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, APRIL 16, 2025
3:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 WWW.SBCITY.ORG
Theodore Sanchez Helen Tran Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Bill Gallardo
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa Sonia Carvalho
MAYOR PRO TEM, WARD 3 CITY ATTORNEY
Fred Shorett Telicia Lopez
COUNCIL MEMBER, WARD 4 ACTING CITY CLERK
Kim Knaus
COUNCIL MEMBER, WARD 5
Mario Flores
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino
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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
Mayor Pro Tem, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
Mayor Helen Tran
Interim City Manager Bill Gallardo
City Attorney Sonia Carvalho
Acting City Clerk Telicia Lopez
3:00 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION p. 12
A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: City Manager – (Process – Meet with Recruiter)
B) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957)
Title: City Attorney
C) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Mark Detinne, a minor, by and through his Guardian Ad Litem, Todd Allen Detinne v. City of San Bernardino, et al., San Bernardino Superior Court Case No.
CIVDS2016739
ii.) Michael Taylor v. City of San Bernardino, Workers’ Compensation Case No.
ADJ20539801, Workers’ Compensation Claim Nos. 22160741; 21153396; 18138375; CSBY10412; CSBY8554; CSBY8190 CSBY5649 and CSBY5084.
D) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One (1) Case E) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager or Designee Employee Organization: General Unit – Teamsters Local 1932, Management Confidential Group – SBCMA, Mid Management Unit – Teamsters Local 1932, Police Dispatch Unit – SBPDA, San Bernardino Police Civilian Association – AFSCME Local 4710, Police Management Unit – PMA and Police Safety Unit – SBPOA
F) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957)
Title: City Manager – (Goal Setting)
Mayor and City Council of the City of San Bernardino Page 3 5:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
1. Proclamation for Water Conservation Month in the City of San Bernardino (All Wards) p. 14
2. Proclamation for Child Abuse Prevention Month in the City of San Bernardino – April 2025 (All Wards) p. 16
3. Pavement Management Plan and Asset Inventory Program Update Presentation (All Wards) p. 18
PUBLIC HEARING
4. Proposed Substantial Amendment to Fiscal Year 20212022 and 20242025 Annual Action Plans to Fund Affordable Housing and Public Facilities Projects and Proposed Substantial Amendment to Update the Community Development Block Grant Citizen Participation Plan (All Wards) p. 105
Recommendation:
It is recommended that the Mayor and City Council of The City of San Bernardino, California:
1. Conduct a Public Hearing to obtain citizens’ comments on the proposed Substantial Amendments to:
A. Fiscal Year 20212022 Annual Action Plan allocating Fiscal Years 20202021, 2021–2022, 20222023, and 20232024 HOME Investment Partnerships Program funds to Arrowhead Grove (Phase 4). Project funding will increase from $385,870 to $4,900,000; and
B. Fiscal Year 20242025 Annual Action Plan allocating the remaining Fiscal Years 20202021, 2021–2022, 20222023, and 20232024 HOME Investment Partnerships Program funds to Jamboree Housing Corporation for an affordable housing development. Project funding will increase from $124,187 to $2,003,178.80
Mayor and City Council of the City of San Bernardino Page 4 C. Fiscal Year 20242025 Annual Action Plan allocating Community Development Block Grant Program funds. The amendment specifically identifies four (4) Public Works projects with details to which funds were previously allocated.
D. The Community Development Block Grant Citizen Participation Plan
2. Approve the draft Substantial Amendments to the Fiscal Years 20212022 and 20242025 Annual Action Plans for the Community Development Block Grants and HOME Investment Partnershipfunded projects; and
3. Adopt Resolution 2025273, Substantial Amendments to the Fiscal Years 2021 2022 and 202425 Annual Action Plans for the Community Development Block Grants and HOME Investment Partnerships Programfunded projects to increase funding to the Arrowhead Grove Phase 4 and Jamboree Project from unspent funds; and
4. Approve the proposed substantial amendments to the Community Development Block Grant Citizen Participation Plan.
5. Authorize The City Manager or designee to take any further actions and execute any further agreements or documents, as necessary, to effectuate the submittal of the proposed Substantial Amendments to the Fiscal Year 20212022 and 2024 2025 Annual Action Plan.
5. Conduct a Public Hearing and Introduce for First Reading an Ordinance Amending Chapter 10.52 of the San Bernardino Municipal Code to Update the Existing Speed Zones City Wide p. 275
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Introduce, read by title only, and waive further reading of Ordinance No.
MC1651, Amending Chapter 10.52 of the San Bernardino Municipal Code to Update Existing Speed Zones City Wide; and
3. Schedule the adoption of Ordinance No. MC1651 to the regular scheduled meeting of the Mayor and the City Council on May 21, 2025.
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 5
CONSENT CALENDAR
6. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for January 2025 (All Wards) p. 607
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for January 2025.
7. Investment Portfolio Report for January 2025 (All Wards) p. 719 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for January 2025.
8. Approve Amendment #1 for Yearend Financial Consulting Services with Eide Bailly, LLP, increasing the Agreement’s nottoexceed amount to $400,000 (All Wards) p. 752 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment #1 with Eide Bailly, LLP for yearend financial consulting services to extend the agreement for one (1) additional year (June 30, 2026) and increase the agreement’s nottoexceed amount to $400,000.
9. Updating Assessment Engineer's Reports For Previously Formed Landscape and Lighting Maintenance Districts (All Wards) p. 774
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2025274 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.
10. Adopt Resolution Accepting $53,642 in Library Literacy Program ESL Grant Funding (All Wards) p. 781
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025275:
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.
Mayor and City Council of the City of San Bernardino Page 6
11. Request to Approve $2,131,624.74 for FY 2425 and $1,929,128.52 for FY 2526 from General Fund Balance to fund the Enterprise Fleet Master Equity Lease Payments (All Wards) p. 828
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution 2025276:
1. Authorizing the Interim Director of Finance & Management Services to allocate funding in the amount of $2,131,624.74 for fiscal year 20242025 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 20252026 from the General Fund balance into the Fleet Internal Services Fund to support lease payments for the City’s fleet.
12. Amendment No 2. to the Cooperative Agreement No 21782 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) p. 842 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution 2025277;
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
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.
Mayor and City Council of the City of San Bernardino Page 7
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
13. Oneyear moratorium on the sale and use of fireworks within the City of San Bernardino (All Wards) Council Member Ortiz p. 902
14. Interim Homeless Housing Solutions – Enhancing the City’s Capacity to Effectively Transition Individuals Off the Streets (All Wards) – Council Member Knaus p. 903
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 May 07, 2025 at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
Mayor and City Council of the City of San Bernardino Page 8
CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the April 16, 2025, 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,92401 at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410, and on the City's website sbcity.org on Friday, April 11, 2025.
I declare under the penalty of perjury that the foregoing is true and correct.
Telicia Lopez
Telicia Lopez, CMC, Acting City Clerk
Mayor and City Council of the City of San Bernardino Page 9 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 10 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 11 ALTERNATE MEETING VIEWING METHOD:
If there are any technicalissues withthelivestream orrecordingfrom the main agendaportalor if you requirean optionwith ClosedCaptioning,you may view themeetingfrom thefollowinglocation (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 1:30 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 commentswillnot be read aloudbycitystaff. Written correspondence canbe accessedbythe publiconline at tinyurl.com/agendabackup .
Attendthe 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 followingpage: tinyurl.com/mccpubliccomments. Anyrequests to speak submitted electronically after the 1:30 p.m. deadline will not be accepted.
Please note: messages submitted via email and this page are only monitored from the publicationof the final agendauntil the deadline to submit public comments. Please contact theCity Clerk at 9093845002or [email protected] assistance outside of this timeframe. Written correspondence submittedafter the deadlinewill be providedto the Mayorand CityCouncilat thefollowing regular meeting.
MEETING TIME
NOTE: Pursuant to ResolutionNo.2024029,adoptedby theMayorand City Council on February21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00P.M. on the same day it began.At 9:00 P.M.,the Mayorand City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00P.M.and will continue all other items on which additional time is required until a future Mayor and City Council meeting. Amajority vote of the Council is required to extend a meeting beyond 10:00P.M.to discuss specified items.
CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: April 16, 2025
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney
Subject: CLOSED SESSION
Recommendation:
A)PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
i) Title: City Manager – (Process – Meet with Recruiter) B)PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957)
Title: City Attorney
C)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Mark Detinne, a minor, by and through his Guardian Ad Litem, Todd Allen Detinne v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2016739
ii) Michael Taylor v. City of San Bernardino, Workers’ Compensation Case No.
ADJ20539801, Workers’ Compensation Claim Nos. 22-160741; 21-153396; 18-138375; CSBY-104-12; CSBY-8554; CSBY-8190- CSBY-5649 and CSBY5084.
D) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4):
One (1) Case
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E) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager or Designee Employee Organization: General Unit – Teamsters Local 1932, Management Confidential Group – SBCMA, Mid Management Unit – Teamsters Local 1932, Police Dispatch Unit – SBPDA, San Bernardino Police Civilian Association – AFSCME Local 4710, Police Management Unit – PMA and Police Safety Unit – SBPOA
F) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957)
i) Title: City Manager – (Goal Setting)
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: April 16, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Water Conservation Month in the City of San Bernardino (All Wards)
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A PROCLAMATION OF
THE MAYOR AND CITY COUNCIL
PROCLAIMING APRIL 2025, AS
WATER CONSERVATION MONTH
IN THE CITY OF SAN BERNARDINO
WHEREAS, water is an essential need for all life and a critical resource for the health, safety and welfare of the residents of the City of San Bernardino; and WHEREAS, a resilient supply of water is vital to the growth of commerce and the quality of life for all who work and live in San Bernardino; and WHEREAS, the City of San Bernardino is committed to supporting water conservation initiatives and partnerships that enhance public awareness and community engagement; and
WHEREAS, the City of San Bernardino has entered the National Mayor’s Challenge for Water Conservation, recognizing the importance of managing our water resources wisely to ensure a sustainable future for our community; and
WHEREAS, the month of April marks the beginning of the high water-use season, making it an ideal time to promote awareness and encourage residents, businesses and institutions to adopt water-efficient practices; and
WHEREAS, simple actions such as fixing leaks, using water-efficient appliances, landscaping with native plants, and being mindful of outdoor water use can make a significant difference in overall water conservation efforts; and WHEREAS, the City of San Bernardino encourages water conservation, through various educational programs and incentives to help residents and businesses save water.
NOW, THEREFORE, BE IT RESOLVED THAT, the Mayor and the City Council of San Bernardino, do hereby proclaim he month of April 2025 as “Water Conservation Month” in the City of San Bernardino and urge all residents, businesses, and community organizations to take part in preserving our water supply through mindful conservation efforts.
WE URGE THE COMMUNITY TO:
Join the National Mayor’s Challenge for Water Conservation by making a pledge at www.mywaterpledge.com throughout the month of April.
Take steps year-round to use water wisely by adopting efficient practices including fixing leaks, adopting climate appropriate landscapes, and irrigating efficiently.
Spread awareness about the importance of water efficiency and encourage participation in the National Mayor’s Challenge for Water Conservation.
Presented on the 16th Day of April 2025
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: April 16, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Child Abuse Prevention Month in the City of San Bernardino – April 2025 (All Wards)
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PROCLAMATION OF
THE MAYOR & CITY COUNCIL
PROCLAIMING APRIL 2025, AS
CHILD ABUSE PREVENTION MONTH
IN THE CITY OF SAN BERNARDINO
WHEREAS, April 2025 has been proclaimed as CHILD ABUSE PREVENTION MONTH by the state and federal government for the purpose of promoting community involvement in preventing child abuse. All children have the right to receive the care, protection, and guidance a family provides; they have the right to be free from harm and to have their physical, emotional, and educational needs met; and
WHEREAS, just over 31,000 children in San Bernardino County were referred in 2024 to the Children & Family Services for suspected child abuse and neglect; Children’s Assessment Center staff, Children and Family Services Social Workers, Public Health Nurses, law enforcement officers, educators, behavioral health clinicians and others in the field are dedicated, compassionate and skilled individuals working under the enormous pressure to protect children; the prevention of child abuse requires rigorous solutions, energy, strength, determination, and commitment on the part of concerned citizens and the community; and WHEREAS, protective factors are conditions that reduce or eliminate risk and promote the social, emotional, and developmental well-being of children; and WHEREAS, effective child abuse prevention activities succeed because of the partnerships created between the Children’s Network and Children’s Fund in partnership with the Children and Family Services, Department of Public Health, First 5 San Bernardino, Community Action Partnership, County Superintendent of Schools, Sheriff’s Department, Child Care Planning Council, Department of Behavioral Health, Preschool Services Department, County Library, Arrowhead Regional Medical Center, Children’s Assessment Center, Loma Linda University Children’s Hospital, and County Fire Department; and
WHEREAS, the blue ribbon is the international symbol for child abuse prevention; the Children’s Network has planned a Blue Ribbon Media Campaign, Educational Materials Distribution, and the 26th Annual Shine A Light on Child Abuse Prevention Awards Ceremony to increase awareness of child abuse during the month of April.
NOW, THEREFORE BE IT PROCLAIMED THAT, the Mayor and City Council of the City of San Bernardino, do hereby proclaim April 2025, as CHILD ABUSE PREVENTION MONTH in the City of San Bernardino and encourage all citizens to participate in the events offered by San Bernardino County and join in the efforts to end child abuse.
Presented on the 16th day of April 2025
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PRESENTATIONS
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: Pavement Management Plan and Asset Inventory
Program Update Presentation (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California; receive and file the presentation by Nicols Consulting Engineers on the Pavement Management Plan (PMP) process and work plan.
Executive Summary
Nicols Consulting Engineers, the contractor awarded the contract for the City’s Pavement Management Plan (PMP), will present the details of the PMP process, including the methodology for evaluating pavement conditions, asset inventory, and future rehabilitation planning. The PMP is an essential tool for systematically assessing and improving the City’s road network. The presentation will outline the work plan, data collection methods, expected outcomes, and next steps.
Background
The City of San Bernardino spans approximately 62.4 square miles with 650 centerline miles of paved surfaces. Maintaining and improving the pavement network is critical for public safety, economic development, and infrastructure longevity. The City awarded a contract to Nicols Consulting Engineers to develop a Pavement Management Plan, which includes a comprehensive pavement condition assessment, asset inventory, and a long-term rehabilitation strategy.
The PMP will provide a data-driven approach to prioritize pavement maintenance and rehabilitation projects over the next several years. The assessment will also include sidewalks, traffic signs, curb ramps, pavement markings, and other roadway assets.
On May 15, 2024, the Mayor and City Council awarded the contract for the Pavement Management Program (PMP) and Asset Inventory Program to Nichols Consulting Packet Page. 18
Engineers (NCE). The PMP and Asset Inventory Program are integral to maintaining and improving the City's pavement infrastructure, ensuring long-term sustainability and efficient resource allocation.
Discussion
Nicols Consulting Engineers is leading the PMP process and conducting the pavement assessment work. The firm has extensive experience in pavement management, asset inventory, and capital improvement planning.
The PMP will consist of automated and manual pavement condition assessments using industry-standard protocols. A detailed inventory of roadside assets, including signs, sidewalks, curb ramps, and pavement striping, will be conducted. A seven-year pavement rehabilitation plan will be developed, incorporating cost estimates and project prioritization. Work zone analysis will be performed to aid in planning for future capital improvement projects. The collected data will be integrated into the City's Geographic Information System (GIS) for long-term use.
The Pavement Management Program (PMP) is currently underway, with data collection in progress. The analysis phase is expected to take approximately four months, with the final report and recommendations anticipated by August 2025.
This PMP is a crucial tool for the City to make informed, data-driven decisions about pavement maintenance and rehabilitation. It will ensure that available funding is used effectively to extend pavement life and improve roadway safety. The PMP also supports the City’s efforts to secure state and federal infrastructure funding.
The assessment will be conducted through a combination of automated pavement condition surveys, manual inspections, and GIS-based data collection. Nicols Consulting Engineers will use advanced technology to assess 100% of the roadway network, providing a comprehensive evaluation of pavement conditions and infrastructure assets. The findings will inform project prioritization and budgeting. 2021-2025 Strategic Targets and Goals
Authorizing this agreement aligns with Key Target No. 3: Improved Quality of Life. The completion of this project will improve safety, accessibility, and functionality of the community center’s parking facilities, benefiting all visitors.
Fiscal Impact
There is no immediate fiscal impact associated with this presentation. The PMP is funded through the approved Capital Improvement Program budget. Future funding recommendations for pavement rehabilitation projects will be based on the results of the PMP.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California; receive and file the presentation by Nicols Consulting Engineers on the Pavement Management Plan (PMP) process and work plan.
Attachments
Attachment 1 Agreement with Nicols Consulting Engineers Attachment 2 PowerPoint Presentation
Ward:
All Wards
Synopsis of Previous Council Actions:
June 1, 2022 The Mayor and City Council of the City of San Bernardino adopted Resolution No. 2022-102 approving and adopting the City’s Annual Operating Budgets and Capital Improvement Plan (CIP) for Fiscal Year 2023 and Fiscal Year 2024
June 1, 2022 The Mayor and City Council of the City of San Bernardino adopted Resolution No. 2023-155 approving the Five-Year Capital Improvement Plan FY 2023/24 to FY 2027/28 for
Measure I Local Expenditures
May 15, 2024 Award of Professional Services Agreement for Pavement Management Program and Asset Inventory (All Wards)
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PUBLIC HEARING
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;
Gabriel Elliott, Director of Community Development and Housing Department: Community Development and Housing
Subject: Proposed Substantial Amendment to Fiscal Year 2021- 2022 and 2024-2025 Annual Action Plans to Fund
Affordable Housing and Public Facilities Projects and
Proposed Substantial Amendment to Update the
Community Development Block Grant Citizen
Participation Plan (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of The City of San Bernardino, California:
1. Conduct a Public Hearing to obtain citizens’ comments on the proposed Substantial Amendments to:
A. Fiscal Year 2021-2022 Annual Action Plan allocating Fiscal Years 2020-2021, 2021–2022, 2022-2023, and 2023-2024 HOME Investment Partnerships Program funds to Arrowhead Grove (Phase 4). Project funding will increase from $385,870 to $4,900,000; and
B. Fiscal Year 2024-2025 Annual Action Plan allocating the remaining Fiscal Years 2020-2021, 2021–2022, 2022-2023, and 2023-2024 HOME Investment Partnerships Program funds to Jamboree Housing Corporation for an affordable housing development. Project funding will increase from $124,187 to $2,003,178.80
C. Fiscal Year 2024-2025 Annual Action Plan allocating Community Development Block Grant Program funds. The amendment specifically identifies four (4) Public Works projects with details to which funds were previously allocated.
D. The Community Development Block Grant Citizen Participation Plan Packet Page. 105
2. Approve the draft Substantial Amendments to the Fiscal Years 2021-2022 and 2024- 2025 Annual Action Plans for the Community Development Block Grants and HOME Investment Partnership-funded projects; and
3. Adopt Resolution 2025-273, Substantial Amendments to the Fiscal Years 2021-2022 and 2024-25 Annual Action Plans for the Community Development Block Grants and HOME Investment Partnerships Program-funded projects to increase funding to the Arrowhead Grove Phase 4 and Jamboree Project from unspent funds; and
4. Approve the proposed substantial amendments to the Community Development Block Grant Citizen Participation Plan.
5. Authorize The City Manager or designee to take any further actions and execute any further agreements or documents, as necessary, to effectuate the submittal of the proposed Substantial Amendments to the Fiscal Year 2021-2022 and 2024-2025 Annual Action Plan.
