESOURCES ANALYST II 1.00 1.00 -
Workers Compensation Total 2.00 2.00 -
HUMAN RESOURCES & RISK MANAGEMENT Total 17.00 14.00 3.00

INFORMATION TECHNOLOGY
Administration
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
DIRECTOR OF INFORMATION TECHNOLOGY (U) 1.00 1.00 -
LIBRARY NETWORK ADMINISTRATOR 1.00 1.00 -
As of May 8, 2024 5 of 12
Packet Page. 280

CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
LIBRARY NETWORK TECHNICIAN 1.00 1.00 -
Administration Total 4.00 4.00 -
Business Systems
INFORMATION TECHNOLOGY MANAGER 1.00 1.00 -
SENIOR INFORMATION TECHNOLOGY ANALYST 2.00 2.00 -
Business Systems Total 3.00 3.00 -
CATV
STATION MANAGER 1.00 1.00 -
CATV Total 1.00 1.00 -
Client Services
DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) 1.00 1.00 - SENIOR INFORMATION TECHNOLOGY TECHNICIAN 1.00 1.00 -
Client Services Total 2.00 2.00 -
GIS & Office Automation
GIS ADMINISTRATOR 1.00 1.00 -
SENIOR GIS ANALYST 1.00 1.00 -
GIS & Office Automation Total 2.00 2.00 -
Network Services
NETWORK SYSTEMS ADMINISTRATOR 1.00 1.00 -
SENIOR NETWORK SYSTEMS ADMINISTRATOR 1.00 1.00 -
Network Services Total 2.00 2.00 -
Public Safety Systems
INFORMATION TECHNOLOGY ANALYST II 2.00 2.00 -
INFORMATION TECHNOLOGY MANAGER 1.00 1.00 -
SENIOR INFORMATION TECHNOLOGY ANALYST 1.00 1.00 -
Public Safety Systems Total 4.00 4.00 -
INFORMATION TECHNOLOGY Total 18.00 18.00 -

LIBRARY
Administration
EXECUTIVE ASSISTANT TO DIRECTOR (U) 1.00 1.00 -
LIBRARY DIRECTOR (U) 1.00 1.00 -
MANAGEMENT ANALYST I (FLEX) 1.00 - 1.00
Administration Total 3.00 2.00 1.00

ADULT BASIC EDUCATION
ASSISTANT LITERACY PROGRAM COORDINATOR 1.00 1.00 -
LIBRARY ASSISTANT 1.00 1.00 -
LITERACY PROGRAM COORDINATOR 1.00 1.00 -
ADULT BASIC EDUCATION Total 3.00 3.00 -
Branch Library Services
LIBRARY TECHNICIAN I (FLEX) 2.00 2.00 -
LIBRARY TECHNICIAN II 5.00 5.00 -
Branch Library Services Total 7.00 7.00 -
Central Library Services
LIBRARIAN I (FLEX) 1.00 1.00 -
LIBRARIAN II 1.00 1.00 -
LIBRARY CIRCULATION SUPERVISOR 1.00 1.00 -
LIBRARY PROGRAM COORDINATOR 1.00 1.00 -
LIBRARY TECHNICIAN I (FLEX) 1.00 - 1.00
LIBRARY TECHNICIAN II 1.00 1.00 -
As of May 8, 2024 6 of 12
Packet Page. 281

CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
TECHNOLOGY LIBRARIAN 1.00 1.00 -
Central Library Services Total 7.00 6.00 1.00
LIBRARY Total 20.00 18.00 2.00
MAYOR
Administration
EXECUTIVE ASSISTANT TO MAYOR (U) 1.00 1.00 -
MAYOR 1.00 1.00 -
Administration Total 2.00 2.00 -
MAYOR Total 2.00 2.00 -
PARKS
Administration
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
COMMUNITY RECREATION MANAGER 2.00 2.00 -
DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) 1.00 - 1.00
DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) 1.00 1.00 - EXECUTIVE ASSISTANT TO DIRECTOR (U) 1.00 1.00 -
MANAGEMENT ANALYST I (FLEX) 2.00 2.00 -
Administration Total 8.00 7.00 1.00
Aquatics
COMMUNITY RECREATION MANAGER 1.00 1.00 -
Aquatics Total 1.00 1.00 -
CA For All YouthWorkforceDevProg
COMMUNITY SERVICES PROGRAM COORDINATOR 4.00 4.00 -
CA For All YouthWorkforceDevProg Total 4.00 4.00 -
Cemetery Administration
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
Cemetery Administration Total 1.00 1.00 -
Center for Individual Development
COMMUNITY RECREATION PROGRAM SUPERVISOR 1.00 1.00 -
Center for Individual Development Total 1.00 1.00 -
Outdoor Facilities
COMMUNITY RECREATION PROGRAM SUPERVISOR 1.00 1.00 -
Outdoor Facilities Total 1.00 1.00 -
Recreation & Community Programs
COMMUNITY RECREATION PROGRAM SUPERVISOR 1.00 1.00 -
COMMUNITY SERVICES PROGRAM COORDINATOR 5.00 5.00 -
Recreation & Community Programs Total 6.00 6.00 -
RSVP CFDA 94.002
COMMUNITY SERVICES PROGRAM COORDINATOR 1.00 1.00 -
RSVP CFDA 94.002 Total 1.00 1.00 -

SENIOR COMPANION
COMMUNITY SERVICES PROGRAM COORDINATOR 2.00 2.00 -
SENIOR COMPANION Total 2.00 2.00 -
SENIOR NUTRITION CFDA 93.053
COMMUNITY RECREATION PROGRAM SUPERVISOR 1.00 - 1.00
FOOD SERVICE SUPERVISOR 1.00 1.00 -
SENIOR NUTRITION CFDA 93.053 Total 2.00 1.00 1.00
Senior Services
COMMUNITY RECREATION PROGRAM SUPERVISOR 1.00 1.00 -
As of May 8, 2024 7 of 12
Packet Page. 282

CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
COMMUNITY SERVICES PROGRAM COORDINATOR 1.00 1.00 -
Senior Services Total 2.00 2.00 -
PARKS Total 29.00 27.00 2.00
POLICE
Administration
ACCOUNTING TECHNICIAN I (FLEX) 4.00 2.00 2.00
ASSISTANT CHIEF OF POLICE 1.00 1.00 -
CHIEF OF POLICE 1.00 1.00 -
COMMUNITY SERVICES OFFICER 1.00 1.00 -
DETECTIVE/CORPORAL 2.00 2.00 -
EXECUTIVE ASSISTANT 2.00 2.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U) 1.00 1.00 -
LIEUTENANT 1.00 1.00 -
MANAGEMENT ANALYST I (FLEX) 1.00 1.00 -
POLICE CAPTAIN (U) 3.00 3.00 -
SENIOR MANAGEMENT ANALYST 1.00 1.00 -
SENIOR OFFICE ASSISTANT 1.00 1.00 -
Administration Total 19.00 17.00 2.00
CA For All YouthWorkforceDevProg
COMMUNITY SERVICES OFFICER 6.00 6.00 -
POLICE RECORDS TECHNICIAN I (FLEX) 3.00 3.00 -
CA For All YouthWorkforceDevProg Total 9.00 9.00 -
Commercial Enforcement
POLICE OFFICER 1.00 - 1.00
SERGEANT 1.00 1.00 -
Commercial Enforcement Total 2.00 1.00 1.00

DIGNITY HEALTH
POLICE OFFICER 2.00 2.00 -
DIGNITY HEALTH Total 2.00 2.00 -
Dispatch
LIEUTENANT 1.00 1.00 -
POLICE DISPATCH SUPERVISOR 4.00 4.00 -
POLICE DISPATCHER I (FLEX) 8.00 8.00 -
POLICE DISPATCHER II 21.00 17.00 4.00
Dispatch Total 34.00 30.00 4.00
Forensics Property
FORENSICS SPECIALIST I (FLEX) 2.00 2.00 -
FORENSICS SPECIALIST II 7.00 6.00 1.00
FORENSICS SUPERVISOR 1.00 1.00 -
PROPERTY & EVIDENCE SUPERVISOR 1.00 1.00 -
PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) 1.00 1.00 -
PROPERTY AND EVIDENCE TECHNICIAN II 1.00 1.00 -
SENIOR OFFICE ASSISTANT 1.00 1.00 -
Forensics Property Total 14.00 13.00 1.00
General Investigation
COMMUNITY SERVICES OFFICER 17.00 16.00 1.00
CRIMINAL INVESTIGATION OFFICER 7.00 7.00 -
DETECTIVE/CORPORAL 26.00 26.00 -
LIEUTENANT 1.00 1.00 -
As of May 8, 2024 8 of 12
Packet Page. 283

CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
MARKETING & PUBLIC RELATIONS SPECIALIST 1.00 - 1.00
POLICE OFFICER 1.00 1.00 -
SERGEANT 6.00 6.00 -
General Investigation Total 59.00 57.00 2.00
Intel/Emergency Management
CRIME ANALYST 4.00 4.00 -
LIEUTENANT 1.00 1.00 -
SERGEANT 2.00 2.00 -
Intel/Emergency Management Total 7.00 7.00 -
North Operations
POLICE OFFICER 1.00 1.00 -
North Operations Total 1.00 1.00 -
Park Rangers Program
PARK RANGER 3.00 - 3.00
SUPERVISOR PARK RANGER 1.00 - 1.00
Park Rangers Program Total 4.00 - 4.00
Patrol Field Services
COMMUNITY SERVICES OFFICER 19.00 12.00 7.00
DETECTIVE/CORPORAL 10.00 10.00 -
LIEUTENANT 7.00 7.00 -
POLICE FLEET MAINTENANCE EXPEDITOR 1.00 1.00 -
POLICE OFFICER 160.00 137.00 23.00
SERGEANT 29.00 29.00 -
Patrol Field Services Total 226.00 196.00 30.00
Personnel & Training
DETECTIVE/CORPORAL 1.00 1.00 -
POLICE OFFICER 3.00 3.00 -
POLICE P&T TECHNICIAN 2.00 2.00 -
Personnel & Training Total 6.00 6.00 -
Prop 64 Public Health & Safety
MANAGEMENT ANALYST I (FLEX) 1.00 1.00 -
Prop 64 Public Health & Safety Total 1.00 1.00 -
Quality of Life
DETECTIVE/CORPORAL 1.00 1.00 -
POLICE OFFICER 6.00 - 6.00
SERGEANT 1.00 1.00 -
Quality of Life Total 8.00 2.00 6.00
Records
POLICE RECORDS SUPERVISOR 3.00 2.00 1.00
POLICE RECORDS TECHNICIAN I (FLEX) 16.00 6.00 10.00
POLICE RECORDS TECHNICIAN II 11.00 11.00 -
Records Total 30.00 19.00 11.00
SAN MANUEL CCF 2017-2020
POLICE OFFICER 4.00 4.00 -
SAN MANUEL CCF 2017-2020 Total 4.00 4.00 -
Special Enforcement Teams
COMMUNITY SERVICES OFFICER 1.00 1.00 -
CRIMINAL INVESTIGATION OFFICER 2.00 2.00 -
DETECTIVE/CORPORAL 3.00 3.00 -
As of May 8, 2024 9 of 12
Packet Page. 284

CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
LIEUTENANT 1.00 1.00 -
POLICE OFFICER 18.00 18.00 -
SERGEANT 4.00 4.00 -
Special Enforcement Teams Total 29.00 29.00 -
Tobacco Grant FY 23-FY 25
POLICE OFFICER 2.00 - 2.00
Tobacco Grant FY 23-FY 25 Total 2.00 - 2.00
Traffic
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
CRIMINAL INVESTIGATION OFFICER 1.00 1.00 -
DETECTIVE/CORPORAL 2.00 2.00 -
PARKING ENFORCEMENT OFFICER 7.00 7.00 -
POLICE OFFICER 3.00 3.00 -
SENIOR OFFICE ASSISTANT 2.00 2.00 -
SERGEANT 1.00 1.00 -
Traffic Total 17.00 17.00 -
POLICE Total 474.00 411.00 63.00

PUBLIC WORKS
Administration
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
ADMINISTRATIVE SERVICES SUPERVISOR 1.00 1.00 -
DEPUTY DIRECTOR OF OPERATIONS (U) 1.00 1.00 -
DIR OF PUBLIC WRKS, OPS&MAIN(U) 1.00 1.00 -
ENVIRONMENTAL PROGRAMS COORDINATOR 1.00 1.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U) 1.00 - 1.00
FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 1.00 1.00 - MANAGEMENT ANALYST I (FLEX) 1.00 1.00 -
SENIOR MANAGEMENT ANALYST 1.00 - 1.00
SENIOR OFFICE ASSISTANT 1.00 1.00 -
SOLID WASTE FIELD INSPECTOR 1.00 1.00 -
Administration Total 11.00 9.00 2.00
Aquatics
POOL MAINTENANCE COORDINATOR 1.00 1.00 -
Aquatics Total 1.00 1.00 -
Building Maintenance
ACCOUNTING TECHNICIAN II 1.00 1.00 -
FACILITIES MAINTENANCE MECHANIC 4.00 4.00 -
FACILITIES MAINTENANCE SUPERVISOR 1.00 1.00 -
HVAC MECHANIC 1.00 1.00 -
PLUMBER 1.00 1.00 -
Building Maintenance Total 8.00 8.00 -
Capital Projects
ACCOUNTING TECHNICIAN II 1.00 1.00 -
CAPITAL IMPROVEMENT PROJECT MANAGER 1.00 1.00 -
CONSTRUCTION MANAGER 1.00 1.00 -
DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) 1.00 1.00 - ENGINEERING ASSISTANT I (FLEX) 2.00 2.00 -
ENGINEERING ASSISTANT II 3.00 3.00 -
ENGINEERING ASSOCIATE 1.00 - 1.00
As of May 8, 2024 10 of 12
Packet Page. 285

CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
ENGINEERING PROJECT MANAGER 4.00 - 4.00
ENGINEERING TECHNICIAN 2.00 2.00 -
EXECUTIVE ASSISTANT 1.00 1.00 -
NPDES INSPECTOR I (FLEX) 2.00 1.00 1.00
PRINCIPAL CIVIL ENGINEER 1.00 1.00 -
PUBLIC WORKS INSPECTOR II 3.00 3.00 -
Capital Projects Total 23.00 17.00 6.00
Cemetery Administration
CEMETERY CARETAKER 1.00 - 1.00
Cemetery Administration Total 1.00 - 1.00
Concrete Maintenance
MAINTENANCE WORKER I (FLEX) 5.00 4.00 1.00
MAINTENANCE WORKER II 2.00 2.00 -
Concrete Maintenance Total 7.00 6.00 1.00
Custodial Maintenance
CUSTODIAL SUPERVISOR 1.00 1.00 -
CUSTODIAN 8.00 6.00 2.00
LEAD CUSTODIAN 1.00 1.00 -
Custodial Maintenance Total 10.00 8.00 2.00
Graffiti Removal
MAINTENANCE SUPERVISOR 1.00 1.00 -
MAINTENANCE WORKER I (FLEX) 4.00 4.00 -
Graffiti Removal Total 5.00 5.00 -
Land Development
CIVIL ENGINEERING DIVISION MANAGER (U) 1.00 1.00 -
ENGINEERING ASSISTANT I (FLEX) 1.00 1.00 -
ENGINEERING ASSISTANT III 1.00 1.00 -
LAND DEVELOPMENT ENGINEER 1.00 - 1.00
PUBLIC WORKS INSPECTOR I (FLEX) 1.00 1.00 -
Land Development Total 5.00 4.00 1.00
Parks Maintenance
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
ADMINISTRATIVE SERVICES SUPERVISOR 1.00 1.00 -
LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) 1.00 1.00 -
LANDSCAPE & IRRIGATION INSPECTOR II 3.00 3.00 -
LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 1.00 1.00 - MAINTENANCE WORKER III 1.00 1.00 -
PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 1.00 1.00 -
PARKS MAINTENANCE WORKER II 2.00 2.00 -
PUBLIC WORKS SAFETY AND TRAINING OFFICER 1.00 1.00 -
Parks Maintenance Total 12.00 12.00 -
Right of Way Cleaning
LEAD MAINTENANCE WORKER 2.00 2.00 -
MAINTENANCE SUPERVISOR 1.00 - 1.00
MAINTENANCE WORKER I (FLEX) 6.00 4.00 2.00
Right of Way Cleaning Total 9.00 6.00 3.00
Storm Drain
MAINTENANCE SUPERVISOR 1.00 1.00 -
MAINTENANCE WORKER III 3.00 3.00 -
As of May 8, 2024 11 of 12
Packet Page. 286

CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
Storm Drain Total 4.00 4.00 -
Stormwater Management
NPDES MANAGER 1.00 1.00 -
Stormwater Management Total 1.00 1.00 -
Street Maintenance
LEAD MAINTENANCE WORKER 1.00 1.00 -
MAINTENANCE WORKER I (FLEX) 11.00 11.00 -
MAINTENANCE WORKER II 1.00 - 1.00
MAINTENANCE WORKER III 2.00 2.00 -
OPERATIONS & MAINTENANCE DIVISION MANAGER (U) 1.00 - 1.00 Street Maintenance Total 16.00 14.00 2.00
Traffic Engineering
TRAFFIC ENGINEER 1.00 - 1.00
TRAFFIC ENGINEERING ASSOCIATE 2.00 2.00 -
Traffic Engineering Total 3.00 2.00 1.00
Traffic Signal Maintenance
ELECTRICIAN I (FLEX) 1.00 1.00 -
TRAFFIC SIGNAL TECHNICIAN I (FLEX) 1.00 1.00 -
TRAFFIC SIGNAL TECHNICIAN II 2.00 2.00 -
TRAFFIC SIGNAL TECHNICIAN III 1.00 - 1.00
Traffic Signal Maintenance Total 5.00 4.00 1.00
Traffic Signs & Markings
LEAD MAINTENANCE WORKER 3.00 1.00 2.00
TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 1.00 1.00 -
Traffic Signs & Markings Total 4.00 2.00 2.00
Tree Maintenance (Urban Forestry)
ARBORIST 1.00 1.00 -
FORESTRY SUPERVISOR 1.00 1.00 -
GROUNDWORKER ARBORIST 2.00 2.00 -
SENIOR ARBORIST 1.00 1.00 -
Tree Maintenance (Urban Forestry) Total 5.00 5.00 -
Vehicle Maintenance
EQUIPMENT MAINTENANCE SUPERVISOR 1.00 1.00 -
EQUIPMENT MECHANIC I (FLEX) 1.00 1.00 -
EQUIPMENT MECHANIC II 6.00 6.00 -
EQUIPMENT SERVICE WORKER 2.00 2.00 -
LEAD EQUIPMENT MECHANIC 1.00 1.00 -
Vehicle Maintenance Total 11.00 11.00 -
PUBLIC WORKS Total 141.00 119.00 22.00
Grand Total 936.00 779.00 157.00
As of May 8, 2024 12 of 12
Packet Page. 287
City of San Bernardino
General Fund
Department Dept Total
Color Legend:

Process Status 2023-24 2024-25 2024-25 2025-26 2025-26
Approved
Proposed
Adjustments Proposed
Proposed
Adjustments Proposed
Expenses
001 General
010 Mayor
0001 Administration 305,812 97,944 403,756 21,895 425,651 010 Mayor Total 305,812 97,944 403,756 21,895 425,651
020 City Council
0022 City Council 708,263 56,128 764,391 6,618 771,009
0023 Council Support 384,058 95,170 479,228 50,610 529,838 8751 COVID-19 Activity
020 City Council Total 1,092,321 151,298 1,243,619 57,228 1,300,847 030 City Clerk
0001 Administration 1,122,332 109,084 1,231,416 122,668 1,354,084 0009 Elections 428,459 20,688 449,147 (96,473) 352,674
0010 Passport Acceptance 3,610 390 4,000 0 4,000
0011 Records Management 354,266 (95,960) 258,306 25,293 283,599 8751 COVID-19 Activity
030 City Clerk Total 1,908,667 34,202 1,942,869 51,488 1,994,357 050 City Attorney
0005 Municipal Legal Service 5,309,583 (127,996) 5,181,587 354,993 5,536,580 8751 COVID-19 Activity
050 City Attorney Total 5,309,583 (127,996) 5,181,587 354,993 5,536,580 090 General Government
0000 Recorded before using program #s 4,269,976 3,277,229 7,547,205 987,845 8,535,050 0053 Non-departmental 12,397,055 2,154,343 14,551,398 1,363,667 15,915,065 0067 Customer & Neighborhood Services 755,472 54,580 810,052 81,302 891,354 0133 CATV 269,072 (269,072) 0 0 0
0134 Bankruptcy 0 0 0 0 0
0150 Violence Intervention 209,471 149,345 358,816 (71,100) 287,716 1 of 6
Packet Page. 288
City of San Bernardino
General Fund
Department Dept Total
Color Legend:

Process Status 2023-24 2024-25 2024-25 2025-26 2025-26
Approved
Proposed
Adjustments Proposed
Proposed
Adjustments Proposed
8696 Budgeted Expenditure Savings (2,500,000) (2,800,000) (5,300,000) 1,400,000 (3,900,000) 8751 COVID-19 Activity
090 General Government Total 15,401,045 2,566,426 17,967,471 3,761,714 21,729,185 100 City Manager
0001 Administration 2,724,731 1,521,154 4,245,885 367,080 4,612,965 0016 Air Quality & Rideshare 66,059 2,963 69,021 6,166 75,187 0154 Grants 637,750 290,900 928,650 188,679 1,117,329
8751 COVID-19 Activity
100 City Manager Total 3,428,539 1,815,017 5,243,556 561,925 5,805,481 110 Human Resource & Risk Management
0001 Administration 3,059,953 (275,431) 2,784,522 257,854 3,042,376 0149 Administrative Services
8751 COVID-19 Activity
110 Human Resource & Risk Management Total 3,059,953 (275,431) 2,784,522 257,854 3,042,376 120 Finance & Management Services
0000 Recorded before using program #s
0001 Administration 912,693 175,794 1,088,487 102,361 1,190,848 0012 Business Registration 1,394,854 134,445 1,529,299 155,907 1,685,206 0017 Treasurer 435,042 (46,636) 388,406 42,912 431,318
0039 Accounting 850,024 323,413 1,173,437 108,956 1,282,393 0040 Payroll & Benefits 445,328 90,459 535,787 43,528 579,315 0042 Purchasing 579,671 15,924 595,595 63,811 659,406
0043 Budget 886,809 174,415 1,061,224 86,578 1,147,802
0154 Grants 0 0 0 0 0
0155 Disadvantaged Business Ent (DBE) 179,203 61,058 240,261 25,257 265,518 8652 SAN MANUEL CCF 2017-2020 0 0 0 0 0
8751 COVID-19 Activity 0
120 Finance & Management Services Total 5,683,624 928,872 6,612,496 629,310 7,241,806 2 of 6
Packet Page. 289
City of San Bernardino
General Fund
Department Dept Total
Color Legend:

Process Status 2023-24 2024-25 2024-25 2025-26 2025-26
Approved
Proposed
Adjustments Proposed
Proposed
Adjustments Proposed
135 Economic Development
0144 Economic Development 498,790 1,286,573 1,785,363 216,966 2,002,329 135 Economic Development Total 498,790 1,286,573 1,785,363 216,966 2,002,329 150 Special Assessment District
0000 Recorded before using program #s 150,000 0 150,000 0 150,000 150 Special Assessment District Total 150,000 0 150,000 0 150,000 160 Capital Improvement Projects
7240 UNIV PKWY/I-215 FWY IMPROVEMENTS 864,908 (864,908) 0 0 0 8695 Facilities Replacement (Annual) 0 0 0 0 0
8949 J Lewis Swim Ctr Inpro PR 24-002 9,798 (9,798) 0 0 0 8998 Cross St Bridge Emergency Op 940,820 (940,820) 0 0 0 160 Capital Improvement Projects Total 1,815,526 (1,815,526) 0 0 0 180 Community Development & Housing
0001 Administration 1,302,592 250,384 1,552,976 191,680 1,744,656 0021 Enforcement & Beautification 3,900,167 (219,867) 3,680,300 408,037 4,088,337 0028 Building and Safety 3,368,601 (40,400) 3,328,201 255,061 3,583,262 0029 Planning 1,830,066 499,037 2,329,103 268,621 2,597,724 0030 Land Development 0 0
0031 Real Property 721,070 (89,184) 631,886 79,966 711,852 0144 Economic Development 1,032,830 (889,630) 143,200 1,000 144,200 2002 ADMINISTRATION/SALARIES 849,451 894,467 1,743,918 204,559 1,948,477 4912 Special Events Reimb OT 0 0 0 0 0
8652 SAN MANUEL CCF 2017-2020 0 20,000 20,000 0 20,000
8661 Cannabis Cultivation 62,000 (7,000) 55,000 0 55,000 8742 General Plan Update 100,017 1,399,983 1,500,000 0 1,500,000 8751 COVID-19 Activity 0 0
8810 Nuisance Abatement 832,405 (832,405) 0 0 0
8977 ASU Property Collaboration 20,000 20,000 0 20,000
3 of 6
Packet Page. 290
City of San Bernardino
General Fund
Department Dept Total
Color Legend:

Process Status 2023-24 2024-25 2024-25 2025-26 2025-26
Approved
Proposed
Adjustments Proposed
Proposed
Adjustments Proposed
180 Community Development & Housing Total 13,999,199 1,005,385 15,004,584 1,408,924 16,413,508 210 Police
0000 Recorded before using program #s
0001 Administration 10,488,913 82,388 10,571,301 (850,452) 9,720,849 0008 EDA Services 0 0
0062 Public Safety Systems 1,082,079 1,363 1,083,442 39,200 1,122,642 0078 Patrol Field Services 65,471,500 893,692 66,365,192 2,918,047 69,283,239 0080 Gang & Multiple Enforcement Team 3,987 (398) 3,589 379 3,968 0081 Traffic 3,959,206 150,584 4,109,790 244,122 4,353,912 0082 General Investigation 12,805,377 2,814,952 15,620,329 942,916 16,563,245 0083 Forensics Property 1,966,635 122,245 2,088,880 268,810 2,357,690 0084 Dispatch 4,074,255 676,304 4,750,559 520,688 5,271,247 0085 Records 2,300,713 429,357 2,730,070 374,895 3,104,965 0086 Personnel & Training 2,090,040 1,044,351 3,134,391 107,299 3,241,690 0145 Special Enforcement Teams 7,963,019 2,312,178 10,275,197 427,326 10,702,523 0147 Intel/Emergency Management 1,725,497 (276,016) 1,449,481 109,063 1,558,544 0153 Commercial Enforcement 1,255,081 (177,925) 1,077,156 40,153 1,117,309 0157 Quality of Life 787,743 1,770,427 2,558,170 100,564 2,658,734 0159 Community Affairs 83,000 1,600,006 1,683,006 98,285 1,781,291 1105 Park Rangers Program 252,950 262,238 515,188 53,671 568,859 4911 PD Special Events Reimb OT 1,890,000 (140,000) 1,750,000 0 1,750,000 5076 Fireworks Enforcement 71,015 15,985 87,000 0 87,000 8652 SAN MANUEL CCF 2017-2020 1,437,321 306,937 1,744,258 40,919 1,785,177 8654 DIGNITY HEALTH 405,547 38,034 443,581 12,318 455,899 8751 COVID-19 Activity 0 0
8938 SB Intl Airport Agreement 0 806,899 806,899 34,164 841,063 8998 Cross St Bridge Emergency Op
210 Police Total 120,113,878 12,733,601 132,847,479 5,482,367 138,329,846 4 of 6
Packet Page. 291
City of San Bernardino
General Fund
Department Dept Total
Color Legend:

Process Status 2023-24 2024-25 2024-25 2025-26 2025-26
Approved
Proposed
Adjustments Proposed
Proposed
Adjustments Proposed
380 Parks Recreation & Community
0001 Administration 1,856,752 269,143 2,125,895 91,270 2,217,165 0069 Aquatics 461,223 38,078 499,301 94,202 593,503
0070 Sports 100,936 29,298 130,234 0 130,234
0071 Center for Individual Development 269,618 (14,232) 255,386 20,261 275,647 0073 Citywide Activities 357,053 (228,848) 128,205 0 128,205 0074 Recreation & Community Programs 1,019,702 87,797 1,107,499 77,414 1,184,913 0075 Senior Services 419,232 9,091 428,323 37,675 465,998 0076 Special Events 382,950 71,050 454,000 0 454,000
0077 Outdoor Facilities 323,724 (51,505) 272,219 20,261 292,480 0502 RSVP CFDA 94.002 85,559 9,212 94,771 8,828 103,599 0509 SENIOR COMPANION 116,112 (7,732) 108,380 12,829 121,209 0513 SENIOR NUTRITION CFDA 93.053 144,318 126,629 270,947 15,973 286,920 1106 Cemetery Administration 124,649 592 125,241 10,820 136,061 8751 COVID-19 Activity 0
9012 City Wide Cooling Centers 0 0 0 0
380 Parks Recreation & Community Total 5,661,828 338,573 6,000,401 389,533 6,389,934 400 Public Works
0001 Administration 1,430,643 84,797 1,515,440 (274,134) 1,241,306 0025 Capital Projects 3,537,940 1,931,940 5,469,880 557,045 6,026,925 0026 Traffic Engineering 952,363 206,976 1,159,339 120,682 1,280,021 0027 Stormwater Management 574,733 69,599 644,332 31,662 675,994 0030 Land Development 2,381,839 710,789 3,092,628 176,318 3,268,946 0031 Real Property 21,861 (21,861) 0 0 0
0036 Custodial Maintenance 1,923,016 241,709 2,164,725 168,509 2,333,234 0037 Building Maintenance 2,280,546 2,065,988 4,346,534 179,375 4,525,909 0069 Aquatics 255,508 7,001 262,509 18,722 281,231
0072 Parks Maintenance 6,198,087 (63,158) 6,134,929 211,206 6,346,135 5 of 6
Packet Page. 292
City of San Bernardino
General Fund
Department Dept Total
Color Legend:

Process Status 2023-24 2024-25 2024-25 2025-26 2025-26
Approved
Proposed
Adjustments Proposed
Proposed
Adjustments Proposed
0088 Street Maintenance 4,235,153 (2,766,217) 1,468,936 118,574 1,587,510 0089 Graffiti Removal 718,840 134,722 853,562 80,568 934,130 0090 Tree Maint (Urban Forestry) 1,181,448 87,205 1,268,653 130,676 1,399,329 0091 Concrete Maintence 2,697,990 (103,360) 2,594,630 120,771 2,715,401 0092 Street Light Maintenance 477,699 (414,115) 63,584 5,716 69,300 0093 Traffic Signal Maintenance 1,299,731 250,990 1,550,721 130,624 1,681,345 0099 Right of Way Cleaning 1,137,493 100,978 1,238,471 124,339 1,362,810 0106 City-Owned Median Maintenance 0 0
0125 Property Maintenance 343,900 (248,300) 95,600 0 95,600 0151 Storm Drain 774,004 (96,664) 677,340 70,367 747,707 0152 Traffic Signs & Markings 1,237,434 (560,272) 677,162 67,133 744,295 1106 Cemetery Administration 996,723 (684,668) 312,055 17,937 329,992 8751 COVID-19 Activity 0 0
8790 Bryce Hanes Park Landscape Maint 1,000 (1,000) 0 0 0 8912 Route 66 0 0
8998 Cross St Bridge Emergency Op 112,260 (112,260) 0 0 0 400 Public Works Total 34,863,813 727,217 35,591,030 2,056,090 37,647,120 470 Library
0001 Administration 697,120 353,753 1,050,873 (12,491) 1,038,382 0049 Support Services 552,076 279,134 831,210 (237,297) 593,913 0063 Central Library Services 1,104,029 907,992 2,012,021 149,825 2,161,846 0064 Branch Library Services 764,256 274,674 1,038,930 72,956 1,111,886 0520 ADULT BASIC EDUCATION 15,547 26,449 41,996 4,259 46,255 8751 COVID-19 Activity 0 0 0
9012 City Wide Cooling Centers 0 0 0
470 Library Total 3,133,028 1,842,002 4,975,030 (22,748) 4,952,282 001 General Total 216,425,607 21,308,156 237,733,763 15,227,539 252,961,302 6 of 6
Packet Page. 293

CITY OF SAN BERNARDINO
FY2023-24 STRATEGIC INITIATIVES PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT

ANIMAL SERVICES
Administration
DEPUTY DIRECTOR OF ANIMAL SERVICES (U) 1.00 1.00 -
REGISTERED VETERINARY TECHNICIAN 1.00 1.00 -
VETERINARY ASSISTANT 1.00 1.00 -
Administration Total 3.00 3.00 -
ANIMAL SERVICES Total 3.00 3.00 -

CITY MANAGER
Administration
LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER 1.00 - 1.00
Administration Total 1.00 - 1.00
CITY MANAGER Total 1.00 - 1.00

COMMUNITY DEVELOPMENT & HOUSING
Administration
OMBUDSPERSON 1.00 - 1.00
SENIOR CUSTOMER SERVICE REP. (BIL) 1.00 1.00 -
Administration Total 2.00 1.00 1.00
Housing
HOUSING DIVISION MANAGER (U) 1.00 1.00 -
MANAGEMENT ANALYST II 1.00 1.00 -
PRINCIPAL ACCOUNTANT 1.00 - 1.00
Housing Total 3.00 2.00 1.00
Planning
ADMINISTRATIVE ASSISTANT 1.00 - 1.00
ASSOCIATE PLANNER 1.00 1.00 -
PLANNING AIDE 1.00 1.00 -
SENIOR PLANNER 1.00 1.00 -
Planning Total 4.00 3.00 1.00
COMMUNITY DEVELOPMENT & HOUSING Total 9.00 6.00 3.00

ECONOMIC DEVELOPMENT
Economic Development
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
DIRECTOR OF ECONOMIC DEVELOPMENT (U) 1.00 - 1.00
ECONOMIC DEVELOPMENT MANAGER 3.00 - 3.00
Economic Development Total 5.00 1.00 4.00
ECONOMIC DEVELOPMENT Total 5.00 1.00 4.00
PARKS
Administration
DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) 1.00 - 1.00
Administration Total 1.00 - 1.00
PARKS Total 1.00 - 1.00
POLICE
Park Rangers Program
PARK RANGER 3.00 - 3.00
SUPERVISOR PARK RANGER 1.00 - 1.00
Park Rangers Program Total 4.00 - 4.00
Quality of Life
As of May 8, 2024 1 of 2
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CITY OF SAN BERNARDINO
FY2023-24 STRATEGIC INITIATIVES PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:

TOTAL

DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
DETECTIVE/CORPORAL 1.00 1.00 -
POLICE OFFICER 6.00 - 6.00
SERGEANT 1.00 1.00 -
Quality of Life Total 8.00 2.00 6.00
POLICE Total 12.00 2.00 10.00

PUBLIC WORKS
Capital Projects
ENGINEERING PROJECT MANAGER 3.00 - 3.00
Capital Projects Total 3.00 - 3.00
Land Development
LAND DEVELOPMENT ENGINEER 1.00 - 1.00
Land Development Total 1.00 - 1.00
PUBLIC WORKS Total 4.00 - 4.00
Grand Total 35.00 12.00 23.00
As of May 8, 2024 2 of 2
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting 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 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-096:

1. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 operating budget by $350,000 to cover the cost of salary and benefits of additional positions added as a result of the Regional Partnership Agreements for Animal Services; and

2. Increase the Animal Services department authorized full-time position count from 40 to 71.

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, the Department needed to increase the number of staff to care for the animals at the shelter and connect with the community to facilitate reunification with owners, encourage adoption, fostering and volunteering from the public. The costs for staffing in this fiscal year will only be applied to May and June, is estimated to be approximately $350,000.00.

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 Packet Page. 296

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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 City 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”.

Discussion
Animal Services worked with the Human Resources Department to recruit, interview, and hire additional staff approved in the regional partnership. In an effort to ensure the Department is ready to accept animals from the partner cities on July 1, 2024, the new staff need to be hired and trained by the end of June 2024.

To maximize public access and move animals through the system quickly, the Department will be open to the public seven days a week from 10:00AM to 5:00PM and will be open late on Wednesdays until 7:00PM. These expanded hours will enable pet owners to look for and redeem their lost pets or adopt new pets daily and would be beneficial to members of our community who may have difficulty coming to the shelter with the current hours.

The total cost for the additional positions with fully burdened benefits is estimated to be $2,794,657.00 annually. Due to the terms of the Regional Partnership Agreement, the City of San Bernardino will be reimbursed by the five cities in the Agreement after July 1, 2024. They will be billed quarterly for staffing costs based on the actual amount incurred with salary and benefits. The cost for staffing in this fiscal year will only be applied to May and June and is estimated to be approximately $350,000.00. 2021-2025 Strategic Targets and Goals
Partnering with the other cities in our region aligns with Strategic Target #2: Focused, Aligned Leadership and Unified Community be implementing a community engagement plan and building a culture that attracts, retains, and motivates the highest quality talent, Strategic Target #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.

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Fiscal Impact
The fiscal impact on the General Fund for FY 23/24 will be $350,000, which will be transferred to the Animal Services Fund. This transfer will cover the salaries and benefits of additional positions created due to the Regional Partnership Agreements for Animal Services.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-096:

1. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 operating budget by $350,000 to cover the cost of salary and benefits of additional positions added as a result of the Regional Partnership Agreements for Animal Services; and

2. Increase the Animal Services department authorized full-time position count from 40 to 71.

Attachments

1. Attachment 1 – Resolution No. 2024-096

2. Attachment 2 – Estimated Salary and Benefits Costs with Regional Partners Allocations

3. Attachment 3 – City of Colton Agreement

4. Attachment 4 – City of Fontana Agreement

5. Attachment 5 – City of Rialto Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

December 6, 2024 Regional Partnership for Animal Services April 17, 2024 Authorize and Appropriate Funding for Animal Services for the Preparation of the Regional Partnership Agreements – Site Improvement Costs
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Resolution No. 2024-096
Resolution 2024-096
June 5, 2024

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RESOLUTION NO. 2024-096

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2023/24
OPERATING BUDGET BY $350,000 TO COVER THE COST

OF SALARY AND BENEFITS OF ADDITIONAL

POSITIONS ADDED AS A RESULT OF THE REGIONAL
PARTNERSHIP AGREEMENT FOR ANIMAL SERVICES;

AND INCREASE THE ANIMAL SERVICES DEPARTMENT
AUTHORIZED FULL-TIME POSITIONS COUNT FROM 40
TO 71.

WHEREAS, on December 6, 2023, the Mayor and City Council authorized staff to enter into a Regional Partnership Agreement for Animal Services 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 hire and train new staff members 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 and Management Services to amend the FY 2023/24 operating budget by $350,000 to cover the costs of staffing associated with the Regional Partnership Agreement and increase the department’s fulltime position count from 40 to 71.

SECTION 3. 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 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.

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Resolution No. 2024-096
Resolution 2024-096
June 5, 2024

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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 5th day of June 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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Resolution No. 2024-096
Resolution 2024-096
June 5, 2024

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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. 2024-096, adopted at a regular meeting held on the 5th day of June 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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ESTIMATED SALARIES OF SHELTER STAFF
Position Title
Number of
Positions
Needed
Total Salary
Cost
Total Benefits
Cost
Combined
Salary and
Benefits Cost
Animal Shelter Attendant 8 $374,360.00 $214,664.00 $589,024.00 Animal Services
Representative 2 $93,590.00 $53,666.00 $147,256.00
Senior Animal Services
Representative 7 $361,914.00 $192,339.00 $554,253.00
Animal Services
Supervisor 2 $160,260.00 $62,418.00 $222,678.00
Animal Services Manager 1 $101,797.00 $34,054.00 $135,851.00 Community Services
Program Coordinator 5 $328,465.00 $146,570.00 $475,035.00 Registered Veterinary
Technician 2 $139,494.00 $59,692.00 $199,186.00
Veterinary Assistant 3 $164,673.00 $83,685.00 $248,358.00 Shelter Veterinarian 1 $178,846.00 $44,170.00 $223,016.00 Total Staffing Costs $2,794,657.00
Estimated Cost
to Partners City Percentage Share
$1,539,319.50 San Bernardino 53.5%
$647,916.00 Fontana 24%
$377,951.00 Rialto 14%
$188,975.50 Colton 7%
$26,996.50 Grand Terrace 1%
$13,498.25 Loma Linda 0.5%
$2,794,657.00 Total 100%
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Rochelle Clayton
Acting City Manager
a charter city and municipal corporation
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DocuSign Envelope ID: 6C9507DA-55A2-46BE-MFC-51D32B0C1374

SIGNATURE PAGE TO

AGREEMENT FOR ANIMAL SHELTER SERVICES

BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF FONTANA IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement.

CITY OF SAN BERNARDINO,
a charter city and municipal corporation
By: _________ _
Rochelle Clayton
Acting City Manager
ATTEST:

By: ----------- Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

By: __________ _
Thomas Rice
City Attorney

CITY OF FONTANA,
a municipal corporation
By: /lwt- b�l,\,t,
Matt Ballantyne
City Manager
ATTEST:

By: �llll,\,t, �
Germaine Key
City Clerk
APPROVED AS TO FORM:

By: M,UA- Ow/U,\,
City Attorney

SIGNATURE PAGE
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SIGNATURE PAGE TO

AGREEMENT FOR ANIMAL SHELTER SERVICES

BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF RIALTO IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement.

CITY OF SAN BERNARDINO,
a charter city and municipal corporation
By: __________ _
Rochelle Clayton
Acting City Manager
ATTEST:

By: __________ _
Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

By: _________ _
Thomas Rice
City Attorney

CITY OF RIALTO,
a municipal corporati .

By : _ _____,,__-4----=----____;+-,�----
Acting City Manager
ATTEST:

By
B
�
arbara
h;,
A.
/c,;,
McGee
7 t? rVf �
City Clerk
APPROVED AS TO FORM:

By�2
Eric S. Vail
City Attorney

SIGNATURE PAGE
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Approval of Various Mayor and City Council Meeting Minutes
Recommendation:

It is recommended that the City Council approve the meeting minutes for the following dates:

1. August 19, 2020 Draft Regular Meeting Minutes;

2. April 6, 2022 Draft Regular Meeting Minutes;

3. April 26, 2022 Draft Special Meeting Minutes;

4. May 4, 2022 Draft Regular Meeting Minutes;

5. June 1, 2022 Draft Regular Meeting Minutes;

6. April 6, 2023 Draft Special Meeting Minutes;

7. January 17, 2024 Regular and Special Meeting Minutes;

8. April 3, 2024 Draft Regular Meeting Minutes; and

9. May 1, 2024 Draft Regular Meeting Minutes.

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

DRAFT MINUTES

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

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

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

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

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

AUTHORITY
WEDNESDAY, AUGUST 19, 2020
5:30 PM
Closed Session of the Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:32 p.m. by Mayor Valdivia on Wednesday, August 19, 2020, via Web-Conference, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Mayor Pro-Tem, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Henry Nickel Council Member, Ward 5 Present
Bessine L. Richard Council Member, Ward 6 Present 5:58 p.m.

James Mulvihill Council Member, Ward 7 Present
John Valdivia Mayor Present
Genoveva Rocha Acting City Clerk Present
Sonia Carvalho City Attorney Present
Teri Ledoux City Manager Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Henry Nickel
Bessine Richard
Jim Mulvihill
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Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 2

CLOSED SESSION PUBLIC COMMENT
There were no public comments or requests to speak for Closed Session.

CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)):
i. Paul Lentz v. City of San Bernardino, Workers’ Comp. Case No. ADJ36342 ii. Ashtyn Alexander v. City of San Bernardino, Workers’ Comp. Claim No. 18- 138571
iii. Michael Gomez v. City of San Bernardino, Workers’ Comp. Claim No. 18- 139152
iv. Sencio Chavez v. City of San Bernardino, Workers’ Comp. Claim No.

CSBY-9611
v. Christopher De La Cruz v. City of San Bernardino, Workers’ Comp. Claim No. 19-141005
vi. Michael Smith v. City of San Bernardino, Workers’ Comp. Claim No. CSBY9118 vii. Thomas Shank v. City of San Bernardino, Workers’ Comp. Claim No. 18- 133928
viii.Gary Powell v. City of San Bernardino, Workers’ Comp. Claim No. CSBY9745 ix. Otis Herrington v. City of San Bernardino, Workers’ Comp Claim No. CSBY9791 x. Veronica Garcia v. City of San Bernardino, Workers’ Comp. Case Nos.

ADJ12031519 and ADJ8145927
xi. Kimberly Graham v. City of San Bernardino, Workers’ Comp. Claim No. 17- 132017
xii. Pepe’s Inc. dba Pepe’s Towing v. City of San Bernardino, et al., United States District Court Case No. 5:18-cv-02277 SVW (SPx)
xiii.Pepe’s Inc., a California Corporation, dba Pepe’s Towing v. City of San Bernardino, Virginia Marquez, et al., 9th Circuit Court of Appeal, Case No. 19-56501
xiv.Pepe’s Inc. v. City of San Bernardino, et al., California Court of Appeal, 4th Appellate District, Division 2, Case No. E0741745 (Underlying SBCSC Case No. CIVDS1827968)
xv. Mirna Cisneros, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926
xvi. Jackie Aboud, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562
xvii. Karen Cervantes, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538

(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Two cases - Tort claim filed by Don Smith (dated March 31, 2020, revised July 15, 2020) and tort claim filed by Matthew Brown (dated July 22, 2020).

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Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 3 (C) PUBLIC EMPLOYMENT/APPOINTMENT (Pursuant to Government Code Section 54957): City Manager
(D) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representatives: Bob Hall & Associates and City Attorney; Unrepresented Employee: City Manager 7:00 p.m.

The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:09 p.m. by Mayor Valdivia on Wednesday, August 19, 2020, via WebConference, San Bernardino, CA.

INVOCATION AND PLEDGE OF ALLEGIANCE
There was no invocation given. Mayor Pro Tem Sanchez led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated that the Closed Session items were discussed and there was no reportable action.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, the following 21 recorded Public Comments were heard:

Dr. Siraj, Founder of ECS Labs, micro business cannabis applicant, spoke regarding the First Reading of Ordinance MC-1541 Establishing the Maximum Number of Cannabis Business Permits. He asked that the micro businesses and non-store front retail cannabis establishments be excluded from the cannabis permit limit.

Acting City Clerk Rocha stated that the first recorded public comment was being heard this evening since it was missed at the August 5, 2020 City Council Special Meeting.

Rayme Goodman, Ahmed, Christian Flores, Fabian Torres, Miriam Nieto, Michael Segura, and Samuel Armando Castro all spoke regarding the lack of structure, framework, and accountability of the Amended 2020-2021 Annual Action Plan Allocation of COVID-19 Funds being received by the County of San Bernardino. They requested that the language in the eviction moratorium be modified to protect families from becoming homeless, and that there will be a fair and equitable distribution of rent relief and eviction prevention funds for undocumented families. They asked that the Fiscal Year 2020-2021 budget be managed properly, be made public, and allow the direct service providers to administer the Eviction Prevention Program rather than the San Bernardino Housing Authority.

Janette McKaig, resident, asked Council Member Mulvihill about the progress of the investigation into the alleged harassment by Mayor Valdivia. She asked why the report had not yet been released.

Renee Johnson, resident, asked why there was partiality regarding the pop-up taco stands in the city that were not adhering to COVID-19 requirements such as wearing Packet Page. 368
Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 4 gloves, masks, and having no running water. She inquired as to how to recall Mayor Valdivia.

Robert Porter, resident, spoke in opposition to potentially approving only 11 cannabis licenses in the city, and stated that there should be at least 17 cannabis licenses approved by City Council.

Shirley Harlan, resident, thanked the City Council for the repairs at the animal shelter.

She spoke about the need for transparency regarding the $68,000 investigation, findings, and suggested a remedy into Mayor Valdivia’s behavior; whether criminal or civil in nature.

Sapiro Tejas asked how the $6.5 million in COVID-19 relief would be used and where could the information be found. She inquired if the children of the community would benefit from these funds.

Merv Simkavich (phonetic spelling), expressed support of the Final Reading of Ordinance MC-1541 Establishing the Maximum Number of Cannabis Business Permits.

Maribel Nunez, spoke regarding using CARES and ESG funds for a rental assistance program for $1,295 per month for the next three months.

Christopher Gonzalez, also spoke regarding using CARES and ESG funds for a rental assistance program for $1,295 per month for the next three months.

Mirella Gonzales, in Spanish, also spoke regarding using CARES and ESG funds for a rental assistance program for $1,295 per month for the next three months.

Treasure Ortiz commented about the amount of litigation that the city is facing regarding worker’s compensation, Pepe’s Towing, and claims against the mayor for harassment.

She expressed concern for the cost involved when the city’s reserves were already low.

Leticia Garcia, asked that the report regarding the claims against the Mayor for sexual harassment be made public as soon as possible. She stated that the City Council must do the right thing and release the report immediately. She requested that City Attorney Carvalho resign her position due to claims made against her regarding conflict of interest.

Jocelyn Daugherty, resident, spoke in opposition to Measure F as citizens are being taxed for poor decisions made by City Council.

Ryan Oganesian, President of RD San Bernardino, LLC and commercial cannabis applicant No. CCB-18-0025, spoke in support of the original proposal from July 2020 for increasing the number of commercial cannabis license permits from 11 to 17 as it would benefit the city and the community as a whole, as a reliable source of tax revenue and for medicinal uses for those in need.

Acting City Clerk Rocha read into record the names of individuals who submitted written public comments regarding Item No. 4 on tonight’s agenda: Aaron Albrecht, Andrea Garcia, Ariel Dolan, Beatrice Esparza, Deja Holland, Fanelly Milan, Boraz Rigsby, Felicia Jones, Jeremiah Flores, Jule Patterson, Mary Angeles Guerrero, Maria Marta, Mia Packet Page. 369
Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 5 Cooper, Paul Quick, Rayme Goodman, Ramona Johnson, Sonya Grey-Hunn, and Victor Ponce de Leon.

