Agenda packet — Mayor and City Council, April 16, 2025 (part 2 of 2)

section 2782.8 which is fully incorporated herein) Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement; and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim (including the cost to defend) shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq.; as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws if applicable. Consultant shall defend, indemnify, and hold the City (its elected officials, officers, employees and agents) free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions (which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1)). a. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations pursuant to Labor Code Sections 1725.5 and 1771.1. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility. Consultant verifies that it fully complies with all requirements and restrictions of state and Federal law respecting the employment of undocumented aliens (including, but not limited to, the Immigration Reform and Control Act of 1986 as may be amended from time to time) by executing this Agreement, and shall require all subconsultants and sub-subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or Federal court situated in the County of San Bernardino, State of California.

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

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In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports, and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon sixty (60) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant shall furnish clarification and/or explanation as may be required by the City’s representative regarding any services rendered under this Agreement at no additional cost to City when requested. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall provide all other services necessary to rectify and correct the matter in accordance with the terms of this Agreement and applicable professional standards, and participate in any meeting required with regard to the correction at no additional cost to City.

23. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

24. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement, and in the performance of its obligations hereunder except as expressly provided herein.

25. Documents. Except as otherwise provided in “Termination or Abandonment” above all original field notes, written reports, Drawings and Specifications and other documents specifically produced or developed by Consultant for the Project and required to be delivered to the City under this Agreement shall be furnished to and become the property of the City upon payment in full for the services described in this Agreement.

26. Organization. Consultant shall assign Samuel Singery as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City, which shall not unreasonably be withheld.

27. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

28. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Packet Page. 764

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Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY: CONSULTANT:

City of San Bernardino Eide Bailly
Vanir Tower, 290 North D Street 10681 Foothill Blvd. #300 San Bernardino, CA 92401 Rancho Cucamonga, CA 91730
Attn: Jeannie Fortune Attn: Samuel Singery
Finance Deputy Director Manager
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney

29. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

30. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

31. Entire Agreement. This Agreement (including Exhibit “A” and Consultant’s Engagement Letter) represents the entire understanding of City and Consultant as to those matters contained herein; and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered hereunder.

32. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this Agreement shall remain in full force and effect.

33. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators, and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

34. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

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No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

35. Time of Essence. Time is of the essence for each and every provision of this Agreement.

36. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

37. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

38. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

39. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person (other than a bona fide employee working solely for Consultant) any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. No official, officer, or employee of City during the term of his or her service with City shall have any direct interest in this Agreement or obtain any present or anticipated material benefit arising therefrom for the term of this Agreement.

40. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

41. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

42. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

43. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with Performance Indicators may result in disciplinary action as follows:

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(a) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(b) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.

This time period
(c) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR

PROFESSIONAL SERVICE AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO

AND EIDE BAILLY LLP
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY SAN BERNARDINO
Approved By:

Rochelle Clayton
Acting City Manager
Attested By:

Genoveva Rocha, CMC
City Clerk
Approved as to Form:

City Attorney
Best Best & Krieger LLP

EIDE BAILLY LLP
Signature
Bradford Rockabrand _____
Partner
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Attachment A
Scope of Service and Fees for

YEAR-END FINANCIAL CONSULTING SERVICES
Description of Services
Preparation of new or revised workpapers and tools for reconciliations and any other needs as directed by the County, assistance with year-end close for 23/24, GASB 87/96 implementation assistance, assessment of interrelationships with the County Treasurer, Public Trustee, and Department of Human Services and recommendations for any related changes, written organizational assessment of current finance department practices, processes, procedures, systems, and controls, development of standard operating procedures and related workpapers as directed by the County, training of County staff throughout the engagement in the use of new tools, workpapers, and procedures as developed.

Description of Quantity Unit Cost
Lump Sum Amount $99,000
Should the proposer be requested to perform additional finance related services, the following positions and hourly rates are as follows:

Staff Manager (or similar as Manager) $265, hourly rate Staff Associate (or similar as Senior Associate) $201, hourly rate Packet Page. 769
-1-
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

WITH EIDE BAILLY, LLP
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of April 16, 2025 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Eide Bailly, LLP, a limited liability partnership (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated November 14, 2024, for the purpose of providing accounts payable auditing services of the City’s Finance Department (the “Original Agreement”).

B. WHEREAS, the City and the Consultant will enter into Amendment No. 1 to the Original Agreement, dated April 16, 2025, for the purpose of amending the scope of work to include additional year-end and day-to-day accounting support services, to increase the total not to exceed annual amount from $99,000 to $200,000, and to extend the agreement to June 30, 2026.

C. WHEREAS, the Parties now desire to amend the Original Agreement in order to increase the scope as reflected in Attachment A-1 to provide sufficient accounting support services and year-end consulting services and to extend the Original Agreement from one year to two years.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Term. The term of the Original Agreement shall be extended for an additional term of one year through June 30, 2026, unless earlier terminated.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed $200,000 annually (increase of $101,000), thereby increasing the total not to exceed compensation of the Original Agreement to the amount of $400,000. Work shall be performed at the rates set forth in the Original Agreement.

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance Packet Page. 770
-2-
provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

WITH EIDE BAILEY LLP
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Bill Gallardo
Interim City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

EIDE BAILLY, LLP
Bradford Rockabrand, CPA, CIA
Partner
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Attachment A-1
Scope of Service and Fees for
ACCOUNTING SUPPORT SERVICES and

YEAR-END FINANCIAL CONSULTING SERVICES
Description of Services (for Fiscal Years 2024-25 and 2025-26) Estimated Work Schedule
Task
Milestones
(annually)
Deliverables
Project Kick-Off Meeting July 2024 and July 2025 Schedule of year-end close and audit preparation checklist
Year-End Close and Financial
Assistance as directed by the
City
April 2025 – June 2026 Assist Interim Director of Finance with day-to-day operations and provide
Year-end close schedules and audit
schedules
Audit Completion and
Finalization of Financial
Reports
December 2024 and
December 2025
Final Annual Comprehensive
Financial Report (ACFR) and Popular
Annual Financial Report (PAFR)
Additional In-Scope Projects
(Accounting Support Services),
as directed by the City
April 2025 – June 2026 To be determined based on
subsequent discussions with the City
for accounting support service needs
Description of Quantity Unit Cost
Lump Sum Amount: $200,000 annually for FY2024-25 and FY2025-26 Should the consultant be requested to perform additional finance related services, the following positions and hourly rates are as follows:

Staff Manager (or similar as Manager) $265, hourly rate Staff Associate (or similar as Senior Associate) $201, hourly rate Packet Page. 773

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 16, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City City Manager;
C. Jeannie Fortune, Interim Director of Finance and Management Services
Department: Finance & Management Services
Subject: Updating Assessment Engineer's Reports For Previously Formed Landscape and Lighting Maintenance Districts
(All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2025-274 initiating the proceedings to levy and collect assessments for FY 2025/26 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer's Report.

