Mayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, 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, MAY 21, 2025
3:30 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
3:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION Pg. 12
A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):
i) Notice of Claim, Alejandrina and Jose Trujillo, dated September 26, 2023, Claim No.
GHC0063298
ii) Notice of Claim, Treasure Ortiz, dated March 28, 2025, Claim No. GHC0082770
B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):
i) 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
ii) Agency Designated Representative: City Attorney or other Mayor and City Council Designee.
Unrepresented Employee: City Manager
5:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
Mayor and City Council of the City of San Bernardino Page 3
PRESENTATIONS
1. Proclamation for National Public Works Week in the City of San Bernardino – May 18–25, 2025 (All Wards) Pg.13
APPOINTMENTS
2. Library Board ReAppointment of Valerie A. Lichtman Pg.15 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Valerie A. Lichtman to the Library Board. Ms. Lichtman will serve with a term ending in May 2029. Council Office staff has verified the appointee is a registered voter within the City.
3. Library Board ReAppointment of Carolyn A. Tillman (All Wards) Pg.29 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Carolyn A. Tillman to the Library Board. Ms. Tillman will serve with a term ending in May 2029. Council Office staff has verified the appointee is a registered voter within the City.
4. Library Board Appointment of Danielle Sanchez (All Wards) Pg.44 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Danielle Sanchez to the Library Board. Ms. Sanchez will replace the seat left vacant with the resignation of Ms. Jennifer Grant. Ms. Sanchez will serve with a term ending in May 2029. Council Office staff has verified the appointee is a registered voter within the City.
CITY MANAGER UPDATE
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
CONSENT CALENDAR
5. Approval of Various Mayor and City Council Meeting Minutes (All Wards) Pg.58 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:
1. December 4, 2024 Regular Meeting of the Mayor and City Council
2. January 8, 2025 Special Meeting of the Mayor and City Council
3. February 10, 2025 Special Meeting of the Mayor and City Council
4. April 8, 2025 Special Meeting of the Mayor and City Council
Mayor and City Council of the City of San Bernardino Page 4
6. Irrevocable Agreement to Annex No. 2025382 (Ward 4) Pg.79 Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2025287, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 912 Melrose Drive, San Bernardino, California, within the unincorporated territory of Arrowhead Farms of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
7. Irrevocable Agreement to Annex No. 2025383 (Ward 6) Pg. 98 Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2025288, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 19407 Cajon Boulevard, San Bernardino, California, within the unincorporated territory of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
8. Irrevocable Agreement to Annex No. 2025384 (Ward 6) Pg.117 Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2025289 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to pr ovide City sewer services to a property located at 3737 Duffy Street, San Bernardino, California, (APN 026704116) within the unincorporated territory of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
9. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for February 2025 (All Wards) Pg.132
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for February 2025.
10. Investment Portfolio Report for February 2025 (All Wards) Pg. 246 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for February 2025.
Mayor and City Council of the City of San Bernardino Page 5
11. Fiscal Year 202526 Assessment Levies for Previously Formed Assessment Districts. (All Wards)Pg. 279
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the following Resolutions, declaring intention to levy and collect assessments for Fiscal Year 202526 within various assessment districts within the City of San Bernardino, approving Engineer’s Reports for each assessment district and pr oviding notice of the time and place of the public hearing on July 16, 2025 on proposed assessments in each assessment district:
1. Resolution No. 2025290 for Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2, and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016; and
2. Resolution No. 2025291 for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024; and
3. Resolution No. 2025292 for Assessment District No. 1022 and Zones 1, 2 and 3 thereof; and
4. Resolution No. 2025293 for Assessment District Nos. 1025 and 1027; and
5. Resolution No. 2025294 for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068.
12. Review of Administrative Budget Transfers From January 1, 2025 Through March 31, 2025 (All Wards) Pg. 751
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from January 1, 2025, through March 31, 2025.
13. American Rescue Plan Update (All Wards) Pg.760
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report on the American Rescue Plan Act (ARPA) funds allocation and expenditures to date.
14. Acceptance and Approval of an Amendment for Additional Funds to Older Californians Nutrition Program Grant Award FY 2024/25 in the amount of $33,494 (All Wards) Pg. 765
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025295:
1. Authorizing the City Manager to approve a 2024/2025 Budget Amendment for the Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAASPG); and
2. Authorizing the City Manager to accept the amended 2024/2025 Congregate Meal Program Grant Budget in the amount of an additional $33,494 (Total Award of $426,035); and
3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards; and
Mayor and City Council of the City of San Bernardino Page 6
4. Approving certain related change orders to purchase orders to Sysco Foods (Total $225,600) and Hollandia Dairy (Total $26,500) for continued operation of the Older Californians Nutrition Program; and
5. Authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2024, through June 30, 2025.
15. Adopt Resolution No. 2025 296 Authorizing the Acceptance, Obligation, and Expenditure of Allocated Citizens’ Option for Public Safety (COPS) Funds in the Amount of $678,501.23 (All Wards)Pg.865
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025296:
1. Authorizing the acceptance of the full FY 2024/25 Citizens' Option for Public Safety (COPS) funds in the amount of $678,501.23, authorizing the Director of Finance and Management Services to amend the FY 2024/25 Operating Budget accordingly; and
2. Authorizing the Police Department to encumber and expend the allocated Citizens’ Option for Public Safety (COPS) funds for FY 2024/25.
16. Adoption of Ordinance No. MC1651 Amending Chapter 10.52 of the San Bernadino Municipal Code to Update the Existing Speed Zones City Wide (All Wards) Pg.871 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC1651 amending Chapter 10.52 (Final Reading) of the San Bernadino Municipal Code to update existing speed zones city wide.
17. Memorandum of Understanding (MOU) with County of San Bernardino for Street Maintenance and Repairs and Flood Control Facilities Maintenance and Repairs (All Wards) Pg. 1192
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California,
1. Authorize the City Manager or designee to approve and execute the Memorandum of Understanding (MOU) with the County of San Bernardino for Street Maintenance and Repairs; and
2. Authorize the City Manager or designee to approve and execute the Memorandum of Understanding (MOU) with the County of San Bernardino for Flood Control Facilities Maintenance and Repairs
Mayor and City Council of the City of San Bernardino Page 7
DISCUSSION
18. Award Professional Services Agreement Between the City of San Bernardino and Helping Hearts California, LLC/Helping Hearts Hulen, LLC for the Operation of the SB HOPE Campus in an amount not to exceed $2,395,075 for Phase 1 and $300,000 for Phase 2 and annually thereafter (All Wards) Pg. 1213 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to Execute a Professional Services Agreement with Helping Hearts California, LLC in the amount not to exceed $2,395,075 for Phase 1 shelter and recuperative care operations at SB HOPE Campus and an estimated $300,000 for Phase 2 operations and annually thereafter if required; and
2. Adopt Resolution No. 2025 297 to amend the Fiscal Year 20242025 Operating Budget authorizing the allocation of $2,395,075 from Permanent Local Housing Allocation funds for the operations of the SB HOPE Campus; and
3. Authorize the Director of Finance and Management Services to amend the FY2024/2025 Adopted budget for the appropriation of $2,395,075 in both revenues and expenditures; and
4. Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to implement operations at SB HOPE Campus.
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
19. Review and provide direction on the development of the City’s 20242025 and 2025 2026 Legislative Platform to guide advocacy efforts at the state and federal levels (All Wards) – (Council Member Knaus) Pg.1276
20. Consider approval of Rosenberg’s Rules of Order (All Wards) – (Council Member Sanchez) Pg. 1277
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 June 04, 2025 at the 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 May 21, 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 Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410, and on the City's website sbcity.org on Friday, May 16, 2025.
I declare under the penalty of perjury that the foregoing is true and correct.
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 Mayor and City Council of the City of San Bernardino Page 10 public hearing.
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 eac h 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 technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning, you may view the meeting from the following location (TV3).
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
Written comments can be emailed to [email protected]. Written public comments received up to 2:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed bythe public online at tinyurl.com/agendabackup .
Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 2:00 p.m. deadline will not be accepted.
Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe. Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting.
MEETING TIME
NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M. to discuss specified items.”
CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: May 21, 2025
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney
Subject: Closed Session
Recommendation:
A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):
i) Notice of Claim, Alejandrina and Jose Trujillo, dated September 26, 2023, Claim No. GHC0063298
ii) Notice of Claim, Treasure Ortiz, dated March 28, 2025, Claim No.
GHC0082770
B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):
i) 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
ii) Agency Designated Representative: City Attorney or other Mayor and City Council Designee.
Unrepresented Employee: City Manager
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: May 21, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for National Public Works Week in the City of San Bernardino – May 18–25, 2025 (All Wards)
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A PROCLAMATION OF
THE MAYOR AND CITY COUNCIL
PROCLAIMING MAY 18-25, 2025, AS
NATIONAL PUBLIC WORKS WEEK
IN THE CITY OF SAN BERNARDINO
WHEREAS, public works professionals are at the heart of our communities, providing the infrastructure, facilities, and essential services that enhance public health, safety, comfort, and quality of life for the residents of the City of San Bernardino; and WHEREAS, these critical services including transportation systems, water and wastewater management, solid waste collection, public buildings, and infrastructure—could not exist without the tireless efforts and expertise of public works professionals at all levels of government and the private sector; and
WHEREAS, public works professional’s engineers, managers, technicians, and frontline employees demonstrate a deep sense of purpose in serving the needs of the people, often operating behind the scenes, yet making a significant impact through their constant presence in every facet of daily life; and
WHEREAS, the public understanding of public works and support for their work is essential for building sustainable, resilient, and thriving communities; and WHEREAS, the year 2025 marks the 65th annual National Public Works Week, sponsored by the American Public Works Association (APWA) and the Canadian Public Works Association (CPWA), with the theme “People, Purpose, Presence”, highlighting the vital contributions of public works professionals whose work often goes unseen but is always impactful.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Council of San Bernardino do hereby proclaim the week of May 18–24, 2025 as National Public Works Week in the City of San Bernardino. I encourage all citizens to recognize and celebrate the important contributions made by public works professionals to the daily life and well-being of our community.
Presented on the 21st day of May 2025
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 21, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Library Board Re-Appointment of Valerie A. Lichtman (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the re-appointment of Ms. Valerie A. Lichtman to the Library Board.
Ms. Lichtman will serve with a term ending in May 2029. Council Office staff has verified the appointee is a registered voter within the City.
Executive Summary
The approval of the re-appointment of Ms. Valerie A. Lichtman is requested. There is no fiscal impact to the city. Ms. Valerie A. Lichtman has served on the San Bernardino Library Board since October 7, 2013.
Background
The Library Board was established under Charter Section 602 and is responsible for providing adequate library services; appointing a Library Director; administering the Library budget allocated by the City Council; making and enforcing all rules and regulations applicable to library services; and administering such additional matters as may be determined by ordinance.
Section 2.27.010 A of the municipal code states that whenever any vacancy of the Library Board occurs for any reason, and at least 60 days prior to expiration of any Library Board of Trustee member’s term of office, a vacancy notice must be posted to enable qualified candidates to apply. A vacancy notice was posted on March 15, 2025, at the following locations:
Feldheym Library, 555 W. 6th St, San Bernardino, CA 92410 Villaseñor Branch Library, 525 N Mt. Vernon Ave, San Bernardino, CA 92411 Howard M Rowe Branch Library, 108 E Marshall Blvd, San Bernardino, CA 92404 Packet Page. 15
Section 2.27.010 B of the municipal code states that the Mayor shall determine the timing and manner of interviewing qualified applicants for the Library Board, which may include interviews with the Mayor, an ad hoc council subcommittee formed for that purpose, or setting of a special meeting with public interviews of those selected for interview. Each appointee to the Library Board shall be selected by a vote of the Mayor and entire City Council as provided in Charter section 304(b).
The commission is comprised of five (5) members who shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of the Charter, to serve without compensation. The term of service for this reappointment will be a four-year term.
2021-2025 Strategic Targets and Goals
The proposed appointment aligns with Key Strategic Goal 2: Focused, Aligned Leadership and Unified Community by making appointments to Mayor and City Council boards, commissions, and committees.
Fiscal Impact
No fiscal impact to City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the re-appointment of Ms. Valerie A. Lichtman to the Library Board.
Ms. Lichtman will serve with a term ending in May 2029. Council Office staff has verified the appointee is a registered voter within the City.
Attachments
Attachment 1 – Commission application – Valerie A. Lichtman Attachment 2 – Ordinance No. MC-1483
Attachment 3 – Chapter 2.27
Attachment 4 – Notice of Annual Vacancies – 03/15/25
Ward:
All Wards
Synopsis of Previous Council Actions:
April 18, 2018 Ordinance No. MC-1483 enacting San Bernardino Municipal Code Chapter 2.27 related to the “Library Board” was adopted.
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28 B. Applicants for membership on the Library Board of Trustees and all Board Members shall be adult residents and registered voters of the City of San Bernardino, and no member shall be an employee of the City or hold any other elected office in the City, while applying for or holding a membership seat on the Library Board of Trustees.
Members shall be appointed on the basis of demonstrated knowledge and experience in the area of library operations, fundraising, budget and personnel management, education, legal services, purchasing, or other areas which relate to the mission and purpose of the Board. Members shall commit to provide the best possible library services for the community. Appointments shall be made with consideration of community involvement, interpersonal and communication skills, geographical distribution of commissionersand diversity. The Mayor shall determine thetiming and manner of interviewing qualified applicants, which may include interviews with the Mayor, an adhoc council subcommittee formed for that purpose, or setting of a special meeting with public interviews of those selectedfor interview. Each appointee to the Library Board shall be selected by a vote of the Mayor and entire City Council as provided in Charter section 304( b). Removal of any member of the Library Board shall also be subject to Charter section 304( b). Members of the Library Board of Trustees shall serve without compensation.
2. 27. 020 Terms of Office
Each member of the Library Board of Trustees shall serve a four year term. Terms shall be staggeredso that threemembersareappointedin 2018 for a four yearterm and every four yearsthereafter, and two membersare appointedin 2018 for a two yearterm and every four years thereafter. The term of each member of the board shall continue until a successor has been appointed.
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28 2. 27. 030 Oath of Office
Prior to undertaking his or her duties as a member of the Library Board of Trustees, the member shall subscribeand file his or her official oath of office with the City Clerk.
2. 27.040 Meetings, Chair, Quorum and Attendance
The Library Board of Trustees shall meet at least once per month, with regular meetings scheduled by adopted rules or regulations, and special meetings as needed, to be posted and conducted in accordance with the Ralph M. Brown Act. A quorum of three of the board members is required to conduct any meeting. The Board shall elect a president and vice-president from among its members, and the president and vice-president shall serve for a term of two years. Any memberwho is absentfor three (3) consecutivemeetings, or in excess of four ( 4) meetings per year, excused or unexcused, may be subject to removal from the Board.
2.27.050 Reporting
The Library Board of Trustees shall provide a copy of its agenda, attachments and minutes, to the Mayor, City Council, City Manager, City Attorney and such other City officials as it may deem advisable. The Library Board of Trustees shall schedule, from time to time, agendaitems asrequestedby the City Manager for the purposeof discussingitems in closed or open session. The Library Department budget and all labor agreements shall be submitted to City Council for approval pursuant to Charter Sections 508 and 602.
2. 28. 060 Approval of Rules and Regulations
The Rules and Regulations of the Library Board of Trustees in effect at the time of adoption of this ordinance, copies of which Rules and Regulations are on file in the office of the City Clerk, are approvedfor enforcementpurposes. Subsequent amendments to the Rules 3 Packet Page. 22
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and Regulations approved by the Library Board shall be submitted to the City Council for approvalby resolution and shall be enforceablepursuant to this chapter.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies, is hereby repealed or modified to the extent necessaryto effect the provisions of this Ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty ( 30) days from and after the passagethereof, andprior to the expiration of fifteen ( 15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may causeto be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be postedin the office of the City Clerk five (5) daysprior to thedateof adoptionof this Ordinance, and within fifteen ( 15) days after adoption, the City Clerk shall cause to be published the aforementionedsummary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the namesof the members of the City Council voting for and against the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ENACTING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.27 RELATED TO THE " LIBRARY BOARD"
I HEREBY CERTIFY that the foregoing Ordinance was duly adoptedby the Mayor and City Council of the City of SanBernardino at ajoint regular meeting thereof, held on the 18a'
dayof April 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ
kBARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL XCS
ABSTAIN ABSENT
Georgea arena, CMC, City Clerk
The foregoing Ordinance is hereby approvedthis
18th
day of April 2018.
R. Carey Da4s, Mayor
City of Sari Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
5 Packet Page. 24
Packet Page. 25
Packet Page. 26
Packet Page. 27
NOTICE OF VACANCIES
The City of San Bernardino is currently accepting applications to fill the following vacancies:
Board, Commission, Committee Regular Meeting Time* Seats Available
Animal Control Commission 2nd Wednesday
4:00 PM 4
Arts and Historical Preservation Commission 3rd Monday
4:00 PM 4
Charter Review Committee As Needed / When Called 4
Downtown Advisory Committee (Temporary)
Note: Committee will dissolve when the General Plan is adopted As Needed / When Called 4 Elected Official Compensation Advisory Commission As Needed / When Called 6 General Plan Advisory Committee (Temporary)**
Note: Committee will dissolve when the General Plan is adopted As Needed / When Called 10 Library Board 2nd Tuesday
3:00 PM 3
Measure "S" Citizens Oversight Committee As Needed / When Called 5 Parks, Recreation, and Community Services Commission 3rd Thursday 4:00 PM 4
Planning Commission 2nd Tuesday
6:00 PM 4
Public Safety and Human Relations Commission 2nd Monday 6:00 PM 5
* Regular Meeting Times are subject to change based on Council action. ** Each ward receives one (1) voting seat and one (1) alternate for the General Plan Advisory Committee.
Applicants must be and remain a registered voter within the City and cannot be an employee of the City or hold any other elected office in the City. After an applicant has been nominated, they shall be appointed by at least five affirmative votes of the Mayor and City Council. The term of board, commission, and committee members shall coincide with the term of elected official of whom they were nominated, and members must be reappointed if serving for another term . Library Board members serve four year terms from date of appointment . Members may be replaced through the nomination and appointment of a new member at any time without need for formal removal action.
The application and additional information can be found online at:
https://www.sbcity.org/162/Boards-Commissions-Citizen-Advisory-Comm or by contacting the Council Office.
City of San Bernardino Council Office
(909) 384-5188 | [email protected]
Packet Page. 28
APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 21, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Library Board Re-Appointment of Carolyn A. Tillman (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the re-appointment of Ms. Carolyn A. Tillman to the Library Board.
Ms. Tillman will serve with a term ending in May 2029. Council Office staff has verified the appointee is a registered voter within the City.