Acting City Clerk Rocha stated that Mr. Merv Simkavich submitted a written public comment regarding Item No. 15 regarding the final reading of Ordinance MC 1541, in addition to his recorded voice comment.

Acting City Clerk Rocha stated that Mr. Tim Dorame submitted a written public comment regarding a sunshine ordinance.

Council Member Richard announced that Mayor Valdivia had lost his father, Gilbert Valdivia and asked that the meeting be adjourned in his memory.

City Manager Teri Ledoux introduced and welcomed new Animal Services Director Kristine Watson. Ms. Watson stated that she was excited to be there and was looking forward to working with the team and serving San Bernardino residents and their animals.

STAFF REPORTS

1. Report on Use of Measure Z Funds for Fiscal Years 2016/17 through 2018/19 Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Receive a report on the use of Measure Z funds and accompanying independent auditor reports for fiscal years 2016/17 through 2018/19 approved by the Measure Z Citizen’s Oversight Committee on August 10, 2020; and

2. Consider the recommendations provided by the Measure Z Citizen’s Oversight Committee to adopt clear fiscal policies and procedures for the use of the City’s revenue. The City’s fiscal policies should be established to ensure the City’s long-term fiscal stability, providing clear direction so that the City’s finances are managed in a manner that will provide for the delivery of quality services; ensure a balanced budget; and establish reserves necessary to meet known and unknown future obligations. The Committee further recommends that the City Council direct staff to prepare these fiscal policies to be reviewed by the Oversight Committee for input prior to being presented to the City Council for adoption. Should voters approve a 1% general district sales tax in November 2020 (renewing and increasing the Measure Z district sales tax scheduled to sunset on March 31, 2022) the Committee recommends the City Council provide clear direction as to how this revenue will be allocated including measurable goals prior to the November 2020 general election. The Mayor and City Council will need to establish clear guidelines along with an expenditure plan that will enable the Committee to participate in the review and oversight of the use of this revenue in keeping with the City’s priorities including a balanced distribution of resources to support:
• Public safety, emergency response and violence intervention services • Cleaner and safer neighborhoods
• Retaining and attracting new businesses
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Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 6 • Street, park, and library maintenance/improvements
• Youth, senior, and homeless service programs
Additionally, the Committee recommended that the City complete an annual audit report with the Oversight Committee assigned responsibility for reviewing the City’s compliance with the expenditure plan established for the use of the general district sales tax revenue.

Sam Singery, Accounting Manager, gave a presentation, which he stated had also been given to the Measure Z Advisory Committee. Measure Z Advisory Committee Chairperson Reverend Bronica Martindale-Taylor gave the committee’s recommendations as included in the PowerPoint presentation.

City Council discussion included: Commending the Measure Z Citizen’s Oversight Board on their recommendations; potential issues if adopted; clarification that Measure Z was a general tax, but that City Council could adopt general guidelines regarding its expenditures; request to bring the policy recommendations back to the Mayor and City Council in the form of a resolution for adoption at a future date; and a potential workshop to discuss where to allocate the funds such as quality of life, economic development, etc. to attract businesses.

RESULT: APPROVED STAFF'S RECOMMENDATION AND REQUESTED

THAT THE RECOMMENDATIONS PROVIDED BY THE MEASURE

Z COMMITTEE BE BROUGHT BACK FOR THE MAYOR AND CITY

COUNCIL'S CONSIDERATION AT A FUTURE MEETING, AND TO

HOLD A WORKSHOP REGARDING THE ALLOCATION OF FUNDS
[6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill NAYS: None
ABSENT: Juan Figueroa

2. Approve Changes in the Long-Range Property Management Plan Property Disposition Designations for the Real Property Located at 562 West 4th Street San Bernardino (APNs 0134-131-10 and 0134-131-30) and 780 North “E” Street, San Bernardino (APN 0140-273-21) – Successor Agency Action Recommendation:

Adopt Resolution No. 2020-145, of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving changes to the Long-Range Property Management Plan (LRMP) property disposition designations for the real property located at 562 West 4th Street, San Bernardino (APNs 0134-131-10 and 0134-131-30) and 780 North “E” Street, San Bernardino (APN 0140-273-21) from future development use to government use.

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Mayor and City Council of the City of San Bernardino Page 7 RESULT: ADOPTED RESOLUTION NO. 2020-145 [6-0]
MOVER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill NAYS: None
ABSENT: Juan Figueroa

3. City Clerk Employment Agreement
Recommendation
Adopt Resolution No. 2020-212 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an employment agreement for the position of City Clerk (U) with Genoveva Rocha to commence on August 19, 2020.

Human Resources Director Edelia Eveland presented the staff report. She noted that she was required to read the following statement into the record: “In accordance with Government Code Section 54953(c)(3), the legislative body is required to orally report a summary of the recommendation for a final action on the salaries, salary schedules, and compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to be taken.” She noted that Item No. 3 was a contract for the position of City Clerk, the base salary was $123,336 per year, the position receives management/confidential unit benefits, and the City Clerk receives a vehicle allowance pursuant to Resolution No. 2018-171.

Mayor Valdivia requested that City Manager Ledoux call the vote, since the City Clerk was the subject of the item.

RESULT: ADOPTED RESOLUTION NO. 2020-212 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Mayor Pro Tem, Ward 1
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill, Valdivia NAYS: None
ABSENT: Juan Figueroa

PUBLIC HEARINGS

4. Substantial Amendment Action Plan - Coronavirus Relief Funds Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California hold a public hearing and:

1. Adopt a Substantial Amendment to the FY 2020/21 Action Plan:
a. Directing the Finance Director to amend the Fiscal Year 2020/21 Budget pursuant to the Substantial Amendment to the Fiscal Year 2020/21 Action Packet Page. 372
Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 8 Plan;
b. Directing the Finance Director to establish new funds and associated accounts for the Community Development Block Grant (CDBG-CV1), the Emergency Solutions Grant (ESG-CV1) and (ESG-CV2), pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; c. Directing the Finance Director to establish an account in the Low Mod Housing Fund (Fund 127), in the amount of $1,049,000 for Seccombe Park Housing Project, and reduce the budget for the project under HOME fund 116 by the same;
d. Authorizing the City Manager or designee to take any further actions and execute any further documents and certifications as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2020/21 Action Plan; and

2. Adopt Resolution No. 2020-211 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to utilize the State allocated Coronavirus Relief Funds for eligible activities as authorized by the US Department of the Treasury.

Mayor Valdivia opened the Public Hearing at 8:30 p.m.

Housing Manager Gretel Noble presented the staff report.

Discussion included establishing a formal partnership with the County of San Bernardino to pool resources and address homelessness on a broader scale, how many beds the City partners currently have available for homeless, and how the various types of funds have been distributed to community partners.

The Mayor and City Council discussed Project No. 11 in the report for the substantial amendment to the Fiscal year 2020-21 budget, which included $1,300,000 in HOME (HOME Investment Partnerships Program) funds allocated to two different locations in the City for permanent housing for the homeless; 450 N. G St. and 2626 Pacific Street.

Council Members expressed concerns regarding the 450 N. G St. which had been determined by San Bernardino County without the City’s input.

Council Member Nickel made a motion to provide a portion of the $1,300,000 HOME funding to the 2626 Pacific Street location only, and that no funding be provided for the 450 N. G St. location at this time, due to the Mayor and City Council’s concerns.

Housing Manager Noble confirmed that 2626 Pacific Street would receive their portion of the funding, the exact amount to be determined, and the rest of the funds would be put on hold until the issues with the other location are resolved.

The one Public Comment for the Public Hearing was as follows:

Lucia Gallegos spoke in support of allocating funds for rent relief for San Bernardino residents.

Packet Page. 373
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Mayor and City Council of the City of San Bernardino Page 9 At the time the vote was called, Council Member Figueroa stated that he had been present for Closed Session; however, he was unable to gain access to the meeting audio to vote. He further stated that since he was only able to re-connect to the web conference in the midst of the discussion of this item (No. 4) that he was going to abstain from the vote.

RESULT: APPROVED STAFF’S RECOMMENDATION, WITH AN

AMENDMENT TO THE HOME FUNDING PORTION OF THE
BUDGET AMENDMENT – NO FUNDS WILL BE PROVIDED TO THE
450 N. G ST. HOMELESS HOUSING LOCATION AT THIS TIME [6
TO 0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Mayor Pro Tem, Ward 1
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill NAYS: None
ABSTAIN: Juan Figueroa

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

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM
NOs. 9, 11, 13, 15, 16 and 18 FOR SEPARATE DISCUSSION [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

5. June and July 2020 City Board, Commission, and Citizen Advisory Committee Approved Minutes
Recommendation
Receive and file the minutes from the City Board, Commission, and Citizen Advisory Committee meetings approved in July 2020.

RESULT: APPROVED [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

6. Approval of Commercial and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for July 2020.

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Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

7. Resolution Authorizing the OTS TRIP Grant
Recommendation
Adopt Resolution No. 2020-200 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to amend the FY 2020/2021 Adopted Budget by $48,800.

RESULT: ADOPTED RESOLUTION NO. 2020-200 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

8. Resolution Authorizing a Purchase and Sale Agreement Between the City of San Bernardino and LEHR Auto Electric; Amending the Budget; and Issuing a Purchase Order to LEHR Auto Electric and Fairview Ford, Pursuant to the San Manuel Community Credit Fund Restricted Grant Agreement Recommendation
Adopt Resolution No. 2020-201 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and LEHR Auto Electric; authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget, appropriating $659,257 to issue a purchase order to LEHR Auto Electric in an amount not to exceed $120,000 and a purchase order to Fairview Ford in an amount not to exceed $84,000, and further authorize the Director of Finance to amend the FY 2020/21 Adopted Budget to transfer the Unfunded Actuarial Liability in the amount of $312,369 from 001-210-8652-5034 into 001-120-0078-5034.

RESULT: ADOPTED RESOLUTION NO. 2020-201 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

9. Resolution to Issue a Purchase Order to Fairview Ford Sales, Inc., for the Purchase of COVID-19 Resistant Vehicles
Recommendation
Adopt Resolution No. 2020-202 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a Purchase Order Packet Page. 375
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Mayor and City Council of the City of San Bernardino Page 11 to Fairview Ford Sales, Inc., in an amount not to exceed $210,000.

Police Chief Eric McBride clarified that these funds were obtained through a Federal Grant for adding COVID-19-related features to five police vehicles for prisoner transport safety.

RESULT: ADOPTED RESOLUTION NO. 2020-202 [6 TO 1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Mayor Pro Tem, Ward 1
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: Sandra Ibarra

10. Professional Services Agreement for Workers' Compensation Legal Services Recommendation
Adopt Resolution No. 2020-203 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between Goldman, Magdalin & Krikes LLP and the City of San Bernardino for workers’ compensation legal services.

RESULT: ADOPTED RESOLUTION NO. 2020-203 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

11. First Amendment to the Professional Services Agreement Between the City of San Bernardino and Joe A. Gonsalves & Son for State Legislative Advocacy Services
Recommendation
Adopt Resolution No. 2020-204 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to the Professional Services Agreement between the City of San Bernardino and Joe A. Gonsalves & Son for State Legislative Advocacy Services.

Council Member Ibarra made a motion to reject this item. The motion was seconded by Council Member Shorett.

Council Member Nickel made a substitute motion to table the item until a new City Manager is hired so that he or she may contribute to this decision. This motion was seconded by Mayor Pro Tem Sanchez.

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Mayor and City Council of the City of San Bernardino Page 12 RESULT: SUBSTITUTE MOTION TO TABLE THE ITEM – FAILED [3 TO 4] MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Mayor Pro Tem, Ward 1
AYES: Sanchez, Nickel, Richard
NAYS: Ibarra, Figueroa, Shorett, Mulvihill
At this time, the vote was taken on Council Member Ibarra’s original motion to reject staff’s recommendation.

RESULT: APPROVED TO REJECT THE 1ST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
AND JOE A. GONSALVES & SON FOR STATE LEGISLATIVE
ADVOCACY SERVICES [4 TO 3]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Ibarra, Figueroa, Shorett, Mulvihill
NAYS: Sanchez, Nickel, Richard

12. Purchase and Sale Agreement with Mat Baburyan, Trustee of the Mat Baburyan Revocable Trust, Dated February 21, 2017, with Respect to the Real Property Located at 757 and 761 N. Mt. Vernon Avenue (APNs 0139-291-60 and 0139-291- 61) – Successor Agency Action
Recommendation
Adopt Resolution No. 2020-199 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and Mat Baburyan, Trustee of the Mat Baburyan Revocable Trust, dated February 21, 2017, with respect to the real property located at 575 and 761 N. Mt. Vernon Avenue, San Bernardino, California (APNs 0139-291-60 and 0139-291-61), and approve certain related actions.

RESULT: ADOPTED RESOLUTION NO. 2020-199 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

13. Resolution Approving the Transfer of City Real Property Assets to Housing Partners I, Inc.

Recommendation
Adopt Resolution No. 2020-205 of the Mayor and City Council of the City of San Bernardino, California, approving the transfer of certain City-owned real property assets to Housing Partners I Inc., for the Infill Housing Program and authorize the Packet Page. 377
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Mayor and City Council of the City of San Bernardino Page 13 City Manager or designee to take any further actions as necessary to effectuate the transfer of the real property assets.

Council Member Ibarra stated she would be voting “no” on this item.

RESULT: ADOPTED RESOLUTION NO. 2020-205 [5 TO 2]
MOVER: Bessine L. Richard, Council Member, Ward 6
SECONDER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
AYES: Sanchez, Figueroa, Nickel, Richard, Mulvihill
NAYS: Ibarra, Shorett

14. Resolution Approving a Subordination of a Deed of Trust for 3248 Greystone Road, San Bernardino, California
Recommendation
Adopt Resolution No. 2020-206 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, approving a Subordination of a Deed of Trust in connection with a refinancing of the senior mortgage relating to real property located at 3248 Greystone Road, San Bernardino, California.

RESULT: ADOPTED RESOLUTION NO. 2020-206 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

15. Final Reading of Ordinance MC-1541 Establishing the Maximum Number of Cannabis Business Permits
Recommendation
Accept for final reading and adopt Ordinance MC-1541 of the Mayor and City Council of the City of San Bernardino, California, establishing the maximum number of cannabis business permits authorized, pursuant to Section 5.10.080 of the San Bernardino Municipal Code.

There was discussion amongst the City Council regarding the number of retail cannabis locations in the City per number of residents, the physical distance between locations, and Elected Official participation in cannabis application decisions.

Mayor Pro Tem Sanchez made a motion to modify the Ordinance to allow only one retail cannabis license per every 12,500 residents in the City, and to introduce integrity standards regarding relationships between cannabis applicants and elected officials. The motion was seconded by Council Member Richard.

Mayor Valdivia announced he would be abstaining from this item out of an abundance of caution even though he did not have any conflicts of interest. Mayor Pro Tem Sanchez chaired the meeting during his absence.

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Mayor and City Council of the City of San Bernardino Page 14 City Attorney Carvalho clarified Mayor Pro Tem Sanchez’s motion and read a portion of Section 5.10 of the Municipal Code of the City of San Bernardino to clarify the meaning of “retail”.

Council Member Mulvihill asked Mayor Pro Tem Sanchez to amend his motion to include a distance requirement of 2,500 feet between cannabis retail locations.

City Attorney Carvalho confirmed that per the Municipal Code, the City Council only has the authority to decide how many permits to issue, and what types of permits to issue.

She stated that the City Council is not allowed to decide what the physical distance between outlets should be. She advised that Director Huntley would have to bring that standard back as a Zoning Code Amendment.

RESULT: INTRODUCED ORDINANCE MC-1541 AND DIRECTED STAFF TO

AMEND THE ORDINANCE TO ONLY ALLOW ONE RETAIL
CANNABIS LICENSE PER EVERY 12,500 CITY RESIDENTS
(TOTALING 17 RETAIL ESTABLISHMENTS), AND INCLUDE

INTEGRITY GUIDELINES THAT FORBID ELECTED OFFICIALS
FROM BEING INVOLVED IN THE APPLICATION PROCESS [5 TO
2]
MOVER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard
NAYS: Shorett, Mulvihill
Mayor Valdivia returned after the vote for Item No. 15 was completed.

16. Resolution Approving a Construction Agreement W/Tetra Tech for Waterman Landfill Upgrades
Recommendation
Adopt Resolution No. 2020-142 of the Mayor and City Council of the City of San Bernardino, California, approving a construction contract with Tetra Tech, Inc. of San Bernardino, California, for landfill gas collection and treatment system upgrades at the Waterman Landfill and authorizing the City Manager to execute the contract.

Council Member Figueroa stated that he would not support this item.

Public Works Director Kris Jensen clarified that this project had already been approved and had already started, and the item only changes the type of agreement the City has with Tetra Tech.

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Mayor and City Council of the City of San Bernardino Page 15 RESULT: ADOPTED RESOLUTION NO. 2020-142 [5 TO 2]
MOVER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Shorett, Nickel, Richard, Mulvihill
NAYS: Sandra Ibarra, Juan Figueroa

17. Resolution Awarding a Construction Contract to TSR Construction and Inspection for Animal Shelter Electrical Service Replacement Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-207:

1. Approving a total project budget for the Animal Shelter Electrical Service Replacement Project (CIP GB20-001) in the amount of $213,000 for the construction contract in the amount of $187,389, project contingencies in the amount of $19,000, and engineering and inspection budgets in the amount of $6,611; and

2. Approving the award of a Construction Contract with TSR Construction and Inspection of Rancho Cucamonga, California in the amount of $187,389; and

3. Authorizing the Acting Director of Finance to amend the adopted FY 2020/21 CIP to reflect a total project budget of $213,000 and record any necessary budget adjustments in Animal Shelter Improvement Fund No. 124; and

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

RESULT: ADOPTED RESOLUTION NO. 2020-207 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

18. Resolution Approving the Patton Basin Outlet Repair Change Order Recommendation
Adopt Resolution No. 2020-208 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Contract Change Order (CCO) #1 to Project No. 8015 with Jeremy Harris Construction Inc., in the amount of $78,595.50, for a full construction contract not-to-exceed amount of $574,966.50 and authorizing the Acting Director of Finance to increase the purchase order to reflect the full construction cost.

Council Member Ibarra stated that she pulled this item because she wanted to vote in opposition to it.

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Mayor and City Council of the City of San Bernardino Page 16 RESULT: ADOPTED RESOLUTION NO. 2020-208 [6 TO 1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: Sandra Ibarra

19. Resolution Approving Revised Cooperative Agreement with SBCTA for Metrolink Accessibility Phase II
Recommendation
Adopt Resolution No. 2020-209 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the revised Cooperative Agreement No. 20-1002318 with the San Bernardino County Transportation Authority (SBCTA) for Phase II of the San Bernardino Metrolink Station Accessibility Improvement Project and authorizing the Acting Director of Finance to record a budget adjustment in the Measure I Fund No. 129 in the amount of $18,000 to support the project.

RESULT: ADOPTED RESOLUTION NO. 2020-209 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

20. First Amendment to Vendor Services Agreement with RP Landscape and Irrigation - Bryce Hanes Park
Recommendation
It is respectfully recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-210:

1. Approving First Amendment to Vendor Services Agreement between the City of San Bernardino, California, and RP Landscape and Irrigation for landscape maintenance of the City’s north, central and south park sites (“First Amendment”) through June 30, 2021, to include maintenance services at Bryce Hanes Park in the amount of $32,787 for FY 2020/21 ($3,278.70 per month); and

2. Authorizing the City Manager to execute the First Amendment; and

3. Authorizing the Director of Finance to record budget adjustments to FY 2020/21 Operating Budget for Bryce Hanes Park Landscape Maintenance Fund No. 001- 400-8790 to support the park’s landscape maintenance contract, infrastructure maintenance and utility expenses totaling $66,188.

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Mayor and City Council of the City of San Bernardino Page 17 RESULT: ADOPTED RESOLUTION NO. 2020-210 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

21. Final Reading and Adoption of Ordinance MC-1538 Amending Ordinance MC1522 and Levying Special Taxes to be Collected During Fiscal Year 2020/21 Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a final reading and adopt Ordinance MC-1538 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement and administrative expenses, with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

RESULT: ADOPTED ORDINANCE NO. MC-1538 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

22. Final Reading and Adoption of Ordinance MC-1539 Amending Ordinance MC1522 and Levying Special Taxes Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a final reading and adopt Ordinance MC-1539 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

RESULT: ADOPTED ORDINANCE NO. MC-1539 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None
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Mayor and City Council of the City of San Bernardino Page 18

23. Authorization to Issue a Purchase Order to Connections for the Renewal of Microsoft Office 365 in an Amount Not to Exceed $166,345.00 for FY 2020/21 Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to authorize the purchase of Microsoft Office 365 from Connections in an amount not to exceed $166,345.

RESULT: APPROVED THE PURCHASE ORDER [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

24. Final Reading and Adoption of Ordinance MC-1540 Authorizing the Levy of Special Taxes
Recommendation
It is recommended that the Mayor and City Council if the City of San Bernardino, California, conduct a final reading and adopt Ordinance MC-1540 levying special taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of certain public improvements and costs of administration with respect to City of San Bernardino Community Facilities District No. 2020-1.

RESULT: ADOPTED ORDINANCE NO. MC-1540 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None

ADJOURNMENT
The Meeting of the Mayor and City Council was adjourned at 10:50 p.m. on Wednesday, August 19, 2020, in memory of Mayor Valdivia’s father, Gilbert Valdivia.

The next Joint Regular Meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, September 2, 2020, in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

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

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

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

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

AUTHORITY
WEDNESDAY, APRIL 6, 2022
5:30 PM
Closed Session was called to order at 5:32 PM by Mayor Valdivia on Wednesday, April 6, 2022, via Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Absent
Juan Figueroa Mayor Pro Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present 5:40 PM
Kimberly Calvin Council Member, Ward 6 Present
Damon L. Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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Mayor and City Council of the City of San Bernardino Page 2 5:30 PM

CLOSED SESSION PUBLIC COMMENT
Treasure Ortiz, San Bernardino, stated that Mayor should not be involved with the negotiations with Montecito Equities in closed session because he has received political contributions from them. She also spoke about the “Andrea Miller” case and advised that we need to make sure we are doing everything possible to not protect elected officials for agreements that they vote to approve.

Paula Plunk, San Bernardino, thanked Treasure Ortiz for remembering democracy.

She expressed opposition to Council Member Ibarra’s request for legal representation.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
a. Rick Garcia v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2014140 (Risk)
b. Ronald Alejandro Molina Santacruz v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS193924 (Risk)
c. Andrea Miller v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS2015337 (Risk)

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

C) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS - Discussion of Evaluation Procedures (Pursuant to Government Code Section 54957):

Titles: City Manager; City Attorney; and City Clerk (CM)

D) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item - Notice of Claim, Montecito Equities, Ltd., dated November 20, 2020. (CM)
7:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:07 PM by Mayor Valdivia on Wednesday, April 6, 2022, Feldheym Central Library, San Bernardino, CA.

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Jorge Murguia from San Bernardino First Church of the Nazarene led the invocation and Councilmember Calvin led the Pledge of Allegiance to the Flag.

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CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that the City Council had authorized staff to file a receivership action in a nuisance abatement case.

CITY MANAGER UPDATE
City Manager Rob Field provided city-wide updates to the Mayor and City Council, including local road closures, new Public Works Street and park projects, and hiring of the new Police Chief, Darren Goodman, effective June 1st.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Important updates included domestic flights coming to the San Bernardino airport, improvements at Seccombe Lake, restricted truck routes, and Neighborhood Association meetings.

Council Member Alexander announced that himself and Council Member Calvin attended a virtual Job Corps event, as well as the San Bernardino Valley College annual gala.

PRESENTATIONS

1. Proclamation for National Library Week - April 3-9, 2022 (All Wards) Mayor Valdivia presented the proclamation to Library Director Ed Erjavek.

2. Proclamation for National Donate Life Month - April 2022 (All Wards) Mayor Valdivia presented the proclamation to a representative from One Legacy.

3. Proclamation for Volunteer Appreciation Month - April 2022 (All Wards) Parks and Recreation Director Lydie Gutfeld made a presentation and recognized some of the City’s volunteers. Mayor Valdivia presented the proclamation to Director Gutfeld.

4. 2021 Public Safety Report (All Wards)
Interim Police Chief David Green presented the report. The report was a general overview of crime and public safety efforts. Highlights included common types of theft in the city, and property and violent crime statistics.

After the presentations, City Manager Rob Field announced that Item No. 10 would be continued to the May 4th, 2022, Mayor and City Council Meeting.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Lesley Stevens, San Bernardino Chamber of Commerce, announced that the 66ers Baseball Team’s opening game is May 6th, the Chamber of Commerce is hosting a meeting on April 20th, and the National Orange Show fair begins April 20th at the Fairgrounds.