Executive Summary
The City must update the Engineer’s Report annually for all previously formed Landscaping and Lighting Maintenance Districts, hold a public hearing for the assessment of the levy upon real property within each Assessment District for the upcoming fiscal year, and submit the information and any corrections to San Bernardino County no Later than August 10 of each year.

Background
The City Council previously formed Landscape & Lighting and Street & Drainage Maintenance Districts as a condition of approval for private development projects. The assessment engineer's report that establishes the amount of an annual assessment in each of the Districts must be updated annually and approved by the City Council, following a public hearing, in order to levy the annual assessments.

Discussion
Development projects are approved subject to Conditions of Approval that require the formation of maintenance districts to recover the costs of annual maintenance of public Packet Page. 774
improvements constructed as a result of the development project.

The assessment of an annual fee upon properties within the District provides the revenue to offset the cost of maintenance of the public improvements necessary to serve the development.

California Streets and Highways Code §22620 et. seq. with respect to Landscape and Lighting Districts and Government Code §53750 et. seq. with respect to Street and Drainage Maintenance Districts require that the assessment engineer's report for each of the Districts be updated and approved by the legislative body prior to the levy of any annual assessment on properties within an assessment district. The tentative schedule for the annual update of the assessment districts which is prepared based on information provided by the San Bernardino County Auditor- Controller-Recorders office is as follows:

April 16, 2025: Mayor and City Council direction of preparation of an assessment engineer’s report describing any new improvements or any substantial changes in the existing improvements in the existing assessment districts.

May 21, 2025: Mayor and City Council (1) preliminarily approving the engineering reports for the existing assessment districts and directing the filing of such reports with the City Clerk, and (2) setting the date for the public hearing at 5:00 PM on Wednesday, July 2, 2025, in the City of San Bernardino Council Chamber, 555 W 6th Street, San Bernardino, CA 92410 pursuant to California Streets and Highways Code Sections 22552 and 22553 and Government Code Section 53753.5 to consider the levy of annual assessments upon real property.

June 18, 2025: Deadline for submission of preliminary notice of assessments to San Bernardino County.

July 2, 2025: Mayor and City Council public hearing and approval of the levy of assessments upon real property within each of the Districts for fiscal year 2025-26.

August 1, 2025: Deadline for submission of final notice of assessments to San Bernardino County.

August 10, 2025: Last day for submission of corrections to San Bernardino County. The City has formed sixty-nine (69) such assessment districts. 2021-2025 Strategic Targets and Goals
This project is consistent with Goal No. 1. Improved Operational & Financial Capacity and Goal No. 4 Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

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Fiscal Impact
There is no fiscal impact to the City. The assessment on properties within the Assessment Districts provide revenue to offset the cost of maintenance of public improvements to serve the development projects. The engineering reports set forth the “Maximum Allowable Assessment” for each parcel.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-274 initiating the proceedings to levy and collect assessments for FY 2025/26 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer’s Report.

Attachments
Attachment 1 Resolution No. 2025-274; Initiating Proceedings to Levy and Collect Assessments for FY 2025/26, Appointing the Engineer of Record, and Ordering the Engineer’s Report.

Ward:

All Wards
Synopsis of Previous Council Actions:

Mayor and City Council previously formed sixty-nine Assessment Districts.

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Resolution No. 2025-274
Resolution No. 2025-274
April 16, 2025

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RESOLUTION NO. 2025-274

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

INITIATING PROCEEDINGS TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2025-26 IN

ASSESSMENT DISTRICTS PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972,

APPOINTING THE ENGINEER OF RECORD, AND
ORDERING PREPARATION OF ENGINEER’S REPORTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has previously determined that the public interest, convenience, and necessity require the installation, construction, and maintenance of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities within the City of San Bernardino (the “City”), as authorized by the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”) and has established the following assessment districts (the “Assessment Districts”) within the City: Assessment District No. 951 Zone 1 and Zone 2 (Wagonwheel Road Area), Assessment District No. 952 Zone 1, Zone 2, Zone 2A and Zone 3 (State College Area), Assessment District No. 953 (16th Street), Assessment District No. 956 (Carnegie Drive Area), Assessment District No. 959 Zone 1 (Shandin Hills), Assessment District No. 962 (Pine Avenue Area), Assessment District No. 963 (Allen Street), Assessment District No. 968 (Airport Drive), Assessment District No. 974 (Rialto Avenue between Eucalyptus and Pepper), Assessment District No. 975 (Pepper and Mill Area), Assessment District No. 976 (Pine and Belmont), Assessment District No. 981 (Meridian and Randall Avenue), Assessment District No. 982 (Piedmont Drive Area), Assessment District No. 986 (Rialto and Macy Area), Assessment District No. 989 (Mill and Macy Area), Assessment District No. 991 (Verdemont and Olive Area), Assessment District No. 993 (Cajon and June Area), Assessment District No. 997 (Chestnut Area), Assessment District No. 1001 (Pennsylvania and Birch Area), Assessment District No. 1002 (North “H” Street Area), Assessment District No. 1005 (Cajon and Pepper Linden Area), Assessment District No. 1007 (Pepper and Randall Area), Assessment District No. 1012 (Mill/Burney Area), Assessment District No. 1016 (Coulston Area), Assessment District No. 1017 (Kendall and Pine Area), Assessment District No. 1019 (Northpark and Mountain Area), Assessment District No. 1020 (Mill Street and Dallas Avenue Area), Assessment District No. 1022 Zone 1, Zone 2 and Zone 3 (San Bernardino International Airport/Alliance-California), Assessment District No. 1023 (Elm Avenue and Coulston Street Area), Assessment District No. 1024 (Inland Center Drive and Riverwalk Drive Area), Assessment District No. 1025 (Palm Avenue and Washington Avenue Area), Assessment District No. 1027 (Waterman Avenue and Washington Street Area), Assessment District No. 1028 (Ohio Avenue and Walnut Avenue Area), Assessment District No. 1029 (California Street and 16th Street Area), Assessment District No. 1030 (Magnolia Avenue and Ohio Avenue Area), Assessment District No. 1031 (Irvington Avenue and Olive Avenue Area), Assessment District No. 1032 (Palm Avenue and Verdemont Drive), Assessment District No. 1035, Zone 1 and Zone 2 (Palm Avenue and Meyers Road), Assessment Packet Page. 777
Resolution No. 2025-274
Resolution No. 2025-274
April 16, 2025