Executive Summary
The approval of the re-appointment of Ms. Carolyn A. Tillman is requested. There is no fiscal impact to the city. Ms. Carolyn A. Tillman has served on the San Bernardino Library Board since June 21, 2004.
Background
The Library Board was established under Charter Section 602 and is responsible for providing adequate library services; appointing a Library Director; administering the Library budget allocated by the City Council; making and enforcing all rules and regulations applicable to library services; and administering such additional matters as may be determined by ordinance.
Section 2.27.010 A of the municipal code states that whenever any vacancy of the Library Board occurs for any reason, and at least 60 days prior to expiration of any Library Board of Trustee member’s term of office, a vacancy notice must be posted to enable qualified candidates to apply. A vacancy notice was posted on March 15, 2025, at the following locations:
Feldheym Library, 555 W. 6th St, San Bernardino, CA 92410 Villaseñor Branch Library, 525 N Mt. Vernon Ave, San Bernardino, CA 92411 Howard M Rowe Branch Library, 108 E Marshall Blvd, San Bernardino, CA 92404 Packet Page. 29
Section 2.27.010 B of the municipal code states that the Mayor shall determine the timing and manner of interviewing qualified applicants for the Library Board, which may include interviews with the Mayor, an ad hoc council subcommittee formed for that purpose, or setting of a special meeting with public interviews of those selected for interview. Each appointee to the Library Board shall be selected by a vote of the Mayor and entire City Council as provided in Charter section 304(b).
The commission is comprised of five (5) members who shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of the Charter, to serve without compensation. The term of service for this reappointment will be a four-year term.
2021-2025 Strategic Targets and Goals
The proposed appointment aligns with Key Strategic Goal No. 2: Focused, Aligned Leadership and Unified Community by making appointments to Mayor and City Council boards, commissions, and committees.
Fiscal Impact
No fiscal impact to City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the re-appointment of Ms. Carolyn A. Tillman to the Library Board.
Ms. Tillman will serve with a term ending in May 2029. Council Office staff has verified the appointee is a registered voter within the City.
Attachments
Attachment 1 – Commission application – Carolyn A. Tillman Attachment 2 – Ordinance No. MC-1483
Attachment 3 – Chapter 2.27
Attachment 4 – Notice of Annual Vacancies – 03/15/25
Ward:
All Wards
Synopsis of Previous Council Actions:
April 18, 2018 Ordinance No. MC-1483 enacting San Bernardino Municipal Code Chapter 2.27 related to the “Library Board” was adopted.
Packet Page. 30
Sail Bernardino
REC IVED
----------------
BOARDS, COMMISSIONS, & CmZEN ADVT� COUN '&19ffvt��
C • ••• n,._tlty of San B nh
OMMITIEES
BOARD(S), COMMISSION(S), AND/OR CJTIZFN ADVISORY COMMITTEE(S) APPLYJNC FOR:
1. San Bernardino City Library Board 3.
2. LASTNAME
Tillman
HOME ADDRESS
EMPWYFR
FIRST NAME
Carolyn
ZIP
92407
JOB TITLE
4. Retired San Bernardino County Supt Special Assistant to the Superintend( BUSINF.SS ADDRESS
NIA
DATE OF BIRTH
-
Length of residence in the Qty of
San Bernardino
45 Years--
Months --
ZIP
Aie you a registered voter of the City
of San Bernardino?
(!}Yes
QNo
Why you want to serve on a citv board or commission:
M.I.
A
PHONE
(HOME) NIA
EMAILADDRESS
BUSfNESS PHONE
Which ward do you reside in?
Qi 030507
02 0406
I wish to continue my service with the San Bernardino City Library Board to provide continuity and consistency of service to the public we serve. Our libraries provide free access to information, providing books, digital platforms and databases. A wide range of programs and services for all ages are offered throughout each month and available meeting space is made available for public meetings. The library is a source for those looking to increase their job skills and to seek employment; the library is that welcoming "third space" where people can make social connections and explore opportunities for growth and personal development. I am dedicated to insuring lhe security oflibraries in our city.
Board(s), Qxnmissi;m(s), & Ciiz.m AdviSOty Cot:nmite((s) App. P• 1 of 3 Updated: August 29, 2018 Packet Page. 31
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Sheena Felix
From:
Sent:
To:
Cc:
Subject:
Attachments:
Rebecca Lujan <[email protected]>
Wednesday, January 15, 2025 10:19 AM
Council
Ed Erjavek
Fw: S.B. City Board Application
S.B. City Board Application.pdf
Caution - This email originated from outside the City - Verify that the Email display name and Email address are consistent. - Use caution when opening attachments.
Good Morning,
Please see attached Library Board application update for Carolyn Tillman. Please let me know if you have any questions or concerns.
Have a great day,
Rebecca Lujan
Executive Assistant to Library Director
City of San Bernardino
Office: 555 West 6th Street
San Bernardino, California 9241 o
Office: 909-381-8209
[email protected]
From: Carolyn Tillman <[email protected]>
Sent: Wednesday, January 15, 2025 9:39 AM
To: Rebecca Lujan <[email protected]>
Subject: S.S. City Board Application
As per our conversation yesterday!
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28 B. Applicants for membership on the Library Board of Trustees and all Board Members shall be adult residents and registered voters of the City of San Bernardino, and no member shall be an employee of the City or hold any other elected office in the City, while applying for or holding a membership seat on the Library Board of Trustees.
Members shall be appointed on the basis of demonstrated knowledge and experience in the area of library operations, fundraising, budget and personnel management, education, legal services, purchasing, or other areas which relate to the mission and purpose of the Board. Members shall commit to provide the best possible library services for the community. Appointments shall be made with consideration of community involvement, interpersonal and communication skills, geographical distribution of commissionersand diversity. The Mayor shall determine thetiming and manner of interviewing qualified applicants, which may include interviews with the Mayor, an adhoc council subcommittee formed for that purpose, or setting of a special meeting with public interviews of those selectedfor interview. Each appointee to the Library Board shall be selected by a vote of the Mayor and entire City Council as provided in Charter section 304( b). Removal of any member of the Library Board shall also be subject to Charter section 304( b). Members of the Library Board of Trustees shall serve without compensation.
2. 27. 020 Terms of Office
Each member of the Library Board of Trustees shall serve a four year term. Terms shall be staggeredso that threemembersareappointedin 2018 for a four yearterm and every four yearsthereafter, and two membersare appointedin 2018 for a two yearterm and every four years thereafter. The term of each member of the board shall continue until a successor has been appointed.
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28 2. 27. 030 Oath of Office
Prior to undertaking his or her duties as a member of the Library Board of Trustees, the member shall subscribeand file his or her official oath of office with the City Clerk.
2. 27.040 Meetings, Chair, Quorum and Attendance
The Library Board of Trustees shall meet at least once per month, with regular meetings scheduled by adopted rules or regulations, and special meetings as needed, to be posted and conducted in accordance with the Ralph M. Brown Act. A quorum of three of the board members is required to conduct any meeting. The Board shall elect a president and vice-president from among its members, and the president and vice-president shall serve for a term of two years. Any memberwho is absentfor three (3) consecutivemeetings, or in excess of four ( 4) meetings per year, excused or unexcused, may be subject to removal from the Board.
2.27.050 Reporting
The Library Board of Trustees shall provide a copy of its agenda, attachments and minutes, to the Mayor, City Council, City Manager, City Attorney and such other City officials as it may deem advisable. The Library Board of Trustees shall schedule, from time to time, agendaitems asrequestedby the City Manager for the purposeof discussingitems in closed or open session. The Library Department budget and all labor agreements shall be submitted to City Council for approval pursuant to Charter Sections 508 and 602.
2. 28. 060 Approval of Rules and Regulations
The Rules and Regulations of the Library Board of Trustees in effect at the time of adoption of this ordinance, copies of which Rules and Regulations are on file in the office of the City Clerk, are approvedfor enforcementpurposes. Subsequent amendments to the Rules 3 Packet Page. 37
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and Regulations approved by the Library Board shall be submitted to the City Council for approvalby resolution and shall be enforceablepursuant to this chapter.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies, is hereby repealed or modified to the extent necessaryto effect the provisions of this Ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty ( 30) days from and after the passagethereof, andprior to the expiration of fifteen ( 15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may causeto be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be postedin the office of the City Clerk five (5) daysprior to thedateof adoptionof this Ordinance, and within fifteen ( 15) days after adoption, the City Clerk shall cause to be published the aforementionedsummary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the namesof the members of the City Council voting for and against the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ENACTING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.27 RELATED TO THE " LIBRARY BOARD"
I HEREBY CERTIFY that the foregoing Ordinance was duly adoptedby the Mayor and City Council of the City of SanBernardino at ajoint regular meeting thereof, held on the 18a'
dayof April 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ
kBARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL XCS
ABSTAIN ABSENT
Georgea arena, CMC, City Clerk
The foregoing Ordinance is hereby approvedthis
18th
day of April 2018.
R. Carey Da4s, Mayor
City of Sari Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
5 Packet Page. 39
Packet Page. 40
Packet Page. 41
Packet Page. 42
NOTICE OF VACANCIES
The City of San Bernardino is currently accepting applications to fill the following vacancies:
Board, Commission, Committee Regular Meeting Time* Seats Available
Animal Control Commission 2nd Wednesday
4:00 PM 4
Arts and Historical Preservation Commission 3rd Monday
4:00 PM 4
Charter Review Committee As Needed / When Called 4
Downtown Advisory Committee (Temporary)
Note: Committee will dissolve when the General Plan is adopted As Needed / When Called 4 Elected Official Compensation Advisory Commission As Needed / When Called 6 General Plan Advisory Committee (Temporary)**
Note: Committee will dissolve when the General Plan is adopted As Needed / When Called 10 Library Board 2nd Tuesday
3:00 PM 3
Measure "S" Citizens Oversight Committee As Needed / When Called 5 Parks, Recreation, and Community Services Commission 3rd Thursday 4:00 PM 4
Planning Commission 2nd Tuesday
6:00 PM 4
Public Safety and Human Relations Commission 2nd Monday 6:00 PM 5
* Regular Meeting Times are subject to change based on Council action. ** Each ward receives one (1) voting seat and one (1) alternate for the General Plan Advisory Committee.
Applicants must be and remain a registered voter within the City and cannot be an employee of the City or hold any other elected office in the City. After an applicant has been nominated, they shall be appointed by at least five affirmative votes of the Mayor and City Council. The term of board, commission, and committee members shall coincide with the term of elected official of whom they were nominated, and members must be reappointed if serving for another term . Library Board members serve four year terms from date of appointment . Members may be replaced through the nomination and appointment of a new member at any time without need for formal removal action.
The application and additional information can be found online at:
https://www.sbcity.org/162/Boards-Commissions-Citizen-Advisory-Comm or by contacting the Council Office.
City of San Bernardino Council Office
(909) 384-5188 | [email protected]
Packet Page. 43
APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 21, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Library Board Appointment of Danielle Sanchez (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Danielle Sanchez to the Library Board. Ms.
Sanchez will replace the seat left vacant with the resignation of Ms. Jennifer Grant.
Ms. Sanchez will serve with a term ending in May 2029. Council Office staff has verified the appointee is a registered voter within the City.
Executive Summary
The approval of the appointment of Ms. Danielle Sanchez is requested to fill the vacant seat due to the resignation of Ms. Jennifer Grant. There is no fiscal impact to the city. Ms. Sanchez was interviewed for the Library Board on April 3, 2025.
Background
The Library Board was established under Charter Section 602 and is responsible for providing adequate library services; appointing a Library Director; administering the Library budget allocated by the City Council; making and enforcing all rules and regulations applicable to library services; and administering such additional matters as may be determined by ordinance.
Section 2.27.010 A of the municipal code states that whenever any vacancy of the Library Board occurs for any reason, and at least 60 days prior to expiration of any Library Board of Trustee member’s term of office, a vacancy notice must be posted to enable qualified candidates to apply. A vacancy notice was posted on June 20, 2023, at the following locations:
Feldheym Library, 555 W. 6th St, San Bernardino, CA 92410 Villaseñor Branch Library, 525 N Mt. Vernon Ave, San Bernardino, CA 92411 Packet Page. 44
Howard M Rowe Branch Library, 108 E Marshall Blvd, San Bernardino, CA 92404 Section 2.27.010 B of the municipal code states that the Mayor shall determine the timing and manner of interviewing qualified applicants for the Library Board, which may include interviews with the Mayor, an ad hoc council subcommittee formed for that purpose, or setting of a special meeting with public interviews of those selected for interview. Each appointee to the Library Board shall be selected by a vote of the Mayor and entire City Council as provided in Charter section 304(b).
The commission is comprised of five (5) members who shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of the Charter, to serve without compensation. The term of service for this reappointment will be a four-year term.
2021-2025 Strategic Targets and Goals
The proposed appointment aligns with Key Strategic Goal 2: Focused, Aligned Leadership and Unified Community by making appointments to Mayor and City Council boards, commissions, and committees.
Fiscal Impact
No fiscal impact to City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Danielle Sanchez to the Library Board. Ms.
Sanchez will replace the seat left vacant with the resignation of Ms. Jennifer Grant.
Ms. Sanchez will serve with a term ending in May 2029. Council Office staff has verified the appointee is a registered voter within the City.
Attachments
Attachment 1 – Commission application – Danielle Sanchez Attachment 2 – Ordinance No. MC-1483
Attachment 3 – Charter 2.27
Attachment 4 – Notice of Annual Vacancies – 06-20-23
Ward:
All Wards
Synopsis of Previous Council Actions:
April 18, 2018 Ordinance No. MC-1483 enacting San Bernardino Municipal Code Chapter 2.27 related to the “Library Board” was adopted.
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28 B. Applicants for membership on the Library Board of Trustees and all Board Members shall be adult residents and registered voters of the City of San Bernardino, and no member shall be an employee of the City or hold any other elected office in the City, while applying for or holding a membership seat on the Library Board of Trustees.
Members shall be appointed on the basis of demonstrated knowledge and experience in the area of library operations, fundraising, budget and personnel management, education, legal services, purchasing, or other areas which relate to the mission and purpose of the Board. Members shall commit to provide the best possible library services for the community. Appointments shall be made with consideration of community involvement, interpersonal and communication skills, geographical distribution of commissionersand diversity. The Mayor shall determine thetiming and manner of interviewing qualified applicants, which may include interviews with the Mayor, an adhoc council subcommittee formed for that purpose, or setting of a special meeting with public interviews of those selectedfor interview. Each appointee to the Library Board shall be selected by a vote of the Mayor and entire City Council as provided in Charter section 304( b). Removal of any member of the Library Board shall also be subject to Charter section 304( b). Members of the Library Board of Trustees shall serve without compensation.
2. 27. 020 Terms of Office
Each member of the Library Board of Trustees shall serve a four year term. Terms shall be staggeredso that threemembersareappointedin 2018 for a four yearterm and every four yearsthereafter, and two membersare appointedin 2018 for a two yearterm and every four years thereafter. The term of each member of the board shall continue until a successor has been appointed.
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28 2. 27. 030 Oath of Office
Prior to undertaking his or her duties as a member of the Library Board of Trustees, the member shall subscribeand file his or her official oath of office with the City Clerk.
2. 27.040 Meetings, Chair, Quorum and Attendance
The Library Board of Trustees shall meet at least once per month, with regular meetings scheduled by adopted rules or regulations, and special meetings as needed, to be posted and conducted in accordance with the Ralph M. Brown Act. A quorum of three of the board members is required to conduct any meeting. The Board shall elect a president and vice-president from among its members, and the president and vice-president shall serve for a term of two years. Any memberwho is absentfor three (3) consecutivemeetings, or in excess of four ( 4) meetings per year, excused or unexcused, may be subject to removal from the Board.
2.27.050 Reporting
The Library Board of Trustees shall provide a copy of its agenda, attachments and minutes, to the Mayor, City Council, City Manager, City Attorney and such other City officials as it may deem advisable. The Library Board of Trustees shall schedule, from time to time, agendaitems asrequestedby the City Manager for the purposeof discussingitems in closed or open session. The Library Department budget and all labor agreements shall be submitted to City Council for approval pursuant to Charter Sections 508 and 602.
2. 28. 060 Approval of Rules and Regulations
The Rules and Regulations of the Library Board of Trustees in effect at the time of adoption of this ordinance, copies of which Rules and Regulations are on file in the office of the City Clerk, are approvedfor enforcementpurposes. Subsequent amendments to the Rules 3 Packet Page. 51
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and Regulations approved by the Library Board shall be submitted to the City Council for approvalby resolution and shall be enforceablepursuant to this chapter.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies, is hereby repealed or modified to the extent necessaryto effect the provisions of this Ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty ( 30) days from and after the passagethereof, andprior to the expiration of fifteen ( 15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may causeto be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be postedin the office of the City Clerk five (5) daysprior to thedateof adoptionof this Ordinance, and within fifteen ( 15) days after adoption, the City Clerk shall cause to be published the aforementionedsummary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the namesof the members of the City Council voting for and against the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ENACTING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.27 RELATED TO THE " LIBRARY BOARD"
I HEREBY CERTIFY that the foregoing Ordinance was duly adoptedby the Mayor and City Council of the City of SanBernardino at ajoint regular meeting thereof, held on the 18a'
dayof April 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ
kBARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL XCS
ABSTAIN ABSENT
Georgea arena, CMC, City Clerk
The foregoing Ordinance is hereby approvedthis
18th
day of April 2018.
R. Carey Da4s, Mayor
City of Sari Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
5 Packet Page. 53
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NOTICE OF VACANCIES
The City of San Bernardino is currently accepting applications to fill the following vacancies:
Board, Commission, Committee Regular Meeting Time* Seats Available
Animal Control Commission 2nd Wednesday
4:00 PM 4
Arts and Historical Preservation Commission 3rd Monday
4:00 PM 4
Charter Review Committee As Needed / When Called 4
Downtown Advisory Committee (Temporary)
Note: Committee will dissolve when the General Plan is adopted As Needed / When Called 4 Elected Official Compensation Advisory Commission As Needed / When Called 6 General Plan Advisory Committee (Temporary)**
Note: Committee will dissolve when the General Plan is adopted As Needed / When Called 10 Library Board 2nd Tuesday
3:00 PM 3
Measure "S" Citizens Oversight Committee As Needed / When Called 5 Parks, Recreation, and Community Services Commission 3rd Thursday 4:00 PM 4
Planning Commission 2nd Tuesday
6:00 PM 4
Public Safety and Human Relations Commission 2nd Monday 6:00 PM 5
* Regular Meeting Times are subject to change based on Council action. ** Each ward receives one (1) voting seat and one (1) alternate for the General Plan Advisory Committee.