Paula Plunk spoke in opposition of Mayoral Candidates Helen Tran, John Valdivia, and Jim Penman. She encouraged people to vote on June 7th.

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Mayor and City Council of the City of San Bernardino Page 4 Thelma Thomas spoke in support of homeless people and stated that they are often mistreated by police.

Advocating for Everyone (A.F.E.), Cal State San Bernardino, representative Cassandra stated that their group is comprised of six students. They explained the results of the survey, including requests from citizens for more resources in the city.

Alejandro Faz, University of Southern California Student and Animal Control Commissioner, spoke in support of Item No. 35 proposing the formation of a youth civic council.

John Shollenberger discussed Items No. 16 and 17. He stated he did not agree with the city legally representing Council Member Ibarra in the “Miller” lawsuit.

Harry Hatch spoke in support of prohibiting fireworks.

Mike Hartley asked that street sweeping be reinstated, spoke in support of more Code Enforcement officers, and asked for more Police Officers to patrol the apartment buildings in the city.

Luis Ojeda, “We are the Change”, announced that he is working with the city to bring back “SB Food Fest”.

Treasure Ortiz spoke about Item No. 16. She opposed Council Member Ibarra being legally represented by the city. She supports the Violence Intervention Program (V.I.P).

Jim Penman discussed the city’s bankruptcy. He also stated that when he was the city’s attorney, lies were told about him that led to his recall.

Marcus Funches, Assistant Superintendent of Human Resources for the San Bernardino Unified School District, encouraged building a partnership between the city and the school district. He supports a youth council within the city.

Rick Avila spoke in opposition of mayoral candidates Jim Penman, Helen Tran, or John Valdivia. He supports Treasure Ortiz for Mayor.

Lawanda Ranger supports Jim Penman for mayor. She stated that the next mayor should be a good leader and a good example.

Dr. Scott Wyatt, President of the San Bernardino Unified School District, spoke in support of future agenda Item No. 35, a student advisory council. He also asked the Mayor and City Council to address the potholes in the city.

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

Tim Dorame stated that he does not support Jim Penman, John Valdivia or Helen Tran for mayor.

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Mayor and City Council of the City of San Bernardino Page 5 Hardy Brown expressed his support for the first African American Police Chief, Darren Goodman. He thanked City Manager Field for hiring Mr. Goodman.

DISCUSSION

5. Ordinance Amending Chapter 19.70.030 of the San Bernardino Municipal Code Exempting Students of Educational Institutions Engaged in Film-Making Activities from the Special Events Permit Fee
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Introduce, read by title only, and waive further reading of Ordinance MC-1575 amending Chapter 19.70.030 of the San Bernardino Municipal Code to waive the Special Events permit fee for students conducting filmmaking activities; and

2. Adopt a Student Filmmaking Activities Special Events Permit Fee Policy The staff presentation was waived.

RESULT: INTRODUCED ORDINANCE NO. MC-1575 AND ADOPTED
POLICY [6-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

6. Ordinance - Property Maintenance Code (Vacant Building Board-Up Standards) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1) Introduce, read by title only, and waive further reading of Ordinance No. MC1576 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 15.05 (Property Maintenance Code) of Title 15 (Buildings and Construction) of the City of San Bernardino Municipal Code adding Section

15.05.300 (Vacant Building Board-Up Standards); and finding the exemption under the California Environmental Quality Act; and
2) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on May 4, 2022.

Council Member Figueroa, Council Member Sanchez, and Mayor Valdivia asked for clarification of the ordinance. Planning Division Manager Oliver Mujica provided a brief synopsis.

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Mayor and City Council of the City of San Bernardino Page 6 RESULT: INTRODUCED ORDINANCE NO. MC-1576 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

7. Update on Organics Collection, Processing and Disposal Services Due to SB 1383 Short-Lived Climate Pollutants Mandate (All Wards) Recommendation
The Mayor and City Council to receive an update on the status of the City’s efforts to comply with the SB 1383 Short-Lived Climate Pollutants Mandate.

Alex Qishta, Deputy Director of Public Works, provided a presentation regarding SB1383 and the city’s agreement with Burrtec for trash collection. Council Member Calvin asked if food waste could be provided to community gardens for free.

RESULT: NO ACTION TAKEN; RECEIVED UPDATE

PUBLIC HEARINGS

8. Public Hearing on Annexation No. 12 to Community Facilities District 2019-1 (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing;

2. Adopt Resolution No. 2022-65 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 12);

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

4. Adopt Resolution No. 2022-66 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 12);

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1577 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Packet Page. 389
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Mayor and City Council of the City of San Bernardino Page 7 Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the final reading and adoption of Ordinance No MC-1577 for May 4, 2022.

Mayor Valdivia opened the Public Hearing at 9:52 PM
There were no written communications received or public comments for this item.

City Clerk Rocha confirmed that zero written protests were received.

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

RESULT: ADOPTED RESOLUTION NO. 2022-65 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra
RESULT: ADOPTED RESOLUTION NO. 2022-66 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra
RESULT: INTRODUCED ORDINANCE NO. MC-1577 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

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

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM
NOs. 11, 17, and 18 FOR DISCUSSION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra
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9. Approval of Mayor City Council Meeting Minutes
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the January 19, and February 2, 2022, Regular Meeting of the Mayor and City Council.

RESULT: APPROVED MAYOR AND CITY COUNCIL MINUTES [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

10. Violence Intervention Program Contract Amendments (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to amend Professional Services Agreements with Hope Culture and Young Visionaries Youth Leadership Academy by increasing the amount of each agreement by $250,000, for a total of $500,000 of American Rescue Plan Act funds.

City Manager Field requested that this item be continued to a future meeting and there was a consensus from the Mayor and City Council.

RESULT: NO ACTION TAKEN; CONTINUED TO MAY 4, 2022, AT THE

REQUEST OF THE CITY MANAGER

11. Amendment No. 1 to Professional Services Agreement with PlaceWorks for the Enhanced Public Participation Program (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with PlaceWorks for the enhanced Public Participation Program associated with the comprehensive General Plan update and Downtown Specific Plan.

Council Member Sanchez pulled this item and asked staff to explain the amendment.

Planning Manager Mujica explained that the amendment is for public outreach and holding more General Plan and Downtown Specific Plan community workshops. Council Member Sanchez asked to continue the item to the next council meeting, to allow PlaceWorks to come in and present to the council with more details.

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Mayor and City Council of the City of San Bernardino Page 9 RESULT: CONTINUED TO MAY 4, 2022 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

12. City Board, Commission, and Citizen Advisory Committee Minutes Approved in February/March 2022
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in February and March 2022.

RESULT: APPROVED MINUTES [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

13. Professional Service Agreement with Matrix Consulting Group for a Comprehensive Fee Study (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Matrix Consulting Group for a comprehensive fee study.

RESULT: APPROVED AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

14. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for March 2022.

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Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED DISBURSEMENTS [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

15. Investment Portfolio Report for February 2022 (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for February 2022.

RESULT: APPROVED REPORT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

16. Amendment to Stream, Kim, Hicks, Wrage & Alfaro Legal Service Agreement Re: Miller II (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the First Amendment to the Legal Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for representation in the San Bernardino Superior Court Case No. CIVDS2015337; and authorize the Director of Finance to amend the Purchase Order to Stream, Kim, Hicks, Wrage & Alfaro.

RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

17. Amendment to Atkinson, Andelson, Loya, Ruud & Romo Legal Service Agreement Re: Miller II (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the Second Amendment to the Legal Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior Court Case No. CIVDS2015337; and authorize the Director of Finance to amend the Purchase Order to Atkinson, Andelson, Loya, Ruud & Romo.

Council Member Alexander pulled this item and asked City Attorney Sonia Carvalho Packet Page. 393
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Mayor and City Council of the City of San Bernardino Page 11 why this item was on the agenda. City Attorney Carvalho stated that the city has a duty to defend employees that are acting within the scope of their duties. Human Resources Director Rene Anderson stated that all contract amendments are routinely brought before the council. City Attorney Carvalho confirmed that there are two law firms assigned to this case number (CIVDS2015337), one which represents a Council Member, and one which represents the city. Council Member Calvin again questioned which agenda item represented which entity, and City Attorney Carvalho confirmed again that this item, number 17, is regarding defending the City in this lawsuit. The City is one defendant in this lawsuit.

RESULT: APPROVED AMENDMENT TO AGREEMENT [5 TO 1]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander
NAYS: Ben Reynoso
ABSENT: Sandra Ibarra

18. Approving Job Classifications, Amending the Salary Schedule and the Fiscal Year 2021/22 Adopted Budget (All Wards)
Recommendation
Adopt Resolution No. 2022-67 of the Mayor and City Council of the City of San Bernardino, California, approving the:

1. Deputy Director of Human Resources (U) job classification;

2. Deputy Director of Information Technology (U), reclassification from IT Operations Supervisor;

3. Grant Division Manager (U) job classification;

4. Grant Writer job classification;

5. Administrative Supervisor and Executive Assistant to the City Manager (U), reclassification from Executive Assistant to City Manager (U)

6. Procurement Contract Specialist, job classification3:

7. Treasury Manager, reclassification from Treasury Supervisor;

8. Senior IT Technician, update the classification title only from IT Technician II;

9. Addition of four Code Enforcement Officers to the Community & Economic Development Department;

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

11. Amendment to Fiscal Year 2021-22 Adopted Budget by appropriating an additional $128,450.

Council Member Sanchez requested that staff's recommendation be amended to include a total of eight (8) Code Enforcement Officers. There was discussion among council members regarding which fund these positions would be allocated from.

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Mayor and City Council of the City of San Bernardino Page 12 RESULT: APPROVED WITH AMENDMENT TO STAFF RECOMMENDATION TO INCLUDE A TOTAL OF EIGHT (8) CODE ENFORCEMENT
OFFICERS [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

19. Amendment to the Professional Services Agreement for Graves and King (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Graves and King for representation in San Bernardino Superior Court Case No. CIVDS 2014140; and authorize the Director of Finance to amend the Purchase Order to Graves and King.

RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra

20. Application for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoors Access for All Act of 2018 Per Capita Program (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-68, approving the application for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoors Access for All Act of 2018 Per Capita Program.

RESULT: ADOPTED RESOLUTION NO. 2022-68 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

21. Hometown Heroes Military Banner Program Update (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the Hometown Heroes Military Banner Program.

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Mayor and City Council of the City of San Bernardino Page 13 RESULT: APPROVED BANNER PROGRAM UPDATE [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

22. Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 14 (Ward 3)
Recommendation
Adopt Resolution No. 2022-69 the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 14) and authorizing the levy of special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2022-69 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

23. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 16, Tax Zone No. 17 (Belmont) (Ward 5)
Recommendation
Adopt Resolution No. 2022-70 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 16) and authorizing the levy of special taxes therein.

Council Member Reynoso asked that the special taxes from this annexation pay for additional streetlights in the area. Deputy Director of Public Works Alex Qishta stated he could speak to the developer about the request.

RESULT: ADOPTED RESOLUTION NO. 2022-70 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra
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24. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 17, Tax Zone No. 18 (G&M Oil #18) - (Ward 3)
Recommendation
Adopt Resolution No. 2022-71 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 17) and authorizing the levy of special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2022-71 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

25. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018-1 (Safety Services) Annexation No. 4, (Tract 20145) (Ward 5) Recommendation
Adopt Resolution No. 2022-72 of the Mayor and City Council of the City of San Bernardino, acting as the legislative body of Community Facilities District No. 2018- 1 of the City of San Bernardino (Safety Services), declaring its intention to consider annexing territory to Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services).

RESULT: ADOPTED RESOLUTION NO. 2022-72 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

26. Resolution to Initiate Preparation of Engineer's Report of Previously Formed Landscape and Lighting Maintenance Districts, Initiating Proceedings to Levy and Collect Assessments for Fiscal Year 2022/2023 (All Wards) Recommendation
Adopt Resolution No. 2022-73 of the Mayor and City Council of the City of San Bernardino, California, initiating proceedings to levy and collect assessments for Fiscal Year 2022/23 in Assessment Districts pursuant to The Landscaping and Lighting Act of 1972, appointing the Engineer of Record, and ordering preparation of Engineer's Reports.

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Mayor and City Council of the City of San Bernardino Page 15 RESULT: ADOPTED RESOLUTION NO. 2022-73 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

27. Mount Vernon Bridge Replacement - Construction and Maintenance Agreement No. 22-1002699 (Wards 1,3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Construction and Maintenance Agreement No. 22-1002699 with the San Bernardino County Transportation Authority (SBCTA) and Southern California Regional Rail Authority (SCRRA) for the demolition, construction, and maintenance of the Mount Vernon Bridge.

RESULT: APPROVED AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

28. Graffiti Abatement and Dilapidated Building Painting Program Assessment (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report regarding the assessment of utilizing in-house staff versus contracted staff for graffiti abatement and dilapidated building painting services.

RESULT: APPROVED RECEIVE AND FILE OF REPORT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

29. Agreement with Phoenix Group Information Systems (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement between Phoenix Group Information Systems and the City of San Bernardino for parking citation processing services; and authorize the Director of Finance to issue a purchase order to Phoenix Group Information Systems in an amount not to exceed $100,000 per fiscal year; and amend the budget each contract year if needed in an amount not to exceed 35% of the revenues collected through the Parking Citation Intercept programs.

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Mayor and City Council of the City of San Bernardino Page 16 RESULT: APPROVED AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

30. First Amendment to the Professional Services Agreement with Axon Enterprise, Inc., for Body Worn Camera Services (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Axon Enterprise, Inc., for body worn camera services; and authorize the Director of Finance to issue a purchase order to Axon Enterprise Inc. in an amount not to exceed $37,000.

RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

31. Progressive Design Build - California Theatre Improvements Project (Ward 1) Recommendation
Adopt Resolution No. 2022-74 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting the California Arts Council Grant in the amount of $2,500,000;

2. Authorizing the Director of Finance to amend the FY2021/22 CIP to include California Theatre Improvements Project (“Project”) in the total project cost amount of $2,500,000; and

3. Approving an Award of a Progressive Design Build Contract with Tilden-Coil Constructors, Inc. in the amount of $309,031 to be paid from unspent Measure S funds and reimbursed from grant proceeds; and

4. Authorizing the City Manager or designee to finalize and execute all documents related to the Project.

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Mayor and City Council of the City of San Bernardino Page 17 RESULT: ADOPTED RESOLUTION NO. 2022-74 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

32. Consideration of a Development Code Amendment to Permit Open Porches to Encroach into the Front Setback (All Wards) (Council Member Sanchez) RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

33. Mobile Showers for the Unhoused (All Wards) (Council Members Ibarra & Sanchez)
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Calvin, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

34. Policy Manual Regarding Grant Funded Positions (All Wards) (Council Member Alexander)
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [4-1] MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Kim Calvin, Council Member, Ward 6
AYES: Figueroa, Shorett, Calvin, Alexander
NOES: Theodore Sanchez
ABSENT: Sandra Ibarra, Ben Reynoso

35. Establish a Program for High School Students to Serve as Junior Council Members to Encourage Greater Civic Engagement, Reporting through the City Manager's Office (All Wards) (Council Member Calvin)
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Mayor and City Council of the City of San Bernardino Page 18 RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned at 10:32 PM on Wednesday, April 6, 2022 in honor of Tony Murguia.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, May 4th, 2022 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

By:_________________________
Packet Page. 401
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES

FOR THE

SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL

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

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

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

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

AUTHORITY
TUESDAY, APRIL 26, 2022
5:30 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:35 PM by Mayor Pro Tem Figueroa on Tuesday, April 26, 2022, via Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present 5:44 p.m.

Juan Figueroa Mayor Pro Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Absent
Ben Reynoso Council Member, Ward 5 Present 5:39 p.m.

Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Absent
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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Special Meeting Agenda April 26, 2022
Mayor and City Council of the City of San Bernardino Page 2

PLEDGE OF ALLEGIANCE
Council Member Sanchez led the Pledge of Allegiance to the Flag.

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

DISCUSSION

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

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

There was discussion amongst the City Council regarding the Verdemont area storm drain project, street repairs and concrete work throughout the City, new parks and libraries, and Code Enforcement nuisance abatement.

City Manager Field informed the City Council that staff will be pursuing additional grant funding to accomplish new projects in the community, as well as receiving additional American Rescue Plan Act (ARPA) funding.

ADJOURNMENT
The meeting was adjourned at 6:43 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, May 4, 2022 at the Feldheym Library located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC
Packet Page. 403
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes

FOR THE

SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL

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

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

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

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

AUTHORITY
WEDNESDAY, APRIL 26, 2023
6:00 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 6:01 PM by Mayor Helen Tran on Wednesday, April 26, 2023, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Absent
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles E. McNeely Interim City Manager Present
Thomas Rice City Attorney Present
Courtney Bowen Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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Special Meeting Draft Minutes April 26, 2023
Mayor and City Council of the City of San Bernardino Page 2 6:00 P.M.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Fred Shorett led the Pledge of Allegiance to the flag

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Desiree Sanchez, American Civil Liberties Union of Southern California, spoke in support of Item No.1. She thanked the council for prioritizing this, and asked for more than 24 hours' notice of Special Meetings for the residents.

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

Kath Rogers, American Civil Liberties Union of Southern California, spoke in support of Item No.1. She would like to ensure the funds are being used to help and support the unhoused.

Yolanda Brown spoke in support of Item No.1 and asked for funds to be appropriately used for those who are unhoused.

CONSENT CALENDAR

1. Homekey 3.0 Grant Funding Application and American Rescue Plan Act (ARPA) Funding Subaward Agreement. (Grant) (Ward 2)
Recommendation:

1. Adopt Resolution No. 2023­057 of the Mayor and City Council of the City of San Bernardino, California, approving a submit a joint application with Lutheran Social Services of Southern California (LSS) to apply for Homekey 3.0 grant funding for the development of a 140­bed interim housing and 30­semi­private emergency shelter beds on LSS­owned property located at 1354 N G St, San Bernardino and authorize the City Manager, or designee, to sign any documents that may be required to apply for funding, including making minor and non­substantive changes; and

2. Authorize the City Manager, or designee, to execute an American Rescue Plan Act (ARPA) funding subaward agreement with LSS for the disbursement of funds up to $5 million. The funds will be used for the construction of a 140­bed interim housing facility and 30 emergency shelter beds with semi­private accommodations.

Council Member Sanchez asked if there has been progress on the navigation center.

He asked staff to walk them through the process and ensure there is funding for the center.

Deputy Director of Housing and Homelessness, Cassandra Searcy addressed the council and mayor. Staff will come back to request funds for the navigation center.

And there is a workshop planned for the second week of May that will outline the details.

Interim City Manager, Charles E. McNeely, stated that staff will come back to the council for approval to help address and move forward with the homeless crisis.

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Mayor and City Council of the City of San Bernardino Page 3 Council Member Alexander asked Interim City Manager McNeely to correct the 2nd paragraph of the staff report. The dollar amount is a flat 5 million; it is not “up to,” which the report states.

Assistant City Attorney Thomas Rice responded that the funds are American Rescue Plan Act funds, and the funds are reimbursable.

RESULT: ADOPTED RESOLUTION 2023-057 [6-0]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, April 26, 2023, at 6:20 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, May 3, 2023, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC
Packet Page. 406
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

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

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

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

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

AUTHORITY
WEDNESDAY, MAY 4, 2022
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor Valdivia on Wednesday, May 4, 2022, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 5:31 p.m.

Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro Tem, Ward 3 Absent
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present 5:33 p.m.

Kimberly Calvin Council Member, Ward 6 Present
Damon L. Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 2

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

CLOSED SESSION
A) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS: Review and
Discussion of Compiled Performance Evaluations (Pursuant to Government Code Section 54957):

Titles: City Manager; City Attorney; and City Clerk (CM)

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Steve Anderson from Lutheran Church of Our Savior led the invocation and Council Member Sanchez led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated that the Mayor and City Council had met to discuss performance evaluations of the appointed positions of the City. She had not been present during Closed Session, due to her evaluation also being discussed, but advised that there was no reportable action.

CITY MANAGER UPDATE
At this time, City Manager Rob Field provided city-wide updates to the community and the Mayor and City Council. Some highlights included police department announcements, the Emergency Rental Assistance Program, and Public Works projects.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Details included Council Members Calvin and Alexander attending the April 7th and 8th City County Conference in Lake Arrowhead and the April 20th Women’s Club Celebration.

Other Council Members discussed neighborhood association meetings, Spanish translation updates, and homeless shelters.

PRESENTATIONS

1. Certificate of Recognition Michael Beauchamp Retirement (All Wards) Mayor Valdivia presented the certificate to Mr. Beauchamp and his wife Paula for his retirement from the California Department of Transportation after 37 years of service.

2. Certificate of Recognition San Bernardino Pacesetters (All Wards) Council Member Calvin present the certificate to the San Bernardino Pacesetters. The Pacesetters were also present and put on a short performance.

3. Certificate of Recognition San Bernardino High School Girls Basketball Team (All Wards)
Council Member Calvin presented the certificate to the basketball team and their coach, Mr. Tardy.

Packet Page. 408
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Mayor and City Council of the City of San Bernardino Page 3

4. Proclamation for National Public Works Week - May 15-21, 2022 (All Wards) Mayor Valdivia presented the proclamation to Alex Qishta, interim Public Works director.

5. Proclamation for National Water Safety Month - May 2022 (All Wards) Mayor Valdivia presented the proclamation to Lydie Gutfeld, Parks and Recreation director.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mark Porter, San Bernardino, stated that he is running for the House of Representatives in the San Bernardino District. He asked for everyone’s support.

Kristen Malaby, Fontana, spoke about her organization, SoCal Trash Army. The organization assists homeless people with food and shelter. She asked for the Mayor and City Council’s assistance with resources.

Lue Dowdy, President of the Southern California Black Chamber of Commerce, Inland Cities East Chapter, asked for support for the upcoming Juneteenth celebration event at San Bernardino Valley College.

Dr. Nosakhere Thomas, Director of the Inland Empire Black Workers Center (IEBWC), spoke about the career and training opportunities available at the center.

Whanita Fawcett, IEBWC student, shared the success she has achieved at the center’s Water Works program.

Moses Ramirez, IEBWC Center, spoke about the opportunities and attributes of the IEBWC.

Zola Jordan, San Bernardino, also spoke in support of the IEBWC.

Zachary Guzman, San Bernardino, also shared his experience in an apprenticeship at the IEBWC.

Andrea Dudley, San Bernardino, spoke in favor of the experience for herself and others at the IEBWC and classes at San Bernardino Valley College.

Harry Hatch, San Bernardino, discussed the cement pile at the OxBow development.

He informed that the cement needs to be abated as soon as possible. He does not understand why this project has not moved forward yet.

John Shollenberger, San Bernardino, spoke about the San Bernardino Sun newspaper endorsing Treasure Ortiz for Mayor. He also supports Ms. Ortiz.

Robin Malibu, San Bernardino, informed about the various work she has done throughout the city. She asked for the Mayor and City Council’s support for her Juneteenth event.

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Mayor and City Council of the City of San Bernardino Page 4 Jim Penman, San Bernardino, announced that he has received information from CalPERS stating that his retirement benefits will not be affected whether or not he is elected as mayor.

Dolores Armstead, San Bernardino, spoke in favor of more staff support for council members. She also spoke in opposition of Item No. 10 on the agenda for military-grade police department equipment. In addition, she spoke in opposition of Mayor Valdivia being re-elected.

Edwin Johnson, Vice President of the Southern California Black Chamber of Commerce, Inland Cities East Chapter, asked for the Mayor and City Council’s support of Juneteenth and the African American community.

Zepporah Johnson, Representative of the San Bernardino Juneteenth Committee, also asked for support for the upcoming Juneteenth event at San Bernardino Valley College.

Treasure Ortiz, San Bernardino, thanked people for their support in the loss of her brother. She asked the Mayor and City Council to support the citizens.

Sandra S., San Bernardino, spoke in opposition of approving Item No. 8 for the amendment to the professional services agreement with PlaceWorks. She stated that the amendment and additional funding would be a waste of money.

Phil Savage, San Bernardino, stated that he is part of the Charter Review Committee, and he believes the committee is ineffective. He expressed frustration that the Council has not brought forward any of the committee’s recommendations.

James Albert, Commissioner, San Bernardino, spoke in support of rank choice voting.

He believes this system will save the city money and produce better election outcomes.

Ronnie Miller, CEO and Founder of Sisters Making A Difference, encouraged everyone to get involved with the Juneteenth committee and participate in the upcoming events.

Robert Porter, Commissioner, San Bernardino, thanked Council Member Ibarra for her work in the community.

Areli Lopez, San Bernardino, spoke about dilapidated apartment complexes in the city that are inhabitable. She would like the City Council to do something about these places.

Jeff Green, San Bernardino, also discussed uninhabitable apartments in San Bernardino. He stated that Code Enforcement has not helped the residents.

Deborah Harnon, San Bernardino, stated that she lives in the Date Park apartments and there are many issues that make the apartments unhealthy and unsafe to live in.