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District No. 1036 (Northpark Boulevard and Campus Parkway), Assessment District No. 1037 (Belmont Avenue and Magnolia Avenue), Assessment District No. 1038 (Orange Show Road and Arrowhead Avenue), Assessment District No. 1039 (Irvington Avenue and Chestnut Avenue Area), Assessment District No. 1040 (Arcacia Avenue and Hill Drive Area), Assessment District No. 1041 (Magnolia Avenue and Ohio Avenue Area), Assessment District No. 1042 (Shandin Hills Drive and Shady Creek Drive), Assessment District No. 1043, Zone 1 and Zone 2 (Palm Avenue and Irvington Avenue Area), Assessment District No. 1045 (Waterman Avenue and Orange Show Road Area), Assessment District No. 1046 (Northpark Boulevard and Northstar Avenue Area), Assessment District No. 1047 (Ohio Avenue and Pine Avenue Area), Assessment District No. 1048 (Eucalyptus Avenue and Randall Avenue Area), Assessment District No 1049 (Ohio Avenue and Chestnut Avenue Area), Assessment District No. 1050 (Pepper Avenue and Rialto Avenue Area), Assessment District No. 1051 (Olive Avenue and Belmont Avenue Area), Assessment District No. 1052 (Belmont Avenue and Chestnut Avenue Area), Assessment District No. 1054 (Campus Parkway and Valles Drive Area), Assessment District No. 1055 (Pine Avenue and Redwood Street Area), Assessment District No. 1056 (Magnolia Avenue and Garfield Street Area), Assessment District No. 1057 (Cajon Boulevard and University Parkway Area), Assessment District No. 1059 (Orange Show Road and Tippecanoe Avenue Area), Assessment District No. 1060 (Chiquita Lane and Date Street Area), Assessment District No. 1063 (Central Avenue and Lena Road Area), Assessment District No. 1064 (Cajon Boulevard and Glen Helen Parkway Area), and Assessment District No. 1068 (Tippecanoe Avenue and Central Avenue Area); and
WHEREAS, the City Council has determined that the public interest, convenience, and necessity require the continued levy of assessments within the Assessment Districtsfor the purpose of installing, constructing, operating, and maintaining public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities authorized by the Act.

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

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

SECTION 2. The City Council hereby initiates proceedings pursuant to the Act to levy and collect annual assessments within the Assessment Districts for the maintenance, servicing and operating of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities during fiscal year 2025-26.

SECTION 3. The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains.

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Resolution No. 2025-274
Resolution No. 2025-274
April 16, 2025

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SECTION 4. The proceedings for the annual levy of the assessments are to be conducted pursuant to the Act.

SECTION 5. Spicer Consulting Group, LLC. is hereby appointed as Engineer of Record for the purpose of preparing the written report provided for in Section 22567 of the Streets and Highways Code with respect to the levy of assessments for fiscal year 2025-26 for each of the Assessment Districts, and is hereby directed to prepare and file such reports with the City Clerk.

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of April, 2025.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Telicia Lopez, Acting City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
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Resolution No. 2025-274
Resolution No. 2025-274
April 16, 2025

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I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-274, adopted at a regular meeting held on the 16th day of April 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this__ day of __ 2025. ______________________________
Telicia Lopez, CMC, Acting City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 16, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Ed Erjavek, Library Director
Department: Library
Subject: Adopt Resolution Accepting $53,642 in Library Literacy Program ESL Grant Funding (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-275:

1. Accepting annual grant funding of $53,642 for FY 2024/25 and FY 2025/26 for the English as a Second Language (ESL) grant program 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 adopted FY 2024/25 Operating Budget for the Library’s Literacy program including adjusting the ESL budget to appropriate the revenues and expenditures for the remaining $35,443 of funding received as only $18,199 was appropriated in the FY 2024/25 budget adopted by the Mayor and City Council on June 26, 2024.

Executive Summary
The Library received the ESL Grant Award Letter in January 2024 but $35,443 for revenues and expenditures primarily for personnel were not appropriated in the FY 2024/25 budget adopted by the Mayor and City on June 26, 2024, so this action is a correction. These grant funds do not have any match requirement and as a result, there is not any impact to the General Fund.

Background
The San Bernardino Public Library (SBPL) has a Literacy Department at the Feldheym Central Library, in the Jack L. Hill Lifelong Learning Center, that is mostly grant funded. Other grants the Literacy Department receives include:

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Workforce Innovation and Opportunity Act (WIOA) funding via California Dept. of Education:

The federal funding from WIOA that is disbursed by the California Department of Education helps support staffing in order to offer one-on-one basic English tutoring for adults looking to improve their reading, writing, or English-speaking skills: and citizenship history and interview test preparation.

California State Library’s California Library Literacy Services These grants help support staff funding as well as material supplies for programs and learners. These supplies and staff allow the Jack L Hill Lifelong Learning Center to offer additional tutoring and programs for adults whose first language is English but still need help with improving their reading and writing skills in order to be successful in their careers and daily lives. Funding is also provided to offer programs for learners and their families to teach new skills and ways to interact and support their family members and community.

When the FY 2045/25 budget was adopted by the Mayor and City Council on June 26, 2024, only $18,199 for revenues and expenditures were appropriated for Maintenance and Operations for the ESL Program but not the remaining $35,443 that was primarily to go to Personnel costs, including salaries and benefits, so this is a correction.

Discussion
The Library utilizes CLLS ESL grant funding for multiple purposes. Most importantly, the funding helps support wages and benefits for the full-time department staff. The funding is also used to purchase workbooks and other materials for adult ESL learners to help them improve their literacy skills. CLLS ESL funding is also used to help support the purchase of databases such as Reading Horizons and Pronunciator.

With any additional funds left over, the department staff is able to purchase supplies that support and enhance their job functions to help educate learners to the best of the Library's ability.
2021-2025 Strategic Targets and Goals
The acceptance and administration of this funding aligns with Key Target No. 1:

Improved Financial and Operational Capacity - Improved Quality of Life, with customer service.

Fiscal Impact
There is no fiscal impact to the General Fund in FY 2024/25 and FY 2025/26 with the acceptance of this grant as there are no fund match requirements.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-275:

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Attachments
Attachment 1 Resolution 2025-275
Attachment 2 CLLS ESL Grant Award Letter for FY 2024-25 and FY 2025-26 Ward:

All Wards
Synopsis of Previous Council Actions:

November 6, 2024 Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2024217, approving 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). 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.