Applicants must be and remain a registered voter within the City and cannot be an employee of the City or hold any other elected office in the City. After an applicant has been nominated, they shall be appointed by at least five affirmative votes of the Mayor and City Council. The term of board, commission, and committee members shall coincide with the term of elected official of whom they were nominated, and members must be reappointed if serving for another term . Library Board members serve four year terms from date of appointment . Members may be replaced through the nomination and appointment of a new member at any time without need for formal removal action.
The application and additional information can be found online at:
https://www.sbcity.org/162/Boards-Commissions-Citizen-Advisory-Comm or by contacting the Council Office.
City of San Bernardino Council Office
(909) 384-5188 | [email protected]
Packet Page. 57
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 21, 2025
To: Honorable Mayor and City Council Members
From: Telicia Lopez, Acting City Clerk
Department: City Clerk
Subject: Approval of Various Mayor and City Council Meeting Minutes (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:
1. December 4, 2024 Regular Meeting of the Mayor and City Council
2. January 8, 2025 Special Meeting of the Mayor and City Council
3. February 10, 2025 Special Meeting of the Mayor and City Council
4. April 8, 2025 Special Meeting of the Mayor and City Council Click or tap here to enter text.
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Packet Page. 58
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, DECEMBER 4, 2024
4:00 PM
The Regular Meeting was called to order at 5:48 PM by Mayor Helen Tran on Wednesday, December 4, 2024, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Perla Lopez Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Packet Page. 59
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 2 4:00 PM
At this time, the agenda was re-ordered by the Mayor Tran. The presentation was heard first, followed by public comments for items listed and not listed on the agenda, and lastly the consent calendar. Closed Session convened at the end of the meeting. 5:00 PM
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor August Smith from Truelight Community Fellowship led the Invocation and Amir Burrell, 3rd grade student from Central Elementary School led the Pledge of Allegiance to the Flag.
PRESENTATIONS
1. Presentation on Broadband Strategic Master Plan (All Wards) Chris Taylor and Alicia Gonzalez of Michael Baker International gave a presentation.
CITY MANAGER UPDATE
Acting City Manager Clayton gave an update on grant funding for homeless activities, providing a snapshot of grants awarded, applied for, and still pending. She stated that the information would be included in the meeting minutes and shared with the city council.
At this time, Public Information Officer Jeff Kraus provided city-wide updates on several recent events, including the 22nd Annual Spirit of the Entrepreneur awards, where four San Bernardino businesses won top honors, with Anita's Mexican Foods receiving the grand prize. Additionally, the Animal Shelter hosted a Thanksgiving event, serving over 300 dogs and a pig, and announced free adoptions for dogs in December. Nicholson Park’s $8.8 million renovation was progressing, with a completion expected by early spring. The Cross Street Bridge, deemed unsafe, was demolished and would be replaced by April 2025, alongside upgrades to the Fairfax Elementary playground. The upcoming Ho-Ho Parade from December 9-12 and new Chromebooks available for checkout at Feldheym Library were also discussed. Lastly, the Miracle on Court Street event, featuring various holiday activities, would begin the following evening.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Erick Marquez spoke on the San Bernardino Symphony Orchestra Guild concert on December 14, 2024, tickets were available online or at the Garcia Center.
James Smith shared positive feedback about the improvements happening in San Bernardino, particularly praising the efforts at Perris Hill Park and the Parks and Recreation Department. He thanked the city council for allocating funds to improve the city's streets. He mentioned the upcoming jubilee at San Bernardino High School. He also expressed admiration for the current superintendent of San Bernardino Unified School District, Mauricio Arellano. He concluded by commending the mayor and city council for their efforts in moving the city forward and encouraging a positive outlook for the future of San Bernardino.
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Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 3 Jim Dettman representative from Veterans Alcoholic Rehabilitation Program (VARP) Incorporation, spoke in support of item 4. He highlighted their long-standing work in addiction and mental health treatment in San Bernardino. He emphasized the need for long-term, comprehensive solutions to homelessness and urged the council to approve the grant and related agreements.
Treasure Ortiz read a letter from the Ontario Police Chief expressing serious concerns over Councilmember Sanchez’s actions. She emphasized the need for accountability and real solutions to homelessness in San Bernardino.
Luis Ojeda spoke on ongoing political games in San Bernardino, urged an end to special interest influence, and called for unity and focus on the city’s future. He also addressed a past false accusation by a councilmember but chose not to take legal action out of care for the city.
Mike Hartley spoke on councilmembers for complaining about $17 million being lost while pointing out past large payout to former city managers and officials, totaling over a million dollars. He also mentioned uncovering more issues in the future.
Georgia L. questioned the unexplained drop in animal euthanizations and lack of transparency in animal services. She also spoke on the city’s inaction on homelessness, called for better leadership, and urged reforms focused on accountability and humane practices.
Al Palazzo expressed a desire to rebuild San Bernardino, recalling childhood memories and suggesting the Harris building be offered to the Stanley family for revitalization. He stressed the importance of creative redevelopment ideas and shared personal influences on his views, hoping to contribute to the city's future.
Albert Hopkins praised the cleanup of Perris Hill Park but pointed out increased homelessness nearby and poor lighting. He also spoke on the condition of local streets, particularly Waterman Avenue, and urged the city to properly pave roads and improve the overall image of the area.
Lydia Savala spoke about the Animal Shelter running out of microchips. She also spoke on the shelter for using grant money and relying on rescue groups. She suggested a volunteer-run shelter might be more effective.
Felicia Alexander, board member of San Bernardino City Unified, thanked the community for supporting the 10 th annual San Bernardino Turkey Trot. She also highlighted the event’s growing traditions, community involvement, and new fundraising efforts. She also praised her husband, Councilmember Damon Alexander, for his service and integrity.
L'Rea Robinson spoke on the city ignoring code violations, poor housing conditions, and rising rents. She also urged the city to better address the homelessness and use existing resources.
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Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 4 Jeremy Perez, a Valley College student, urged the city to protect undocumented residents by becoming a sanctuary city and criticized the removal of homeless individuals from parks, calling it inhumane.
Albert Gutierrez unhoused resident urged the city to prioritize housing over temporary beds, questioned how navigation center resources would be allocated, and called for accountability and proper use of funds to truly address homelessness.
Shaun Martinez read a letter from Randy Corrigan from Teamsters Local 1932 and expressed concern about the Police Department’s treatment of community events and peaceful protests. He highlighted issues during their car show, where vendors and participants were harassed despite having permits. He called for a labor liaison to educate officers on labor rights and avoid further conflicts, emphasizing the importance of community collaboration and the need to address unfair treatment.
Carmen Gallegos new resident in the city, expressed frustration with the city's neglect of infrastructure, such as the delayed repair of sidewalks. She spoke on the misuse of resources and unsafe practices, highlighting concerns about fireworks, crime, and the handling of events involving alcohol and cannabis. She proposed using city spaces for housing to address street issues and suggested creating a safer environment for the community.
Less spoke on the city's leadership for mishandling the bankruptcy and the actions of current and former officials. He called for a forensic audit and greater transparency, expressing disappointment over decisions like the Dollar General in Ward 7. He also demanded an investigation into a past incident and urged new council members to implement meaningful changes to address ongoing voting issues.
Malibu thanked Councilmember Calvin for her contributions to San Bernardino, particularly Nicholson Park, and praised city departments for their efforts in cleaning up Perris Hill Park. She acknowledged ongoing challenges, especially homelessness, and emphasized the need for better solutions and more effective use of funds. She expressed hope for future change and continued support for the city.
At this time, City Clerk Rocha announced that written correspondence had also been received from Paula Plunk and Cheyenne Ofo-ob.
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.
RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 2 AND 5 FOR A SEPARATE VOTE [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
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Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 5
2. Accept Grant Funds from Best Friends Animal Society
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-228:
1. Authorizing the City Manager to accept grant funds from Best Friends Animal Society; and
2. Authorizing the Director of Finance and Management
Services to amend the Fiscal Year 2024/25 budget to
appropriate $2,000 in both revenues and expenditures for animal shelter programs and services.
This item was pulled by Councilmember Alexander. He expresseed concern after hearing that 12,000 microchips were gone. He referenced a $2,000 grant mentioned in backup materials, suggesting it could be used to purchase more microchips. He also emphasized the importance of timely reporting on how the grant funds were used.
Director of Animal Services, Kris Watson, clarified that the information about microchips being unavailable was incorrect. She confirmed that microchips were in stock and additional ones would be ordered, with some donated as well. The shelter chips not only adopted animals but also those returning home, processing around 6,000 dogs and cats annually. They also host free microchipping events for pets, including those of the unhoused, and plans to provide a report to the city manager.
RESULT: ADOPTED RESOLUTION NO. 2024-228 [7-0]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
3. Regional Partnership Amendment No. 1 to Modular Office Building Purchase for Animal Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-229:
1. Authorizing the City Manager to Execute Amendment # 1 to the Goods Purchase Agreement with William Scotsman, Inc. in the amount of $13,132.62 to accommodate a price adjustment to include prevailing wages on the purchase of a modular building for Animal Services, and
2. Authorizing the Director of Finance and Management Services to amend the purchase order to William Scotsman, Inc., in an amount not to exceed $440,000.00.
Packet Page. 63
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 6 RESULT: ADOPTED RESOLUTION NO. 2024-229 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
4. Acceptance of the Encampment Resolution Fund Grant from the California Department of Housing and Community Development in the amount of $4,569,511 for a 5.2-mile prioritized encampment area along Waterman Avenue
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2024 -230 of the Mayor and City Council of the City of San Bernardino, approving the acceptance of the Encampment Resolution Fund Round 3 (ERF -3-R) Grant from the California Department of Housing and Community Development (HCD) in the amount of $4,569,511; and
2. Ratify the execution of the Encampment Resolution Fund Round 3 (ERF-3-
R) Standard Agreement between the City of San Bernardino and HCD; and
3. Authorize the Director of Finance and Management Services to amend the FY 2024/25 Adopted Budget for the ERF-3-R Program by appropriating
$4,569,511 in both revenues and expenditures; and
4. Approve the addition of the ERF -3-R grant -funded positions: one (1) Homeless Outreach Coordinator, three (3) Homeless Outreach Specialists, and one (1) part-time Homeless Outreach Specialist.
5. Authorize the City Manager or designee to enter into direct agreements with VARP, Inc. for interim housing services ($771,600) and prevention/diversion services ($100,000), and with Community Action Partnership for mobile shower and laundry services ($450,000).
6. Authorize the City Manager or designee to take any further actions or execute any agreements or documents necessary to administer the ERF-3- R
RESULT: ADOPTED RESOLUTION NO. 2024-230 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
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Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 7
5. Professional Services Agreement with Tetra Growth Systems dba Canna Business Services for Cannabis Monitoring and Financial Audit Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-231 authorizing:
1. The City Manager, or designee, to execute a Professional Services Agreement with Tetra Growth Systems dba Canna Business Services for Cannabis Monitoring and Financial Audit Services for an amount not to exceed $362,316, and execute all documents to effectuate the Agreement for the term beginning January 1, 2025 and ending December 31, 2027 ; and
2. The City Manager, or designee, to execute the two (2) optional one (1) year extensions with an amount each year not to exceed $120,772.’ Councilmember Calvin pulled this item. There was a discussion amongst councilmembers and staff. Councilmembers raised concerns about the city’s cannabis tax revenue, questioning if it aligned with the number of licenses issued. They were unsure about the accuracy of previous reports and sought clarification on what to expect from a new vendor once the current contract ended. The discussion highlighted the difficulty in tracking cannabis tax revenues due to varying operator sales. The new vendor, hired to monitor compliance and audit sales, was expected to provide a schedule for audits in 2025. The council expressed frustration over the lack of quarterly reports, requesting more frequent updates to ensure proper regulation. The issue of selecting the final cannabis licensee was also discussed, with plans to address it in January.
RESULT: ADOPTED RESOLUTION NO. 2024-231 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
6. Professional Services Agreement with Gallagher Benefit Services, Inc. for Classification and Compensation Study Services Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Professional Services Agreement with Gallagher Benefit Services, Inc. for classification and compensation study services.
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Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 8 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
7. Acceptance and Approval of Modernization of Older Californians Act/Nutrition Services Grant Award FY 2024/25 (All Wards) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-232:
1. Authorizing the City Manager or designee to accept grant award funds in the amount of $99,900 from the San Bernardino County Department of Adult and Aging Services – Public Guardian Modernization of Older Californians Act (MOCA)/Nutrition Services Grant; and
2. Authorizing the City Manager or designee to conduct all negotiations, signing, and submitting necessary documents to receive the grant award funds; and
3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $99,900 in grant award funds to be used towards intergenerational activities and infrastructure improvements.
RESULT: ADOPTED RESOLUTION NO. 2024-232 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
8. Accept the FY 2024/2025 Tobacco Grant (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-233 authorizing:
1. The City Manager to accept the FY 2024/25 Department of Justice Tobacco Grant by signing the Memorandum of Understanding (MOU) from the Department of Justice (DOJ).
2. The Interim Director of Finance and Management Services to amend the FY 2024/25 budget by appropriating $301,015 in grant funds in both revenue and expenditures.
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Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 9 RESULT: ADOPTED RESOLUTION NO. 2024-233 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
9. Execute a Third Amendment to the San Manuel Community Credit Fund Restricted Grant Agreement for Police Services (Wards 2,3,4,7) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-234 authorizing:
1. The City Manager to execute a 3rd Amendment to the San Manuel Community Credit Fund Restricted Grant Agreement entering into a police services agreement until December 31, 2028.
2. The Interim Director of Finance and Management Services to amend the adopted FY 24/25 budget for the amount of $2,086,620 in revenues and expenditures.
3. Authorize the Police Department to increase staffing by one (1) Police Sergeant position and two (2) Police Officer positions.
RESULT: ADOPTED RESOLUTION NO. 2024-234 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
Packet Page. 67
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 10
10. Award of Agreement for Construction of Seccombe Lake Park Revitalization Improvements Project with Landscape Support Services and approval of Task Order Number 001 for Construction Management and Inspection Services with CSG Consultants, Inc. (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the award of an Agreement Landscape Support Services in the amount of $10,539,509.65 for the Construction of the Seccombe Lake Park Revitalization (Project); and
2. Approve Task Order Number 001 with CSG Consultants, Inc., in the amount of $700,305.00 for construction management and inspection services for the project; and
3. Authorize the project construction contingencies, professional services contingencies, and administrative costs in the amount of $1,092,721.60 for construction of the Project; and
4. Authorize the City Manager or designee to execute all documents with Landscape Support Services necessary to carry out the Project; and
5. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the Project.
6. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
Packet Page. 68
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 11
DISCUSSION
11. Acceptance of Donations for the SB HOPE Campus
Recommendation:
1. Approve the acceptance of donations from Loma Linda University Health (LLUH) in the amount of $70,000, from Inland Empire Health Plan (IEHP) in the amount of $1.5 million, and from Molina Healthcare in the amount of $300,000 to support the construction and/or operation of the SB HOPE Campus.
2. Adopt Resolution No. 2024-xxx; and authorize the Director of Finance to amend the FY 2024/2025 Operating Budget to both revenues and expenditures and the creation of a fund to track all donations.
3. Authorize the City Manager or designee to accept future donations on behalf of the City Council for the SB HOPE Campus to support the shelter's ongoing operations and services.
4. Authorize the City Manager or designee to execute all necessary documents related to accepting and utilizing these donations.
Deputy Director of Housing and Homelessness, Cassandra Searcy gave the presentation.
Councilmembers asked staff how the money was going to be used.
Deputy Director of Housing and Homelessness Searcy explained that Loma Linda University Hospital and IEHP donated a total of $1,570,000 to support the city’s navigation and recuperative care center project. The donation was driven by their confidence in the project, the city's high homeless population, and the healthcare costs associated with that community. The funds were designated specifically for completing the center, not for guaranteeing recuperative care beds. Once operational, a care provider would use separate funding and Medi-Cal reimbursements to cover those costs.
Council Member Ibarra left the dais at 7:40 PM and returned at 7:48 PM. She was not present for the vote on Item No. 11.
RESULT: ADOPTED RESOLUTION NO. 2024-235 [6-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra
Packet Page. 69
Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 12 Navigation Center - Award Design Services and Purchase Agreement with Mandeville Modular for Site Design, Modular Design, and Purchase of Modular Units and Award Professional Services Agreement with CREDE Construction Advisory for Development Management Services (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve an Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular in the amount of $10,093,027 (which includes a 15% contingency); and
2. Authorize the Director of Finance and Management Services to issue a Purchase Order in an amount not to exceed $10,093,027 to Mandeville Modular ; and
3. Approve a Professional Services Agreement with CREDE Construction Advisory in the amount of $1,091,148 for Development Management Services of the Navigation Center; and
4. Authorize the Director of Finance and Management Services to issue a Purchase Order in an amount not to exceed $1,091,148 to CREDE Construction Advisory; and
5. Authorize the City Manager, or designee, to execute the Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular and the Professional Services Agreement with CREDE Construction Advisory.
ITEM WAS PULLED BY ACTING CITY MANAGER CLAYTON, NO ACTION WAS TAKEN
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included attending the National League of Cities conference in Tampa, Florida, where they toured a shelter serving over 300 people annually for $1.9 million. Other council members highlighted community events, including the Turkey Trot, upcoming tree lighting, and the HoHo Parade. Council Member Alexander reflected on the Cal State San Bernardino shooting anniversary and advocated for an official city remembrance.
Several members honored community figures who had recently passed and praised city staff for their continued hard work.
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Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 13
ADJOURNMENT
The Regular Meeting of the Mayor and City Council was adjourned on Wednesday, December 5, 2024, at 7:57 PM. The meeting adjourned in memory of Minnie Lee White and Daniel Castro and a moment of silence was observed.
Closed Session was called to order at 7:57 PM by Mayor Helen Tran on Wednesday, December 4, 2024, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L. Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Perla Lopez Deputy City Clerk Present
CLOSED SESSION PUBLIC COMMENT
Georgia L. spoke on her concerns about the withheld public records and questionable legal advice given to the mayor. She urged the council to end the attorney’s contract, citing a duty to act in the city’s best interest.
Before entering closed session, Mayor Tran stated that she was bringing back an item regarding the termination of the city attorney's contract, which had previously been tabled by the council on November 20, 2024. She noted that the city attorney had acknowledged a conflict of interest and announced that she had requested the city manager to retain independent counsel with Brown Act expertise to ensure compliance during the process.
Mayor Pro Tem Shorett stated that the mayor did not have the authority to direct the hiring of outside counsel and accused both the mayor and city manager of going against a supermajority of the council that had previously voted not to discuss the city attorney’s termination. He also corrected a claim that the current law firm BB&K had been with the city since 2008, clarifying that the city had an elected attorney until the charter changed in 2016.