Nadine, San Bernardino, also lives in Date Park apartments and states that their rent has been increased beyond the legal limits.

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Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 5 Khristopher Gonzalez, Downtown Civic Center Neighborhood Association President, San Bernardino, informed about his organization’s upcoming 5K race in downtown. He requested an appointment with the City to discuss logistics of the race.

Nohemi, San Bernardino, expressed concerns about clean air, affordable housing, and fair wages.

Ronald Donis, San Bernardino, spoke in support of Item No. 44. He supports raising minimum wage in the city. He also requested an update regarding the police department’s recent audit.

Scott Olsen, San Bernardino, discussed ward boundaries, support of congressional nominee Mark Porter, and support for James Penman for Mayor.

At this time, the following remote speaker was heard via Zoom:

Delshawn McClellan, Southwest Regional Council of Carpenters, spoke about Agenda Item No. 8. He stated this project should be built utilizing local workers.

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

Tim Dorame, San Bernardino, expressed his support for Treasure Ortiz for Mayor. He does not support Mayor Valdivia, Jim Penman, or Helen Tran. He also supports Ali Payne for Second Ward Council Member.

APPOINTMENTS
With consensus from the Mayor and City Council, Items 6 and 7 were voted on simultaneously with one motion.

6. Water Board Reappointment - Rikke Van Johnson (All Wards) Recommendation
Approve the re-appointment of Rikke Van Johnson to the Water Board with a sixyear term of office ending May 8, 2028. Council Staff has verified that appointee is a registered voter within the city.

RESULT: APPROVED THE RE-APPOINTMENT [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa
City Clerk Rocha swore in Mr. Johnson and provided his certificate. Mr. Johnson thanked the Mayor and City Council for the opportunity to be of service to others.

7. Public Safety and Human Relations Commission Appointment (Ward 1) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Jose D. Guzman to the Public Safety and Human Relations Commission representing Ward 1. Mr. Guzman will replace Packet Page. 411
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 6 Maria I. Lanas with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City.

Mr. Guzman was not present at the meeting.

RESULT: APPROVED THE APPOINTMENT [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

DISCUSSION

8. Amendment No. 1 to the Professional Services Agreement with PlaceWorks for the General Plan and Downtown Specific Plan (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with PlaceWorks for the General Plan and Downtown Specific Plan by increasing the total compensation from $3,597,985 to $4,395,308 (+$797,323); and authorize the Finance Director to amend the Fiscal Year 2021/22 Adopted Budget accordingly.

Planning Manager Oliver Mujica provided a presentation to the Mayor and City Council.

Woodie Tescher and Wendy Nowak from PlaceWorks provided a presentation of the status of the General Plan and Downtown Specific Plan.

Council Member Sanchez motioned to reject Staff's recommendation and only approve $500,000 to PlaceWorks from the LEAP Grant from the State Department of Housing and Community Development (HCD) to complete the housing component of the General Plan; he stated he did not agree with approving any funding for this project from the General Fund.

RESULT: APPROVED AS AMENDED TO REJECT STAFF'S

RECOMMENDATION AND ONLY APPROVE AN ADDITIONAL
$500,000 TO PLACEWORKS [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa
The Mayor called for a recess at 10:27 p.m. and reconvened at 10:38 p.m.

Packet Page. 412
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 7

PUBLIC HEARINGS

9. Ordinance Amending Various Sections of Chapter 8.60 and Adding Section

8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code Relating to Fireworks (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California introduce, read by title only, and waive further reading of Ordinance No.

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

Mayor Valdivia opened the Public Hearing at 10:41 p.m.

Management Analyst Karlyn McCloskey presented an overview of the ordinance.

At this time, one public comment was heard:

Harry Hatch, San Bernardino, stated that this ordinance only reinforces the ability of the police department to make fireworks enforcement more adequate, and to provide a greater revenue source.

The Public Hearing was closed at 10:47 p.m.

RESULT: INTRODUCED ORDINANCE NO. MC-1578 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

10. Ordinance Adopting Police Department Policy 705 (Military Equipment Policy) in Accordance with Assembly Bill 481 (All Wards)
Recommendation
Introduce, Read By Title Only, and Waive Further Reading of Ordinance No. MC1579 of the Mayor and City Council of the City of San Bernardino, California, adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481.

Mayor Valdivia opened the public hearing at 10:48 PM.

Interim Police Chief David Green presented a staff report.

There were no public comments on this item.

Mayor Valdivia closed the public hearing at 10:57 PM.

Packet Page. 413
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Mayor and City Council of the City of San Bernardino Page 8 RESULT: INTRODUCED ORDINANCE NO. MC-1579 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

11. Continue the Public Hearing on the Vacation of a Portion of “I” Street Between Spruce Street and Olive Street, and a Portion of “J” Street at Its Intersection with 17Th Street and 21St Street and Reservation of Utilities Therein Until May 18, 2022 at 7:00 P.M. (Ward 3)
Recommendation
It is recommended that the Mayor and City Council continue the public hearing on the Vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street and reservation of utilities therein until May 18, 2022, at 7:00 p.m.

Deputy Director of Public Works Alex Qishta requested that the public hearing be continued to the next regular meeting of the Mayor and City Council.

RESULT: CONTINUED THE PUBLIC HEARING TO THE MAY 18, 2022 MAYOR AND CITY COUNCIL MEETING [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

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

City Manager Field announced that there was a correction needed for Item No. 16.

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 18 FOR DISCUSSION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

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

1. February 16, 2022, Draft Regular Meeting Minutes
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Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 9

2. March 2, 2022, Draft Regular Meeting Minutes

3. March 16, 2022, Draft Regular Meeting Minutes

4. March 31, 2022, Draft Special Meeting Minutes
RESULT: APPROVED MEETING MINUTES [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

13. Approval of Spanish Interpretation Services, Equipment, and Closed Captioning Software (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute a Professional Services Agreement with Cal Interpreting Services, Inc., for Spanish interpretation and translation services through January 21, 2024 in an amount not to exceed $30,000.00 annually.

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

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

RESULT: APPROVED AGREEMENT AND PURCHASES [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

14. Adopt Ordinance No. MC-1575 (Student Film-Making Activities Permit Fee Waiver) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

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

2. Adopt a Student Filmmaking Activities Special Events Permit Fee Policy Packet Page. 415
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 10 RESULT: ADOPTED ORDINANCE NO. MC-1575 AND FEE POLICY [6-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

15. California for All Animals Welcome Grant Award (All Wards) Recommendation
Adopt Resolution No 2022-75 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting a grant award in the amount of $5,000 from UC Davis for animal shelter programs; and

2. Authorizing the City Manager to conduct all negotiations signings and submittals of all necessary documents to receive the grant award; and

3. Authorizing the Director of Finance to amend the FY 2021/22 Budget to appropriate $5,000 of the grant funding for animal shelter programs and services.

RESULT: ADOPTED RESOLUTION NO. 2022-75 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

16. Adopt Ordinance No. MC-1574 (Public Hearing Notification) (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1574 adopting Development Code Amendment 21-04 amending Chapter 19.52 (Hearings and Appeals) of Title 19 (Development Code) of the City of San Bernardino Municipal Code updating the public hearing notification requirements for discretionary land use entitlement applications.

City Manager Rob Field stated that Section 4.3 of the Ordinance indicates “…greater than 1,000 feet”, but the word ‘feet’ shall be removed, to indicate notification of the public hearing to greater than 1,000 (people).

RESULT: ADOPTED ORDINANCE NO. MC-1574 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa
Packet Page. 416
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 11

17. Adopt Ordinance No. MC-1576 (Property Maintenance Code) (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance MC-1576 of the Mayor and City Council of the City of San Bernardino, California, adding Section 15.05.300 (Vacant Building Board-Up Standards) to Chapter 15.05 (Property Maintenance Code) of Title 15 (Buildings and Construction) of the City of San Bernardino Municipal Code; and finding the action exempt under the California Environmental Quality Act.

RESULT: ADOPTED ORDINANCE NO. MC-1576 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

18. Amendment No. 2 to the ESG-CV2 Subrecipient Agreement with Lutheran Social Services of Southern California (All Wards)
Recommendation
It is recommended that the Mayor and the City Council for the City of San Bernardino, California,

1. Authorize the City Manager to execute the Second Amendment to the ESG-CV2 Subrecipient Agreement between the City of San Bernardino and the Lutheran Social Services; and

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

Council Member Ibarra made a motion to continue the item to Discussion at the next regular Mayor and City Council Meeting with a complete staff report that details what the ESG-CV2 contract funds will be used for.

RESULT: DIRECTED STAFF TO CONTINUE THE ITEM TO MAY 18th, 2022 AS A DISCUSSION CALENDAR ITEM [4 - 2]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Calvin
NAYS: Ben Reynoso, Damon L Alexander
ABSENT: Juan Figueroa
Packet Page. 417
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 12

19. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for March and April 2022.

RESULT: APPROVED DISBURSEMENTS [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

20. Adopt Ordinance No. MC-1568 (Budget Transfers) (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1568, amending section 3.05 of the Municipal Code.

RESULT: ADOPTED ORDINANCE NO. MC-1568 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

21. Resolution to Increase the Fleet Services Fund (All Wards) Recommendation
Adopt Resolution 2022-76 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to amend the Fiscal Year 2021/22 Adopted Operating Budget by appropriating funds in the amount of $500,000 from the General Fund to the Fleet Services Fund.

RESULT: ADOPTED RESOLUTION NO. 2022-76 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa
Packet Page. 418
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 13

22. Agreement with Client First Consulting for a Software Needs Assessment (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Client First Consulting for a software needs assessment and Enterprise Resource Planning (ERP) consulting services for a total cost of $780,510.

RESULT: APPROVED AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

23. Adopt a Resolution Ratifying Administrative Budget Transfers from December 2021 to April 2022
Recommendation
Adopt Resolution No. 2022-77 of the Mayor and City Council of the City of San Bernardino, California, Ratifying Administrative Budget Transfers from December 2021 to April 2022.

RESULT: ADOPTED RESOLUTION NO. 2022-77 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

24. Library Internet Service Agreement - Califa Group, Inc. (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Director of Finance to increase a purchase order with Califa by $16,000 to an amount not to exceed $52,000 for Fiscal Year 2021/22.

RESULT: APPROVED SERVICE AGREEMENT [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa
Packet Page. 419
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 14

25. RSVP Grant Year 1 of 3 (All Wards)
Recommendation
Adopt Resolution No. 2022-78 of the Mayor and City Council of the City of San Bernardino, California approving the ratification of the submission of a continuation grant application for Year One of a 3-Year grant with the Corporation for National and Community Service’s Retired and Senior Volunteer Program; accepting the Grant Award in the amount of $54,809; and appropriating the Grant Funds for the Period of April 1, 2022, through March 31, 2023.

RESULT: ADOPTED RESOLUTION NO. 2022-78 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

26. Parks and Recreation Youth Enrichment Scholarship (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the proposed San Bernardino Parks and Recreation Youth Enrichment Scholarship (YES); and authorize the Director of Finance to allocate $10,000 of Measure S funds to the program operations.

RESULT: APPROVED THE SCHOLARSHIP [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

27. Camera Trailer Purchase (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Director of Finance to issue a purchase order to Industrial Video and Control for an amount not to exceed $55,000.

RESULT: APPROVED THE PURCHASE ORDER [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa
Packet Page. 420
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 15

28. Adopt Ordinance MC-1573, Amending Ordinance MC-1522 and Levying Special Taxes - CFD 2019 - 1 Annexation No. 11 (Ward 3) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance MC-1573 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2022/23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

RESULT: ADOPTED ORDINANCE NO. MC-1573 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

29. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services) Annexation No. 19, Tax Zone No. 20 (Rally’s) (Ward 4)
Recommendation
Adopt Resolution No. 2022-79, of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 19) and authorizing the levy of special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2022-79 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

30. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 23, Tax Zone No. 24 (Starbucks) (Ward 7)
Recommendation
Adopt Resolution No. 2022-80 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 23) and authorizing the levy of a special taxes therein.

Packet Page. 421
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 16 RESULT: ADOPTED RESOLUTION NO. 2022-80 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

31. Approve Final Tract Map No. 17329-2 (Ward 5)
Recommendation
Adopt Resolution No. 2022-81 of the Mayor and City Council of the City of San Bernardino, California, approving Final Map for Tract No. 17329-2 (Subdivision 05- 40) involving the subdivision of a project site containing approximately 11.394 acres into 29 single-family residential lots located north of Ohio Avenue, and east of Little League Drive, accepting the public dedications as set forth on said map; and authorizing the City Manager to execute the standard form of agreement for the subdivision improvements.

RESULT: ADOPTED RESOLUTION NO. 2022-81 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

32. Construction Contract Award – Construction Connector Pipe Screen Total Maximum Daily Loads (TMDLs) – Track 1 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of a construction contract with United Storm Water, Inc., in the amount of $149,697 to provide construction of a Connector Pipe Screen Total Maximum Daily Loads (TMDLs) Track 1; and

2. Authorize the construction of the project, construction contingencies and inspection costs in an amount not to exceed $182,000 for the Connector Pipe Screen TMDLs- Track 1 Project; and

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

Packet Page. 422
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 17 RESULT: APPROVED THE CONTRACT [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

33. San Bernardino County Municipal Separate Storm Sewer System - National Pollution Discharge Elimination System (NPDES) Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees (All Wards) Recommendation
Adopt Resolution No. 2022-82 of the Mayor and City Council of the City of San Bernardino, California, approving the San Bernardino County Municipal Separate Storm Sewer System - National Pollution Discharge Elimination System (NPDES) Common Interest, Joint Defense, and Confidentiality Agreement among Permittees; and authorizing the City Manager or designee to execute all documents on behalf of the City.

RESULT: ADOPTED RESOLUTION NO. 2022-82 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

34. Approving Amendment No. 1 to Cooperative Agreement No. 19-1002205 with the San Bernardino County Transportation Commission (Authority) for the I215/University Parkway Interchange Project (SS04-019) (Wards 5, 6) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to Cooperative Agreement No. 19-1002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04-019).

RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa
Packet Page. 423
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 18

35. Adopt Ordinance MC-1574A, Amending Ordinance MC-1522, and Levying Special Taxes - CFD 2019 - 1 Annexation No. 13 (Ward 3) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance MC-1574A, amending Ordinance MC-1522, and levying special taxes to be collected during Fiscal Year 2022/23 to pay annual costs for maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

RESULT: ADOPTED ORDINANCE NO. MC-1574A [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

36. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 15, Tax Zone No. 16 (5TH & G) (Ward 1)
Recommendation
Adopt Resolution No. 2022-83 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 15) and authorizing the levy of a special taxes therein, and rescinding Resolution No. 2022-51.

RESULT: ADOPTED RESOLUTION NO. 2022-83 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

37. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 20, Tax Zone No. 21 (Little Caesars) (Ward 7)
Recommendation
Adopt Resolution No. 2022-84 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 20), and authorizing the levy of a special taxes therein.

Packet Page. 424
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 19 RESULT: ADOPTED RESOLUTION NO. 2022-84 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

38. Adopt Ordinance No. MC-1577, Amending Ordinance No. MC-1522, and Levying Special Taxes - CFD 2019 - 1 Annexation No. 12 (Ward 3) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1577, amending Ordinance No. MC-1522, and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs for maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

RESULT: ADOPTED ORDINANCE NO. MC-1577 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

39. Construction Contract Award – Sierra Way Pavement Rehabilitation Project Between Third Street and Thirtieth Street (Wards 1, 2, 7) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-85:

1. Approving the award of a construction contract with I.E. General Engineering, Inc. in the amount of $2,093,700 to provide Sierra Way pavement rehabilitation services; and

2. Authorizing the Director of Finance to amend the FY 2021/22 Capital Improvement Plan Budget in the Measure I fund to allocate an additional $1,057,397 to the Sierra Way pavement rehabilitation project; and

3. Authorizing construction, construction contingencies and inspection costs in the total amount of $2,500,000 for the Sierra Way pavement rehabilitation project; and

4. Authorizing the City Manager or designee, to execute all documents for the construction of Sierra Way pavement rehabilitation project with I.E. General Engineering, Inc.; and

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

Packet Page. 425
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 20 RESULT: APPROVED CONTRACT [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

40. Approve Final Tract Map No. 17329-3 (Ward 5)
Recommendation
Adopt Resolution No. 2022-86 of the Mayor and City Council of the City of San Bernardino, California, approving the Final Map for Tract No. 17329-3 (Subdivision 05-40) involving the subdivision of a project site containing approximately 7.637 acres into 17 single-family residential lots located north of Ohio Avenue, and east of Little League Drive, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of the subdivision improvements.

RESULT: ADOPTED RESOLUTION NO. 2022-86 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

41. Resolution Accepting the TDA Article 3 Transit Stop Access Grant (Wards 3,5,7)
Recommendation
Adopt Resolution 2022-87 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting the Transportation Development Act (TDA), Article 3 Grant Funds, for the Transit Stop Access Program in the amount of $50,800 with a Local Match of $10,200 from Measure I funds (Fund 129) totaling $61,000; and

2. Authorizing the Director of Finance to amend the Fiscal Year 2021/22 Capital Improvement Plan (CIP) to include the Citywide Bus Stop Improvements Project.

RESULT: ACCEPTED GRANT AND AMENDED FY 2021/2022 CIP [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa
Packet Page. 426
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 21

42. Resolution Declaring Intention to Levy and Collect Assessments for Previously Formed Assessment Districts - Fiscal Year 2022/23 (All Wards) Recommendation
It is recommended that the Mayor and City Council, of the City of San Bernardino, California:

1. Adopt Resolution No. 2022-88, Declaring Intention to Levy and Collect assessments within assessment districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1,2 and 2A), 952 (Zone 3), 953, 956,959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2022-23, approving the Engineer Report and providing notice of time and place of hearing on proposed assessments;

2. Adopt Resolution No. 2022-89, Declaring Intention to Levy and Collect Assessment District No. 1022 and Zones 1, 2 and 3 for Fiscal Year 2022-23, approving the Engineer Report and providing notice of time and place of hearing on proposed assessments;

3. Adopt Resolution No. 2022-90, Declaring Intention to Levy and Collect Assessment District Nos. 1017,1019,1020,1023, and 1024 for Fiscal Year 2022- 23, approving the Engineer Report and providing notice of time and place of hearing on proposed assessments;

4. Adopt Resolution No. 2022-91, Declaring Intention to Levy and Collect Assessment District Nos. 1025 and 1027 for Fiscal Year 2022-23, approving the Engineer Report and providing notice of time and place of hearing on proposed assessments; and

5. Adopt Resolution No. 2022-92, Declaring Intention to Levy and Collect Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064, and 1068 for Fiscal Year 2022-23, approving the Engineer Report and providing notice of time and place of hearing on proposed assessments.

RESULT: ADOPTED RESOLUTIONS NO. 2022-88, 2022-89, 2022-90, 2022- 91, AND 2022-92 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa
Packet Page. 427
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 22

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

43. A Sunshine Public Development Meeting Requirement (All Wards) (Council Member Alexander)
City Attorney Carvalho clarified the purpose and meaning of a “sunshine” public meeting requirement.

Council Member Reynoso made a motion to approve the item for future consideration.

Council Member Sanchez made an alternate motion to deny the request, stating that the City already has such a requirement in place. This motion was seconded by Council Member Shorett.

RESULT: ALTERNATE MOTION TO DENY REQUEST FOR
CONSIDERATION AT A FUTURE MEETING [FAILED 2 - 4]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Shorett
NOES: Ibarra, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
The original motion to approve the item for consideration at a future meeting was then considered.

RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [4-2] MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Ibarra, Reynoso, Calvin, Alexander
NOES: Sanchez, Shorett
ABSENT: Juan Figueroa

44. Consideration of a Minimum Wage Increase Within the City of San Bernardino through a Municipal Code Update (All Wards) (Council Member Reynoso) Council Member Reynoso motioned to approve the item, seconded by Council Member Calvin.

A substitute motion was made by Council Member Sanchez, seconded by Council Member Ibarra, to direct staff to bring back a full report analysis on the consideration of a minimum wage increase in the City of San Bernardino prior to considering a Municipal Code update.

Packet Page. 428
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 23 RESULT: APPROVED SUBSTITUTE MOTION AND DIRECTED STAFF TO

DIRECT STAFF TO BRING BACK A FULL REPORT ANALYSIS

ON THE CONSIDERATION OF A MINIMUM WAGE INCREASE IN

THE CITY OF SAN BERNARDINO PRIOR TO CONSIDERING A
MUNICIPAL CODE UPDATE [4-2]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Alexander
NOES: Reynoso, Calvin
ABSENT: Juan Figueroa
At this time, Council Member Calvin informed that she wanted to reconsider her vote on Item No. 16 from the April 6th, 2022 Mayor and City Council Meeting - Amendment to Stream, Kim, Hicks, Wrage & Alfaro Legal Service Agreement Re: Miller II.

Mayor Valdivia clarified that the motion would need to be made to reconsider the item at a future meeting. Council Member Calvin made said motion, which was seconded by Council Member Reynoso. City Attorney Carvalho confirmed that the motion to reconsider is the proper way to change one’s vote on a previous meeting item.

Council Member Ibarra announced that she would be recusing herself from this vote due to a conflict (being named a defendant in the applicable lawsuit).

RESULT: APPROVED MOTION TO PLACE THE ITEM “AMENDMENT TO

STREAM, KIM, HICKS, WRAGE & ALFARO LEGAL SERVICE
AGREEMENT RE: MILLER II” ON THE MAY 18TH AGENDA FOR
RECONSIDERATION [3-2]
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Reynoso, Calvin, Alexander
NOES: Sanchez, Shorett
ABSENT: Juan Figueroa
RECUSED: Sandra Ibarra

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday May 4, 2022, at 11:21 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, May 18, 2022, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC
Packet Page. 429
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

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

BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR

AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING

AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

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

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

AUTHORITY
WEDNESDAY, JUNE 1, 2022
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:31 PM by Mayor Valdivia on Wednesday, June 1, 2022, via Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present 5:44 PM
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Absent
Kimberly Calvin Council Member, Ward 6 Present
Damon L. Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Packet Page. 430
Regular Meeting Minutes June 1, 2022
Mayor and City Council of the City of San Bernardino Page 2

CLOSED SESSION PUBLIC COMMENT
Amanda Maldonado-Arroyo, San Bernardino, requested that the Mayor and City Council act with urgency regarding the Downtown San Bernardino revitalization. She asked that updates be shared with the community and residents.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
a. Elmira Balasanyan v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS2012677
b. Carlos Torres v. City of San Bernardino, et al, United States District Court Case No. 5:21-cv-00454
c. Antonio Rincon, et al. v. Brett Keil, et al., San Bernardino Superior Court Case No. CIVDS2015071
(CAO/RISK)

B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)):
(One) Item
(RISK)
C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager
Employee Organizations: San Bernardino Police Management Association (HR)

D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: Portions of Seccombe Lake Park; Assessor Parcel No.’s: 1191-021-10, 1191-021-11 to 69, 1191-041-17
to 22, and 1191-041-25 to 32.

City Negotiator: Robert D. Field
Negotiating Party: Joseph Rich, Rich Development Company Under Negotiation: Price and Terms of Exclusive Negotiating Agreement Property: Carousel Mall Property, 43 acres
Agency Negotiator: Robert D. Field, City Manager, or designee Negotiating Parties: Renaissance Downtown USA/ICO Real Estate Group
Under Negotiation: Price and Terms
(CM/CED)
7:00 P.M.

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INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Robert D. Young from San Bernardino Pastors United led the invocation. City Manager Rob Field led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho advised that there was no reportable action from Closed Session.

CITY MANAGER UPDATE
At this time, City Manager Rob Field provided city-wide updates to the community and the Mayor and City Council. Important topics included Memorial Day celebrations, upcoming Juneteenth events, and Code Enforcement activities.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included the 5k Run, the upcoming Primary Election, and job openings with the City.

Council Member Calvin attended the Innovating Commerce Serving Communities Conference. Council Member Alexander Met with the Attorney General Rob Bonta during his visit to San Bernardino Valley College.

PRESENTATIONS

1. San Bernardino Area Chamber of Commerce (SBACC) Presentation from Colin Strange (All Wards)
SBACC Board Member Lesley Stevens provided updates regarding upcoming community events.

2. Citizens of the Month - Olivia and Frederick Wilson May 2022 (Ward 6) Council Member Calvin recognized the Wilson family as Citizens of the Month.

3. Diamond Divergent Ramp Project Presentation (All Wards) Paul Melocoton from the San Bernardino County Transportation Authority gave a presentation regarding the proposed interchange at Interstate 215 and University Parkway.

4. Proclamation for Fatherhood Awareness Month - June 2022 (All Wards) Mayor Valdivia presented a proclamation to members of San Bernardino Fatherhood honoring Fatherhood Awareness Month.

5. Certificate of Recognition for the Inland Empire Black Worker Center (IEBWC) (All Wards)
Mayor Valdivia presented a Certificate of Recognition to members of the IEBWC.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Jim Mulvihill asked the Mayor and City Council to reconsider funding for the General Plan community outreach consultant.