June 26, 2024 Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2024-142 approving the City of San Bernardino’s Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement Plan including partial
appropriation of ESL funding for Fiscal Years 2024/25 and 2025/26.

May 1, 2024 Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2024092, authorizing the Director of Finance and Management Services to amend and appropriate $29,786 in grant funding from the California Department of Education in both revenues and expenditures to the Fiscal Year 2023 – 2024 Operating Budget for the Workforce Innovation and Packet Page. 783
Opportunity Act, Title II: Adult Education and Family Literacy Act program. This was one-time supplemental funding.

October 4, 2023 Mayor and City Council of the City of San Bernardino, California adopted Resolution No. 2023-148 approving grant funding in the amounts of $99,287 from the California Department of Education; $60,719 for Adult Literacy Services, $20,615 for Family Literacy Services and $43,642 for English as a Second Language from the California State Library for Literacy Program services.

August 16, 2023 Mayor and City Council of the City of San Bernardino, California, approved the following: A technical correction of the grant funding that was accepted on November 2, 2022 (Resolution No. 2022- 231). Increasing the Library Department authorized staffing by two full-time positions one Assistant Literacy Program Coordinator and one Library Assistant for FY 2023/24.

November 2, 2022 Mayor and City Council adopted Resolution No. 2022-231 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting grant funding in the amounts of $141,840 from the California Department of Education; $67,465 for Adult Literacy Services, $22,906 for Family Literacy Services and $53,642 for English as a Second Language from the California State Library for Literacy Program services. 2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Literacy Program including appropriating $53,642 in both revenues and expenditures for the new English as a Second Language Program and adjusting the Grant Fund budget to account for differences in estimated grant funding and actual grant funds received.

March 2, 2022 Mayor and City Council adopted Resolution 2022-45 of the Mayor and City Council of the City of San Bernardino, California authorizing the acceptance of grant funding in the amount of $87,752 from the California State Library's California Library Literacy Services (CLLS) and authorizing the Director of Finance to amend the FY 2021/22 adopted budget for revenue and
expenditures to appropriate the funding.

Dec. 1, 2021 Mayor and City Council of the City of San Bernardino, California, accepted the Fiscal Year 2021/22 First Quarter Report and adopted Resolution No. 2021-289, authorizing an amendment to the FY 2021/22 General Fund Operating Budget in the amount of $414,500, which included authorizing acceptance of grant funding in the amount of $128,828 from the California
Department of Education.

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Resolution No. 2025-275
Resolution No. 2025-275
April 16, 2025

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RESOLUTION NO. 2025-275

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACCEPTING ANNUAL GRANT FUNDING OF $53,642 FOR
FY 2024/25 AND FY 2025/26 FOR THE ENGLISH AS A

SECOND LANUAGE (ESL) GRANT PROGRAM FROM THE
CALIFORNIA STATE LIBRARY’S CALIFORNIA

LIBRARY LITERACY SERVICES (CLLS) PROGRAM AND

AUTHORIZING THE INTERIM DIRECTOR OF FINANCE

AND MANAGEMENT SERVICES TO AMEND THE
ADOPTED FY 2024/25 OPERATING BUDGET FOR THE
LIBRARY’S LITERACY PROGRAM INCLUDING

ADJUSTING THE ESL BUDGET TO APPROPRIATE THE

REVENUES AND EXPENDITURES FOR THE REMAINING
$35,443 OF FUNDING RECEIVED AS ONLY $18,199 WAS
APPROPRIATED IN THE FY 2024/25 BUDGET ADOPTED
BY THE MAYOR AND CITY COUNCIL ON JUNE 26, 2024.

WHEREAS, the City of San Bernardino is accepting annual ESL grant funding of $53,642 for FY 2024/25 and 2025/26 from the California State Library’s California Library Literacy Services; and
WHEREAS, these funds are used for various program purposes including staffing, learning materials, patron databases and supplies; and.

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

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

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize the Interim Director of Finance & Management Services to amend the Operating Budget for the Library’s Literacy program including adjusting the ESL Program budget to appropriate the revenues and expenditures for the remaining $35,443 of funding received as only $18,199 was appropriated in the FY 2024/25 budget adopted by the Mayor and City Council on June 26, 2024.

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

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Resolution No. 2025-275
Resolution No. 2025-275
April 16, 2025

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SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

PROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of April 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Resolution No. 2025-275
Resolution No. 2025-275
April 16, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-275, adopted at a regular meeting held on the 16th day of April 2025 by the following vote:

Telicia Lopez, CMC, Acting City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 16, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Request to Approve $2,131,624.74 for FY 24-25 and $1,929,128.52 for FY 25-26 from General Fund Balance to fund the Enterprise Fleet Master Equity Lease Payments
(All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution 2025-276:

1. Authorizing the Interim Director of Finance & Management Services to allocate funding in the amount of $2,131,624.74 for fiscal year 2024-2025 from the General Fund balance into the Fleet Internal Services Fund to support lease payments for the City’s fleet.

2. Authorizing the Interim Director of Finance & Management Services to allocate funding in the amount of $1,929,128.52 for fiscal year 2025-2026 from the General Fund balance into the Fleet Internal Services Fund to support lease payments for the City’s fleet.

Executive Summary
Staff are requesting authorization for the Interim Director of Finance and Management Services to allocate $2,131,624.74 for fiscal year 2024-2025, which includes the lease payments for 122 existing vehicles, the three-month lease payments for 45 additional vehicles, and a one-time down payment of $777,241.53. Additionally, staff requests $1,929,128.52 for fiscal year 2025-2026 to cover the annual lease payments for all 167 vehicles. These funds, totaling $4,060,753.26, will be allocated from the General Fund balance into the Fleet Internal Services Fund to ensure sufficient resources for the City's fleet lease program.

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Background
The Department of Public Works Facilities and Fleet Division is responsible for maintaining over 350 City vehicles and several hundred pieces of equipment. At the time the City adopted the municipal leasing program in August 2022, the fleet was in critical need of modernization. A lack of a systematic vehicle replacement program had resulted in an aging fleet, with 38% of vehicles more than ten years old, 43% over seven years old, and 38% with over 75,000 miles on the odometer. Additionally, 141 vehicles predated Electronic Stability Control standards, and many lacked other critical safety features, such as airbags or anti-lock brakes.

These challenges not only increased maintenance and fuel costs but also reduced reliability and safety, creating operational inefficiencies and higher costs for the City.