At 8:05 p.m. the Mayor and City Council convened into closed session.
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Regular Meeting Draft Minutes December 4, 2024
Mayor and City Council of the City of San Bernardino Page 14
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Maria Segura, Individually and as Successor in Interest to Nicholas Segura, deceased et al. v. City of San Bernardino , United States District Court Case No. 5:22-cv-00277-JGB-SP and United States Court of Appeals for Ninth District Case No. 24-2445
ii.) Brian Gonzalez v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2402471
iii.) Maria Munoz v. City of San Bernardino , San Bernardino Superior Court Case No.
CIVSB2321082
iv.) Livier Coronel v. City of San Bernardino, et al., United States District Court Case No. 5:23-cv-01030-JGB-SP
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d) (2)).
One case: Notice of Claim, Jorge Cardoso, dated April 2, 2024, Claim No.
GHC0068326.
C) PUBLIC EMPLOYEE DISMISSAL (PURSUANT TO GOVERNMENT
CODE SECTION 54957) – Mayor’s Request
Title: City Attorney
D) PUBLIC EMPLOYEE APPOINTMENT (PURSUANT TO GOVERNMENT
CODE SECTION 54957) – Mayor’s Request
Title: Interim City Attorney
CLOSED SESSION REPORT
Mayor Helen Tran stated there was reportable action from Closed Session. The City Council voted 6 to 1, (Mayor Pro-Tem Shorett voted in opposition), to hold a Special Meeting to have David Green Consulting facilitate the evaluations for the City Attorney, City Manager, and City Clerk.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, December 4, 2024, at 9:18 PM.
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, December 18, 2024, in the Council Chamber located at 555 West 6 th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 PM and Open Session will begin at 5:00 PM.
By: Telicia Lopez
Telicia Lopez, CMC, Acting City Clerk
Packet Page. 72
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, JANUARY 8, 2025
5:30 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:31 PM by Mayor Helen Tran on Wednesday, January 8, 2025 at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Present
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Perla Lopez Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz
Packet Page. 73
Special Meeting Draft Minutes January 8, 2025
Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.
PLEDGE OF ALLEGIANCE
Mayor Pro-Tem Juan Figueroa led the Pledge of Allegiance to the Flag.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Christian T. Shaughnessy spoke in support of Rochelle Clayton, highlighting her years of competent work and stating it would be great to have her serve as city manager.
Carlos Gonzalez, Teamsters Local 1932, urged the council to appoint a permanent city manager, stressing that leadership and stability was essential for upcoming contract negotiations, employee morale, and overall city progress.
Kimberly Calvin, former council member, urged the council to prioritize stability by appointing Acting City Manager Clayton permanently, citing her effective service. She criticized past leadership decisions and warned that continued dysfunction would harm the city, and that the council would be held accountable.
At 5:39 PM the Mayor and City Council convened into closed session.
CLOSED SESSION
A) PUBLIC EMPLOYEE APPOINTMENT (PURSUANT TO GOVERNMENT CODE SECTION 54957)
Title: City Manager (Process)
CLOSED SESSION REPORT
City Attorney Sonia Carvalho announced there was no reportable action from Closed Session.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, January 8, 2024, at 3:56 p.m.
The next joint regular meeting of the Mayor and City Council and Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, January 15, 2025, at the Feldheym Central Library located at 555 West 6 th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 PM and Open Session will begin at 5:00 PM.
By: Telicia Lopez
Telicia Lopez, CMC, Acting City Clerk
Packet Page. 74
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
MONDAY, FEBRUARY 10, 2025
5:30 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:31 PM by Mayor Helen Tran on Monday, February 10, 2025, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Late 5:32 PM
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Late 5:36 PM
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Albert Maldonado Assistant City Attorney Present
Genoveva Rocha City Clerk Present
Perla Lopez Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz
Packet Page. 75
Special Meeting Draft Minutes February 10, 2025
Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.
PLEDGE OF ALLEGIANCE
Council Member Treasure Ortiz led the Pledge of Allegiance to the Flag.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
There were no public comments.
At this time there was a discussion on agenda item B. Council Member Flores asked for clarification on the topic of discussion. It was confirmed that a consultant would be joining the meeting as a follow-up to prior discussions on goal setting and feedback.
Council Member Ortiz questioned whether a publicly approved contract was needed before engaging the consultant and why the item wasn't agendized as it had been previously. It was clarified that an executed contract existed under the city clerk's signing authority, which did not require Council approval due to its value being under $50,000. Concerns were expressed about whether the proper procurement process was followed and if the correct staff member had been authorized to execute the contract.
Assistant City Attorney Maldonado confirmed that no missteps had been made and suggested the Council begin closed session without the consultant to further address concerns.
At 5:44 PM the Mayor and City Council convened into closed session.
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION (Pursuant to Government Code Section 54956.9(d)(2)): One Case
B) PUBLIC EMPLOYEE APPOINTMENT (PURSUANT TO GOVERNMENT CODE SECTION 54957)
Title: City Manager
CLOSED SESSION REPORT
Assistant City Attorney Albert Maldonado announced that the Mayor and City Council appointed Tanya Romo as the new Acting City Manager effective immediately, the motion was made by Councilwoman Ortiz and second by Mayor Pro-Tem Figueroa and the vote was unanimous.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, January 8, 2024, at 9:18 p.m.
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, February 19, 2025, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m., and Open Session will begin at 5:00 p.m.
By: Telicia Lopez
Telicia Lopez, CMC, Acting City Clerk
Packet Page. 76
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
TUESDAY, APRIL 8, 2025
5:30 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor Helen Tran on Tuesday, April 8, 2025, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Late 5:50 PM
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Present
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Albert Maldonado Assistant City Attorney Present
Telicia Lopez Acting City Clerk Present
Perla Lopez Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz
Packet Page. 77
Special Meeting Draft Minutes April 8, 2025
Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.
PLEDGE OF ALLEGIANCE
Mayor Pro-Tem Juan Figueroa led the Pledge of Allegiance to the Flag.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Less expressed frustration over the ongoing search for a city manager, stating past candidates were unqualified or involved in misconduct. He urged the Mayor and City Council to break the pattern of appointing problematic managers and to select a capable leader who could help the city move forward.
Mayor Tran noted for the record that the closed session item regarding the public employee appointment under the Government Code Section 54957 was specifically for a city manager interview, and that future special meetings would reflect this more clearly.
At 5:33 PM the Mayor and City Council convened into closed session.
CLOSED SESSION
A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager
CLOSED SESSION REPORT
Assistant City Attorney Albert Maldonado stated that there was no reportable action.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Tuesday, April 8, 2025, at 8:52 PM.
The next joint Special meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Thursday, April 10, 2025, at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 PM.
By: Telicia Lopez
Telicia Lopez, CMC, Acting City Clerk
Packet Page. 78
2 6
7 2
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 21, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Joshua Dramitinos, Acting Director of Economic Development Department: Economic Development
Subject: Irrevocable Agreement to Annex No. 2025-382 (Ward 4) Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2025-287, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 912 Melrose Drive, San Bernardino, California, within the unincorporated territory of Arrowhead Farms of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Executive Summary
In January 2025, the San Bernardino Municipal Water Department received a request for sewer service from the owners of a parcel located at 912 Melrose Drive (APN: 0265- 171-37) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection. The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 8-inch vitrified clay pipe sanitary sewer main within Melrose Drive, fronting the subject parcel and the department can serve this parcel.
Background
In January 2025, the San Bernardino Municipal Water Department received a request for sewer service from the owners of a parcel located at 912 Melrose Drive (APN: 0265- 171-37) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection.
In 1994, the California Government Code Section was amended by the addition of Packet Page. 79
2 6
7 2
Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands.
In September of 1997 the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement.
The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future.
Discussion
The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 8-inch vitrified clay pipe sanitary sewer main within Melrose Drive, fronting the subject parcel and the department can serve this parcel.
LAFCO requires the Agency providing the service to complete the application. The resolution will allow the city to submit an application to LAFCO if approved by Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant.
2021-2025 Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Economic Growth & Development - Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area.
Fiscal Impact
There is no fiscal impact associated with this action. The $1,300 sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2025-287, approving the application to the Local Agency Formation Packet Page. 80
2 6
7 2
Commission to provide City sewer services to a property located at 912 Melrose Drive, San Bernardino, California, within the unincorporated territory of Arrowhead Farms of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Attachments
Attachment 1 - Resolution No. 2025 -287
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map
Attachment 4 - Exhibit C - Application
Ward:
Fourth Ward
Synopsis of Previous Council Actions:
September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries.
Packet Page. 81
Resolution No. 2025-287
Resolution No. 2025-287
May 21, 2025
6 8
5 0
RESOLUTION NO.2025-287
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY
SEWER SERVICES TO A PROPERTY LOCATED WITHIN
THE UNINCORPORATED TERRITORY AT 912 MELROSE
DRIVE, SAN BERNARDINO, CALIFORINA, (APN 0265-171-
37) WITHIN THE UNICORPORATED AREA OF
ARROWHEAD FARMS OF SAN BERNARDINO COUNTY;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
IRREVOCABLE AGREEMENT TO ANNEX
WHEREAS, Abraham Alonso Ruiz And Erica Torress Ruiz, Trustee(S) Of The A And E Family Trust, Dated 8/16/2023, the owner of the property located at 912 Melrose Drive, San Bernardino, California, in the unincorporated area known as Arrowhead Farms, also known as Assessor’s Parcel Number 0265-171-37, has requested connection to the City of San Bernardino’s sewage system; and
WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 912 Melrose Drive, Assessor’s Parcel Number 0265-171-37, more fully described as follows:
Packet Page. 82
Resolution No. 2025-287
Resolution No. 2025-287
May 21, 2025
6 8
5 0
L O T 1 1 O F T R A C T N O . 1 3 9 4 4 I N T H E C O U N T Y
O F S A N B E R N A R D I N O , S T A T E O F C A L I F O R N I A A S P E R M A P O N F I L E I N B O O K 2 4 1 P A G E S 3 5 A N D 3 6 O F M A P S , I N T H E O F F I C E O F T H E C O U N T Y R E C O R D E R O F S A I D C O U N T Y .
A P N : 0 2 6 5 - 1 7 1 - 3 7 - 0 0 0 0
SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2025-382, a copy of which is attached as Exhibit “A”.
SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of May 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 83
Resolution No. 2025-287
Resolution No. 2025-287
May 21, 2025
6 8
5 0
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. 2025-287, adopted at a regular meeting held on the 21 st day of May 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 22nd day of May 2025.
Telicia Lopez, CMC, Acting City Clerk
Packet Page. 84
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
IRREVOCABLE AGREEMENT TO ANNEX
No. 2025-382
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 21st day of May, 2025; by and between Abraham Alonso Ruiz And Erica Torres Ruiz, Trustee(S) Of The A And E Family Trust, Dated 8/16/2023, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the one parcel, APN 0265-171-37-0000, located at 912 Melrose Drive, San Bernardino, California, and parcel is further described as follows:
L O T 1 1 O F T R A C T 1 3 9 4 4 I N T H E C O U N T Y O F
S A N B E R N A R D I N O , S T A T E O F C A L I F O R N I A A S P E R M A P O N F I L E I N B O O K 2 4 1 P A G E S 3 5 A N D 3 6 O F M A P S , I N T H E O F F I C E O F T H E C O U N T Y R E O C R D E R O F S A I D C O U N T Y .
A P N : 0 2 6 5 - 1 7 1 - 3 7 - 0 0 0 0
WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon t h e OWNER, heirs, successors and assigns.
NOW, THEREFORE, the Parties hereto agree as follows:
Packet Page. 85
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-382 LAFCO SC # _____ Packet Page. 86
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-382 LAFCO SC # _____ SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system.
f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successors failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may Packet Page. 87
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-382 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the Packet Page. 88
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-382 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.
Packet Page. 89
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-382 LAFCO SC # _____
SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
__________________________________ _______________________________ Bill Gallardo Signature
Interim City Manager
Abraham Alonso Ruiz, trustee_ _____
Name
__________________________________
City Attorney
_____________________________ __
Signature
Attested By:
Erica Torres Ruiz, trustee
Name
__________________________________
Telicia Lopez
CMC, Acting City Clerk
Packet Page. 90
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-382 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal) Packet Page. 91
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-382 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal) Packet Page. 92
EXHIBIT B
Vicinity Map
Annex 2024-382 (Ward 4)
Packet Page. 93
APPLICATION FOR SEWER SERVICES
OUTSIDE OF CITY BOUNDARIES
To: City of San Bernardino
Community and Economic Development Real Property Section 201 N. “E” Street – 3rd Floor, San Bernardino, CA 92418 (909) 384-5366 / [email protected]
This application is hereby submitted to the City of San Bernardino, to initiate proceedings for the connection to the City Sewer System from my property, which is located outside the boundaries of the City of San Bernardino pursuant to establis hed City policies, a copy of whic h I have received and read, and Government Code Section 56133. I understand that a $1,300.00 non-refundable processing fee is due at the time this application is submitted. I further understand th at prior to the City submitting an application to the Local Agency Formation Commission (LAFCO), I will be required to deposit any applicable LAFCO fees with the City (or to be paid directly to LAFCO). Additi onal LAFCO fees may be due at the conclusion of the proceedings, which I will be required to pay. I may request a waiver of these fees from LAFCO, based upon an immediate health and safety issue. In the event that the waiver of all or a portion of the LAFCO fees is granted by LAFCO, the waived amount will be refunded. I also understand that I will be required to execute an “Irrevocable Agreement to Annex” in the event that my property may be subj ect to Annexation into the City of San Bernardino at some future time, if this application is approved. I further understand that sewer capacity and hook-up fees to the City will be due prior to permit processing. This application is be ing submitted with the understanding that approval is not guaranteed.
Please submit this application with proof of own ership (Copy of Deed, Title Policy, etc.) along with processing fee of $1,300.00 and plat map showing location of property.
Property Owner(s):
Mailing Address:
Property Address:
Assessor’s Parcel No(s): Tel. No.:
[ ] Existing Development: [ ] New Development:
[ ] Residential (Single Family). No. Bedrooms: [ ] Residential (Single Family) No. Bedrooms [ ] Residential (multi family). Describe: [ ] Residential (multi-family). Describe:
[ ] Commercial/Industrial. Describe: [ ] Commercial/Industrial. Describe:
Note: For new development and/or additions, please provide a copy of the site-plan along with a copy of development permit application, if any, filed with the County of San Bernardino.
Additional Comments:
[ ] I request a waiver of LAFCO fees based upon the following health and safety urgency:
Date:
Signature(s)
FOR CITY USE ONLY
Received on: by: Receipt No.:
Nearest sewer main:
CITY FEES:
Filing: $ 1,300.00 Comments:
Capacity:
Connection:
Inspection:
TOTAL: $
Rev. 12/2011
Packet Page. 94
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-383 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal) Packet Page. 95
EXHIBIT B
Vicinity Map
Annex 2025-383 (Ward 6)
Packet Page. 96
APPLICATION FOR SEWER SERVICES
OUTSIDE OF CITY BOUNDARIES
To: City of San Bernardino
Community and Economic Development Real Property Section 201 N. “E” Street – 3rd Floor, San Bernardino, CA 92418 (909) 384-5366 / [email protected]
This application is hereby submitted to the City of San Bernardino, to initiate proceedings for the connection to the City Sewer System from my property, which is located outside the boundaries of the City of San Bernardino pursuant to establis hed City policies, a copy of whic h I have received and read, and Government Code Section 56133. I understand that a $1,300.00 non-refundable processing fee is due at the time this application is submitted. I further understand th at prior to the City submitting an application to the Local Agency Formation Commission (LAFCO), I will be required to deposit any applicable LAFCO fees with the City (or to be paid directly to LAFCO). Additi onal LAFCO fees may be due at the conclusion of the proceedings, which I will be required to pay. I may request a waiver of these fees from LAFCO, based upon an immediate health and safety issue. In the event that the waiver of all or a portion of the LAFCO fees is granted by LAFCO, the waived amount will be refunded. I also understand that I will be required to execute an “Irrevocable Agreement to Annex” in the event that my property may be subj ect to Annexation into the City of San Bernardino at some future time, if this application is approved. I further understand that sewer capacity and hook-up fees to the City will be due prior to permit processing. This application is being submitted with the understanding that approval is not guaranteed.
Please submit this application with proof of own ership (Copy of Deed, Title Policy, etc.) along with processing fee of $1,300.00 and plat map showing location of property.
P r o p e r t y O w n e r ( s ) :
M a i l i n g A d d r e s s :
P r o p e r t y A d d r e s s :
A s s e s s o r ’ s P a r c e l N o ( s ) : T e l . N o . :
[ ] Existing Development: [ ] New Development:
[ ] Residential (Single Family). No. Bedrooms
: [ ] Residential (Single Family) No. Bedrooms
[ ] Residential (multi family). Describe: [ ] Residential (multi-family). Describe:
[ ] Commercial/Industrial. Describe: [ ] Commercial/Industrial. Describe:
Note: For new development and/or additions, please provide a copy of the site-plan along with a copy of development permit ap
plication, if any, filed with the County of San Bernardino.
A d d i t i o n a l C o m m e n t s :
[ ] I request a waiver of LAFCO fees based upon the following health and safety urgency:
D a t e :
S i g n a t u r e ( s )
FOR CITY USE ONLY
Received on: by:
Receipt No.:
N e a r e s t s e w e r m a i n :
CITY FEES:
Filing: $ 1,300.00 Comments:
C a p a c i t y :
C o n n e c t i o n :
Inspection:
TOTAL: $
Rev. 12/2011
PREMIER TRAILER LEASING LLC
5201 TENNYSON PKWY, STE 250, PLANO, TX 75024
19407 CAJON BLVD, SAN BERNARDINO, CA 92407
0262021140000
951-316-1883
x
A PROPOSED TRUCK TRAILER STORAGE FACILITY WITH 202
TRUCK PARKING SPACES AND A 1,641 SQUARE-FOOT OFFICE
BUILDING WITH AUTO PARKING ON A 10-ACRE PARCEL.
2025-03-18
Packet Page. 97
2 6
7 3
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 21, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Joshua Dramitinos, Acting Director of Economic Development Department: Economic Development
Subject: Irrevocable Agreement to Annex No. 2025-383 (Ward 6) Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2025-288, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 19407 Cajon Boulevard, San Bernardino, California, within the unincorporated territory of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Executive Summary
In November 2024, the San Bernardino Municipal Water Department received a request for sewer service from the owners of a parcel located at 19407 Cajon Boulevard (APN: 0262-021-14) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection. The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 15- inch vitrified clay pipe sanitary sewer main within Cajon Boulevard, fronting the subject parcel and the department can serve this parcel.