Executive Summary
City Staff is requesting a Public Hearing to solicit public comments on the proposed Substantial Amendment to the Community Development Block Grant Citizen Participation Plan and the Fiscal Year (FY) 2021-2022 and 2024-2025 Annual Action Plans (AAP) for the City’s Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME). Specifically;
• FY2021-2022 AAP to increase funding for Arrowhead Grove Phase 4 to $4,900,000.
• FY2024-2025 AAP to allocate HOME funds to Jamboree Housing Corporation for affordable housing development.
• FY2024-2025 AAP will incorporate project details for four (4) Public Works projects.
Background
The City of San Bernardino (City) receives CDBG, HOME Investment Partnership Program (HOME) and Emergency Solutions Grant (ESG) funds from the United States Department of Housing and Urban Development (HUD). The funds are available to provide decent housing, suitable living environments, and expanded economic opportunities, principally for low and moderate-income people. Each year, the City prepares an AAP, which describes how it will spend its Federal CDBG, HOME, and ESG funds that it expects to receive from HUD.
In accordance with HUD regulations, the City is required to develop and implement an Annual Action Plan as part of its Consolidated Plan. The Annual Action Plan outlines specific projects and activities funded through HUD programs. Periodically, adjustments to the plan are necessary to address evolving community needs, funding availability, and program priorities. When a proposed change meets the criteria for a Substantial Packet Page. 106
Amendment—such as significant reallocation of funds, changes in project scope, or the addition of new activities—the City must amend the Annual Action Plan and follow public participation requirements.
On June 2, 2021, the Mayor and City Council approved FY2021-2022 AAP, allocating $385,870 to Arrowhead Grove Phase 4.
On May 15, 2024, the Mayor and City Council approved FY2024-2025 AAP, allocating $1,309,341 in CDBG to Public Works. Of this, $750,000 was allocated for CDBG-eligible activities for City public facilities and park improvements (e.g., Encanto Park, Gutierez Park, and Ruben Campos Community Center). Additionally, $124,187 in HOME funds were allocated to affordable housing projects.
As part of the amendment process, the City conducted community outreach and provided opportunities for public comment in accordance with its Citizen Participation Plan. To meet these requirements, the City issued a public notice in English and Spanish on 3/13/2025 and posted the notice on the City’s website. The notice provided details on the proposed Substantial Amendment, the availability of the draft document for public review, and instructions for submitting comments. A 30-day public comment period was held from 3/17/2025 to 4/15/2025 in compliance with HUD’s public participation guidelines, and all comments have been incorporated into the Substantial Amendment.
Discussion
This Substantial Amendment proposes modifications to the City’s FY2021/2022 and FY2024/2025 AAP for the City’s CDBG and HOME program allocations, and the CDBG Citizen Participation Plan.
CDBG
The total allocation of $1,309,341 CDBG funds to Public Works allowed flexibility in evaluating each location and designating funds for necessary improvements. City Council’s approval of recommendations for funding CDBG projects included increasing the Public Works allocation by $900,000 to allow for CDBG-eligible activities with City public facilities and four (4) infrastructure improvements: 1) Encanto Park, 2) Gutierrez Park, 3) Ruben Campos Community Center and 4) Hillside Street Improvements).
However, the four infrastructure projects were not specifically named in the FY2024-2025 AAP Project Summary, nor was the scope of work provided. This is because the Council directed the funding for these infrastructure improvements during the approval of the FY2024-2025 AAP, which was prior to the development of any scope of work; as a result, the strategy was an attempt to provide additional flexibility and reduce the number of substantial amendments if the actual funding needed for each project differed from what Council approved after developing the scope of work for each project. HUD approved the Annual Action Plan when it was submitted; however, they are now requesting this information to be provided. This Substantial Amendment seeks to add the names of the four public works projects.
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HOME
The Substantial Amendment seeks to reallocate prior years' unspent HOME funds from FY2020-2021 through FY2024/2025 AAPs to two affordable housing projects: Jamboree and Arrowhead Grove Phase 4.
The HOME allocation can be used for City administrative costs, such as staff salaries and supplies, but is capped at 10% in any given program year. The unspent administrative funds are now being programmed for affordable housing projects.
FY2020/2021
• The Seccombe Park Housing Project is on hold pending the relocation of the existing park.
• Homekey Motel Conversion to Permanent Supportive Housing (The City never applied for nor received Homekey funds in-FY 2020-2021).
FY 2020/21 PROGRAMS Original AP
Balance
Remaining
Substantial
Amendment
HOME Administration
HOME Administration $ 185,207.90 $ -
Affordable Rental Housing Project $ 500,000.00 $ 500,000.00 $ (500,000.00) Infill Housing* $ 700,000.00 $ 375,000.00
Seccombe Park Housing Project $ 740,100.00 $ 740,100.00 $ (740,100.00) Homekey Motel Conversion to Permanent Supportive Housing $ 1,300,000.00 $ 1,300,000.00 $ (1,300,000.00) Home Single Family Rehab $ 449,550.00 $ 18,235.96 $ (18,235.96) FY 2020/21 PROGRAMS $ 3,874,857.90 $ 2,933,335.96 $ (2,558,335.96) FY 2021/22 PROGRAMS
HOME Administration $ 139,570.70 $ 139,570.70 $ (139,570.70) Infill Housing* $ 25,000.00 $ - $ -
Seccombe Park Housing Project $ 431,266.00 $ 431,266.00 $ (431,266.00) Eastpointe Intentional Housing - Homeow nership $ 214,000.00 $ 214,000.00 $ (214,000.00) Arrow head Grove Phase 4 $ 385,870.00 $ 385,870.00
U.S. Vets New Affordable Housing3 $ 470,000.00 $ 470,000.00 $ (470,000.00) FY 2021/22 PROGRAMS $ 1,665,706.70 $ 1,640,706.70 $ (1,254,836.70) FY 2022/23 PROGRAMS
HOME Administration $ 156,952.00 $ - $ -
Affordable Rental Housing Project (New Construction or Rehab) $ 675,568.00 $ 675,568.00 $ (675,568.00) Infill Housing* $ 937,000.00 $ 937,000.00 $ (568,000.00) FY 2022/23 PROGRAMS $ 1,769,520.00 $ 1,612,568.00 $ (1,243,568.00) FY 2023/24 PROGRAMS
HOME Administration $ 146,093.60 $ 21,539.14 $ (21,539.14) Placeholder $ 1,314,842.00 $ 1,314,842.00 $ (1,314,842.00) FY 2023/24 PROGRAMS $ 1,460,935.60 $ 1,336,381.14 $ (1,336,381.14) FY 2024/25 PROGRAMS
HOME Administration $ 116,021.00 $ 116,021.00
Affordable Housing Projects $ 124,187.00 $ 124,187.00
NPHS - OORP* $ 920,000.00 $ 920,000.00
FY 2024/25 PROGRAMS $ 1,160,208.00 $ 1,160,208.00 $ -
TOTAL PENDING PROGRAMS/PROJECTS $ 8,683,199.80 $ (6,393,121.80) *Project underw ay funds not reallocated.
Arrow head Grove Phase IV $ 4,514,130.00
Jamboree 5th & Merdian $ 1,878,991.80
$ 6,393,121.80
Approved Action Plan By FY
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• Single-family rehabilitation has a remaining balance.
FY2021/2022
• The Seccombe Park Housing Project is on hold pending the relocation of the existing park.
• For Eastpoint Intentional Housing (Homeownership), the developer was unable to secure the funding necessary to demonstrate the project's financial viability. • U.S. Vets Affordable Housing, the project will utilize Permanente Local Housing (PLHA) funds allocation and Low-Moderate Housing funds.
FY2022/2023 to FY2024/2025
• The Affordable Rental Housing Project placeholder allocations are being utilized for Arrowhead Grove Phase 4 and the Jamboree Housing Corporation project.
The Housing staff will return to the Council to request approval of the HOME regulatory and loan agreements.
Citizen Participation Plan
As part of the amendment process, the City conducted community outreach and provided opportunities for public comment in accordance with its Citizen Participation Plan (CPP).
The CPP was last updated in 2019. The proposed changes align with the City's strategic goals of promoting affordable housing, enhancing public infrastructure, and improving social services for vulnerable populations.
Updates to the CPP ensure that the public has a meaningful role in shaping how the CDBG funds are used. The requirements include the following key elements:
1. Public Notice & Access to Information
2. Public Hearings & Meetings
3. Public Comment Periods
4. Substantial Amendments
5. Accommodations & Inclusivity
6. Citizen Complaints
Approval of this amendment will allow the City to optimize the use of HUD funding and ensure that resources are effectively directed to meet the most pressing community needs.
Fiscal Impact
There is no General Fund impact associated with this Substantial Amendment.
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Conclusion
It is recommended that the Mayor and City Council of The City of San Bernardino, California:
1. Conduct a Public Hearing to obtain citizens’ comments on the proposed Substantial Amendments to:
A. Fiscal Year 2021-2022 Annual Action Plan allocating Fiscal Years 2020-2021, 2021–2022, 2022-2023, and 2023-2024 HOME Investment Partnerships Program funds to Arrowhead Grove (Phase 4). Project funding will increase from $385,870 to $4,900,000; and
B. Fiscal Year 2024-2025 Annual Action Plan allocating the remaining Fiscal Years 2020-2021, 2021–2022, 2022-2023, and 2023-2024 HOME Investment Partnerships Program funds to Jamboree Housing Corporation for an affordable housing development. Project funding will increase from $124,187 to $2,003,178.80
C. Fiscal Year 2024-2025 Annual Action Plan allocating Community Development Block Grant Program funds. The amendment specifically identifies four (4) Public Works projects with details to which funds were previously allocated.
D. The Community Development Block Grant Citizen Participation Plan
2. Approve the draft Substantial Amendments to the Fiscal Years 2021-2022 and 2024- 2025 Annual Action Plans for the Community Development Block Grants and HOME Investment Partnership-funded projects; and
3. Adopt Resolution 2025-273, Substantial Amendments to the Fiscal Years 2021-2022 and 2024-25 Annual Action Plans for the Community Development Block Grants and HOME Investment Partnerships Program-funded projects to increase funding to the Arrowhead Grove Phase 4 and Jamboree Project from unspent funds; and
4. Approve the proposed substantial amendments to the Community Development Block Grant Citizen Participation Plan.
5. Authorize The City Manager or designee to take any further actions and execute any further agreements or documents, as necessary, to effectuate the submittal of the proposed Substantial Amendments to the Fiscal Year 2021-2022 and 2024-2025 Annual Action Plan.
Attachments
Attachment 1 2021-2022 Annual Action Plan
Attachment 2 2024-2025 Annual Action Plan
Attachment 3 Proposed Citizen Participation Plan
Attachment 4 Proof of Publication 30-Day Public Comment and Public Hearing Notice
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Attachment 5 Resolution No. 2025-273
Attachment 6 PowerPoint Presentation
Synopsis of Previous Council Actions
June 2, 2021 City Council approved the Fiscal Year 2021-2022 Annual Action Plan.
May 15, 2024 City Council adopts the Fiscal Year 2024-2025 Annual Action Plan.
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
Each year, the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of San Bernardino, specifically Community Development Block Grant (CDBG) and other federal housing funds. To receive these funds, the City must complete a report every five years called the Consolidated Plan. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plans.
The City is an entitlement jurisdiction and will receive the following federal grants:
• Community Development Block Grant (CDBG)
• HOME Investment Partnerships Program (HOME)
• Emergency Solutions Grant (ESG)
On April 16, 2025, the City Council amended this Annual Action Plan through a Substantial Amendment to increase HOME funding for an affordable housing project, Arrowhead Grove Phase 4 by adding $4,900,000 from prior years, unspent HOME funds from the for 2020-2021, 2021-2022, 2022-2023, and 2023-2024 Annual Action Plans. The project funding will change from $385,870 to $5,285,870 A public notice regarding this amendment was published in the English-language Daily Journal on March 13, 2025, and in the Spanish-language El Chicano on March 13, 2025. A 30-day public comment period provided allowing public comments from March 17, 2025 to April 16, 2025. A public hearing was held by City Council on April 16, 2025.
2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.
The City of San Bernardino has identified a range of housing and community development needs in accordance with the structure presented in HUD regulations 24 CFR 91.215 affordable housing, homelessness, and non-housing community development. Priority is assigned based on the level of need demonstrated by the data collected during the plan preparation, specifically in the Needs Assessment and Packet Page. 112
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the Market Analysis, the information gathered during the consultation and citizen participation process, and the availability of resources to address these needs. Based on these components, housing needs are considered a high priority, particularly low-income ownership housing and transitional housing with supportive services for the homeless population. Out of the top ten priority needs, the feedback from citizen participation indicated that the top four pressing concerns of the City are:
• Homelessness and homelessness issues (i.e., supportive housing) • Access to affordable housing
• Street infrastructure (i.e., road maintenance and street lighting) • Joblessness/job creation
The City aims to utilize their grant funds to coordinate services, programs, and projects with the goal of creating a decent and suitable living environment to benefit low- and moderate-income households and those with special needs. Priorities for the 2021-2022 Action Plan have been established in consultation with the residents of San Bernardino and the serving community organizations.
Priorities Objectives/Goals
The following goals outlined in the Consolidated Plan and to be implemented during the FY 21-22 Annual Action Plan are listed below and will go into further detail in section AP-20 Annual Goals:
1. Promote Economic Development: Assist in providing direct loans and loan guarantees, establish revolving loan and/or facilitate peer lending programs for the stabilization and expansion of microenterprises through the Small Business Micro Loan Program, and estimated 10 businesses will be assisted.
2. Promote Economic Development: Repayment of debt service for the Arden Guthrie Project which will create 214 jobs.
3. Promote Economic Development: Provide no-cost services to residents/business owners in City of San Bernardino to help improve the likelihood of the successful growth of existing businesses through the Micro-Enterprise Program and estimated 10 businesses will be assisted.
4. Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services.
5. Expand Homeownership Opportunities: Fund construction of four (4) single family homes, citywide where opportunities exist for infill housing for low to moderate income households whose incomes will range from 50% to 80% of Area Median Income (AMI).
6. Expand Homeownership Opportunities: Assist homebuyers with the purchase of affordable housing in the Eastpointe Community which will assist four (4) households with the purchase of a home.
7. New Affordable Rental Housing Construction or Rehabilitation: Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, will continue phase 4 of the multiPacket Page. 113 Annual Action Plan
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phase Rental Assistance Demonstration (RAD) project with the construction of 94 units.
1. New Affordable Rental Housing Construction or Rehabilitation: Assist 100 households in the new Seccombe rental housing project.
2. New Affordable Rental Housing Construction or Rehabilitation: Potential project to be considered utilizing unprogrammed funds once the City does a Substantial Amendment to its Annual Action Plan (AAP) FY 2021-2022. The City would require public review and comment of the AAP. Based on public comment, would the City then proceed with funding the project. The City's intent is to fund a 30 unit Permanent Supportive Housing (PSH) project for U.S.
Veterans. The City, in partnership with the San Bernardino County Community Development and Housing Department (CDH), would entail the development of PSH or affordable housing.
3. Improve Facilities and Infrastructure: Improve selected streets resulting from new Infill Housing projects. The following streets will be improved: 532 Ramona Avenue – Ward 1; 2129 Wall Avenue – Ward 2; 938 N. G Street – Ward 2; 140 W. 13th Street – Ward 2; 2060 E. 18th Street – Ward 7, Grape Street (Walnut to Mill Street) – Ward 3, and Davidson Avenue (Baseline to 14th Street) – Ward 6.
Summary of some of the findings used to determine priority needs • 215,784 persons reside in San Bernardino (US Census Bureau 2019) comprising of 59,295 households.
• Approximately 26% live in poverty
• San Bernardino County homeless count data have indicated a need to support programs that serve people experiencing homelessness. The 2020 PIT count for the City is 1,056 which accounts for 34% of San Bernardino County’s total count. • City provides for and residents benefits from participating in homelessness and homelessness issues (i.e., supportive housing), access to affordable housing, street infrastructure (i.e., road maintenance and street lighting) and joblessness/job creation. • The creation City uses CDBG funds for public services, public facilities and improvements, housing activities, and planning and administrative costs. The CDBG program’s primary objective is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low and moderate income.
Funds can be used for a wide array of activities, including housing rehabilitation, homeownership assistance, lead-based paint detection and removal, construction or rehabilitation of public facilities and infrastructure, removal of architectural barriers, public services, rehabilitation of commercial or industrial buildings, and loans or grants to businesses.
3. Evaluation of past performance
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This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.
Preserve and rehabilitate existing single-family dwellings – The Owner-Occupied Housing Rehabilitation Program provided financial assistance to income-qualified, San Bernardino homeowners for repairs to their homes. Due to the spread of the Coronavirus 2019 (COVID-19) pandemic, this program came to a halt in order to preserve the safety of their residents and staff, which hindered the ability to meet the City’s goals and outcomes.
Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In FY 2019-20, the City completed the construction on two (2) homes on an infill lot to create affordable housing opportunities. This program improves neighborhoods by utilizing vacant and blighted lots for new owner-occupied housing. The City and their CHDO partner, Housing Partners I, are marketing these affordable units for sale to households at 50% to 80% of AMI for the County of San Bernardino.
Provide Supportive Services - Homeless / Non-Homeless Special Needs - In FY 2019-20, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, for phase 2 of the multi-phase Rental Assistance Demonstration (RAD) project. Phase two entails the building of 147 affordable units for mixed-income family apartments to households with 30% to 60% of AMI.
Promote Economic Development - In partnership with the Inland Empire Small Business Development Center, the City promoted and hosted small business/entrepreneur workshops. 12 San Bernardino small businesses were assisted. Due to the COVID-19 pandemic, workshops had to be postponed.
Improve Public Facilities and Infrastructure - In FY 2019-2020, the City completed: Lytle Creek Park roof replacement, Jerry Lewis Swim Center facility upgrades and replacement of playground equipment at five parks: Meadowbrook Fields, Lytle Creek, Wildwood, Harrison Canyon, and Speicher.
Fair Housing - The Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing services to eliminate identified impediments to fair housing through education, enforcement, and testing to approximately 3,300 persons in the City.
Planning and Administration: Provided funds for planning and administration of CDBG, HOME and ESG.
Provide rental assistance and preserve existing affordable rental housing - In FY 2019-2020, two (2) rental projects were inspected to ensure units remained affordable and habitable.
Expand the affordable housing inventory through new construction - In 2019-2020, the third phase of construction commenced on the site of the former Waterman Gardens Public Housing community (now called Arrowhead Grove), which resulted in a total of 184 mixed-income family apartments. Arrowhead Packet Page. 115
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Grove will provide 147 affordable one- to four-bedroom family units with an additional 35 market-rate units interspersed across the site and two units for property managers. In addition to the new units constructed, a new traffic signal and bus shelter were installed.
Improve Neighborhood Conditions – Demolition Program - Funding for this project has been eliminated due to the program’s inability to spend down its CDBG budgeted amounts during two consecutive years.