Since the implementation of the leasing program, the City has begun to address these issues by systematically replacing aging vehicles with newer, more reliable, and efficient models. This structured approach has allowed the City to reduce operational costs, benefit from predictable lease payments, and improve fleet safety and dependability. The leasing program has successfully modernized 122 units of the fleet, aligning it with the City’s operational needs and reducing reliance on outdated vehicles.

Discussion
The fleet replacement schedule for this plan and estimated lease cost presented to the Council at the August 2022 Council meeting are shown in the table below. At the time, it was expected that by the fifth year of the leasing agreement, most of the City’s light duty vehicles would be leased for a projected recurring annual fee of approximately $2,608,519.

The initial funding approved by the City Council in August 2022 was $1,200,000.

Because of various logistics supply delays, the program ramp up was not as fast as set forth in the table; rather the authorized fund balance was sufficient to fund lease payments through July 2025.

Fiscal
Year
Estimated
Number of
Vehicles to be
Replaced
Replacement Criteria Approximate Annual
Lease Cost
2023 151 10 years old and older, or
odometer over 100,000 miles
$1,028,317
2024 28 8 years old and older, or
odometer over 80,000 miles
$1,265,180
2025 53 5 years old and older, or
odometer over 50,000 miles
$1,694,483
2026 61 3 years old and older, or
odometer over 30,000 miles
$2,214,965
2027 49 Vehicle replacement will be
managed by Enterprise
$2,608,519
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The original plan proposed in 2022 projected that by 2024, 179 vehicles would have been replaced. Currently, the City has physically replaced or ordered a total of 167 vehicles, which indicates that the replacement schedule as proposed is approximately on schedule. The City’s current monthly payment is $96,900.12, which covers the 122 vehicles leased since the contract began in August of 2022 for a total of $1,162,801.44.

Please see the table below for the breakdown of the 122 vehicles already purchased:

The City currently has 45 vehicles on order to further support essential operations across multiple departments. These vehicles, with a total retail value of $3,653,662.50, will be allocated to the Police Department patrol, K-9, and homeless program, as well as Animal Services.

Please see the table below that shows the costs for the 45 vehicles on order at this time:

The down payment for these 45 vehicles is $777,241.53, with a projected monthly lease payment of $63,860.59, including tax, or $766,328 per year. As these vehicles are delivered and placed into service, the City will become responsible for the lease payments, which may begin at any point during April, May, or June—prior to the start of the next fiscal year. Therefore, funding is required not only for the full lease schedule in the upcoming fiscal year but also for the lease payments covering these three months ($63.860.59 X 3 = $191,581.77) to ensure continuity and timely financial planning.

Upon receipt and placement into service of these 45 new vehicles, the City’s monthly payment for all leased vehicles will be as shown in the table below:

Dept. Total Rent/Mo Annual Cost Number of Vehicles
CD&H $10,272.57 $123,270.84 14
CM $417.85 $5,014.20 1
HR $439.25 $5,271.00 1
IT $1,077.25 $12,927.00 3
Library $1,840.19 $22,082.28 2
O&M $13,189.79 $158,277.48 17
P.W. $9,055.00 $108,660.00 16
PARKS $1,614.53 $19,374.36 3
PD $58,993.69 $707,924.28 65
Grand Total $96,900.12 $1,162,801.44 122
Dept. Money Down Total Rent/Mo Annual Cost Number of Vehicles ANIMAL SERVICES $309,298.56 $11,674.98 $140,099.76 6
HOMELESS PROGRAM $15,297.34 $2,760.04 $33,120.48 2
POLICE DEPT $452,645.63 $49,425.57 $593,106.84 37
Grand Total $777,241.53 $63,860.59 $766,327.08 45
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Current monthly lease payments for 122 vehicles: $96,900.12 Planned monthly lease payments for 45 vehicles: $63,860.59 Total monthly lease payments for 167 vehicles: $160,760.71 Total annual cost FY2025/2026: $1,929,128.52
The City’s vehicle lease program operates on a five-year term for each leased vehicle, with monthly payments made throughout the lease period. The first group of leased vehicles entered service in October 2022 and will complete their lease terms in September 2027. At that time, the City will need to determine whether to replace these vehicles with new leases, purchase them at their residual value, or return them to Enterprise and procure new vehicles.

Staff are requesting Council authorization for FY 2024-25 funding in the amount of $1,354,383.21 to cover lease payments for both the existing 122 vehicles and the three-month lease payments for the 45 additional vehicles expected to be placed into service before the start of the next fiscal year. This request ensures that the City is prepared to make payments as vehicles are delivered, as delivery schedules are dependent on external vendors who complete the upfitting process. Upfitting includes installing lights, push bars, cages, and other necessary equipment before the vehicles can be placed into service.

Additionally, staff are requesting Council authorization for a one-time down payment of $777,241.53 for the 45 new vehicles. The total requested funding authorization for FY 2024-25 is $2,131,624.74.

For FY 2025-26, staff will continue utilizing the down payment funding through the carryover process, ensuring funds are available as vehicles are delivered and put into service. The projected annual lease payments for FY 2025-26 total $1,929,128.52, requiring funding authorization for that fiscal year as well.

Staff is further recommending that no further vehicles be acquired through the leasing program at this time, until staff can fully evaluate the costs and benefits of the program after nearly three years of operations. While vehicle leasing is still an appropriate and effective method to ensure that the Fleet is up-to-date and is experiencing lower maintenance and operating costs, it is necessary to examine which different classes and uses of vehicles would benefit from outright purchase versus leasing. The City should understand the life-cycle costs of its vehicle fleet and fine-tune the system to maximize the overall value and costs. Staff is currently working on an updated vehicle replacement program that addresses these factors.
2021-2025 Strategic Targets and Goals
Authorizing the execution of this agreement aligns with Key Target No. 1: Improved Financial & Operational Capacity – Create an asset management plan. This action continues to move the City towards developing an effective asset management plan for the City’s vehicle and equipment operations.

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Fiscal Impact
The proposed allocation includes $2,131,624.74 for fiscal year 2024/2025 and $1,929,128.52 for fiscal year 2025/2026, for a total of $4,060,753.26. These funds will be allocated from the General Fund balance into the Fleet Internal Services Fund to ensure sufficient resources are available to cover lease payments for the fiscal year.

Appropriate funds will be budgeted for future lease payments.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution 2025-276;

1. Authorizing the Interim Director of Finance & Management Services to allocate funding in the amount of $2,131,624.74 for fiscal year 2024/2025. from the General Fund balance into the Fleet Internal Services Fund to support lease payments for the City’s fleet.

