Agenda packet — Mayor and City Council, November 6, 2024 (part 1 of 4)

Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO
AGENDA
FORTHE

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

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

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, NOVEMBER 06, 2024
4:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Rochelle Clayton
COUNCIL MEMBER, WARD 2 ACTING CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

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Select the corresponding year and meeting date folders to view documents.

Mayor and City Council of the City of San Bernardino Page 2

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L. Alexander
Mayor Helen Tran
Acting City Manager Rochelle
Clayton City Attorney Sonia
Carvalho City Clerk Genoveva
Rocha
4:00 P.M.

CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION Pg. 11
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Ortiz Enterprises, Incorporated v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB240279
B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: City Manager
C) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mayor or other Mayor and Council designee Unrepresented employee: City Manager
5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CITY MANAGER UPDATE
Mayor and City Council of the City of San Bernardino Page 3

CONSENT CALENDAR

1. Adopting and Amending the Conflict of Interest Code Pursuant to the Political Reform Act of 1974 Pg. 12
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution No. 2024214, approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

2. Approval of Various Mayor and City Council Meeting Minutes Pg. 68 Recommendation:

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

1. June 7, 2023 Regular Meeting of the Mayor and City Council

2. June 26, 2023 Special Meeting of the Mayor and City Council

3. July 19, 2023, Regular Meeting of the mayor and City Council

4. July 3, 2024, Regular Meeting of the Mayor and City Council

5. July 17, 2024, Regular Meeting of the Mayor and City Council

6. August 7, 2024, Regular Meeting of the Mayor and City Council

7. August 21, 2024, Regular Meeting of the Mayor and City Council

8. September 4, 2024, Regular Meeting of the Mayor and City Council

3. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 48, Tax Zone No. 48 (Piedmont Mobile Home Estates) (Ward 4) Pg. 170
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024215 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 48) and authorizing the levy of a special taxes therein.

4. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 47, Tax Zone No. 47 (Dutch Bros Coffee) (Ward 3) Pg. 203
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024216 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 47) and authorizing the levy of a special taxes therein.

5. Review of Administrative Budget Transfers from April 1, 2024 through June 30, 2024. Pg. 243
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from April 1, 2024 through June 30, 2024.

6. Review of Administrative Budget Transfers from July 1, 2024 through September 30, 2024 (All Wards) Pg. 252
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from July 1, 2024, through September 30, 2024.

Mayor and City Council of the City of San Bernardino Page 4

7. Request for Approval to Renew Trend Micro Vision One Subscription and add Tipping Point a Threat Protection System (TPS). Pg. 260 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the renewal of the Trend Micro Vision One Subscription and the addition of TippingPoint a Threat Protection System (TPS) to our cybersecurity measures for a 3year term not to exceed $584,681.14.

8. Library Literacy Program Grant Funding (All Wards) Pg. 277 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024217, approving:

1. Accepting grant funding of $50,000 from the California Department of Education (CDE) and a “block grant” of $73,200 for Adult and Family Literacy Services from the California State Library’s California Library Literacy Services (CLLS) Program.

2. Authorizing the Interim Director of Finance and Management Services to amend the FY 2024/25 Operating Budget for the Literacy program including adjusting the CDE budget to account for any differences in the estimated grant funding versus the actual grant funding received and appropriating $73,200 of grant funding in both revenues and expenditures for the California Adult and Family Literacy Programs.

9. Award of the Professional Services Agreement to T&G Global, LLC dba St. Nick’s, in the amount of $192,000 over two years, for the Tree, Lighting and Decorations for Holiday Events. (All Wards) Pg. 327
Recommendation:

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

1. Authorize the City Manager or their designee to execute a Professional Services Agreement with T&G Global, LLC dba St. Nick’s, for Tree Rental, Tree Lighting, and Decorations for Court Street Square Park and Parking lots for the Miracle on Court Street Holiday Event for a 2year rental term; and

2. Authorize City Manager or their designee to conduct all negotiations, signings, and submittals of necessary documents; and

3. Authorize the Director of Finance and Management Services to issue a purchase order of $96,000 annually for FY 24/25 & 25/26.