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Mayor and City Council of the City of San Bernardino Page 4 Rabbi Hillel Cohn, Charter Review Committee Member, spoke in support of ranked choice voting. He asked the Mayor and City Council to take the committee’s recommendations seriously.

Treasure Ortiz spoke in support of the Violence Intervention Program. She also stated that she is running for Mayor.

Gregory Taylor spoke in support of Treasure Ortiz for Mayor.

Mike Hartley, 7th Ward Resident, stated that the City needs a stronger Code Enforcement department.

Vania Ramirez, Community Organizer with Mental Health Systems, spoke in support of the San Bernardino Coalition for Change. She asked that the Council meet with the coalition regarding a shooting at an unlicensed tobacco retailer.

Josiah Burni, CEO of Music Changing Lives, also spoke about the shooting at the unlawful tobacco retailer.

Jim Penman stated that the affordable housing crisis in the City needs to be addressed.

Kristopher Gonzalez asked for support for the Downtown Art Walk. He asked for more enforcement of transient activity in downtown.

David Friedman, Property and Business Owner, spoke in support of demolishing the Carousel Mall. He would like downtown to be revitalized.

James Albert, 7th Ward Resident, supports the Mayor and City Council discussing Ranked Choice Voting.

Christian Shaughnessy also spoke in support of Ranked Choice Voting.

Lisette Ochoa spoke in opposition to the Burlington Northern Santa Fe (BSNF) railyard expansion.

Rosanna Savala spoke in opposition to the new Dollar General in the 7th Ward. She stated that she lives in the neighborhood and was not notified of the development.

Phil Savage, Charter Review Committee Member, informed about the importance of Ranked Choice Voting.

Tawnya Rhoades-Hensley announced upcoming activities with the Assistance League and the Rotary Club.

LaWanda Rangel spoke in support of Jim Penman for Mayor.

Dolores Armstead asked for more staff support for the Council Members. She also asked for information regarding housing developments and an update.

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Mayor and City Council of the City of San Bernardino Page 5 L’Rea Robinson, 2nd Ward Resident, stated that she has never seen Council Member Ibarra in the 2nd Ward. She wants to know what the Council Members are doing for crime and poverty.

Joey Rosales announced the “Blair Summer Sesh” community event. He requested more City funding for this event.

Alyssa Payne, Write-in 2nd Ward Council Candidate, voiced concerns about the conditions of buildings and streets in the City and asked for Council Members to be accountable.
“Jocelyn”, Renters United in Solidarity, Inc., spoke in support of the eviction moratorium and tenant rights.

Deborah Harman, Renters United in Solidarity, Inc., also spoke in support of the eviction moratorium and tenant rights.

Phil Courtney, Citizens for Electoral Reform, said that Ranked Choice Voting would be beneficial to the City.

Robert Porter, I Love San Bernardino, encouraged people to vote in the upcoming election.

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

Jody Eisenberg, Vice President of the San Bernardino Area League of Women Voters, spoke in support of Ranked Choice Voting.

Wendy Whitaker, 7th Ward Resident, announced that she is in favor of Ranked Choice Voting.

DISCUSSION

6. Youth Civic Engagement Council (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review the proposed conceptual framework for a City of San Bernardino Youth Council and provide staff feedback.

Council Member Sanchez recommended that City staff partner with the School District for staff, resource, and financial support for this project. Council Member Ibarra suggested that students may come visit by scheduling an appointment with a Council Member. Council Member Sanchez stated that he would amend his motion to reflect that change.

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Mayor and City Council of the City of San Bernardino Page 6 RESULT: DIRECTED STAFF TO PARTNER WITH THE SCHOOL DISTRICT

TO DEVELOP A PROGRAM THAT WOULD ALLOW STUDENTS
TO “SHADOW” MEMBERS OF THE CITY COUNCIL AND CITY
STAFF [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

7. Approval of the Fiscal Year 2023 & Fiscal Year 2024 Operating Budget and Capital Improvement Program 2023-2027
Recommendation
Adopt Resolution No. 2022-102 of the Mayor and City Council of the City of San Bernardino, California, approving the City of San Bernardino's Biennial Operating Budget, and adopting annual budgets for Fiscal Year 2023 and Fiscal Year 2024 and the 2023-2027 Capital Improvement Program and establishing the City's Appropriations Limit as required by Article XII of the California State Constitution.

RESULT: ADOPTED RESOLUTION NO. 2022-102 [6-0]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

PUBLIC HEARINGS

8. Resolution Approving Street Vacation of a Portion of I Street (Ward 3) Recommendation
Adopt Resolution 2022-103 of the Mayor and City Council of the City of San Bernardino, California, certifying the Final Environmental Impact Report (State Clearinghouse No. 2021030193), adopting the findings of fact and Mitigation Monitoring and Reporting Program under the California Environmental Quality Act, and approving the vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street and reservation of utilities therein.

Mayor Valdivia opened the public hearing at 9:59 p.m. Deputy Director of Public Works/City Engineer Alex Qishta provided a staff report to the Mayor and City Council.

At this time, the following public speakers were heard:

Jim Penman, representative for residents of this area, said that he had previously discussed his view with the Planning Commission. He asked for the Mayor and City Council to ensure that residents’ concerns were addressed regarding this project.

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Mayor and City Council of the City of San Bernardino Page 7 Mark Mendoza stated that he appreciates City and Burlington Northern Santa Fe (BNSF) staff keeping him informed of the status of the project.

Raul Raya, Owner of Ibarra’s Market, showed concern for the project attracting more transient people.

Josh Dodie expressed appreciation for the communication from BNSF and the commission.

Alicia Aguayo, 1st Ward Resident, shared that she believes this project will be detrimental to the health of residents.
“Bernard” spoke about the loud volume of the train traffic already in the area, and concern that this project would contribute to it.

City Clerk Genoveva Rocha announced that staff had received three written protests for this hearing.

At this time, the following remote speaker was heard via Zoom:
“Gabby”, West Side Resident, spoke in opposition to this item.

City Attorney Sonia Carvalho informed the public, Mayor and City Council, and staff that she recommends that the item be approved with allowance of an agreement between the City and BNSF regarding details of the street vacation and subsequent improvements, or that the item be brought back at a later date.

BNSF provided a presentation and answered questions from the Mayor and City Council.

The public hearing was closed at 11:24 p.m.

RESULT: APPROVED RESOLUTION NO. 2022-103 WITH THE CONDITION

THAT STAFF NEGOTIATE THE DETAILS OF THE PROJECT
WITH BURLINGTON NORTHERN SANTA FE (BNSF) [4 TO 1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Alexander
NAYS: Kimberly Calvin
ABSTAIN: Sandra Ibarra
ABSENT: Ben Reynoso

9. Public Hearing on Annexation No. 14 to Community Facilities District 2019-1 (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

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1. Hold a Public Hearing;

2. Adopt Resolution No. 2022-104 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 14);

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

4. Adopt Resolution No. 2022-105 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 14);

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1581 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1581 for June 15, 2022.

Mayor Valdivia opened the public hearing at 11:23 p.m.

There were no written comments or requests to speak.

The public hearing was closed at 11:24 p.m.

RESULT: ADOPTED RESOLUTION NO. 2022-104 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
RESULT: ADOPTED RESOLUTION NO. 2022-105 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
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Mayor and City Council of the City of San Bernardino Page 9 RESULT: INTRODUCED FOR FIRST READING ORDINANCE MC-1581 [6-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

10. Public Hearing on Annexation No. 17 to Community Facilities District 2019-1 (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing;

2. Adopt Resolution No. 2022-106 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 17);

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

4. Adopt Resolution No. 2022-107 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 17);

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1582 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1582 for June 15, 2022.

Mayor Valdivia opened the public hearing at 11:27 p.m.

City staff requested that the public hearing be continued to Wednesday, July 20, 2022.

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Mayor and City Council of the City of San Bernardino Page 10 RESULT: CONTINUED TO JULY 20, 2022 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

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

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS 11, 12, 21, and 22 FOR FURTHER DISCUSSION
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Calvin, Alexander
ABSENT: Ben Reynoso

11. Violence Intervention Program Contract Amendments (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to amend Professional Services Agreements with Hope Culture (dba of Victory Outreach) and Young Visionaries Youth Leadership Academy by increasing the amount of each agreement by $250,000, and approve new Professional Service Agreement with Operation New Hope for $250,000 for a total of $750,000 of American Rescue Plan Act funds.

Council Member Ibarra made a motion to bring back this item at a later date and include the other proposals that were submitted. There was no support for the motion.

RESULT: APPROVED SERVICE AGREEMENTS [5 - 0]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander
ABSTAIN: Sandra Ibarra
ABSENT: Ben Reynoso

12. Exclusive Negotiating Agreement (ENA) with the Richman Group, LLC for a 4- Acre Portion of Seccombe Lake Park (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and The Richman Group, LLC (“Richman”) for the development of a 4-acre portion of Seccombe Lake Park at the northwest corner of Sierra Way and 7th Street; and determine that the ENA is categorically exempt from the California Environmental Quality Act (“CEQA”).

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Mayor and City Council of the City of San Bernardino Page 11 Council Member Ibarra requested that this item be brought back at a later date with more details regarding the development. There was no support for the motion.

RESULT: APPROVED THE AGREEMENT [5 - 1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander
NAYS: Sandra Ibarra
ABSENT: Ben Reynoso

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

RESULT: ACEPTED THE INVESTMENT REPORT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

14. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for May 2022.

RESULT: APPROVED DISBURSEMENTS [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

15. Library Internet Service Agreement with Columbia Telecommunications Corporation (All Wards)
Recommendation
It is recommended the Mayor and City Council of the City of San Bernardino, California, authorize the Library Director to execute an agreement between San Bernardino Public Library (SBPL) and Columbia Telecommunications Corporation (CTC) for the provision, installation and maintenance of advanced network (data) services; and authorize the Director of Finance to approve a Fiscal Year 2022/23 purchase order in an amount not to exceed $64,000.

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Mayor and City Council of the City of San Bernardino Page 12 RESULT: APPROVED AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

16. Approve the Visual, Performing and Literary Art Grant (All Wards) Recommendation
Adopt Resolution No. 2022-108 of the Mayor and City Council of the City of San Bernardino, California, for the allocation of $100,000 from the Cultural Development Impact Fund to provide opportunities for local artists groups, organizations, and individuals to enhance art services and programs throughout the City of San Bernardino.

RESULT: ADOPTED RESOLUTION NO. 2022-108 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

17. Amendment No. 3 to Agreement with Engineering Resources of Southern California (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute all documents in support of Amendment No. 3 to the Professional Engineering Services Agreement with Engineering Resources of Southern California (ERSC) for design services related to the State Street extension from Baseline Street to 16th Street.

RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

18. Amendment No. 1 to the Professional Services Agreement with Spicer Consulting Group (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Spicer Consulting Group (SCG); and authorize the Director of Finance to increase the purchase order to an amount notto-exceed $541,018 for as-needed consulting services related to Maintenance Assessment District Administration and the formation/annexation of Community Packet Page. 441
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Mayor and City Council of the City of San Bernardino Page 13 Facilities Districts and Assessment Districts; and exercise the City’s first twelve (12) month extension option, extending the term of the Professional Services Agreement through June 30, 2023.

RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

19. Adopt Ordinance MC-1580, Amending Ordinance MC-1522 and Levying Special Taxes - CFD 2019 - 1 Annexation No. 16 (Belmont) (Ward 5) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance MC-1580 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

RESULT: ADOPTED ORDINANCE NO. MC-1580 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

20. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 22, Tax Zone No. 23 (1300 E Highland) (Ward 7)
Recommendation
Adopt Resolution No. 2022-109 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 22) and authorizing the levy of special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2022-109 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
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21. Agreement with Parkwood Landscape Maintenance, Inc. for Landscape Maintenance and Overseeding at (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute a Maintenance Services Agreement with Parkwood Landscape Maintenance, Inc., for landscape maintenance and grass turf overseeding at all City parks, greenways, and recreation corridors; and

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

Mayor Pro-Tem Figueroa pulled the item to ask questions about the project. City Attorney Carvalho suggested that the item be continued to a later date to allow staff time to prepare their response. Council Member Shorett made a motion to continue the item to the next regular meeting.

RESULT: CONTINUED THE ITEM TO JUNE 15, 2022 FOR FURTHER DISCUSSION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

22. Resolution Adopting List of Projects and SB1 2022/2023 Road Maintenance Program (Wards 1,6,7)
Recommendation
Adopt Resolution No. 2022-110 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission; and

2. Adopting a list of projects for Fiscal Year 2022/23 to be funded by Senate Bill 1:

Road Repair and Accountability Act of 2017.

Mayor Pro-Tem Figueroa pulled this item for further discussion of how the list of road projects is created. Council Member Sanchez asked that future items of this type provide more details about what is being worked on and why.

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Mayor and City Council of the City of San Bernardino Page 15 RESULT: ADOPTED RESOLUTION NO. 2022-110 [6-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

23. Ranked Choice Voting Presentation (All Wards)- Council Member Ibarra Council Member Ibarra asked that the League of Women Voters be allowed to make a presentation regarding Ranked Choice Voting. Council Member Sanchez informed that the presentation should be impartial and provided by City staff.

RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [5-1] MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Calvin, Alexander
NOES: Juan Figueroa
ABSENT: Ben Reynoso

24. Funding for Summer Skate Session at Blair Park - Summer 2022 (All Wards) - Council Member Reynoso
Council Member Sanchez requested that the item brought back to consider funding for all three City skate parks.

RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

25. Demolition of the Carousel Mall (All Wards) - Mayor Valdivia Mayor Pro-Tem Figueroa motioned for the demolition of the Carousel Mall to be considered at a future meeting. The motion did not receive support.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Thursday June 2, 2022 at 12:04 a.m. The meeting adjourned in memory of Beverly Earl.

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Mayor and City Council of the City of San Bernardino Page 16 The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, June 15, 2022, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT Minutes

FOR THE

SPECIAL AND REGULAR MEETINGS OF THE MAYOR AND CITY COUNCIL

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

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

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

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

AUTHORITY
WEDNESDAY, JANUARY 17, 2024
5:00 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:06 PM by Mayor Helen Tran on Wednesday, January 17, 2024, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles Montoya City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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Mayor and City Council of the City of San Bernardino Page 2

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Robert D. Young from SB Pastors United led the invocation and Jayson Montoya from Cole Elementary School led the Pledge of Allegiance to the Flag.

PRESENTATIONS

1. Proclamation for Jayden Daniels Day in the City of San Bernardino – January 20, 2024 (All Wards)
Mayor Tran announced that the Proclamation would be presented to Mr. Daniels on Saturday, January 20th, 2024, after the Homecoming Parade at Cajon High School.

2. San Bernardino County Fire Protection District FP­5 Presentation San Bernardino County Fire Protection District Chief Dan Munsey gave a presentation regarding FP-5, which is a tax assessment that funds fire, rescue, and EMS services for San Bernardino County. He stated that Measure W will be on the ballot in March 2024, and if it is approved then FP-5 will be repealed, and services will suffer.

PUBLIC COMMENT FOR ITEMS ON THE SPECIAL MEETING AGENDA ONLY Selina M., Anna Candray, Debbie Kaufman, Diane Watern, Rose Ward, Sharon Negrete, Georgia Lykouretzos, Lydia Savala, and E. Negrete all spoke in opposition to Item 3, the removal of Sharon Negrete from the Animal Control Commission. They requested that the item be denied.

David Freidman spoke regarding Item 33, the 4th Street Alley project. He asked that the City come up with the funds or negotiate with the contractor.

Eric Servin also commented regarding Item 33. He stated that he is a business owner Downtown and supports the 4th Street project.

Alejandro Gutierrez, Executive Director of Arts Connection, also supported Item 33, and would like to see the project completed.

James Grigoli commented in support of the County Fire Department and Chief Munsey.

He asked people to vote No on Measure W.

CITY MANAGER UPDATE
Public Information Officer Jeff Kraus provided city-wide updates. Highlights included Police Department and Animal Services yearly department statistics, Lynn Merrill being appointed Public Works Director, and Mary Lanier leaving her position as Interim CED Director.

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APPOINTMENTS

3. Animal Control Commission Removal
RESULT: APPROVED THE REMOVAL OF SHARON NEGRETE FROM THE ANIMAL CONTROL COMMISSION [5-3]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Mayor Tran
NOES: Sandra Ibarra, Kimberly Calvin, Damon Alexander

4. Elected Official Compensation Advisory Board of Gil Botello (Ward 3 Appointment)
RESULT: APPROVED [5-3]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Alexander, Mayor Tran NOES: Sandra Ibarra, Ben Reynoso, Kimberly Calvin

5. Personnel Commission Appointment of Reginald L. Woods (Mayor’s Appointment)
RESULT: APPROVED [8-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Ben Reynoso Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Tran

6. Personnel Commission Appointment of Leticia O. Briggs (Mayor’s Appointment)
RESULT: APPROVED [8-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Tran

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

City manager Charles Montoya announced that staff would be pulling item No. 21 from the Agenda.

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Mayor and City Council of the City of San Bernardino Page 4 RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS
NO.19, NO. 33, AND NO. 39 FOR A SEPARATE VOTE [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

7. California for All Animals Grant Award
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­001:

1. Accepting a grant award in the amount of $125,000 from UC Davis for animal services programs; and

2. Authorizing the City Manager to conduct all negotiations, signings, and submittals of all necessary documents to receive the grant award; and

3. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 Budget to appropriate $125,000 of the grant funding in both revenues and expenditures for animal shelter programs and services.

RESULT: ADOPTED RESOLUTION NO. 2024-001 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

8. Accept Donation Funds from Stater Bros. Charities
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­002:

1. Accepting a donation in the amount of $7,000 from Stater Bros. Charities; and

2. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 budget in both revenues and expenses and appropriate $7,000 to be used towards animal shelter programs and services.

RESULT: ADOPTED RESOLUTION NO. 2024-002 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

9. Irrevocable Agreement to Annex No. 2024­375 (Ward 5) Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024­003 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 1199 West 41st Street, San Bernardino, California, within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

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Mayor and City Council of the City of San Bernardino Page 5 RESULT: ADOPTED RESOLUTION NO. 2024-003 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

10. Resolution Declaring Intent to Conduct a Public Hearing to Order Street Vacation (15.30­439) of a Portion of Broadway Avenue East of N J Street and North of Main Street, and Reservation of Utilities Therein (Ward 1) Recommendation:

Adopt Resolution No. 2024­004 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a portion of Broadway Avenue east of north J Street and north of Main Street, and reservation of utilities therein.

RESULT: ADOPTED RESOLUTION NO. 2024-004 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

11. Irrevocable Agreement to Annex No. 2024­376 (Ward 6) Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024­005 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 3895 June Street, San Bernardino, California, within the unincorporated area of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

RESULT: ADOPTED RESOLUTION NO. 2024-005 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

12. Ratify and Accept the San Bernardino County Fire Protection District Ordinance No. FPD 23­01 (All Wards)
Recommendation:

Adopt Resolution No. 2024­006 of the Mayor and City Council of the City of San Bernardino, California, to ratify and accept the San Bernardino County Fire Protection District’s (“District”) Ordinance No. FPD 23­01, which amends and adopts the 2022 Edition of the California Fire Code, known as California Code of Regulations, Title 24, Part 9, based on the 2021 Edition of the International Fire Code.

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Mayor and City Council of the City of San Bernardino Page 6 RESULT: ADOPTED RESOLUTION NO. 2024-006 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

13. Irrevocable Agreement to Annex No. 2024­378 (Ward 4) Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024­007 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 4694 North F Street, San Bernardino, California, within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

RESULT: ADOPTED RESOLUTION NO. 2024-007 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

14. Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation (15.30­437) of a Portion of Harris Street Between North I Street and J Street and South of West 9th Street, and Reservation of Utilities Therein (Ward 1)
Recommendation:

Adopt Resolution No. 2024­008 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a portion of Harris Street between North I Street and J Street and south of West 9th Street, and reservation of utilities therein.

RESULT: ADOPTED RESOLUTION NO. 2024-008 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

15. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 41, Tax Zone No. 42 (Ono Hawaiian BBQ) (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024­009 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019­1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 41) and authorizing the levy of a special taxes therein.

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Mayor and City Council of the City of San Bernardino Page 7 RESULT: ADOPTED RESOLUTION NO. 2024-009 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

16. Resolution Declaring Intent to Conduct Public Hearing to Order the Street Vacation (15.30­440) of a Portion of 9th Street and a Portion of Tippecanoe Avenue, and Reservation of Utilities Therein (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­010 declaring its intent to conduct a public hearing to order the vacation of a portion of 9th Street and a portion of Tippecanoe Avenue and reservation of utilities therein.

RESULT: ADOPTED RESOLUTION NO. 2024-010 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

17. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 38, Tax Zone No. 39 (In­N­Out) (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024­011 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019­1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 38) and authorizing the levy of a special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2024-011 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

18. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 39, Tax Zone No. 40 (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024­012 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019­1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 39) and authorizing the levy of a special taxes therein.

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Mayor and City Council of the City of San Bernardino Page 8 RESULT: ADOPTED RESOLUTION NO. 2024-012 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

19. San Bernardino Regional Housing Trust Letter of Intent (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City to join the San Bernardino Regional Housing Trust by submitting a Letter of Intent to the San Bernardino Council of Government.

RESULT: APPROVED JOINING REGIONAL HOUSING TRUST [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Council Member Sanchez pulled this item for a separate vote. He asked staff why the City cannot have its own housing trust. Interim CED Director Mary Lanier explained that this was due to resource constraints such as staff, time, and expertise.

20. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 40, Tax Zone No. 41 (Quick Quack) (Ward 5)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024­013 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019­1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 40) and authorizing the levy of a special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2024-013 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

21. Approve Professional Service Agreement with SB Express One LLC (All Wards) Recommendation:

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

1. Approve the Professional Service Agreement with SB Express One LLC (Super 8 Motel) for the provision of motel rooms ranging from 28 rooms (minimum) to 75 rooms (maximum) for a total amount not to exceed $1,008,000 and for a term beginning January 17, 2024, through January 17, 2025.

2. Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the implementation of the Motel Voucher Program.

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Mayor and City Council of the City of San Bernardino Page 9 This item (No. 21) was pulled by the City Manager.

22. Amending the City­wide Salary Schedule for the Planner Classification Series Recommendation:

Adopt Resolution No. 2024­014 of the Mayor and City Council of the City of San Bernardino, California:

1. Amending the City­wide salary schedule for the planner classification series.

2. Reclassifying the Deputy Director/City Planner (U) to City Planner (U).

RESULT: ADOPTED RESOLUTION NO. 2024-014 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

23. Basic Compensation Plan for Part-time, Temporary and Seasonal Employees Recommendation:

Adopt Resolution No. 2024­015 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving a basic compensation plan for part­time, temporary and seasonal employees.

2. Amending the City­wide salary schedule for full­time, part­time, temporary, and seasonal positions.

RESULT: ADOPTED RESOLUTION NO. 2024-015[7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

24. Side Letter Agreement with Various Bargaining Groups Regarding Hazard Pay
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­028, authorizing the City Manager to execute side letter agreements with various bargaining groups regarding hazard pay.

RESULT: ADOPTED RESOLUTION NO. 2024-028 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

25. Amendments to Professional Services Agreements for Legal Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or their designee to execute:

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1. Fourth Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Andrea Miller (II) v. City of San Bernardino, 4th District Court of Appeals Case No. E080807

2. Third Amendment to the Professional Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for representation in the Andrea Miller (II) v.

City of San Bernardino, 4th District Court of Appeals Case No. E080807

3. Second Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont, for representation in the Estate of Rob Marquise Adams, et al. v. City of San Bernardino, US District Court Case No. 5:2022cv02206

4. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the case entitled Brian Pellis, et al. v. City of San Bernardino, et al US District Court Case No. CIVSB 2226731

5. Second Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont, for representation in Deshawn Wright v.

City of San Bernardino, United States District Court, Case No. 5:21­0032­CAS

6. Second Amendment to the Professional Services Agreement with Jones & Mayer, for representation of City employee Imran Ahmed in Deshawn Wright v. City of San Bernardino, United States District Court, Case No. 5:21­0032­CAS
RESULT: APPROVED AMENDMENTS TO LEGAL SERVICES
AGREEMENTS [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

26. Approve Professional Service Agreements with CivicPlus. LLC. (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute the Professional Service Agreement with CivicPlus. LLC. for CivicEngage Central hosting, migration, training, and implementation services for a total amount not to exceed $193,000 over a term beginning after approval of the contract renewable for a 60­month term; and

2. Authorize the Director of Finance to issue a purchase order in the amount of $93,000.03 to CivicPlus for the development, migration, and hosting of a new City website.

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Mayor and City Council of the City of San Bernardino Page 11 RESULT: APPROVED PROFESSIONAL SERVICES AGREEMENTS [7-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

27. Establish a California Nonprofit Public Benefit Corporation named of “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation.”
Recommendation:

Adopt Resolution No. 2024­016 of the Mayor and City Council of the City of San Bernardino, authorizing the City Manager, or designee, to take the steps necessary to establish a California Nonprofit Public Benefit Corporation named “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation” to support the Parks, Recreation, and Community Services Department’s programs and initiatives.