Attachments
Attachment 1 - Resolution 2025-276
Attachment 2 - List of Leased Vehicles
Attachment 3 - List of 45 Vehicles On Order
Ward:

All Wards
Synopsis of Previous Council Actions:

August 3, 2022 Adopt a Master Equity Lease Agreement for Light Duty Vehicles.

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Resolution No. 2025-276
Resolution No. 2025-276
April 16, 2025

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RESOLUTION NO. 2025-276

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE

INTERIM DIRECTOR OF FINANCE & MANAGEMENT SERVICES
TO ALLOCATE FUNDING IN THE AMOUNT OF $2,131,624.74 FOR
FISCAL YEAR 2024-2025 FROM THE GENERAL FUND BALANCE

INTO THE FLEET INTERNAL SERVICES FUND TO SUPPORT
LEASE PAYMENTS FOR THE CITY’S FLEET; AND

AUTHORIZING THE INTERIM DIRECTOR OF FINANCE &

MANAGEMENT SERVICES TO ALLOCATE FUNDING IN THE
AMOUNT OF $1,929,128.52 FOR FISCAL YEAR 2025-2026 FROM

THE GENERAL FUND BALANCE INTO THE FLEET INTERNAL

SERVICES FUND TO SUPPORT LEASE PAYMENTS FOR THE
CITY’S FLEET.

WHEREAS, the Department of Public Works Facilities and Fleet Division is responsible for maintaining the City's diverse fleet, which supports essential services across multiple departments, including public safety, infrastructure maintenance, and community development; and
WHEREAS, at the time of the City’s adoption of the municipal vehicle leasing program in August 2022, a lack of a systematic vehicle replacement strategy resulted in an aging and inefficient fleet, with 38% of vehicles over ten years old, 43% exceeding seven years, and 38% with over 75,000 miles on the odometer; and
WHEREAS, since the implementation of the leasing program, the City has replaced outdated vehicles with modern, fuel-efficient, and safety-enhanced models, improving operational effectiveness, reducing costs, and ensuring fleet sustainability; and WHEREAS, the City has already acquired 122 vehicles under the leasing program and currently has 45 additional vehicles on order to further support essential operations across multiple departments, including Police Department patrol, K-9, and the homeless program, as well as Animal Services, which will receive six much-needed animal control trucks; and WHEREAS, the expected lease term for each vehicle is five years, and the City will be responsible for ongoing monthly lease payments totaling $160,760.71 per month for all 167 vehicles, amounting to an annual cost of $1,929,128.52 in the fiscal year of 2025-2026; and WHEREAS, an additional one-time down payment of $777,241.53 will be due upon the acceptance and placement into service of the 45 new vehicles, and lease payments for these vehicles may begin at any point during April, May, or June 2025 before the start of the next fiscal year, requiring $1,354,383.21 in funding for lease payments for fiscal year 2024-2025; and WHEREAS, the total funding authorization request for fiscal year 2024-2025 is $2,131,624.74, which includes the one-time down payment and the lease payments for the 122 existing vehicles and the 45 new vehicles for three months; and Packet Page. 833
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Resolution No. 2025-276
April 16, 2025

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

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

SECTION 2. The Mayor and City Council authorize the Interim Director of Finance & Management Services to allocate $2,131,624.74 for fiscal year 2024-2025 from the General Fund balance into the Fleet Internal Services Fund to support lease payments for the City’s fleet, including the one-time down payment for the 45 new vehicles and the lease payments for the 122 existing vehicles and the 45 new vehicles for three months.

SECTION 3. The Mayor and City Council authorize the Interim Director of Finance & Management Services to allocate $1,929,128.52 for fiscal year 2025-2026 from the General Fund balance into the Fleet Internal Services Fund to support lease payments for the City’s fleet.

SECTION 4. Authorize the Interim City Manager to continue the payments to the leasing program to support operational efficiency while evaluating the cost-benefit of leasing versus ownership for future fleet replacement decisions, ensuring long-term fiscal responsibility.

SECTION 5. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of April 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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Resolution No. 2025-276
April 16, 2025

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Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Resolution No. 2025-276
April 16, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-276, adopted at a regular meeting held on the 16th day of April 2025, by the following vote:

Telicia Lopez, CMC, Acting City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 16, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Amendment No 2. to the Cooperative Agreement No 21-782 with the County of San Bernardino and Adopting a New
Cooperative Agreement for Rehabilitation of Old
Waterman Canyon and Other Roads (Wards 1, 2, 4, 5, 6, & 7)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution 2025-277;

1. Approving the Road Maintenance and Rehabilitation Account (RMRA) revised project lists for submittal to the California Transportation Commission during the reporting period in October of 2025; and

2. Adopting a list of projects for Fiscal Year 2025/2026 and future years to be funded by Measure I; and

3. Approve Amendment No. 2 to the Cooperative Funding Agreement No 21-782 with County of San Bernardino for Citrus Street and Other Roads Phase I; Lynwood Drive and Other Roads; Muscoy Area and Other Roads Phase I, and authorize the City Manager or designee to execute the Cooperative Funding Agreement; and

4. Approve the New Cooperative Funding Agreement with the County of San Bernardino for Old Waterman Canyon Road and Other Roads and authorize the City Manager or designee to execute the Cooperative Funding Agreement; and
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5. Authorizing the Director of Finance and Management Services to amend the FY 2025/2026 and future years Capital Improvement Plan, recording a budget amendment in the amount of $3,344,750.00 from Measure I for the mentioned projects.

Executive Summary
The City of San Bernardino and San Bernardino County (SBCO) are entering into a new cooperative agreement and Amendment No. 2 to the cooperative agreement No 21-782 to facilitate the implementation of paving projects, sidewalk improvements and upgrading American Disability Act (ADA) compliant ramps that will improve road infrastructure within the city's jurisdiction. This partnership is aimed at leveraging resources, optimizing project efficiency, and ensuring cost-effective delivery of roadway improvements that benefit both city and county residents.

This collaboration will prioritize high-traffic corridors, deteriorated roadways, and areas requiring immediate attention based on pavement condition, sidewalk and ADA ramps assessments.

Background
The County of San Bernardino and the City of San Bernardino share jurisdiction of many streets in the area. Conducting cooperative projects on streets of shared jurisdiction is more efficient and cost effective compared to separate projects issued by each jurisdiction. Cooperative Agreements with adjacent jurisdictions provide a logical means of completing projects with a minimum of inconvenience to the traveling public and adjacent businesses/residents.

On September 15, 2021, the City Council approved the Cooperative Funding Agreement with the County of San Bernardino, Agreement No 21-782 which included the following projects
1- Arden Avenue and other Roads Project
2- Blake Street and other Roads Project
3- Citrus Street and other Roads Project
4- Lynwood Drive and other Roads Project
5- Third Street and other Roads Project
6- North San Bernadino Area Curb Ramps project
On February 1, 2023, the City Council amended the Cooperative Funding Agreement with the County of San Bernardino, Agreement No. 20-946 to include 40th Street and other roads previously called Arrowhead Farms.

On June 26, 2023, the City Council amended the Cooperative Funding Agreement with the County of San Bernardino, Agreement No. 23-826 to include 5th St & Pedley Road.

Both 40th and other roads and 5th St and Pedley Rd were completed in 2024.

In addition, on June 26, 2023, the City Council authorized the Agency Director of Finance to amend the FY 2023/24 Capital Improvement
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Discussion
The City of San Bernardino and San Bernardino County have worked together on various projects within their shared jurisdiction for many years. On September 15, 2021, they signed Cooperative Agreement No. 21-782. However, due to rising costs and funding challenges, the project timeline has been delayed, preventing the County from moving forward with all locations at once. As a result, the County has decided to amend Cooperative Agreement No. 21-782 and enter into separate agreements for each project.

Under these new agreements, the County will serve as the Lead Agency, responsible for managing the engineering, design, construction, inspection, and CEQA compliance for the projects. The City will be involved in reviewing, approving, and providing feedback on the project plans and specifications within its jurisdiction.

The new agreements will cover the following projects: the Citrus Street and Other Roads Project (Phase I), Muscoy Area and Other Roads Project (Phase I), Lynwood Drive and Other Roads Project, and Old Waterman Canyon and Other Roads Projects.

Citrus Street and other roads segment are under the shared jurisdiction of the County of San Bernardino and the City of San Bernardino. The improvements will take place along Barton St, Conejo Dr, Del Rosa Ave, Dwights Way, Garden Dr, Glasgow Ave, Perris Hill, Sterling Ave, Tippecanoe Ave and Yates St.

Lynwood Dr and other roads segment is under the shared jurisdiction of the County of San Bernardino and the City of San Bernardino. The improvements will take place along Del Norte Drive, Del Rosa Avenue, E Street, Echo Drive, Edgemont Drive, Eureka Street, Foothill Drive, Forty-Eighth Street, Fourth Avenue, Hill Drive, Ironwood Street, Lynwood Drive, Magnolia Drive, Marshall Blvd, Modesto Drive, Mountain Avenue, Thirty-Fifth Street And Thirty-Ninth Street.

Muscoy area rehabilitation Phase I (previously Named as Blake Street and other roads) is under the shared jurisdiction of the County of San Bernardino and the City of San Bernardino. The improvements will take place along June Place, Porter Street, Adams Street, June Street, California Street, State Street And Macy Street.

Old Waterman Canyon Road, along with another road segments, falls under the joint jurisdiction of the County of San Bernardino and the City of San Bernardino. The planned improvements will be carried out along a 2.77-mile stretch of Old Waterman Canyon Road, with 0.52 miles falling under the City’s jurisdiction.

In general, the cooperative project provides for the following:

1. Rehabilitation of the pavement locations as detailed on the attached Exhibits A in the agreement.

2. Installation of access ramps to meet the current standards of the Americans with Disabilities Act (ADA).

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Details of the cost sharing for the work to be done are included in Exhibit B in the agreement, attached to the Cooperative Agreement. A map showing the location of the project is also attached to this report as Attachment 3.

The following table shows the adopted budget approved by the Mayor and the City Council in June 26, 2023, for all the projects combined.

The following table summarizes the total funding for all previous Cooperative agreements and proposed funding sources.

Project Name
Previously
Adopted
RMRA-SB1
(125)
Previously
adopted
Measure I (129)
Previously
Adopted Gas
Tax (126)
Measure I
(129)
Proposed
budget
2025/26 &
2026/27
Funding
Needs
Beyond 5
years
Arden Avenue & other
Roads.,
$2,396,250.0
0 $0 $0 $0 $2,396,250.0
0 Muscoy (Blake) & Other
Roads.
$47,500 $0 $0 $468,750.00 None
Citrus & Other Roads $0 $163,674.36 $522,575.64 $298,750.00 None Lynwood Dr & Other
Roads
$0 $1,863,750.0 $0 $2,162,500 None
Project name Previously adopted
funds
City Cost
share
(including 25%
contingency)
through SB1
City Cost share
(including 25%
contingency)
through Gas
Tax
Total City
cost share
Arden Avenue & other Rds.,
Blake & Other Rds.,
Citrus and other Rds.,
Lynwood and other Rds.,
3 rd St and other Rds.,
N. SB area Curb ramps
$3,637,000.00
(Measure I)
$2,472,924.36 $522,575.64 $6,632,500
40th Street and other Rds. -
Completed
$915,000.000
($490,000 in
Measure I) and
($425,000 in
Measure S)
$188,843.75 $39,906.25 $1.143,750
Mountain Drive and Fourth
Ave-In design
$0 $624,319.49 $131,930.51 $756,250.00
5 th St and Pedley Rd Traffic
signal
(HAWK)-completed
$0 $293,481.76 $62,018.24 $355,500.00
Total $4,552,000.00 $3,579,569.36 $756,430.64 $8,888,000.00 Packet Page. 845
3 rd St and Other Roads $0 $1,601,250.0 $0 $0 $3,418,000.0 0 N. San Bernardino Curb
Ramps
$29,174.30 $8,325.70 $0 $0 location
Deleted
Old Waterman Canyon
Road and Other Roads
$0 $0 $0 $423,750.00 None
Totals $2,472,924.3
0 $3,637,000.06 $522,575.64 $3,344,750.00 $6,304,000
Staff is requesting appropriating all RMRA-SB1 in the amount of $2,472,924.30 and $522,575.60 to City of San Bernardino future pavement projects. The funding for the County joint projects will be funded thru Measure I funds in the amount of $3,344,750.00 The County is the lead agency on this project and will bill the City for the cost of the environmental clearance, design, utility relocation, construction engineering, construction, inspection, and County overhead. All work will be completed within the existing street right-of-way. The City will approve the plans and issue a “no fee” permit for the work. Any changes (change orders) will be subject to review and approval by the City Engineer.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1d. Create a framework for spending decisions and 1f. Create an asset management plan. Approval of the proposed project list will allow staff to move forward in addressing deferred street maintenance needs, and secure project funding resources available through Measure I.

Fiscal Impact
There is no General Fund Impact associated with this item. The total estimated cost for the Total Projects is $20,502,000.00 (County and City) of which the estimated City’s share is $2,675,800.00 plus 25% contingency for a total City expenditure of $3,344,750.00.