10. Approve Final Tract Map No. 20376 for 9 Townhouse Residential Units at the Northwest Corner of E. Pacific Street and N. Garden Drive (Ward 2) Pg. 370 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024218:

1. Approving Final Tract Map No. 20376 (Subdivision 2006) involving the subdivision a parcel (APN 014723107) containing approximately 0.77 acres and the development and establishment of a townhouse development comprised of nine (9) detached residential units, located at the northwest corner of E. Pacific Street and N. Garden Drive;

2. Accepting the public dedications as set forth on said map; and

3. Authorizing execution of the standard form of agreement for the subdivision improvements.

Mayor and City Council of the City of San Bernardino Page 5

11. Amendment No. 1 to Agreement with Environmental Project Services, Inc. for Citywide Sidewalk Repairs and Maintenance (All Wards) Pg. 465 Recommendation:

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

1. Authorize the City Manager to execute Amendment No. 1 to Maintenance Services Agreement with Environmental Project Services, Inc. for Concrete Maintenance Services; and

2. Authorize the Director of Finance and Management Services to issue a change purchase order in not to exceed amount of $2,000,000.

12. FiveYear Capital Project Needs Analysis for FY 2025/26 to FY 2029/2030 for Measure I Expenditures (All Wards) Pg. 500
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024219 approving the FiveYear Capital Project Needs Analysis (FY 2025/2026 through FY 2029/30) for Measure I Expenditure.

13. Annexation of the Spring Trails Specific Plan Project and the 26Acre Totally Surrounded Island (Ward 5) Pg.515
Recommendation:

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

1. Resolution No. 2024220 of the Mayor and City Council of the City of San Bernardino, California, making application to the Local Agency Formation Commission for San Bernardino County (LAFCO) for Reorganization to include Annexation to the City of San Bernardino and Detachment from County Service Area 70, generally northerly of Meyers Road and Easterly of Martin Ranch Road (known as the Spring Trails Specific Plan Project); and

2. Resolution No. 2024221 of the Mayor and City Council of the City of San Bernardino, California, making an application to the Local Agency Formation Commission of San Bernardino County (LAFCO) for Reorganization to include Annexation to the City of San Bernardino and Detachment from County Service Area 70, generally northerly of Meyers Road and Easterly of Martin Ranch Road (known as the 26Acre Totally Surrounded Island); and

3. Direct the City Manager to transmit the Resolutions to the Director of the Local Agency Formation Commission.

DISCUSSION

14. Confirm Appointment and Approve Employment Agreement for the Position of City Manager Pg. 968
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve and authorize the Mayor to execute an employment agreement for the position of City Manager with Rochelle Clayton, with an effective date of October 2, 2024, as decided by the City Council and reported in public on the same date.

Mayor and City Council of the City of San Bernardino Page 6

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on November 20, 2024 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Mayor and City Council of the City of San Bernardino Page 7

CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, Chief Deputy City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the November 6, 2024, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, November 1, 2024.

I declare under the penalty of perjury that the foregoing is true and correct.

Telicia Lopez
Telicia Lopez, CMC, Chief Deputy City Clerk
Mayor and City Council of the City of San Bernardino Page 8 NOTICE:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.

Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.

Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.

Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.

Rule 5. Time Limits:

5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.

5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.

Mayor and City Council of the City of San Bernardino Page 9 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments.

Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

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

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

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

Mayor and City Council of the City of San Bernardino Page 10 ALTERNATE MEETING VIEWING METHOD:

If there are issues with the main live stream for the Mayor and City Council you may view the alternate stream on TV3
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6

PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:

Written comments can be emailed to [email protected]. Written public comments received up to 2:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup .

Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 2:30 p.m. deadline will not be accepted.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe.

Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting.

MEETING TIME
NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M.to discuss specified items.”

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: November 6, 2024
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney
Subject: CLOSED SESSION
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Ortiz Enterprises, Incorporated v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB240279
B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
Title: City Manager
C) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mayor or other Mayor and Council designee
Unrepresented employee: City Manager
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 6, 2024
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Adopting and Amending the Conflict of Interest Code Pursuant to the Political Reform Act of 1974 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution No. 2024-214, approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

Executive Summary
The Political Reform Act (PRA) is a California law designed to promote transparency in government and establishes guidelines for disclosure of financial interests. Agencies are mandated to update their conflict-of-interest codes periodically to reflect changes in their operational landscape, shifts in personnel, changes in the agency's functions, and modifications in the law. Revisions also account for new positions or roles within the agency that may require disclosure of financial interests. Staff has completed a review of the city’s conflict-of-interest code and identified the necessary amendments.