4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan
To solicit public input during the development of the Consolidated Plan and the Annual Action Plan, the City conducted the following meetings:
• Virtual Community Workshop.
• Stakeholder Interviews; and
• Online Survey.
To solicit public input during the development of the Annual Action Plan, the City conducted a virtual Community Workshop through online platform Zoom on Wednesday, March 31, 2021 at 5:30 PM to 7:30 PM. There were 13 people in attendance. This virtual meeting was held in pursuant to Governor Newsom’s Executive Order N-29-20 and conducted in accordance with state and local health regulations as a response to the Coronavirus 2019 (COVID-19) pandemic. The following organizations attended and were interviewed during the virtual Workshop:
• Arts Connection, the Arts Council of San Bernardino County • Congregations Organized for Prophetic Engagement (COPE) • Dignity Health
• Making Hope Happen Foundation
• Mary Erickson Community Housing/Valon Consulting
• Uplift San Bernardino
The City has also conducted stakeholder interviews to obtain feedback. The feedback was especially helpful in identifying gaps in services, trends in the local community, and needs relating to specific services and populations. The following organizations participated in the stakeholder interviews:
• Dignity Health
• Lutheran Social Services Southern California
• Neighborhood Partnership Housing Services
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• San Bernardino Housing Authority
Residents and service providers for the City of San Bernardino were encouraged to participate in the Annual Action Plan process and review. Newspaper ads were published in the El Chicano and the San Bernardino Sun to notify the public about the first public hearing and 30-day public review was published on March 15, 2021. The first public hearing for the draft FY 21-22 Annual Action Plan to City Council was held on April 21, 2021.
The Annual Action Plan was available for public review beginning May 3, 2021 and up to and including June 1, 2021 for the second public hearing, held on June 2, 2021. The report was available on the City website for review and commenting Public comments received will be incorporated into the final Annual Action Plan.
Lastly, an online survey for FY21-22 Annual Action Plan input was available in both English and Spanish to gain input from the residents of San Bernardino. This survey utilized the platform, SurveyMonkey, and was made available to residents from March 11, 2021 to April 3, 2021. The City received a total of 101 responses to the online survey (74 in English and 27 in Spanish).
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.
The feedback from the Community Workshop and Stakeholder interviews indicated that the top four pressing concerns of the City are:
1. Homelessness and homelessness issues (i.e., supportive housing)
2. Access to affordable housing
3. Street infrastructure (i.e., road maintenance and street lighting)
4. Joblessness/job creation
Suggestions from the community to overcome these issues include additional public education/workshops, more communication from the City to the public, and more opportunities for public/private partnerships with community-based organizations. There is support for funds to be spent on affordable housing development, economic development for the City, and homeless services.
The City also conducted an online survey in both English and Spanish from March 11, 2021 to April 3, 2021. There was a total of 101 responses to the online survey. A little over half of the respondents were homeowners (54%) with the remaining respondents being renters (39%) or in other types of living situations (7%). The response came from residents living in the City for 10 years or over. The top four areas of need identified in the online surveys were:
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1. Economic Development (job creation)
2. Infrastructure (i.e., sidewalks/streets)
3. Services for the homeless
4. Affordable housing
The top three infrastructure needs that were identified were street improvements, street lighting, and tree planting/urban greenery. City-facility needs identified were community centers, park and recreational facilities, and youth centers. For housing needs, the top three identified were:
1. First-time home buyer assistance
2. Owner-occupied rehabilitation
3. Renter-occupied housing rehabilitation
Respondents also identified two primary homeless needs:
1. Permanent supportive housing with social services
2. Transitional housing (short-term up to 6 months
There were no public comments made during the two public hearings (April 21, 2021 and June 2, 2021) nor during the 30-day public comment period of May 3, 2021 through June 1, 2021.
6. Summary of comments or views not accepted and the reasons for not accepting them All comments made were accepted and incorporated into the FY 2021-2022 Annual Action Plan. There were no comments that were not accepted.
7. Summary
The City has taken diligent and good faith efforts to reach all segments of the community that may benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b) Packet Page. 118
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PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
Lead Agency SAN BERNARDINO
CDBG Administrator SAN BERNARDINO Community and Economic Development Department
HOPWA Administrator
HOME Administrator SAN BERNARDINO Community and Economic Development Department
ESG Administrator SAN BERNARDINO Community and Economic Development Department
HOPWA-C Administrator
Table 1 – Responsible Agencies
Narrative (optional)
The City’s Community and Economic Development Department administers, implements, and monitors activities and projects funded through the federal grants. The Community and Economic Development Department is responsible for developing and carrying out the priorities and goals established in the Consolidated Plan. In addition, the Department works collaboratively with the Public Works Department, City Parks and Recreation Department, City Manager’s Office, City Council, and the CDBG Ad Hoc Committee to develop goals and priorities for the current year that is aligned with the Consolidated Plan and address the needs of the residents of San Bernardino.
Consolidated Plan Public Contact Information
For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact:
the Community and Economic Development Department, Gretel Noble, Housing Manager at 201 N E Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-7270 or via email at [email protected].
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The City views the Consolidated Plan and Annual Action Plan as an opportunity to engage the community in the CDBG, HOME, and ESG investment process. The City encourages their residents to voice their needs and concerns regarding homelessness, affordable housing, and community development. All members of the public, especially those living in low- and moderate-income neighborhoods, are encouraged to participate in the planning stages. The goal of the consultation process was to gather data to help determine the priority needs. The City also coordinates and collaborates with various service providers to identify specific needs or certain vulnerable populations.
Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted
housing providers and private and governmental health, mental health and service agencies (91.215(l)). (continued)
• The City is working with lead partners National Community Renaissance (CORE), an affordable housing developer; Nonprofit Finance Fund (NFF), a national CDFI; and Build Healthy Place Network (BHPN), the national center at the intersection of community development and health to advance equity, on the UPLIFT SB Equitable Development Plan. The UPLIFT SB Equitable Development Plan attains two overarching goals: 1) encourage health investors to advance comprehensive solutions and 2) spark collaborative problem-solving to address persistent community development challenges in the Waterman Baseline neighborhood and the City of San Bernardino, which include increasing the level of activity and improving the economic and health equity outcomes for residents and the community. UPLIFT Equitable Development Plan will strengthen the existing Waterman and Baseline Specific Plan (Specific Plan) and leverage other community-led collective impact efforts. The City is in collaboration with mentioned lead partners to increase investments in housing, health and safety, job creation. The goal is to bring business service providers along to determine how to best deploy resources to residents in the City of San Bernardino. These efforts will address some of the biggest barriers to opportunity, high crime rates, homelessness, and lack of good paying jobs, namely through affordable housing, job creation, and economic development.
• For the past year the City has been working with an initiative headed by the Center for Community Investment and seven health providers, including Dignity Health in an initiative to Accelerate Investments in Healthy Communities (AIHC).
• The City has also interviewed Dignity Health; Lutheran Social Services Southern California; Neighborhood Partnership Housing Services; and San Bernardino Housing Authority to receive input on potential gaps in services and identification of needs for residents.
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Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
• The City has been working in partnership with the Housing Authority of the County of San Bernardino (HACSB) and County Community Development and Housing Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as Arrowhead Grove). The City is also working in partnership with National CORE, an Inland Empire CHDO, and the Housing Authority of the County of San Bernardino in the development of Arrowhead Grove.
• The City partners with Neighborhood Partnership Housing Services (NPHS), a CHDO, for the administration of an owner-occupied, single family rehabilitation program. • Housing Partners I, also a CHDO, and NPHS partners with the City to build new single family, ownership housing on vacant and blighted lots throughout the city, in order to increase homeownership among households at and below 80% of Area Median Income. • The City coordinates with the County Department of Behavioral Health (DBH) in an ongoing exchange of information and resources available to persons who are experiencing homelessness and mental health crises. The City has also partnered with DBH in the Golden Apartments project where DBH provides the case management services for the formerly homeless residents who live with mental illness.
• The City has also been working on investment strategies for housing and health with Dignity Health. Dignity Health’s Community Investment program provided a $1.2 million dollar loan for the construction (which is currently underway) of Arrowhead Grove Phase 3, which will result in the construction of a 184 mixed income development, with 147 units reserved for low-income households.
• The City has been consulting with the Housing Authority of the County of San Bernardino and the Community Development and Housing Agency of the County of San Bernardino concerning lead-based paint hazards as it relates to rehabilitation of owner-occupied single-family homes. The City has also consulted with HUD’s environmental office regarding lead-based paint and staff attended the most recent lead-based paint training provided onsite at the HUD Los Angeles office.
• The City has been in coordination with the San Bernardino Unified School District with their Uplift San Bernardino initiative. Uplift San Bernardino is focused on the future of the youth community, such as launching the future workforce into local jobs; ignite Upward Mobility in the community; convene leadership work groups to change systems & policies; effectively inspire community voice & engagement to inform better decisions & increase access to opportunities especially for youth; create shared understanding of issues & opportunities based on research & data; mobilize people and resources to fill in gaps identified between systems and promote accountability through a transparent history of Uplift’s decisions, progress, & learning. • The City has been working in partnership with Inland Empire Small Businesses Development Center (IESBDC) to deliver small business startup workshops to existing small business owners Packet Page. 122
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and aspiring entrepreneurs within the City of San Bernardino. Small business startup workshops are offered in both English and Spanish to accommodate the San Bernardino population. Spanish workshops are offered in collaboration with the Mexican consulate, who host their space for Spanish speaking participants.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The City recognizes the needs to address people experiencing homelessness, particularly the chronically homeless populations. The City collaboratively works with four entities throughout the County of San Bernardino. The following entities are:
1) Interagency Council on Homelessness
2) Homeless Provider Network
3) Central Valley Steering Committee
4) San Bernardino County Behavioral Health Administration, Office of Homeless Services These entities comprise of policy-making bodies, advisory groups of faith-based and non-profit housing organizations, collaborative organization among City jurisdictions, and committees established specifically to assist those experiencing homelessness. The “10-Year Strategy to End Homelessness in San Bernardino County” guides the actions and serves as a blueprint to end homelessness in the County of San Bernardino.
Concurrently, the City of San Bernardino also actively participates in the Continuum of Care (CoC) and is fully supportive of the objectives of the 10-Year Strategy to End Homelessness in San Bernardino County plan. Bessine Richard represents the City on the board of the Interagency Council on Homelessness. The City’s Police Department support and participates in the Point-in-Time (PIT) Homeless County. The Community & Economic Department requires their ESG subrecipients to participate in the CoC’s Homeless Management Information System (HMIS). This software application is designed to collect client-level data and data on the provision of housing and services to homeless individuals, families, and person at-risk of homelessness. Lastly, the City funds four organizations through the ESG programs that provide street outreach, emergency shelter, homeless prevention services, rapid rehousing and HMIS.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Packet Page. 123
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The City closely works with the CoC and attends its regularly scheduled meetings and trainings in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, in regard to funding recommendations. The discussions at the ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative from the Housing Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year, HASCB, along with the support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans.
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency
Major Employer
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
1 Briefly describe how the
Agency/Group/Organization was consulted.
What are the anticipated outcomes of the
consultation or areas for improved
coordination?
The organization was interviewed by the City of
City of San Bernardino and participated in a
community workshop. The anticipated
outcomes are increased commitment to
affordable housing/economic investment in the
community.
Agency/Group/Organization Neighborhood Partnership Housing Services, Inc. (NPHS)
Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
2 Briefly describe how the
Agency/Group/Organization was consulted.
What are the anticipated outcomes of the
consultation or areas for improved
coordination?
The organization was interviewed by the City of
San Bernardino. The anticipated outcomes are
increased commitment to affordable housing
and infrastructure investment in the
community.
Agency/Group/Organization Lutheran Social Services Southern California Agency/Group/Organization Type Services - Housing
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
3 Briefly describe how the
Agency/Group/Organization was consulted.
What are the anticipated outcomes of the
consultation or areas for improved
coordination?
The organization was interviewed by the City of
San Bernardino. The anticipated outcomes are
increased commitment to affordable
housing/economic investment in the
community
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Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Health Agency
What section of the Plan was addressed
by Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
4 Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
The organization was interviewed by the City of San
Bernardino. The anticipated outcomes are increased
commitment to affordable housing/economic
investment in the community.
Agency/Group/Organization SAN BERNARDINO
Agency/Group/Organization Type Other government - Local What section of the Plan was addressed
by Consultation?
Hazard Mitigation & Local
5 Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
The Public Works Department has an ongoing
internal coordination process with the Housing
Department for projects and plans funded through
CDBG. The coordination provides the City with input
regarding hazard mitigation and a continued open
channel with resilience agencies (agencies whose
primary responsibilities include the management of
flood prone areas, public land or water resources
and emergency management agencies) in the
development of its plan. The IT Department has an
ongoing coordination process with the Housing
Department for projects and plans funded through
CDBG. The internal coordination provides the City
with input regarding broadband (broadband internet
service providers, organizations engaged in
narrowing the digital divide) in the development of
its plan.
Identify any Agency Types not consulted and provide rationale for not consulting Packet Page. 126
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No agency types were excluded from engagement. For future planning processes, the City will make a special effort to include specified organizations that provide a wide range of services to the residents of San Bernardino.
Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care Continuum of Care Alliance
Potential funding allocations to address
homeless needs will complement the COC
Strategy.
10-Year Strategy to End
Homelessness
Continuum of Care Alliance
Funding allocations to address homeless
needs will be consistent with the 10-Year
Strategy to End Homelessness.
City of San Bernardino
2013-2021 Housing
Element
City of San Bernardino
Department of Community
Development
Potential funding allocations to address
housing needs that will complement the
2013-2021 Housing Element
Housing Authority
County of San
Bernardino (HACSB)
Housing Authority County
of San Bernardino (HACSB)
The City will support HACSB's efforts on
public housing and the ongoing partnership
on Waterman Gardens
Table 3 – Other local / regional / federal planning efforts Narrative (optional)
City staff, along with assistance from their consultant, worked to engage a wide array of residents and stakeholder for the community outreach process. The City engaged residents and stakeholders through a community survey, stakeholder interviews, and community meetings. Various service providers, such as Health Agencies and Homeless Service providers, were included.
Stakeholders and residents provided feedback on priorities, housing problems and possible solutions. They were asked to provide input on how the City should spend their CDBG, HOME and ESG funding.
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City published notices for public hearings and 30-day public review of the FY 2021-2022 Annual Action Plan in El Chicano and the San Bernardino Sun on March 15, 2021 and March 18, 2021 respectively in accordance with its citizen participation plan. The report was made available on the City’s website at the Community and Economic Development Department. In addition, notification of the Virtual Community Workshop was posted to the City’s social media account.
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Citizen Participation Outreach
Sort
Order
Mode of O
utreach
Target of O
utreach
Summary of
response/at
tendance
Summary o
f
comments
received
Summary of c
omments not
accepted
and reasons
URL (If
applicable)
1 Newspape
r Ad
Minorities
NonEnglish
Speaking -
Specify
other
language:
Spanish
Persons
with
disabilities
Residents
of Public
and
Assisted
Housing
Low
Income
persons
No
responses
were
received.
No
comments
were
received.
Because
comments
were not
received
there is no
summary of
comments
not accepted.
http:iecn.com/ne
wspapers/elchicano/
https://www.sbsu
n.com
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Sort O
rder
Mode of O
utreach
Target of O
utreach
Summary of
response/att
endance
Summary of
comments r
eceived
Summary of c
omments not
accepted
and reasons
URL (If
applicable)
2 Online
Survey
Minorities
Non-English
Speaking -
Specify
other
language:
Spanish
Persons
with
disabilities
Nontargeted/br
oad
community
Residents
of Public
and
Assisted
Housing
101
responses
received
82%
Residents of
the City of
San
Bernardino
75% English
speakers25
% Spanish
speakers54
%
Homeowner
s39%
RentersSum
mary of top
four
concerns:1.
Ho
melessness
and
homelessne
ss issues
(i.e.,
supportive
housing)2.
Acc
ess to
affordable
housing3.
All comments
were
accepted.
www.sbcity.or
g/housing
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Sort O
rder
Mode of Ou
treach
Target of Ou
treach
Summary of
response/atte
ndance
Summary of
comments rec
eived
Summary of co
mments not
accepted
and reasons
URL (If
applica
ble)
Low Income
persons
Street
infrastructure
(i.e., road
maintenance
and street
lighting)4.
Jobless
ness/job
creation
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Sort
Or
der
Mode
of Outr
each
Target
of Outr
each
Summar
y of
respons
e/atten
dance
Summar
y of
commen
ts receiv
ed
Summar
y of com
ments
not
accepted
and reas
ons
URL (If applicable)
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Sort
Or
der
Mode
of Outr
each
Target
of Outr
each
Summar
y of
respons
e/atten
dance
Summar
y of
commen
ts receiv
ed
Summar
y of com
ments
not
accepted
and reas
ons
URL (If applicable)
3 Virtual
Comm
unity
Works
hop
Minorit
ies
NonEnglish
Speaki
ng -
Specify
other
langua
ge:
Spanis
h
Person
s with
disabili
ties
Nontargete
d/broa
d
commu
nity
Reside
nts of
Public
and
Assiste
d
Housin
g
13 people
were in
attenda
nce.
Top four
concern
s
identifie
d via
commen
ts
were:1.
Homeles
sness
and
homeles
sness
issues
(i.e.,
supporti
ve
housing)
2. Access
to
affordab
le
housing
3. Street
infrastru
cture
(i.e.,
road
mainten
ance
All
commen
ts were
accepted
https://mbakermeet.webex.com/mbak
ermeet/j.php?MTID=mf7c8897fb348d5
924b7bcc39d4f6bfb4
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Sort
Or
der
Mode
of Outr
each
Target
of Outr
each
Summar
y of
respons
e/atten
dance
Summar
y of
commen
ts receiv
ed
Summar
y of com
ments
not
accepted
and reas
ons
URL (If applicable)
and
street
lighting)
4. J
oblessne
ss/job
creation
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Sort Or
der
Mode of Ou
treach
Target of Ou
treach
Summary of
response/atte
ndance
Summary of
comments re
ceived
Summary of co
mments not
accepted
and reasons
URL (If
applica
ble)
Low Income
persons
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Sort O
rder
Mode of O
utreach
Target of O
utreach
Summary of
response/att
endance
Summary of
comments r
eceived
Summary of c
omments not
accepted
and reasons
URL (If
applicable)
4 Public
Hearing
Minorities
Non-English
Speaking -
Specify
other
language:
Spanish
Persons
with
disabilities
Nontargeted/br
oad
community
Residents
of Public
and
Assisted
Housing
25 members
of the public
attended the
April 21,
2021
meeting.
There were
no
comments
made at
either
hearing
regarding
the
priorities
and goals
for the AAP.
There were no
comments
made at either
hearing
regarding the
priorities and
goals for the
AAP.
www.sbcity.or
g/housing
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Sort Or
der
Mode of Ou
treach
Target of Ou
treach
Summary of
response/atte
ndance
Summary of
comments re
ceived
Summary of co
mments not
accepted
and reasons
URL (If
applica
ble)
5 Public
Hearing
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Nontargeted/bro
ad
community
Residents of
Public and
Assisted
Housing
At least 16
members of
the public
attended the
June 2, 2021
public hearing.
There were
no comments
made at
either
hearing
regarding the
priorities and
goals for the
AAP.
There were no
comments
made at either
hearing
regarding the
priorities and
goals for the
AAP.