Sufficient funds are available in Measure I to cover the City’s share of the cost of these projects. The County will perform the work and bill the City for its fair share of the cost of the project within the City limits of San Bernardino.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution 2025-277:

1. Approving the Road Maintenance and Rehabilitation Account (RMRA) revised project lists for submittal to the California Transportation Commission during the reporting period in October of 2025; and

2. Adopting a list of projects for Fiscal Year 2025/2026 and future years to be funded by Measure I; and
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1. Approving Amendment No. 2 to the Cooperative Funding Agreement No 21- 782 with County of San Bernardino for Citrus Street and Other Roads Phase I, Lynwood Drive and Other Roads, Muscoy Area and Other Roads Phase I, and authorize the City Manager or designee to execute the Cooperative Funding Agreement; and

2. Approving the New Cooperative Funding Agreement with the County of San Bernardino for Old Waterman Canyon and Other Roads and authorize the City Manager or designee to execute the Cooperative Funding Agreement; and

3. Authorizing the Director of Finance and Management Services to amend the FY 2025/2026 and future years Capital Improvement Plan, recording a budget amendment in the amount of $3,344,750.00 from Measure I for the mentioned projects.

Attachments
Attachment 1 Resolution 2025-277
Attachment 2 Resolution 2023-094
Attachment 3 Cooperative Agreements
Attachment 4 Location Maps
Ward:
1, 2, 4, 5, 6, and 7
Synopsis of Previous Council Actions:

September 15, 2021 Co-Operative Funding Agreement (Agreement No: 21-782) with County of San Bernardino
February 1, 2023 Amendment No. 1 to Co-Operative Funding Agreement (Agreement No: 20 -946) with County of San Bernardino for Arrowhead Farm Area Street Rehabilitation
June 26, 2023 Resolution Adopting List of Projects under SB1 2023/2024 Road Maintenance Program
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Resolution No. 2025-277
Resolution No. 2025-277
April 16, 2025

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RESOLUTION NO. 2025-277

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE ROAD MAINTENANCE AND

REHABILITATION REVISED PROJECT LIST FOR

SUBMITTAL TO THE CALIFORNIA TRANSPORTATION
COMMISSION; AND ADOPTING A LIST OF PROJECTS
FOR FISCAL YEAR 2025/26 TO BE FUNDED BY MEASURE
I
WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize Cities to contract with Counties for the maintenance, construction or repair of City streets and roads, if the legislative body of City (City Council) determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads; and WHEREAS, The County of San Bernardino (“County”) and the City of San Bernardino (“City”) share jurisdiction on many streets throughout the City's borders. As a result, road resurfacing and maintenance are divided into two jurisdictions. County’s staff contacted the City to determine the City’s willingness to fund the San Bernardino portion of the Street Rehabilitation on Various Shared Streets (“Project”) and partner to have the street rehabilitation done in the most effective way; and
WHEREAS, conducting cooperative projects on streets of shared jurisdiction is more efficient and cost effective compared to separate projects issued by each jurisdiction. The inconvenience to the traveling public and adjacent businesses/residents is substantially reduced by cooperative projects; and
WHEREAS, on September 15, 2021, the City Council approved the Cooperative Funding Agreement No 21-782 with County of San Bernardino for Arden Avenue and Other Roads; Blake Street and Other Roads; Citrus Street and Other Roads; Lynwood Drive and Other Roads; Third Street and Other Roads; North San Bernardino Area Curb Ramps Projects, in which the County will be the lead agency and will invoice the City of the completion of work; and WHEREAS, on September 15, 2021, the City Council amended the FY 2020/21 Capital Improvement Program to include the Project and establish Project budgets in the amount of $3,637,000 in Measure I Fund 129 for Arden Avenue and Other Roads; Blake Street and Other Roads; Citrus Street and Other Roads; Lynwood Drive and Other Roads; Third Street and Other Roads; North San Bernardino Area Curb Ramps Projects.

WHEREAS, On June 26, 2023 the City Council amended the FY2023/24 Capital Improvement Plan recording supplemental appropriations for Agreement No 21-782 with County of San Bernardino for the Arden Avenue and Other Roads Project, Blake Street and Other Roads Project, Citrus Street and Other Roads Project, Lynwood Drive and Other Roads Project, Third Street and Other Roads Project, North San Bernardino Area Curb Ramps Project including a 25% contingency; The City’s total cost share is $6,632,500. To fully fund the project, $3,637,000 from Packet Page. 848
Resolution No. 2025-277
Resolution No. 2025-277
April 16, 2025

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Measure I, plus an additional $2,472,924.36 from SB1 Funds and $522,575.64 from Gas Tax (Maintenance of Effort) is requested.

WHEREAS, due to increases in construction costs and shortfall in the available fund in the San Bernardino County Budget, the San Bernardino County elected to amend the current Cooperative Agreement No 21-782, and to execute a separate agreement for, Citrus Street and Other Roads Project (Phase I), Muscoy Area and Other Roads Project (Phase I), Lynwood Drive and Other Roads Project, Old Waterman Canyon and Other Roads Projects. The City’s total cost share is $3,344,750. To fully fund the projects from Measure I.

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

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

SECTION 2 Mayor and City Council hereby authorize the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $3,344,750.00 in Measure I Fund For, Citrus Street and Other Roads Project (Phase I), Muscoy Area and Other Roads Project (Phase I), Lynwood Drive and Other Roads Project, Old Waterman Canyon and Other Roads Projects.

SECTION 5. CEQA. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines.
(2) The proposed project is exempt from the requirements of California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the street rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the City Council.

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Resolution No. 2025-277
Resolution No. 2025-277
April 16, 2025

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SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of April 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Resolution No. 2025-277
Resolution No. 2025-277
April 16, 2025

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CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO)
I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-277, adopted at a regular meeting held on the 16th day of April 2025 by the following vote:

Telicia Lopez, CMC, Acting City Clerk
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: April 16, 2025
To: Honorable Mayor and City Council Members
From: Dr. Treasure Ortiz, Council Member, 7th Ward
Department: Council Office
Subject: One-year moratorium on the sale and use of fireworks within the City of San Bernardino (All Wards) - Council Member Ortiz
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: April 16, 2025
To: Honorable Mayor and City Council Members
From: Kim Knaus, Council Member, 5th Ward
Department: Council Office
Subject: Interim Homeless Housing Solutions – Enhancing the City’s Capacity to Effectively Transition Individuals Off the Streets (All Wards) – Council Member Knaus
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Mayor and City CouncilApril 16, 2025

Mayor and City Council
April 16, 2025