Background
The Political Reform Act of 1974, Government Code Section 8100 et seq. (the “Act”, requires all public agencies to adopt and maintain a Conflict of Interest Code. The Act further requires that agencies regularly review and update their Codes as necessary, as directed by the code-reviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). The City Council is the City’s codereviewing body. As the code-reviewing body, the City Council directed that the Code be reviewed as required under the Act. During this review, staff found that amendments to the Code are necessary. A Conflict of Interest Code requires certain employees who are most likely to be in a government decision making capacity and where potential conflicts may occur to file an annual disclosure form. This Statement of Economic Interest Form, also known as the Form 700, provides transparency and ensures accountability in two ways:

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• It provides necessary information to the public about an official’s personal financial interests to ensure that officials are making decisions in the best interest of the public and not enhancing their personal finances; and • It serves as a reminder to the public official of potential conflicts of interest so the official can abstain from making or participating in governmental decisions that are deemed conflicts of interest.

Discussion
Pursuant to the Political Reform Act (the “Act”), : (1) staff conducted a review of the City’s Conflict of Interest Code (“Code”) to determine if a change in the Code was necessary; (2) filed a biennial notice regarding the results of the review no later than required deadline and (3) amended the City’s Code pursuant to the act.

Attached is a legislative (redlined) version of the proposed amended Code. The proposed revisions are based on the establishment and recognition of new positions that must be designated, the revision of titles of existing positions, and revise disclosure categories.

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

The disclosure categories are:

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

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

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

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

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

Category 8: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, if such entities or sources have filed claims against the agency in the past 2 years, or have a claim pending before the agency.
2021-2025 Strategic Targets and Goals
The request for adopting the amended conflict of interest code aligns with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize Risk and litigation exposure. The code helps identify potential conflicts of interest; the law requires public officials and employees in designated positions in a conflict-of-interest code to report their financial interests on a form called Statement of Economic Interests (Form 700).

Fiscal Impact
There is no fiscal impact to the city in adopting the amended Conflict of Interest Code.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-214 approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

Attachments
Attachment 1 – Resolution No. 2024-214 Adopting the Amended Conflict of Interest Code
Attachment 2 – Conflict of Interest Code (Legislative)
Attachment 3 – Conflict of Interest Code (Final)
Attachment 4 – Notice of Intention
Attachment 5 – Regulation 18730 Provisions of the Conflict of Interest Code Ward:

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All Wards
Synopsis of Previous Council Actions:

March 1, 2023 – The Mayor and City Council adopted Resolution No. 2023-034 approved and adopted the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

March 3, 2021 – The Mayor and City Council adopted Resolution No. 2021-048 approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

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Resolution No. 2024-214
Resolution No. 2024-214
November 6, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-214

RESOLUTION OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA

ADOPTING AN AMENDED CONFLICT OF INTEREST

CODE PURSUANT TO THE POLITICAL REFORM
ACT OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of San Bernardino (the “City”) and requires all public agencies to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the “Code”) in compliance with the Act which was last amended March 1, 2023; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided each affected designated employee and publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on November 6, 2024, at which all present were given an opportunity to be heard on the proposed amended Code.

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

SECTION 1. The City Council does hereby adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk and available to the public for inspection and copying during regular business hours; and SECTION 2. The said amended Conflict of Interest Code shall become effective immediately after the date of its adoption and approval.

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Resolution No. 2024-214
Resolution No. 2024-214
November 6, 2024

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of November 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. 2024-214
Resolution No. 2024-214
November 6, 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. 2024-214, adopted at a regular meeting held on the 6th day of November 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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55600.00100\42657175.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
BBK – February 2023 October 2024

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO
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55600.00100\42657175.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO
(Amended March 1, 2023 November 6, 2024)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, (tit. 2 Cal. Code of Regs, § 18730), that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing, Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of San Bernardino (“City").