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
San Bernardino, like many other jurisdictions is faced with the challenging task of meeting increasing needs with fluctuating and/or decreasing federal and state resources.
The figures shown in the Anticipated Resources table below reflect HUD's current allocation. The figure for "Expected Amount Available for Remainder of Con Plan" anticipates the level of funding using the current year allocations and projecting those allocations over the remaining years covered by the Consolidated Plan. If there are any cuts to the City's allocation over the coming years, the City will adjust this figure
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accordingly and prepare the Annual Action Plans reflective of the funding reality.
Anticipated Resources
Program Source Expected Amount Available Year 1
of
Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description
CDBG public
-
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public
Services
3,307,949 0 800,000 4,107,949 9,140,090
Funding
for
program
year 2021
includes
the Citys
HUD
allocation,
estimated
program
income,
and prior
year
resources.
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Program Source Expected Amount Available Year 1
of
Funds
Uses of
Funds Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description
HOME public
-
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction
for
ownership
TBRA
1,395,707 270,000 0 1,665,707 9,143,723
The City plans to
invest its HOME
dollars in the
rehabilitation of a
rental housing
project; Infill
Housing Program
(homeownership);
New construction
of affordable
rental housing
(Seccombe Park)
and possibly
another new
construction of
affordable rental
housing;
Eastpointe
Community
(homeownership);
Arrowhead Grove
Phase 4 (rental
housing); and
Owner-Occupied
Rehabilitation.
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Program Source Expected Amount Available Year 1
of
Funds
Uses of
Funds Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description
ESG public
-
federal
Conversion
and rehab
for
transitional
housing
Financial
Assistance
Overnight
shelter
Rapid rehousing
(rental
assistance)
Rental
Assistance
Services
Transitional
housing
290,457 54,446 0 344,903 1,155,097
ESG monies
will fund
subrecipients
to assist
people
experiencing
homelessness
with
Emergency
Shelter (ES),
HMIS, Motel
Vouchers,
Rapid ReHousing,
Rental
Assistance,
Homelessness
Prevention
(HP) and
Financial
Assistance.
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City will focus on leveraging its federal resources with state, local, and private capital in order to develop quality and decent affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including:
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Federal Resources
• Section 8 Housing Choice Voucher Program
• Federal Low-Income Housing Tax Credit Program
• Tax Exempt Bond Financing
• Community Investment Funds from Dignity Health
State Resources
• Tax Exempt bonds
• State Low-Income Housing Tax Credit Program
• No Place Like Home
• Community Reinvestments Funds
• Permanent Local Housing Allocation (PLHA) from California State Department of Housing • Veteran Housing and Homeless Prevention Program
Local Resources
• San Bernardino County Continuum of Care
• Housing Authority of San Bernardino County (HACSB)
Private Resources
• Dignity Health
• San Manuel Band of Mission Indians
• San Bernardino Unified School District
• City of San Bernardino Successor Housing Agency
Per HUD regulations, ESG recipients must match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions, and funds from other local, state, and federal Packet Page. 142
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programs.
In addition, HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, when a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of match. The FY 2020-2021 match reductions are not available as of date of this writing. However, in FY 2020-2021, the City received a 100 percent match reduction due to severe fiscal distress. The City of San Bernardino will continue to leverage its HOME funds with other housing resources as required. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year.
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan With the dissolution of the redevelopment agency, successor agencies with real property assets are required to dispose of the properties pursuant to the City’s Long-Range Property Management Plan or Housing Asset Transfer (HAT) Plan. The Successor Agency has transferred all property listed on the Housing Asset Transfer list to the City as the Successor Housing Agency. The City will determine the development and/or disposition of these properties in the following months.
Discussion
The Housing Successor Agency has a disposition plan for the parcels and the City will retain some for economic development purposes, sell a number of the parcels and retain others for housing. The majority of the properties are single family parcels that the city intends to utilize for the construction of single-family ownership housing.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome
Indicator
1 Promote
Economic
Development
2020 2025 Economic
Development
CityWide Promote
Economic
Development
CDBG:
$1,038,302
Jobs
created/retained:
214 Jobs
Businesses
assisted: 20
Businesses
Assisted
2 Fair Housing 2020 2025 Non-Housing
Community
Development
CityWide Fair Housing CDBG:
$73,000
Public service
activities other
than
Low/Moderate
Income Housing
Benefit: 2700
Persons Assisted
3 Expand
Home
Ownership
2020 2025 Affordable
Housing
CityWide
LMI Areas
of the City
Expand
Home
Ownership
HOME:
$240,000
Homeowner
Housing Added: 8
Household
Housing Unit
4 New
Affordable
Rental
Housing
2020 2025 Affordable
Housing
LMI Areas
of the City
Provide
Homeless
and
Homeless
Prevention
Services
New
Affordable
Rental
Housing
HOME:
$817,136
Public service
activities for
Low/Moderate
Income Housing
Benefit: 140
Households
Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome
Indicator
5 Improve
Facilities and
Infrastructure
2020 2025 Non-Housing
Community
Development
CityWide Improve
Facilities and
Infrastructure
CDBG:
$2,335,057
Public Facility
or
Infrastructure
Activities
other than
Low/Moderate
Income
Housing
Benefit: 1500
Persons
Assisted
6 Provide
Homeless and
Homeless
Prevention
Services
2020 2025 Homeless CityWide Provide
Homeless and
Homeless
Prevention
Services
ESG:
$290,457
Public service
activities other
than
Low/Moderate
Income
Housing
Benefit: 612
Persons
Assisted
7 Planning and
Administration
2020 2025 Program
administration
funds
CityWide Planning and
Administration
CDBG:
$661,590
HOME:
$139,571
ESG:
$21,784
Other: 1 Other
Table 6 – Goals Summary
Goal Descriptions
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1 Goal Name Promote Economic Development
Goal
Description
Micro-Loan Program: To assist in providing direct loans and loan guarantees, establishing revolving loan and/or facilitating peer lending programs for the establishment, stabilization, and expansion of microenterprises.
Micro-Enterprise Program: To provide no-cost services to residents/business owners in the City of San Bernardino to help improve the likelihood of successful business launch, and growth of existing businesses.
Section 108 Loan Repayment: Debt service repayment for Arden Guthrie Project.
The project will create 214 jobs.
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2 Goal Name Fair Housing
Goal
Description
Eliminate identified impediments to fair housing through education, enforcement, and testing. Assist 2,700 households.
3 Goal Name Expand Home Ownership
Goal
Description
Infill Housing Project to create a total of four (4) new houses in the Eastpointe Community.
4 Goal Name New Affordable Rental Housing
Goal
Description
Seccombe Park: Create new affordable rental units
Arrowhead Grove: Start Phase 4 of mixed-income family apartments The City intends to use unprogrammed funds once an amendment has been made to this current Annual Action Plan per the public review comment (possible project would be construction of a 30 unit Permanent Supportive Housing (PSH) project for U.S. Veterans).
5 Goal Name Improve Facilities and Infrastructure
Goal
Description
Seven street improvements will be completed. The following streets improvements are: 532 Ramona Avenue (Ward 1); 2129 Wall Avenue (Ward 2); 938 N. G Street (Ward 2); 140 W. 13th Street (Ward 2); 2060 E. 18th Street (Ward 7); Grape Street (Walnut to Mill Street) (Ward 3); and Davidson Avenue (Baseline to 14th) (Ward-6).
Fencing will be placed around Seccombe Park located at 160 E. 5th Street. Estimated 1,500 persons assisted with these street improvements. 6 Goal Name Provide Homeless and Homeless Prevention Services Goal
Description
Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. 612 persons to be assisted.
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7 Goal Name Planning and Administration
Goal
Description
The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Consolidated Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds.
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Projects
AP-35 Projects – 91.220(d)
Introduction
With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund FY2021-2022 eligible projects in the following categories: promote economic development, fair housing, expand homeownership opportunities, new affordable rental housing, improve public facilities and infrastructure, provide supportive services to homeless individuals and those with special needs, and program planning and administration.
On April 16, 2025, the City Council amended this Annual Action Plan through a Substantial Amendment to increase HOME funding for an affordable housing project, Arrowhead Grove Phase 4 by adding $4,900,000 from prior years, unspent HOME funds from the for 2020-2021, 2021-2022, 2022-2023, and 2023-2024 Annual Action Plans. The project funding will change from $385,870 to $5,285,870 A public notice regarding this amendment was published in the English-language newspaper on March 17, 2025, and in the Spanish-language newspaper on March 13, 2025. A 30-day public comment period provided allowing public comments from March 17, 2025 to April 16, 2025. A public hearing was held by City Council on April 16, 2025.
Projects
# Project Name
1 Micro-Enterprise Program
2 Small Business Micro-Loan Program
3 Section 108 Repayment Program - Promote Economic Development 4 Street Improvements
5 Seccombe Park Fence Project
6 Fair Housing
7 Infill Housing Project
8 Eastpointe Community
9 Seccombe Park Housing Project
10 Arrowhead Grove - Phase 4
11 Homeless Services
12 Planning and Administration ÿ¢ÿ¿ÿ¿ CDBG, HOME, ESG 13 U.S. Vets New Affordable Housing Project
Table 7 - Project Information
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needs
These project and activity priorities have been identified by the community input received and based on the identified needs of the City. The primary obstacle in addressing the underserved needs is the insufficient resources to meet the ongoing needs of individuals, especially those with special needs such as individuals experiencing homelessness.
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AP-38 Project Summary
Project Summary Information
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Project Name Micro-Enterprise Program
Target Area CityWide
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $35,000
Description To provide no-cost services to residents/business owners in the City of San Bernardino to help improve the likelihood of successful business launch, and growth of existing businesses.
Target Date 6/30/2022
Estimate the number
and type of families
that will benefit from
the proposed activities
125 participants who either own their business or are potential business owners. There will be 5 cohorts with a total of 25 participants in each cohort.
Location Description Citywide - Available to all existing or potential business owners. Workshops are held at City Hall located at 201 North E Street, San Bernardino, CA and at the Mexican Consulate located at 293 North D Street, San Bernardino, CA.
1 Planned Activities The program will partner with the Small Business Administration to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development.
Project Name Small Business Micro-Loan Program
Target Area CityWide
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $230,979
Description To assist in providing direct loans and loan guarantees, establishing revolving loan and/or facilitating peer lending programs for the establishment, stabilization and expansion of microenterprises. 2 Target Date 6/30/2022
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Estimate the number and type of
families that will benefit from the
proposed activities
5 businesses will benefit from this proposed activity.
Location Description Citywide
Planned Activities This program focuses on the establishment, stabilization, and expansion of microenterprises within the City of San Bernardino.
Project Name Section 108 Repayment Program - Promote Economic Development
Target Area LMI Areas of the City
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $772,323
Description Section 108 Loan Repayment Program, which will create 214 jobs, in order to pursue physical and economic
revitalization that will provide jobs.
Target Date 6/30/2022
Estimate the number and type of
families that will benefit from the
proposed activities
214 individuals will benefit from this proposed activity.
Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the
City of San Bernardino.
3 Planned Activities The City has moved forward with the sale of the property and using Section 108 loan for the repayment of the Arden Guthrie Project.
Project Name Street Improvements
Target Area LMI Areas of the City
Goals Supported Improve Facilities and Infrastructure
Needs Addressed Improve Facilities and Infrastructure
Funding CDBG: $1,535,057
Description Seven (7) streets have been identified for sidewalk replacement and ADA accessibility improvements.
4 Target Date 6/30/2022
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Estimate the number and type of
families that will benefit from the
proposed activities
Area with an average income level of 30% to 50% of AMI
will benefit of the improvements made to these streets.
Location Description The City has proposed to fund the following seven (7) street improvements:
1. 532 Ramona Avenue – Ward 1
2. 2129 Wall Avenue – Ward 2
3. 938 N. G Street – Ward 2
4. 140 W. 13th Street – Ward 2
5. 2060 E. 18th Street – Ward 7
6. Grape Street (Walnut to Mill Street) – Ward 3
7. Davidson Avenue (Baseline to 14th) – Ward 6
Planned Activities Street improvements and ADA compliance.
Project Name Seccombe Park Fence Project
Target Area LMI Areas of the City
Goals Supported Improve Facilities and Infrastructure
Needs Addressed Improve Facilities and Infrastructure
Funding CDBG: $800,000
Description The fence will support a safe and healthy environment for the community in addition to the New affordable rental
units to be built in Seccombe Park.
Target Date 6/30/2022
Estimate the number and type of
families that will benefit from the
proposed activities
Area with an average income level of 30% to 50% of AMI
will benefit of the improvements made to the park.
Location Description Seccombe Park
160 E. 5th Street San Bernardino, CA
Census Tract: 58.00
5 Planned Activities Improvement of park by installing a fence.
Project Name Fair Housing 6
Target Area CityWide
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Goals Supported Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $73,000
Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing.
Target Date 6/30/2022
Estimate the number
and type of families that
will benefit from the
proposed activities
This program will benefit approximately 2,700 Low/Moderate Income Households/Tenants.
Location Description Citywide
Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws.
Project Name Infill Housing Project
Target Area CityWide
Goals Supported Expand Home Ownership
Needs Addressed Expand Home Ownership
Funding HOME: $25,000
Description Infill Housing Project construction of new houses Target Date 6/30/2022
Estimate the number
and type of families that
will benefit from the
proposed activities
The program will create 4 new houses
Location Description Citywide
7 Planned Activities Construction
Project Name Eastpointe Community 8
Target Area LMI Areas of the City
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Goals Supported Expand Home Ownership
Needs Addressed Expand Home Ownership
Funding HOME: $215,000
Description Add additional housing units to the
Eastpointe Community
Target Date 6/30/2022
Estimate the number and type of families that
will benefit from the proposed activities
Creation of 4 new housing units
Location Description 2205 Sunrise Ln. location in the 92404 neighborhood of San Bernardino
Planned Activities Construction
Project Name Seccombe Park Housing Project
Target Area LMI Areas of the City
Goals Supported New Affordable Rental Housing
Needs Addressed New Affordable Rental Housing
Funding HOME: $431,266
Description New affordable rental units in Seccombe
Park.
Target Date 6/30/2022
Estimate the number and type of families that
will benefit from the proposed activities
Assist approximately 100 households
assisted
Location Description 160 E 5th St, San Bernardino, CA 92415 9 Planned Activities Construction
Project Name Arrowhead Grove - Phase 4
Target Area LMI Areas of the City
Goals Supported New Affordable Rental Housing
Needs Addressed New Affordable Rental Housing
10 Funding HOME: $385,870 $5,285,870
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Description Phase 4 of the Arrowhead Grove Master Plan Community to build additional mixed-income family apartments
Target Date 6/30/2022
Estimate the number and
type of families that will
benefit from the proposed
activities
184 new affordable rental units will provide housing for mixedincome families.
Location Description 1151 N Crestview Ave, San Bernardino, CA 92410 Planned Activities Construction
Project Name Homeless Services
Target Area CityWide
Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding ESG: $344,903
Description Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs.
Target Date 6/30/2022
Estimate the number and
type of families that will
benefit from the proposed
activities
612 persons and/or families
• Lutheran Social Services: 200 persons to be assisted
• Mary’s Mercy Village: 100 persons to be assisted
• Step Up On Second: 156 persons to be assisted
• Salvation Army: 156 persons to be assisted
11 Location Description The following locations will benefit from ESG funding.
1. Lutheran Social Services - 813 N D St, San Bernardino, CA 92401
2. Mary’s Mercy Village – 641 N Roberds Avenue, San
Bernardino, CA 92411
3. Step Up on Second - 201 North E Street, San Bernardino, CA 92401
4. Salvation Army - 925 W. 10th Street, San Bernardino, 92411 Administration and Planning - 215 N D Street, San Bernardino, CA 92401
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Planned
Activities
The ESG Program will fund the following programs plus grant and project management.
1. Lutheran Social Services. Provide emergency shelter as a bridge to permanent housing, wraparound services to help homeless men 18 years and older to achieve self-sufficiency. Lutheran Social Services staff will be utilizing the HMIS system. Award $40,402 in ESG for Emergency Shelter and $13,771 for HMIS.
2. Mary’s Mercy Village. Provide housing relocation and stabilization to 100 homeless adult males in enrolled in the Mary’s Village program. Award $28,000 in ESG for Homeless Prevention; $43,800 in ESG for Rapid Re-Housing and $21,898 for HMIS.
3. Step Up On Second. Provide supportive services which begin with engagement and street outreach activities. Award $87,624 ($60,401 from PY 2021-2022 and $27,223 from PY 2020-2021) in ESG for Street Outreach.
4. Salvation Army. Provide Emergency Shelter for women and children. Award $87,624 ($60,401 from PY 2021-2022 and $27,223 from PY 2020-2021) in ESG.
Administration and Planning. $21,784 for FY 2021 ESG administration. TOTAL:
$344,903 ($290,457 PY 2021 Allocation & $54,446 PY 2020-2021 Reprogrammed Funds).
Project
Name
Planning and Administration ÿ¢ÿ¿ÿ¿ CDBG, HOME, ESG Target Area CityWide
Goals
Supported
Planning and Administration
Needs
Addressed
Planning and Administration
12 Funding CDBG: $661,590
HOME: $139,571
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Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME and ESG regulations. Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs.
Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds.
Target Date 6/30/2022
Estimate the number
and type of families
that will benefit from
the proposed
activities
N/A
Location Description Citywide
Planned Activities Grant and Project Management
Project Name U.S. Vets New Affordable Housing Project
Target Area
Goals Supported New Affordable Rental Housing
Needs Addressed New Affordable Rental Housing
Funding HOME: $469,000
Description The City, in partnership with the San Bernardino County Community Development and Housing Department (CDH), would entail the development of permanent supportive housing (PSH) or affordable housing. The project consists of 30 units of veteran PSH.
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
30 very-low to low income U.S. veterans will benefit from this project. 13 Location Description Location has not been determined. However, the project will take place within the City of San Bernardino. Once the location has been selected and approved, staff will notify HUD.
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Planned
Activities
Construction of a 30-unit Permanent Supportive Housing (PSH) project for verylow to low income U.S. Veterans.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will use its funding for FY 2021-2022 to fund a variety of housing, community development, economic development, and capital improvement projects. The majority of federal funds will be used to finance projects targeting low- to moderate-income individuals and families throughout the City.
CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income. The 2010 U.S.
Census identified approximately 68.9 percent of the City consisted of households with low or moderate incomes. A map of the Low / Moderate Income Target Areas is attached to this document. (Appendix A) The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2010 Census, approximately 60 percent of the population is of Hispanic Origin, 19 percent is Non-Hispanic, White, 14.2 percent is Black, 3.8 percent is Asian, and 2.9 percent is comprised of some “Other” race or ethnicity.
See attached maps in the Action Plan document as a reference to the geographic distribution.
Geographic Distribution
Target Area Percentage of Funds
CityWide 100
LMI Areas of the City 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The funding available under the 2021-2022 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2021-2022 Action Plan, the City established priority needs based on an in-depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low-income neighborhoods where residents have the greatest need for housing/services. The City will focus on low to moderate income neighborhoods where there is a greatest need in the parks, such as having the Packet Page. 162
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playground equipment replaced, because those are the areas of greatest need.
Discussion
As noted previously, the City does not allocate funds on a geographic basis, instead, funds are allocated to organizations that provide low-income households with housing and supportive services. On an annual basis, the City prioritizes the use of its CDBG funding for housing and community development activities, including preservation and conservation of affordable housing and activities that serve lowand moderate-income households.
Public improvements and public facilities are qualified as benefitting low- and moderate-income persons. Activities identified under the public service category and targeted to special needs populations are offered on a citywide basis and/or where resources can be coordinated with existing facilities or services.
The City of San Bernardino does not have any Neighborhood Revitalization Strategy Areas (NRSA) within its City’s boundaries.
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
As a reflection of the Housing Needs Assessment of the 2020-2024 Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities and 3) Provide Assistance to Renter Households.
Preserve and Rehabilitate Housing
Approximately 67 percent of both owner-occupied housing (18,125) and rental units (20,735) were built prior to 1980. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the afterrehabilitation value (Data Source: 2011-2015 ACS).
Expand Home Ownership Opportunities
There is a need for affordable housing in San Bernardino. The most prevalent housing problems within the City is cost burden and overcrowded conditions. San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI).
Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation, and medical care. Overcrowded conditions exist when more people are living within a single dwelling than there is space for, so that movement is restricted, privacy is compromised and levels of stress increase.
Low-moderate income (LMI) renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent).
Many of San Bernardino’s extremely low-income households (42 percent) are small families (four Packet Page. 164
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persons or less), which shows a need for smaller (one, two, or three bedroom) affordable housing units.
The City’s housing market has fluctuated greatly over the last ten years. During the 2000 Census, the median home value (MHV) in the City was $94,000; it then saw a steep increase during the housing boom of the 2000s, increasing 115 percent by 2009 to an MHV of $270,200. In 2000, the median income in the City was $31,140, which would have allowed an average household to purchase a home without becoming cost burdened (less than 30 percent of their income). In 2015, the median income in the City was $37,047, a 16 percent increase, with an MHV of $159,800, which would make most homeowners cost burdened.
Based on the 2015-2019 ACS, the median income would be sufficient for a renter to afford $1,059 in housing costs per month, which includes rent and utilities, and not be cost burdened; 37 percent of the City’s renter population pays $999 or less per month.
One Year Goals for the Number of Households to be Supported Homeless 600
Non-Homeless 349
Special-Needs 0
Total 949
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 600
The Production of New Units 349
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 949
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
Introduction continued:
Provide Assistance to Renter Households
The City has a significant inventory of publicly assisted rental housing affordable to low-income households. Eighteen affordable rental housing developments in the City offer income/rent restricted housing for approximately 2,205 very low-income households. A total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status. HACSB does not anticipate losing affordable housing units due to expiration of contracts in the next five years. These projects are Packet Page. 165
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technically considered at risk of converting to market-rate housing. However, most of these projects are non-profit owned senior housing which will receive priority for rental of subsidy contracts with HUD. Therefore, it is unlikely that the projects will convert to market-rate housing.
Nonetheless, the City will periodically reach out to owners of assisted projects to understand their intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring in order to extend the terms of affordability.
The City also will continue to work with qualified Community Housing Development Organizations (CHDO) to acquire and construct or rehabilitate multifamily housing as long-term affordable housing for lower-income households.
Discussion:
The table “One Year Goals for the Number of Households to be Supported” consists of 349 nonhomeless households to be supported. Four (4) for-sale housing units will be added in Eastpointe neighborhood (incomes will range from 50% to 80% of Area Median Income (AMI)). Also, new Infill Housing construction of four (4) for-sale single family homes citywide is planned (incomes will range from 50% to 80% of Area Median Income (AMI)). Additionally, 100 affordable rental units to be built at Seccombe Park.
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AP-60 Public Housing – 91.220(h)
Introduction
Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals.
The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB).
This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD).
In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents.
The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino.
Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following:
Monitor At-Risk Units
The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units.
Support and Assist Local Non-Profit Organizations
In order to develop or preserve the City’s affordable housing stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing.
Actions to encourage public housing residents to become more involved in management and participate in homeownership
Because the City does not own any public housing units, the City has not taken efforts to encourage public housing residents to become more involved in management and participate in homeownership.
However, the City collaborates with the Housing authority of the County of San Bernardino to encourage public housing residents to contribute and participate in the management and HACSB has a Packet Page. 167
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homeownership program for residents of public housing.
As for homeownership opportunities, the City has initiated an Infill Housing Program that will acquire distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually, it has a moving to work designation which is a designation that a limited number of PHAs across the country have.
Discussion
There is no discussion relative to the designation of the county PHA.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
According to the San Bernardino County 2020 Homeless PIT Count, there were 1,056 homeless persons in the City. A total of 183 individuals were sheltered, 50 in transitional housing, and 823 were unsheltered. To address this issue, the City will allocate approximately $290,457 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement.
The City is continuing its contract in FY 2021-2022 with Step Up On Second, with the goal of reaching 156 homeless persons through street outreach, providing social service referrals to those persons and facilitating the placement of 13 homeless persons into permanent housing.
Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. LSSSC has submitted plans to the City for a preliminary review of a new men’s shelter with a 75-bed capacity.
Utilizing ESG funding, Mary’s Mercy will be providing assistance for up to 100 homeless persons by offering housing relocation and stabilization services. Each individual will undergo a robust assessment battery at program intake using a fourth-generation actuarial-based evidence-derived assessment tool.
Mary’s Mercy Center proposes to support those individuals with moving costs, rent application fees, security deposits, last-month’s rent, and utility deposits.
The City has partnered with Step Up on Second to provide street outreach services to 156 homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to Packet Page. 169
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appointments and placement in permanent housing. To date, in FY 2019-2020, Step Up has housed 13 individuals and provided linkage to services to 78 persons.
The City will also be working with the Salvation Army to provide emergency shelter for 156 persons, focusing on women and women with children. The Salvation Army San Bernardino Hospitality House operates several programs within its 21-room facility. Currently there are 17 units/rooms of transitional housing for families, three units/rooms set-aside for emergency shelter for families and one room with six beds for single females experiencing homelessness. Total residential capacity is 75 beds but is often over capacity due to cribs and family size.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness.
Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health.
San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, Packet Page. 170
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foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness.
Discussion
In 2018, the City declared a shelter crisis which allowed agencies to apply for the State’s Homeless Emergency Aid Program (HEAP) funding. Four agencies serving homeless persons in the City of San Bernardino received $2.1 million in HEAP funds that can be used over four years. The CoC’s coordinated entry system provides a single point of entry for people who are homeless to be screened and assessed for a range of CoC and City funded homeless programs, including emergency shelters, transitional housing, permanent supportive housing, and rapid rehousing services. All contracted service providers report outcomes based on the countywide outcome standards developed by the County Office of Homeless Services, in order to inform future adjustments to the service system.
In FY 18-19, the City facilitated the purchase of two (2) multi-family properties by Foothill Aides Project. In FY 19-20 those properties were rehabilitated and leased to low-income persons with HIV/Aids.
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following:
Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding were the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects.
Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing.
Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City.
Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences.
Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed singlefamily homes and poorly maintained multifamily complexes.
State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) Packet Page. 172
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expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing:
1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot Consolidation.
2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law.
3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2.
4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects.
5. The City will update its General Plan.
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Discussion:
To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households.
For FY 2021-2022, the City will continue to fund its Infill Housing Program and its Owner-Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single-family units owned by low and moderate-income households.
Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households.
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AP-85 Other Actions – 91.220(k)
Introduction:
Priority Needs established in the FY 2020-2024 Five-Year Consolidated Plan, which forms the basis for establishing objectives and outcomes in the FY 2021-2022 One-Year Action Plan, are as follows:
High Priority
• Preserve and Rehabilitate Housing
• Expand Homeownership Opportunities
• Provide Homeless and Homeless Prevention Services
• Promote Economic Development and Employment Opportunities for low- and moderate-income persons/micro-enterprises
Low Priority
• New Affordable Rental Housing
• Improve and Expand existing Community Facilities and Infrastructure to meet current and future needs
• Eliminate identified impediments to fair housing through education, enforcement, and testing • Planning and Administration – CDBG, HOME, ESG
• New Affordable Housing Construction or Rehabilitation • Expand Homeownership opportunities – Infill Housing
• First-Time Homeownership – CHDO 15% set-aside
Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development to It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds.
The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for Packet Page. 175
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seniors and lower-income households.
Actions planned to foster and maintain affordable housing The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner-Occupied Rehabilitation Loan Program. The City will continue this program using re-programmed funds from the previous year’s allocation.
Actions planned to reduce lead-based paint hazards
To reduce lead-based paint hazards, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner-Occupied Residential Rehabilitation Program will be tested for lead based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35.
Actions planned to reduce the number of poverty-level families For FY 2021-2022, the City will support:
• An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate-income households • Micro Enterprise Program that will provide no-cost services to residents/business owners in the City of San Bernardino to help improve the likelihood of a successful business launch, and growth of existing mico-businesses.
• Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families.
• The improvement of streets, along with the Infill Housing that will be taking place. These improvements will have a greater impact in the neighborhoods. • The efforts of HACSB, who provides rental assistance and conventional housing to low-income households.
• The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. • The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness. • The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who Packet Page. 176
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are at imminent risk of becoming homeless with problem solving support to retain current housing or to locate another housing placement.
Actions planned to develop institutional structure
During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e. CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing.
Actions planned to enhance coordination between public and private housing and social service agencies
During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development.
Discussion:
The implementation of the FY 2021-2022 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
In the implementation of programs and activities under the 2021-2022 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.00% HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is Packet Page. 178
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as follows:
The City does not anticipate using other forms of investment beyond those identified in Section
92.205.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254:
(a) If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. (b) If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent:
(2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount.
(c) In no event shall City’s recovery exceed the amount of the Net Proceeds.
The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property.
In its homeownership and single-family rehabilitation programs the City utilizes the homeownership Packet Page. 179
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limits for the San Bernardino Metropolitan/FMR Area provided by HUD.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows:
Amount of HOME Subsidy Period of Affordability
Less than $15,000 5 years
$15,000 to $40,000 10 years
More than $40,000 15 years
The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property.
In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single-family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs.
The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants Packet Page. 180
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expire and new NOFAs and RPS are released.
Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)
1. Include written standards for providing ESG assistance (may include as attachment) See Attachment under Admin - IDIS (AD-26).
2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system.
The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low cost health and human service providers.
211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org.
Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness.
3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations).
The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness.
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The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered.
Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2021-2022 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval.
4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.
The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City.
The ICH is charged with directing, coordinating, and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy Packet Page. 182
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recommendations.
As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and subrecipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG.
5. Describe performance standards for evaluating ESG.
ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities.
ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance.
Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing.
All subrecipient providers should meet or exceed project quality goals established by HUD and CoC Packet Page. 183
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guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons.
N/A
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PUBLIC HEARING
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
Gabriel Elliott, Director of Community Development and Housing Department: Community Development & Housing
Subject: Proposed Substantial Amendment to Fiscal Year 2021- 2022 and 2024-2025 Annual Action Plans and Community
Development Block Grant Citizen Participation Plan (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of The City of San Bernardino, California:
1. Conduct a Public Hearing to obtain citizens’ comments on the proposed Substantial Amendments to:
A. Fiscal Year 2021-2022 Annual Action Plan allocating Fiscal Years 2020-2021, 2021–2022, 2022-2023, and 2023-2024 HOME Investment Partnerships Program funds to Arrowhead Grove (Phase 4). Project funding will increase from $385,870 to $4,900,00; and
B. Fiscal Year 2024-2025 Annual Action Plan allocating the remaining Fiscal Years 2020-2021, 2021–2022, 2022-2023, and 2023-2024 HOME Investment Partnerships Program funds to Jamboree Housing Corporation for an affordable housing development. Project funding will increase from $124,187 to $2,003,178.80.
C. Fiscal Year 2024-2025 Annual Action Plan allocating Community Development Block Grant Program funds. The amendment specifically identifies four (4) Public Works projects with details to which funds were previously allocated.
D. The Community Development Block Grant Citizen Participation Plan.
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2. Approve the draft Substantial Amendments to the Fiscal Years 2021-2022 and 2024- 2025 Annual Action Plans for the Community Development Block Grants and HOME Investment Partnership-funded projects; and
3. Adopt Resolution 2025-XX, Substantial Amendments to the Fiscal Years 2021-2022 and 2024-25 Annual Action Plans for the Community Development Block Grants and HOME Investment Partnerships Program-funded projects to increase funding to the Arrowhead Grove Phase 4 and Jamboree Project from unspent funds; and
4. Approve the proposed substantial amendments to the Community Development Block Grant Citizen Participation Plan.
5. Authorize The City Manager or designee to take any further actions and execute any further agreements or documents, as necessary, to effectuate the submittal of the proposed Substantial Amendments to the Fiscal Year 2021-2022 and 2024-2025 Annual Action Plan.
Executive Summary
City Staff is requesting a Public Hearing to solicit public comments on the proposed Substantial Amendment to the Community Development Block Grant Citizen Participation Plan and the Fiscal Year (FY) 2021-2022 and 2024-2025 Annual Action Plans (AAP) for the City’s Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME). Specifically;
• FY2021-2022 AAP to increase funding for Arrowhead Grove Phase 4 to $4,900,000.
• FY2024-2025 AAP to allocate HOME funds to Jamboree Housing Corporation for affordable housing development.
• FY2024-2025 AAP will incorporate project details for four (4) Public Works projects.
Background
The City of San Bernardino (City) receives CDBG, HOME Investment Partnership Program (HOME) and Emergency Solutions Grant (ESG) funds from the United States Department of Housing and Urban Development (HUD). The funds are available to provide decent housing, suitable living environments, and expanded economic opportunities, principally for low and moderate-income people. Each year, the City prepares an AAP, which describes how it will spend its Federal CDBG, HOME, and ESG funds that it expects to receive from HUD.
In accordance with HUD regulations, the City is required to develop and implement an Annual Action Plan as part of its Consolidated Plan. The Annual Action Plan outlines specific projects and activities funded through HUD programs. Periodically, adjustments to the plan are necessary to address evolving community needs, funding availability, and program priorities. When a proposed change meets the criteria for a Substantial Amendment — such as significant reallocation of funds, changes in project scope, or the Packet Page. 239
addition of new activities — the City must amend the Annual Action Plan and follow public participation requirements.
On June 2, 2021, the Mayor and City Council approved FY2021-2022 AAP, allocating $385,870 to Arrowhead Grove Phase 4.
On May 15, 2024, the Mayor and City Council approved FY2024-2025 AAP, allocating $1,309,341 in CDBG to Public Works Depatment. Of this, $750,000 was allocated for CDBG-eligible activities for City public facilities and park improvements (e.g., Encanto Park, Gutierez Park, and Ruben Campos Community Center). Additionally, $124,187 in HOME funds were allocated to affordable housing projects.
As part of the amendment process, the City conducted community outreach and provided opportunities for public comment in accordance with its Citizen Participation Plan. To meet these requirements, the City issued a public notice in English and Spanish on 3/13/2025 and posted the notice on the City’s website. The notice provided details on the proposed Substantial Amendment, the availability of the draft document for public review, and instructions for submitting comments. A 30-day public comment period was held from 3/17/2025 to 4/15/2025 in compliance with HUD’s public participation guidelines, and all comments have been incorporated into the Substantial Amendment.
Discussion
This Substantial Amendment proposes modifications to the City’s FY2021/2022 and FY2024/2025 AAP for the City’s CDBG and HOME program allocations, and the CDBG Citizen Participation Plan.
CDBG
The total allocation of $1,309,341 CDBG funds to Public Works allowed flexibility in evaluating each location and designating funds for necessary improvements. City Council’s approval of recommendations for funding CDBG projects included increasing the Public Works allocation by $900,000 to allow for CDBG-eligible activities with City public facilities and four (4) infrastructure improvements: 1) Encanto Park, 2) Gutierrez Park, 3) Ruben Campos Community Center and 4) Hillside Street Improvements).
However, the four infrastructure projects were not specifically named in the FY2024-2025 AAP Project Summary, nor was the scope of work provided. This is because the Council directed the funding for these infrastructure improvements during the approval of the FY2024-2025 AAP, which was prior to the development of any scope of work; as a result, the strategy was an attempt to provide additional flexibility and reduce the number of substantial amendments if the actual funding needed for each project differed from what Council approved after developing the scope of work for each project. HUD approved the Annual Action Plan when it was submitted; however, they are now requesting this information to be provided. This Substantial Amendment seeks to add the names of the four public works projects.
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HOME
The Substantial Amendment seeks to reallocate prior years' unspent HOME funds from FY2020-2021 through FY2024/2025 AAPs to two affordable housing projects: Jamboree and Arrowhead Grove Phase 4.
The HOME allocation can be used for City administrative costs, such as staff salaries and supplies, but is capped at 10% in any given program year. The unspent administrative funds are now being programmed for affordable housing projects.
FY2020/2021
• The Seccombe Park Housing Project is on hold pending the relocation of the existing park.
• Homekey Motel Conversion to Permanent Supportive Housing (The City never applied for nor received Homekey funds in-FY 2020-2021).
Approved Action Plan By FY
FY 2020/21 PROGRAMS Original AP
Balance
Remaining
Substantial
Amendment
Affordable Rental Housing Project $ 500,000.00 $ 500,000.00 $ (500,000.00) Infill Housing* $ 700,000.00 $ 375,000.00
Seccombe Park Housing Project $ 740,100.00 $ 740,100.00 $ (740,100.00) Homekey Motel Conversion to Permanent Supportive Housing $ 1,300,000.00 $ 1,300,000.00 $ (1,300,000.00) Home Single Family Rehab $ 449,550.00 $ 18,235.96 $ (18,235.96) FY 2020/21 PROGRAMS $ 3,874,857.90 $ 2,933,335.96 $ (2,558,335.96) FY 2021/22 PROGRAMS
HOME Administration $ 139,570.70 $ 139,570.70 $ (139,570.70) Infill Housing* $ 25,000.00 $ - $ -
Seccombe Park Housing Project $ 431,266.00 $ 431,266.00 $ (431,266.00) Eastpointe Intentional Housing - Homeow nership $ 214,000.00 $ 214,000.00 $ (214,000.00) Arrow head Grove Phase 4 $ 385,870.00 $ 385,870.00
U.S. Vets New Affordable Housing3 $ 470,000.00 $ 470,000.00 $ (470,000.00) FY 2021/22 PROGRAMS $ 1,665,706.70 $ 1,640,706.70 $ (1,254,836.70) FY 2022/23 PROGRAMS
HOME Administration $ 156,952.00 $ - $ -
Affordable Rental Housing Project (New Construction or Rehab) $ 675,568.00 $ 675,568.00 $ (675,568.00) Infill Housing* $ 937,000.00 $ 937,000.00 $ (568,000.00) FY 2022/23 PROGRAMS $ 1,769,520.00 $ 1,612,568.00 $ (1,243,568.00) FY 2023/24 PROGRAMS
HOME Administration $ 146,093.60 $ 21,539.14 $ (21,539.14) Placeholder $ 1,314,842.00 $ 1,314,842.00 $ (1,314,842.00) FY 2023/24 PROGRAMS $ 1,460,935.60 $ 1,336,381.14 $ (1,336,381.14) FY 2024/25 PROGRAMS
HOME Administration $ 116,021.00 $ 116,021.00
Affordable Housing Projects $ 124,187.00 $ 124,187.00
NPHS - OORP* $ 920,000.00 $ 920,000.00
FY 2024/25 PROGRAMS $ 1,160,208.00 $ 1,160,208.00 $ -
TOTAL PENDING PROGRAMS/PROJECTS $ 8,683,199.80 $ (6,393,121.80) *Project underw ay funds not reallocated.
Arrow head Grove Phase IV $ 4,900,000.00
Jamboree 5th & Merdian $ 1,493,121.80
$ 6,393,121.80
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• Single-family rehabilitation has a remaining balance.
FY2021/2022
• The Seccombe Park Housing Project is on hold pending the relocation of the existing park.
• For Eastpoint Intentional Housing (Homeownership), the developer was unable to secure the funding necessary to demonstrate the project's financial viability. • U.S. Vets Affordable Housing, the project will utilize Permanent Local Housing Allocation (PLHA) funds and Low-Moderate Housing funds.
FY2022/2023 to FY2024/2025
• The Affordable Rental Housing Project placeholder allocations are being utilized for Arrowhead Grove Phase 4 and the Jamboree Housing Corporation project.
The Housing staff will return to the Council to request approval of the HOME regulatory and loan agreements.
Citizen Participation Plan
As part of the amendment process, the City conducted community outreach and provided opportunities for public comment in accordance with its Citizen Participation Plan (CPP).
The CPP was last updated in 2019. The proposed changes align with the City's strategic goals of promoting affordable housing, enhancing public infrastructure, and improving social services for vulnerable populations.
Updates to the CPP ensure that the public has a meaningful role in shaping how the CDBG funds are used. The requirements include the following key elements:
1. Public Notice & Access to Information
2. Public Hearings & Meetings
3. Public Comment Periods
4. Substantial Amendments
5. Accommodations & Inclusivity
6. Citizen Complaints
Approval of this amendment will allow the City to optimize the use of HUD funding and ensure that resources are effectively directed to meet the most pressing community needs.
Fiscal Impact
There is no General Fund impact associated with this Substantial Amendment.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
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1. Conduct a Public Hearing to obtain citizens’ comments on the proposed Substantial Amendments to:
A. Fiscal Year 2021-2022 Annual Action Plan allocating Fiscal Years 2020- 2021, 2021–2022, 2022-2023, and 2023-2024 HOME Investment Partnerships Program funds to Arrowhead Grove (Phase 4) to $4,900,000.
Project funding will increase from $385,870 to $4,900,00; and B. Fiscal Year 2024-2025 Annual Action Plan allocating the remaining Fiscal Years 2020-2021, 2021–2022, 2022-2023, and 2023-2024 HOME Investment Partnerships Program funds to Jamboree Housing Corporation for an affordable housing development. Project funding will increase from $124,187 to $2,003,178.80.
C. Fiscal Year 2024-2025 Annual Action Plan allocating Community Development Block Grant Program funds. The amendment specifically identifies four (4) Public Works projects with details to which funds were previously allocated.
D. The Community Development Block Grant Citizen Participation Plan
2. Approve the draft Substantial Amendments to the Fiscal Years 2021-2022 and 2024- 25 Annual Action Plans for the Community Development Block Grants and HOME Investment Partnership-funded projects; and
3. Adopt Resolution 2025-XX, Substantial Amendments to the Fiscal Years 2021-2022 and 2024-25 Annual Action Plans for the Community Development Block Grants and HOME Investment Partnership-funded projects; and
4. Approve the proposed updates to the Community Development Block Grant Citizen Participation Plan.
5. Authorize The City Manager or designee to take any further actions and execute any further agreements or documents, as necessary, to effectuate the submittal of the proposed Substantial Amendments to the Fiscal Year 2021-2022 t and 2024- 2025Annual Action Plan.
Attachments
Attachment 1 2021-2022 Annual Action Plan
Attachment 2 2024-2025 Annual Action Plan
Attachment 3 Proposed Citizen Participation Plan
Attachment 4 30-Day Public Comment and Public Hearing Notice Attachment 5 Resolution 2025 - XXXX
Synopsis of Previous Council Actions
June 2, 2021 City Council approved the Fiscal Year 2021-2022 Annual Action Plan.
May 15, 2024 City Council adopts the Fiscal Year 2024-2025 Annual Action Plan.
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1 CITIZEN PARTICIPATION PLAN
Updated as of
March 13, 2025
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2 CITIZEN PARTICIPATION PLAN
I. Introduction and Overview
Introduction
As a recipient of federal funds through the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG), the City of San Bernardino is required to have an adopted Citizen Participation Plan, which contains the City’s policies and practices for public engagement and public involvement in the Consolidated Plan process. The Consolidated Plan, and Analysis of Impediments to Fair Housing Choice Report (AI) operate on a five-year cycle, while the Annual Action Plan and Consolidated Annual Performance and Evaluation Report (CAPER) are on an annual cycle for each of the five years of the Plan. The Plans are adopted locally by the City and must be available to the public.
Purpose
The purpose of the Citizen Participation Plan is to provide the method and process by which the City of San Bernardino (City) Consolidated Plan, Annual Action Plan, CAPER, and AI Report processes will comply with the citizen participation requirements promulgated by the U.S. Department of Housing and Urban Development (HUD) pursuant to Section 104(a)(3) of the Housing and Community Development Act of 1974, as amended, and as further augmented by program regulations under 24CFR Part 91.105 (rev.3/14/2016). Through implementation of this Citizen Participation Plan, citizens will be afforded the maximum feasible opportunity
• to provide input on housing and community development needs, • to provide input on issues and problems affecting very-low and low-income persons • to learn about the Community Development Block Grant Program (CDBG), HOME Investment Partnerships (HOME) Program, and Emergency Solutions Grant (ESG) Program,
• to provide input on the AI Report and any other applicable programs for which the City may apply for and their expected amount of assistance to be received from each to develop local project proposals
• to provide input to project selections and funding distributions • to participate in the implementation of funded activities.
Policy Statement
The law declares that the primary purpose of the programs covered by this Citizen Participation Plan is to improve communities by providing decent housing, a suitable living environment, mitigating homelessness, and growing economic opportunity principally for low to moderate income persons. It is the policy of the City of San Bernardino to provide Packet Page. 246
3 for, and encourage, public participation, with emphasis on involvement by low to moderate income persons and stakeholders, especially in low to moderate income neighborhoods with high housing and community development needs.
The Consolidated Plan Process
The policies and practices in this Citizen Participation Plan related directly to the stages of action required in the Consolidated Planning process. In general, as an overview, these stages are as follows:
• Collection of demographic and other data in order to identify housing and community development needs.
• Community engagement, including survey, consultation, and other methods, with the public, stakeholders, and other organizations during the formation of the Consolidated Plan and Annual Action Plan.
• Preparation of a draft Strategic Plan (for the Five-Year Plan), preparation of a draft use of funds in the case of the Annual Action Plan, preparation of a draft AI (on a five-year cycle), and the annual preparation of CAPER. All drafts will be available for public comment prior to finalizing each document.
• Formal approval by elected officials of required plans and documents. • During the course of a program year, it might be necessary to change the use or funding amounts of projects, priorities, funding already budgeted. In accordance with this Plan, when City staff determine that the change reaches the threshold of a “Substantial Amendment,” a formal Substantial Amendment process will be held, including public engagement and adoption in conformance with this Plan.
Overview of the Public Engagement Process
When bringing forward required Consolidated Plans, Annual Action Plans, AI Reports, CAPERS, or Substantial Amendments, Information made available to the public will include relevant information so that the public can give informed comments. This may include items such as - the amount of Community Planning and Development grant funds the City expects to receive (including program income), the range of activities to be undertaken, and the anticipated number of low- and moderate-income persons to benefit from funded activities.
Information will include the steps the City will take to eliminate the need for displacement of persons. If displacement occurs due to any planned actions, the City will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (and implementing regulations in 49 CFR Part 24).
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4 As outlined in the section below, a notice describing the contents and purpose of the Consolidated Plan, Annual Action Plan, AI Report, CAPER, or Substantial Amendment will be published in one or more newspapers of general circulation. To the extent feasible, draft documents will be posted on the City’s website (http://www.ci.sanbernardino.ca.us/) and a reasonable number of printed copies will be made available for review at the following locations:
• Office of the Clerk
• Norman F. Feldheym Central Library
• Community Development and Housing Department
Public Hearings. The number, type, and scope of hearings the City will undertake are outlined in the following sections. The City will consider all comments received from residents, stakeholders, and other interested parties as it prepares the final documents that are subject to this Citizen Participation Plan.
Public Comments Received. A summary of public comments will be included with the final submission. The summary of public comments will include a synopsis of comments, along with the City’s response to written public comments, and an explanation of public comments not accepted, including the reasons why these comments were not accepted.
II. Objectives and Standards for Citizen Participation
Primary Objectives of the Citizen Participation Plan
A summary of the primary objectives of the Participation Plan is provided below:
• Ensure citizens are informed of the amount of funds (including anticipated program income, as applicable) available under the Consolidated Plan, the range of activities that may be undertaken, and the various program requirements. • Provide citizens with adequate opportunities to participate in the development of the Consolidated Plan and related Plans and any required changes, revisions, or amendments to the plan.
• Provide citizens with adequate opportunities to participate in the development of the AI Report and any required changes, revisions, or amendments to the plan. • Provide technical assistance to citizens in developing specific proposals for funding consideration.
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5 • Provide an ongoing process for citizens likely to be affected by program activities to articulate need, express preferences about proposed activities, assist in selecting priorities, and participate in the overall development of the Consolidated Plan, Annual Action Plan, and the AI Report.
• Provide a process through which citizens may participate in the monitoring and evaluation of community development and housing activities. • Provide a process whereby citizens may comment with respect to any aspect of the City’s housing and community development performance and be assured that written comments will be considered and responded to in accordance with federal regulations.
Standards of Participation
All aspects of the City’s citizen participation efforts shall be conducted in an open manner with freedom of access to all interested parties. The City encourages the involvement of all groups, including low and very low-income persons and protected classes, those living in blighted areas, and in areas where CDBG and HOME funds are proposed to be used.
These standards of participation extend to non-English speaking persons, as well as persons with mobility, visual or hearing impairments, members of minority groups, the elderly, the disabled, the business community, civic groups, and the community at large.
This plan is not intended to exclude any individual citizen input, but rather to enhance citizen participation in this process. All citizens of the City are encouraged to participate in every public meeting and to contact the Community Development and Housing Department with any questions concerning the process and the programs pertaining to the Consolidated Plan, Annual Action Plan, and the AI Report, including the CDBG, HOME, and ESG Programs or any other applicable future programs that are funded by HUD.
Technical Assistance
To help facilitate citizen input, the City will provide technical assistance through its staff to groups representative of low, very low, and extremely low-income residents and protected classes, which may require such assistance in developing proposals for federal funding as required by federal regulations. Technical assistance may be provided by telephone, meetings, U.S. mail, and workshops.
III. Public Information, Outreach, Hearings, and Complaints Scope of Public Participation in CDBG, ESG, and HOME Programs Packet Page. 249
6 As stated in the earlier section on Overview of Public Participation, the City provides several types of citizen participation throughout the entire cycle of the Consolidated Plan program year. Types of engagement can include community meetings (either in person or virtual), community surveys (including online surveys), publicized public comment periods, and public hearings before the City Council prior to, or at time of, adoption. Participation will also be sought by stakeholders and other governmental and nonprofit entities, as outlined in the next section on Outreach.
Public Information
In order for citizens to become informed and involved in the Consolidated Plan, Annual Action Plan, and the AI Report processes, the City will make available all relevant information, including the following:
• Material concerning the amount of funds available for proposed community development and housing activities and the range of activities that may be taken including the amount that will benefit the persons of low and very low income and protected classes; • Applicable regulations and guidelines governing all aspects of the programs; • Prior applications, final statements and amendments, grant agreements, grantee performance reports, citizen participation plan and any other reports required by the HUD;
• Documents regarding other important program requirements such as contracting procedures, environmental policies, fair housing and other equal opportunity requirements and relocation provisions;
• Mailings, notices, and any other promotional materials; Minutes of meetings and hearings;
• Any other document the City believes is necessary to the consolidated planning, Annual Action Planning and AI Report processes.
A summary of the proposed Consolidated Plan, Annual Action, and AI Report (as applicable) will be published in one or more newspapers of general circulation and/or published to the City’s website. The summary will include: overview of contents and purpose of the Plans and a list of locations where copies of the plans may be examined.
Copies of the entire proposed plans will be available to the public at the following locations:
• Office of the City Clerk
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7 • Norman F. Feldheym Central Library
• Community Development Housing Department; and
• City’s website. (http://www.ci.san- bernardino.ca.us/) Except in cases of declared national disaster or civic emergency, where other rules may govern, the Notice will provide for a period of no less than 15 days to receive comments from citizens on draft Consolidated Plans, Annual Action Plans, Fair Housing Plans, and any Substantial Amendments to said plans.
Outreach to Stakeholders and Agencies
To reach as many citizens and stakeholders as possible in the preparation and implementation of the Consolidated and allied Plans, the City shall consult with other public and private agencies and jurisdictions that provide assisted housing, health, and social services during the preparation of the Plans.
The City will conduct direct outreach and create one or more ads/press releases or public notices designed to encourage citizens and stakeholders to participate and provide input in the development of the Plans.
At its discretion, the City, in addition to publishing its application and application process, may also hold a technical assistance workshop in order to assist interested parties in the development of proposals for grant funding. Notice of such workshop may be announced through various means, as determined by the City, including on the City’s website, to a list of interested agencies, by direct invitation, by publication with the application, or other public notice. For additional information on assistance, see the section on Technical Assistance.
Public Meetings and Public Hearings, Reasonable Accommodation The City will conduct public meetings and public hearings during various phases of the Consolidated Plan. Public meetings and hearings shall be held jointly with the preparation of the AI Report. All public meetings and public hearings shall be open to the public.
Public Hearings are held to consider accomplishments and needs, obtain the citizen public’s input, and respond to proposals and questions. Together the hearings must address housing and community development needs, development of proposed activities, proposed strategies and actions for the AI Report and a review of program performance.
Both the public and stakeholder engagement and public hearing to consider adoption of the AI Report may be held concurrently with the Consolidated Plan.
Meetings will be held at times and at locations in the City that are convenient and acceptable to potential and actual beneficiaries. Special accommodation shall be made for persons with disabilities upon advance notice and as necessary in accordance with the City’s access policy.
In cases where a significant number of non-English speaking residents are reasonably expected to participate, an interpreter will be provided by the City upon advance notice and as necessary.
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8 During any one fiscal program year, the City shall conduct a minimum of two (2) public hearings. During a Consolidated Plan/AI Report process, one one public hearing will be held to approve Consolidated plan and the Annual Action Plan, pursuant to 24 CFR 91.105.
The City shall conduct a public hearing for each substantial amendment to the Consolidated Plan, Annual Action Plan, or revision of the AI Report. At least 15 days prior to each public hearing, a legal notice shall be published in one (1) or more newspapers of general circulation within a reasonable time limit and/or on the City’s website, as allowed by law. The legal notice shall contain the following information:
• Date of Hearing
• Time of Hearing
• Place of Hearing
• Topic(s) to be considered
• Basic summary information and location of documents for review Public Comment Periods
The Consolidated Plan, Annual Action Plan, AI Report, Substantial Amendments, and substantial amendments to this Citizen Participation Plan are all subject to a public 30-day comment period.
San Bernardino City residents will have the opportunity to review and comment on these draft versions for a period of no less than 30 days prior to submission of the final document to the U.S. Department of Housing and Urban Development (HUD) will be available to the public for review at the locations listed above. The CAPER report is subject to a 15-day public review period.
Report display locations are accessible to persons with physical disabilities; however, if a disability would further limit a person’s ability to review the plan at one of the listed locations, upon request, the City will attempt to make a reasonable accommodation and make the plan (or amendment) available in an appropriate format upon reasonable notice in accordance with the City’s accessibility policy.
Complaints
The City will make every reasonable effort to provide written responses to complaints within fifteen (15) working days. A copy of each written citizen comment or complaint regarding the Consolidated Plan, Annual Action Plan, and AI Report along with the City’s assessment of the comment or complaint and a description of any action taken or written response made will be kept on file as a matter of public records.
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9 IV. Substantial Amendments and Disaster Declaration
Criteria for Substantial Amendments to the Consolidated Plan, Annual Action Plans, and AI Report
The City will substantially amend its approved Consolidated Plan, Annual Action Plan(s) or AI Report whenever it makes any of the following decisions:
• To change its Consolidated Plan funding priorities or the method of fund distribution. • To revise an accepted AI Report - due to a change in circumstances that affects the AI Report to the extent that it no longer reflects actual circumstances; due to written notification by HUD specifying a material change that requires the revision (24 CFR
5.164).
• To carry out a new activity, using funds from any program covered by the Consolidated Plan (including program income), not previously described in the Action Plan. • To substantially change the purpose, scope, location, or beneficiaries of an activity as well as any activity whose funding allocation is increased by more than 50% will constitute a substantial amendment. NOTE: Minor changes in scope and location which do not alter the intent of the previously approved project will not require a substantial amendment. For example, transfer of funds within a line item budget for a single activity may be administratively approved by the City Manager, Director of Community and Economic Development, or designee, if the purpose and intent of the project continues to be met. In another example, a capital improvement project, such as a street improvement project in a low-income eligible target area, may potentially broaden its scope by amending locations, or adding or extending additional street improvements within the same general location due to unforeseen circumstances.)
• Any substantial changes to the Consolidated Plan, Annual Action Plan, or AI Report are subject to the citizen participation process as described in this Citizen Participation Plan.
Administrative updates and changes to the Consolidated Plan and Annual Action Plan that do not meet the criteria for substantial amendments and do not require citizen participation are defined as administrative updates. Examples of administrative updates include grammatical or structural edits that clarify already adopted actions or which do not substantially change the scope or meaning of activity; and changes in the coding or eligibility determination of a project that does not change the scope, location, or beneficiaries.
Disaster/Emergency Events
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10 Disaster/emergency events may require expedited substantial amendments and may be necessary to expedite substantial amendments to the Consolidated Plan in the event of a declared disaster or emergency. There are three types of disasters/emergency events that may necessitate an expedited substantial amendment including:
• (Man-Made-disasters: Man-made disasters can include chemical spills, mass rioting, power outages, dam failure, plant explosions, etc.
• Natural disasters: Natural disasters can include earthquakes, tsunamis, hurricanes, tornadoes, wildfires, flooding and public health issues such as wide-spread disease or the possibility of widespread contagion and disease.
• Terrorism: Terrorism events include bomb threats, biochemical attacks like the spread of anthrax, or cyber-attacks like hacking, phishing, and virus distribution, etc.
In the event of a disaster meeting the above criteria, the federal and state governments may issue additional guidance on how to continue public participation in such cases in order to be able to continue to conduct business and to be able to meet the need for public engagement and information dissemination in a safe and effective manner. Such regulation changes will result in amendments, as needed and directed, by the agencies in charge.
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Resolution No. 2025-273
Resolution No. 2025-273
April 16, 2025
RESOLUTION NO. 2025-273
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING SUBSTANTIAL AMENDMENTS TO FISCAL
YEARS 2021 - 2022 AND FY 2024 - 2025 ANNUAL ACTION
PLANS AND COMMUNITY DEVELOPMENT BLOCK
GRANT CITIZEN PARTICIPATION PLAN
WHEREAS, the FY 2021–2022 Annual Action Plan was adopted on June 2, 2021, allocating $385,870 in HOME Reinvestment Partnership Program (HOME) funding to the Arrowhead Grove Phase 4 project; and
WHEREAS, the FY 2024–2025 Annual Action Plan was adopted on May 15, 2024, allocating $1,309,341 in Community Development Block Grant (CDBG) funding to Public Works and designating $124,187 in HOME Reinvestment Partnership Program (HOME) for an unspecified affordable housing development project; and WHEREAS, the City intends to substantially amend the FY 2021–2022 Annual Action Plan to increase funding for the Arrowhead Grove Phase 4 project by $4,514,130 from unspent CDBG funds from FY 2020-2021, FY 2021–2022, FY 2022-2023, and FY 2023-2024 Annual Action Plans, thereby revising the project’s total funding from $385,870 to $4,900,000; and WHEREAS, the City intends to substantially amend the FY 2024-2025 Annual Action Plan to designate four specific public facilities projects and their corresponding funding allocations; and
WHEREAS, the City intends to substantially amend the FY 2024–2025, Annual Action Plan to define and name a new affordable housing development project, Jamboree Project, funded in FY 2024–2025 and to increase funding of the Jamboree project by $1,493,121.80 from unspent HOME funds from FY 2020 -2021, FY 2021–2022, FY 2022- 2023, and FY 2023-2024 Annual Action Plans, thereby revising the project’s total funding from $124,187 to $2,003178.80; and WHEREAS, the City proposes comprehensive amendments to the Citizen Participation Plan; and
WHEREAS, the City issued a public notice in English and Spanish on March 13, 2025, initiating a 30-day public comment period on the proposed Substantial Amendment and Citizen Participation Plan; and
WHEREAS, the comment period will begin on March 17, 2025, and end on April 16, 2025, in compliance with HUD’s public participation guidelines; therefore,
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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Resolution No. 2025-273
Resolution No. 2025-273
April 16, 2025
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council hereby approve the Substantial Amendments to the Fiscal Years 2021-2022 and 2024-2025 Annual Action Plans for the Community Development Block Grants and Home Reinvestment Partnership Program funded projects.
SECTION 3. The Mayor and City Council hereby approve other proposed updated comprehensive amendments to the Community Development Block Grant Citizen Participation Plan.
SECTION 4. The Mayor and City Council hereby authorize the City Manager, or designee, to take further actions and execute any further agreements or documents, as necessary to effectuate the submittal of the proposed Substantial Amendments to the Fiscal Year 2021–2022 and 2024-2025 Annual Action Plans.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 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. 2025-273
Resolution No. 2025-273
April 16, 2025
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. 2025-273, 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 on this 17th day of April 2025.
Telicia Lopez, CMC, Acting City Clerk
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Public Hearing
City of San Bernardino
Request for Council Action
Date: April 16, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo Clayton, Interim City Manager.
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Conduct a Public Hearing and Introduce for First Reading an Ordinance Amending Chapter 10.52 of the
San Bernardino Municipal Code to Update the Existing
Speed Zones City Wide
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Introduce, read by title only, and waive further reading of Ordinance No. MC1651, Amending Chapter 10.52 of the San Bernardino Municipal Code to Update Existing Speed Zones City Wide; and
3. Schedule the adoption of Ordinance No. MC-1651 to the regular scheduled meeting of the Mayor and the City Council on May 21, 2025.
Executive Summary
The Engineering and Traffic Survey was conducted to evaluate the current roadway conditions, traffic flow and overall effectiveness of the existing speed limit speeds in the City. It is intended to ensure that local traffic regulations remain consistent with current roadway conditions, usage patterns, and best practices in traffic engineering.
Since the original survey was conducted in 2016, changes in land use, population growth, travel patterns and vehicle technology have altered travel behaviors, impacting both traffic flow and safety. To address these evolving conditions, the amended Engineering and Traffic Survey includes updated data collection, revised speed zoning recommendations, and targeted safety corridor speed reductions improvements. The proposed updates strive to create a balanced approach to Packet Page. 275
mobility, safety, and compliance, contributing to the overall well-being of the residents and roadway users.
Background
In California, Engineering and Traffic (E&T) Surveys must be conducted according to guidelines set forth by the California Vehicle Code (CVC) sections 22357 and 22358 and the California Manual on Uniform Traffic Control Devices (CA MUTCD).
These surveys typically involve measuring prevailing traffic speeds—often using the 85th percentile criterion—along with evaluating collision history and roadway characteristics. Data is collected under conditions that reflect normal, free-flowing traffic, ensuring the resulting speed recommendations accurately represent realworld driving behaviors. Once completed, E&T Surveys provide the evidence-based foundation for setting or adjusting speed limits, helping local agencies maintain consistency, enhance safety, and reduce speed variability on public roads.
Speed limits determined through the E&T Survey are typically set near the 85th percentile speed, which is the speed at or below which 85% of traffic is traveling.
Research has shown that setting speed limits at this threshold enhances safety and reduces variations in vehicle speeds.
Additionally, Assembly Bill 43 (AB 43), signed into law in October 2021, modifies how speed limits are set in California by providing local jurisdictions with greater flexibility to prioritize road safety. The California Vehicle Code was amended in 2022 and the California MUTCD was amended in March 2023 to implement laws and guidelines with the changes set forth in AB 43. Under AB 43, cities and counties can now consider factors beyond prevailing traffic speeds—such as pedestrian and cyclist safety, collision history, and roadway conditions when conducting Engineering and Traffic Surveys. This change allows for more complex and specific speed limit setting, particularly in areas with vulnerable road users or higher collision risks, ultimately helping to reduce traffic-related injuries and fatalities. There were three major changes to how speed limits can be recommended under AB 43 as follows:
1. An E&T Survey conducted more than 7 years ago may be extended to 14 years (previously to 10 years) if a traffic engineer certifies that no changes in roadway or traffic conditions have occurred [CVC 40802 (c)(2)(B)(i)(II)].
2. A local authority may establish and designate safety corridors throughout their jurisdiction. The local authority may recommend a speed limit with an additional five mile per hour reduction on segments designated as safety corridors. Local authorities may not lower the speed limit under this section until June 30, 2024, or until the Judicial Council has developed an online tool for adjudicating infraction violations statewide, whichever is sooner.
3. If a local authority, after completing an E&T Survey, finds that the speed limit is still reasonable or safe, the local authority may retain the current speed limit or Packet Page. 276
restore the immediately prior speed limit if that speed limit was established with an E&T Survey and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit Public Hearing Noticing
April 16, 2025 Legal advertisement was published in the San Bernadino Sun Newspaper and proof of Publication was sent back to the City of San Bernadino on March 29, 2025. The
Spanish language advertisement is scheduled to run in El Chicano on this upcoming Thursday, April 03, 2025.
Discussion
The City of San Bernardino has engaged Willdan Engineering, through its on-call consulting contract, to conduct the required Engineering and Traffic Survey (E&T Survey). This collaboration ensures compliance with California Vehicle Code sections mandating that speed limits be established based on professional engineering analyses rather than arbitrary determinations. Willdan’s role involves gathering and reviewing data on roadway conditions, traffic volumes, and collision histories, as well as identifying the 85th percentile speeds. By utilizing Willdan’s expertise, the City aims to adopt speed limits that are consistent with state guidelines while enhancing road safety for drivers.
The E&T Surveys for the City were conducted in accordance with procedures outlined in the California MUTCD and as required by Section 627 of the CVC. The Code further describes three elements of an E&T Survey:
1. Measurement of prevailing speed;
2. Accident history; and
3. Roadway characteristics not readily apparent to the motorist.
Additionally, it is generally accepted that speed limits cannot be successfully enforced without voluntary compliance by most drivers. Consequently, only the driver whose behavior is clearly out of line with the normal flow of traffic is usually targeted for enforcement.
Average Daily Traffic Counts (ADT and field reviews were conducted at 157 locations during the months of October and November 2023, August and October 2024. Segments that used the 14-year extension did not need speed data or crash data collected.
The 157 segments throughout the City of San Bernardino were reviewed, evaluated with comparing 2016 and 2024 field review and ADT data. No significant changes have occurred, including, but not limited to, changes in adjoining property or land use, roadway width or traffic volume for 48 street segments. Therefore, based on Packet Page. 277
the above reasons, the most recent Engineering and Traffic Survey may be extended up to 14 years from March 2016 to March, 2032.
Safety Corridors – New from AB 43
The provisions of CVC Section 22358.7, a new section added through AB 43, to additionally lower the speed limit by designating a safety corridor, shall not be applicable until actions required per CVC Section 22358.7 by Department of Transportation and Judicial Council are completed or June 30, 2024, whichever is sooner. Data used to determine a safety corridor may be from the most recent E&T Survey performed. The crash data source may include, but is not limited to, California Highway Patrol’s (CHP) Statewide Integrated Traffic Records System (SWITRS). The prioritized subset of safety corridors shall:
1. Identify specific locations with high crash occurrences.
2. Identify corridor-level segments with a pattern of crash reoccurrence.
3. Be able to be stratified by mode.
The total reduction in the speed limit using the nearest 5 mph increment, rounding up, rounding down and using 5 mph speed reduction, plus an additional 5 mph speed reduction for safety corridor designation, shall not exceed 12.4 mph from the 85- percentile speed. Refer to CVC Section 22358.6(e).
Retain Currently Adopted or Restore Immediately Prior Speed Limit – New from AB 43
The City may retain the currently adopted speed limit without further reduction or restore the immediately prior adopted speed limit without further reduction as provided in CVC Section 22358.8,added through AB 43.The currently adopted speed limit or immediately prior adopted speed limit shall only be retained, by ordinance, if after completing an E&T Survey, the City finds that the speed limit is still more than reasonable or safe, and that speed limit was established with an E&T Survey and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit.
If the City decides to use a lower speed limit based on CVC Section 22358.8, after completing an E&T Survey and finding that the speed limit is still more than is reasonable or safe, it shall not be reduced by any more than 5 mph from the currently adopted speed limit or not below the immediately prior speed limit. Refer to CVC Section 22358.8(b).
Results of the E&TS
The Engineering and Traffic Survey (E&TS) results indicate the following updates to street segment speed limits:
• 48 street segments will retain their current speed limits and qualify for a 14-year Packet Page. 278
extension.
• 90 street segments have recommended changes to the posted speed limit. • 19 street segments will maintain their existing speed limits. • 114 street segments have been designated as safety corridors, with 71 street segments resulting in additional reduced speed limits.
In compliance with state law, the updated speed limits will be established in the Municipal Code through an Ordinance.
2021-2025 Strategic Targets and Goals
This project aligns with the City's Key Strategic Target and Goal No. 3: Improved Quality of Life, specifically section C, which focuses on evaluating and enhancing public safety services. By implementing the recommendations from the Engineering and Traffic Survey, the City seeks to enhance traffic flow on these roadway segments, and improve overall safety for all users. This data-driven approach ensures smoother travel, better roadway efficiency, and a more reliable transportation network for the entire community.
Fiscal Impact
There is no General Fund impact associated with this action. The installation of the signs will be funded by funds appropriated for the Calstripe Contract at an average cost range from $100 per sign, $150 Sign and Post and $300 per pavement message with an estimated cost range of $25,000.00.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Introduce, read by title only, and waive further reading of Ordinance No. MC1651, Amending Chapter 10.52 of the San Bernardino Municipal Code to Update Existing Speed Zones City Wide; and
3. Schedule the adoption of Ordinance No. MC-1651 to the regular scheduled meeting of the Mayor and the City Council on May 21, 2025.
Attachments
Attachment 1 Ordinance No. MC-1651
Attachment 2 E & TS Study Report
Attachment 3 Proof of Publication – Notice of Public Hearing Attachment 4 PowerPoint Presentation
Ward:
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All
Synopsis of Previous Council Actions:
February 4, 2016 Final reading MC No-1421 Amended Chapter 10.52 of the San Bernardino Municipal Code for Speed Limits.
November 20, 2012 Ordinance No. MC- 1382 Amended Chapter 10. 52 of the San Bernardino Municipal Code for Speed Limits.
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Ordinance No. MC-1651
1 ORDINANCE NO. MC-1651
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING CHAPTER 10.52 OF THE SAN BERNARDINO
MUNICIPAL CODE TO UPDATE EXISTING SPEED ZONES
CITY WIDE
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the City is required to comply with the California Vehicle Code (CVC) to have posted speed limits on the street segments surveyed every seven years; and WHEREAS, in California, Engineering and Traffic (E&T) Surveys must be conducted according to guidelines set forth by the California Vehicle Code (CVC) sections 22357 and 22358 and the California Manual on Uniform Traffic Control Devices (CA MUTCD); and WHEREAS, once completed, E&T Surveys provide the evidence-based foundation for setting or adjusting speed limits, helping local agencies maintain consistency, enhance safety, and reduce speed variability on public roads; and
WHEREAS, additionally, Assembly Bill 43 (AB 43), signed into law in October 2021, modifies how speed limits are set in California by providing local jurisdictions with greater flexibility to prioritize road safety; and
WHEREAS, under AB 43, cities and counties can now consider factors beyond prevailing traffic speeds—such as pedestrian and cyclist safety, collision history, and roadway conditions when conducting Engineering and Traffic Surveys; and
WHEREAS, the street segments were last surveyed in 2016; and WHEREAS, an updated Engineering and Traffic Survey has been completed to justify and update the posted speed limits along 109 street segments.
WHEREAS, an updated Engineering and Traffic Survey has been completed to justify and extend the posted speed limits along 48 street segments.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Section 10.52.010 of the San Bernardino Municipal Code is hereby amended to read as follows:
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Ordinance No. MC-1651
2 “10.52.010 TWENTY-FIVE MILES PER HOUR
In accordance with and pursuant to the authority of sections 22357, 22358, 22360 of the California Vehicles Code, the Mayor and Common Council do hereby determine and declare upon the basis of an engineering and traffic investigation that a Prima Facie speed limit of thirty miles per hour (25 MPH) shall be established upon the following streets or portions thereof in the City:
28th Street between H Street and Waterman Avenue
Commercial Road between Waterman Avenue and Steele Road Palm Avenue between Belmont Avenue and Melvin Avenue
Rialto Avenue between Lena Road and Tippecanoe Avenue”
SECTION 3. Section 10.52.010 of the San Bernardino Municipal Code is hereby renumbered to Section 10.52.020 and amended to read as follows:
“10.52.020 THIRTY MILES PER HOUR
In accordance with and pursuant to the authority of sections 22357, 22358, 22360 of the California Vehicles Code, the Mayor and Common Council do hereby determine and declare upon the basis of an engineering and traffic investigation that a Prima Facie speed limit of thirty miles per hour (30 MPH) shall be established upon the following streets or portions thereof in the City:
2 nd Street between Mt. Vernon Avenue and Waterman Avenue 21st Street between Waterman Avenue and Perris Hill Park Road Arrowhead Avenue between Highland Avenue and Kendall Drive California Street between Baseline Street and Cajon Boulevard Del Rosa Drive between 6th Street and Baseline Street
Del Rosa Avenue between Del Rosa Drive and Marshall Boulevard E Street between Mill Street and Rialto Avenue
E Street between Rialto Avenue and 8th Street
Electric Avenue between Mt. View Avenue and Northpark Boulevard Eucalyptus Avenue between Mill Street and Rialto Avenue G Street between Mill Street and 3rd Street/4th Street
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Ordinance No. MC-1651
3 H Street between 3rd Street and 6th Street
Highland Avenue between Muscupiabe Avenue and E Street
Highland Avenue between E Street and Sierra Way
Highland Avenue between Arden Avenue and Victoria Avenue Hill Drive between Magnolia Drive and H Street
Hospitality Lane between E Street and Waterman Avenue
Hospitality Lane between Waterman Avenue and Tippecanoe Avenue Marshall Boulevard between Ladera Road and Waterman Avenue Massachusetts Avenue between Baseline Street and Highland Avenue Medical Center Drive between 5th Street and Baseline Street Morgan Road between Melbourne Road and Yardley Street
Mt. Vernon Avenue between Grant Avenue and Rialto Avenue Mt. Vernon Avenue between Rialto Avenue and 7th Street
Mt. Vernon Avenue between 7th Street and 21st Street
Mt. View Avenue between Victoria Street and Highland Avenue Mt. View Avenue between Highland Avenue and Electric Avenue Mt. View Avenue between Electric Avenue and Hill Drive/ Pinehurst Court N. Little between 600' S/ O W Little League Drive and O' Rourke Avenue Palm Avenue (East) between Atlantic Avenue and Piedmont Drive Parkdale Drive between Mt. View Avenue and Valencia Avenue State Street between University Parkway and Sheridan Road University Parkway between Highland Avenue and Baseline Street” SECTION 4. Section 10.52.020 of the San Bernardino Municipal Code is hereby renumbered to 10.52.030 and amended to read as follows:
“10.52.030 THIRTY-FIVE MILES PER HOUR
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Ordinance No. MC-1651
4 In accordance with and pursuant to the authority of sections 22357, 22358, 22360 of the California Vehicles Code, the Mayor and Common Council do hereby determine and declare upon the basis of an engineering and traffic investigation that a Prima Facie speed limit of thirty-Five miles per hour (35 MPH) shall be established upon the following streets or portions thereof in the City:
5 th Street between H Street and Sierra Way
5 th Street between Sierra Way and Pedley Road
6 th Street between Del Rosa Drive and 200' E/ O Victoria Avenue 16th Street between University Parkway and Medical Center Drive 27th Street between Mt. Vernon Avenue and G Street
48th Street between Kendall Drive and Electric Avenue
Arden Avenue between Pacific Street and Highland Avenue Arrowhead Avenue between 7th Street and Highland Avenue Atlantic Avenue between Palm Avenue and Cienega Court
Auto Center Drive between Showcase Drive S and E Street Baseline Street between H Street and Sierra Way
D Street between 6th Street and 28th Street
Del Rosa Avenue between Marshall Boulevard and 39th Street E Street between Century Avenue and Mill Street
E Street between 8th Street and Baseline Street
E Street between Baseline Street and Highland Avenue
E Street between Highland Avenue and 30th Street
E Street between 30th Street and Kendall Drive
G Street between Inland Center Drive and Mill Street
G Street between 6th Street and 140' North Of 29th Street G Street between 150' South Of 30th Street and Marshall Boulevard Gilbert Street between Waterman Avenue and 207' E/O Cedar Avenue Packet Page. 284
Ordinance No. MC-1651
5 H Street between 6th Street and Marshall Boulevard
Highland Avenue between Macy Street and Medical Center Drive Highland Avenue between Medical Center Drive and Muscupiabe Avenue Highland Avenue between Victoria Avenue and Bradford Avenue Hunts Lane between Washington Street and Commercial Road Hunts Lane between Commercial Road and Hospitality Lane K Street between Mill Street and Rialto Avenue
Kendall Drive between E Street and 40th Street
Lena Road between Orange Show and Road Central Avenue
Lena Road between Mill Street and 3rd Street
Lynwood Drive between Valencia Avenue and Del Rosa Avenue Macy Street between Highland Avenue and North City Limits Marshall Boulevard between Little Mountain Drive and Ladera Road Medical Center Drive between Baseline Street and Cajon Boulevard Miramonte Avenue between 23rd Street and Marshall Boulevard Mountain Avenue between 39th Street and 40th Street
Mt. Vernon Avenue between 21st Street and 27th Street
Ohio Avenue between Magnolia Avenue and Pine Avenue
Orange Show Road between E Street and Arrowhead Avenue
Orange Street between Pacific Street and Highland Avenue Orange Street between Highland Avenue and Piedmont Drive Pepper Avenue between Mill Street and Madrona Street
Piedmont Drive between Yuma Drive and Orange Street
Rialto Avenue between Eucalyptus Avenue and Mt. Vernon Avenue Rialto Avenue between Mt Vernon Avenue and G Street
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Ordinance No. MC-1651
6 Rialto Avenue between G Street and Sierra Way
Rialto Avenue between Sierra Way and Waterman Avenue
Rialto Avenue between Waterman Avenue and Lena Road
Sierra Way between 5th Street and 30th Street
Sierra Way between 30th Street and 40th Street
Tippecanoe Avenue between Harriman Place and San Bernardino Avenue Valencia Avenue between 21st Street and 30th Street
W. Little League Drive between N. Little League Drive and Palm Avenue” SECTION 5. Section 10.52.030 of the San Bernardino Municipal Code is hereby renumbered to 10.52.040 and amended to read as follows:
“10.52.040 FORTY MILES PER HOUR
In accordance with and pursuant to the authority of sections 22357, 22358, 22360 of the California Vehicles Code, the Mayor and Common Council do hereby determine and declare upon the basis of an engineering and traffic investigation that a Prima Facie speed limit of forty miles per hour (40 MPH) shall be established upon the following streets or portions thereof in the City:
3 rd Street between Sierra Way and Waterman Avenue
3 rd Street between Waterman Avenue and Lena Road
3 rd Street between Lena Road and Leland Norton Way
9 th Street between Medical Center Drive and H Street
9 th Street between H Street and Sierra Way
9 th Street between Sierra Way and Waterman Avenue
40th Street between Electric Avenue and Waterman Avenue 40th Street between Golden Avenue and Mountain Avenue
Arrowhead Avenue between Esparanza Street and Rialto Avenue Baseline Street between California Street and Medical Center Drive Baseline Street between Medical Center Drive and H Street Baseline Street between Sierra Way and Del Rosa Avenue
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Ordinance No. MC-1651
7 Central Avenue between Arrowhead Avenue and 100' E/O Valley View Avenue Central Avenue between 100' E/O Valley View Avenue/Lena Road and Mt. View Avenue Commercial Road between Hunts Lane and Waterman Avenue
E Street between Hunts Lane and Century Avenue
Foothill Drive between Del Rosa Avenue and Arden Avenue Golden Avenue between Highland Avenue and Lynwood Drive Highland Avenue between Sierra Way and Valencia Avenue
Highland Avenue between Valencia Avenue and Arden Avenue Inland Center Drive between E Street and 1570' Sw/O I Street Kendall Drive between 40th Street and University Parkway Little Mountain Drive between Edgehill Road and 1300' S/ O Sheridan Road Little Mountain Drive between 1300' S/ O Sheridan Road and Northpark Boulevard Meridian Avenue between Randall Avenue and Mill Street
Meridian Avenue between Rialto Avenue and Foothill Boulevard Mill Street between Eucalyptus Avenue and Macy Street
Mill Street between Bordwell Avenue and Waterman Avenue Mill Street between Waterman Avenue and Tippecanoe Avenue Northpark Boulevard between University Parkway and Little Mountain Drive Northpark Boulevard between Little Mountain Drive and Electric Avenue Palm Avenue between Kendall Drive and Belmont Avenue
Pepper Avenue between Randall Avenue and Mill Street
Perris Hill Park Road between Pacific Street and 21st Street Redlands Boulevard between Hunts Lane and Gardena Street Sierra Way between Mill Street and Rialto Avenue
Sierra Way between 40th Street and 48th Street
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Ordinance No. MC-1651
8 Sterling Avenue between Highland Avenue and Pumalo Street Tippecanoe Avenue between San Bernardino Avenue and 3rd Street University Parkway between Cajon Boulevard and Northpark Boulevard Valencia Avenue between 30th Street and 40th Street
Waterman Avenue between Barton Road and Central Avenue
Waterman Avenue between Rialto Avenue and Highland Avenue Waterman Avenue between Highland Avenue and 30th Street” SECTION 6. Section 10.52.00 of the San Bernardino Municipal Code is hereby renumbered to 10.52.050 and amended to read as follows:
“10.52.050 FORTY-FIVE MILES PER HOUR
In accordance with and pursuant to the authority of sections 22357, 22358, 22360 of the California Vehicles Code, the Mayor and Common Council do hereby determine and declare upon the basis of an engineering and traffic investigation that a Prima Facie speed limit of forty-five miles per hour (45 MPH) shall be established upon the following streets or portions thereof in the City:
9 th Street between Waterman Avenue and 600' E/O Preston Street 30th Street between Little Mountain Drive and Valencia Avenue 40th Street between Kendall Drive and Electric Avenue
40th Street between Waterman Avenue and Golden Avenue
Baseline Street between Meridian Avenue and California Street Campus Parkway between Kendall Drive and Devils Canyon Road Harrison Street between 35th Street and 40th Street
Kendall Drive between University Parkway and Palm Avenue Little Mountain Drive between 27th Street and Edgehill Road Orange Show Road between Arrowhead Avenue and Tippecanoe Avenue Pine Avenue between Kendall Drive and Belmont Avenue
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Ordinance No. MC-1651
9 Redlands Boulevard between Gardena Street and East City Limits San Bernardino Avenue between Tippecanoe Avenue and Mt. View Avenue Tippecanoe between 9th Street and Baseline Street
Victoria Avenue between Highland Avenue and Lynwood Drive Waterman Avenue between Central Avenue and Rialto Avenue” SECTION 7. Section 10.52.050 of the San Bernardino Municipal Code is hereby renumbered to 10.52.060 and amended to read as follows :
“10.52.060 FIFTY MILES PER HOUR
In accordance with and pursuant to the authority of sections 22357, 22358, 22360 of the California Vehicles Code, the Mayor and Common Council do hereby determine and declare upon the basis of an engineering and traffic investigation that a Prima Facie speed limit of fifty miles per hour (50 MPH) shall be established upon the following streets or portions thereof in the City:
3 rd Street between Leland Norton Way and Victoria Avenue Cajon Boulevard between California Street and 23rd Street Highland Avenue between West Boundary (~2664' West Of Macy Street) and Macy Street Hallmark Parkway between University Parkway and Lexington Parkway Industrial Parkway between Lexington Parkway and Palm Avenue” SECTION 8. Certification. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
SECTION 9. CEQA. The Mayor and City Council finds this Ordinance is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Therefore, the Ordinance is considered categorically exempt from CEQA.
SECTION 10. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each Packet Page. 289
Ordinance No. MC-1651
10 section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 11. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of ___ 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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Ordinance No. MC-1651
11 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 Ordinance No. MC-1651, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of April 2025. Ordinance No. MC-1651 was approved and adopted at a regular meeting held the ___ day of ___ , 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;
C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for January 2025 (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for January 2025.
Executive Summary
This action is to approve the commercial and payroll disbursements. This is regular business of the Mayor and City Council ensuring that the City pays vendors, employees, and the retirement system timely, accurately and with full transparency for the community.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers.
The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
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Discussion
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.
Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for January 2025.
Attachments
Attachment 1 Payroll Summary Report for January 2025
Attachment 2 Commercial checks & Payroll Register #37
Attachment 3 Commercial checks & Payroll Register #38
Attachment 4 Commercial checks & Payroll Register #39
Attachment 5 Commercial checks & Payroll Register #40
Gross Payroll
Bi-Weekly for January 2, 2025 $3,571,612.93
Bi-Weekly for January 16, 2025 $3,549,616.51
Bi-Weekly for January 30, 2025 $3,385,068.48
Monthly for January, 2025 $40,210.30
Total Payroll Demands: $10,546,508.22
The following check registers are being presented for approval:
January 7, 2025 2024/25 (Register #37) $25,000.00
January 9, 2025 2024/25 (Register #38) $3,607,663.40
January 16, 2025 2024/25 (Register #39) $1,903,886.89
January 23, 2025 2024/25 (Register #40) $1,399,088.84
January 23, 2025 2024/25 (Register #41) $1,411.52
January 30, 2025 2024/25 (Register #42) $1,547,739.01
Total commercial check demands: $8,484,789.66
The following Electronic Funds Transfer (EFT) registers presented for approval:
Jan 9, 2025 - Jan 31, 2025 2024/25 (Register #1744-1759) $1,783,347.31 Total commercial EFT demands: $1,783,347.31
Purchasing Card Charges:
January 2025 $101,803.00
Total Purchasing Card Charges: $101,803.00
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Attachment 6 Commercial checks & Payroll Register #41
Attachment 7 Commercial checks & Payroll Register #42
Attachment 8 Commercial EFT Registers #1744-1759
Attachment 9 Purchasing Card Charges for January 2025
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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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;
C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Investment Portfolio Report for January 2025 (All Wards) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for January 2025.
Executive Summary
This action is to approve the Investment Portfolio for the month of January 2025. This is regular business of the Mayor and City Council ensuring that City investments are in compliance with the Mayor and Council approved Investment Policy.
Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. Section III, Chapter N of the City’s approved 2023-24 Investment Policy reads as follows, “The Director of Finance shall submit to the City Council, on a monthly basis, a report summarizing the individual transactions executed within the month.” The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy.
Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended January 31, 2025.
The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements.
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2021-2025 Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.
Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment report.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for January 2025.
Attachments
Attachment 1 Investment Portfolio Management Summary Report, Jan 2025.
Attachment 2 FY2023-24 Adopted Investment Policy
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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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;
C. Jeannie Fortune, Interim Director of Finance and Management Services
Department: Finance & Management Services
Subject: Approve Amendment #1 for Year-end Financial Consulting Services with Eide Bailly, LLP, increasing the Agreement’s not-to-exceed amount to $400,000 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment #1 with Eide Bailly, LLP for year-end financial consulting services to extend the agreement for one (1) additional year (June 30, 2026) and increase the agreement’s not-to-exceed amount to $400,000.
Executive Summary
The purpose of obtaining year-end financial consulting services is to ensure the City’s financial transparency, accuracy, accountability, and efficient management of public funds. The City needs to continue the use of year-end consulting financial services to meet all its annual financial reporting requirements and obligations. Funding for this agreement is included in the Department’s approved FY24/25 operating budget.
Background
The City is required to have its financial records, transactions, procedures and policies audited on an annual basis by an independent audit firm. These services are crucial for ensuring that financial operations adhere to the highest standards of accuracy, accountability, and compliance when closing and reporting out each fiscal year. Due to staffing shortages and the need to meet fiscal year-end requirements, the City issued an RFP (F-24-1006) for Year-End Financial Consulting Services with a not-toexceed amount of $99,000 on May 9, 2024. The services included: assisting in the preparation of City financial statements, providing audit support, ensure the City’s compliance with relevant financial regulations, assess the City’s internal controls, identify potential risks to the City, provide year-end support in the management of Packet Page. 752
grants and subrecipients, assist with monthly bank reconciliation, verify the City’s fixed assets, and review the City’s debt obligations.
The City had a total of four firms respond to the City’s RFP. Proposals were received from the following firms and evaluated:
1. Badawi & Associates, CPAs, Berkeley, CA
2. Eadie and Payne LLP, Riverside, CA
3. Eide Bailly LLP, Rancho Cucamonga, CA
4. Harshwal & Company LLP, San Diego, CA
Proposals were reviewed by the Finance Department. Each firm was evaluated based on the following: their proposed cost, their key staff and resources, the firm’s experience and technical competence, references and relevant projects comparable to the City of San Bernardino, the firm’s proposed method to accomplish the work that will be involved, if the firm has any litigation, and if the firm has any deviations or exceptions to the proposal. The highest possible score based on these evaluating points could be 40.
Vendor Evaluating Point Score:
Badawi & Associates, CPAs: 32 points
Eadie and Payne LLP: 35 points
Eide Bailly LLP: 38 points
Harshwal & Company LLP: 34 points
Based on the evaluation categories, with an evaluating point score of 38, the professional services agreement was awarded to Edie Bailly, LLP. Since the original award amount was under $100,000, it was approved under the City Manager’s authority.
Discussion
Eide Bailly is providing current (FY2024-25) year-end consulting services for the preparation of several government required audits for fiscal year 23/24. Their services were intended to supplement current staffing, so that once all vacancies were filled, services would no longer be needed. However, with the addition of the development, preparation and implementation of the City’s Enterprise Resources Planning (ERP) system, the constant turnover in the Accounting Division in the Finance Department, and the vacancy of the Director of Finance and Management Services (there is currently an Interim Director, without the aid of a Deputy Finance Director), Eide Bailly’s increased year-end financial services are needed, increasing the current year’s agreement from $99,000 to $200,000. Their services are essential for the department to meet all county, state and federal financial regulations.
The development of the ERP has taken away valuable staff time that would otherwise be focused on the day-to-day processes of revenue receipts review, approval and posting, and invoice processing and payment. Eide Bailly’s amendment, in addition to Packet Page. 753
year-end consulting financial services of the City’s major audit, will include additional audits of the City’s special revenue funds, such as audits for Measure “I”, Air Quality Management District (AQMD), and may include day-to-day operational financial support, including supporting the Interim Finance Director, the new Accounting Division Manager, and other accounting positions vacant in the department. To ensure that these services continue and to avoid delays, City staff is recommending the approval of Amendment #1 to the professional services agreement with Eide Bailly, LLP for an additional year, increase the annual amount from $99,000 to $200,000, for a not-toexceed amount for the entire term of the agreement to $400,000. 2021-2025 Strategic Targets and Goals
Receiving and Filing the FY 2024/25 Mid-Year Financial Update Report aligns with Key Target No. 1: Improved Operational & Financial Capacity. Continued efficient dayto-day operations and year-end consulting services will ensure that financial transaction review, recording and posting is done in a timely manner to provide the Mayor and City Council with current up-to-date financial information.
Fiscal Impact
There is no additional impact to the General Fund with this item. There is sufficient budget to support this item in the department's FY 2024/25 budget and will be accounted for in future budgets.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment #1 with Eide Bailly, LLP for year-end financial consulting services to extend the agreement for one (1) additional year (June 30, 2026) and increase the agreement’s not-to-exceed amount to $400,000.
Attachments
Attachment 1 Original Professional Services Agreement
Attachment 2 Amendment No.1 - Eide Bailly
Ward:
All Wards
Synopsis of Previous Council Actions:
No previous action.
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PROFESSIONAL SERVICE AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND EIDE BAILLY LLP
This Agreement is made and entered into as of November 14, 2024, and between the City of San Bernardino (a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401) (“City”), and Eide Bailly (a limited liability partnership with its principal place of business at 10681 Foothill Boulevard #300, Rancho Cucamonga, California 91730) (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.
RECITALS
A. WHEREAS, City is a public agency of the State of California and is in need of professional services for accounts payable auditing services of the City’s Finance Department (“Project”); and
B. WHEREAS, Consultant is duly licensed and has the necessary qualifications to provide such services; and
C. WHEREAS, the Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A”.
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement with which it becomes aware.
Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation
a. Subject to paragraph 4b below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A”.
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b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Ninety-Nine Thousand Dollars ($99,000). This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City and informal consultations with the other party indicate that a change is warranted, Consultant shall forward a letter outlining the changes to the City with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement (unless agreed to by City and Consultant in writing).
6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2025 (“Term”).
7. Maintenance of Records; Audits
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles, and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant; and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the Agreement for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner, and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Packet Page. 756
Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics, or quarantine restrictions. “Orders of governmental authorities” includes ordinances; emergency proclamations and orders; and rules to protect the public health, welfare and safety for purposes of this section.
b. Should a Force Majeure Event occur, the non-performing Party shall give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement within a reasonable time of being prevented from performing. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law
a. Consultant shall comply with all applicable Federal, state, and local government laws (ordinances, codes, and regulations to include California Division of Occupational Safety and Health requirements).
b. Consultant shall assist the City as requested in obtaining and maintaining all permits required of Consultant by Federal, state, and local regulatory agencies if required.
c. Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement if applicable.
11. Standard of Care. Consultant’s services will be performed in accordance with applicable professional standards. Consultant’s performance shall conform in all material respects to the requirements of the scope of work.
12. Conflicts of Interest. Consultant shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City during the term of this Agreement.
13. City Business Certificate. Consultant shall obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code (and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business) prior to execution of this Agreement.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City (which may be withheld for any reason). Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making Packet Page. 757
them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel (including but not limited to social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance).
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured. The City (its officials, officers, employees, agents, and volunteers) shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain (in amounts not less than specified herein) Commercial General Liability Insurance in a form and with insurance companies acceptable to the City during the performance of all work under this Agreement.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office (“ISO”) Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse, and Underground exclusion
deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
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(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) any other exclusion contrary to the Agreement.
(v) The policy shall give City (its elected and appointed officials, officers, employees, agents, and City-designated volunteers) additional insured status using ISO endorsement Forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage (including coverage for non-owned and hired vehicles) in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as ISO Form Number CA 00 01 covering automobile liability. (iii) The policy shall give City (its elected and appointed officials, officers, employees, agents and City designated volunteers) additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured (but not a self-insured retention). d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code; and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement at all times during the performance of the work under this Agreement (all in accordance with the “Workers’ Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any acts amendatory thereof; and Employer’s Liability Coverage in amounts indicated herein). Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
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e. Professional Liability (Errors and Omissions). The Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession in a form and with insurance companies acceptable to the City and in an amount indicated herein at all times during the performance of the work under this Agreement.
f. Privacy/Network Security (Cyber). The Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code in a form and with insurance companies acceptable to the City at all times during the performance of the work under this Agreement. g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per claim and aggregate
(ii) Except for Professional and Cyber Liability insurance, defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement; or a waiver of any coverage normally provided by any insurance. i. Evidence Required. The Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein prior to execution of the Agreement. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
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j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall endeavor to deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance, or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period (a) if the retroactive date is advanced past the effective date of this Agreement; (b) if the policy is cancelled or not renewed; or (c) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City (its officials, officers, employees, agents, and volunteers) or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City for covered losses, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
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l. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant; and any approval of said insurance by the City is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement (including, but not limited to, the provisions concerning indemnification). (ii) If any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced at any time during the life of the Agreement, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) Neither the City nor the City Council (nor any member of the City Council or any of its officials, officers, employees, agents, or volunteers) shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO Form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification
a. Consultant shall indemnify and hold the City (its elected and appointed officials, officers, employees, agents, and authorized volunteers) free and harmless from any and all claims (demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind)(“Claims”) in law or equity to property or persons (including wrongful death) to the fullest extent permitted by law in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant (its officials, officers, employees, subcontractors, consultants, or agents) in connection with the performance of the Consultant’s services, the Project, or this Agreement (including without limitation the payment of all damages, expert witness fees, attorneys’ fees, and other related costs and expenses). This indemnification clause excludes Claims arising from the negligence or misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City (the City Council, members of the City Council, its employees, or authorized volunteers). Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then (and only to the extent required by Civil Code Packet Page. 762