RESULT: ADOPTED RESOLUTION NO. 2024-016 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

28. Accept Grant Award for Lytle Creek Park and Community Center Renovations
Recommendation:

Adopt Resolution No. 2024­017 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting a grant award in the amount of $1,000,000 from the San Manuel Band of Mission Indians for renovations to Lytle Creek Park and Community Center;

2. Authorizing the City Manager, or designee, to conduct all negotiations, signings, and submittal of all necessary documents to receive the grant award; and

3. Authorizing the Director of Finance and Management Services to amend the FY2023/24 Budget to appropriate $1,000,000 in grant funding for the Lytle Creek Park and Community Center Renovation projects.

RESULT: ADOPTED RESOLUTION NO. 2024-017 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Page. 456
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29. Approve the Purchase of a Mobile Diesel Generator Through the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024­018 to:

1. Accept and approve Request for Quotation (RFQ) F­23­77 for the purchase of a mobile diesel generator through the Home and Community Based Services Senior Nutrition Infrastructure Grant Program (HCBS­NI);

2. Authorize the City Manager to execute the Vendor Services Agreement (VSA) between the City of San Bernardino and Bell Electrical Supply Co., Inc. for the purchase of a new mobile towable diesel generator; and

3. Authorize the Director of Finance to issue a purchase order in the amount of
$136,089 to Bell Electrical Supply Co., Inc.

RESULT: ADOPTED RESOLUTION NO. 2024-018 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

30. Accept the RFP 22­39 Youth Enrichment Programs Award for Fiscal Year 2023/2024
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolution 2024­019:

1. Authorizing the City Manager, or his designee, to accept the award for RFP No. 22­39 Youth Enrichment Programs for an amount not to exceed $145,000 through Fiscal Year 2023/2024;

2. Authorizing the City Manager, or his designee, to conduct all negotiations, signing, and submittals of necessary documents to receive RFP awards; and

3. Authorizing the Director of Finance and Management Services to amend the budget in both revenue and expenditures by $145,000 and appropriate the funds for Fiscal Year 2023/2024.

RESULT: ADOPTED RESOLUTION NO. 2024-019 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

31. Accept the FY 2022 Project Safe Neighborhoods Grant (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­020 authorizing:

1. The City Manager or designee to accept the FY 2022 Department of Packet Page. 457
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Mayor and City Council of the City of San Bernardino Page 13 Justice, Project Safe Neighborhoods grant funding; and

2. The Director of Finance and Management Services to amend FY 2023/24 Adopted Budget appropriating $200,000 in both revenue and expenditures.

RESULT: ADOPTED RESOLUTION NO. 2024-020 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

32. Contract Amendment Approval – Mt. Vernon Storm Drain Project (Ward 6) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California: Approve Amendment No. 1 to the Professional Services Agreement with Onward Engineering in the amount of $19,612.50, for a total contract amount of $164,539.50 from Storm Drain DIF funding and extend the contract through anticipated completion date of December 30th, 2024.

RESULT: APPROVED AMENDMENT TO AGREEMENT [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

33. Rejecting Construction Bids for the Clean California Local Grant Program (All Wards)
Recommendation:

Adopt Resolution No. 2024­021 of the Mayor and City Council of the City of San Bernardino, California, Rejecting Construction Bids for the Clean California Local Grant Program for the 4th Street Alley Beautification project.

RESULT: APPROVED RESOLUTION NO. 2024-021 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander This item was pulled by Council Members Ibarra, Reynoso, and Alexander for separate vote and discussion. Public Works Director Lee Merrill presented this item.

He advised that staff needed to rescope the job, do a “job walk” with potential bidders, and expand the bid period. He advised that the new bid should gather a much better response.

34. Agreement with Yunex, LLC., for Traffic Signal Intersection On­Call and Emergency Repair Services (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Maintenance Services Agreement with Yunex, LLC., for traffic signal intersection on­call and emergency repair services; and
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2. Authorize the Director of Finance to issue a purchase order in the amount of $600,000 to Yunex, LLC.

RESULT: APPROVED MAINTENANCE SERVICES AGREEMENT [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

35. Task Order Issued to TransTech Engineers for Project Management Services for the San Bernardino Hope Campus Project (Navigation Center) and Norman F. Feldheym Library Revitalization Projects. (Ward 1) Recommendation:

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

1. Approve two task orders (Transtech003 and Transtech004) to TransTech Engineering for program management services for the San Bernardino Hope Campus Project (Navigation Center) and Norman F.

Feldheym Library Revitalization project, as part of the existing Professional Services Agreement for On­Call Engineering Services, and

2. Authorize the Finance Director to issue a purchase order in the amount of $296,400 for the Hope Campus Project and $197,600 for the Feldheym Library Project.

RESULT: APPROVED TASK ORDERS [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

36. Contract Amendment Approval – Pepper Avenue Rehabilitation Project (Wards 3, 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager to execute all documents and: Approve Amendment No. 3 to the Professional Services Agreement with Kabbara Engineering in the amount of $10,000, for a total contract amount of $255,531 for Pepper Avenue Rehabilitation Project and extend the term of the agreement through the anticipated completion date of December 30, 2024.

RESULT: APPROVED AMENDMENT TO AGREEMENT [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

37. Approve Final Tract Map No. 20495 (Ward 4)
Recommendation:

Adopt Resolution No. 2024­022 by the Mayor and City Council of the City of San Bernardino, California, approving Final Tract Map No. 20495 (Subdivision 21­13) involving the subdivision of five (5) parcels (APN 0285­211­05, 21, 22, 23, and 25) containing approximately 14.7 acres into one hundred thirty-three (133) Packet Page. 459
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Mayor and City Council of the City of San Bernardino Page 15 single-family residential lots and nine (9) lettered lots for common facility improvements, located on the northwest corner of E. Highland Avenue and N.

Palm Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.

RESULT: ADOPTED RESOLUTION NO. 2024-022 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

38. Contract Change Order Approval – Pavement Rehabilitation at Three Locations­ Ward 3
Recommendation:

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

1. Authorize the Director of Finance and Management Services to allocate an additional $643,910.10 to fund the change order to complete the pavement improvements "Project"; and

2. Approve the Construction Contract Change Order with Matich Corporation Company in the amount of $643,910.10 to complete the "Project"; and

3. Authorize the project construction and construction contingencies in the total amount of $693,000 to provide pavement improvements to complete the "Project"; and

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

RESULT: APPROVED CONTRACT CHANGE ORDER [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

39. Cancellation of January 17, 2024, Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act.

Recommendation:

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

1. Cancel the Proposition 218 Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste collection, processing and disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”) on the January 17, 2024, Mayor and City Council Meeting; and
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2. Instruct staff to establish a new timeline for implementation of proposed rates (to include public hearings), SB 1383 adoption, and potential amendments to the City’s agreement with Burrtec Waste Industries, Inc. before July 30th, 2024.

RESULT: APPROVED CANCELLATION OF THE PUBLIC HEARING [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT: Damon Alexander
Council Member Sanchez pulled this item for discussion and separate vote. Public Works Director Lynn Merrill advised that staff are currently still in discussion with Burrtec, and they plan on bringing an item with rate information back to the Mayor and City Council in March 2024, holding a Public Hearing on May 1, 2024, and having a new rate in place by approximately July 1, 2024. He also reminded everyone that the current contract with Burrtec does not end until 2026.

SPECIAL MEETING ADJOURNMENT
The Special Meeting of the Mayor and City Council was adjourned on Wednesday, January 17, 2024, at 6:43 p.m. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency adjourned to the Regular Meeting on January 17, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. The Regular Meeting began at 7:00 p.m.

REGULAR MEETING
WEDNESDAY, JANUARY 17, 2024
7:00 PM
The Regular Meeting was called to order at 7:08 PM by Mayor Helen Tran on Wednesday, January 17, 2024, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles Montoya City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
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Prior to beginning Public Comments, City Attorney Sonia Carvalho made an announcement that a federal judge had issued a preliminary injunction against the City, requiring the City to stop the “clean-up” activities of homeless encampments, if the clean-up activities result in displacement of individuals without due process. She advised that staff from the Police Department and Parks and Recreation will be informed regarding what activities they are allowed to continue.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Rikke Johnson stated that the City is suffering from “urban decay” regarding planning.

He also asked that there be better landscaping done for the State St./University Pkwy. extension.

Mike Hartley commented that he is “sick of” the City spending so much time on homeless issues. He does not approve of the injunction.

James Smith commended Jayden Daniels, Heisman Trophy winner from San Bernardino. He also said that Lydie from Parks and Recreation is doing a great job.

Diane Watern spoke about a dog that recently died at the animal shelter. She stated that it is time to help the animals.

Rose Ward commented about Item No. 5. She said that the meeting time should not be changed because it will be inconvenient for people who work.

Sharon Negrete spoke about the animal shelter. She asked that the Mayor and City Council go to the shelter and see the poor conditions.

Selina M. expressed disappointment with the agreement with other cities to provide animal care services. She stated that out shelter is already too full and local animals should be the priority.

Georgia Lykouretzos stated that animals in the animal shelter are not being taken care of.

Al Palazzo informed that he has many ideas to share with the City regarding development Downtown.

Lydia Savala asked that the mobile animal spay and neuter clinic vehicle be utilized.

Frank Montes, Chairman of the Board for the Hispanic Coalition of Small Businesses, commented that the City needs to help small businesses. He provided a website, www.hcsb.us.org, for businesses to apply for assistance.

John Shollenberger stated that the City Council has been voting on items in a way that is reckless, fiscally irresponsible, and political in nature. He said that the Mayor has a lot of responsibility, and it is time for her to change course.

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Mayor and City Council of the City of San Bernardino Page 18 Dolores Armstead asked why there wasn’t a Ribbon Cutting ceremony for the State St./University Pkwy. extension. She also asked for an update on the General Plan and the “Oxbow” debris pile in the 5th Ward.

E. Negrete inquired as to what will happen to the City now that AB1418 for Crime-Free Housing no longer exists.

Christian Shaughnessy informed that he is running for office in March 2024. He stated that the City needs transformational change.

Keith Benitez asked that people volunteer to help with the County of San Bernardino’s “Homeless Point in Time Count” on January 25th.

Ollie Espinoza thanked the City Council for approving the Regional Housing Trust and reminded people about the Point in Time Count.

Ulyzes stated that he is part of the Youth Advisory Board. He asked people to volunteer for the Point in Time Count.

Mykayah thanked the City Council for approving the Regional Housing Trust. He stated that there is nothing nice to say about the “left side” of the dais.

Less commented that he would like Chris Shaughnessy to be elected to Ward 3. He asked that the meeting time not be changed.

Treasure Ortiz spoke about the money that the City pays to the fire department and expressed that she is happy the Burrtec contract is being renegotiated. She advised that she is running for the 7th Ward in the upcoming election.

Jr. Carrillo commented that he supports changing the time of the Mayor and City Council meetings. He stated that if issues are important to people, they will make time to come to the meetings.

CONSENT CALENDAR

1. Adoption of Ordinance No. MC1622: Floodplain Ordinance (FPO) (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC1622: adopting a new Chapter 8.79 of the City of San Bernardino municipal code; adopting flood hazard maps; designating City Engineer as the floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.

RESULT: APPROVED THE ADOPTION OF ORDINANCE NO. MC-1622
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Page. 463
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PUBLIC HEARINGS

2. Public Hearing on Annexation No. 28A to Community Facilities District 20191 (Ward 5)
Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2024023 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of le vying the amended special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 28A) ; and

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

4. Adopt Resolution No. 2024024 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 20191 (Maintenance Services) Tax Zone 29; and

5. Introduce, read by title only, and waive further reading of Ordinance No.

MC1623 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20232024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC1623 for February 21, 2024.

City Manager Charles Montoya stated that Item No. 2 was being pulled from the agenda due to new State-mandated noticing requirements.

3. Public Hearing on Annexation No. 37 to Community Facilities District 20191 (Ward 3)
Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2024-025 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 37); and

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

4. Adopt Resolution No. 2024-026 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 37); and

5. Introduce, read by title only, and waive further reading of Ordinance No.

MC1624 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Packet Page. 464
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Mayor and City Council of the City of San Bernardino Page 20 Fiscal Year 20232024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC1624 for February 21, 2024.

City Manager Charles Montoya stated that Item No. 3 was being pulled from the agenda due to new State-mandated noticing requirements.

DISCUSSION

4. Adopting Resolution No. 2024-027 and Introducing Ordinance No. MC-1625 Amending Chapter 2.10 and Chapter 2.15, Adding Chapter 2.83, and Amending Sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino Municipal Code Regarding Updating Titles and Organizational Duties of Various City Departments and Department Heads (All Wards)
Recommendation:

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

1. Adopt Resolution No. 2024-027:
a. Restructuring the Community and Economic Development Department by creating the Community Development & Housing Department and the Economic Development Department
b. Retitling the Human Resources Department to Human Resources and Risk Management Department
c. Retitling the Finance Department to Finance and Management Services Department
d. Retitling the Director and Deputy Director of Human Resources (U) Classification
e. Retitling the Deputy Director of Finance (U) Classification f. Amending the Citywide Salary Schedule for fulltime, parttime, temporary, and seasonal position; and

2. Introduce, read by title only, and waive further reading of Ordinance No. MC1625 amending Chapter 2.10 and Chapter 2.15, adding Chapter 2.83, and amending sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino Municipal Code regarding updating titles and organizational duties of various City Departments and Department Heads.

Deputy City Manager Suzie Soren presented this item. There were no questions or comments from the Mayor and City Council.

RESULT: ADOPTED RESOLUTION NO. 2024-027 AND INTRODUCED
ORDINANCE NO. MC-1625 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Page. 465
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5. Introduction of Ordinance No. MC-1626 Amending Section 2.58.010 of the Municipal Code Relating to the Time and Location of Regular Meetings (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title only, and waive further reading of Ordinance No.

MC1626 amending Section 2.58.010 of Chapter 2.58 of Title 2 of the San Bernardino Municipal Code relating to the time and location of regular meetings.

Assistant City Manager Edelia Eveland presented this item. Council Member Sanchez opined that he would like to change the meeting time to 3:00 PM, beginning with Closed Session. Council Members Calvin and Alexander stated that they are opposed to changing the meeting time. Council Member Ibarra asked to clarify that this item does not change the meeting time. City Attorney Carvalho confirmed that it allows flexibility for the Mayor and City Council to change the time in the future.

RESULT: APPROVED THE INTRODUCTION OF ORDINANCE NO. MC-1626

AND GAVE DIRECTION TO STAFF TO BRING BACK A

RESOLUTION TO DETERMINE THE START TIME OF MAYOR

AND CITY COUNCIL MEETINGS AFTER THE ADOPTION OF THE
ORDINANCE [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Kimberly Calvin

6. Election of Mayor Pro Tempore (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, open nominations for a member of the City Council to serve as Mayor Pro Tempore with an effective date of December 20, 2023.

Council Member Sanchez nominated 4th Ward Council Member Fred Shorett. Council Member Calvin nominated 5th Ward Council Member Ben Reynoso. The vote was taken on the first nomination and was approved, so not further votes were taken.

RESULT: APPROVED THE NOMINATION OF COUNCIL MEMBER FRED
SHORETT AS MAYOR PRO TEMPORE [4-3]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett
NOES: Ben Reynoso, Kimberly Calvin, Damon Alexander

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council shared updates with the community. Highlights included the upcoming Homeless Point in Time Count, Coffee with a Cop on January Packet Page. 466
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Mayor and City Council of the City of San Bernardino Page 22 16th, neighborhood meetings, the Dodger Dream Field at Blair Park, and Martin Luther King, Jr. Day celebrations. Council Member Ibarra attended virtual training to volunteer at the Point in Time count.

The Mayor and City Council Members asked that the meeting be adjourned, and a moment of silence observed, in honor of community members who have passed away:

Lucy A. Romero, Carolyn Sue Johnson Conley, Luis Leon, Venus Williams, Jack Wolf, and Daniel Cervantes.

The Mayor and City Council convened to Closed Session at 8:59 p.m.

CLOSED SESSION

7. Closed Session
Recommendation:

CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Dennis Bergman, by and through his Guardian Ad Litem, Jennifer Abraham, San Bernardino Superior Court Case No. CIVBS2134966
ii. Estate of Rob Marquise Adams, by and through its personal Representatives, Tamika King, et al. v. City of San Bernardino, United States District Court Case No. 5:22CV02206 JGBSP
iii. Brian Pellis, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB222673
iv. Gary Schuelke v. City of San Bernardino, Workers’ Comp. Case Nos.

ADJ13946643, ADJ13946133, ADJ11395684, ADJ11395701, ADJ6436925, and ADJ4544196
v. Frank Alvarez v. City of San Bernardino, Workers’ Comp. Case No.

ADJ1477022
vi. Douglas Heath v. City of San Bernardino, Workers’ Comp. Case No.

ADJ11111333

CLOSED SESSION REPORT
There was no reportable action from Closed Session

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, January 17, 2024 at 9:34 p.m.

The next Special Meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, January 31, 2024, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Open Session will begin at 3:00 p.m.

By:________________________
Genoveva Rocha, CMC
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
For the
Regular Meeting of the Mayor and City Council
of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, APRIL 3, 2024
4:00 PM
Closed Session was called to order at 4:08 PM by Mayor Helen Tran on Wednesday, April 3, 2024, at Feldheym Central Library, San Bernardino, CA.

Call to Order
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem,, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles A. Montoya City Manager Present
Sonia Carvalho City Attorney Present
Telicia Lopez Chief Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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CLOSED SESSION PUBLIC COMMENT
There were no public comments.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL ­ ANTICIPATED LITIGATION Significant Exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2): Notice of claim, Steve Carrigan, dated November 28, 2023, Claim No.

GHC0065668

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated there was reportable action from Closed Session.

The Mayor and City Council met at 4:00 p.m. to discuss a claim filed by Mr. Steve Carrigan against the City in relation to the City Manager recruitment process. The City initiated an investigation of that claim and voted four to two to release portions of the investigative report:

Council Members Sanchez, Ibarra, Figueroa, and Mayor Pro-Tem Shorett voted yes.

Council Members Alexander and Calvin voted no.

Council Member Reynoso was absent.
5:00 PM
The Regular Meeting was called to order at 5:08 PM by Mayor Helen Tran on Wednesday, April 3, 2023, at Feldheym Central Library, San Bernardino, CA.

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Paul E. Jones of Independent Trinity Benjamin E. Jones Community Center led the invocation, and Melissa Gastelum from Dominguez Elementary School led the Pledge of Allegiance to the Flag.

PRESENTATIONS

1. Proclamation for National Library Week in the City of San Bernardino – April 7th ­ April 13th, 2024 (All Wards)
Mayor Tran presented the Proclamation to Ed Erjavek, Library Director, and Library Board President Jim Pierson.

2. Proclamation for Sexual Assault Awareness Month in the City of San Bernardino – April 2024 (All Wards)
Mayor Tran presented the Proclamation to Program Director for Partners Against Violence, Arlinda Wilson.

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3. Proclamation for Volunteer Appreciation Month in the City of San Bernardino – April 2024 (All Wards)
Mayor Tran presented the Proclamation to Director of Parks, Recreation, and Community Services, Lydie Gutfeld, and various City staff.

At this time, the items were taken out of order and Item No. 5 was heard before Item No. 4.

5. Presentation of California Parks and Recreation Society 2023 Award of Excellence for Creating Community through Arts and Cultural Services CPRS State Board Secretary Victoria Reyna, Deputy Director, City of Lancaster Mayor & Director of Parks, Recreation, and Community Services, presented the award to Lydie Gutfeld and staff.

4. Presentation of California Parks and Recreation Society Community Champion Award to Terry Boykins of Project Fighting Chance Director of Parks, Recreation, and Community Services Lydie Gutfeld gave a presentation and presented an award to Terry Boykins.

CITY MANAGER UPDATE
Jeff Kraus, Public Information Officer, provided city wide updates. Highlights included the opening of a Tesla body shop in the City, activities with San Bernardino’s “Sister City” in Korea, and awards received by the Parks and Recreation Department.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Al Palazzo spoke about the many ideas he has for improvement and development in the City.

At this time, the following students from the Cal State University San Bernardino (CSUSB) Bachelor’s Degree Social Work Program stated that they would be speaking as a group. Each member spoke about their efforts to assist the homeless population in the City, and asked for the Mayor and City Council’s support:

Rochelle Hernandez Tiffany Stafford
Jodi Brown Griselda Patron
Leslie Depozo Sylvia Rios
Dolores Armstead spoke in opposition to Item No 8, car washes and warehouses in the City, and the “Oxbow” debris pile.

Dominic Antonez commented about the “rave” that happened recently in the City.

Jim Mulvihill spoke about Items Nos. 10 and 11.

Albert Hopkins commented about street paving, streetlights, and homelessness. .

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Mayor and City Council of the City of San Bernardino Page 4 Lydia Savala spoke about the animal shelter not accepting owner-surrendered dogs.

Mike Hartley spoke about Code Enforcement addressing blight in the City.

Georgia informed about animal companion issues in the City.

PUBLIC HEARING

6. Public Hearing on Annexation No. 37 to Community Facilities District 2019­1 (Ward 3)
Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2024­063 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 37); and

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

4. Adopt Resolution No. 2024­064 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 37); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC­ 1634 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2023­2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC­1634 for April 17, 2024.

Mayor Tran opened the public hearing at 6:16 p.m.

Shane Spicer from Spicer Consulting provided a presentation.

There were no public speakers or requests to speak.

City Clerk Rocha reported that there were no written protests received.

The public hearing was closed at 6:20 p.m.

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Mayor and City Council of the City of San Bernardino Page 5 RESULT: ADOPTED RESOLUTION NO. 2023-063 [6-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
RESULT: ADOPTED RESOLUTION NO. 2023-064 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1634 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

DISCUSSION

7. City of San Bernardino Parks Master Plan Update
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the oral report on the Parks Master Plan Update.

Representatives from Next Practice Partners provided a presentation.

RESULT: Receive and File; No action taken.

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

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS
NO.8, NO. 10, AND NO. 11 FOR A SEPARATE VOTE [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ben Reynoso
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8. Establish a California Nonprofit Public Benefit Corporation named The City of San Bernardino Foundation for Community & Economic Growth (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024­060 authorizing the City Manager or designee to take the necessary steps to establish a California nonprofit public benefit corporation named The City of San Bernardino Foundation for Community & Economic Growth to support the opening and operation of a business and visitor center in the city.

There was discussion amongst the City Council regarding the purpose of establishing this foundation, the proposed “welcoming center”, and who will be on the board of directors.

City Manager Montoya stated that the foundation was being established to allow the local business community to sponsor special events in the City, such as the “State of the City” event. He stated that the City was already receiving sponsorships for events.

He advised that an item will be coming forward at the next Mayor and City Council meeting on April 17, 2024 to appoint members to the board of the corporation, which will be recommended by staff, appointed by the Mayor and approved by the City Council.

Council Member Calvin made a motion to bring the item back as a discussion item when the board positions are ready to be appointed. There was no support for the motion.

Council Member Sanchez then made a motion to approve staff’s recommendation.

There was a second from Mayor Pro Tem Shorett.

RESULT: APPROVED STAFF’S RECOMMENDATION [5-1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES: Kimberly Calvin
ABSENT: Ben Reynoso
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9. Irrevocable Agreement to Annex No. 2024­377 (Ward 6) Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024­061 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 19915 Cajon Boulevard, San Bernardino, California, (APN 0262­042­44), within the unincorporated territory of Muscoy;

2. Authorizing the City Manager to execute an Irrevocable Agreement to Annex.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

10. 2022 Housing Element Annual Progress Report
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the 2022 Housing Element Annual Progress Report (Attachment 1).

Council Member Calvin asked why Items No. 10 and 11 were on the Consent Calendar, rather than being presented to the General Plan Committee or Downtown Redevelopment Committee first.

Community Development and Housing Director Gabriel Elliott confirmed that the items were providing an update on the Housing Element only, as mandated by the State of California. These do not have any correlation to the General Plan or Downtown Redevelopment Plan.

City Manager Montoya informed that the consultant was still working on the General Plan Update, and the Mayor and City Council would receive an update within two months.

At this time, there was consensus amongst the City Council to vote on Item 10 and 11 simultaneously.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
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11. 2023 Housing Element Annual Progress Report (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the 2023 Housing Element Annual Progress Report (Attachment 1).

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

12. Adoption of Ordinance No. MC­1633 (Annexation 38) (Ward 1) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC­1633, amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2023­2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services).

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

13. Adoption of Ordinance No. MC­1630 (Annexation 39) (Ward 1) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC­1630, amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2023­2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services).

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Mayor and City Council of the City of San Bernardino Page 9 RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

14. Adoption of Ordinance No. MC­1631 (Annexation 40) (Ward 5) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC­1631 amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2023­2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services).