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. All officials and designated positions required to submit a statement of economic Interests shall file their statements with the City Clerk as the Town’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, members of the City Council, the City Manager, the City Attorney and the City Treasurer, and forward the originals of these statements to the Fair Political Practices Commission. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008)
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55600.00100\42657175.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-1 BBK – February 2023 October 2024

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO
(Amended March 1, 2023 November 6, 2024)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]

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

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

Packet Page. 21
55600.00100\42657175.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-2 BBK – February 2023 October 2024

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
Accountant III 5
Accounting Division Manager 5
Administrative Analyst (ALL) 5
Administrative Division Manager 5
Administrative Services Supervisor 5
Administrative Supervisor and Executive Assistant to the City Manager 5 Agency Director of Administrative Finance and Management Services 4 Agency Director of Community, Housing and Economic Development and Housing 1, 2 Agency Director of Public Works, Operations and Maintenance 1, 2 Animal Services Manager 5
Animal Services Supervisor 5
Aquatics Supervisor 5
Assistant Building Official 3, 5, 6
Assistant Buyer 5
Assistant Chief of Police 5
Assistant City Manager 1, 2
Assistant Planner 3, 5, 6
Assistant to the City Manager 5
Assistant to the Mayor 5
Assistant to the Mayor III 5
Associate Planner 3, 5, 6
Auditor (ALL) 5
Budget Division Manager 4
Budget Officer 4
Building Inspector (ALL) 3, 5, 6
Building Maintenance Division Manager 3, 5
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Packet Page. 22
55600.00100\42657175.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-3 BBK – February 2023 October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Building Official 3, 5, 6
Business Registration Manager 5, 6
Buyer 4
CATV Broadcast Engineering Coordinator 5
Capital Improvement Project Manager 2, 3, 5, 7
Chief Assistant City Attorney 1, 2
Chief Building Official and Safety Division Manager 3, 5, 6 Chief Deputy City Clerk 1, 2
Chief of Police 5
Chief of Staff 5
City Clerk 5
City Engineer 1, 2
Civil Engineering Division Manager 1, 2
Code Enforcement Division Manager 5
Code Enforcement Officer (ALL) 5
Community Development Block Grant (CBDG) Coordinator 5, 7 Community Intervention Program Manager 5, 7
Community Policing Specialist 5
Community Recreation Center Supervisor 5
Community Recreation Manager 5
Community Recreation Program Coordinator 5
Community Recreation Program Supervisor (Soccer) 5
Community Relations Supervisor Assistant to the City Manager 5 Community Services Center Supervisor 5
Community Services Officer Supervisor 5
Community Services Program Coordinator 5
Construction Inspector (ALL) 3, 6
Construction/Survey Manager 2, 5
Council Administrative Supervisor 5
Packet Page. 23
55600.00100\42657175.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-4 BBK – February 2023 October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Custodial Supervisor 5
Deputy City Attorney (ALL) 1, 2
Deputy City Clerk I 5
Deputy City Clerk II 5
Deputy City Manager 1, 2
Deputy Director City Engineer 1, 2
Deputy Director of Animal Services 5
Deputy Director of Economic Development 1, 2
Deputy Director of Finance Dept. and Management Services 4 Deputy Director of Housing and Homelessness 5, 7
Deputy Director of Human Resources and Risk Management 5 Deputy Director of Information Technology 5
Deputy Director of Operations 5
Deputy Director of Parks, Recreation & Community 1, 2
Deputy Director of Public Works-City Engineer 1, 2
Deputy Director/City Planner 1, 2
Deputy Engineer 1, 2
Deputy General Manager 1, 2
Deputy Library Director 5
Development Services Technician 5
Director of Animal Services 5
Director of Community & Economic Development 1, 2
Director of Economic Development 1, 2
Director of Finance 4
Director of Human Resources 5
Director of IT 5
Director of Parks, Recreation & Community Services 1, 2 Director of Public Works 1, 2
Director, Water Reclamation 3, 5, 6
Packet Page. 24
55600.00100\42657175.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-5 BBK – February 2023 October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Director, Water Utility 3, 5, 6
Disadvantaged Business Enterprise (DBE) Specialist 5
Diversity, Equity, & Inclusion Officer 5
Economic Development Division Manager 1, 2
