Agenda packet — Mayor and City Council, August 21, 2024 (part 2 of 2)

Finding of Fact: The Cajon Creek Consolidated Quarry Reclamation Plan was reviewed and conditioned for compliance with State mining regulations. The Cajon Creek Consolidated Quarry Reclamation Plan was also reviewed and accepted by the California Department of Conservation Division of Mine Reclamation as being compliant with SMARA Mining Regulations.

Finding No. 3: That the Reclamation Plan and potential use of reclaimed land pursuant to the plan are consistent with this Chapter and the City’s General Plan and any applicable resource plan or element.

Finding of Fact: The Cajon Creek Consolidated Quarry Reclamation Plan and potential end use of lands disturbed and reclaimed in compliance with the Cajon Creek Consolidated Quarry Reclamation Plan, as conditioned, are consistent with the Development Code and General Plan.

Finding No. 4: That the Reclamation Plan has been reviewed pursuant to CEQA and the City’s environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.

Finding of Fact: In accordance with Section 15063 of the California Environmental Quality Act (CEQA), the environmental impacts were previously analyzed and certified by the 1993 and 2020 Final EIRs in conjunction with the approval of the City of San Bernardino’s CalMat/Cajon Creek Specific Plan (1993 EIR) and the County of San Bernardino’s Area Q (2020 EIR). The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the certified 1993 and 2020 Final EIRs, and all mitigation measures previously adopted with the certified Final 1993 and 2020 EIRs and the Addendum are incorporated herein by this reference.

Furthermore, the project will continue operations consistent with the projects that were previously analyzed in the 1993 and 2020 EIRs, with some minor variations. Therefore, the Addendum is appropriate and in compliance with CEQA to account for the minor technical changes or additions to previously analyzed projects. All significant adverse impacts from reclamation of the surface mining operations are mitigated below a level of significance or to the maximum extent feasible as provided in the Addendum
Finding No. 5: That the land and/or resources such as water to be reclaimed will be reclaimed to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbance to resource value.

Finding of Fact: Affected lands will be reclaimed to a condition compatible with, and blending with, the surrounding natural environment, topography, and other Packet Page. 586
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open space resources as identified in the Cajon Creek Consolidated Quarry Reclamation Plan. Financial Assurances and annual mine inspections pursuant to SMARA will take place to ensure this occurs. Groundwater resources will also be monitored and mitigated should related disturbance to this resource occur.

Finding No. 6: That the Reclamation Plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan.

Finding of Fact: The Cajon Creek Consolidated Quarry Reclamation Plan, as conditioned, along with annual mine inspections pursuant to SMARA will ensure reclamation of the mined lands return to a usable condition that is readily adaptable for alternative land uses consistent with the County and City’s General Plan.

Finding No. 7: That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that Department. Where the City’s position is at variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted.

Finding of Fact: The Cajon Creek Consolidated Quarry Reclamation Plan is a combined project between the City and County of San Bernardino and has been reviewed and accepted by both jurisdictions. Acting as Lead Agency for SMARA, the County of San Bernardino sent a letter to the Department of Conservation on July 21, 2023. To date no response has been received in objection of the Reclamation Plan.

SECTION 5. – Conditions of Approval. The Project is hereby approved, subject to the following Conditions of Approval:

1. This is a request and approval to amend Conditional Use Permit 91-31/Reclamation Plan and the CalMat/Cajon Creek Specific Plan’s Design Guidelines governing mining depths and areas; and, allow the consolidation of the City’s Reclamation Plan with the County of San Bernardino’s Reclamation Plan to establish a combined and updated Amended Reclamation Plan allowing for the continuation of an aggregate mining operation within the San Bernardino County Area Q and City of San Bernardino Areas K, L, M, and N on a property comprise of thirty-three (33) parcels containing approximately 530.5 acres within the Specific Plan – CalMat/Cajon Creek (SP-CC) Industrial Extractive and Industrial Light zone. The project site is located on the Southwest of Cajon Boulevard between Institution Road to the north and Devils Creek Diversion Channel to the south.

2. The surface mining and processing operations shall be conducted in accordance with the Specific Plan – CalMat/Cajon Creek (SP-CC) 90-01 approved under Specific Plan Packet Page. 587
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Amendment 23-02 and Conditional Use Permit Revision 23-11/Reclamation Plan. The Reclamation approval shall be effective from the time of approval for 70 years. Final reclamation and monitoring will require an additional 5 years to complete. At the conclusion of all mining activities, the site will be reclaimed to vacant open space and support wildlife habitat.

3. The project shall be subject to all mitigation measures contained within the Mitigation Monitoring and Reporting Program and incorporated by reference as conditions of approval.

4. A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural Resources” and “Tribal Cultural Resources”) shall be completed for operations in Area K by an archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards and submitted to the Lead Agency for dissemination to the Yuhaaviatam of San Manuel Nation’s Cultural Resources Department (YSMN). Once all parties review the plan, it shall be adopted by the Lead Agency. The plan must be adopted prior to disturbance in Area K. Any and all findings in Area K will be subject to the protocol detailed within the Monitoring and Treatment Plan.

5. Within two (2) years of the approval of the Conditional Use Permit, commencement of mining and/or mining related activities shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of mining related activities, any one of the surface mining operations becomes idle, the owner/applicant shall file and interim management plan with the City within 90 days.

6. Vesting of mining and processing rights within the area covered by Conditional Use Permit (CUP) Revision 23-11 to Conditional Use Permit 91-31 will occur upon initiation of work (site preparation, mining, landscaping, construction for windbreaks, etc.).

7. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items, thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with the provisions of the Specific Plan – CalMat/Cajon Creek (SP-CC) 90-01 area.

8. As may be required, within two (2) years of the effective date of approval of Conditional Use Permit (CUP) Revision 23-11 to Conditional Use Permit 91-31, the applicant shall apply for other applicable agency permits/approvals. The applicant shall either submit copies of all applicable agency permits or approvals or provide written verification that applicable agency permits or approval have been issued or granted.

9. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter.

Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (“City”), any departments, agencies, divisions, boards and/or commissions of the City, and any predecessors, successors, assigns, agents, directors, elected officials, Packet Page. 588
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officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs or attorneys’ fees which the City may be required by a court to pay as a result of such action, but such participation shall no relieve applicant of his or her obligations under this condition.

The applicant further agrees to reimburse the City for any costs and attorneys’ fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition.

10. The applicant/operator shall ascertain and comply with the requirements of all County, City, State, and Federal agencies as may be applicable to the project. These include, but are not limited to the following: San Bernardino County Departments of Land Use Services, Public Health, Environmental Health Services, Public Works, Fire Department, South Coast Air Quality Management District (SCAQMD), Santa Ana Regional Water Quality Control Board (RWQCB) Region 4, State Fire Marshal, Environmental Health Services, California Department of Fish and Wildlife (CDFW) Region 6, U.S Fish and Wildlife, Army Corp of Engineers, State Mining and Geology Board, California Department of Conservation, California Occupational Safety and Health Administration (OSHA), and the Mine Safety and Health Administration (MSHA).

11. This approval and all subsequent permit(s) shall be subject to the provisions of the CalMat Cajon Creek Specific Plan (SP 90-01) as revised under Specific Plan Amendment 23-02 and to all provisions of the Development Code in effect at the time of approval.

12. A new application for development permits for mining and mining relates activities, future tentative maps or parcel maps, or other land use entitlements that are not part of this approval (Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23-11 to Conditional Use Permit 91-31) shall be required and shall not be approved unless consistent with the adopted Specific Plan – CalMat/Cajon Creek (SP-CC) 90-01

13. New proposals for surface mining activities, related land uses and/or aggregate processing operation not otherwise addressed in the adopted CalMat Cajon Creek Specific Plan (SPCC) 90-01 as revised and approved under Conditional Use Permit (CUP) Revision 23-11 to Conditional Use Permit 91-31 shall require the filing and approval of a new Conditional Use Permit.

14. Commencement of any new surface mining operation or mining related activity not proposed under Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23- 11 to Conditional Use Permit 91-31 shall require the owner/applicant to submit an application for a Development Permit for site plan review to ensure consistency with the Specific Plan and Conditional Use Permit/Reclamation Plan and compliance with applicable Planning Area Regulations and Design Guidelines and EIR Mitigation Measures pursuant to the Mitigation Monitoring and Reporting Program. The Development Permit Packet Page. 589
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may be subject to any additional Conditions of Approval and Standard Requirement of the City, as applicable.

15. Aggregate Processing Plants. The following processing facilities are permitted at Areas N and M under Conditional Use Permit Revision 23-11 to Conditional Use Permit 91-31 consistent with previously issued Development Permits:
a. Aggregate Processing Plant
b. Asphaltic Batch Plant
c. Ready-Mix Concrete Plant
d. Recycled Asphalt and Concrete Plant.

16. This owner/applicant shall ensure there is a visual barrier in accordance with the CalMat Cajon Creek Specific Plan (SP-CC) 90-01 guidelines along the north sides of Areas L and M and the east side of Area K between the aggregate processing plant and the surrounding land uses.

17. All structures subject to the provisions of the CalMat Cajon Creek Specific Plan (SP-CC) 90-01 shall be designed to accommodate a 100-foot setback from the CalNev Pipeline or any other pipeline as defined in Section 19.20.030(12)(E) of the Development Code. This setback may be reduced, where the Director finds that:
a. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;
b. 100-foot setback would be impractical or unnecessary because of existing topography, streets, lot lines, or easements; and,
c. There shall be construction of a hazardous liquid containment system or other mitigating facility where the City Engineer finds that a leak would accumulate within the reduced setback area. The design shall be approved by the City Engineer and a surety instrument shall be approved by the City Attorney to ensure the construction of the system.

18. The current and future owner(s)/applicant(s) of property located in the CalMat Cajon Creek Specific Plan (SP-CC) 90-01 area that is within the 500 feet of the CalNev Pipeline or any other pipeline, as defined in Section 19.20.030(12)(E) of the Development Code, shall notify a new owner(s) at the time of purchase agreement and at the close of escrow of the location, size, and type of pipeline.

19. Pursuant to the Alquist-Priolo Special Study Zone requirements, no structure for human occupancy shall be permitted within 50 feet of an active or potentially active fault trace.

Sensitive and High occupancy structures as defined in the General Plan shall maintain a minimum of 100-foot setback.

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20. The surface mining operator or landowner shall maintain a bond or other financial assurance with the Lead Agency pursuant to the requirements of the SMARA. The amount of each bond or other financial assurance shall be adequate to ensure that the City or the State and/or Lead Agency can reclaim the mined lands, pursuant to the approved reclamation plan. Bond or financial assurance amounts shall be reviewed annually and, if necessary, adjusted to reflect changes in the cost of reclamation (as reflected in the Construction Cost Index or other generally used index), decreased for lands reclaimed in the previous year to the satisfaction of the City, and increased for lands to be disturbed in the next year.

21. The owner/applicant shall timely submit an annual report (MMRC-2) to the Lead Agency with the appropriate fees and a request for an annual inspection pursuant to the SMARA.

22. Annually, the applicant shall submit a written report to the City demonstrating compliance with all the Conditions of Approval for Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23-11 to Conditional Use Permit 91-31 and with the Mitigation Measures outlined in the Mitigation Monitoring and Reporting Program, as applicable.

This shall be completed in conjunction with the actions required by Condition of Approval No. 21.

23. A permit may be required from the San Bernardino County Flood Control District for any encroachment onto Flood Control District right-of-way.

24. All active mining areas within the CalMat Cajon Creek Specific Plan (SP-CC) 90-01 area shall be posted with “No Trespassing” signs placed no further than 100 feet apart. Said “No Trespassing” signs shall be maintained to the completion of the surface mining operation and reclamation.

25. Six (6) foot high fences shall be erected around the perimeter of active aggregate mining operations, processing plant sites and related mining activities as required by the applicable Planning Area Regulations in the CalMat Cajon Creek Specific Plan (SP-CC) 90-01 and with the addition of a barbed wire in accordance with Section 19.20.030 (8)(E) of the City’s Development Code; however, fencing in Area K may be erected to the west of the existing vegetated berm. The fences shall be always maintained until such operations cease or are completed.

26. Mining operations shall comply with the safety requirements of MSHA, OSHA, the State of California Department of Industrial Relations Mine Safety Orders.

27. Extraction activities and aggregate processing may occur anytime between 6:00 a.m. and 10:00 p.m., Monday through Saturday; however, extraction activities shall not exceed a total of 12 hours per day. An allowable exception to these hours would be operations in response to an emergency to protect life or property, or in response to the requirements of government agencies beyond the control of the operator.

Maintenance activities may be conducted anytime.

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28. No mining or processing operations shall be conducted on Sundays or holidays, although maintenance activities may occur any time.

29. At no time shall there be any blasting, dynamiting or use of explosives of any kind whatsoever on the premises.

30. No open burning of the premises shall occur at any time.

31. The owner/applicant shall continue to maintain the installed well in Planning Area M and conduct periodic testing for water quality and depth.

32. When average hourly wind speeds equal or exceed 25 miles per hour (mph), surface mining and processing operations shall be conducted in accordance with the High Wind Response Plan (HWRP). A minimum of two (2) anemometers shall be installed in the excavation and processing plant areas (one each) to monitor and determine wind speeds. This shall be completed in conjunction with the actions required by Condition of Approval No. 21 and

22. 33. The owner/applicant or operator shall comply with the requirements of the South Coast Air Quality Management District (SCAQMD) air quality permits, which must be secured prior to commencement of mining or processing activities.

34. All access roads on site, which will not be retained for post-operation uses, shall be reclaimed at the conclusion of ground-disturbing activities.

35. Minor Modifications to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the re-filing of the original application.

This may include any substantial deviation of these facilities or an increase in the developed area of the site from that shown on the final approved Mining and Reclamation Plan will require submission of an additional application for review and approval.

36. If construction of inhabited structures is proposed, a geology report shall be submitted to the Building and Safety Division for review fees paid for the review prior to issuance of grading permits or land disturbance.

37. If construction of inhabited structures is proposed, a geotechnical (soil) report shall be submitted to the Building and Safety Division for review and approval prior to issuance of grading permits or land disturbance.

38. The property owner/applicant shall ensure that the use, transport, management, storage and disposal of fuels (i.e. diesel and gasoline) and other hazardous materials used for mining operations (i.e. motor oil, transmission fluids, hydraulic fluids, lubricating greases, brake fluids and/or antifreeze) are in accordance with federal, state and local hazardous materials and waste management regulations and BMPs.

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39. The property owner/applicant shall implement quarry and overburden slope designs and procedures recommendations identified in approved slope stability investigations and per SMARA requirements. Furthermore, slope inspections and monitoring shall be implemented to assure that unnecessary hazards are not created with the active or final reclaimed slopes. A qualified independent California Certified Professional Civil Engineer and/or Engineering Geologist shall complete a stability assessment of existing and new quarry development areas when deemed necessary by the County inspector. The analysis shall identify and discuss significant structural features or indications of potential instability encountered.

40. All exterior lighting shall be contained within property lines and be energy efficient, with the option to lower or reduce usage when the facility is closed.

41. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter or any other undesirable material(s). Vandalism, graffiti, trash, and other debris must be removed and cleaned up within twenty-four (24) hours of being reported.

42. If the future development requires City of San Bernardino water service. The San Bernardino Municipal Water Department Standard Requirements shall apply.

County of San Bernardino Fire Department

43. Jurisdiction. The above referenced Project is under the jurisdiction of the San Bernardino County Fire Department herein (“Fire Department”). Prior to any construction occurring on any parcel, the developer shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current Uniform Fire Code requirements and all applicable statutes, codes, ordinances and standards of the Fire Department

44. Access. The development shall have a minimum of 1 point of vehicular access. These are for fire/emergency equipment access and for evacuation routes.

45. Access – 150+ feet. Roadways exceeding one hundred fifty (150) feet in length shall be approved by the Fire Department. These shall be extended to within one hundred fifty (150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building.

46. Additional Requirements. In addition to the Fire requirements stated herein, other onsite and offsite improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office.
a. If buildings are to be constructed at a later date a plan shall be submitted to Fire.

47. Combustible Vegetation. Combustible vegetation shall be evaluated in accordance with the approved Reclamation Plan and for removal as follows:

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a. Where the average slope of the site is less than 15% - Combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less.
b. Where the average slope of the site is 15% or greater - Combustible vegetation shall be removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less.

48. Standard A-1 Fire Apparatus Access Road Design, Construction and Maintenance. This standard shall apply to the design, construction and maintenance of all new fire apparatus access roads within the jurisdiction, as well as fire apparatus access roads at existing facilities when applied at the discretion of the fire code official, as applicable.

49. Standard A-3 Gates and Other Obstructions to Fire Department Access. This standard shall apply to all obstructions, access control devices, traffic-calming devices, or other similar systems within any roadways that serve as fire access in all new or existing residential, commercial, and industrial development. This standard does not apply to obstructions within parking aisles that do not serve as fire apparatus access roads, as applicable.

50. Street Sign. This project requires an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the project. Installation of the temporary sign shall be prior any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed.

SECTION 6. Notice of Determination. The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Determination with the Clerk of the Board of San Bernardino County and the Office of Planning and Research within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.

SECTION 7. 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.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of August 2024.

Helen Tran, Mayor
City of San Bernardino
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Attest:

Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
_
Sonia Carvalho, City Attorney
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CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-184, adopted at a regular meeting held on the 21st day of August 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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RECLAMATION PLAN

CAJON CREEK CONSOLIDATED QUARRY MINE RECLMATION PLAN
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 21, 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 Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:

1. April 5, 2023, Special Closed Session Meeting of the Mayor and City Council

2. April 5, 2023, Regular Meeting of the Mayor and City Council

3. April 19, 2023, Regular Meeting of the Mayor and City Council

4. August 18, 2023, Special Closed Session Meeting of the Mayor and City Council

5. August 21, 2023, Special Closed Session Meeting of the Mayor and City Council Packet Page. 652
Mayor Helen Tran
City of San Bernardino Council Members
201 North E Street Theodore Sanchez
San Bernardino, CA 92401 Sandra Ibarra
http://www.sbcity.org Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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 5, 2023
5:00 PM
The Special Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:01 PM by Mayor Helen Tran on Wednesday, April 5, 2023, 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 Absent
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
Thomas Rice Assistant City Attorney Present
Genoveva Rocha City Clerk Present
Courtney Bowen Deputy City Clerk Present
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Special Meeting Minutes April 5, 2023
Mayor and City Council of the City of San Bernardino Page 2 5:00 P.M.

CLOSED SESSION PUBLIC COMMENT
Treasure Ortiz spoke about the City Manager recruitment, the Carousel Mall property.

She stated that the whole country is watching the City. She also stated that BB&K (Best, Best, & Krieger) attorneys should be terminated as City Attorneys.

Paula Plunk commented about the Carousel Mall property and developing a “river walk” in Downtown.

The following remote public comment was then heard via Zoom:

The speaker, name unintelligible, asked that RDICO (Renaissance Downtown USA/ICO Real Estate Group) remain the primary redeveloper of the Carousel Mall property. He also asked the Mayor and City Council to carefully consider the next City Manager candidate.

At the conclusion of Public Comments, Assistant City Attorney Thomas Rice, made an announcement that per the Brown Act, the city is responsible for stating the Facts and Circumstances surrounding Item B of Closed Session. He stated that the Facts and Circumstances were that the City received a Notice of Violation from HCD (Housing and Community Development), which was detailed in the public Staff Report for Item No. 25 of the April 5, 2023 Regular Meeting Agenda.

CLOSED SESSION

A) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2): One Item

B) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: Carousel Mall Property, 43 acres
Agency Negotiator: Charles McNeely, Interim City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group) Under Negotiation: Price and Terms
C) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager (Recruitment Process)

CLOSED SESSION REPORT
Assistant City Attorney Rice stated that the City Council gave staff direction to staff regarding the Closed Session Items, but there was no reportable action.

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Mayor and City Council of the City of San Bernardino Page 3

ADJOURNMENT
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 April 5, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401 at 7:08 p.m. Open Session was scheduled to begin at 7:00 PM.

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 5, 2023
7:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:12 PM by Mayor Helen Tran on Wednesday, April 5 2023, 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 Absent
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 McNeely Interim 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 7:00 PM

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Paul E. Jones of Independent Trinity Benjamin E. Jones Community Resource Center led the Invocation and Jazmyn Goumashyan of Cajon High School led the Pledge of Allegiance to the Flag.

At this time, Mayor Tran re-ordered the agenda. The ‘City Manager Update’ and ‘Mayor and City Council Updates/Reports on Conferences and Meetings’ were heard after ‘Items to be Considered for Future Meetings’. ‘Presentations’ were heard before ‘Public Comments.’

PRESENTATIONS

1. Proclamation for Volunteer Appreciation Month in the City of San Bernardino – April 2023 (All Wards)
Parks and Recreation staff members accepted the proclamation.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mayor Tran announced that due to the fact that there were 67 public comment requests received, each speaker would be limited to one minute and 30 seconds, in accordance with Resolution No. 2018-81.

Deany Gallaher (phonetic spelling), expressed thanks to the Parks and Recreation department for planning family-oriented events. She also stated that the City needs to prepare for disasters such as what happened in the local mountain areas after the recent storm.

Prophet Dominic Antonez stated that there are many homeless people at Seccombe Lake. There are also many squirrels, which can spread disease.

Frank Montes informed that many citizens have trouble contacting their council members. He stated that he reached out to Council Member Sanchez and was dismissed.

Paul Sanborn said that San Bernardino is the Number 3 dirtiest city in the Country. He stated that the City should hire people to clean up the streets.

Shania Hill, Christian Flores, Shannin Schmitt, Amy Keith, Nicolette Maccanico, Robert Ortega, Vanessa Perez, Angie Rodriguez, Melanie Tillman, Lizzy Vancil, Marquita Hershkovitz, Sha-Ron Sauers, Anna Ramirez, Arianna Guerrero, Sarina Hill, Desiree Sanchez, Deborah Richardson, Debra J., and Nathan Kael all spoke in favor of Item No.

27. They supported repealing the Multi-Family Housing Crime Prevention Program, Ordinance No. MC-1351.

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Mayor and City Council of the City of San Bernardino Page 3 Paula Plunk stated that people are being bullied in Closed Session, and that the City Council is taking citizens’ money and allowing the Consent Calendar to be “weaponized”.

Silver Montero spoke about the housing crisis in San Bernardino. He also mentioned the violation notice received from the Department of Housing and Community Development (HCD) regarding the Carousel Mall property. He wants to see the Downtown area revitalized and would like a Community Benefits Agreement with the developer.

Victor Beacham, Assistant Director for Operation New Hope, informed that his organization has a three-year contract with the City for a youth reinvestment program.

His program has helped to reduce crime and prevent substance abuse amongst youth.

Treasure Ortiz spoke about the violation notice received by the City from HCD. She stated that BB&K is failing as the City Attorney.

Terry Washington commented that he is a local boxer from San Bernardino and qualified for the Olympic Trials in December. He wanted to let other youths know that if he can do it, they can do it too.

Barbara Sky stated that San Bernardino is an embarrassment to the Inland Empire.

Alfred Palazzo said that he has a list of many ideas to share for rebuilding the City, including housing and economic development.

Ian Franklin, founder of Project Fighting Chance, informed about his amateur boxing program and what they offer for children.

Eliana Rodriguez spoke in support of Project Fighting Chance and said that her daughter Rachel is a State boxing champion.

Douglas Cameron stated that the traffic lights on Highland Avenue and Baseline St. should have a 5 to 10 second delay between red and green lights because there are lots of accidents on these streets.

Dave McCammack, business owner, stated that a potential commissioner took down other people’s political signs and should not be a commissioner.

Paul Jones, Pastor of Independent Trinity, stated that his church feeds 2,000 families in the City each month. They started a program in January to help seniors and the homeless with food, showers, and other assistance.

Terry Boykins, Executive Director of Project Fighting Chance, encouraged support of youth mental wellness. He asked for the public’s support of Project Fighting Chance.

Dolores Armstead said that the Planning Commission passed a resolution to not allow crushing and grinding of concrete in the City. These activities are not good for the citizens of the City.

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Mayor and City Council of the City of San Bernardino Page 4 Richard Hernandez stated that he recently moved to San Bernardino. He is concerned about police response time and the number of potholes in the City.

Dejonae Shaw, on behalf of United Steelworkers, commented that many residents are struggling to buy homes or pay rent. He stated that San Bernardino is experiencing a housing crisis.

Sarena, on behalf of Jevonee Smith, expressed support for Project Fighting Chance.

Martha Romero with Something Better for San Bernardino asked that the City move forward and continue with the Carousel Mall property development.

Sonya Gray-Hunn, housing organizer, asked that affordable housing be built on surplus land. She also spoke in support of Item No. 27.

Celene Perez commented about Item No. 25. She states that an ENA (Exclusive Negotiating Agreement) does not need to be in place to move forward with development. She asked for 25% of the development to be affordable housing.

Robert Porter stated that he has lived in San Bernardino for 47 years and recently there has been a large increase of complaints in the City. Some issues include homelessness, potholes, and the Carousel Mall development.

Kath Rogers, attorney with the ACLU, commented that affordable housing is desperately needed in the City. She also spoke in favor of Item No. 27, repealing Ordinance MC-1351.

Ra’Sheeda Ballard spoke in support of Project Fighting Chance.

Luis Ojeda advised that street vendors should come to his events on Court St., and he will help them get permits for their business.

Mike Hartley asked for more street sweeping to be done throughout the City.

Nohemi Lopez stated that there are lots of marginalized people in San Bernardino and they deserve affordable housing.

Ryan Stanly, Owner and Creative Director of the Enterprise Building, announced the 96th anniversary celebration of his building on May 12th and 13th, 2023. He asked that the City continue to work with RDICO to develop the Carousel Mall property.

Allen Stanly, Co-Owner of the Enterprise building, stated that they have small businesses in their building, and that the City was struggling when they came here.

Georgia Lykouretzos expressed that she hopes the plan for homelessness includes something to help their animals.

Clementina Pina Bernal commented that the City made a mistake by electing Mayor Tran.

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Mayor and City Council of the City of San Bernardino Page 5 Ricardo Cisneros, Inland Empire Labor Council, spoke in support of more affordable housing.

David E. appreciates the work being done with the Mt. Vernon Bridge and supports being able to grind concrete in the city.

Amy Malone said she recently moved to the City, and she would like the City to become more like how it used to be when people took pride in living here.

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

Jennifer Tilton, Inland Fair Chance Coalition, spoke in favor of Item No. 27.

Stevonna Evans also asked the City Council to approve Item No. 27.

Constance S. stated that the Mayor’s appointment of Commissioner Tim Prince is wrong because he has abused his power in the past.

Three additional remote speakers were called upon but did not answer.

City Clerk Rocha announced that the Mayor and City Council had been provided with additional written comments received prior to the meeting.

APPOINTMENTS
There was a consensus from the council to take a single vote for Item No. 2 through Item No. 17.

Council Member Sanchez pulled Item No. 6 for more discussion and a separate vote.

Assistant City Attorney Thomas Rice made an announcement that the Mayor would also be voting on the appointments, as required by the Charter, and that each appointment requires five affirmative votes.

Council Member Figueroa suggested that criteria should be met to be appointed as a commissioner.

RESULT: APPROVED ITEMS NO. 2 THROUGH NO. 17. ITEM NO. 6 WAS PULLED FOR DISCUSSION AND A SEPARATE VOTE [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra
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2. Public Safety and Human Relations Commission Appointment of Byron J. Sims (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra

3. Public Safety and Human Relations Commission Appointment of Kimberly Knaus (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra

4. Downtown Advisory Committee Appointment of Amanda M. Moody (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra

5. Measure S Citizens Oversight Committee Appointment of Mark Baxter (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra

6. Charter Review Appointment of Timothy Prince (Mayor’s Appointment) Council Member Sanchez expressed that Timothy Prince previously wrote an opposition to the current City Charter and he supports a “strong mayor” form of government. He stated that he didn’t know how he would vote on this item, but he wanted to let everyone know why he questioned this appointment.

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Mayor and City Council of the City of San Bernardino Page 7 RESULT: APPROVED [7-0]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra

7. Planning Commission Appointment of Lisa Sherrick (Mayor’s Appointment) RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra

8. Planning Commission Appointment of Orlando Garcia (Mayor’s Appointment) RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra

9. Arts and Historical Preservation Commission Appointment of James Smith (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra

10. Arts and Historical Preservation Commission Appointment of Simeone N.

Miller (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra
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11. Parks, Recreation and Community Services Commission Appointment of Joe Salas (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra

12. Parks, Recreation and Community Services Commission Appointment of Nohemi Lopez (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra

13. General Plan Advisory Committee appointment of Christian T. Shaughnessy (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra

14. General Plan Advisory Committee appointment of Benjamin Pratt (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra
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15. Elected Official Compensation Advisory Board appointment of Malika Gardner (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra

16. Personnel Commission Appointment of Emily J. Gonzales (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran ABSENT: Sandra Ibarra

17. Personnel Commission Appointment of Victor M. Arellano (Mayor’s Appointment)
RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander, Tran 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.

Interim City Manager Charles McNeely advised that Item. No. 22 was being pulled and continued to the April 19, 2023 Mayor and City Council Meeting.

RESULT: APPROVED THE CONSENT CALENDAR [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

18. Resolution Approving a n Additional Extension to the Reciprocal Easement Agreement (REA) with El Corte Ingles, S.A., a Spanish Corporation (“ECI”) to Provide Parking at 300 North E Street, San Bernardino through January 31, 2024 (Ward 1)
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Mayor and City Council of the City of San Bernardino Page 10 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-051, approving an additional extension to the Reciprocal Easement Agreement (REA) with El Corte Ingles, S.A., a Spanish Corporation (“ECI”) for parking through January 31, 2024, and finding the action exempt from CEQA.

RESULT: ADOPTED RESOLUTION 2023-051 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

19. Approve Amendment No. 2 to the Joint Exercise of Powers Agreement for the Inland Valley Development Agency, updating the structure, titles, and elections of its officer positions (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 2 to the Joint Exercise of Powers Agreement for the Inland Valley Development Agency, updating the structure, titles, and elections of its officer positions.

20. 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 2023.

21. Resolution Opting City into Additional National Opioid Settlements (All Wards) Recommendation
Adopt Resolution No. 2023-052 of the Mayor and City Council of the City of San Bernardino, California, Authorizing the City Manager to Enter into the Settlement Agreements with Walgreens Co., Walmart, Inc., CVS Health Corporation/CVS Pharmacy Inc., Teva Pharmaceutical Industrials Ltd., and Allergan Finance Packet Page. 665
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Mayor and City Council of the City of San Bernardino Page 11 LLC/Allergan Limited, Agreeing to the Terms of the State Subdivision Agreements, and Authorizing Entry into the State Subdivision Agreements with the Attorney General.

RESULT: ADOPTED RESOLUTION 2023-052 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

22. Amendment 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 designee to execute:

1. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Karen Cervantes v.

John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538;

2. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Matthew Brown v.

John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2025900;

3. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Don Smith v. John Valdivia, City of San Bernardino, et al., San Bernardino Superior Court Case No.

CIVDSB2025375;

4. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562;

5. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for the representation in the Mirna Cisneros v.

John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926; THIS ITEM WAS CONTINUED TO THE APRIL 19, 2023 MEETING.

23. Adoption of Ordinance No. MC-1614 (Annexation 33) (Ward 3) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1614 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 12 RESULT: ADOPTED ORDINANCE NO. MC-1614
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

24. Adoption of Ordinance No. MC-1615 (Annexation 34) (Ward 3) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1615 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: ADOPTED ORDINANCE NO. MC-1615 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

DISCUSSION

25. Receive and File update regarding a Notice of Violation received from the State’s Housing and Community Development Division regarding the City-owned former Carousel Mall property. (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council receive and file an update regarding a Notice of Violation (NOV) received from the State’s Housing and Community Development Division (HCD) regarding the City-owned former Carousel Mall property.

Donald Monti from Renaissance Downtowns/ICO Real Estate was present. He stated that he wanted to reinforce his commitment to the City as the Master Developer of the Carousel Mall property.

Director of Community and Economic Development Nathan Freeman provided a presentation regarding the Notice of Violation the City received from the State.

Council Member Calvin, Chair of the Ad Hoc Committee for the project, stated that the committee was not kept up to date, and she believed that the project was moving forward.

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Mayor and City Council of the City of San Bernardino Page 13 RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

PUBLIC HEARING

26. Public Hearing on Annexation No. 29 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. 2023-053 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. 29) ; and

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

4. Adopt Resolution No. 2023-054 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. 29) ; and

5. Introduce, read by title only, and waive further reading of Ordinance No.

MC1616 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 annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1616 for April 19, 2023.

Mayor Tran opened the public hearing at 9:52 p.m.

The Mayor and City Council did not request the staff presentation.

There were no public speakers or requests to speak. There were no protests received.

The public hearing was closed at 9:53 p.m.

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Mayor and City Council of the City of San Bernardino Page 14 RESULT: ADOPTED RESOLUTION NO. 2023-053 [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
RESULT: ADOPTED RESOLUTION NO. 2023-054 [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
RESULT: INTRODUCED ORDINANCE NO. MC-1616 [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

27. Consider Repeal of MC-1351 Crime Free Multi-Housing Ordinance (All Wards) – Council Member Reynoso
An announcement was made by the City Clerk that the agenda had a typographical error in the title which read “Appeal” but should have read “Repeal”.

RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING
[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
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28. Comprehensive review of the City’s youth programs and their funding sources, brought to Council as a discussion item (All Wards) – Council Member Sanchez
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING
[6-0]
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

CITY MANAGER UPDATE
At this time, the City Manager made comments regarding the development of the Carousel Mall. He acknowledged that there had been some mistakes made by staff, but they can be fixed. He stated that everyone needs to work together to move Downtown and the community forward.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Council Members Figueroa, Calvin, Alexander and Mayor Tran reported on their attendance at the National League of Cities Conference in Washington D.C.

ADJOURNMENT
The Regular Meeting of the Mayor and City Council was adjourned on Wednesday, April 5, 2023, at 10:23 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, April 19, 2023, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. 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 19, 2023
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 Helen Tran on Wednesday, April 19, 2023, 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 Absent
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 McNeely Interim City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk 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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Mayor and City Council of the City of San Bernardino Page 2 5:30 PM

CLOSED SESSION PUBLIC COMMENT
Paula Plunk commented that John Valdivia should not be represented by the City in court. She also stated that residents of the City are getting stronger every day, and they are not stupid.

At this time, the following remote speaker was heard via Zoom:
(Unintelligible name) stated that John Valdivia’s court cases should not be settled. She said that RDICO has a negotiating agreement with the City regarding the Carousel Mall property and should be allowed to negotiate in good faith.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2013562
ii. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538
iii. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926
iv. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVSB2025375
v. Matthew Brown v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2025900
vi. Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802; 4th District Court of Appeal Court Case No.

E078346; and 4th District Court of Appeal Case No. D080378 vii. Sedna Mosley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209
viii. Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2100620
ix. Steve Desrochers v. City of San Bernardino, Workers’ Compensation Case Nos. ADJ13403664; ADJ9986948; ADJ7808777; ADJ8412423; ADJ2593098; and ADJ4644505
B) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item
C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8
Property: Carousel Mall Property, 43 acres
Agency Negotiator: Charles McNeely, Interim City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group) Under Negotiation: Price and Terms
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Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 3 7:00 PM

INVOCATION AND PLEDGE OF ALLEGIANCE
Council Member Damon Alexander led the Invocation and Girl Scouts Troop #1419 led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that there were three items on the agenda for Closed Session. Item ‘A’ was discussed, and the Mayor and City Council would return to Closed Session at the conclusion of the Open Session to discuss items ‘B’ and ‘C’.

At this time, Mayor Tran re-ordered the agenda. ‘Presentations’ were heard before ‘Public Comments.’

PRESENTATIONS

1. Recognizing and Honoring Arbor Day – April 28, 2023 (All Wards) Mayor Tran presented a Proclamation to Public Works staff for Arbor Day.

2. Proclamation for National Library Week in the City of San Bernardino – April 23rd to 29th, 2023 (All Wards)
Mayor Tran presented a Proclamation to the Library Director for National Library Week.

3. Proclamation for Volunteer Appreciation Month in the City of San Bernardino – April 2023 (All Wards)
Mayor Tran presented a Proclamation to Parks and Recreation staff for Volunteer Appreciation Month.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Dave Brown expressed his opposition to grinding concrete in the City.

James Smith provided an update on community events that have occurred since the last Mayor and City Council meeting.

Al Palazzo shared some ideas he had for the Downtown area and for affordable housing.

Xandra Vaughn commented that LGBTQ youth are underrepresented in the City.

Frank Montes stated that Council Members should be more responsive to the community.

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Mayor and City Council of the City of San Bernardino Page 4 Dolores Armstead expressed support for the Carousel Mall property project. She also informed that the Planning Commission has voted against crushing or grinding concrete in the City.

Treasure Ortiz stated her opposition to crushing and grinding concrete during demolition of the Carousel Mall.

Russell Degan provided an update on the Youth Reinvestment Program.

Steve Mitchell spoke in support of Item No. 14.

Tonya Smith asked for more support and housing for the City’s homeless individuals.

Alexia Nevens requested that the homeless encampments be removed from the North End.

Anthony Neal discussed his new nonprofit agency that helps people get permits for events.

Lesa Williams stated that the homelessness problem is making the City unsafe for children because they are being taken away from their parents.

Gregory Dishman expressed support for Item No. 14.

Jose Ballesteros commented that many small businesses in the City are having trouble getting business licenses.

Peter Densmore spoke in support of the crime-free housing program. “Less” asked for Code Enforcement to check some of the vacant buildings in the City because they are a fire hazard.

Luis Ojeda suggested that the Mayor and City Council Members, staff, and directors have an honest and constructive dialogue with the residents.

Mike Hartley spoke about people dropping their animals off in the street and getting hit by cars.

Carmen Gallegos opined about fireworks, homelessness, and burned buildings.

Marquis Smith spoke in support of the crime-free housing program.

At this time, the following remote speakers were heard via Zoom:
(Name not given) spoke about the Carousel Mall project, John Valdivia’s court cases, and meeting minutes.

Georgia Lykouretzos expressed her concern for animals at the City shelter, the Carousel Mall project, John Valdivia’s court cases, and homelessness.

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Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 5 Paula Plunk asked that the Interim City Manager remove some Public Works staff members due to negligence.

CITY MANAGER UPDATE
At this time, Jeff Kraus, Public Information Officer, provided city-wide updates.

Highlights included the League of Cities Conference, local business grants, Arbor Day events, and the upcoming commencement of the Carousel Mall demolition.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Council Member Alexander, Council Member Calvin, and Mayor Tran attended the League of California Cities - City Leader Summit April 12th -13th. Council Members Shorett and Reynoso asked that the meeting be adjourned in honor of resident Ernie Garcia, namesake of the Garcia Center for the Arts, who recently passed away.

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. 8 FOR A SEPARATE VOTE [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

4. City Board, Commission, and Citizen Advisory Committee Minutes Approved in January/February/March 2023
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 January, February, and March 2023.

RESULT: APPROVED STAFF’S RECOMMENDATION [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

5. Approve a technical correction to increase the Council approved Purchase Order to NightOps Tactical by $29,529, for a total of $367,152, the cost of which is covered by Justice Assistance Grant (JAG) funds. (All Wards) Recommendation:

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

1. The City Manager to execute amendment No. 1 to the purchase agreement with NightOps Tactical Incorporated, and

2. The Agency Director of Administrative Services to increase the Council Packet Page. 675
Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 6 approved Purchase Order to NightOps Tactical by $29,529, to $367,152.

RESULT: APPROVED AMENDMENT NO. 1 TO THE 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

6. Updating Assessment Engineer's Reports – Previously Formed Landscape and Lighting Maintenance Districts (All Wards) Recommendation:

It is recommended that the Mayor and City Council adopt Resolution No. 2023-055, initiating proceedings to levy and collect assessments for FY 2023/24 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. 2023-055 (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

7. 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 2023.

8. Amendment 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 designee to execute:

1. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2012538;

2. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Packet Page. 676
Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 7 Matthew Brown v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2025900;

CIVDS2013562;

5. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for the representation in the Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926;

6. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for the representation in the Sedna Moseley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209;

7. Fourth Amendment to the Professional Services Agreement with Lynberg and Watkins for the representation in the Gary Saenz, et al. v. City of San Bernardino et al., San Bernardino Superior Court Case No.

CIVDS2003802.

This item was pulled for further discussion. Human Resources Director Susie Soren explained that these amendments are extensions of agreements that were already approved by the Council. City Attorney Sonia Carvalho clarified that the agreements for outside legal services are to defend the City in the stated lawsuits, not to defend any individual.

9. Accept the BSCC Officer Wellness and Mental Health Grant (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-056 authorizing:

1. The City Manager to accept the Board of State and Community Corrections (BSCC) Officer Wellness Grant.

2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating$172,010.25 in both revenue and expenditures.

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Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 8 RESULT: ADOPTED RESOLUTION NO. 2023-056 [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

DISCUSSION

10. City Manager Executive Recruitment 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 his designee to execute a Professional Services Agreement with Gallagher Benefit Services, Inc., for the executive recruitment services for the position of City Manager.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra
Human Resources Director Soren presented this item. She stated that the recruitment should be completed within 12 weeks, and there would be updates regarding the process during every Closed Session meeting.

11. Ratify Memorandum of Understanding for Temporary License between the City of San Bernardino and the San Bernardino City Unified School District (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify the Memorandum of Understanding for the Temporary License between the City of San Bernardino and the San Bernardino City Unified School District for use of property on Fairfax Elementary School.

Public Works Director Daniel Hernandez presented this item. He advised that this agreement is required for a temporary road, due to the closure of Cross Street Bridge.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra
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Regular Meeting Minutes April 19, 2023
Mayor and City Council of the City of San Bernardino Page 9

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

12. Consider Removal of Oxbow Cement Pile (Ward 5) Council Member Reynoso The item was rescinded by Council Member Reynoso and no vote was taken.

13. Volunteer and Interns for Elected Officials (All Wards) – Council Member Alexander
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

14. Mechanisms to require developers to maintain their properties in a nuisance-free condition following receipt of entitlements/approvals including, for example, requiring fencing of sites and requiring demolition of structures within a certain period of time following approval. (All Wards) – Council Member Figueroa
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra
At the conclusion of open session items at 9:26 p.m., the Mayor and City Council returned to closed session to discuss the two remaining closed session items.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that there was no reportable action from Closed Session.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, April 19, 2023, at 10:39 p.m. and a moment of silence observed in memory of Ernie Garcia.

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. Open Session will begin at 7:00 p.m.

By: _______________________
Genoveva Rocha, CMC
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Mayor Helen Tran
City of San Bernardino Council Members
201 North E Street Theodore Sanchez
San Bernardino, CA 92401 Sandra Ibarra
http://www.sbcity.org Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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
FRIDAY, AUGUST 18, 2023
2:00 PM
The Special Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 2:06 PM by Mayor Helen Tran on Wednesday, April 5, 2023, 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 Via Zoom
Helen Tran Mayor Present
Thomas Rice Assistant City Attorney Present
Telicia Lopez Chief Deputy City Clerk Present
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Special Meeting Minutes August 3, 2023
Mayor and City Council of the City of San Bernardino Page 2 2:00 P.M.

PLEDGE OF ALLEGIANCE
Council Member Reynoso led the Pledge of Allegiance.

CLOSED SESSION PUBLIC COMMENTS
Treasure Ortiz stated that in 14 years, the City has yet to keep a City Manager. She suggested that the Mayor and City Council hold community forums to consider the final candidates.

Cheryl Brown stated that she has been in San Bernardino since 1953. She compared the instability of San Bernardino with more stable surrounding cities. She stated that she would like Interim City Manager Charles McNeely to stay in the position for a longer time.

Prior to convening to Closed Session, Council Member Calvin made a motion to continue Item A for 120 days, so resumes may continue to be reviewed for the recruitment. The motion was seconded by Council Member Reynoso.

RESULT: CONTINUE ITEM FOR 120 DAYS FOR FURTHER CONSIDERATION [FAILED 2-5]
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Reynoso, Calvin
NOES: Sanchez, Ibarra, Figueroa, Shorett, Alexander

CLOSED SESSION
A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager

CLOSED SESSION REPORT
Assistant City Attorney Thomas Rice informed that there was no formal reportable action.

ADJOURNMENT
The Special Closed Session of the Mayor and City Council was adjourned on Thursday, August 3, 2023 at 6:07 PM.

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 Monday, August 21, 2023, at the Multi-Purpose Room (2nd floor) located at 201 North E Street, Suite B, San Bernardino, California 92401.The Special Meeting will begin at 5:30 p.m.

By:______ __ ______________
Genoveva Rocha, CMC
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Mayor Helen Tran
City of San Bernardino Council Members
201 North E Street Theodore Sanchez
San Bernardino, CA 92401 Sandra Ibarra
http://www.sbcity.org Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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
MONDAY, AUGUST 21, 2023
5:30 PM
The Special Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:36 PM by Mayor Helen Tran on Monday, August 21, 2023, at the Multipurpose Conference Room, 2nd Floor, 201 North E Street, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Arrived at 5:50 PM 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 Via Zoom
Helen Tran Mayor Present
Thomas Rice Assistant City Attorney Present
Telicia Lopez Chief Deputy City Clerk Present
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Special Meeting Minutes August 21, 2023
Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.

PLEDGE OF ALLEGIANCE
Council Member Shorett led the Pledge of Allegiance.

CLOSED SESSION PUBLIC COMMENTS
Stan Futch (phonetic spelling), President of the Westside Action Group, stated that the City deserves for the highest quality City Manager to be chosen.

CLOSED SESSION
A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager
B) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6)
Unrepresented employee: City Manager

CLOSED SESSION REPORT
Assistant City Attorney Thomas Rice informed that there was no formal reportable action, but there would be another Special Closed Session on Monday, August 28th.

ADJOURNMENT
The Special Closed Session of the Mayor and City Council was adjourned on Thursday, August 18, 2023 at 7:16 PM.

The next regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, August 24, 2023, at Feldheym Central Library, 555 W. 6th St., San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. Open session will begin at 7:00 p.m.

By:______ __ ______________
Genoveva Rocha, CMC
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 21, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: 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 July 2024.

Executive Summary
This action is to approve the commercial and payroll disbursements. This is regular business of the Mayor and City Council ensuring that the City pays vendors, employees, and the retirement system timely, accurately and with full transparency for the community.

Background
Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers.

The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
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Discussion
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.

Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for July 2024.

Attachments
Attachment 1 Payroll Summary Report for July 2024
Attachment 2 Commercial checks & Payroll Register #1
Attachment 3 Commercial checks & Payroll Register #2
Attachment 4 Commercial checks & Payroll Register #3
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
Gross Payroll
Bi-Weekly for July 7, 2024 $3,272,733.12
Monthly for July 15, 2024 $26,950.00
Total Payroll Demands: $3,299,683.12
The following check registers are being presented for approval:

July 3, 2024 2024/25 (Register #1) $482,556.43
July 11, 2024 2024/25 (Register #2) $2,955,736.26
July 18, 2024 2024/25 (Register #3) $1,673,997.75
Total commercial check demands: $5,112,290.44
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 21, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Rolland Kornblau, Director of Information Technology
Department: Information Technology
Subject: Accept Grant Funds from the California Emerging Technology Fund to Advance Digital Equity (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-185:

1. Authorizing the City Manager or designee to accept grant award funds in the amount of $1,000 from the California Emerging Technology Fund to; and

2. Authorizing the City Manager or designee to conduct all negotiations, signing, and submittals of necessary documents to receive the grant award funds; and

3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenses and appropriate $1,000 in grant award funds to be used towards advancing digital equity.

Executive Summary
On July 12, 2024, the City of San Bernardino received notice that it was awarded $1,000 from the California Emerging Technology Fund (CETF), a technology based non-profit agency. These funds shall be used for any purpose to advance digital equity.

Background
The California Emerging Technology Fund (CETF) was established as a non-profit corporation pursuant to orders from the California Public Utilities Commission (CPUC) in approving the mergers of SBC-AT&T and Verizon-MCI in 2005. Since its inception, the CETF provides leadership statewide to close the “Digital Divide” by accelerating the deployment and adoption of broadband to unserved, underserved communities and populations, through initiatives and funding opportunities.

Packet Page. 740
Discussion
In April 2024, the City was invited to participate in one of the Online Digital Equity Workshops offered on April 11th or May 17th hosted by the CETF. Local governments attending at least one webinar were eligible to submit to the CETF a check list on Best Practices to Achieve Digital Equity. This check list is a self-assessment to assess and benchmark efforts by Counties and Cities to close the digital divide, promote digital inclusion, and achieve digital equity. For completing the checklist, cities would receive $1,000 from the CETF for any purpose to advance digital equity.

Staff attended the webinar and submitted the checklist prior to the May 31, 2024 deadline. The City of San Bernardino received the grant award notification with the $1,000 check enclosed on July 12, 2024. Staff will assess the status of current technology projects that may leverage the use of CETF funds in a manner consistent with grant requirements to advance digital equity.
2021-2025 Strategic Targets and Goals
The request to accept grant funds from the California Emerging Technology Fund aligns with Strategic Target No. 2. Focused, Aligned Leadership and Unified Community and Strategic Target No. 4 Economic Growth & Development, through efforts to advance digital equity to benefit underserved residents and businesses.

Fiscal Impact
There is no fiscal impact to the General Fund. The FY 2024/25 operating budget will be amended by $1,000 in both revenues and expenditures.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-185:

1. Authorizing the City Manager or designee to accept grant award funds in the amount of $1,000 from the California Emerging Technology Fund to; and

2. Authorizing the City Manager or designee to conduct all negotiations, signing, and submittals of necessary documents to receive the grant award funds; and

Attachments

1. Attachment 1- Resolution 2024-185

2. Attachment 2-Award Letter from the California Emerging Technology Fund Ward:

All Wards
Synopsis of Previous Council Actions:

No prior action.

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Resolution No. 2024-185
Resolution No. 2024-185
August 21, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-185

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

ACCEPT THE GRANT AWARD FOR ADVANCING

DIGITAL EQUITY PURPOSES FROM THE CALIFORNIA

EMERGING TECHNOLOGY FUND (CETF) IN THE
AMOUNT OF $1,000, AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO CONDUCT ALL

NEGOTIATIONS, SIGNING AND SUBMITTALS OF

NECESSARY DOCUMENTS TO RECEIVE THE GRANT

AWARD, AND AUTHORIZING THE DIRECTOR OF

FINANCE AND MANAGEMENT SERVICES TO AMEND
THE FY 2024/25 OPERATING BUDGET IN THE AMOUNT
OF $1,000 IN BOTH REVENUE AND EXPENDITURES TO
APPROPRIATE THE CETF GRANT AWARD.

WHEREAS, the California Emerging Technology Fund (CETF), a non-profit corporation, has been delegated responsibility by the California Public Utilities Commission (CPUC) for the purpose of closing the digital divide; and WHEREAS, the Information Technology Department staff participated in the Local Government Digital Equity Best Practices Check List Webinar, then submitted the Digital Equity Best Practices Checklist in May 2024 to receive a grant award; and WHEREAS, the Information Technology Department staff received a grant award letter and a check in the amount of $1,000 for any purpose to advance digital equity.

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, Mayor and City Council hereby authorize the City Manager or designee to accept the grant award from the CETF in the amount of $1,000; and SECTION 3. Mayor and City Council of City of San Bernardino hereby authorize the City Manager or designee to conduct all negotiations, signing, and submittals of necessary documents to receive the CETF grant award; and
SECTION 4. Mayor and City Council of City of San Bernardino hereby authorize the Director of Finance and Management Services to amend the FY 2024/25 Operating Budget in the amount of $1,000 in both revenues and expenditures to appropriate the CETF grant award.

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Resolution No. 2024-185
August 21, 2024

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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 21st day of August 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. 2024-185
Resolution No. 2024-185
August 21, 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. 2024-185, adopted at a regular meeting held on the 21st day of August 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 August 2024.

Genoveva Rocha, CMC, City Clerk
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Adopt Resolution No. 2024-186 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting funding of $53,508.17 from the Imperial County Office of Education (ICOE), $10,230.75 from the Inland Library System (ILS) and $212 of donations from the San Bernardino Emblem Club No. 178.

2. Authorizing the Interim Director of Finance and Management Services to amend the FY 2024/25 Adopted Budget for the Library including $63,950.92 in both revenues and expenditures.

Executive Summary
The Library receives its internet access as part of a consortium organized by the California State Library serving 160 public libraries in the state. Library pays its bills in full and then is later reimbursed 90% of that cost with funding from the Federal E-Rate program, which is the ICOE funding. The ILS funding is for electronic resources – Overdrive eBooks and eAudiobooks. Two donations of $212 were received from the San Bernardino Emblem Club No. 178 for children’s projects and/or books.

Background
The Library participates in a consortium organized by the California State Library (CSL) that provides internet access to approximately 160 public libraries throughout the state.

The Library pays its quarterly bills in full and is later reimbursed some 90% of the cost funded by the federal E-Rate program, which provides funding for public libraries to provide internet access to patrons. The CSL utilizes a vendor – ICOE – as the Statewide Broadband Aggregator for managing contracts, invoices and reimbursements for the participating Libraries in the consortium so the reimbursement Packet Page. 746
comes from it. This is not a grant. The CSL describes this funding as a program.

As a member of the Inland Library System, San Bernardino Public Library receives funding from the California State Library’s California Library Services Act for its cooperative efforts, so this year’s amount is $10,230.75. This is not a grant. Since this funding is for electronic resources for Library patrons, it would be used to purchase Overdrive eBooks and eAudiobooks.

Two donations for $212 were received from the San Bernardino Emblem Club No. 178 for children’s projects and/or books.

Discussion
The ICOE funds listed above need to be added to the Library revenue and expense budget. Among the possible uses for the benefit of Library patrons include books, eBooks and eAudiobooks and other special projects not already covered in the budget that may arise during the fiscal year. ILS funding would be utilized for Overdrive content. Plans are to utilize the $102 donation from the San Bernardino Club No. 178 for children’s books.
2021-2025 Strategic Targets and Goals
The acceptance and administration of this funding aligns with Key Target No. 1:

Financial Stability and Key Target No. 3: Improved Quality of Life, with customer service.

Fiscal Impact
There is no net impact to the General Fund with this recommendation. The General Fund FY 2024/25 Operating Budget will be amended by $53,610.17 in both revenue and expenditures.

Conclusion
Adopt Resolution No. 2024-186 of the Mayor and City Council of the City of San Bernardino, California, approving:

2. Authorizing the Interim Director of Finance and Management Services to amend the FY 2024/25 Adopted Budget for the Library including $63,950.92 in both revenues and expenditures
Attachments
Attachment 1 - Resolution 2024-186
Attachment 2 - Inland Library System Funding Letter
Attachment 3 - San Bernardino Emblem Club No. 178 Donation Letters Packet Page. 747
Ward:

All
Synopsis of Previous Council Actions:

March 1, 2023 Adopted Resolution No. 2023-033 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting funding of $10,303 from the Inland Library System, $8,671.27 from CTC Technology and $200 from San Bernardino Emblem Club No. 178. 2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Library including $19,174.27 in both revenues and expenditures.

December 1, 2021 The Mayor and City Council adopted Resolution No. 2021- 289 for Fiscal Year 2021/22 1ST Quarter Report including $3,345 of funds from the ILS for electronic resources and $12,000 in unbudgeted E-Rate funding revenue.

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Resolution No. 2024-186
Resolution 2024-186
August 21, 2024

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RESOLUTION NO. 2024-186

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACCEPTING FUNDING OF $53,508.17 FROM THE

IMPERIAL COUNTY OFFICE OF EDUCATION (ICOE),
$10,230.75 FROM THE INLAND LIBRARY SYSTEM (ILS)
AND DONATIONS OF $212 FROM THE SAN BERNARDINO
EMBLEM CLUB NO. 178 AND AUTHORIZING THE

INTERIM DIRECTOR OF FINANCE AND MANAGEMENT
SERVICES TO AMEND THE FY 2024/25 ADOPTED
BUDGET FOR THE LIBRARY INCLUDING $63,950.92 IN
BOTH REVENUES AND EXPENDITURES.

WHEREAS, the City of San Bernardino is accepting funding of $53,508.17 from the ICOE, $10,230.75 from the Inland Library System (ILS) and donations of $212 from the San Bernardino Emblem Club No. 178; and
WHEREAS, among the possible uses of the ICOE funds for the benefit of Library patrons include books, eBooks and eAudiobooks and other special projects not already covered in the budget that may arise during the fiscal year. The ILS funds specifically are for Overdrive eBook and eAudiobooks. Plans are to utilize $212 of donations from the San Bernardino Club No. 178 for children’s books.

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 of the City of San Bernardino hereby authorize the Interim Director of Finance & Management Services to amend and appropriate $53,610.17 in both revenues and expenditures to the Library the Fiscal Year 2024 – 2025 Operating Budget.

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.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

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Resolution No. 2024-186
Resolution 2024-186
August 21, 2024

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of August 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. 2024-186
Resolution 2024-186
August 21, 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. 2024-186, adopted at a regular meeting held on the 21st day of August 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 21, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Ed Erjavek, Library Director
Department: Library
Subject: Amendment No. 3 to Goods Purchase Agreement with Ingram Library Services, LLC. (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. 3 to the Goods Purchase Agreement with Ingram Library Services, LLC, for a one-year option for Fiscal Year 2024/25 and increasing the annual amount by $65,000 for a not-to exceed amount of $150,000 for the purchase of library books and authorize the Interim Director of Finance and Management Services to approve a purchase order for an amount not to exceed $150,000.

Executive Summary
This Goods Purchase Agreement amendment is third and final annual option for the purchase of library books including their cataloging and processing with Ingram Library Services, LLC, to provide books for Library patrons for an amount not to exceed $150,000 in Fiscal Year 2024/25. This amendment is an increase of $65,000 from the not to exceed amount of $85,000 for the previous amendment that expired June 30, 2024 with the conclusion of the previous fiscal year.

Background
The Library posted RFQ F-21-25 through the Finance Department seeking proposals for book purchases, including cataloging and processing of books, for Fiscal Year 2021/22, with three possible one-year extensions. The RFQ opened on April 15, 2021 and closed on April 30, 2021 seeking a not-to-exceed amount of $45,000 since that was the Library’s annual book purchasing budget for Fiscal Year 2020/21. The Library was fortunate to have an increase of $40,000 to $85,000 later approved by the Mayor and City Council for each Fiscal Year 2021/2022, 2022/2023 and 2023/24, therefore $85,000 has been the amount of annual amendments. The Library is fortunate to have Packet Page. 755
more money approved for books in Fiscal Year 2024/25, so that’s why an increase from $85,000 to $150,000 is requested. Ingram was one of two bids received by the Finance Department’s Purchasing Division.

On Sept. 1, 2021, the Mayor and City Council Adopted Resolution No. 2021-215 of the Mayor and City Council of the City of San Bernardino, California, approving an agreement award with Ingram Library Services, LLC, for the purchase of library books in an amount not to exceed $85,000 for Fiscal Year 2021/22.

On October 5, 2022, for Fiscal Year 2022/23 the Mayor and City Council of the City of San Bernardino, California, authorized the Library Director to execute Amendment No. 1 to the agreement between San Bernardino Public Library (SBPL) and Ingram Library Services, LLC, for the purchase of library books and authorize the Agency Director of Administrative Services to approve an annual purchase order for an amount not to exceed $85,000.

For Fiscal Year 2023/24, the City Manager executed Amendment 2 for an amount not to exceed $85,000 as that amount was within the City Manager’s signature authority for up to $100,000 before Mayor and City Council approval was required.

The Library provides books for our patrons at its four locations to further their educational, cultural, and recreational interests.

Discussion
The proposed contract extension is warranted because of staff satisfaction with the vendor. Ingram offers books from most book publishers to public libraries to simplify the book ordering process. It also catalogs and processes books so when the Library receives its books, they are soon ready for patrons to check out. Staff is satisfied with Ingram for its wide range of books available for all types of readers including Spanish language materials, its ability to fill orders with minimal cancellations and providing books that are in stock within several days.
2021-2025 Strategic Targets and Goals
The request to purchase library books for the educational, cultural, and recreational interests of our patrons aligns with Key Target No. 3: Improved Quality of Life.

Fiscal Impact
The fiscal impact for this item is a not-to-exceed amount of $150,000. Sufficient budget is available in the Library's FY 2024/25 budget to support this.

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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 3 to the Goods Purchase Agreement with Ingram Library Services, LLC, for a one-year option for Fiscal Year 2024/25 and increasing the annual amount by $65,000 for a not-to exceed amount of $150,000 for the purchase of library books and authorize the Interim Director of Finance and Management Services to approve a purchase order for an amount not to exceed $150,000.

Attachments
Attachment 1 - Amendment 3
Attachment 2 - Amendment 2
Attachment 3 - Amendment 1
Attachment 4 - Original Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

Oct. 5, 2022 The Mayor and City Council of the City of San Bernardino, California, authorize the Library Director to execute Amendment No. 1 to the agreement between San Bernardino Public Library (SBPL) and Ingram Library Services, LLC, for the purchase of library books and authorize the Agency Director of Administrative Services to approve an annual purchase order for an amount not to exceed $85,000.

Sept. 1, 2021 The Mayor and City Council adopted Resolution No. 2021-215, approving an agreement with Ingram Library Services, LLC.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 21, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Five-Year Capital Improvement Plan FY 2024/25 to FY 2028/29 for Measure I Local Expenditures
(All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-187 approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2024/25 through Fiscal Year 2028/29 and Measure I Expenditure Strategy.

Executive Summary
Adoption of Resolution No. 2024-187 will approve the Five-Year Measure I Capital Improvement Plan (MICIP) and approve the Measure I Expenditure Strategy. The Resolution is required to continue to receive Measure I Local Street Project Funds (Local Funds). The projects identified in the Resolution have been previously identified in the City’s Capital Improvement Plan and will not impact the General Fund.

Background
In November 1989, voters approved Measure I that authorized the San Bernardino County Transportation Authority (SBCTA) to impose a one-half of one percent retail transaction and use tax. This tax was applicable throughout the County for a period of 20 years beginning April 1, 1990, and extending to March 31, 2010, and is commonly known as the 1/2-Cent Sales and Road Tax (Measure I). In November 2004, voters approved an extension of the 1/2-cent sales tax for an additional 30 years from April 1, 2010, through March 31, 2040.

Discussion
The City is required to adopt a Five-Year MICIP annually. This plan identifies projects and the estimated Measure I expenditures. This is an annual requirement Packet Page. 782
to continue to receive Local Funds. Local Funds can be spent on any eligible transportation purpose determined to be a local priority. This includes improvements for local streets, major highways, state highway, transit, and other improvements that maximize the use of transportation facilities. Expenditure of Local Funds shall be based upon a Five-Year MICIP adopted annually by the governing body of each jurisdiction after being made available for public review and comment.

The Five-Year MICIP only relates to the expenditure of Measure I funds, and each agency is required to update their plan annually. If approved, the City would be committed to expending funds in accordance with the first year of the MICIP. The second through fifth years are estimates for planning purposes and the MICIP will be evaluated annually to update projects and estimates identified in future years.

The proposed Resolution includes language asserting that the City of San Bernardino will meet its base year level Maintenance of Effort of approximately $1,075,643 for FY 2024/25. Pursuant to Policy VLS-25 of the Measure I Strategic Plan, jurisdictions provide an annual statement in the resolution of the governing body adopting the Five-Year MICIP which acknowledges that the jurisdiction will maintain General Fund expenditures for transportation related construction and maintenance activities at the required base year level within the fiscal year.

City staff is also recommending approval of the proposed Five-Year MICIP for FY 2024-2029 included as Exhibit A of the Resolution. The projects shown in the five years of the MICIP reflect the projects and budget amounts included in the City's previously adopted Capital Improvement Plan budget. However, only projects in the first year of the budget are funded in FY 2024/25. The City is projected to receive $5,833,203 in Measure I pass-thru funds for fiscal year 2024/25 and Exhibit A of the Resolution indicates the way those funds have been allocated in the City’s Capital Improvement Budget. SBCTA also requires the local agencies to provide an "Expenditure Strategy", included as Exhibit B of the Resolution.

Changes to the MICIP during the year are permitted, subject to approval of plan amendments by Resolution of the Mayor and City Council. 2021-2025 Strategic Targets and Goals
The Measure I Five-year MICIP is consistent with Key Target No. 1d: Improved Operational & Financial Capacity - Create a framework for spending decisions as it reflects the most current and highest priority need for use of Measure I Funds in FY 2024/25.

Fiscal Impact
Total projected Measure I funds to be received in FY 2024/25 is $5,833,203 and the City of San Bernardino’s base year level Maintenance of Effort is projected to be $1,075,643. The projects listed in the proposed Five-Year MICIP Fiscal Year 2024/25 - 2028/29 for Measure I Local Expenditures for the City of San Bernardino have previously been identified in the City's Capital Improvement Plan.

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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-187 approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2024/25 through Fiscal Year 2028/29 and Measure I Expenditure Strategy.

Attachments

1. Attachment 1 Resolution 2024-187

2. Attachment 2 Exhibit A – Measure I Local Pass-Through Plan FY24/25- 28/29

3. Attachment 3 Exhibit B – Measure I CIP Expenditure Strategy Ward:

All Wards
Synopsis of Previous Council Actions:

June 2, 2021 Resolution No. 2021-130 adopted the Revised Five-Year Measure I Capital Improvement Program for
FY 2020/21 – FY 2024/25
July 21, 2021 Resolution No. 2021-182 adopted the Five-Year Measure I Capital Improvement Program for
FY 2021/22 – FY 2025/26
June 15, 2022 Resolution No. 2022-133 adopted the Revised Five-Year Measure I Capital Improvement Program for
FY 2022/23 – FY 2026/27
July 15, 2022 Resolution No. 2022-1350 adopted the Revised Five-Year Measure I Capital Improvement Program for
FY 2022/23 – FY 2026/27
October 4, 2023 Resolution No. 2023-155 adopted the Revised Five-Year Measure I Capital Improvement Program for
FY 2023/24 – FY 2027/28
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Resolution No. 2024-187
Resolution 2024-187
August 21, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-187

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ADOPTING THE MEASURE I FIVE-YEAR CAPITAL
IMPROVEMENT PLAN FOR FY2024/2025 THROUGH
FY2028/2029
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of San Bernardino is $1,075,643 ; and

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 of the City of San Bernardino hereby approves the Five-Year Capital Improvement Plan (FY 24/25 through FY 28/29) for Measure I Local Expenditures (MICIP) attached hereto and incorporated herein as Exhibit ‘A’.

SECTION 3. The Mayor and City Council of the City of San Bernardino hereby approves the Expenditure Strategy attached hereto and incorporated herein as Exhibit ‘B’.

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

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Resolution 2024-187
August 21, 2024

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SECTION 5. 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 6. 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 21st day of August 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. 2024-187
Resolution 2024-187
August 21, 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. 2024-187, adopted at a regular meeting held on the 21st day of August 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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EXHIBIT B

CITY OF SAN BERNARDINO

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2024/2025 to 2028/2029
The City of San Bernardino will continue to place emphasis on both its regional and sub-regional arterial roadway system. At least fifty percent of the City's Measure I allocation will be earmarked for specific capital projects that are geared toward improving traffic flow and motorist convenience. Failing pavement surfaces will be rehabilitated and traffic striping modified as needed to accommodate increased traffic demand; and intersection capacity will be improved with new and modified traffic signals.

In addition to the above Capital Improvement Program, San Bernardino will continue to allocate up to fifty percent of its annual Measure I funds towards public works maintenance activities.

Maintenance work will continue to include the City's traffic signal systems, sidewalk and curb repair, and pavement repair and overlay on the local street system.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 21, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works, Operations and
Maintenance
Department: Public Works
Subject: Agreement with Espinoza Electric, dba Quality Electric and Horizon Lighting for Street Light Maintenance and
Related 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 Espinoza Electric dba: Quality Light & Electrical; and

2. Execute a second Maintenance Services Agreement with Horizon Lighting for street light maintenance and related services; and

3. Authorize the Director of Finance and Management Services to issue a purchase order in the amount of $750,000 to Espinoza Electric dba: Quality Light & Electrical, Inc.; and

4. Authorize the Director of Finance and Management Services to issue a second purchase order in the amount of $750,000 to Horizon Lighting.

Executive Summary
Public Works is requesting a purchase order in the amount of $750,000 for Espinoza Electric dba: Quality Light & Electrical and a second purchase order in the amount of $750,000 for Horizon Lighting for street light maintenance and City-wide street light repairs. This amount is consistent with the projected street light maintenance and repair for this fiscal year due to increased vandalism and copper theft.

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Background
The Operations and Maintenance Division (O&M) of the Public Works Department is responsible for the maintenance, repair, beautification, and clean-up of City-owned infrastructure and rights of way. In conjunction with the Public Work’s Engineering Division, it is also responsible for ensuring the City’s streetlights are properly maintained, inspected, upgraded, and repaired as needed. Routine inspections and maintenance of streetlights is largely performed by in-house staff that are part of the Traffic and Lighting work section of the O&M Division.

An ongoing issue for the State of California, and especially the City of San Bernardino, is the amount of vandalism and copper theft that is occurring, which is costing additional time and materials to repair. The Operations and Maintenance division of Public Works is very focused on maintaining the streetlights and one creative way to go about this is with LED and solar lighting.

Discussion
The City of San Bernardino has nearly 9,500 streetlights throughout its city limits with an additional 10,500 streetlights belonging to Southern California Edison. These streetlights are in neighborhoods, main arterial roads, school crossings, and other areas. Annually, many of these streetlights require maintenance and repair using inhouse staff and contractual services. Currently, there are many inoperable streetlights due to repeated vandalism and copper theft. These maintenance services agreements are part of a larger effort to return the City’s Street lighting infrastructure to a manageable level of operation. As part of this larger effort, other alternatives, such as LED lighting and solar lighting are being incorporated into the existing infrastructure.

These contracts will allow the City to procure these services from both selected vendors along with the typical maintenance and repair services required. It is important to note that national supply chain shortages and cost increases have made repairing streetlights in a timely manner challenging for staff; however, staff believes these streetlight maintenance services agreements will greatly improve our response times in the repair and restoration of streetlights City-wide.

In January of 2024, the Operations and Maintenance Division of Public Works worked with the Finance Department and initiated a formal bid process to solicit quotes for streetlight maintenance and repair services in Request for Quotes No. F-23-47B.

Notices were posted on the City’s website. The results of the bid opening yielded seven vendors which were reviewed by Procurement for compliance with mandatory requirements.

At the recommendation of the Purchasing Division, two vendors were selected for the award of this solicitation. Staff believes selecting two vendors to split the requirements of street light maintenance and repair services will greatly enhance response times and reduce the burden of responsibilities from each respective contractor. As a result, there will be two separate maintenance services agreements for this effort, each valued at $750,000 for a total of $1,500,000.

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This bid solicitation was awarded based on the lowest quoted price for the most typical streetlight maintenance services the City requires. Hourly rates were compared between all vendors, along with compliance and other requirements. The results of this bid solicitation were as follows:

BIDDER CITY Hourly Rate Avg.
(General Repair
and Maintenance)
Hourly Rate Avg.
(Base
Replacement)
Horizon Lighting Irvine, CA $99.95 $99.95
Espinoza Electric
dba: Quality Light
& Electrical
Bloomington,
CA
$90.00 $135.00
Advanced Lighting
Services, Inc.

Dublin, CA $147.00 $147.00
Amtek Construction Orange, CA $149.20 $149.20
Tanko Lighting San Francisco,
CA
$253.13 $3,150
CT Electric Highland, CA $122.50 $122.50
Huntington Beach
Electric, Inc.

Huntington
Beach, CA
$237.50 $105.00
Please Note: The above hourly rates are averaged for vendors that applied volume discounts.

Both Quality Light & Electrical and Horizon Lighting are reputable vendors for streetlight maintenance and repair services in Southern California. Staff is confident they are qualified to provide the services required under each maintenance service agreement.

Additionally, Quality Electric has previously provided services to the City and is a vendor in good standing.

The term of the proposed agreements shall be from August 21, 2024, to June 30, 2025, with no more than four (4) additional option years should the City opt to renew them on an annual basis at the expiration of the first term of services. 2021-2025 Strategic Targets and Goals
This project is consistent with several goals and targets. It is aligned with Strategic Goal No. 3c: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service, and Strategic Goal No. 3d: Improved Quality of Life - Improve the City appearance, cleanliness, and attractiveness. The recommended maintenance services agreements will ensure City streetlights are properly maintained and repaired as needed in all economic corridors, neighborhoods, major thoroughfares, parks, and secondary streets.

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Fiscal Impact
The fiscal impact of this item is $1,500,000. Each contract is set to not exceed $750,000.

There is sufficient budget within the Department’s Operating Budget for FY 2024/25 to fund this agreement.

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

1. Authorize the City Manager to execute a Maintenance Services Agreement with Espinoza Electric dba: Quality Light & Electrical; and

2. Execute a second Maintenance Services Agreement with Horizon Lighting for street light maintenance and related services; and

3. Authorize the Director of Finance and Management Services to issue a purchase order in the amount of $750,000 to Espinoza Electric dba: Quality Light & Electrical, Inc.; and

4. Authorize the Director of Finance and Management Services to issue a second purchase order in the amount of $750,000 to Horizon Lighting.

Attachments
Attachment 1 Horizon Lighting Maintenance Services Agreement Attachment 2 Summarized Cost Sheets
Attachment 3 Bid Documents – RFQ F-23-47B
Attachment 4 Espinoza Electric dba: Quality Light & Electrical Maintenance Services Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

April 21, 2021 Mayor and City council Adopted resolution 2021-95 April 18,2018 Mayor and City council Adopted resolution 2018-112 Packet Page. 793
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 21, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Final Tract Map No. 20421 (Ward 5)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-189, approving Final Tract Map No. 20421 (Subdivision 21-11) involving the subdivision a parcel (APN 0261-151-10) containing

6.10 acres into twenty-five (25) single family lots located at the southwest corner of W.

Belmont Avenue and N. Olive Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.

Executive Summary
The project consists of subdividing one parcel of approximately 6.10 acres into twentyfive (25) single-family residential lots as part of a planned residential development, which was approved on December 7, 2022, by the Mayor and City Council as Reporting Program Development Code Amendment (Zoning Map Amendment) 21-05 and Subdivision 21-11 (Tentative Tract map 20421) per Resolution 2022-245.

Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of San Bernardino Development Code and the Subdivision Map Act, the applicant has submitted a Final Tract Map No. 20421, which has been reviewed by the City Engineer and determined that the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and all conditions of approval, and is recommended for the Mayor and City Council action and final acceptance.

Background
Together, Development Code Amendment (Zoning Map Amendment) 21-05 and Subdivision 21-11 (Tentative Tract Map 20421) constituted the Belmont Residential Packet Page. 883
Subdivision Project. Subdivision 21-11 (Tentative Tract Map 20421) includes the subdivision of a parcel (APN: 0261-151-10) containing approximately 6.10 acres into twenty-five (25) single-family residential lots ranging in size from 7,372 to 9,700 square feet.

The Planning Division of the Community Development and Housing Department of the City of San Bernardino reviewed, Development Code Amendment (Zoning Map Amendment) 21-05 and Subdivision 21-11 (Tentative Tract Map 20421) for compliance with the California Government Code, compliance with the California Subdivision Map Act, consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code.

On November 8, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2022-048 recommending the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the approval of Development Code Amendment (Zoning Map Amendment) 21-05 and Subdivision 21-11 (Tentative Tract Map 20421) to the Mayor and City Council.

On December 7, 2022, Mayor and City Council adopted Resolution No. 2022-245 and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approved Development Code Amendment (Zoning Map Amendment) 21-05 and Subdivision 21-11 (Tentative Tract Map 20421).

Discussion
The proposed project consists of subdividing one parcel containing a total of approximately 6.10 acres into twenty-five (25) single-family residential lots. The proposed single-family lots are part of a planned residential development, which was approved on December 7, 2022, by the Mayor and City Council as Reporting Program Development Code Amendment (Zoning Map Amendment) 21-05 and Subdivision 21- 11 (Tentative Tract map 20421) per Resolution 2022-245.

Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of San Bernardino Development Code and the Subdivision Map Act, the applicant has submitted a Final Map for Mayor and City Council action and final acceptance. The City Engineer has reviewed the proposed Final Map for Tract No. 20421 and determined that the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and all conditions of approval. 2021-2025 Strategic Targets and Goals
The adoption of a Resolution approving the Final Map for Tract No. 20421 aligns with Goal No. 1 Improved Operational & Financial Capacity. Specifically, the transformation of existing vacant underutilized properties into productive single-family residential lots for the purpose of developing single-family residential homes meets the City’s economic development goals. The adoption of a Resolution approving the Final Map for Tract No. 20421 aligns with Goal No. 1 Improved Operational & Financial Packet Page. 884
Capacity. Specifically, the transformation of existing vacant underutilized properties into productive single-family residential lots for the purpose of developing single-family residential homes meets the City’s economic development goals.

Fiscal Impact
There will be no fiscal impact. All public infrastructure improvements required for this subdivision will be constructed by the developer at its sole cost. City services will be provided to this project similar to other residential projects in the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-189, approving Final Tract Map No. 20421 (Subdivision 21-11) involving the subdivision a parcel (APN 0261-151-10) containing

6.10 acres into twenty-five (25) single family lots located at the southwest corner of W.

Belmont Avenue and N. Olive Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.

Attachments
Attachment 1 Resolution 2024-189
Attachment 2 Final Map for Tract 20421
Attachment 3 Tract 20421 Improvement Agreement
Attachment 4 Project Bonds
Attachment 5 Resolution 2022-245
Ward:

Fifth Ward
Synopsis of Previous Council Actions:

On November 8, 2022, Planning Commission adopted Resolution No. 2022-048 forwarding a recommendation to approved Subdivision 21-11 (Tentative Tract Map 20421).

On December 7, 2022, Mayor and City Council adopted Resolution 2022-245 and approved Subdivision 21-11 (Tentative Tract Map 20421).

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Resolution No. 2024-189
Resolution 2024-189
August 21, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-189

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING FINAL MAP FOR TRACT NO. 20421
(SUBDIVISION 21-11) INVOLVING THE SUBDIVISION OF
A PROJECT SITE CONTAINING APPROXIMATELY 6.10
ACRES INTO TWENTY-FIVE (25) SINGLE-FAMILY

RESIDENTIAL LOTS LOCATED ON THE SOUTHWEST
CORNER OF W. BELMONT AVENUE AND N. OLIVE
AVENUE; ACCEPTING THE PUBLIC DEDICATIONS AS
SET FORTH ON SAID MAP; AND AUTHORIZING

EXECUTION OF THE STANDARD FORM OF THE
SUBDIVISION IMPROVEMENTS.

WHEREAS, On November 8, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2022-048 recommending the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the approval of Development Code Amendment (Zoning Map Amendment) 21-05 and Subdivision 21-11 (Tentative Tract Map 20421) to the Mayor and City Council, and
WHEREAS, On December 7, 2022, Mayor and City Council adopted Resolution No. 2022-245 and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approved Development Code Amendment (Zoning Map Amendment) 21-05 and Subdivision 21-11 (Tentative Tract Map 20421), and
WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 20421 with conditions of approval, and has analyzed the Final Map for Tract No. 20421 in order to ensure consistency between the approved Tentative Tract Map 20421 with adopted conditions of approval and the final map requirements, and has determined that the Final Map for Tract No. 20421 has been found to be in substantial conformance with the approved Tentative Tract Map 20421, and WHEREAS, the Mayor and City Council find that proposed Tract Map 20421, located on the southwest corner of W. Belmont Avenue and N. Olive Avenue within the Residential Suburban (RS) zone together with the provisions of their design and improvement is consistent with the General Plan of the City of San Bernardino.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

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

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Resolution No. 2024-189
Resolution 2024-189
August 21, 2024

Page 2 of 3 ends

SECTION 2. The City Manager of the City of San Bernardino is authorized to execute the standard form Subdivision Improvement Agreement with Inland Self Storage & Management. attached and incorporated herein as Attachment 3, for the improvements in said Tract Map as required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is as specified in the Agreement. Said improvements are specifically described and shown on Drawings approved and on file in the office of the Public Works Department of the City of San Bernardino.

SECTION 3. A Mitigated Negative Declaration was adopted with the approval of Subdivision 21-11 (Tentative Tract Map 20421) on November 8, 2022. No further changes to the environmental conditions of the subject site or the proposed subdivision have occurred. Therefore, the previous environmental determination adopted for Subdivision 21-11 (Tentative Tract map 20421) remains valid, pursuant to Section 15162 (c) (Subsequent Negative Declarations) of the California environmental Quality Act.

SECTION 4. The Final Map of said Tract Map is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said Tract Map for streets, alleys (including access rights), drainage and other public easements.

As a condition precedent to approval of Tract Map, the Subdivider shall first execute the Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.

SECTION 6. 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 21st day of August 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. 2024-189
Resolution 2024-189
August 21, 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. 2024-189, adopted at a regular meeting held on the 21st day of August 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 21, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Stop Sign Installation on 40th Street and Parkside Drive (Ward 4,7)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-188 authorizing the City Manager and/or designee to amend Resolution No. 655 entitled, in part, “A Resolution… designating certain streets or portions thereof as through highways…” and authorizing the establishment of an all-way stop control at the intersection of 40th Street and Parkside Drive.

Executive Summary
The installation of the stop sign at the above intersection is essential to enhance traffic safety, control and streamline traffic flow. The overall benefit is the reduction of collisions and improved pedestrian safety
Background
Staff received a citizen request to consider the installation of stop sign control at the intersection of 40th Street and Parkside Drive.

Guidelines published in the California Manual of Uniform Traffic Control Devices (CA MUTCD) on the use of stop signs have been adopted by the City. The guidelines recommend the use of a stop sign facing the minor street of a 4-legged intersection and the terminating leg of a T-intersection, if certain conditions exist to better clarify and regulate right-of-way at an intersection. Additionally, common factors and warrants considered for the installation of stop signs as follows:

Traffic Volumes
Pedestrian Volume
Visibility
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Accident History
Discussion
40th Street between Waterman Avenue and Valencia Avenue is a four-lane undivided major arterial roadway. The posted speed on 40th Street is 45 MPH. Parkside Avenue is a local street which is stop controlled at 40th Street. The prima facie speed on Parkside Drive is 25 MPH. There is no crosswalk at the intersection of 40th Street and Parkside Avenue. Wildwood Park is located on the north side of 40th Street and extends from Waterman Avenue to Valencia Avenue.

Staff investigated traffic conditions at the above intersection referenced above and found that the stop signs should be installed to better clarify the rules of the road at the intersection. Stop signs are also recommended to mitigate sight distance issues such as corner landscaping, corner perimeter or structure walls, and/or horizontal or vertical road curvature which may exist at these locations.

The table below identifies the types of sight distance issues found at the intersection.

Intersection Cause of Visual
Impairment
Location of Visual
Impairment
40th St &
Parkside Dr Fence Southwest corner
Additionally, there is a high rate of collisions at the intersection for vehicles attempting to turn left from Parkside Drive onto westbound 40th Street.

All-way stop warrants comprise of four (4) conditions where if any of the following conditions (A1, A2, B, or C) is met, the intersection may warrant an all-way stop sign installation. Warrant A-1 was met as an accident and safety warrant.

The City must designate roadways as Through Highways in order to implement traffic control measures. Staff is seeking concurrence and recommendation from the Public Safety and Human Relations Commission to request that the Mayor and City Council designate these roadways as Through Highways and authorize the installation of traffic control in the form of stop signs as warranted by each intersection location. If recommended by the commission, the resolution will be placed on a future City Council agenda for consideration.

Staff presented the proposed stop sign location to the City’s Public Safety and Human Relations Commission (PS&HR) at its July 8, 2024 meeting. The Commission has recommended the establishment of the all-way stops at the intersections of 40th Street and Parkside Drive.
2021-2025 Strategic Targets and Goals
This project is consistent with Goal No. 3: Improved Quality of Life. The project will utilize City programs to ensure that neighborhoods and business areas are safe.

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Fiscal Impact
The estimated cost to install the “Stop” signs and add pavement markings is $1,500.

Sufficient funding is included and available in the adopted budget FY 2024/2024 Budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-188 authorizing the City Manager and/or designee to amend Resolution No. 655 entitled, in part, “A Resolution… designating certain streets or portions thereof as through highways…” and authorizing the establishment of an all-way stop control at the intersection of 40th Street and Parkside Drive.

Attachments

1. Attachment 1- Resolution 2024-188

2. Attachment 2- Stop sign warrant

3. Attachment 3- Location Map
Ward:

Fourth Ward; Seventh Ward
Synopsis of Previous Council Actions:

None
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Resolution No. 2024-188
Resolution 2024-188
August 21, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-188

RESOLUTION OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 655 ENTITLED, IN PART, “A
RESOLUTION…DESIGNATING CERTAIN STREETS

OR PORTIONS THEREOF AS THROUGH
HIGHWAYS…” AND AUTHORIZING THE

ESTABLISHMENT OF AN ALL-WAY STOP CONTROL
AT THE INTERSECTION OF 40TH STREET &

PARKSIDE DRIVE
WHEREAS, the Traffic Engineering Division of the Public Works Department received a request to evaluate traffic control needs at the intersections of 40th Street & Parkside Drive; and WHEREAS, staff has determined the intersection of 40th Street & Parkside Drive meets the warrants for an All -Way stop sign installation at the location; and WHEREAS, roadways within the City must be designated as Through Highways in accordance with the Vehicle Code of the State of California to meet eligibility for installation of traffic control measures; and
WHEREAS, the City previously adopted Resolution No. 655 and subsequent amendments designating various roadways as Through Highways and Boulevards throughout the City; and
WHEREAS, the City now desires to amend Resolution No. 655 to designate 40th Street and Parkside Drive for an all-way stop sign; and
WHEREAS, the City intends to install traffic control in the form of a stop control on these roadway segments to enhance traffic safety at these locations.

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. Section 1 of Resolution No. 655, which designates certain streets, or portions thereof, as through highways, is hereby amended by adding Subsection (17.61) 40TH STREET to read as follows:
“(17.61) 40TH STREET
(A) At its intersection with Parkside Drive.”
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Resolution No. 2024-188
Resolution 2024-188
August 21, 2024

Page 2 of 3 ends

SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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 21st day of August 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. 2024-188
Resolution 2024-188
August 21, 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. 2024-188, adopted at a regular meeting held on the 21st day of August 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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DISCUSSION
City of San Bernardino
Request for Council Action
Date: August 21, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Cheryl Weeks, Council Administrative Supervisor
Department: Council Office
Subject: Cal Cities General Assembly - Appointment of Voting Delegates and Alternates (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one voting delegate and up to two alternate voting delegates to the 2024 Cal Cities Annual Conference and Expo on October 16-18, 2024, in Long Beach, California Convention Center.

Executive Summary
In order to participate in the voting for the General Assembly Meeting at the League of California Cities Annual Expo, each city must designate a voting representative and up to two alternates. To ensure the city has representation at this annual expo, the designation of the delegate and alternates must be submitted to the League of California Cities no later than September 25, 2024.

Background
The 2024 League of California Cities Annual Conference & Expo will be held on October 16-18, 2024. One very important aspect of the Annual Conference is the General Assembly Meeting when the membership takes action on conference resolutions that establish Cal Cities policy. Annual conference resolutions guide cities and the Cal Cities in efforts to improve the quality, responsiveness and vitality of local government in California.

Discussion
To expedite the conduct of business at the 2024 League of California Cities Annual Conference & Expo, Cal Cities has requested that each City designate a voting representative and up to two alternate voting delegates. At least one must be present Packet Page. 963
during the General Assembly Meeting on Friday, October 18, 2024, and in possession of the voting card in order to cast a vote.

The General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. The appointed voting delegate plays an important role during the General Assembly by representing their city and voting on resolutions.

To cast a vote during the General Assembly, the City must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting Delegates may either be an elected or appointed official.

Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the Mayor or City Manager alone.

The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only.

Conference registration is open on the Cal Cities website Voting delegates must be designated as soon as possible so that proper records can be established for the conference. The City of San Bernardino must return the Voting Delegate/Alternate form to the Cal Cities Office no later than Wednesday, September 25, 2024.
2021-2025 Strategic Targets and Goals
Selecting a Voting Delegate and attending the General Assembly meeting at the 2024 League of California Cities Annual Conference & Expo aligns with Key Target No. 2:

Focused, Aligned Leadership and Unified Community
Fiscal Impact
Yes, there is a financial impact. Estimated cost to attend per person, including registration and lodging is approximately $3,000.00. The conference costs are covered under the 2024/2025 adopted budget. The League of California Cities (Cal Cities) Annual Conference & Expo is part of the pre-approved travel for the Mayor and City Council.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one Voting Delegate and two Alternate Voting Delegates to the 2024 League of California Cities Annual Conference & Expo on October 16-18, 2024, in Sacramento, California.

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Attachments
Attachment 1 - 2024 Cal Cities Voting Delegate Information Packet.

Ward:

All Wards
Synopsis of Previous Council Actions:

On August 16, 2023, the Mayor and City Council approved one voting delegate and two alternates for the 2023 League of California Cities Annual Conference & Expo in September 2023.

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Mayor and City CouncilAugust 21, 2024

Mayor and City Council
August 21, 2024