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

15. Adoption of Ordinance No. MC­1632 (Annexation 41) (Ward 1) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC­1632 amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2023­2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services).

RESULT: APPROVED STAFF’S RECOMMENDATION
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

16. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation:

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Mayor and City Council of the City of San Bernardino Page 10 It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for February 2024.

RESULT: APPROVED STAFF’S RECOMMENDATION
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

17. Recognizing Teamsters Local 1932 (Teamsters) and American Federation of State, County and Municipal Employees District Council 36 (AFSCME) as the Majority Representatives for the General Unit and Police General Unit for the Purposes of Employer ­ Employee Relations with the City.

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2024­065:

1. Recognizing Teamsters Local 1932 (Teamsters) as the majority representative for the General Unit;

2. Recognizing American Federation of State, County and Municipal Employees District Council 36 (AFSCME) as the majority
representative for the Police General Unit;

3. Amending the City­Wide Salary Schedule for full­time, part­time, temporary, and seasonal positions.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

18. Adopt Resolution Approving Amendment No. 1 to Cooperative Agreement No. 22­ 1002720 with the San Bernardino County Transportation Authority (SBCTA) for the State Route 210/ Waterman Avenue Interchange Project (Ward 7)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­062, authorizing:

1. The Director of Finance and Management Services to amend the State Route 210/Waterman Avenue Interchange Project budget in the amount of $227,858 from the Measure S Fund, and;

2. The City Manager to execute Amendment No. 1 to Cooperative Agreement No. 22­1002720 with the San Bernardino County Transportation Authority (SBCTA) for Waterman Avenue at State Route 210 (SR­210) interchange Project.

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Mayor and City Council of the City of San Bernardino Page 11 RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

19. Approving Amendment No. 4 to the Joint Exercise of Powers Agreement with the San Bernardino Associated Governments (SANBAG) (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 4 to the Joint Exercise of Powers Agreement with the San Bernardino Associated Governments (SANBAG).

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time the Mayor and City Council provided updates to the community. Highlights included the Grand Opening of the 5th Street Gateway project on April 11th, homeless services, the Easter “Egg-stravaganza” and the upcoming National Orange Show Fair.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, April 3, 2024, at 7:28 p.m. The next Regular Meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on will be held on April 17, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and the Open Session will begin at 5:00 p.m.

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

DRAFT MINUTES

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

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

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

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

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

AUTHORITY
WEDNESDAY, MAY 1, 2024
4:00 PM
Closed Session was called to order at 4:03 p.m. by Mayor Tran on Wednesday, May 1, 2024, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 4:08 p.m.

Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Absent
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present Left 7:58 p.m.

Helen Tran Mayor Present
Charles A. Montoya City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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CLOSED SESSION PUBLIC COMMENT
There were no public comments.

CLOSED SESSION
A)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subsection (d) of Section 54956.9:
one case
B)CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: City of San Bernardino v. Arrowhead Lodge No. 896, I.B.P.O.E. of W et al., San Bernardino Superior Court Case No. Case No. CIVSB2221041

C)PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager (City Manager-Initiated Goal Setting Process) D)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: one case
The Mayor and City Council convened into Closed Session at 4:04 p.m. 5:00 P.M.

The regular meeting was called to order at 6:23 p.m. by Mayor Helen Tran on Wednesday, May 1, 2024, at Feldheym Central Library, San Bernardino, CA

INVOCATION AND PLEDGE OF ALLEGIANCE
Dr. Gwen Dowdy-Rodgers from Church of the Living God led the invocation, and Joselyn Campos from Fairfax Elementary School led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that there were four closed session matters on the agenda. There was reportable action for Item B, an update on the existing litigation, and the City Council gave directions to authorize the filing of a receivership action.

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PUBLIC HEARING

1. Development Code Amendment (Zoning Map Amendment) 20­05 and Development Permit Type­D 20­03 – Amazing 34 Project
Recommendation:

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

1. Adopt Resolution No. 2024-078 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving Development Permit Type D 20-03 to allow the development and establishment of an industrial warehouse containing approximately 89,475 square feet on a project site comprised of (3) parcels containing s total of approximately 4.02 acres located on the northeast corner of S. Waterman Avenue and E. Central Avenue (Attachment 1); and

2. Introduce for the first reading, Ordinance No. MC-1637 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map
Amendment) 20-05 changing the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels containing a total of approximately

3.84 acres, pursuant to a Mitigated Negative Declaration (Attachment 4).

3. Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on May 15th, 2024.

Mayor Tran opened the public hearing at 6:26 p.m.

Director of Community Development and Housing Gabriel Elliott and Senior Planner Travis Martin provided the presentation.

There were three public speakers.

Dolores Armstead spoke in opposition to the approval of the warehouse.

Chase Preciado, from the law firm Lozeau Drury, spoke in opposition to the warehouse approval, referencing the written public comment he submitted.

Less spoke in opposition to the approval of the warehouse, and the zoning needs to be updated.

The public hearing was closed at 6:45 p.m.

Council Member Calvin asked about updating the general plan with truck routes for the warehouses that are being approved. She also asked regarding the code amendment not being approved by the Planning Commission.

Director of Community Development and Housing Gabriel Elliott explained that the amendment failed because six (6) commissioners were present, the vote was 4-2, and five (5) votes were needed to approve it.

Council Member Sanchez made a motion that a condition of approval be to relocate parking spaces to the south corner of the parcel and the warehouse to the north due to the warehouse's proximity to Central Ave. He also suggested moving the exit from Waterman Ave. to Central Ave. for safety reasons. However, his motion was not seconded.

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Mayor and City Council of the City of San Bernardino Page 4 Council Member Ibarra made a substitute motion to take the item back to the Planning Commission for their review and approval. Council Member Calvin seconded the motion. There was a tie vote 3-3 and Mayor Tran voted to break the tie. The motion failed 4-3.

City Manager Charles Montoya and City Attorney Sonia Carvalho suggested approving the substitute motion, and if the developers have issues, they will get back to City Council.

Council Member Shorett made the motion to approve the staff recommendation without conditions.

RESULT: APPROVED STAFF’S RECOMMENDATION AND INTRODUCED
FIRST READING MC-1637 [4-2]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Figueroa, Shorett, Alexander, and Mayor Tran
NOES: Sanchez, Ibarra, Calvin
ABSENT: Ben Reynoso
The result was a tie vote, and Mayor Tran was granted a vote to break the tie.

2. Proposed Fiscal Year 2024­25 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs (All Wards)
Recommendation:

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

1. Conduct a Public Hearing to obtain citizens’ comments on the proposed Fiscal Year 2024-25 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs; and

2. Consider any necessary changes to the proposed Fiscal Year 2024-25 Annual Action Plan and direct staff to return on May 15, 2024, with the final Annual Action Plan for consideration prior to submittal to the United States Department of Housing and Urban Development.

3. Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the submittal of the HUD Fiscal Year 2024-2025 Annual Action Plan and certification to HUD.

Mayor Tran opened the public hearing at 7:13 p.m.

Director of Community Development and Housing Gabriel Elliott and Senior Management Analyst William Lampi provided the presentation.

There were six public speakers.

Terry Boykins, Project Fighting Chance asked, the Mayor and City Council to be considered for the Community Development Block Grant funding.

Jorge Zatarain, Director of Operations at El Sol Neighborhood Educational Center, asked the Mayor and City Council for their approval of the grant.

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Mayor and City Council of the City of San Bernardino Page 5 Isacc Mendez, Program Manager at El Sol Neighborhood Educational Center, also spoke in support of their grant from the Community Development Block Grant funding.

Alicia Cortes, a member of El Sol Neighborhood Educational Center, spoke about the center's activities and asked that the Mayor and City Council approve their grant.

Karen Suarez, Vice President of Collective Impact, expressed support for El Sol Neighborhood Educational Center. She talked about implementing a program to help current renters become homeowners.

Miriam Nieto spoke in support of El Sol Neighborhood Educational Center funding and said the Police Department is a great example to the other departments in the city.

The public hearing was closed at 7:40 p.m.

Council Member Sanchez amended the recommendation to award a quarter million dollars in Community Development Block Grant (CDBG) funds to El Sol, a quarter million dollars to Project Fighting Chance, and a million dollars for three dilapidated baseball fields, one in Gutierrez Park and two at Encanto Park.

Council Member Calvin asked to include a pocket park (Bobby Vega Park) in Council Member’s Sanchez amendment.

Gabriel Elliott, Director of Community Development and Housing, stated he would provide an update after staff review the City Council’s recommendation. The City Council will take action on May 15, 2024.

RESULT: APPROVED STAFF’S RECOMMENDATION [4-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Calvin
NOES: None
ABSENT: Sandra Ibarra, Ben Reynoso, Damon Alexander

APPOINTMENTS

3. Planning Commission Appointment of George J. Karaiscos (Ward 7)

4. Parks, Recreation and Community Services Commission Appointment of Lata M. Wilson (Ward 7)
There was a consensus of the Mayor and City Council to vote on Item Nos. 3 and 4 in a single vote.

No presentation was made for Item Nos. 3 and 4, the appointees were present, and City Clerk Genoveva Rocha administered the Oath of Office.

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Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED APPOINTMENT ITEMS NO. 3 & 4 [4-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Calvin
NOES: None
ABSENT: Sandra Ibarra, Ben Reynoso, Damon Alexander

PRESENTATIONS

5. Youth Civic Engagement Council Certificates of Recognition (All Wards) Mayor Tran presented the Certificates of Recognition to Alejandro Uribe and Alexandra Gilbert. Allanhi Chapman and Silvana Vazquez were not in attendance.

6. Proclamation for Water Safety & Drowning Prevention Month in the City of San Bernardino – May 2024 (All Wards)
Mayor Tran presented the Proclamation to Michael Schicora and his Aquatics Team.

7. Proclamation for Asian American Native Hawaiian Pacific Islander Heritage (AANHPI) Month in the City of San Bernardino – May 2024 (All Wards) Mayor Tran presented the Proclamation to Ms. Ericka Rios and Ms. Danthu Pham from Belvedere Elementary School.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard.

Jim Mulvihill spoke in support of item number 19.

Rikke Van Johnson spoke on the closed session investigation.

Claudia Casillas, a student from California State University of San Bernardino, spoke about the social welfare project she participated in with her classmates.

Dolores Armstead made several comments. She spoke on the meeting starting late, the City Manager submitting projects with a tight deadline, and Council Member Sanchez's comments. She also spoke on the report from August 2023.

Claudia Casillas thanked Gabriel Elliott for helping her get the proper permits to open her business in the city. She asked the Mayor and City Council to help the department ease the process for permits.

Mike Hartley spoke on the meeting starting late and the warehouse development.

Luis Ojeda spoke about the meeting start time and the need for a response from the City Manager.

Mrs. P spoke about creating environments that are unhealthy for the children in the community and not having a vision for the city.

Georgia Lykouretzos asked the Mayor and City Council for their support to help the Animal Shelter.

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Mayor and City Council of the City of San Bernardino Page 7 David Freidmen thanked the Public Works department for supporting the Clean California Grant to help clean an alley downtown. He also supports housing for Police Officers but was disappointed with the approval of the warehouse.

Dr. Gwen Dowdy-Rogers of Arrowhead United Way asked for the Mayor and City Council's support to help veterans. She also spoke of the lack of communication between the City Manager and the Mayor and City Council.

Karen Suarez spoke in support of the PlaceWorks agreement. This agreement will help the city move forward with the general plan.

L’Rea Robinson spoke on several items from previous Mayor and City Council meetings: the funding for the homeless, the Censuring of Council Member Calvin, and the lawsuit from a previous City Manager candidate.

Les spoke about the hiring of the city manager and the police department not responding to the residents.

Al Palazzo spoke on rebuilding the city and his vision.

Carolyn Tillman asked to be respectful and professional to the residents of San Bernardino. She also spoke about the closed session investigation.

Jim Penman spoke on the positive things happening in the city. He thanked Congressman Pete Aguilar for the cameras in the city and the fundraising at the Mexico Café to help raise money for the K-9s. He also mentioned the Arrowhead Country Club anniversary celebration in August, and the Chamber of Commerce will host their law enforcement appreciation dinner on May 22nd at the Elks Club.

At this time, City Clerk Genoveva Rocha addressed the Mayor and City Council regarding written public comments and ADA accommodations.

The following submitted written comments: Tim Dorame, Victoria Yundt, and the written correspondence from Mr. Johnson.

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

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 9 FOR DISCUSSION [5-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin
NOES: None
ABSENT: Ben Reynoso and Damon Alexander
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8. Approval of the Second Amendment to the Professional Services Agreement with Hope the Mission for Homeless Outreach Services Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino approve the Second Amendment to the Professional Service Agreement with Hope the Mission to extend the term of the agreement by one (1) year to oversee the City’s Homeless Outreach Project.

RESULT: APPROVED STAFFS RECOMMENDATION [5-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT: Ben Reynoso and Damon Alexander

9. Final Reading and Adoption of Ordinance No. MC­1636 Development Code Amendment 24­02 (Emergency Shelter Overlay)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1636, approving Development Code Amendment 24-02 amending the following sections and chapter:

1. Section 19.02.50 (Basic Provisions – Definitions).

2. Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses).

3. Section 19.08.020; Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses)

4. 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

5. Finding that Development Code Amendment 24-02 is exempt from review under the California Environmental Quality Act.

Council Member Ibarra pulled this item for a separate vote.

Council Member Sanchez motioned and seconded by Mayor Pro-Tem Shorett, but the motion failed 3-2, with Council Member Ibarra and Council Member Calvin voting in opposition.

City Attorney Sonia Carvalho stated that the city council must give at least four (4) votes to adopt an ordinance.

Council Member Sanchez made a motion to continue the item to the second meeting in May. The motion was seconded by Council Member Calvin and the motion to continue passed.

City Attorney Sonia Carvalho reminded the City Council the Ordinance was related to a resolution to resolve issues with the state’s department of Housing and Community Development (HCD).

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Mayor and City Council of the City of San Bernardino Page 9 Director of Community Development and Housing Gabriel Elliott stated that the deadline for response will be before the next meeting.

City Council Members voted to reconsider bringing the item back. Council Member Sanchez made the motion, which was seconded by Mayor Pro-Tem Shorett. The motion passed 4-1, with Council Member Ibarra voting in opposition.

The final result was:

RESULT: ADOPTED ORDINANCE MC-1636 [4-1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Calvin
NOES: Sandra Ibarra
ABSENT: Ben Reynoso and Damon Alexander

10. Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians (Ward 4)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-079 of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute an Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for the encroachment of two improvements that include an above ground wayfinding sign and a primary directional monument sign located at Victoria Avenue north of Lynwood Drive and southwest of Piedmont Drive, San Bernardino, California.

RESULT: ADOPTED RESOLUTION NO. 2024-079 [5-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT: Ben Reynoso and Damon Alexander
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11. Updating Assessment Engineer's Reports ­ Previously Formed Landscape and Lighting Maintenance Districts (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-080 of the Mayor and City Council of the City of San Bernardino, California, initiating the proceedings to levy and collect assessments for FY 2024/25 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer's Report.

RESULT: ADOPTED RESOLUTION NO. 2024-080 [5-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT: Ben Reynoso and Damon Alexander

12. Resolutions Updating the Bank and Investment Account Signature Authority (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt the attached Resolutions updating the City’s and Successor Agency’s bank and investment account signature authority:

1. 2024-081 – Wells Fargo Bank, City;

2. 2024-082 – Wells Fargo Bank, Successor Agency;

3. 2024-083 – U.S. Bank, City;

4. 2024-084 – U.S. Bank, Successor Agency;

5. 2024-085 – BNY (Bank of New York) Mellon, City;

6. 2024-086 – BNY (Bank of New York) Mellon, Successor Agency;

7. 2024-087 – Citizens Business Bank, Successor Agency;

8. 2024-088 – Local Agency Investment Fund (LAIF), City; and

9. 2024-089 – Authorized Brokers or Dealers for the City and Successor Agency.

RESULT: ADOPTED RESOLUTION NOS. 2024-080 through 2024-089 [5-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT: Ben Reynoso and Damon Alexander
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13. Receive and File the City’s Annual Comprehensive Financial Report for the Year Ended June 30, 2023 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file City’s Annual Comprehensive Financial Report (ACFR) for the Year Ended June 30, 2023.

RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT: Ben Reynoso and Damon Alexander

14. Library Literacy Program Grant Funding (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-092, authorizing the Director of Finance and Management Services to amend and appropriate $29,786 in grant funding from the California Department of Education in both revenues and expenditures to the Fiscal Year 2023 – 2024 Operating Budget for the Workforce Innovation and Opportunity Act, Title II: Adult Education and Family Literacy Act program.

RESULT: APPROVED RESOLUTION NO. 2024-092 [5-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT: Ben Reynoso and Damon Alexander

15. COPS Grant Application (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Police Department to apply for funding for five police officer positions through the Community Oriented Policing Services (COPS) grant program.

RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT: Ben Reynoso and Damon Alexander
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Mayor and City Council of the City of San Bernardino Page 12

16. Receive and File San Bernardino Municipal Water Department’s Audited Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2023 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the San Bernardino Municipal Water Department’s audited Annual Comprehensive Financial Report for water and sewer utilities for Fiscal Year ended June 30, 2023.

RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT: Ben Reynoso and Damon Alexander

17. Adopt a Resolution Adding Dignity Moves as a Joint Applicant with the City and Lutheran Social Services of Southern California for the Homekey

3.0 Grant Funding Application (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-093 authorizing a joint application to and participation in the Homekey Program with Lutheran Social Services of Southern California and Dignity Moves.

RESULT: ADOPTED RESOLUTION NO. 2024-093 [5-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT: Ben Reynoso and Damon Alexander

18. Peace Officer Housing Incentive Program
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the report and presentation regarding the potential for a Peace Officer Housing Incentive Program for all full-time sworn staff.

Council Member Sanchez expressed concern on the loan forgiveness due to the lack of details on the process in the staff report. He also requested the cost of including all employees in the program.

City Manager Charles Montoya asked to pull the item and review each Council Member's recommendations.

Council Member Ibarra recommended offering down payment assistance to first time home buyers and adding all city staff, as well as loan forgiveness incentive for doctors and nurses.

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Mayor and City Council of the City of San Bernardino Page 13 Council Member Figueroa asked if the city is responsible for the difference in the interest rate and if the program could be terminated by the direction of the City Council, not by the City Manager.

City Manager Charles Montoya explained that staff will look into the interest rate, and termination of the program will be up to the City Council, but the termination of an individual in the program could be done by the City Manager.

The item was pulled by staff and will return after review of Council Member recommendations.

19. Contract Amendment for PlaceWorks for the preparation of the City’s General Plan Update and other related documents (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a contract amendment for PlaceWorks in the amount not to exceed $634,825.09.

Gabriel Elliott, Director of Community Development and Housing, announced that the attachments in the staff report contained an incorrect statement. The PowerPoint and contract amendment should state that the dollar amount shall be increased by $634,821.09 instead of shall not exceed $634, 825.09.

Director of Community Development and Housing Gabriel Elliott gave the presentation.

At this time, there was a discussion to extend the meeting.

City Attorney Sonia Carvalho announced the meeting rules and the Resolution No. 2024-029 adopted February 21, 2024, stating that all meetings are scheduled to terminate at 10:00 p.m., and at 9:00 p.m., the City Council must determine which items on the agenda they want to discuss prior to 10 p.m. A majority vote of the City Council is required to extend the meeting beyond 10 p.m. to discuss specific items.

There was a motion by Council Member Sanchez to only discuss Item No. 19 and continue the remaining items to the next meeting on May 15, 2024. Council Member Figueroa seconded the motion.

RESULT: DISCUSS ITEM NO. 19 AND CONTINUE THE REMAINING ITEMS NO. 20, 21, AND 22 TO THE NEXT MEETING [4-1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Calvin
NOES: Sandra Ibarra
ABSENT: Ben Reynoso and Damon Alexander
The Mayor and City Council continued to discuss Item No. 19.

Council Member Ibarra asked who had approved additional contracts for the additional work done by PlaceWorks.

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Mayor and City Council of the City of San Bernardino Page 14 City Manager Charles Montoya commented that the approval was done before his appointment.

Council Member Sanchez suggested that staff should have included an itemized list of how the four million dollars were spent.

Woody Allen, PlaceWorks, explained the changes in the housing element laws that increase the contract's cost.

Mark Hoffman, Associate Principal, PlaceWorks described the major documents that were approved by Housing and Community Development (HCD) and required amendment, the Group Home Technical Advisory Memorandum, and Emergency Shelter.

Council Member Calvin asked PlaceWorks if there would be new laws in the state regarding the Housing Element that could cost the city more money.

Mark Hoffman explained that once the Housing Element is adopted and rezoned, any new laws would not affect the city because the Housing Element would be considered compliant.

Woody Allen, PlaceWorks, stated that the any additional cost would only be added if PlaceWorks did not receive what is required from the city and their work is delayed.

RESULT: APPROVED STAFF’S RECOMMENDATION [4-1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Calvin
NOES: Sandra Ibarra
ABSENT: Ben Reynoso, Damon Alexander

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, May 1, 2024, at 10:22 p.m., in memory of Aaron Michael Mlynarski, a member of the community.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, May 15, 2024, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

By:_________________________
Genoveva Rocha, CMC
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Notice and Call of the General Municipal Election RunOff (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the General Municipal Run-Off Election on Tuesday, November 5, 2024:

1. Adopt Resolution No. 2024-118 calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the San Bernardino City Charter;

2. Adopt Resolution No. 2024-119 requesting the Board of Supervisors of the County of San Bernardino consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on the same date pursuant to section 10403 of the Elections Code;

3. Adopt Resolution No. 2024-120 adopting regulations for Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 5, 2024.

Executive Summary
Adopt the resolutions associated with the City of San Bernardino November 5, 2024, General Election calling the Election, requesting the consolidation of the Election with the Statewide General, and regulations for candidate statement.

Background
Pursuant to Article 8, Section 800, of the City Charter, the primary and general municipal election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities.

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The City participated in the statewide Primary Election on March 5, 2024. The election results were provided to City staff on April 5, 2024, from the County of San Bernardino Registrar of Voters.

The following offices were subject to election in the March 2024 Primary Election:
• Third Ward Council Member
• Fifth Ward Council Member
• Sixth Ward Council Member
• Seventh Ward Council Member
As the result the following offices are subject to a run-election in November:
• Fifth Ward Council Member
• Seventh Ward Council Member
Discussion
Pursuant to Section 10400 of the Election Code, the Mayor and City Council of the City of San Bernardino must request that the Board of Supervisors of the County of San Bernardino consolidate the City’s municipal election with the consolidated Statewide General Election to be held on Tuesday, November 5, 2024. Further, the County requires a resolution from the City of San Bernardino authorizing the San Bernardino County Registrar of Voters to conduct the election and canvass the returns. The County will provide most of the election services. The City Clerk will be responsible for providing and transmitting the necessary documents to the County to hold the election and provide for receipt of all candidates’ statements and related documents, including dissemination of information to prospective candidates. The candidate nomination period will begin on Monday, July 15, 2024, and will end on Friday, August 9, 2024.

Results to the general election shall be certified by the Mayor and City Council of the City of San Bernardino.

Pursuant to section 103307 and 13308 of the California Elections Code each Candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidate’s statement with the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate’s education and qualifications expressed by the candidate himself or herself. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be limited to a recitation of candidate’s own personal background and qualifications and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The Mayor and City Council can direct staff to increase the number of words in the statement from 200 to 400 words.

Approval from the Mayor and City Council will result in the scheduling of the General Municipal Election on Tuesday, November 5, 2024, for two (2) Members of the City Packet Page. 494
Council for Wards 5 and 7, to the voters of the City.

As the City’s Election Office, the City Clerk is to be directed to publish a notice of the general election which shall contain the following:

A. The time of the election.

B. The offices to be filled, specifying full or short term.

C. The hours the polls will be open.
2021-2025 Strategic Targets and Goals
Adopting the Resolutions associated with the 2024 General Election aligns with Key Strategic Target Goal No. 1a: Establish a clear policy direction and predictable organization structures.

Fiscal Impact
There is no fiscal impact with this item. As the election develops, any impact to the General Fund will be brought forward for Council consideration and approval.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the General Municipal Election on Tuesday, November 5, 2024:

1. Adopt Resolution No. 2024-118 calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the San Bernardino City Charter;

2. Adopt Resolution No. 2024-119 requesting the Board of Supervisors of the County of San Bernardino consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on the same date pursuant to section 10403 of the Elections Code;

3. Adopt Resolution No. 2024-120 adopting regulations for Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 5, 2024.

Attachments
Attachment 1 Resolution No. 2024-118 – Noticing and Calling the General Election Municipal Election
Attachment 2 Resolution No. 2024-119 – Requesting to Consolidate the General Election with the County Board of Supervisors
Statewide General Election
Attachment 3 Resolution No. 2024-120 – Establishing a Candidate Statement Policy
Ward:

All Wards
Synopsis of Previous Council Actions:

None
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Resolution No. 2024-118
Resolution 2024-118
June 5, 2024

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