Economic Development Manager 5
Economic Development Project Manager 1, 2
Electrical, Instrumentation, and SCADA Superintendent 5 Emergency Operations Manager 5
Engineering Assistant (ALL) 2, 3, 6
Engineering Associate 2, 5
Engineering Manager 2, 3, 5
Engineering Project Manager 2, 3, 5
Engineering Technician 5, 6
Environmental Programs Coordinator 2, 5
Environmental Control Officer Supervisor 2, 5
Equipment Maintenance Manager 5
Equipment Maintenance Supervisor 5
Executive Staff Assistant to the City Council 5
Facilities & Fleet Maintenance Division Manager 5
Facilities Maintenance Supervisor 5
Financial Analyst 5
Fleet Parts Storekeeper 5
Fleet/Warehouse Supervisor 4
Forensic Supervisor 5
Forestry Supervisor 5
General Manager – Water 1, 2
GIS Administrator 5
Grant Analyst 5, 7
Grant Division Manager 5, 7
Packet Page. 25
55600.00100\42657175.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-6 BBK – February 2023 October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Grant Manager 5, 7
Grants Assistant 5, 7
Homeless Services Coordinator 5, 7
Homeless Solutions Manager 5, 7
Housing Compliance Officer 5
Housing Division Manager 5, 7
Housing Manager 1, 2
HR Analyst (ALL) 5
Human Resources Division Manager 5
Human Resources Generalist 5
HVAC Supervisor 5
IEMG Broadcast Engineering Coordinator 5
Information Technology Manager 5
Information Technology Manager 5
Information Technology Operations Supervisor 5
IT Operations Supervisor 5
Landscape and Irrigation Inspector (ALL) 3, 5
Land Development Engineer 2, 3 ,5
Landscape Inspector (ALL) 3, 5
Landscape Maintenance District Supervisor 3, 5
Lead Building Inspector 3, 5
Lead Code Enforcement Officer 5
Legislative & Governmental Affairs Manager 5
Library Administrative Supervisor 5
Library Circulation Supervisor 5
Library Director 5
Library IT Manager 5
Library Network Administrator 5
Library Program Coordinator 5
Packet Page. 26
55600.00100\42657175.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-7 BBK – February 2023 October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Maintenance Supervisor 5
Management Analyst II 5, 7
Manager of Communications 5
Marketing and Public Relations Specialist 5
Neighborhood & Customer Service Manager 5
Network Systems Administrator 5
NPDES Inspector II 3, 5, 6
NPDES Manager 3, 5, 6
Operations & Maintenance Division Manager 2, 5
Parks and Landscape Maintenance Supervisor 5
Parks and Landscape Supervisor 5
Parks Construction Lead Worker 5
Parks Maintenance Division Manager 5
Parks Ranger Supervisor 5
Parks Superintendent 3, 5
Permit Services Supervisor 5, 6
Planning Division Manager 2, 3, 5, 6
Plans Examiner (ALL) 2, 3, 5, 6
Police Captain 5
Police Dispatch Manager 5
Police Dispatch Supervisor 5
Police Lieutenant 5
Principal Civil Engineer 2, 3, 5, 6
Principal Engineer, Public Works Dept. 2, 5
Principal Engineer, Water Dept. 2, 3, 5
Principal Planner 2, 3, 5, 6
Procurement/Contract Support Services Division Manager [Position’s title revised to Purchasing Division Manager listed below] 5
Project Manager 2, 3, 5
Packet Page. 27
55600.00100\42657175.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-8 BBK – February 2023 October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Project Manager of Community Development Programs 5
Project Manager of Housing Programs 3, 5
Public Information Officer 5
Public Safety and Training Officer 5
Public Safety IT Manager 5
Public Works Inspector III 3, 5
Purchasing Division Manager 4 5
Rangemaster 5
Real Property Manager 1, 2
Real Property Specialist 1, 2
Recreation Therapist 5
Retired & Senior Volunteer Program Manager 5
Risk Division Manager 5, 8
Senior Civil Engineer 2, 3, 5, 6
Senior Civil Engineer/Division Manager 2, 3, 5, 6
Senior Code Enforcement Officer 5
Senior Companion Program Manager 5
Senior GIS Analyst 5
Senior HR/Risk Analyst 5
Senior Human Resources Technician 5
Senior IT Analyst 5
Senior Librarian 5
Senior Management Analyst 5
Senior Network Administrator 5
Senior Network Specialist 5
Senior Network System Administrator 5
Senior Nutrition Food Services Supervisor 5
Senior Planner 2, 3, 5
Senior Plans Examiner 2, 3, 5, 6
Packet Page. 28
55600.00100\42657175.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-9 BBK – February 2023 October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Station Manager 5
Street Signal/Lighting Supervisor 5
Supervising Human Resources Analyst 5
Technology Librarian 5
Traffic Engineer 2, 3, 5
Traffic Engineering Associate 2, 3, 5
Traffic Operations Systems Analyst 2, 3, 5
Traffic Signal and Lighting Supervisor 3, 5
Treasury Manager 5
Treasury Supervisor 1, 2
Water Reclamation Maintenance Superintendent 5
Water Reclamation Operations Superintendent 5
Water Utility Distribution Superintendent 5
Water Utility Operations Superintendent 5
Water Utility Water Quality Control Officer 5