Background
In November 2024, the San Bernardino Municipal Water Department received a request for sewer service from the owners of a parcel located at 19407 Cajon Boulevard (APN: 0262-021-14) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection.
In 1994, the California Government Code Section was amended by the addition of Packet Page. 98
2 6
7 3
Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands.
In September of 1997 the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement.
The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future.
Discussion
The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 15-inch vitrified clay pipe sanitary sewer main within Cajon Boulevard, fronting the subject parcel and the department can serve this parcel.
LAFCO requires the Agency providing the service to complete the application. The resolution will allow the city to submit an application to LAFCO if approved by Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant.
2021-2025 Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Economic Growth & Development - Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area.
Fiscal Impact
There is no fiscal impact associated with this action. The $1,300 sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2025-288, approving the application to the Local Agency Formation Packet Page. 99
2 6
7 3
Commission to provide City sewer services to a property located at 19407 Cajon Boulevard, San Bernardino, California, within the unincorporated territory of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Attachments
Attachment 1 - Resolution No. 2025 -288
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map
Attachment 4 - Exhibit C - Application
Ward:
Sixth Ward
Synopsis of Previous Council Actions:
September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries.
Packet Page. 100
Resolution No. 2025-288
Resolution No. 2025-288
May 21, 2025
6 8
5 4
RESOLUTION NO. 2025-288
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY
SEWER SERVICES TO A PROPERTY LOCATED WITHIN
THE UNINCORPORATED TERRITORY AT 19407 CAJON
BOULEVARD, SAN BERNARDINO, CALIFORINA, (APN
0262-021-14) WITHIN THE UNICORPORATED AREA OF
SAN BERNARDINO COUNTY; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN IRREVOCABLE
AGREEMENT TO ANNEX
WHEREAS, Premier Trailers, LLC, a Delaware Limited Liability Company, the owner of the property located 19407 Cajon Boulevard, San Bernardino, California, in the unincorporated area of San Bernardino County, also known as Assessor’s Parcel Number 0262-021-14, has requested connection to the City of San Bernardino’s sewage system; and WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 19407 Cajon Boulevard, Assessor’s Parcel Number 0262-021-14, more fully described as follows:
Packet Page. 101
Resolution No. 2025-288
Resolution No. 2025-288
May 21, 2025
6 8
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T H A T P O R T I O N O F B L O C K 1 1 , A C C O R D I N G T O
T H E M A P O F M E Y E R S A N D B A R C L A Y
S U B D I V I S I O N , I N T H E C O U N T Y O F S A N
B E R N A R D I N O , S T A T E O F C A L I F O R N I A , A S P E R M A P R E C O R D E D I N B O O K 2 P A G E 3 2 O F M A P S ,
I N T H E O F F I C E O F T H E C O U N T Y R E C O R D E R O F S A I D C O U N T Y , D E S C R I B E D A S F O L L O W S :
C O M M E N C I N G A T T H E S O U T H W E S T C O R N E R O F S A I D B L O C K 1 1 A S S H O W N O N R E C O R D O F S U R V E Y 2 0 - 0 0 6 7 R E C O R D E D I N B O O K 1 6 9 P A G E 5 1 O F R E C O R D S O F S U R V E Y I N T H E
O F F I C E O F T H E C O U N T Y R E C O R D E R O F S A I D C O U N T Y ;
T H E N C E N O R T H 8 9 ° 1 3 ' 3 3 ” E A S T 7 6 7 . 1 7 F E E T A L O N G T H E S O U T H L I N E O F S A I D B L O C K 1 1
T O T H E P O I N T O F B E G I N N I N G A N D T H E
B E G I N N I N G O F A N O N - T A N G E N T C U R V E
C O N C A V E S O U T H W E S T E R L Y , H A V I N G A R A D I U S O F 2 6 6 1 . 7 2 F E E T A N D A N I N I T I A L R A D I A L B E A R I N G O F N O R T H 5 6 ° 1 9 ' 1 5 ” E A S T ;
T H E N C E N O R T H W E S T E R L Y A L O N G T H E A R C
O F S A I D C U R V E T H R O U G H A C E N T R A L A N G L E O F 2 2 ° 3 1 ' 3 0 ” A N A R C L E N G T H O F 1 0 4 6 . 4 2 F E E T
T O A P O I N T I N T H E W E S T L I N E O F S A I D B L O C K 1 1 ;
T H E N C E N O R T H 0 2 ° 3 0 ' 4 5 ” A L O N G S A I D W E S T L I N E E A S T 3 8 7 . 8 1 F E E T T O T H E B E G I N N I N G O F
A N O N - T A N G E N T C U R V E C O N C A V E
S O U T H W E S T E R L Y , H A V I N G A R A D I U S O F 5 6 7 9 . 6 5 F E E T A N D A N I N I T I A L R A D I A L B E A R I N G O F N O R T H 1 8 ° 1 0 ' 5 7 ” E A S T ;
T H E N C E S O U T H E A S T E R L Y A L O N G S A I D
C U R V E T H R O U G H A C E N T R A L A N G L E O F 0 5 ° 2 9 ' 1 2 ” A N A R C L E N G T H O F 5 4 3 . 8 9 F E E T ; T H E N C E S O U T H 2 3 ° 1 6 ' 2 2 ” E A S T 1 3 0 . 3 9 F E E T T O
T H E B E G I N N I N G O F A N O N - T A N G E N T C U R V E
C O N C A V E N O R T H E A S T E R L Y , H A V I N G A R A D I U S O F 3 5 5 0 . 0 0 F E E T A N D A N I N I T I A L R A D I A L B E A R I N G O F N O R T H 6 6 ° 4 3 ' 4 2 ” E A S T ;
T H E N C E S O U T H E A S T E R L Y A L O N G S A I D C U R V E T H R O U G H A C E N T R A L A N G L E O F 1 5 ° 1 1 ' 3 1 ” A N A R C L E N G T H O F 9 4 1 . 2 9 F E E T T O A P O I N T I N T H E S O U T H L I N E O F S A I D B L O C K 1 1 ; Packet Page. 102
Resolution No. 2025-288
Resolution No. 2025-288
May 21, 2025
6 8
5 4
T H E N C E S O U T H 8 9 ° 1 9 ' 3 3 ” W E S T A L O N G S A I D S O U T H L I N E 3 2 3 . 4 5 F E E T T O T H E P O I N T O F B E G I N N I N G .
T O G E T H E R W I T H T H O S E P O R T I O N S T H A T
W O U L D B Y P A S S B Y L A W O F T H E V A C A T E D S T A T E H I G H W A Y .
S A I D P A R C E L C O N T A I N S 4 5 3 , 9 3 7 S Q U A R E F E E T , 1 0 . 4 2 A C R E S . .
A P N : 0 2 6 2 - 0 2 1 - 1 4 - 0 0 0 0
SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2025-383, a copy of which is attached as Exhibit “A”.
SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of May 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, Acting City Clerk
Approved as to form:
Packet Page. 103
Resolution No. 2025-288
Resolution No. 2025-288
May 21, 2025
6 8
5 4
Sonia Carvalho, City Attorney
Packet Page. 104
Resolution No. 2025-288
Resolution No. 2025-288
May 21, 2025
6 8
5 4
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. 2025-288, adopted at a regular meeting held on the 21 st day of May 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 22nd day of May 2025.
Telicia Lopez, CMC, Acting City Clerk
Packet Page. 105
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
IRREVOCABLE AGREEMENT TO ANNEX
No. 2025-383
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 21st day of May, 2025; by and between Premier Trailers, LLC, a Delaware Limited Liability Company, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the one parcel, APN 0262-021-14-0000, located at 19407 Cajon Boulevard, San Bernardino, California, and parcel is further described as follows:
T H A T P O R T I O N O F B L O C K 1 1 , A C C O R D I N G T O
T H E M A P O F M E Y E R S A N D B A R C L A Y
S U B D I V I S I O N , I N T H E C O U N T Y O F S A N
B E R N A R D I N O , S T A T E O F C A L I F O R N I A , A S P E R M A P R E C O R D E D I N B O O K 2 P A G E 3 2 O F M A P S ,
I N T H E O F F I C E O F T H E C O U N T Y R E C O R D E R O F S A I D C O U N T Y , D E S C R I B E D A S F O L L O W S :
C O M M E N C I N G A T T H E S O U T H W E S T C O R N E R O F S A I D B L O C K 1 1 A S S H O W N O N R E C O R D O F S U R V E Y 2 0 - 0 0 6 7 R E C O R D E D I N B O O K 1 6 9 P A G E 5 1 O F R E C O R D S O F S U R V E Y I N T H E
O F F I C E O F T H E C O U N T Y R E C O R D E R O F S A I D C O U N T Y ;
T H E N C E N O R T H 8 9 ° 1 3 ' 3 3 ” E A S T 7 6 7 . 1 7 F E E T A L O N G T H E S O U T H L I N E O F S A I D B L O C K 1 1
T O T H E P O I N T O F B E G I N N I N G A N D T H E
B E G I N N I N G O F A N O N - T A N G E N T C U R V E
C O N C A V E S O U T H W E S T E R L Y , H A V I N G A R A D I U S O F 2 6 6 1 . 7 2 F E E T A N D A N I N I T I A L R A D I A L B E A R I N G O F N O R T H 5 6 ° 1 9 ' 1 5 ” E A S T ;
T H E N C E N O R T H W E S T E R L Y A L O N G T H E A R C
O F S A I D C U R V E T H R O U G H A C E N T R A L A N G L E O F 2 2 ° 3 1 ' 3 0 ” A N A R C L E N G T H O F 1 0 4 6 . 4 2 F E E T
T O A P O I N T I N T H E W E S T L I N E O F S A I D Packet Page. 106
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-383 LAFCO SC # _____ B L O C K 1 1 ;
T H E N C E N O R T H 0 2 ° 3 0 ' 4 5 ” A L O N G S A I D W E S T L I N E E A S T 3 8 7 . 8 1 F E E T T O T H E B E G I N N I N G O F
A N O N - T A N G E N T C U R V E C O N C A V E
S O U T H W E S T E R L Y , H A V I N G A R A D I U S O F 5 6 7 9 . 6 5 F E E T A N D A N I N I T I A L R A D I A L B E A R I N G O F N O R T H 1 8 ° 1 0 ' 5 7 ” E A S T ;
T H E N C E S O U T H E A S T E R L Y A L O N G S A I D
C U R V E T H R O U G H A C E N T R A L A N G L E O F 0 5 ° 2 9 ' 1 2 ” A N A R C L E N G T H O F 5 4 3 . 8 9 F E E T ; T H E N C E S O U T H 2 3 ° 1 6 ' 2 2 ” E A S T 1 3 0 . 3 9 F E E T T O
T H E B E G I N N I N G O F A N O N - T A N G E N T C U R V E
C O N C A V E N O R T H E A S T E R L Y , H A V I N G A R A D I U S O F 3 5 5 0 . 0 0 F E E T A N D A N I N I T I A L R A D I A L B E A R I N G O F N O R T H 6 6 ° 4 3 ' 4 2 ” E A S T ;
T H E N C E S O U T H E A S T E R L Y A L O N G S A I D C U R V E T H R O U G H A C E N T R A L A N G L E O F 1 5 ° 1 1 ' 3 1 ” A N A R C L E N G T H O F 9 4 1 . 2 9 F E E T T O A P O I N T I N T H E S O U T H L I N E O F S A I D B L O C K 1 1 ; T H E N C E S O U T H 8 9 ° 1 9 ' 3 3 ” W E S T A L O N G S A I D S O U T H L I N E 3 2 3 . 4 5 F E E T T O T H E P O I N T O F B E G I N N I N G .
T O G E T H E R W I T H T H O S E P O R T I O N S T H A T
W O U L D B Y P A S S B Y L A W O F T H E V A C A T E D S T A T E H I G H W A Y .
S A I D P A R C E L C O N T A I N S 4 5 3 , 9 3 7 S Q U A R E F E E T , 1 0 . 4 2 A C R E S . .
A P N : 0 2 6 2 - 0 2 1 - 1 4 - 0 0 0 0
WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon t h e OWNER, heirs, successors and assigns.
NOW, THEREFORE, the Parties hereto agree as follows:
Packet Page. 107
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-383 LAFCO SC # _____ Packet Page. 108
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-383 LAFCO SC # _____ SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system.
f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successors failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may Packet Page. 109
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-383 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the Packet Page. 110
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-383 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.
Packet Page. 111
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-383 LAFCO SC # _____
SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
__________________________________ _______________________________ Bill Gallardo Signature
Interim City Manager
Dean Stiffler _ _ ________
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
____
Name
__________________________________
Telicia Lopez
CMC, Acting City Clerk
Packet Page. 112
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-383 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal) Packet Page. 113
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-383 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal) Packet Page. 114
EXHIBIT B
Vicinity Map
Annex 2025-383 (Ward 6)
Packet Page. 115
APPLICATION FOR SEWER SERVICES
OUTSIDE OF CITY BOUNDARIES
To: City of San Bernardino
Community and Economic Development Real Property Section 201 N. “E” Street – 3rd Floor, San Bernardino, CA 92418 (909) 384-5366 / [email protected]
This application is hereby submitted to the City of San Bernardino, to initiate proceedings for the connection to the City Sewer System from my property, which is located outside the boundaries of the City of San Bernardino pursuant to establis hed City policies, a copy of whic h I have received and read, and Government Code Section 56133. I understand that a $1,300.00 non-refundable processing fee is due at the time this application is submitted. I further understand th at prior to the City submitting an application to the Local Agency Formation Commission (LAFCO), I will be required to deposit any applicable LAFCO fees with the City (or to be paid directly to LAFCO). Additi onal LAFCO fees may be due at the conclusion of the proceedings, which I will be required to pay. I may request a waiver of these fees from LAFCO, based upon an immediate health and safety issue. In the event that the waiver of all or a portion of the LAFCO fees is granted by LAFCO, the waived amount will be refunded. I also understand that I will be required to execute an “Irrevocable Agreement to Annex” in the event that my property may be subj ect to Annexation into the City of San Bernardino at some future time, if this application is approved. I further understand that sewer capacity and hook-up fees to the City will be due prior to permit processing. This application is being submitted with the understanding that approval is not guaranteed.
Please submit this application with proof of own ership (Copy of Deed, Title Policy, etc.) along with processing fee of $1,300.00 and plat map showing location of property.
P r o p e r t y O w n e r ( s ) :
M a i l i n g A d d r e s s :
P r o p e r t y A d d r e s s :
A s s e s s o r ’ s P a r c e l N o ( s ) : T e l . N o . :
[ ] Existing Development: [ ] New Development:
[ ] Residential (Single Family). No. Bedrooms
: [ ] Residential (Single Family) No. Bedrooms
[ ] Residential (multi family). Describe: [ ] Residential (multi-family). Describe:
[ ] Commercial/Industrial. Describe: [ ] Commercial/Industrial. Describe:
Note: For new development and/or additions, please provide a copy of the site-plan along with a copy of development permit ap
plication, if any, filed with the County of San Bernardino.
A d d i t i o n a l C o m m e n t s :
[ ] I request a waiver of LAFCO fees based upon the following health and safety urgency:
D a t e :
S i g n a t u r e ( s )
FOR CITY USE ONLY
Received on: by:
Receipt No.:
N e a r e s t s e w e r m a i n :
CITY FEES:
Filing: $ 1,300.00 Comments:
C a p a c i t y :
C o n n e c t i o n :
Inspection:
TOTAL: $
Rev. 12/2011
PREMIER TRAILER LEASING LLC
5201 TENNYSON PKWY, STE 250, PLANO, TX 75024
19407 CAJON BLVD, SAN BERNARDINO, CA 92407
0262021140000
951-316-1883
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A PROPOSED TRUCK TRAILER STORAGE FACILITY WITH 202
TRUCK PARKING SPACES AND A 1,641 SQUARE-FOOT OFFICE
BUILDING WITH AUTO PARKING ON A 10-ACRE PARCEL.
2025-03-18
Packet Page. 116
2 6
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 21, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Joshua Dramitinos, Acting Director of Economic Development Department: Economic Development
Subject: Irrevocable Agreement to Annex No. 2025-384 (Ward 6) Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2025-289 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 3737 Duffy Street, San Bernardino, California, (APN 0267-041-16) within the unincorporated territory of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Executive Summary
In November 2024, the San Bernardino Municipal Water Department received a request for sewer service from the prospective developer of a parcel located at 3737 Duffy Street (APN: 0267-041-16) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection system. The Water Department has determined that there is an available 18-inch vitrified clay pipe sanitary sewer main within Duffy Street, fronting the subject parcel and the department can serve this parcel.
Background
In November 2024, the San Bernardino Municipal Water Department received a request for sewer service from the prospective developer of a parcel located at 3737 Duffy Street (APN: 0267-041-16) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection system.
In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The Packet Page. 117
2 6
9 2
annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands.
In September of 1997 the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement.
The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future.
Discussion
The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 18-inch vitrified clay pipe sanitary sewer main within Duffy Street, fronting the subject parcel and the department can serve this parcel.
LAFCO requires the Agency providing the service to complete the application. The resolution will allow the San Bernardino Municipal Water Department to submit an application to LAFCO if approved by Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant.
2021-2025 Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Economic Growth & Development - Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area.
Fiscal Impact
There is no fiscal impact associated with this action. The $1,300 sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2025-289 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to Packet Page. 118
2 6
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provide City sewer services to a property located at 3737 Duffy Street, San Bernardino, California, (APN 0267-041-16) within the unincorporated territory of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Attachments
Attachment 1 - Resolution No. 2025 -289
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map
Ward:
Sixth Ward
Synopsis of Previous Council Actions:
September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries.
Packet Page. 119
Resolution No. 2025-289
Resolution No. 2025-289
May 21, 2025
6 9
0 3
RESOLUTION NO.2025-289
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY
SEWER SERVICES TO A PROPERTY LOCATED WITHIN
THE UNINCORPORATED TERRITORY AT 3737 DUFFY
STREET, SAN BERNARDINO, CALIFORINA, (APN 0267-
041-16) WITHIN THE UNICORPORATED AREA OF SAN
BERNARDINO COUNTY; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN IRREVOCABLE
AGREEMENT TO ANNEX
WHEREAS, Juana Arias, the owner of the property located 3737 Duffy Street, San Bernardino, California, in the unincorporated area of San Bernardino County, also known as Assessor’s Parcel Number 0267-041-16, has requested connection to the City of San Bernardino’s sewage system; and
WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to LAFCO for the connection to the City’s sewage system for the property located at 3737 Duffy Street, Assessor’s Parcel Number 0267-041-16, more fully described as follows:
L O T 1 4 , O F T R A C T N O . 3 0 1 3 , A R E A O F S A N Packet Page. 120
Resolution No. 2025-289
Resolution No. 2025-289
May 21, 2025
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B E R N A R D I N O C O U N T Y O F S A N B E R N A R D I N O ,
S T A T E O F C A L I F O R N I A , A S P E R M A P R E C O R D E D I N B O O K 4 2 , P A G E 2 T O 4 M A P S , I N
T H E O F F I C E O F T H E C O U N T Y R E C O R D E R O F S A I D C O U N T Y .
A P N : 0 2 6 7 - 0 4 1 - 1 6 - 0 0 0 0
SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2025-384, a copy of which is attached as Exhibit “A”.
SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of May 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 121
Resolution No. 2025-289
Resolution No. 2025-289
May 21, 2025
6 9
0 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-289, adopted at a regular meeting held on the 21 st day of May 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 22nd day of May 2025.
Telicia Lopez, CMC, Acting City Clerk
Packet Page. 122
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
IRREVOCABLE AGREEMENT TO ANNEX
No. 2025-384
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 21st day of May, 2025; by and between Juana Arias, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the one parcel, APN 0267-041-16-0000, located at 3737 Duffy Street, San Bernardino, California, and parcel is further described as follows:
L O T 1 4 , O F T R A C T N O . 3 0 1 3 , A R E A O F S A N
B E R N A R D I N O C O U N T Y O F S A N B E R N A R D I N O ,
S T A T E O F C A L I F O R N I A , A S P E R M A P R E C O R D E D I N B O O K 4 2 P A G E 2 T O 4 M A P S , I N
T H E O F F I C E O F T H E C O U N T Y R E C O R D E R O F S A I D C O U N T Y .
A P N : 0 2 6 7 - 0 4 1 - 1 6 - 0 0 0 0
WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon t h e OWNER, heirs, successors and assigns.
NOW, THEREFORE, the Parties hereto agree as follows:
Packet Page. 123
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-384 LAFCO SC # _____ Packet Page. 124
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-384 LAFCO SC # _____ SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system.
f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successors failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may Packet Page. 125
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-384 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the Packet Page. 126
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-384 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.
Packet Page. 127
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-384 LAFCO SC # _____
SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
__________________________________ _______________________________ Bill Gallardo Signature
Interim City Manager
Juana Arias _ _ ________
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
____
Name
__________________________________
Telicia Lopez
CMC, Acting City Clerk
Packet Page. 128
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-384 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal) Packet Page. 129
IRREVOCABLE AGREEMENT TO ANNEX NO. 2025-384 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal) Packet Page. 130
EXHIBIT B
Vicinity Map
Annex 2025-384 (Ward 6)
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 21, 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 February 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 February 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 February 2025.
Attachments
Attachment 1 Payroll Summary Report for February 2025 Attachment 2 Commercial checks & Payroll Register No. 43 Attachment 3 Commercial checks & Payroll Register No. 44 Attachment 4 Commercial checks & Payroll Register No. 45 Attachment 5 Commercial checks & Payroll Register No. 46 Attachment 6 Commercial checks & Payroll Register No. 47 Attachment 7 Commercial checks & Payroll Register No. 48 Gross Payroll
Bi-Weekly for February 2, 2025 $3,470,211.41
Bi-Weekly for february 16, 2025 $3,414,197.44
Monthly for February, 2025 $28,147.21
Total Payroll Demands: $6,912,556.06 The following check registers are being presented for approval:
February 5, 2025 2024/25 (Register #43) $17,885.98
February 6, 2025 2024/25 (Register #44) $2,354,306.11
February 6, 2025 2024/25 (Register #45) $71,310.00
February 13, 2025 2024/25 (Register #46) $1,950,698.94
February 20, 2025 2024/25 (Register #47) $2,258,803.62
February 27, 2025 2024/25 (Register #48) $3,526,983.45
Total commercial check demands: $10,179,988.10
The following Electronic Funds Transfer (EFT) registers presented for approval:
Feb 4, 2025-Mar 13, 2025 2024/25 (Register #1760-1773) $4,996,125.54 Total commercial EFT demands: $4,996,125.54
Purchasing Card Charges:
February 2025 $65,887.00
Total Purchasing Card Charges: $65,887.00
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Attachment 8 Commercial EFT Registers No. 1760-1773 Attachment 9 Purchasing Card Charges for February 2025 Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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Fund Amount
001 - General $35,164
111 - AB2766 Air Quality $256
119 - Community Development Block Grant $11,374
123 - Federal Grant Programs $6,554
124 - Animal Control $4,714
130 - State And Other Grant Programs $1,995
131 - CDBG-CV 1 $992
141 - Local Grants $2,630
635 - Fleet Services Fund $28
678 - Workers Compensation $1,715
679 - Information Technology $464
Grand Total $65,887
City of San Bernardino
Purchasing Card Charges by Department
Feb-2025 Expenditures
Summary by Fund
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City of San Bernardino
Purchasing Card Charges by Department
February-2025 Expenditures
Fund / Department / Account / Description P-Card Charges 001 - General
Mayor
5111 - Material And Supplies
1/31/25 - Portable Charger for Mayor Tran - Mayor Tran $32 2/13//25 - Breakroom supplies $22
2/13/2025 - Office supplies for Mayor's Office $13
5122 - Dues And Subscriptions
2/06/2025 - Sun Newspaper monthly online subscription $14 5132 - Meetings And Conferences
02/11/2025 - Ticket Purchase to Yale Mayor's College for Mayor $636 1/09/25 - League of Cal Cities Mayor & Council Academy 1/28 /25- $47 1/31/25 - League of Cal Cities Mayor & Council Academy - Gas for $94 Mayor Total $857
City Clerk
5111 - Material And Supplies
Office supplies $13
Office supplies for new staff $44
5122 - Dues And Subscriptions
Grammarly Subscription $52
Subscription to Scribe for 5 licenses $708
City Clerk Total $817
City Council
5111 - Material And Supplies
02-20-2025 - $47.68 - WALMART - MCC MEETING SUPPLIES $48 02-21-2025 - $32.56 - WALMART - MCC MEETING SUPPLIES $33 02-22-2025 - $98.63 - AMAZON - MCC Office Supplies $99
02-26-2025 - $27.87 - AMAZON - MCC Office Supplies $28
2/12/2025 - MCC Meeting supplies for the closed session room - C $59 5132 - Meetings And Conferences
02-04-2025 - $345.00 - PHILLYs STEAK & SUBS - 02-05-2025 MCC Mee $335 02-19-2025 - $37.57 - GEORGES BURGERS #4 - MCC MEAL $38 5186 - Civic And Promotional
01-30-2025 - $47.37 - STATER BROS 02-05-2025 MCC Meeting Suppli $47 02-04-2025 - $345.00 - PHILLYs STEAK & SUBS - 02-05-2025 MCC Mee $345 02-05-2025 - $18.54 IN-N-OUT BURGER - 02-05-2025 MCC Meeting $19 City Council Total $1,049
City Manager
5111 - Material And Supplies
Amazon - 02.03.25 CM Office Supplies (A) $21
Amazon - 02.03.25 CM Office Supplies (B) $38
Amazon - 02.03.25 CM Office Supplies (C) $40
Amazon - 02.04.25 CM Office Supplies $32
Amazon - 02.10.25 CM OFFICE SUPPLIES $23
Amazon - 02.25.25 CM OFFICE SUPPLIES $42
Family Dry Cleaners - Feb 4, 2025 - CM Tablecloths $108 Printers for City Manager and Deputy City Manager. $794 Packet Page. 238
City of San Bernardino
Purchasing Card Charges by Department
February-2025 Expenditures
Fund / Department / Account / Description P-Card Charges 5132 - Meetings And Conferences
El Pollo Loco - 02-10-2025 - Special MCC Meeting Meals $102 EL TEPEYAC FAMILY RESTAURANT - FEB 12, 2025 DEPARTMENT HEAD MTG $158 Refreshment for staff meeting. $20
The Honey Baked Ham - 02.21.25 MCC Special Mtg $187
The Honey Baked Ham - 02.25.25 CM Department Head Mtg $187 Welcome decorations for a staff meeting with new interim city ma $7 Working Lunch meeting with City Manager and Staff Member. $57 City Manager Total $1,816
Community Development & Housing
5122 - Dues And Subscriptions
Code Enforcement CACEO Membership Renewal $100
Code Enforcement Membership CACEO Renewal $100
Code Enforcement Officer Membership Renewal for CACEO $100 5132 - Meetings And Conferences
Snacks for Monthly Office Meeting $35
Community Development & Housing Total $335
Economic Development
5111 - Material And Supplies
Marketing collateral for ICSC Monterey & Las Vegas $1,141 Metal lapel pins for meeting & conferences. $685
Promo items for ICSC Monterey & Las Vegas $1,644
5122 - Dues And Subscriptions
IRWA courses - Econ Dev Deputy Dir $370
Wall Street Journal monthly subscription. $8
5132 - Meetings And Conferences
ICSC Las Vegas Registration - Econ Dev Deputy Dir $850
ICSC Monterey Flight - Econ Dev Director $50
ICSC Monterey Flight - Econ Dev Director $578
ICSC Monterey Flight Change - Econ Dev Director $81
5133 - Education And Training
IRWA Candidacy fee for classes - Real Property Manager $25 IRWA Classes - Real Property Mgr $1,510
IRWA courses - Econ Dev Deputy Dir $45
Economic Development Total $6,987
Finance & Management Services
5122 - Dues And Subscriptions
Barrons subscription $33
CSMFO subscription. Accountant I $60
San Francisco Chronicles Subscription $16
The Sun subscription $18
The Wall Street subscription $60
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City of San Bernardino
Purchasing Card Charges by Department
February-2025 Expenditures
Fund / Department / Account / Description P-Card Charges 5132 - Meetings And Conferences
CSMFO Conference attendance in San Jose, CA; Ground transportati $19 CSMFO Conference Attendance, Tip for Ground transportation to Ai $6 CSMFO Conference Attendance; Dates: 2/18/25-2/21/25 in San Jose, $574 CSMFO Conference Attendance; Ground transportation from Airport $14 CSMFO Conference Attendance; Ground Transportation to Airport on $32 CSMFO Conference Attendance; Tip for Ground transportation from $3 Finance & Management Services Total $835
Human Resources & Risk Management
5105 - Employee Recognition
Deposit Habit Burger for Employee Appreciation Event $500 Employee appreciation event $1,000
employee appreciation event supplies $78
Refund from Amazon supplies did not arrive -$29
Supplies for Employee appreciation event $114
supplies for the employee appreciation event $28
table cloths return -$35
Tshirts for employee appreciation event $714
5111 - Material And Supplies
City employee badges refill $278
Employee Appreciation supplies and office $43
Office supplies $23
Office supplies for events $17
Refund from Amazon supplies did not arrive -$23
Water bottles for interviews or meetings $6
5122 - Dues And Subscriptions
membership renewal for Benefits division $600
5132 - Meetings And Conferences
Executive Assistant Conference for EA in HR $1,895
5175 - Postage
Delivery of OSIP check $35
5183 - Management Allowance
February birthday $44
Fruit, cups, orange juice for welcome to HR new employees $36 Ordered by accident $38
Refund on order made by accident -$38
Welcome new employees pastries $38
Human Resources & Risk Management Total $5,362
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City of San Bernardino
Purchasing Card Charges by Department
February-2025 Expenditures
Fund / Department / Account / Description P-Card Charges Library
5111 - Material And Supplies
Children's Department Request $581
Partial Shipment / Smith System Interchange Table Round 22-34Hx4 $3,002 Refund - Scanners did not work for our barcodes during checkout -$196 Scanner for library barcodes- Library IT approved $196
Tech Services Table Cover $43
5122 - Dues And Subscriptions
Annual Membership $125
Library Total $3,751
Parks & Recreation
5111 - Material And Supplies
Bingo items for Senior Service bingo club at both Senior Facilit $402 Senior Movie Day: 5 seniors age participants had the the opportu $84 Senior Movie Day: Nineteen seniors age participants had the the $114 Senior Movie Day: Three seniors age participants had the the opp $18 Senior Movie Day: Two late seniors age participants had the the $12 5132 - Meetings And Conferences
LUNCH FOR OUTSIDE INTERVIEW PANEL $61
Parks & Recreation Total $690
Police
5111 - Material And Supplies
ADJUSTABLE MONITOR DESK STANDS, TO BE USED BY INVESTIGATIONS PER $786 CA VEHICLE CODE MANUAL, TO BE USED AS A QUICK REFERENCE GUIDE. $84 COMPUTER MONITOR STANDS $29
Flash Drives for Dept Use $228
OFFICE CHAIRS, TO BE USED BY INVESTIGATIONS PERSONNEL. $475 Refund - item too large -$122
Refund- Cover too large -$122
Refund- Covers too large -$487
THERMAL PRINTER CLEANING PEN, HELPS PROVIDE LEGIBLE CITATION AND $29 Tools needed for Armorer course $625
Tools needed for armorer courses $87
5122 - Dues And Subscriptions
Buzzsprout Podcast Subscription $12
5133 - Education And Training
CALNENA CONFERENCE HOTEL $1,998
CALNENA CONFERENCE REGISTRATION $875
Investigations training course $450
PROP 36 & CALECPA SEARCH WARRANTS REGISTRATION $125
social media investigations training course $225
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City of San Bernardino
Purchasing Card Charges by Department
February-2025 Expenditures
Fund / Department / Account / Description P-Card Charges 5134 - Training Post Reimburseable
ADVANCED CRIME SCENE INVST HOTEL $440
ARMORER COURSE REGISTRATION $3,000
BURGLARY THEFT RECEIVE STOLEN PROPERTY INVESTIGATION HOTEL $915 COMMAND COLLEGE HOTEL REFUND -$25
INTERVIEW & INTERRORGATION REGISTRATION $575
LESS LETHAL INSTRUCTOR HOTEL $270
Police Total $10,473
Public Works
5111 - Material And Supplies
ELECTRIC SCISSOR LIFT AND TRAILER RENTAL FOR CID BLDG PAINTING $381 ELECTRICAL SCISSOR LIFT TRAILER RENTAL FOR CID PAINTING $312 Food purchased for Engineer's Week to show appreciation for engi $124 Pizza and food/provided lunch to show appreciation for engineeri $195 Plaque to honor an employee's 35 years of service to the City $31 POOL SUPPLIES FOR AQUATICS DIVISION $195
5133 - Education And Training
Purchase for Public Works 2024 construction Greenbooks. $953 Public Works Total $2,190
001 - General Total $35,164
111 - AB2766 Air Quality
City Manager
5133 - Education And Training
SCAQMD - ETC Training for Sr Office Assistant $231
SCAQMD - ETC Training for Sr Office Assistant - Convenience Fee $5 5181 - Other Operating Expense
Amazon - 02.18.25 Rideshare Thank You Incentive $20
City Manager Total $256
111 - AB2766 Air Quality Total $256
119 - Community Development Block Grant
Community Development & Housing
5133 - Education And Training
CDBG Primer On-Demand Webinar - NCDA webinar trains on the funda $50 Community Development & Housing Total $50
Police
5181 - Other Operating Expense
Anthony D Jones 02.13.25 to 02.20.25 $539
Anthony Jones 02.06.25 to 02.13.25 $539
Ario Brown 02.06.25 to 02.13.25 $539
Ario Brown 02.13.25 to 02.20.25 $539
Ashley & Robert Tripp 02.04.25 to 02.11.25 $539
Deshunna Estrada 02.06.25 to 02.13.25 $539
Deshunna Estrada 02.13.25 to 02.20.25 $539
Duane Haft 02.13.25 to 02.20.25 $539
Evette Lincoln 02.11.25 to 02.18.25 $539
Jenn Holls & Ken Wiley 02.05.25 to 02.12.25 $616
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City of San Bernardino
Purchasing Card Charges by Department
February-2025 Expenditures
Fund / Department / Account / Description P-Card Charges Jose Andrade 02.11.25 to 02.18.25 $539
Joseph Smith 02.13.25 to 02.20.25 $539
Keshawn Smith & Johanna Webber 02.03.25 to 02.10.25 $616 Keshawn Smith 2 night refund -$176
NCDA CDBG Training $489
Rebecca Fritzinger 02.13.25 to 02.20.25 $539
Richard Morales 02.06.25 to 02.13.25 $539
Richard Morales 02.13.25 to 02.20.25 $539
Robert & Jane Abrams 02.11.25 to 02.18.25 $616
Sean McDonald & Debrah Dearce 02.11.25 to 02.18.25 $539 Tracshawn Jamal 02.06.25 to 02.13.25 $539
Tracshawn Jamal 02.13.25 to 02.20.25 $539
Police Total $11,324
119 - Community Development Block Grant Total $11,374
123 - Federal Grant Programs
Police
5102 - Computer Equip-Non Capital
Laptop for dept use in the EOC RTIC $3,304
Laptop purchase for EOC dept use $3,250
Police Total $6,554
123 - Federal Grant Programs Total $6,554
124 - Animal Control
Animal Services
5111 - Material And Supplies
Controlled substance log for vet services $46
Dog Food for Dogs at the Shelter $1,455
LEASHES NEEDED TO TRANSPORT DOGS $1,444
More food bowls for more animals $1,257
Ramp for loading dogs into Animal Control Truck $138
Ramp to load dogs on AC truck $109
Supplies for cat traps for field services $119
5132 - Meetings And Conferences
Payment for PC 832 class for Animal Control Officer $147 Animal Services Total $4,714
124 - Animal Control Total $4,714
130 - State And Other Grant Programs
Library
5111 - Material And Supplies
Games for ESL group classes and 1:1 tutoring $43
Library Total $43
Police
5122 - Dues And Subscriptions
Officer Health/Wellness Grant purchase $583
5133 - Education And Training
CANNABIS ENFORCEMENT SUMMIT REGISTRATION $295
Flight for conference in Sacramento $299
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City of San Bernardino
Purchasing Card Charges by Department
February-2025 Expenditures
Fund / Department / Account / Description P-Card Charges Police Total $1,177
Public Works
5132 - Meetings And Conferences
Registration for CRRA Conference $775
Public Works Total $775
130 - State And Other Grant Programs Total $1,995
131 - CDBG-CV 1
Community Development & Housing
5132 - Meetings And Conferences
Airline fare expenses related to the Homeless Services Coordinat $367 Conference event fee related to the Homeless Services Coordinato $625 Community Development & Housing Total $992
131 - CDBG-CV 1 Total $992
141 - Local Grants
Animal Services
5111 - Material And Supplies
Materials for Casa Ramona adoption site $196
Materials for Casa Ramona adoption site, PPE for disease control $1,386 5132 - Meetings And Conferences
Best Friends Conference Parking for Community Services Coordinator $33 Best Friends Conference registration for Community Services Coordinator $425 Best Friends Conference Registration for Community Services Program Coord $425 Parking for Best Friends Conference for Animal Control Officer $33 Parking for BF Conference for Animal Services Supervisor $33 Parking for Susie for Best Friends Conference $33
Parking for Teresa Boehnke for Best Friends Conference $33 Parking pass BF Conference for Community Services Program Coordinator $33 Animal Services Total $2,630
141 - Local Grants Total $2,630
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City of San Bernardino
Purchasing Card Charges by Department
February-2025 Expenditures
Fund / Department / Account / Description P-Card Charges 635 - Fleet Services Fund
Public Works
5172 - Equipment Maintenance
WEIGHMASTER CERTIFICATE CHARGE FOR WEIGHING HEAVY CAPACITY TRUCK $28 Public Works Total $28
635 - Fleet Services Fund Total $28
678 - Workers Compensation
Human Resources & Risk Management
5122 - Dues And Subscriptions
Federal and state law posters $1,715
Human Resources & Risk Management Total $1,715
678 - Workers Compensation Total $1,715
679 - Information Technology
Information Technology
5122 - Dues And Subscriptions
Calendar Software subscription used for website $300
Wells Fargo International Fee for TeamUP $3
5132 - Meetings And Conferences
Virtual Conference with MISAC $45
5183 - Management Allowance
Refreshments for End of Month Team Meeting Feb $58
Refreshments for End of Month Team Meeting Jan $58
Information Technology Total $464
679 - Information Technology Total $464
Grand Total $65,887
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 21, 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: Investment Portfolio Report for February 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 February 2025.
Executive Summary
This action is to approve the Investment Portfolio for the month of February 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 February 28, 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 February 2025.
Attachments
Attachment 1 Investment Portfolio Management Summary Report, Feb 2025.
Attachment 2 FY2023-24 Adopted Investment Policy Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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CITY OF
SAN BERNARDINO
Investment Policy
Fiscal Year 2023-24
Adopted August 2, 2023
Barbara Whitehorn
Agency Director of Administrative Services
C. Jeannie Fortune
Deputy Director of Finance
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Exhibit A
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I. PURPOSE
To establish guidelines for the prudent investment of public funds in a manner that will protect City funds, meet daily cash flow expenditures, and comply with all federal, state, and local laws and ordinances governing the investment of public funds.
II. POLICY & ADOPTION
t shall be the policy of the City of San Bernardino to annually review and adopt an Investment Policy by resolution of the City Council. This Policy applies to all financial assets and funds held by the City of San Bernardino and the Successor Agency to the San Bernardino Redevelopment Agency. The funds covered by this policy include:
*General Fund
*Special Revenue Funds
*Capital Project Funds
*Proprietary Funds
*Other funds that may be created
Any modifications to the Policy must be approved by the City Council.
III. PROCEDURES
The Director of Finance shall annually review the City’s Investment Policy, and incorporate any changes in state law, recommendations from the City’s Investment Advisor, recommendations from the various national and state organizations of municipal finance officers, or other changes recommended by City staff. The revised Investment Policy shall be presented to the Finance Committee and the City Council for review and approval. (A) Responsibilities
No person may engage in investment activities except as provided under the terms of this Policy and the procedures established by the Director of Finance.
1. Responsibilities of the City Council
The City Council shall annually consider and adopt a written Investment Policy.
As provided in this Policy, the Council shall receive monthly Investment Reports.
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Exhibit A
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2. Responsibilities of the Director of Finance
The Director of Finance is appointed by and serves at the pleasure of the City Manager and is subject to his/her direction and supervision. The Director of Finance is charged with responsibility for the conduct of all Finance Department operations. The City Charter places the “City Treasurer” responsibilities amongst the duties of the Director of Finance. That individual is charged with responsibility for carrying out all investment actions. He/she may delegate the day-to-day investment activities to their designee(s) but not the responsibility for the overall investment program. If authorized by the City Council, the Director of Finance may also utilize the services of an external investment advisor to assist with the investment program.
The Director of Finance, through supporting staff members, is responsible to manage all public funds and securities belonging to or under the control of the City and the Successor Agency, including the deposit and investment of those funds in accordance with principles of sound treasury management and applicable laws and ordinances. Appropriate internal controls designed to ensure that assets of the City are protected from loss, theft, or misuse, including but not limited to separation of duties and multiple approvers for transactions, shall be maintained at all times in order to safeguard the City’s assets.
3. Responsibilities of the City’s Investment Advisor (if applicable) The City may engage in the services of outside professionals for evaluation and advice regarding the City’s investment program. An authorized Investment Advisor may provide investment management services, which may also include facilitating trade executions under the direction of the Director of Finance or designee. Any Investment Advisor shall be registered by the Securities and Exchange Commission and licensed to do business in the State of California. An authorized Investment Advisor shall invest the City’s funds in investments that are in compliance with this policy and provide accurate and timely reports of its investment activities to City staff. The Investment Advisor shall never take possession of the City’s funds or assets.
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Exhibit A
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4. Internal Controls
The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, fraud or misuse.
The City’s external independent auditing firm shall perform an annual analysis and review of internal controls, account activity and compliance with policies and procedures.
(B) Prudent Investor Rule
The standard of prudence to be used by the Director of Finance shall be the “prudent investor” standard. This shall be applied in the context of managing an overall portfolio.
The “Prudent Investor Rule” provides, pursuant to California Government Code Section 53600.3, that investments shall be made with judgment and care—under circumstances then prevailing—which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The Director of Finance and any designee of the Director of Finance, as investment officers acting in accordance with written procedures and the investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and appropriate action is taken to control adverse developments.
(C) Ethics and Conflicts of Interest
In addition to state and local statutes relating to conflicts of interest, all persons involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program or impairs their ability to make impartial investment decisions. Employees and investment officers are required to annually file applicable financial disclosures as required for “public officials who manage public investments” by the Fair Political Practices Commission (FPPC) and are subject to California law relative to conflicts of interest.
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Exhibit A
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(D) Level of Investment
The City strives to maintain the level of investment of all investable cash as near to 100 percent as possible through current and projected cash flow management.
The Director of Finance shall maintain a system to monitor and forecast revenues and expenditures so that City funds can be invested to the fullest extent possible while providing sufficient liquidity to meet the City’s reasonably anticipated cash flow requirements. Maturities of investments will be selected to provide necessary liquidity, manage interest rate risk, and optimize earnings. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds. (E) Investment Objectives
The City seeks safety and liquidity in all of its investments followed by yield. Safety, liquidity, and yield are defined as follows:
1. Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.
2. Liquidity. The investment portfolio shall remain sufficiently liquid to meet operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands.
3. Yield. The investment portfolio shall be designed with the objective of attaining a market rate of return, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above.
(F) Allowable Investments
The investments listed in this Policy are authorized investments pursuant to Sections 53601 and 53635 of the California Government Code and are authorized investments for the City subject, however, to the restrictions set forth in Section “K” of this Investment Policy. In the event that an apparent discrepancy is found between this Policy and the Government Code, the more restrictive parameters will take precedence.
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(G) Collateralization
If collateral is required for a particular investment type, it will be provided in compliance with California Government Code requirements. (H) Investment Pools/Mutual Funds
Prior to investing in any pooled investment program (e.g., LAIF, money market funds), the Director of Finance will review the program’s documentation (e.g., investment policy, policies for participation, fees) to determine the appropriateness of the pool for City funds. Whenever the City has funds invested in a pooled investment program, the Director of Finance should periodically review the pool’s investment holdings. The review shall, at a minimum, obtain the following information:
• A description of eligible investment securities, and a written statement of investment policy and objectives.
• A description of interest calculations and how it is distributed, and how gains and losses are treated.
• A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited.
• A description of who may invest in the program, how often, and what size of deposits and withdrawals are allowed.
• A schedule for receiving statements and portfolio listings. • A description of how the pool/fund utilizes reserves, retained earnings, etc.
• A fee schedule, including when and how fees are assessed. • The eligibility of the pool/fund to invest in bond proceeds and special district funds, and a description of its practices
(I) Diversification
The City shall diversify the investments within the portfolio to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions, or maturities. To promote diversification, no more than 5% of the portfolio may be invested in the securities of any one issuer, regardless of security type; excluding U.S. Treasuries, federal agencies, supranationals, and pooled investments such as LAIF, money market funds, or local government investment pools.
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Exhibit A
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(J) Maximum Maturities
For those investment types for which this Policy does not specify a maturity limit, no individual investment shall exceed a maturity of five years from the date of purchase unless the City Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the City Council no less than three months prior to the investment. The weighted average duration of the investment portfolio shall not exceed 3.0 years. (K) Authorized Investments of the City
The following types of investments are authorized by this Policy:
1. U.S. Treasury Instruments. United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limitation as to the percentage of the City’s portfolio that may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.
2. State of California’s Local Agency Investment Fund (LAIF). A State of California-managed investment pool. The maximum amount invested in this category may not exceed the limit set by LAIF for operating accounts.
For 2023 that deposit limit is $75 million.
3. Local Government Investment Pools (“LGIP”). Shares of beneficial interest issued by joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in Government Code (e.g. Cal Trust). The City will limit investments to LGIPs that seek to maintain a stable net asset value. There is no limitation as to the percentage of the City’s portfolio that may be invested in this category.
4. Municipal Bonds. Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
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Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
Purchases are limited to securities rated in a rating category of “A” (long- term) or “A-1” (short-term) or their equivalents or better by a Nationally Recognized Statistical Rating Organization (NRSRO). A maximum of 30% the City’s portfolio may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.
5. Federal Agency Securities. Federal agency or United States government- sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
There is no limitation as to the percentage of the City’s portfolio that may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.
6. Negotiable Certificates of Deposit. Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Securities in this category shall be limited to the maximum amount covered by federal deposit insurance currently set at $250,000. A maximum of 30% of the City’s portfolio may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.
7. Commercial Paper. Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
(1) The entity meets the following criteria: (A) Is organized and operating in the United States as a general corporation; (B) Has total assets in excess of five hundred million dollars
($500,000,000), and (C) Has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or better by an NRSRO.
(2) The entity meets the following criteria: (A) Is organized within the United States as a special purpose corporation, trust, or limited liability company, (B) Has program-wide credit enhancements
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including, but not limited to, overcollateralization, letters of credit, or a surety bond, and (C) Has commercial paper that is rated “A-1” or better, or the equivalent, by an NRSRO.
Purchases are limited to securities that have a maximum maturity of 270 days. A maximum of 25% the City’s portfolio may be invested in this category with a maximum of 5% per issuer.
8. Corporate or Medium-Term Notes. Corporate or medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Purchases are limited to securities rated in a rating category of “A” or its equivalent or better by an NRSRO. A maximum of 30% the City’s portfolio may be invested in this category with a maximum of 5% per issuer.
9. Money Market Funds (“MMF”). Purchases are restricted to Government Money Market Funds. Furthermore, these Money Market Funds must have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs, or (B) Retained an investment advisor with not less than five years’ experience and registered or exempt from registration with the SEC, with assets under management in excess of five hundred million dollars ($500,000,000). A maximum of 20% of the City’s portfolio may be invested in this category.
10. Supranational Obligations. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States.
Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by a NRSRO. A maximum of 10% the City’s portfolio may be invested in this category with a maximum of 5% per issuer. State law limits the percentage to 30% of the portfolio.
11. Bankers Acceptances. Bankers’ acceptances are short-term debt instruments issued by a company that is guaranteed by a commercial bank.
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Exhibit A
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Bankers Acceptances are limited to institutions with short-term debt obligations of A-1 or higher and have long term debt obligations rated “A” or higher, or the equivalent by a NRSRO. The maturity shall not exceed 180 days and no more than 30 percent of the total portfolio may be invested in banker’s acceptances and no more than 5% per issuer.
City of San Bernardino Authorized Investment Policy Table Investment Type Maximum Term Maximum % of
Portfolio
Maximum per
Issuer
Minimum
Rating
US Treasury
Obligations 5 Years NONE NONE NONE
Local Agency
Investment Fund
(LAIF)
N/A
The City may invest
up to the maximum
amount permitted by
California state law.
N/A NONE
Joint Powers/Local
Government
Investment Pool
N/A NONE N/A NONE
Municipal Debt 5 Years 30% A1, A
Federal Agency
Obligations 5 Years NONE NONE NONE
Certificate of
Deposits
5 Years 30% NONE
Securities in this
category shall be
limited to the
maximum amount
covered by federal
deposit insurance.
Commercial Paper 270 Days 25% 5% A1/P1, A
Medium
Term/Corporate
Notes
5 Years 30% 5% A
Money Market
Mutual Funds N/A 20% NONE AAA
Supranational
Obligations (IBRD,
IFC, IDB)
5 Years 10% 5% M
Banker’s
Acceptances 180 Days 30% 5% A1, A
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(L) Prohibited Investments
Furthermore, the City will not invest in inverse floaters, range notes, mortgage- derived, interest-only strips, or any security that could result in zero interest accrual if held to maturity. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will 100% of market value for Certificate of Deposits and 102% for reverse purchase agreements or principal and accrued interest. Collateral will always be held by an independent third party with whom the entity has a current custodial relationship (M) Performance Standards
The investment portfolio shall be managed with the objective of obtaining a market-average rate of return during budgetary and economic cycles, considering the City’s investment risk constraints and the cash flow needs.
Investment return is a consideration only after the core investment portfolio tenets of safety and liquidity have been met. The Director of Finance will adopt a benchmark which best approximates the composition and weighted average maturity of the City’s portfolio. The City will monitor the City’s portfolio yield against the US Treasury Constant Maturity and the performance yield presented by LAIF. However, the benchmark will be used only as a reference tool and does not infer that the portfolio will be managed in an attempt to attain or exceed the stated benchmark. Benchmarks may change over time based on changes in market conditions or cash flow requirements. The selected performance benchmarks shall be representative of the City’s overall investment objectives and liquidity requirements.
(N) Investment Reporting
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 shall submit to the City Council on a quarterly basis a report summarizing the status of the current investment portfolio and the individual transactions executed over the last quarter. The report shall be prepared in a manner which shall allow the City Council to ascertain whether investment activities during the reporting period have conformed to the Investment Policy.
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The report will include the following elements:
• Type of investment
• Institution/Issuer
• Purchase Date
• Date of maturity
• Amount of deposit or cost of the investment
• Face value of the investment
• Current market value of securities and source of valuation • Rate of interest
• Interest earnings
• Statement relating the report to its compliance with the Statement of Investment Policy or the manner in which the portfolio is not in compliance • Statement on availability of funds to meet the next six month’s obligations • Percentage of Portfolio by Investment Type
• Days to Maturity for all Investments
• Comparative report on Monthly Investment Balances & Interest Yields • Monthly transactions
(O) Portfolio Review
The Director of Finance shall continually monitor portfolio performance to ensure that the securities in the portfolio are in compliance with this Policy. The Director of Finance shall report any issues of material non-compliance in the next monthly Investment Report. Percentage holding limits and diversification requirements listed in this Policy apply at the time a security is purchased. If a percentage holding limit or diversification requirement is exceeded due to a subsequent change in the portfolio, it is not a compliance violation, but no additional securities may be purchased in that category or for that issuer until the holdings are back under the Policy limits. Credit ratings, where shown, specify the minimum credit rating category required at purchase. In the event a security held by the City is subject to a credit rating change that brings it below the minimum credit ratings specified in this Policy, the Director of Finance will notify the City Council of the change in the next monthly Investment Report. The course of action to be followed will then be decided on a case-by-case basis, considering such factors as the reason for the change, prognosis for recovery or further rating downgrades, and the market price of the security. If a security is determined to be out of compliance with this Policy due to a subsequent change in this Policy or the Government Code, it may be held to maturity unless there is a requirement that the security be sold.
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(P) Debt Proceeds
Debt proceeds and bond reserve funds are to be invested in accordance with their respective bond indenture. If the indenture is silent as to the permitted investments, the bond proceeds will be invested in the securities permitted by this Policy. Notwithstanding the other provisions of this Policy, the percentage limitations listed elsewhere in this Policy do not apply to bond proceeds and bond proceeds may be invested beyond five years if the maturities of such investments do not exceed the expected use of the funds, the investments are deemed prudent in the opinion of the Director of Finance, and the investments are not prohibited by the applicable bond documents. Tax and Revenue Anticipation Notes or other temporary financing proceeds shall not be invested for a term that exceeds the term of the debt.
(Q) Safekeeping
To protect against potential losses by collapse of individual securities dealers, all deliverable securities owned by the City, including collateral on repurchase agreements, shall be held in safekeeping by a third party bank trust department acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All deliverable securities will be received and delivered using standard delivery-versus-payment procedures.
(R) Qualified Financial Institutions and Broker/Dealers The Director of Finance shall maintain a list of approved financial institutions authorized to provide investment related services to the City. In addition, the City shall maintain a list of approved security broker/dealers selected by conducting a process of due diligence. These may include ‘primary’ dealers or regional dealers that qualify under Securities and Exchange Commission (“SEC”) Rule 15C3-1 (uniform net capital rule). A copy of this Investment Policy shall be sent annually to all firms with which the City executes investments.
Additionally, all financial institutions and broker/dealers who desire to become qualified bidders of investment transactions must provide the Director of Finance with the following:
• Audited Financial Statements
• Proof of State Registration
• Copy of most recently filed Financial Industry Regulated Authority (FINRA) documentation
• Certification of having read the Investment Policy and depository contracts of the City of San Bernardino
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Exhibit A
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The Director of Finance will review the existing list of either qualified broker/dealers or qualified bidders for investment transactions on an annual basis. At the discretion of the Director of Finance, and with the due diligence noted above, add or delete either broker/dealers or qualified bidders. (S) Continuing Education and Training
To ensure the highest level of professional standards for the execution of the investment program, investment staff responsible for the day-to-day management of the portfolio are encouraged to engage in continuing education in the areas of cash and investment management.
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Exhibit A
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GLOSSARY
AGENCIES: Federal agency securities.
BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company.
The accepting institution guarantees payment of the bill, as well as the issuer. The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An acceptance is a high grade negotiable instrument.
BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments.
BROKER: A broker brings buyers and sellers together for a commission. He/she does not take a position.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate.
Large-denomination CD’s are typically negotiable.
COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation (including limited liability companies) to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc.
COUPON: a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. b) A certificate attached to a bond evidencing interest due on a payment date.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions; buying and selling for his/her own account.
DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an
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Exhibit A
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exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.
DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions (e.g. S&L’s, Small business firms, students, farmers, farm cooperatives, and exporters).
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $250,000 per deposit.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and a reasonable size can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.
MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.
MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.
MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (“NRSRO”): Firms that review and assess the creditworthiness of an obligor as an entity or with respect to specific securities or money market instruments and express their opinion in the form of a letter rating. A credit rating agency may apply to the SEC for registration as a nationally recognized statistical rating organization (“NRSRO”). The primary rating agencies are Standard & Poor’s Corporation, Moody’s Investor Services, Inc. and Fitch, Inc.
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Exhibit A
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NEGOTIABLE CERTIFICATES OF DEPOSIT: Generally, short-term debt instrument that usually pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. Negotiable CDs are traded in a·secondary market and are payable upon order to the bearer or initial depositor (investor). Negotiable CDs are insured by FDIC up to $250,000, but they are not collateralized beyond that amount.
NON-NEGOTIABLE CERTIFICATES OF DEPOSIT: CDs that carry a penalty if redeemed prior to maturity. Non-negotiable CDs issued by banks and savings and loans are insured by the Federal Deposit Insurance Corporation up to the amount of $250,000, including principal and interest.
Amounts deposited above this amount may be secured with other forms of collateral through an agreement between the investor and the issuer. Collateral may include other securities including Treasuries or agency securities such as those issued by the Federal National Mortgage Association.
PORTFOLIO: Collection of securities held by an investor.
PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker/dealers, banks and a few unregulated firms.
PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state—the so-called “legal list”. In other states, the trustee may invest in a security if it is one that would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity; on a bond, the current income return.
SAFEKEEPING: The service provided by banks and trust companies for clients when the bank or trust company stores the securities, takes in coupon payments, and redeems issues at maturity.
SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation.
SEC RULE 150-1: See “Uniform Net Capital Rule”.
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Exhibit A
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SUPRANATIONAL SECURITIES: United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter- American Development Bank (IDB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated “AA” or better by an NRSRO and shall not exceed 10 percent of the agency’s moneys that may be invested pursuant to this section.
TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.
TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years.
TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of from one year to ten years.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 21, 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: Fiscal Year 2025-26 Assessment Levies for Previously Formed Assessment Districts. (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the following Resolutions, declaring intention to levy and collect assessments for Fiscal Year 2025-26 within various assessment districts within the City of San Bernardino, approving Engineer’s Reports for each assessment district and providing notice of the time and place of the public hearing on July 16, 2025 on proposed assessments in each assessment district:
1. Resolution No. 2025-290 for Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2, and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016; and
2. Resolution No. 2025-291 for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024; and
3. Resolution No. 2025-292 for Assessment District No. 1022 and Zones 1, 2 and 3 thereof; and
4. Resolution No. 2025-293 for Assessment District Nos. 1025 and 1027; and
5. Resolution No. 2025-294 for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068.
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Executive Summary
The assessment of an annual fee upon properties within each assessment district provides the revenue to offset the cost of maintenance of the public improvements within each assessment district.
Annually, the Mayor and City Council must consider and adopt resolutions declaring the intent to levy and collect assessments within the various assessment districts in the City. These resolutions call for a public hearing for each Engineer’s Report which determines the amount of the maximum assessment allowable for each district and specifies the amount that will be levied on assessable lots and parcels of property within each assessment district for the upcoming fiscal year.
Background
The City Council adopted Resolution 2025-274 on April 16, 2025 initiating proceedings to levy and collect assessments for Fiscal Year 2025-26 in various assessment districts previously established by the City of San Bernadino and ordered the preparation of an engineer’s report for each assessment district. The Engineer’s Reports which have been prepared by Spicer Consulting Group, LLC, the Engineer of Record, detail the assessments proposed to be levied on assessable lots and parcels of property within each of the assessment districts and have been filed with the City Clerk.
Discussion
The amount of the assessments which are proposed to be levied on all parcels of assessable land within each assessment district has been determined pursuant the methodology in the Engineer’s Report and is based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of the public improvements.
The Engineer’s Reports detailing the assessments proposed to be levied and collected from the owners of property within the City’s various assessment districts for Fiscal Year 2025-26 to pay the costs of the maintenance, servicing and operating of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, landscaping (only), detention basin and storm drains and appurtenant facilities during Fiscal Year 2025-26 for each assessment district are attached to this report.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 3d: Improved Quality of Life – Improve the City’s appearance, cleanliness and attractiveness. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.
Fiscal Impact
Adopting these resolutions ensures that revenue is available to offset the costs related to public improvements within each assessment district.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the following Resolutions, declaring intention to levy and collect assessments for Fiscal Year 2025-26 within various assessment districts within the City of San Bernardino, approving Engineer’s Reports for each assessment district and providing notice of the time and place of the public hearing on July 16, 2025 on proposed assessments in each assessment district:
1. Resolution No. 2025-290 for Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2, and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016; and
2. Resolution No. 2025-291 for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024; and
3. Resolution No. 2025-292 for Assessment District No. 1022 and Zones 1, 2 and 3 thereof; and
4. Resolution No. 2025-293 for Assessment District Nos. 1025 and 1027; and
5. Resolution No. 2025-294 for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068.
Attachments
Attachment 1 – Resolution No. 2025-290 Assessment Districts No. 951-1016 Attachment 2 – Resolution No. 2025-291 Assessment Districts No. 1017-1024 Attachment 3 – Resolution No. 2025-292 Assessment Districts No. 1022 Attachment 4 – Resolution No. 2025-293 Assessment Districts No. 1025, 1027 Attachment 5 – Resolution No. 2025-294 Assessment Districts No. 1028-1068 Attachment 6 – Preliminary FY 2025-26 Engineer‘s Report Volume 1 Attachment 7 – Preliminary FY 2025-26 Engineer‘s Report Volume 2 Attachment 8 – Preliminary FY 2025-26 Engineer‘s Report Volume 3 Attachment 9 – Preliminary FY 2025-26 Engineer’s Report Volume 4 Attachment 10 – Preliminary FY 2025-26 Engineer’s Report Volume 5 Ward:
All Wards
Synopsis of Previous Council Actions:
April 16, 2025 Mayor and City Council adopted Resolution 2025-274 Initiating Proceedings to Levy and Collect Assessments for Packet Page. 281
Fiscal Year 2025-26 in various Assessment Districts Pursuant to the California Constitution and the City Charter, Appointing the Engineer of Record and Ordering Preparation of
Engineer’s Reports.
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Resolution No. 2025-290
Resolution No. 2025-290
May 21, 2025
6 9
5 1
RESOLUTION NO. 2025-290
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN ASSESSMENT DISTRICTS NOS.
951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 AND 1016 FOR FISCAL YEAR 2025-26, APPROVING THE
ENGINEER’S REPORT AND PROVIDING NOTICE OF THE
TIME AND PLACE OF HEARING ON PROPOSED
ASSESSMENTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2 and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 of the City of San Bernardino (collectively, the “Assessment Districts”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and
WHEREAS, on April 16, 2025, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2025-26 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2025-26 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law; and WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) The above recitals are true and correct and are incorporated herein by this reference; (b) The report of Spicer Consulting Group, LLC (the “Report”) contains all matters required by the Assessment Law and may, therefore, be approved by the City Council; Packet Page. 283
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(c) The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2025-26 are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities for those designated Assessment Districts, landscaping and lighting for those designated Assessment Districts, and sewer lift stations and appurtenant facilities for those designated Assessment Districts; and
(d) The amount of the assessment which is proposed to be assessed on each such parcel is not proposed to be increased over the amount of the assessment which was levied on the parcel for fiscal year 2024-25.
SECTION 2. Intention. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment Districts for fiscal year 2025-26, as set forth in the Report. Those assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments.
SECTION 3. Improvements. (i) The improvements authorized for Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2, 2A and 3), 953, 956, 959 (Zone 1), 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 are:
(a) The installation or planting of public landscaping and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water, irrigation, drainage or electrical facilities; and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto.
(ii) The improvements authorized for the Assessment Districts Nos. 962 and 963 are:
(a) The installation or planting of sewer lift stations and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, and
(c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto.
SECTION 4. Maintenance. (i) For Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2, 2A and 3), 953, 956, 959 (Zone 1), 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016, the maintenance to be performed consists Packet Page. 284
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of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscape, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage facilities. (ii) For Assessment Districts Nos. 962 and 963 the maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of sewer lift stations including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities.
(b) Repair and maintenance of incidental wastewater facilities.
SECTION 5. Assessment Districts. The distinctive designation of each of the Assessment Districts is as follows: “Assessment District No. 951 (Zones 1 and 2) (Wagonwheel Road Area) of the City of San Bernardino,” “Assessment District No. 952 (Zones 1, 2, 2A) (State College Area) of the City of San Bernardino,” “Assessment District No. 952 (Zone 3) (State College Area) of the City of San Bernardino,” “Assessment District No. 953 (16th Street) of the City of San Bernardino,” “Assessment District No. 956 (Carnegie Drive Area) of the City of San Bernardino,” “Assessment District No. 959 (Zone 1) (Shandin Hills) of the City of San Bernardino,” “Assessment District No. 962 (Pine Avenue Area) of the City of San Bernardino,” “Assessment District No. 963 (Allen Street) of the City of San Bernardino,” “Assessment District No. 968 (Airport Drive) of the City of San Bernardino,” “Assessment District No. 974 (Rialto Avenue Between Eucalyptus and Pepper) of the City of San Bernardino,” “Assessment District No. 975 (Pepper and Mill Area) of the City of San Bernardino,” “Assessment District No. 976 (Pine and Belmont) of the City of San Bernardino,” “Assessment District No. 981 (Meridian and Randall Avenue) of the City of San Bernardino,” “Assessment District No. 982 (Piedmont Drive Area) of the City of San Bernardino,” “Assessment District No. 986 (Rialto and Macy Area) of the City of San Bernardino,” “Assessment District No. 989 (Mill and Macy Area) of the City of San Bernardino,” “Assessment District No. 991 (Verdemont and Olive Area) of the City of San Bernardino,” “Assessment District No. 993 (Cajon and June Area) of the City of San Bernardino,” “Assessment District No. 997 (Chestnut Area) of the City of San Bernardino,” “Assessment District No. 1001 (Pennsylvania and Birch Area) of the City of San Bernardino,” “Assessment District No. 1002 (North “H” Street Area) of the City of San Bernardino,” “Assessment District No. 1005 (Cajon and Pepper Linden Area) of the City of San Bernardino,” “Assessment District No. 1007 (Pepper and Randall Area) of the City of San Bernardino,” “Assessment District No. 1012 (Mill/Burney Area) of the City of San Bernardino” and “Assessment District No. 1016 (Coulston Area) of the City of San Bernardino.” The boundaries of each of the Assessment Districts are described and shown in the Report.
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SECTION 6. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting in which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, the boundaries of the Assessment District, the zones therein, and the proposed assessments upon assessable lots and parcels of land therein for the 2025-26 fiscal year.
SECTION 7. Hearing. The time and place of the hearing required by the Assessment Law is set for 5:00 o’clock p.m. on July 16, 2025 in the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Bernardino, California.
SECTION 8. Notice of Hearing. NOTICE IS HEREBY GIVEN that on the date and at the time and place specified in Section 7 hereof, the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment Districts for fiscal year 2025-26. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, which protest must state all grounds of objection and describe the property within the Assessment Districts owned by any such person.
SECTION 9. Publication. The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code. Upon completion of such publication, the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section.
SECTION 10. Designated Person. The City Council designates Spicer Consulting Group, LLC, telephone number (866) 504-2067, as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2025-26.
SECTION 11. CEQA. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 12. 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 13. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2025-290
May 21, 2025
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of May, 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, Acting City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
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Resolution No. 2025-290
May 21, 2025
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-290, adopted at a regular meeting held on the 21st day of May, 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 May, 2025.
Telicia Lopez, Acting City Clerk
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Resolution No. 2025-291
Resolution No. 2025-291
May 21, 2025
RESOLUTION NO. 2025-291
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN ASSESSMENT DISTRICTS NOS.
1017, 1019, 1020, 1023 AND 1024 FOR FISCAL YEAR 2025-26, APPROVING THE ENGINEER’S REPORT AND
PROVIDING NOTICE OF THE TIME AND PLACE OF
HEARING ON PROPOSED ASSESSMENTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment District No. 1017, 1019, 1020, 1023 and 1024 of the City of San Bernardino (collectively, the “Assessment Districts”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and
WHEREAS, on April 16, 2025, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2025-26 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2025-26 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law; and WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) The above recitals are true and correct and are incorporated herein by this reference; (b) The report of Spicer Consulting Group, LLC (the “Report”) contains all matters required by the Assessment Law and may, therefore, be approved by the City Council; and (c) The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2025-26 are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities.
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SECTION 2. Intention. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment Districts for fiscal year 2025-26, as set forth in the Report. Those assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments.
SECTION 3. Improvements. (i) The improvements authorized for Assessment Districts Nos. 1017, 1019, 1020 and 1023 are:
(a) The installation or planting of public landscaping and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water, irrigation, drainage or electrical facilities; and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto.
(ii) The improvements authorized for Assessment District No. 1024 are:
(a) The installation or planting of landscaping and sewer lift stations and appurtenant facilities;
(b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, and
(c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto.
SECTION 4. Maintenance. (i) The maintenance to be performed for Assessment Districts Nos. 1017, 1019, 1020 and 1023 consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscape, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage facilities.
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(ii) The maintenance to be performed for Assessment District No. 1024 consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of landscaping and sewer lift stations, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage and wastewater facilities.
SECTION 5. Assessment Districts. The distinctive designation of each of the Assessment Districts is as follows: “Assessment District No. 1017 (Kendall and Pine Area) of the City of San Bernardino,” “Assessment District No. 1019 (Northpark and Mountain Area) of the City of San Bernardino,” “Assessment District No. 1020 (Mill Street and Dallas Avenue Area) of the City of San Bernardino,” “Assessment District No. 1023 (Elm Avenue and Coulston Street Area) of the City of San Bernardino” and “Assessment District No. 1024 (Inland Center Drive and Riverwalk Drive Area) of the City of San Bernardino.” The boundaries of the Assessment Districts are described and shown in the Report.
SECTION 6. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting in which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, the boundaries of the Assessment Districts, and the proposed assessments upon assessable lots and parcels of land therein for the 2025-26 fiscal year.
SECTION 7. Hearing. The time and place of the hearing required by the Assessment Law is set for 5:00 o’clock p.m. on July 16, 2025 in the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Bernardino, California.
SECTION 8. Notice of Hearing. NOTICE IS HEREBY GIVEN that on the date and at the time and place specified in Section 7 hereof, the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment Districts for fiscal year 2025-26. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, which protest must state all grounds of objection and describe the property within the Assessment Districts owned by any such person.
SECTION 9. Publication. The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code. Upon completion of such publication, the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section.
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SECTION 10. Designated Person. The City Council designates Spicer Consulting Group, LLC, telephone number (866) 504-2067, as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2025-26.
SECTION 11. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 12. 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 13. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of May, 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, Acting City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
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Resolution No. 2025-291
May 21, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-291, adopted at a regular meeting held on the 21st day of May, 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 22nd day of May, 2025.
Telicia Lopez,CMC, Acting City Clerk
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Resolution No. 2025-292
Resolution No. 2025-292
May 21, 2025
RESOLUTION NO. 2025-292
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN ASSESSMENT DISTRICT NO.
1022 AND ZONES 1, 2 AND 3 THEREOF FOR FISCAL
YEAR 2025-26, APPROVING THE ENGINEER’S REPORT
AND PROVIDING NOTICE OF THE TIME AND PLACE
OF HEARING ON PROPOSED ASSESSMENTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment District No. 1022 and Zones 1, 2 and 3 thereof of the City of San Bernardino (the “Assessment District”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and
WHEREAS, on April 16, 2025, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2025-26 within the Assessment District and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment District for fiscal year 2025-26 to pay the costs of the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities authorized by the Assessment Law; and
WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law, and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) The above recitals are true and correct and are incorporated herein by this reference;
(b) The report of Spicer Consulting Group, LLC (the “Report”) contains all matters required by the Assessment Law and may, therefore, be approved by the City Council; and (c) The assessments which are proposed to be levied on all parcels of assessable land within the Assessment District for fiscal year 2025-26 are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the Packet Page. 294
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May 21, 2025
payment of the cost of the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities.
SECTION 2. Intention. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment District for fiscal year 2025-26, as set forth in the Report. Those assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments.
SECTION 3. Improvements. The improvements authorized for the Assessment District are:
(a) The installation or planting of landscaping and lighting and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto.
SECTION 4. Maintenance. The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of landscaping and lighting, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage facilities.
SECTION 5. Assessment District. The distinctive designation of the Assessment District is “Assessment District No. 1022 (Zone 1, Zone 2 and Zone 3) (San Bernardino International Airport/Alliance-California) of the City of San Bernardino.” The boundaries of the Assessment District are described and shown in the Report.
SECTION 6. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting in which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, the boundaries of the Assessment District, the zones therein, and the proposed assessments upon assessable lots and parcels of land therein for the 2025-26 fiscal year.
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SECTION 7. Hearing. The time and place of the hearing required by the Assessment Law is set for 5:00 o’clock p.m. on July 16, 2025 in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California.
SECTION 8. Notice of Hearing. NOTICE IS HEREBY GIVEN that on the date and at the time and place specified in Section 7 hereof, the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment District for fiscal year 2025-26. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, which protest must state all grounds of objection and describe the property within the Assessment District owned by any such person.
SECTION 9. Publication. The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code. Upon completion of such publication, the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section.
SECTION 10. Designated Person. The City Council designates Spicer Consulting Group, LLC, telephone number (866) 504-2067, as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2025-26.
SECTION 11. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 12. 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 13. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2025-292
May 21, 2025
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of May, 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC , Acting City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
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Resolution No. 2025-292
May 21, 2025
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-292, adopted at a regular meeting held on the 21st day of May, 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 22nd day of May, 2025.
Telicia Lopez, CMC, Acting City Clerk
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RESOLUTION NO. 2025-293
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN ASSESSMENT DISTRICTS NOS.
1025 AND 1027 FOR FISCAL YEAR 2025-26, APPROVING
THE ENGINEER’S REPORT AND PROVIDING NOTICE OF
THE TIME AND PLACE OF HEARING ON PROPOSED
ASSESSMENTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment Districts Nos. 1025 and 1027 of the City of San Bernardino (collectively, the “Assessment Districts”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and
WHEREAS, on April 16, 2025, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2025-26 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2025-26 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law; and WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) The above recitals are true and correct and are incorporated herein by this reference; (b) The report of Spicer Consulting Group, LLC (the “Report”) contains all matters required by the Assessment Law and may, therefore, be approved by the City Council; and (c) The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2025-26 are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities.
Packet Page. 299
Resolution No. 2025-293
Resolution No. 2025-293
May 21, 2025