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-10 BBK – February 2023 October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Consultants and New Positions2
2 Individuals serving as a consultant as defined in FPPC Reg. 18700.3(a) or in a new position must file under the broadest disclosure category set forth in this Code subject to the following limitation:

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

Packet Page. 30
55600.00100\42657175.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. B-1 BBK – February 2023 October 2024
PART “B"

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

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

Category 6: All investment and business positions in business entities and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, licensing authority of the designated employee’s department, unit or division. 3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) Packet Page. 31
55600.00100\42657175.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. B-2 BBK – February 2023 October 2024
Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.

Packet Page. 32
55600.00100\42657175.3

LAW OFFICES OF

BEST BEST & KRIEGER LLP
BBK – October 2024

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO
Packet Page. 33
55600.00100\42657175.3

LAW OFFICES OF

BEST BEST & KRIEGER LLP

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO
(Amended November 6, 2024)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, (tit. 2 Cal. Code of Regs, § 18730), that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing, Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of San Bernardino (“City").

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-1 BBK – October 2024

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN BERNARDINO
(Amended November 6, 2024)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]

Packet Page. 35
55600.00100\42657175.3

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-2 BBK – October 2024

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
Accountant III 5
Accounting Division Manager 5
Administrative Analyst (ALL) 5
Administrative Division Manager 5
Administrative Services Supervisor 5
Administrative Supervisor and Executive Assistant to the City Manager 5 Animal Services Manager 5
Animal Services Supervisor 5
Aquatics Supervisor 5
Assistant Building Official 3, 5, 6
Assistant Buyer 5
Assistant Chief of Police 5
Assistant City Manager 1, 2
Assistant Planner 3, 5, 6
Assistant to the City Manager 5
Assistant to the Mayor 5
Assistant to the Mayor III 5
Associate Planner 3, 5, 6
Auditor (ALL) 5
Budget Division Manager 4
Budget Officer 4
Building Inspector (ALL) 3, 5, 6
Building Maintenance Division Manager 3, 5
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Packet Page. 36
55600.00100\42657175.3

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-3 BBK – October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Building Official 3, 5, 6
Business Registration Manager 5, 6
Buyer 4
Capital Improvement Project Manager 2, 3, 5, 7
CATV Broadcast Engineering Coordinator 5
Chief Assistant City Attorney 1, 2
Chief Building Official and Safety Division Manager 3, 5, 6 Chief Deputy City Clerk 1, 2
Chief of Police 5
Chief of Staff 5
City Clerk 5
City Engineer 1, 2
City Planner 1, 2
Civil Engineering Division Manager 1, 2
Code Enforcement Division Manager 5
Code Enforcement Officer (ALL) 5
Community Development Block Grant (CBDG) Coordinator 5, 7 Community Intervention Program Manager 5, 7
Community Policing Specialist 5
Community Recreation Center Supervisor 5
Community Recreation Manager 5
Community Recreation Program Coordinator 5
Community Recreation Program Supervisor (Soccer) 5
Community Relations Supervisor Assistant to the City Manager 5 Community Services Center Supervisor 5
Community Services Officer Supervisor 5
Community Services Program Coordinator 5
Construction Inspector (ALL) 3, 6
Construction/Survey Manager 2, 5
Packet Page. 37
55600.00100\42657175.3

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-4 BBK – October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Council Administrative Supervisor 5
Custodial Supervisor 5
Deputy City Attorney (ALL) 1, 2
Deputy City Clerk I 5
Deputy City Clerk II 5
Deputy City Manager 1, 2
Deputy Director City Engineer 1, 2
Deputy Director of Animal Services 5
Deputy Director of Economic Development 1, 2
Deputy Director of Finance and Management Services 4
Deputy Director of Housing and Homelessness 5, 7
Deputy Director of Human Resources and Risk Management 5 Deputy Director of Information Technology 5
Deputy Director of Operations 5
Deputy Director of Parks, Recreation & Community 1, 2
Deputy Director of Public Works-City Engineer 1, 2
Deputy Engineer 1, 2
Deputy General Manager 1, 2
Deputy Library Director 5
Development Services Technician 5
Director of Animal Services 5
Director of Community & Economic Development 1, 2
Director of Community Development and Housing 1, 2
Director of Economic Development 1, 2
Director of Finance 4
Director of Finance and Management Services 4
Director of Human Resources 5
Director of IT 5
Director of Parks, Recreation & Community Services 1, 2 Packet Page. 38
55600.00100\42657175.3

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-5 BBK – October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Director of Public Works 1, 2
Director of Public Works, Operations and Maintenance 1, 2 Director, Water Reclamation 3, 5, 6
Director, Water Utility 3, 5, 6
Disadvantaged Business Enterprise (DBE) Specialist 5
Diversity, Equity, & Inclusion Officer 5
Economic Development Division Manager 1, 2
Economic Development Manager 5
Economic Development Project Manager 1, 2
Electrical, Instrumentation, and SCADA Superintendent 5 Emergency Operations Manager 5
Engineering Assistant (ALL) 2, 3, 6
Engineering Associate 2, 5
Engineering Manager 2, 3, 5
Engineering Project Manager 2, 3, 5
Engineering Technician 5, 6
Environmental Programs Coordinator 2, 5
Environmental Control Supervisor 2, 5
Equipment Maintenance Manager 5
Equipment Maintenance Supervisor 5
Executive Staff Assistant to the City Council 5
Facilities & Fleet Maintenance Division Manager 5
Facilities Maintenance Supervisor 5
Financial Analyst 5
Fleet Parts Storekeeper 5
Fleet/Warehouse Supervisor 4
Forensic Supervisor 5
Forestry Supervisor 5
General Manager – Water 1, 2
Packet Page. 39
55600.00100\42657175.3

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-6 BBK – October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
GIS Administrator 5
Grant Analyst 5, 7
Grant Division Manager 5, 7
Grant Manager 5, 7
Grants Assistant 5, 7
Homeless Services Coordinator 5, 7
Homeless Solutions Manager 5, 7
Housing Compliance Officer 5
Housing Division Manager 5, 7
Housing Manager 1, 2
HR Analyst (ALL) 5
Human Resources Division Manager 5
Human Resources Generalist 5
HVAC Supervisor 5
IEMG Broadcast Engineering Coordinator 5
Information Technology Manager 5
Information Technology Manager 5
Information Technology Operations Supervisor 5
IT Operations Supervisor 5
Land Development Engineer 2, 3 ,5
Landscape and Irrigation Inspector (ALL) 3, 5
Landscape Inspector (ALL) 3, 5
Landscape Maintenance District Supervisor 3, 5
Lead Building Inspector 3, 5
Lead Code Enforcement Officer 5
Legislative & Governmental Affairs Manager 5
Library Administrative Supervisor 5
Library Circulation Supervisor 5
Library Director 5
Packet Page. 40
55600.00100\42657175.3

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-7 BBK – October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Library IT Manager 5
Library Network Administrator 5
Library Program Coordinator 5
Maintenance Supervisor 5
Management Analyst II 5, 7
Manager of Communications 5
Marketing and Public Relations Specialist 5
Neighborhood & Customer Service Manager 5
Network Systems Administrator 5
NPDES Inspector II 3, 5, 6
NPDES Manager 3, 5, 6
Operations & Maintenance Division Manager 2, 5
Parks and Landscape Maintenance Supervisor 5
Parks and Landscape Supervisor 5
Parks Construction Lead Worker 5
Parks Maintenance Division Manager 5
Parks Ranger Supervisor 5
Parks Superintendent 3, 5
Permit Services Supervisor 5, 6
Planning Division Manager 2, 3, 5, 6
Plans Examiner (ALL) 2, 3, 5, 6
Police Captain 5
Police Dispatch Manager 5
Police Dispatch Supervisor 5
Police Lieutenant 5
Principal Civil Engineer 2, 3, 5, 6
Principal Engineer, Public Works Dept. 2, 5
Principal Engineer, Water Dept. 2, 3, 5
Principal Planner 2, 3, 5, 6
Packet Page. 41
55600.00100\42657175.3

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-8 BBK – October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Project Manager 2, 3, 5
Project Manager of Community Development Programs 5
Project Manager of Housing Programs 3, 5
Public Information Officer 5
Public Safety and Training Officer 5
Public Safety IT Manager 5
Public Works Inspector III 3, 5
Purchasing Division Manager 5
Rangemaster 5
Real Property Manager 1, 2
Real Property Specialist 1, 2
Recreation Therapist 5
Retired & Senior Volunteer Program Manager 5
Risk Division Manager 5, 8
Senior Civil Engineer 2, 3, 5, 6
Senior Civil Engineer/Division Manager 2, 3, 5, 6
Senior Code Enforcement Officer 5
Senior Companion Program Manager 5
Senior GIS Analyst 5
Senior HR/Risk Analyst 5
Senior Human Resources Technician 5
Senior IT Analyst 5
Senior Librarian 5
Senior Management Analyst 5
Senior Network Administrator 5
Senior Network Specialist 5
Senior Network System Administrator 5
Senior Nutrition Food Services Supervisor 5
Senior Planner 2, 3, 5
Packet Page. 42
55600.00100\42657175.3

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-9 BBK – October 2024
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Senior Plans Examiner 2, 3, 5, 6
Station Manager 5
Street Signal/Lighting Supervisor 5
Supervising Human Resources Analyst 5
Technology Librarian 5
Traffic Engineer 2, 3, 5
Traffic Engineering Associate 2, 3, 5
Traffic Operations Systems Analyst 2, 3, 5
Traffic Signal and Lighting Supervisor 3, 5
Treasury Manager 5
Treasury Supervisor 1, 2
Water Quality Control Officer 5
Water Reclamation Maintenance Superintendent 5
Water Reclamation Operations Superintendent 5
Water Utility Distribution Superintendent 5
Water Utility Operations Superintendent 5

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

Packet Page. 43
55600.00100\42657175.3

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. B-1 BBK – October 2024
PART “B"

Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) Packet Page. 44
55600.00100\42657175.3

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. B-2 BBK – October 2024
Category 8: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, if such entities or sources have filed claims against the agency in the past 2 years, or have a claim pending before the agency.

Packet Page. 45
55600.00100\42816037.1

NOTICE OF INTENTION TO AMEND THE

CONFLICT OF INTEREST CODE OF THE

CITY OF SAN BERNARDINO
NOTICE IS HEREBY GIVEN that the City of San Bernardino intends to amend its Conflict of Interest Code (the “Code”) pursuant to Government Code section 87306.

The Appendix of the Code designates those employees, members, officers, and consultants who make or participate in the making of decisions and are subject to the disclosure requirements of the City’s Code. The City’s proposed amendment adds new positions that must be designated, revises titles to existing positions, and revise disclosure categories.

The proposed amended Code will be considered by the City Council on November 6, 2024, at 5:00 p.m. at the City of San Bernardino, 290 North D Street, San Bernardino, California. Any interested person may be present and comment at the public meeting or may submit written comments concerning the proposed amendment.

Any comments or inquiries should be directed to the attention of Genoveva Rocha, City Clerk, City of San Bernardino, 290 North D Street, San Bernardino, CA 92401; (909) 384-5208; [email protected]. Written comments must be submitted no later than November 6, 2024, at 5:00 p.m.

The proposed amended Code may be reviewed at, and copies obtained from, the office of the City Clerk.

Packet Page. 46
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

Packet Page. 47
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's Packet Page. 48
3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.

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4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

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5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:

1. A statement of the nature of the investment or interest; Packet Page. 51
6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;
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7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520.

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8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from Packet Page. 54
9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

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10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

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11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.

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12 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.

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13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.

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14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.

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15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).

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16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

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17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, Packet Page. 63
18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Packet Page. 64
19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, Packet Page. 65
20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Packet Page. 66
21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 6, 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: