Agenda packet — Mayor and City Council, July 2, 2025 (part 1 of 2)

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, JULY 02, 2025
4:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG

Theodore Sanchez Helen Tran

Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Bill Gallardo
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa

Sonia Carvalho
MAYOR PRO TEM, WARD 3 CITY ATTORNEY
Fred Shorett

Telicia Lopez
COUNCIL MEMBER, WARD 4 ACTING CITY CLERK
Kim Knaus

COUNCIL MEMBER, WARD 5
Mario Flores

COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 3845002 TWO

WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR

REASONABLE ACCOMMODATIONS
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup.

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

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

CALL TO ORDER

Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
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

4:00 P.M.

CLOSED SESSION PUBLIC COMMENT

CLOSED SESSION Pg. 12
A) 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

B) CONFERENCE WITH LEGAL COUNSEL Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): 1 Case

5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PRESENTATIONS

1. Proclamation for Parks and Recreation Month in the City of San Bernardino – July 2025 (All Wards) Pg. 13

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

PUBLIC HEARING

2. Conduct a Public Hearing to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal Services. (All Wards) Pg. 16
Recommendation:

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

1. Conduct a public hearing to receive public comments on the proposed Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal Services; and,

2. Determine if written protests have been received from the owners and tenants of parcels which are subject to the Maximum Permitted Services Rates for Integrated Solid Waste Collection, Processing, and Disposal and whether a majority protest has been received; and,

3. If there is no majority protest, adopt Resolution No. 2025310 of the Mayor and City Council of the City of San Bernardino, California establishing the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal starting July 2, 2025.

CITY MANAGER UPDATE

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CONSENT CALENDAR

3. Approval of Various Mayor and City Council Meeting Minutes (All Wards) Pg. 41 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. May 3, 2023 Regular Meeting Draft Minutes

2. August 2, 2023 Regular Meeting Draft Minutes

3. October 4, 2023 Regular Meeting Draft Minutes

4. November 15, 2023 Regular Meeting Draft Minutes

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

4. Join the California Community Housing Agency (CalCHA) MiddleIncome Rental Housing Program (All Wards) Pg. 99
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025323:

1. Authorizing the City to become a member of the California Community Housing Agency (CalCHA); and

2. Approving and authorizing the City Manager to enter into a Joint Exercise of Powers Agreement relating to the Agency and one or more Public Benefit Agreements with the Agency; and

3. Approving the Agency’s issuance of Revenue Bonds for the new construction of essential middleincome housing projects within City limits.

5. Resolutions Updating the Bank and Investment Account Signature Authority (All Wards) Pg. 194
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino, adopt the attached Resolutions updating the City’s and Successor Agency’s bank and investment account signature authority.

6. Authorize a Vendor Services Agreement with DM & G Construction and Engineering Services Inc. for Installation of Guardrails in the amount of $193,560 (All Wards) Pg. 227
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 Vendor Services Agreement with DM & G Construction and Engineering Services Inc. for the installation of guardrails; and

2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $193,560 for FY 25/26; and

3. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $100,000 for FY 26/27 and $100,000 for FY 27/28.

7. Authorize a Cooperative Agreement with the City of Colton for Traffic Signal Design and Construction for Hunts Lane Harwick Drive in the amount of $385,000 (Ward 3) Pg. 248
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution 2025321 authorizing the City Manager to execute Cooperative Agreement with the City of Colton for traffic signal design and construction for Hunts Lane and Harwick Drive.

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

8. Accept Highway Safety Improvement Program (HSIP) Cycle 12 Grant – E Street Median in the amount of $3,152,700 (Ward 1 & 3) Pg. 271 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025322:

1. Approving the Acceptance of the Highway Safety Improvement Program (HSIP) Cycle 12 Grant in the amount of $3,152,700; and

2. Authorizing the City Manager or designee to approve grant matching funds in the amount of $100,300 from the Traffic Safety Fund; and

3. Designating the City Manager, or designee, as a responsible agency official authorized to sign project agreements and certifications for the preparation of the HSIP Cycle 12 Project; and

4. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 CIP budget with an additional $100,300 from the Traffic Safety Fund to bring the total project budget to $3,503,000; and

5. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 CIP budget with an additional $3,503,000 in HSIP Cycle 12 grant funding.

DISCUSSION

9. Approve the Annual Renewal of the City’s Risk Management Insurance Policies in the amount of $3,337,089 for FY 2025/26 (All Wards) Pg. 282 Recommendation:

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

1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and

2. Authorize the City Manager or designee to execute all related documentation.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

10. Discuss partnering with Family Assistance Program and Assembly Member James Ramos to create housing opportunities at Patton State Hospital for the unsheltered (All Wards) – (Council Member Ortiz) Pg. 296

11. Strategic Planning, Goal Setting, and Team Building Session (All Wards) – (Council Member Sanchez) Pg. 297

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

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

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 July 16, 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 7

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 July, 2 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, June, 27, 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 8 NOTICE:

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

Public Comments and Testimony:

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

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

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

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

Rule 5. Time Limits:

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

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

Mayor and City Council of the City of San Bernardino Page 9

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

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

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

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

Mayor and City Council of the City of San Bernardino Page 10

ALTERNATE MEETING VIEWING METHOD
If there are 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 COM

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

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

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

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909-384-5002 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. 2024-029, 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.”
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, JULY 02, 2025
4:00 PM CLOSED SESSION 5:00 PM OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez
COUNCIL MEMBER, WARD 1 Helen Tran
MAYOR
Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 7
Sandra Ibarra
COUNCIL MEMBER, WARD 2
Bill Gallardo
INTERIM CITY MANAGER
Juan Figueroa
COUNCIL MEMBER, WARD 3
Sonia Carvalho
CITY ATTORNEY
Fred Shorett
MAYOR PRO TEM, WARD 4
Telicia Lopez
ACTING CITY CLERK
Kim Knuas
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 PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 3845002 TWO WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR
REASONABLE ACCOMMODATIONS
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup.

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

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
4:00 P.M.

CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
A)
A) 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
B) CONFERENCE WITH LEGAL COUNSEL Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): 1 Case 5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT

PRESENTATIONS

1. Proclamation for Parks and Recreation Month in the City of San Bernardino – July 2025 (All Wards)
PUBLIC HEARING

2. Conduct a Public Hearing to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal Services. (All Wards)
Recommendation:

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

1. Conduct a public hearing to receive public comments on the proposed Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal Services; and,

CITY MANAGER UPDATE
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA CONSENT CALENDAR

3. Approval of Various Mayor and City Council Meeting Minutes Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:

1. May 3, 2023 Regular Meeting Draft Minutes

2. August 2, 2023 Regular Meeting Draft Minutes

3. October 4, 2023 Regular Meeting Draft Minutes

4. November 15, 2023 Regular Meeting Draft Minutes

4. Join the California Community Housing Agency (CalCHA) MiddleIncome Rental Housing Program (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025323:

1. Authorizing the City to become a member of the California Community Housing Agency (CalCHA); and

2. Approving and authorizing the City Manager to enter into a Joint Exercise of Powers Agreement relating to the Agency and one or more Public Benefit Agreements with the Agency; and

3. Approving the Agency’s issuance of Revenue Bonds for the new construction of essential middleincome housing projects within City limits.

5. Resolutions Updating the Bank and Investment Account Signature Authority (All Wards)
Recommendation:

6. Authorize a Vendor Services Agreement with DM & G Construction and Engineering Services Inc. for Installation of Guardrails in the amount of $193,560 (All Wards) Recommendation:

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

1. Authorize the City Manager to execute a Vendor Services Agreement with DM & G Construction and Engineering Services Inc. for the installation of guardrails; and

2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $193,560 for FY 25/26; and

3. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $100,000 for FY 26/27 and $100,000 for FY 27/28.

7. Authorize a Cooperative Agreement with the City of Colton for Traffic Signal Design and Construction for Hunts Lane Harwick Drive in the amount of $385,000 (Ward 3) Recommendation:

8. Accept Highway Safety Improvement Program (HSIP) Cycle 12 Grant – E Street Median in the amount of $3,152,700 (Ward 1 & 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025322:

1. Approving the Acceptance of the Highway Safety Improvement Program (HSIP) Cycle 12 Grant in the amount of $3,152,700; and

2. Authorizing the City Manager or designee to approve grant matching funds in the amount of $100,300 from the Traffic Safety Fund; and

3. Designating the City Manager, or designee, as a responsible agency official authorized to sign project agreements and certifications for the preparation of the HSIP Cycle 12 Project; and

5. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 CIP budget with an additional $3,503,000 in HSIP Cycle 12 grant funding.

DISCUSSION

9. Approve the Annual Renewal of the City’s Risk Management Insurance Policies in the amount of $3,337,089 for FY 2025/26 (All Wards)
Recommendation:

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

1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and

2. Authorize the City Manager or designee to execute all related documentation.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

11.Strategic Planning, Goal Setting, and Team Building Session (All Wards) – (Council Member Sanchez)
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

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 July, 2, 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, June, 27, 2025 .

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

NOTICE:

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

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

Rule 5. Time Limits:

5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.

5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.

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.

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

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:

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 regularmeeting.

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.” Mayor and City Council of the City of San Bernardino Page 11 This page intentionally left blank.
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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: July 2, 2025
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney's Office
Subject: Closed Session
Recommendation:

A) 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
B) CONFERENCE WITH LEGAL COUNSEL - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): 1 Case.

Click or tap here to enter text.

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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: July 2, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Parks and Recreation Month in the City of San Bernardino – July 2025 (All Wards)
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PROCLAMATION OF

THE MAYOR & CITY COUNCIL
PROCLAIMING JULY 2025, AS

PARKS AND RECREATION MONTH

IN THE CITY OF SAN BERNARDINO
WHEREAS, parks and recreation is an integral part of communities throughout this country, including the City of San Bernardino; and
WHEREAS, parks and recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and
WHEREAS, parks and recreation encourages time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer’s disease; and
WHEREAS, parks and recreation supports physical activity by providing space for sports, hiking trails, swimming pools, playgrounds, and other amenities designed to promote active lifestyles; and
WHEREAS, parks and recreation is a leading provider of healthy meals, nutrition services, and educational opportunities; and
WHEREAS, park and recreation programming — including after-school programs, youth sports, summer camps, and environmental education — plays a vital role in the development of San Bernardino’s youth and lifelong learning for residents of all ages; and
WHEREAS, parks and recreation contributes to the economic prosperity of San Bernardino by increasing property values, expanding the local tax base, attracting tourism, retaining businesses, and reducing crime; and
WHEREAS, parks and recreation is fundamental to the environmental well-being of our community, preserving green spaces, protecting natural resources, and promoting sustainability; and
WHEREAS, San Bernardino’s parks, trails, community centers, and open spaces ensure ecological beauty, offer places for recreation, and provide welcoming spaces for people of all ages to connect, gather, and celebrate together; and WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and
WHEREAS, the City of San Bernardino proudly recognizes and celebrates the many benefits provided by our local parks, recreation services, and community centers.

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NOW, THEREFORE, BE IT RESOLVED THAT, the Mayor and City Council of the City of San Bernardino hereby proclaim the month of July 2025 as “Park and Recreation Month” in the City of San Bernardino, under the theme “San Bernardino Parks: Where Community Comes Together”, and encourage all residents to enjoy, support, and take pride in the parks, programs, and recreational opportunities that enrich the lives of everyone in our community.

Presented on the 2nd day of July 2025

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: July 2, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Conduct a Public Hearing to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid
Waste Collection, Processing, and Disposal Services. (All Wards)
Recommendation:

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

1. Conduct a public hearing to receive public comments on the proposed Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal Services; and,

3. If there is no majority protest, adopt Resolution No. 2025-310 of the Mayor and City Council of the City of San Bernardino, California establishing the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal starting July 2, 2025.

Executive Summary
The City of San Bernardino (“City”) has an exclusive franchise agreement (“Franchise Agreement”) with Burrtec Waste Industries (“Burrtec”) to provide solid waste, recycling and organics collection and processing services to all residential, commercial and industrial businesses within the City through automated carts, front-load bins, roll- offs. Through the franchise agreement, Burrtec may request periodic rate increases

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to cover the costs of providing solid waste collection and processing services. The proposed rate increase is $1.33 per residence; the CPI portion is 2.61% or $0.6895 while the remaining 2.39% is $0.6314 per single-family residential account. This would raise the residential rate from $26.42 to $27.75 per month. Commercial rates may increase from 2.61% to 8%, depending on the type and frequency of the commercial service.

Under Proposition 218 (Article XIII D, Section 6 of the California Constitution), notice of a public hearing regarding rate increases was mailed to property owners and tenants of the properties receiving solid waste collection services 45 days in advance of this scheduled public hearing. (Attachment 2).

Background
The term of the franchise agreement for solid waste services was initially April 1, 2016, through March 31, 2026 and was subsequently extended to March 31, 2031 by the adoption of the Third Amendment to the Franchise Agreement on July 3, 2024.

Consumer Price Index Adjustments
Section 21.1.3 (a) of the franchise agreement between Burrtec and the City provides that Burrtec may increase the Maximum Permitted Service Rates by the Consumer Price Index (“CPI”) each July 1. Section 21.1.3(b) of the franchise agreement allows for a CPI rate adjustment to a maximum of a 5% increase annually, with any amount above 5% or below 0% carried forward and applied in subsequent years. Burrtec must send the proposed rate adjustment calculations and full rate schedule to the City Manager for review by March 1 of each year.

The CPI for the rate increases shall refer to the 12-month annual average percentage change for the most recent January 1 – December 31 period, compared to the prior January 1 – December 31 period, in the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Labor Statistics.

Discussion
Burrtec has provided the City with the FY 2025-26 Proposed Solid Waste Rate adjustments (See Attachment 3). Burrtec is entitled to a 2.61% CPI adjustment for residential customers. Due to increased costs for materials and fuels, Burrtec has requested an additional increase of 2.39% to recover a small portion of the overall SB 1383 Residential Program Costs. This small increase for the SB 1383 organic waste program recognizes that program costs for the implementation of the SB 1383 regulations are causing upward pressure on residential rates after the first full year of implementation.

The total proposed rate increase is $1.33 per residence or 5.03%. In the proposed current rate, the CPI portion is 2.61% or $0.6895 while the remaining 2.39% is $0.6314 per single-family residential account. This would raise the residential rate from $26.42 to $27.75 per month.

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It's important to note that the City of San Bernardino continues to have the lowest rate in the region, and that cities such as Los Angeles and San Diego are proposing monthly residential rate increases above $50.00. Attachment 1 shows current and proposed residential refuse rates in effect for 2024-2025 and proposed (where applicable) for 2025-2026 for various jurisdictions within the southern California area. As shown in Attachment 1, residential refuse rates for FY2025-2026 range from $27.75 as proposed for the City of San Bernardino to a high of $43.81 for the City of Ontario; the average for 18 cities surveyed is $37.07.

In addition, Burrtec is entitled to CPI increase for Commercial Rates of 2.61%. With SB 1383 Program Costs, these proposed increases range from 4-8% based on frequency based on collection.
2021-2025 Strategic Targets and Goals
Setting the public hearing aligns with Key Target No. 3c: Improved Quality of Life by evaluating and enhancing the quality of public safety services and Key Target No. 3d: Improved Quality of Life by improving the City’s appearance, cleanliness, and attractiveness
Fiscal Impact
There is an anticipated increase in revenues to the General Fund if the rate increase is adopted by the Mayor and City Council. These revenues will vary based on the types of solid waste services selected by the community. In FY 2024-25, the City expects to receive $10,763,500 in franchise fees. If the solid waste rates are approved, this amount may increase by approximately 5% in FY2025-26.

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

1. Conduct a public hearing to receive public comments on the proposed Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal Services; and,

Attachments
Attachment 1 Residential Rate Survey

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Attachment 2 Proposition 218 Notice
Attachment 3 Proposed Solid Waste Rates
Attachment 4 Resolution 2025-310
Ward:

All Wards
Synopsis of Previous Council Actions:

January 25, 2016 - Resolution of the Mayor and City Council of San Bernardino approving a ten-year Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc.

December 7, 2022 – Notice of Intent to Conduct a Public Hearing on December 7, 2022, to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, and Organic Waste Collection, Processing and Disposal Services, Street Sweeping, and Right-of-Way Cleanup Service.

February 15, 2023 – Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards).

May 17, 2023 - Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards) June 21, 2023 – Continuation, to July 19, 2023, of Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act.

July 19, 2023 – Continuation to September 6, 2023, of Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act.

September 6, 2023 – Continuation, to January 17, 2024, of Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste

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Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act.

January 17, 2024 – Cancellation of January 17, 2024, Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act.

July 3, 2024 - Approval of the Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc.

May 4, 2025 – Resolution Declaring Intention to Conduct a Public Hearing on July 2, 2025, to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, And Disposal Services (All Wards)

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Attachment 1
Table of Refuse Rates
6/12/2025
Jurisdiction Hauler Residential
(2023-2024)
Residential
(2024-2025)
Percent
Change 2024-
2025
Residential
(proposed
2025-2026)
Percent
Change 2025-
2026
San Bernardino Burrtec 26.42$ 26.42$ 0.00% 27.75$ 5.03% Loma Linda CR&R 28.08$ 29.35$ 4.52% $30.14 2.69% Colton CR&R 32.44$ 32.44$ 0.00% 32.44$ 0.00% Moreno Valley Waste Mangement 32.19$ 32.99$ 2.49% 32.99$ 0.00% Rancho Cucamonga Burrtec 30.57$ 33.44$ 9.39% 34.93$ 4.46% Highland Burrtec 33.95$ 33.95$ 0.00% 34.84$ 2.62% Rialto Burrtec 34.55$ 34.55$ 0.00% 36.56$ 5.82% Grand Terrace Burrtec 34.05$ 35.58$ 4.49% 34.72$ -2.42% Fontana Burrtec 36.15$ 36.15$ 0.00% 37.63$ 4.09% Chino Waste Management 35.55$ 36.97$ 3.99% 38.82$ 5.00% Pomona City of Pomona 35.50$ 37.28$ 5.01% 38.40$ 3.00% Riverside City of Riverside / Athens Disposal 34.72$ 37.32$ 7.49% 39.75$ 6.51% Upland Burrtec 36.58$ 38.09$ 4.13% 39.54$ 3.81% Montclair Burrtec 37.64$ 38.71$ 2.84% 39.91$ 3.10% San Bernardino County Burrtec 38.40$ 40.28$ 4.90% 41.29$ 2.51% Redlands City of Redlands 40.77$ 40.77$ 0.00% 40.77$ 0.00% Yucaipa Burrtec 34.58$ 42.23$ 22.12% 43.03$ 1.89% Ontario City of Ontario 39.78$ 43.81$ 10.13% 43.81$ 0.00% Average Rate All Jurisdictions 34.55$ 36.13$ 37.07$

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Notice of Public Hearing to Consider
Solid Waste Collection Service Rates Increase
Proposition 218 Notification
Wednesday, July 2, 2025
Notice is hereby given that the City of San Bernardino (“City”) will conduct a public hearing on July 2, 2025, at 5 p.m. at the Feldheym Central Library, 555 West 6th Street, San Bernardino, CA 92410 to consider adopting increases to the rates for collection, processing, and disposal of solid waste within the City (collectively, “Solid Waste Services”).

The purpose of the public hearing is to consider all oral testimony and written protests to, and the adoption of, the proposed rates. This 45-day notice is hereby given in accordance with Section 6(a) of Article XIII D of the California Constitution.

About Solid Waste Collection Services and Rates
Burrtec Waste Industries, Inc. (“Burrtec”) provides solid waste services within the City under an exclusive franchise agreement. In compliance with Proposition 218, Article XIII D of the California State Constitution, and the Proposition 218 Omnibus Implementation Act, the City hereby notifies all affected property owners and occupants of the properties receiving Solid Waste Services of proposed rate increases for the City’s residential and commercial Solid Waste Services.

The proposed rate increase is necessary to cover the inflationary increase for Solid Waste Services and the costs of providing mandatory organic waste collection services, required by the regulations implementing Senate Bill 1383 (Chapter 395, Statutes of 2016). These new rates will fund services such as weekly organic waste collection, outreach, education, monitoring, and reporting to ensure compliance with SB 1383 regulations.

The rates will apply to six customer classes: (1) mobile home, (2) single-family, (3) multi-family dwelling, (4) commercial, (5) roll-offs, and (6) additional services for other customers. The rate adjustments are based on factors including the size and type of containers used (e.g., trash, recycling, or green/organic waste), as well as the frequency of waste pickups.

A public hearing will be held to consider these new rates. All interested persons are invited to participate in the hearing and provide a written protest to the proposed rate increase. If the rates are adopted on July 2, 2025, they will become effective on July 2, 2025. For questions about the Public Hearing process or the proposed rates, please call 909-384-5375 or visit https://sbcity.org/819/Solid-Waste-Rates.

Proposed Rates
The proposed FY 2025-26 rates include a 2.61% inflationary increase for residential and commercial customers. Burrtec has requested an additional rate increase of 2.39% (for a total rate increase of 5%) due to increasing costs associated with providing SB 1383 mandated organics recycling for residential and commercial customers in order to allow Burrtec to recover a portion of the overall SB 1383 program costs for FY 2025-26, with the balance of these costs to be recovered in FY 2026-27.

The table below shows examples of the current and proposed monthly rates for residential cart service and the base commercial barrel service. For full rate details for all City customer service levels, roll-off services, and additional services please see Exhibit A or visit the City of San Bernardino Solid Waste Rates page at https://sbcity.org/819/Solid- Waste-Rates.

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Residential Service Current Rates Proposed 2025 Rates Monthly Increase Residential/MF Barrel $26.42 $27.75 $1.33
Residential 35-Gal Barrel $23.43 $24.60 $1.17
Residential 35-Gal Barrel
Service
$21.09 $22.14 $1.05
Mobile Home – 3 Barrel Service $17.73 $18.62 $0.89
Mobile Home Complex – 2
Barrel Service
$17.73 $18.62 $0.89
Commercial Service Current Rates Proposed 2025 Rates Monthly Increase Commercial Barrel (1x Per
Week)
$26.42 $27.61 $1.19
Annual Adjustments
CPI Adjustment: The proposed maximum rates for Solid Waste Services in Exhibit A account for inflation, subject to a 5% cap on Maximum Permitted Service Rates. Beginning July 1, 2026, and each July 1 thereafter, through and including July 1, 2030, the then-current Maximum Permitted Service Rates will be adjusted by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urbans Consumer Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Statistics.

Public Hearing Process
Any property owner whose property is to be subject to the proposed increases to the rates for Solid Waste Services and any tenant directly responsible for the payment of such fees (i.e., a customer of record) may submit a written protest to the proposed rate increases; provided, however, only one protest will be counted per identified parcel.

Written protests must include the following:
(1) State that the identified property owner or tenant is in opposition to the proposed rate increase to the fees; (2) The location of the identified parcel (by assessor’s parcel number or street address); and (3) The name and signature of the property owner or tenant submitting the protest.

If the person submitting the written protest is the owner of record but was not shown on San Bernardino County’s last equalized assessment roll as the property owner, that person must provide written evidence that the person is the property owner.

Written protests may be submitted by mail or in person to the City Clerk’s Office, provided they are received prior to 3 p.m. on July 2, 2025. Written protests may also be submitted to the City Clerk at the Public Hearing prior to the close of the public comment portion of the Public Hearing. Written protests submitted via e-mail will not be accepted. Please identify on the front of the envelope for any protest, whether mailed or submitted in person, Attn: Solid Waste Rates.

Written protests may be submitted as follows:

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BY MAIL TO:
(by July 2, 2025, 3 p.m.)
HAND DELIVERED TO CITY CLERK’S OFFICE:
(by July 2, 2025, 3 p.m.)
SAN BERNARDINO CITY CLERK’S OFFICE
ATTN: SOLID WASTE RATES
290 NORTH “D” STREET
SAN BERNARDINO, CA 92401
SAN BERNARDINO CITY CLERK’S OFFICE
ATTN: SOLID WASTE RATES
201 NORTH “E” STREET BUILDING A
SAN BERNARDINO, CA 92401
IN PERSON AT PUBLIC HEARING:
(on July 2, 2025,
5 p.m. until close of public comment)

FELDHEYM CENTRAL LIBRARY
555 WEST 6TH STREET
SAN BERNARDINO, CA 92410
The City Council will consider all written protests and hear and consider all oral comments regarding the proposed rate increases for Solid Waste Services and the annual rate adjustments at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Owners of multiple properties must file a separate written protest for each property. Only one written protest per parcel will be counted. Protests sent by email or fax , or received after the Public Hearing is closed, will not be counted. Public comments at the Hearing will not qualify as a formal protest unless accompanied by a written protest.

After the conclusion of the Public Hearing, if written protests are submitted by a majority of affected property owners or tenants of the parcels receiving Solid Waste Services, the proposed solid waste collection service rates may not be implemented. If written protests are not submitted by a majority of affected property owners or tenants, then the City Council may impose the rate increases. If adopted, the proposed rate increases will take effect beginning July 2, 2025.

The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Services.

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Burrtec Waste Industries, IncCity of San BernardinoEXHIBIT 1CurrentProposedCurrentProposedRates2025Rates2025Residential/MF Barrel26.42$ 27.75$ 26.42$ 27.61$ Residential 35 Gal Barrel23.43$ 24.60$ Resi 35 Gal Bar Senior21.09$ 22.14$ Mobile Home - 3 Bar Serv17.73$ 18.62$ SizeFreqMobile Home Compx - 2 Bar17.73$ 18.62$ 2 cu. yrd.1 x Wk152.41$ 160.50$ 2 cu. yrd.2 x Wk285.57$ 301.28$ 2 cu. yrd.3 x Wk420.12$ 443.45$ SizeFreq2 cu. yrd.4 x Wk553.86$ 584.80$ 1 cu. yrd.1 x Wk128.28$ 133.69$ 2 cu. yrd.5 x Wk687.86$ 726.43$ 1 cu. yrd.2 x Wk235.06$ 245.32$ 2 cu. yrd.6 x Wk914.95$ 963.57$ 1 cu. yrd.3 x Wk348.56$ 363.85$ 3 cu. yrd.1 x Wk179.87$ 190.75$ 1 cu. yrd.4 x Wk459.37$ 479.62$ 3 cu. yrd.2 x Wk335.00$ 356.11$ 1 cu. yrd.5 x Wk567.48$ 592.61$ 3 cu. yrd.3 x Wk492.89$ 524.31$ 1 cu. yrd.6 x Wk757.61$ 789.77$ 3 cu. yrd.4 x Wk643.92$ 685.46$ 2 cu. yrd.1 x Wk128.87$ 136.35$ 3 cu. yrd.5 x Wk805.93$ 857.88$ 2 cu. yrd.2 x Wk236.22$ 250.64$ 3 cu. yrd.6 x Wk1,076.39$ 1,141.58$ 2 cu. yrd.3 x Wk350.32$ 371.83$ 4 cu. yrd.1 x Wk179.87$ 192.81$ 2 cu. yrd.4 x Wk461.70$ 490.23$ 4 cu. yrd.2 x Wk335.00$ 360.22$ 2 cu. yrd.5 x Wk570.42$ 605.92$ 4 cu. yrd.3 x Wk492.89$ 530.48$ 2 cu. yrd.6 x Wk761.10$ 805.70$ 4 cu. yrd.4 x Wk643.92$ 693.70$ 3 cu. yrd.1 x Wk137.52$ 147.30$ 4 cu. yrd.5 x Wk805.93$ 868.16$ 3 cu. yrd.2 x Wk260.45$ 279.61$ 4 cu. yrd.6 x Wk1,076.39$ 1,153.93$ 3 cu. yrd.3 x Wk387.00$ 415.65$ 3 cu. yrd.4 x Wk508.39$ 546.38$ 3 cu. yrd.5 x Wk632.44$ 679.86$ SizeFreq3 cu. yrd.6 x Wk967.58$ 1,029.93$ 1 cu. yrd.1 x Wk123.20$ 126.42$ 4 cu. yrd.1 x Wk151.54$ 163.74$ 1 cu. yrd.2 x Wk227.60$ 233.55$ 4 cu. yrd.2 x Wk286.96$ 310.92$ 1 cu. yrd.3 x Wk334.68$ 343.43$ 4 cu. yrd.3 x Wk422.35$ 458.09$ 1 cu. yrd.4 x Wk441.75$ 453.30$ 4 cu. yrd.4 x Wk556.44$ 603.93$ 1 cu. yrd.5 x Wk547.45$ 561.76$ 4 cu. yrd.5 x Wk690.50$ 749.71$ 2 cu. yrd.1 x Wk124.09$ 127.33$ 4 cu. yrd.6 x Wk1,194.23$ 1,274.85$ 2 cu. yrd.2 x Wk229.37$ 235.37$ 6 cu. yrd.1 x Wk219.94$ 238.04$ 2 cu. yrd.3 x Wk337.33$ 346.15$ 6 cu. yrd.2 x Wk419.68$ 455.35$ 2 cu. yrd.4 x Wk445.28$ 456.92$ 6 cu. yrd.3 x Wk620.77$ 674.05$ 2 cu. yrd.5 x Wk551.88$ 566.31$ 6 cu. yrd.4 x Wk827.26$ 898.29$ 3 cu. yrd.1 x Wk133.05$ 136.53$ 6 cu. yrd.5 x Wk1,016.26$ 1,104.58$ 3 cu. yrd.2 x Wk251.25$ 257.82$ 6 cu. yrd.6 x Wk1,207.95$ 1,313.63$ 3 cu. yrd.3 x Wk367.95$ 377.57$ 3 cu. yrd.4 x Wk484.67$ 497.34$ 3 cu. yrd.5 x Wk599.99$ 615.68$ SizeFreq4 cu. yrd.1 x Wk145.54$ 149.35$ 1 cu. yrd.1 x Wk145.42$ 151.28$ 4 cu. yrd.2 x Wk270.47$ 277.54$ 1 cu. yrd.2 x Wk266.44$ 277.52$ 4 cu. yrd.3 x Wk396.78$ 407.15$ 1 cu. yrd.3 x Wk395.11$ 411.62$ 4 cu. yrd.4 x Wk524.47$ 538.18$ 1 cu. yrd.4 x Wk520.70$ 542.55$ 4 cu. yrd.5 x Wk649.41$ 666.39$ 1 cu. yrd.5 x Wk643.27$ 670.38$ 6 cu. yrd.1 x Wk167.50$ 171.88$ 1 cu. yrd.6 x Wk858.77$ 893.57$ 6 cu. yrd.2 x Wk311.65$ 319.80$ 2 cu. yrd.1 x Wk146.08$ 154.01$ 6 cu. yrd.3 x Wk458.56$ 470.55$ 2 cu. yrd.2 x Wk267.76$ 283.00$ 6 cu. yrd.4 x Wk587.64$ 603.00$ 2 cu. yrd.3 x Wk397.10$ 419.83$ 6 cu. yrd.5 x Wk746.87$ 766.40$ 2 cu. yrd.4 x Wk523.35$ 553.49$ 35Gal Barrel1 x Wk49.64$ 50.94$ 2 cu. yrd.5 x Wk646.58$ 684.08$ 35Gal Barrel2 x Wk83.18$ 85.35$ 2 cu. yrd.6 x Wk862.73$ 909.99$ 35Gal Barrel3 x Wk111.54$ 114.46$ 3 cu. yrd.1 x Wk155.88$ 166.14$ 35Gal Barrel4 x Wk140.33$ 144.00$ 3 cu. yrd.2 x Wk295.24$ 315.31$ 35Gal Barrel5 x Wk179.15$ 183.83$ 3 cu. yrd.3 x Wk438.67$ 468.67$ 65Gal Barrel1 x Wk56.16$ 57.63$ 3 cu. yrd.4 x Wk576.27$ 616.04$ 65Gal Barrel2 x Wk96.13$ 98.64$ 3 cu. yrd.5 x Wk716.89$ 766.51$ 65Gal Barrel3 x Wk130.90$ 134.32$ 3 cu. yrd.6 x Wk1,096.78$ 1,162.51$ 65Gal Barrel4 x Wk166.11$ 170.45$ 4 cu. yrd.1 x Wk171.77$ 184.50$ 65Gal Barrel5 x Wk211.36$ 216.89$ 4 cu. yrd.2 x Wk325.27$ 350.23$ 4 cu. yrd.3 x Wk478.75$ 515.97$ 4 cu. yrd.4 x Wk630.74$ 680.17$ SizeFreq4 cu. yrd.5 x Wk782.71$ 844.33$ 2 cu. yrd.1 x Wk263.53$ 270.42$ 4 cu. yrd.6 x Wk1,353.70$ 1,438.49$ 2 cu. yrd.2 x Wk475.26$ 487.69$ 6 cu. yrd.1 x Wk249.30$ 268.17$ 2 cu. yrd.3 x Wk670.32$ 687.85$ 6 cu. yrd.2 x Wk475.72$ 512.86$ 2 cu. yrd.4 x Wk866.88$ 889.54$ 6 cu. yrd.3 x Wk703.65$ 759.10$ 2 cu. yrd.5 x Wk1,095.40$ 1,124.04$ 6 cu. yrd.4 x Wk937.71$ 1,011.63$ 2 cu. yrd.6 x Wk1,257.62$ 1,290.50$ 6 cu. yrd.5 x Wk1,151.95$ 1,243.82$ 35Gal Barrel1 x Wk69.21$ 71.02$ 6 cu. yrd.6 x Wk1,369.23$ 1,479.13$ 35Gal Barrel2 x Wk122.34$ 125.54$ 35Gal Barrel3 x Wk170.26$ 174.71$ 35Gal Barrel4 x Wk218.64$ 224.36$ SizeFreq35Gal Barrel5 x Wk277.04$ 284.28$ All Sizes1 x Wk53.59$ 54.99$ 35Gal Barrel6 x Wk314.76$ 322.99$ All Sizes2 x Wk107.17$ 109.97$ 65Gal Barrel1 x Wk78.46$ 80.51$ All Sizes3 x Wk160.76$ 164.96$ 65Gal Barrel2 x Wk143.25$ 147.00$ All Sizes4 x Wk215.00$ 220.62$ 65Gal Barrel3 x Wk203.65$ 208.97$ All Sizes5 x Wk268.58$ 275.60$ 65Gal Barrel4 x Wk264.40$ 271.31$ All Sizes6 x Wk322.17$ 330.59$ 65Gal Barrel5 x Wk333.63$ 342.35$ 65Gal Barrel6 x Wk385.35$ 395.43$ Commercial/MF Trash Bins
Commercial Food Waste
Comm/MF/Resi Recycling Bins
Commercial Barrel (1xWk)Commercial CompactorsResidential Trash Bins Commercial/MF/Resi GW Bins

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Burrtec Waste Industries, IncCity of San BernardinoEXHIBIT 1CurrentProposedRates2025SizeFreq35Gal Barrel1 x Wk61.44$ 63.05$ 35Gal Barrel2 x Wk106.79$ 109.58$ 35Gal Barrel3 x Wk146.95$ 150.79$ 35Gal Barrel4 x Wk187.55$ 192.45$ 35Gal Barrel5 x Wk238.19$ 244.42$ 35Gal Barrel6 x Wk268.14$ 275.15$ 65Gal Barrel1 x Wk78.09$ 80.13$ 65Gal Barrel2 x Wk139.98$ 143.64$ 65Gal Barrel3 x Wk196.69$ 201.83$ 65Gal Barrel4 x Wk253.84$ 260.48$ 65Gal Barrel5 x Wk321.00$ 329.39$ 65Gal Barrel6 x Wk367.50$ 377.11$ 95Gal Barrel1 x Wk94.73$ 97.21$ 95Gal Barrel2 x Wk173.16$ 177.69$ 95Gal Barrel3 x Wk246.43$ 252.87$ 95Gal Barrel4 x Wk320.11$ 328.48$ 95Gal Barrel5 x Wk403.83$ 414.39$ 95Gal Barrel6 x Wk466.86$ 479.07$ - All Refuse Permanent - Plus Disposal381.73$ 397.96$ - All Refuse Temporary615.90$ 638.25$ incl Dispincl Disp- All Recycling (Different Materials) - Plus Disposal381.73$ 397.96$ - Waste to Energy 40Yrd - Plus Disposal1,334.81$ 1,375.96$ Roll Off Retractable Lid Monthly Rental Fee239.00$ 251.50$ Receiver312.50$ 326.92$ Compactor Box437.50$ 455.19$ Water Reclamation128.91$ 132.28$ Miscellaneous RO Compactor Repair (per hour)76.21$ 78.20$ Compactor Cleaning (each/single occurrence)151.90$ 155.87$ Dry Run / Relocate Roll Offs (Perm & Temp)85.44$ 87.67$ Roll Off Daily Rental Fee (Perm & Temp)42.03$ 43.13$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 158.62$ per occurrence in excess of 15 minEnd Dump Service (per Hour)234.38$ 240.51$ Certificate of Destruction127.03$ 130.35$ Residential/Commercial- Barrel Exchange (first Exchange free) charge does not apply to17.24$ 17.69$ graffiti or damaged barrelsCommercial- Barrel Replacement comml-lost or stolen85.16$ 87.39$ Bin Services- Bin Exchange (first Exchange free) charge does not apply to86.22$ 88.47$ graffiti or damaged barrels- Bin Replacement + actual cost of bin comml-lost or stolen93.98$ 96.44$ Bin Enclosure Cleaning (each/single occurrence)42.33$ 43.44$ Bin Steam Cleaning (each/single occurrence)42.33$ 43.44$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF)N/CN/CExtra Trash Barrel (Resi/MF/MH/Commercial)14.77$ 15.16$ Extra Recycling Barrel (Resi/MF/MH/) N/CN/CExtra Recycling Barrel (Com) 26.98$ 27.69$ Extra Green Waste Barrel (Resi/MF only)12.93$ 13.27$ Pull Out Service - Bin (1-6 Yard) x176.63$ 78.63$ Temporary Bin (3 Yrd) - 7 Day use78.60$ 80.66$ Temp Bin Dump and Return78.60$ 80.66$ Clean-Up Service (per 15 min)41.27$ 42.35$ Recycling Contamination Barrel10.96$ 11.25$ Recycling Contamination (each bin)67.20$ 68.96$ Extra Pick-Ups Bins - On Service Day1 & 2 Yard (Trash/Recyc)28.80$ 29.55$ 3 Yard (Trash/Recyc)31.32$ 32.14$ 4 Yard (Trash/Recyc)34.31$ 35.21$ 6 Yard (Trash/Recyc)40.65$ 41.71$ Extra Pick-Ups All Bins - On Non-Service Day (Trash)51.25$ 52.59$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc)39.87$ 40.91$ Extra Pick-Ups Compactors (Trash)2 Yard31.32$ 32.14$ 3 & 4 Yard34.31$ 35.21$ Extra Pick-Up Barrel - Residential/Mobile Home10.56$ 10.84$ Extra Pick-Ups FW Bins99.73$ 102.34$ Extra Pick-Ups Barrel - FW29.69$ 30.47$ Tilhopper (3 yd)34.18$ 35.07$ Lock20.16$ 20.69$ Late set-out fee32.74$ 33.60$ Late Fee1.5%1.5%Shopping cart retrieval25.00$ 25.65$ Additional Services
Mult Family Mixed Organics
Roll-Off - Service Only

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Burrtec Waste Industries, Inc
City of San Bernardino
EXHIBIT 1
Current Proposed Current Proposed
Rates 2025 Rates 2025
Residential/MF Barrel 26.42$ 27.75$ 26.42$ 27.61$ Residential 35 Gal Barrel 23.43$ 24.60$
Residential 35 Gal Barrel Sr 21.09$ 22.14$
Mobile Home - 3 Barrel Service 17.73$ 18.62$ Size Freq Mobile Home Complex - 2 Barrel 17.73$ 18.62$ 2 cu. yrd. 1 x Wk 152.41$ 160.50$ 2 cu. yrd. 2 x Wk 285.57$ 301.28$
2 cu. yrd. 3 x Wk 420.12$ 443.45$
Size Freq 2 cu. yrd. 4 x Wk 553.86$ 584.80$
1 cu. yrd. 1 x Wk 128.28$ 133.69$ 2 cu. yrd. 5 x Wk 687.86$ 726.43$ 1 cu. yrd. 2 x Wk 235.06$ 245.32$ 2 cu. yrd. 6 x Wk 914.95$ 963.57$ 1 cu. yrd. 3 x Wk 348.56$ 363.85$ 3 cu. yrd. 1 x Wk 179.87$ 190.75$ 1 cu. yrd. 4 x Wk 459.37$ 479.62$ 3 cu. yrd. 2 x Wk 335.00$ 356.11$ 1 cu. yrd. 5 x Wk 567.48$ 592.61$ 3 cu. yrd. 3 x Wk 492.89$ 524.31$ 1 cu. yrd. 6 x Wk 757.61$ 789.77$ 3 cu. yrd. 4 x Wk 643.92$ 685.46$ 2 cu. yrd. 1 x Wk 128.87$ 136.35$ 3 cu. yrd. 5 x Wk 805.93$ 857.88$ 2 cu. yrd. 2 x Wk 236.22$ 250.64$ 3 cu. yrd. 6 x Wk 1,076.39$ 1,141.58$ 2 cu. yrd. 3 x Wk 350.32$ 371.83$ 4 cu. yrd. 1 x Wk 179.87$ 192.81$ 2 cu. yrd. 4 x Wk 461.70$ 490.23$ 4 cu. yrd. 2 x Wk 335.00$ 360.22$ 2 cu. yrd. 5 x Wk 570.42$ 605.92$ 4 cu. yrd. 3 x Wk 492.89$ 530.48$ 2 cu. yrd. 6 x Wk 761.10$ 805.70$ 4 cu. yrd. 4 x Wk 643.92$ 693.70$ 3 cu. yrd. 1 x Wk 137.52$ 147.30$ 4 cu. yrd. 5 x Wk 805.93$ 868.16$ 3 cu. yrd. 2 x Wk 260.45$ 279.61$ 4 cu. yrd. 6 x Wk 1,076.39$ 1,153.93$ 3 cu. yrd. 3 x Wk 387.00$ 415.65$
3 cu. yrd. 4 x Wk 508.39$ 546.38$
3 cu. yrd. 5 x Wk 632.44$ 679.86$ Size Freq
3 cu. yrd. 6 x Wk 967.58$ 1,029.93$ 1 cu. yrd. 1 x Wk 123.20$ 126.42$ 4 cu. yrd. 1 x Wk 151.54$ 163.74$ 1 cu. yrd. 2 x Wk 227.60$ 233.55$ 4 cu. yrd. 2 x Wk 286.96$ 310.92$ 1 cu. yrd. 3 x Wk 334.68$ 343.43$ 4 cu. yrd. 3 x Wk 422.35$ 458.09$ 1 cu. yrd. 4 x Wk 441.75$ 453.30$ 4 cu. yrd. 4 x Wk 556.44$ 603.93$ 1 cu. yrd. 5 x Wk 547.45$ 561.76$ 4 cu. yrd. 5 x Wk 690.50$ 749.71$ 2 cu. yrd. 1 x Wk 124.09$ 127.33$ 4 cu. yrd. 6 x Wk 1,194.23$ 1,274.85$ 2 cu. yrd. 2 x Wk 229.37$ 235.37$ 6 cu. yrd. 1 x Wk 219.94$ 238.04$ 2 cu. yrd. 3 x Wk 337.33$ 346.15$ 6 cu. yrd. 2 x Wk 419.68$ 455.35$ 2 cu. yrd. 4 x Wk 445.28$ 456.92$ 6 cu. yrd. 3 x Wk 620.77$ 674.05$ 2 cu. yrd. 5 x Wk 551.88$ 566.31$ 6 cu. yrd. 4 x Wk 827.26$ 898.29$ 3 cu. yrd. 1 x Wk 133.05$ 136.53$ 6 cu. yrd. 5 x Wk 1,016.26$ 1,104.58$ 3 cu. yrd. 2 x Wk 251.25$ 257.82$ 6 cu. yrd. 6 x Wk 1,207.95$ 1,313.63$ 3 cu. yrd. 3 x Wk 367.95$ 377.57$ 3 cu. yrd. 4 x Wk 484.67$ 497.34$
3 cu. yrd. 5 x Wk 599.99$ 615.68$
Size Freq 4 cu. yrd. 1 x Wk 145.54$ 149.35$
1 cu. yrd. 1 x Wk 145.42$ 151.28$ 4 cu. yrd. 2 x Wk 270.47$ 277.54$ 1 cu. yrd. 2 x Wk 266.44$ 277.52$ 4 cu. yrd. 3 x Wk 396.78$ 407.15$ 1 cu. yrd. 3 x Wk 395.11$ 411.62$ 4 cu. yrd. 4 x Wk 524.47$ 538.18$ 1 cu. yrd. 4 x Wk 520.70$ 542.55$ 4 cu. yrd. 5 x Wk 649.41$ 666.39$ 1 cu. yrd. 5 x Wk 643.27$ 670.38$ 6 cu. yrd. 1 x Wk 167.50$ 171.88$ 1 cu. yrd. 6 x Wk 858.77$ 893.57$ 6 cu. yrd. 2 x Wk 311.65$ 319.80$ 2 cu. yrd. 1 x Wk 146.08$ 154.01$ 6 cu. yrd. 3 x Wk 458.56$ 470.55$ 2 cu. yrd. 2 x Wk 267.76$ 283.00$ 6 cu. yrd. 4 x Wk 587.64$ 603.00$ 2 cu. yrd. 3 x Wk 397.10$ 419.83$ 6 cu. yrd. 5 x Wk 746.87$ 766.40$ 2 cu. yrd. 4 x Wk 523.35$ 553.49$ 35Gal Barrel 1 x Wk 49.64$ 50.94$ 2 cu. yrd. 5 x Wk 646.58$ 684.08$ 35Gal Barrel 2 x Wk 83.18$ 85.35$ 2 cu. yrd. 6 x Wk 862.73$ 909.99$ 35Gal Barrel 3 x Wk 111.54$ 114.46$ 3 cu. yrd. 1 x Wk 155.88$ 166.14$ 35Gal Barrel 4 x Wk 140.33$ 144.00$ 3 cu. yrd. 2 x Wk 295.24$ 315.31$ 35Gal Barrel 5 x Wk 179.15$ 183.83$ 3 cu. yrd. 3 x Wk 438.67$ 468.67$ 65Gal Barrel 1 x Wk 56.16$ 57.63$ 3 cu. yrd. 4 x Wk 576.27$ 616.04$ 65Gal Barrel 2 x Wk 96.13$ 98.64$ 3 cu. yrd. 5 x Wk 716.89$ 766.51$ 65Gal Barrel 3 x Wk 130.90$ 134.32$ 3 cu. yrd. 6 x Wk 1,096.78$ 1,162.51$ 65Gal Barrel 4 x Wk 166.11$ 170.45$ 4 cu. yrd. 1 x Wk 171.77$ 184.50$ 65Gal Barrel 5 x Wk 211.36$ 216.89$ 4 cu. yrd. 2 x Wk 325.27$ 350.23$
4 cu. yrd. 3 x Wk 478.75$ 515.97$
4 cu. yrd. 4 x Wk 630.74$ 680.17$ Size Freq
4 cu. yrd. 5 x Wk 782.71$ 844.33$ 2 cu. yrd. 1 x Wk 263.53$ 270.42$ 4 cu. yrd. 6 x Wk 1,353.70$ 1,438.49$ 2 cu. yrd. 2 x Wk 475.26$ 487.69$ 6 cu. yrd. 1 x Wk 249.30$ 268.17$ 2 cu. yrd. 3 x Wk 670.32$ 687.85$ 6 cu. yrd. 2 x Wk 475.72$ 512.86$ 2 cu. yrd. 4 x Wk 866.88$ 889.54$ 6 cu. yrd. 3 x Wk 703.65$ 759.10$ 2 cu. yrd. 5 x Wk 1,095.40$ 1,124.04$ 6 cu. yrd. 4 x Wk 937.71$ 1,011.63$ 2 cu. yrd. 6 x Wk 1,257.62$ 1,290.50$ 6 cu. yrd. 5 x Wk 1,151.95$ 1,243.82$ 35Gal Barrel 1 x Wk 69.21$ 71.02$ 6 cu. yrd. 6 x Wk 1,369.23$ 1,479.13$ 35Gal Barrel 2 x Wk 122.34$ 125.54$ 35Gal Barrel 3 x Wk 170.26$ 174.71$
35Gal Barrel 4 x Wk 218.64$ 224.36$
Size Freq 35Gal Barrel 5 x Wk 277.04$ 284.28$
All Sizes 1 x Wk 53.59$ 54.99$ 35Gal Barrel 6 x Wk 314.76$ 322.99$ All Sizes 2 x Wk 107.17$ 109.97$ 65Gal Barrel 1 x Wk 78.46$ 80.51$ All Sizes 3 x Wk 160.76$ 164.96$ 65Gal Barrel 2 x Wk 143.25$ 147.00$ All Sizes 4 x Wk 215.00$ 220.62$ 65Gal Barrel 3 x Wk 203.65$ 208.97$ All Sizes 5 x Wk 268.58$ 275.60$ 65Gal Barrel 4 x Wk 264.40$ 271.31$ All Sizes 6 x Wk 322.17$ 330.59$ 65Gal Barrel 5 x Wk 333.63$ 342.35$ 65Gal Barrel 6 x Wk 385.35$ 395.43$
Commercial/MF Trash Bins
Commercial Food Waste
Comm/MF/Resi Recycling Bins
Commercial Barrel (1xWk)
Commercial Compactors
Residential Trash Bins
Commercial/MF/Resi GW Bins
Attachment 3
1 Packet Page. 27

Burrtec Waste Industries, Inc
City of San Bernardino
EXHIBIT 1
Current Proposed
Rates 2025
Size
Freq
35Gal Barrel 1 x Wk 61.44$ 63.05$
35Gal Barrel 2 x Wk 106.79$ 109.58$
35Gal Barrel 3 x Wk 146.95$ 150.79$
35Gal Barrel 4 x Wk 187.55$ 192.45$
35Gal Barrel 5 x Wk 238.19$ 244.42$
35Gal Barrel 6 x Wk 268.14$ 275.15$
65Gal Barrel 1 x Wk 78.09$ 80.13$
65Gal Barrel 2 x Wk 139.98$ 143.64$
65Gal Barrel 3 x Wk 196.69$ 201.83$
65Gal Barrel 4 x Wk 253.84$ 260.48$
65Gal Barrel 5 x Wk 321.00$ 329.39$
65Gal Barrel 6 x Wk 367.50$ 377.11$
95Gal Barrel 1 x Wk 94.73$ 97.21$
95Gal Barrel 2 x Wk 173.16$ 177.69$
95Gal Barrel 3 x Wk 246.43$ 252.87$
95Gal Barrel 4 x Wk 320.11$ 328.48$
95Gal Barrel 5 x Wk 403.83$ 414.39$
95Gal Barrel 6 x Wk 466.86$ 479.07$
- All Refuse Permanent - Plus Disposal 381.73$ 397.96$ - All Refuse Temporary 615.90$ 638.25$
incl Disp incl Disp
- All Recycling (Different Materials) - Plus Disposal 381.73$ 397.96$ - Waste to Energy 40Yrd - Plus Disposal 1,334.81$ 1,375.96$ Roll Off Retractable Lid Monthly Rental Fee 239.00$ 251.50$ Receiver 312.50$ 326.92$
Compactor Box 437.50$ 455.19$
Water Reclamation 128.91$ 132.28$
Miscellaneous RO Compactor Repair (per hour) 76.21$ 78.20$ Compactor Cleaning (each/single occurrence) 151.90$ 155.87$ Dry Run / Relocate Roll Offs (Perm & Temp) 85.44$ 87.67$ Roll Off Daily Rental Fee (Perm & Temp) 42.03$ 43.13$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 158.62$ per occurrence in excess of 15 min
End Dump Service (per Hour) 234.38$ 240.51$
Certificate of Destruction 127.03$ 130.35$
Residential/Commercial
- Barrel Exchange (first Exchange free) charge does not apply to 1 7.24$ 17.69$ graffiti or damaged barrels
Commercial
- Barrel Replacement comml-lost or stolen 8 5.16$ 87.39$ Bin Services
- Bin Exchange (first Exchange free) charge does not apply to 8 6.22$ 88.47$ graffiti or damaged barrels
- Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ 96.44$ Bin Enclosure Cleaning (each/single occurrence) 42.33$ 43.44$ Bin Steam Cleaning (each/single occurrence) 42.33$ 43.44$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF) N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial) 14.77$ 15.16$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/C
Extra Recycling Barrel (Com) 26.98$ 27.69$
Extra Green Waste Barrel (Resi/MF only) 12.93$ 13.27$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 78.63$
Temporary Bin (3 Yrd) - 7 Day use 78.60$ 80.66$
Temp Bin Dump and Return 78.60$ 80.66$
Clean-Up Service (per 15 min) 41.27$ 42.35$
Recycling Contamination Barrel 10.96$ 11.25$
Recycling Contamination (each bin) 67.20$ 68.96$
Extra Pick-Ups Bins - On Service Day
1 & 2 Yard (Trash/Recyc) 28.80$ 29.55$
3 Yard (Trash/Recyc) 31.32$ 32.14$
4 Yard (Trash/Recyc) 34.31$ 35.21$
6 Yard (Trash/Recyc) 40.65$ 41.71$
Extra Pick-Ups All Bins - On Non-Service Day (Trash) 51.25$ 52.59$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc) 39.87$ 40.91$ Extra Pick-Ups Compactors (Trash)
2 Yard 31.32$ 32.14$
3 & 4 Yard 34.31$ 35.21$
Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 10.84$ Extra Pick-Ups FW Bins 99.73$ 102.34$
Extra Pick-Ups Barrel - FW 29.69$ 30.47$
Tilhopper (3 yd) 34.18$ 35.07$
Lock 20.16$ 20.69$
Late set-out fee 32.74$ 33.60$
Late Fee 1.5% 1.5%
Shopping cart retrieval 25.00$ 25.65$
Additional Services
Mult Family Mixed Organics
Roll-Off - Service Only
Attachment 3
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Resolution No. 2025-310
Resolution No. 2025-310
July 2, 2025

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RESOLUTION NO. 2025-310

RESOLUTION OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,

ADJUSTING THE MAXIMUM PERMITTED SERVICE

RATES FOR INTEGRATED SOLID WASTE

COLLECTION, PROCESSING, AND DISPOSAL
SERVICES FOR FY 2025-26 AND FINDING THIS

ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, Burrtec Waste Industries, Inc. (“Burrtec”) provides refuse, recycling, and organic waste collection, procession and disposal, street sweeping, and right-of-way clean up services to the City of San Bernardino (“City”) pursuant to an exclusive franchise agreement with the City (“Agreement”); and
WHEREAS, Burrtec is required to provide such solid waste services (“Services”) as set forth in the Agreement; and
WHEREAS, since the approval of the Agreement, California law changed to now require the City to implement additional solid waste diversion programs; and WHEREAS, Burrtec will continue to provide Services that comply with regulations to implement SB 1383 (Chapter 395, Statutes of 2016) (“SB 1383 Regulations”) to the City; and WHEREAS, the rate structure for solid waste, recycling, and organics (including green waste and food waste) collection is based on the container size, type of materials accepted in the containers, and frequency of collection; and
WHEREAS, the terms of the Agreement provide a methodology for adjustments to the Maximum Permitted Services Rates, including Consumer Price Index (CPI); and, WHEREAS, the City has determined that it is necessary to impose new, increased or modified rates for its solid waste service charges (collectively herein, the “Charges”); and WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, the Charges will not be imposed on a parcel unless the services are actually used by, or immediately available to, the owner or tenant of the parcel; and WHEREAS, California Constitution article XIII D, section 6 (“Article XIII D”) requires that prior to imposing any increase to the Charges, the City shall provide written notice (the “Notice”) by mail of: (1) the proposed increases to such Charges to the record owner of each parcel upon which the Charges are proposed for imposition and any tenant directly liable for payment of the Charges; (2) the amount of the Charges proposed to be imposed on each

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Resolution No. 2025-310
Resolution No. 2025-310
July 2, 2025

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parcel; (3) the basis upon which the Charges were calculated; (4) the reason for the Charges; and (5) the date, time, and location of a public hearing (the “Hearing”) on the proposed Charges; and
WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the Charges not less than 45 days prior to the Hearing on the proposed Charges; and WHEREAS, the Notice was mailed in accordance with Article XIII D; and WHEREAS, the Hearing was held on this day, July 2, 2025; and WHEREAS, at the Hearing the City Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases for the Charges from a majority of the affected property owners upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges; and WHEREAS, the City Council now desires to establish and impose the proposed Charges.

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

SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby approves the maximum Charges, effective July 2, 2025, for solid waste service at the maximum rates as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 3. The City Council hereby adopts annual automatic adjustments for the then- current maximum Charges effective July 1, 2026, and each July 1 thereafter, through and including July 1, 2030, without further public hearings. Pursuant to such authority, the City shall be authorized annually to increases the maximum Charges by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urbans Consumer Index (CPI- U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Statistics, provided the City shall not increase the Charges by more than five percent (5%) in any calendar year, and in no event shall any such annual automatic adjustment cause the maximum Charges to exceed the cost of providing the Services. Prior to implementing any increase in the maximum Charges as a result of the annual automatic adjustment, the City shall provide written notice of the rate increase at least thirty (30) days in advance of the effective date.

SECTION 4. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit intention of the City Council that the Charges adopted pursuant to this Resolution shall prevail.

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Resolution No. 2025-310
Resolution No. 2025-310
July 2, 2025

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SECTION 5. This Resolution is not subject to the requirements of California Environmental Quality Act (“CEQA”). The approval of this Resolution is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The Charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 215 North “D” Street, San Bernardino, CA 92401. The custodian for these records is the City Clerk of the City.

SECTION 6. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution 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 Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 7. This Resolution shall take effect immediately upon adoption SECTION 8. The City Clerk shall attest and certify to the passage and adoption thereof.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of July, 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2025-310
Resolution No. 2025-310
July 2, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, A c t i n g City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-310, adopted at a regular meeting held on the 2 nd day of July 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 3rd day of July 2025.

Telicia Lopez, CMC, Acting City Clerk

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Resolution No. 2025-310
Resolution No. 2025-310
July 2, 2025

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EXHIBIT A

MAXIMUM PERMITTED SERVICE RATES

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EXHIBIT A – Maximum Permitted Service Rates
Resolution No. 2025-310
July 2, 2025

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Current Proposed
Rates 2025
Residential/MF Barrel 26.42$ 27.75$
Residential 35 Gal Barrel23.43$ 24.60$
Residential 35 Gal Barrel Sr21.09$ 22.14$
Mobile Home - 3 Barrel Service17.73$ 18.62$
Mobile Home Complex - 2 Barrel17.73$ 18.62$
Size Freq
1 cu. yrd. 1 x Wk 128.28$ 133.69$
1 cu. yrd. 2 x Wk 235.06$ 245.32$
1 cu. yrd. 3 x Wk 348.56$ 363.85$
1 cu. yrd. 4 x Wk 459.37$ 479.62$
1 cu. yrd. 5 x Wk 567.48$ 592.61$
1 cu. yrd. 6 x Wk 757.61$ 789.77$
2 cu. yrd. 1 x Wk 128.87$ 136.35$
2 cu. yrd. 2 x Wk 236.22$ 250.64$
2 cu. yrd. 3 x Wk 350.32$ 371.83$
2 cu. yrd. 4 x Wk 461.70$ 490.23$
2 cu. yrd. 5 x Wk 570.42$ 605.92$
2 cu. yrd. 6 x Wk 761.10$ 805.70$
3 cu. yrd. 1 x Wk 137.52$ 147.30$
3 cu. yrd. 2 x Wk 260.45$ 279.61$
3 cu. yrd. 3 x Wk 387.00$ 415.65$
3 cu. yrd. 4 x Wk 508.39$ 546.38$
3 cu. yrd. 5 x Wk 632.44$ 679.86$
3 cu. yrd. 6 x Wk 967.58$ 1,029.93$
4 cu. yrd. 1 x Wk 151.54$ 163.74$
4 cu. yrd. 2 x Wk 286.96$ 310.92$
4 cu. yrd. 3 x Wk 422.35$ 458.09$
4 cu. yrd. 4 x Wk 556.44$ 603.93$
4 cu. yrd. 5 x Wk 690.50$ 749.71$
4 cu. yrd. 6 x Wk 1,194.23$ 1,274.85$
6 cu. yrd. 1 x Wk 219.94$ 238.04$
6 cu. yrd. 2 x Wk 419.68$ 455.35$
6 cu. yrd. 3 x Wk 620.77$ 674.05$
6 cu. yrd. 4 x Wk 827.26$ 898.29$
6 cu. yrd. 5 x Wk 1,016.26$ 1,104.58$
6 cu. yrd. 6 x Wk 1,207.95$ 1,313.63$
Residential Trash Bins

Packet Page. 34

EXHIBIT A – Maximum Permitted Service Rates
Resolution No. 2025-310
July 2, 2025

Page 7 of 12 ends

7 2
2 6
Current Proposed
Rates 2025
Size Freq
1 cu. yrd. 1 x Wk 145.42$ 151.28$
1 cu. yrd. 2 x Wk 266.44$ 277.52$
1 cu. yrd. 3 x Wk 395.11$ 411.62$
1 cu. yrd. 4 x Wk 520.70$ 542.55$
1 cu. yrd. 5 x Wk 643.27$ 670.38$
1 cu. yrd. 6 x Wk 858.77$ 893.57$
2 cu. yrd. 1 x Wk 146.08$ 154.01$
2 cu. yrd. 2 x Wk 267.76$ 283.00$
2 cu. yrd. 3 x Wk 397.10$ 419.83$
2 cu. yrd. 4 x Wk 523.35$ 553.49$
2 cu. yrd. 5 x Wk 646.58$ 684.08$
2 cu. yrd. 6 x Wk 862.73$ 909.99$
3 cu. yrd. 1 x Wk 155.88$ 166.14$
3 cu. yrd. 2 x Wk 295.24$ 315.31$
3 cu. yrd. 3 x Wk 438.67$ 468.67$
3 cu. yrd. 4 x Wk 576.27$ 616.04$
3 cu. yrd. 5 x Wk 716.89$ 766.51$
3 cu. yrd. 6 x Wk 1,096.78$ 1,162.51$
4 cu. yrd. 1 x Wk 171.77$ 184.50$
4 cu. yrd. 2 x Wk 325.27$ 350.23$
4 cu. yrd. 3 x Wk 478.75$ 515.97$
4 cu. yrd. 4 x Wk 630.74$ 680.17$
4 cu. yrd. 5 x Wk 782.71$ 844.33$
4 cu. yrd. 6 x Wk 1,353.70$ 1,438.49$
6 cu. yrd. 1 x Wk 249.30$ 268.17$
6 cu. yrd. 2 x Wk 475.72$ 512.86$
6 cu. yrd. 3 x Wk 703.65$ 759.10$
6 cu. yrd. 4 x Wk 937.71$ 1,011.63$
6 cu. yrd. 5 x Wk 1,151.95$ 1,243.82$
6 cu. yrd. 6 x Wk 1,369.23$ 1,479.13$
Comm/MF/Resi Recycling Bins
Size Freq
All Sizes 1 x Wk 53.59$ 54.99$
All Sizes 2 x Wk 107.17$ 109.97$
All Sizes 3 x Wk 160.76$ 164.96$
All Sizes 4 x Wk 215.00$ 220.62$
All Sizes 5 x Wk 268.58$ 275.60$
All Sizes 6 x Wk 322.17$ 330.59$
Commercial/MF Trash Bins

Packet Page. 35

EXHIBIT A – Maximum Permitted Service Rates
Resolution No. 2025-310
July 2, 2025

Page 8 of 12 ends

7 2
2 6
Current ProposedRates 2025

26.42$ 27.61$
Size Freq2 cu. yrd.1 x Wk 152.41$ 160.50$ 2 cu. yrd.2 x Wk 285.57$ 301.28$ 2 cu. yrd.3 x Wk 420.12$ 443.45$ 2 cu. yrd.4 x Wk 553.86$ 584.80$ 2 cu. yrd.5 x Wk 687.86$ 726.43$ 2 cu. yrd.6 x Wk 914.95$ 963.57$ 3 cu. yrd.1 x Wk 179.87$ 190.75$ 3 cu. yrd.2 x Wk 335.00$ 356.11$ 3 cu. yrd.3 x Wk 492.89$ 524.31$ 3 cu. yrd.4 x Wk 643.92$ 685.46$ 3 cu. yrd.5 x Wk 805.93$ 857.88$ 3 cu. yrd.6 x Wk 1,076.39$ 1,141.58$ 4 cu. yrd.1 x Wk 179.87$ 192.81$ 4 cu. yrd.2 x Wk 335.00$ 360.22$ 4 cu. yrd.3 x Wk 492.89$ 530.48$ 4 cu. yrd.4 x Wk 643.92$ 693.70$ 4 cu. yrd.5 x Wk 805.93$ 868.16$ 4 cu. yrd.6 x Wk 1,076.39$ 1,153.93$ Commercial/MF/Resi GW BinsSize Freq1 cu. yrd.1 x Wk 123.20$ 126.42$ 1 cu. yrd.2 x Wk 227.60$ 233.55$ 1 cu. yrd.3 x Wk 334.68$ 343.43$ 1 cu. yrd.4 x Wk 441.75$ 453.30$ 1 cu. yrd.5 x Wk 547.45$ 561.76$ 2 cu. yrd.1 x Wk 124.09$ 127.33$ 2 cu. yrd.2 x Wk 229.37$ 235.37$ 2 cu. yrd.3 x Wk 337.33$ 346.15$ 2 cu. yrd.4 x Wk 445.28$ 456.92$ 2 cu. yrd.5 x Wk 551.88$ 566.31$ 3 cu. yrd.1 x Wk 133.05$ 136.53$ 3 cu. yrd.2 x Wk 251.25$ 257.82$ 3 cu. yrd.3 x Wk 367.95$ 377.57$ 3 cu. yrd.4 x Wk 484.67$ 497.34$ 3 cu. yrd.5 x Wk 599.99$ 615.68$ 4 cu. yrd.1 x Wk 145.54$ 149.35$ 4 cu. yrd.2 x Wk 270.47$ 277.54$ 4 cu. yrd.3 x Wk 396.78$ 407.15$ 4 cu. yrd.4 x Wk 524.47$ 538.18$ 4 cu. yrd.5 x Wk 649.41$ 666.39$ 6 cu. yrd.1 x Wk 167.50$ 171.88$ 6 cu. yrd.2 x Wk 311.65$ 319.80$ 6 cu. yrd.3 x Wk 458.56$ 470.55$ 6 cu. yrd.4 x Wk 587.64$ 603.00$ 6 cu. yrd.5 x Wk 746.87$ 766.40$ 35Gal Barrel1 x Wk 49.64$ 50.94$ 35Gal Barrel2 x Wk 83.18$ 85.35$ 35Gal Barrel3 x Wk 111.54$ 114.46$ 35Gal Barrel4 x Wk 140.33$ 144.00$ 35Gal Barrel5 x Wk 179.15$ 183.83$ 65Gal Barrel1 x Wk 56.16$ 57.63$ 65Gal Barrel2 x Wk 96.13$ 98.64$ 65Gal Barrel3 x Wk 130.90$ 134.32$ 65Gal Barrel4 x Wk 166.11$ 170.45$ 65Gal Barrel5 x Wk 211.36$ 216.89$ Commercial Barrel (1xWk)
Commercial Compactors

Packet Page. 36

EXHIBIT A – Maximum Permitted Service Rates
Resolution No. 2025-310
July 2, 2025

Page 9 of 12 ends

7 2
2 6
Current Proposed
Rates 2025
Size Freq
2 cu. yrd. 1 x Wk 263.53$ 270.42$
2 cu. yrd. 2 x Wk 475.26$ 487.69$
2 cu. yrd. 3 x Wk 670.32$ 687.85$
2 cu. yrd. 4 x Wk 866.88$ 889.54$
2 cu. yrd. 5 x Wk 1,095.40$ 1,124.04$
2 cu. yrd. 6 x Wk 1,257.62$ 1,290.50$
35Gal Barrel1 x Wk 69.21$ 71.02$
35Gal Barrel2 x Wk 122.34$ 125.54$
35Gal Barrel3 x Wk 170.26$ 174.71$
35Gal Barrel4 x Wk 218.64$ 224.36$
35Gal Barrel5 x Wk 277.04$ 284.28$
35Gal Barrel6 x Wk 314.76$ 322.99$
65Gal Barrel1 x Wk 78.46$ 80.51$
65Gal Barrel2 x Wk 143.25$ 147.00$
65Gal Barrel3 x Wk 203.65$ 208.97$
65Gal Barrel4 x Wk 264.40$ 271.31$
65Gal Barrel5 x Wk 333.63$ 342.35$
65Gal Barrel6 x Wk 385.35$ 395.43$
Commercial Food Waste

Packet Page. 37

EXHIBIT A – Maximum Permitted Service Rates
Resolution No. 2025-310
July 2, 2025

Page 10 of 12 ends

7 2
2 6
Current Proposed
Rates 2025
Size Freq
35Gal Barrel1 x Wk 61.44$ 63.05$
35Gal Barrel2 x Wk 106.79$ 109.58$
35Gal Barrel3 x Wk 146.95$ 150.79$
35Gal Barrel4 x Wk 187.55$ 192.45$
35Gal Barrel5 x Wk 238.19$ 244.42$
35Gal Barrel6 x Wk 268.14$ 275.15$
65Gal Barrel1 x Wk 78.09$ 80.13$
65Gal Barrel2 x Wk 139.98$ 143.64$
65Gal Barrel3 x Wk 196.69$ 201.83$
65Gal Barrel4 x Wk 253.84$ 260.48$
65Gal Barrel5 x Wk 321.00$ 329.39$
65Gal Barrel6 x Wk 367.50$ 377.11$
95Gal Barrel1 x Wk 94.73$ 97.21$
95Gal Barrel2 x Wk 173.16$ 177.69$
95Gal Barrel3 x Wk 246.43$ 252.87$
95Gal Barrel4 x Wk 320.11$ 328.48$
95Gal Barrel5 x Wk 403.83$ 414.39$
95Gal Barrel6 x Wk 466.86$ 479.07$
- All Refuse Permanent - Plus Disposal 381.73$ 397.96$ - All Refuse Temporary 615.90$ 638.25$
incl Disp incl Disp
- All Recycling (Different Materials) - Plus Disposal 381.73$ 397.96$ - Waste to Energy 40Yrd - Plus Disposal 1,334.81$ 1,375.96$ Roll Off Retractable Lid Monthly Rental Fee 239.00$ 251.50$ Receiver 312.50$ 326.92$
Compactor Box 437.50$ 455.19$
Water Reclamation 128.91$ 132.28$
Miscellaneous RO Compactor Repair (per hour) 76.21$ 78.20$ Compactor Cleaning (each/single occurrence) 151.90$ 155.87$ Dry Run / Relocate Roll Offs (Perm & Temp) 85.44$ 87.67$ Roll Off Daily Rental Fee (Perm & Temp) 42.03$ 43.13$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 158.62$ per occurrence in excess of 15 min
End Dump Service (per Hour) 234.38$ 240.51$
Certificate of Destruction 127.03$ 130.35$
Mult Family Mixed Organics
Roll-Off - Service Only

Packet Page. 38

EXHIBIT A – Maximum Permitted Service Rates
Resolution No. 2025-310
July 2, 2025

Page 11 of 12 ends

7 2
2 6

Packet Page. 39

EXHIBIT A – Maximum Permitted Service Rates
Resolution No. 2025-310
July 2, 2025

Page 12 of 12 ends

7 2
2 6
Current Proposed
Rates 2025
Residential/Commercial
- Barrel Exchange (first Exchange free) charge does not apply to17.24$ 17.69$ graffiti or damaged barrels
Commercial
- Barrel Replacement comml-lost or stolen 85.16$ 87.39$ Bin Services
- Bin Exchange (first Exchange free) charge does not apply to86.22$ 88.47$ graffiti or damaged barrels
- Bin Replacement + actual cost of bin comml-lost or stolen93.98$ 96.44$ Bin Enclosure Cleaning (each/single occurrence) 42.33$ 43.44$ Bin Steam Cleaning (each/single occurrence) 42.33$ 43.44$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF)N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial) 14.77$ 15.16$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/C
Extra Recycling Barrel (Com) 26.98$ 27.69$
Extra Green Waste Barrel (Resi/MF only) 12.93$ 13.27$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 78.63$ Temporary Bin (3 Yrd) - 7 Day use 78.60$ 80.66$
Temp Bin Dump and Return 78.60$ 80.66$
Clean-Up Service (per 15 min) 41.27$ 42.35$
Recycling Contamination Barrel 10.96$ 11.25$
Recycling Contamination (each bin) 67.20$ 68.96$
Extra Pick-Ups Bins - On Service Day
1 & 2 Yard (Trash/Recyc) 28.80$ 29.55$
3 Yard (Trash/Recyc) 31.32$ 32.14$
4 Yard (Trash/Recyc) 34.31$ 35.21$
6 Yard (Trash/Recyc) 40.65$ 41.71$
Extra Pick-Ups All Bins - On Non-Service Day (Trash)51.25$ 52.59$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc)39.87$ 40.91$ Extra Pick-Ups Compactors (Trash)
2 Yard 31.32$ 32.14$
3 & 4 Yard 34.31$ 35.21$
Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 10.84$ Extra Pick-Ups FW Bins 99.73$ 102.34$
Extra Pick-Ups Barrel - FW 29.69$ 30.47$
Tilhopper (3 yd) 34.18$ 35.07$
Lock 20.16$ 20.69$
Late set-out fee 32.74$ 33.60$
Late Fee 1.5% 1.5%
Shopping cart retrieval 25.00$ 25.65$
Additional Services

Packet Page. 40

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 2, 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
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. May 3, 2023 Regular Meeting Draft Minutes

2. August 2, 2023 Regular Meeting Draft Minutes

3. October 4, 2023 Regular Meeting Draft Minutes

4. November 15, 2023 Regular Meeting Draft Minutes
Click or tap here to enter text.

Click or tap here to enter text.

Packet Page. 41

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, MAY 3, 2023
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:31 PM by Mayor Helen Tran on Wednesday, May 3, 2023, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Late 5:32 p.m.

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 Late 5:40 p.m.

Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles McNeely Interim City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

Packet Page. 42

Regular Meeting Draft Minutes May 3, 2023
Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.

CLOSED SESSION PUBLIC COMMENT
There were no public comments or requests to speak.

City Attorney Sonia Carvalho made an announcement prior to convening into Closed Session. After the posting of the agenda the city was made aware of potential litigation to be taken on behalf of the developer involved in Item No. 23 of the open session agenda. To address this urgent matter, staff requested to add items C and D to the Closed Session Agenda. In accordance with Section 54954.2 (b)(2) of the Brown Act there must be a two-third vote (5/7) to add the item to the agenda, and there must be an immediate need to take action. Both requirements being, and the City Council took a vote to add the two items.

RESULT: APPROVED TO ADD ITEMS C AND D [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Kimberly Calvin, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso

CLOSED SESSION

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Diana Herrera, et al., v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2000255
B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager (Recruitment Process)
C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION – Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item

D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: Carousel Mall Property, 43 acres
Agency Negotiator: Charles McNeely, Interim City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group)
Under Negotiation:Price and Terms

Packet Page. 43

Regular Meeting Draft Minutes May 3, 2023
Mayor and City Council of the City of San Bernardino Page 3 7:00 P.M.

The meeting was called to order at 7:07 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE
Monk Thích Hue Phuc of Huyen Quang of the Vietnamese Youth Association led the Invocation and Lizzet Sotelo from Arrowview Middle school led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated that prior to closed session, the Mayor and City Council voted to add two items (Items C and D) to the closed session agenda. The items were added in accordance with the Brown Act. There was no reportable action from closed session.

Mayor Tran re-ordered the agenda and public comments were heard after Presentations.

PRESENTATIONS

1. Proclamation for Asian American Pacific Islander Heritage Month in the City of San Bernardino – May 2023 (All Wards)
Mayor Tran presented the proclamation to Ramsey Sam, President of the Asian American Resources Center

2. Proclamation for the 54th Annual Professional Municipal Clerks Week in the City of San Bernardino – April 30th - May 6th, 2023 Mayor Tran presented the proclamation to Genoveva Rocha, City Clerk; Telicia Lopez, Chief Deputy City Clerk; Courtney Bowen, Deputy City Clerk; and Perla Lopez, Deputy City Clerk.

3. Proclamation Recognizing Water Safety Month in the City of San Bernardino – May 2023 (All Wards)
Before the Mayor presented the proclamation, a public service announcement video was presented regarding water safety. Mayor Tran presented the proclamation to Lydie Gutfeld, Director of Parks, Recreation & Community Services, and Zachary Tamayo, Community Services Program Coordinator.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA E. Negrete, San Bernardino, asked the council to do their best with public funds and expressed concern about the issues in the city’s parks. She also spoke on the Mayor’s assistant’s work hours.

David McCammack, business owner in San Bernardino, spoke on past Council Members being instrumental in the funding of several activities in the city. The past Council worked with the community. The current council shows adverse greed. He also mentioned having issues with code enforcement.

Packet Page. 44

Regular Meeting Draft Minutes May 3, 2023
Mayor and City Council of the City of San Bernardino Page 4 Janette McKaig, 7 th ward resident, spoke in opposition to terminating the contract with developers of the downtown project, and asked the council to do the best for the city and residents.

Doug Cameron, 7th ward resident, spoke on the issues of the homeless encampment in Perris Hill Park. He also spoke about the agreement with the American Civil Liberties Union (ACLU) of Southern California.

Dolores Armstead, San Bernardino, spoke on Item 23 regarding the Carousel Mall, and asked the Council to get back on board. She also stated that something needs to be done with illegal vendors and suggested a specific site for legal street vendors.

Veronica Muñoz, Wildwood Park Neighborhood Association, submitted a letter for the record regarding homeless encampments.

Juan Carrera, Angel Heart Bio Trauma, spoke about homeless encampments. His business is currently contracted with the Police Department and Public Works Department, but he expressed concern to the Council that he feels his business needs to be utilized to help clean the city.

Christian Tobar, San Bernardino resident, spoke on the behavior of the vagrants in the city, specifically on 40th Street. He asked the Council to take action and help the city and its residents.

Charles Minor, CD Construction, commented about the homeless issue. He offered his help to the Council to help house people experiencing homelessness.

Alfred Palazzo, Former Deputy Assessor, advised how he would rebuild San Bernardino. He expressed his vision of what he would build and incorporate in the city, and that he would make sure to include the residents. He asked the Council to consider his vision.

Christian Flores, community organizer with Inland Congregations United for Change and Something Better for San Bernardino Coalition, spoke in support of a Community Benefits Agreement (CBA), affordable housing, and well-paying jobs for the residents.

Dr. Treasure Ortiz, 7 th Ward resident, commented about the American Civil Liberties Union (ACLU) agreement and the lack of transparency and accountability from the Council. She expressed her concerns about safety and homelessness in the city. She also spoke against item 23 and asked the Council to start thinking about the residents.

Carlos Penilla, business owner, spoke about the homeless issue and the trash throughout the city streets. Asked the Council to do better and work with business owners to help clean the streets. Malibu, another resident, helped him express his concern regarding the trash around his restaurant and that the red curb needs to be removed to help his business.

Harry Hatch, 7 th Ward, spoke against the American Civil Liberties Union (ACLU) Agreement and how it only represents one person versus all the residents. Asked the Council to deny the agreement.

Packet Page. 45

Regular Meeting Draft Minutes May 3, 2023
Mayor and City Council of the City of San Bernardino Page 5 Nelson Cabrera, business owner, commented about the streets being littered and the homeless situation. He asked the Council to help San Bernardino be a better city and help businesses stay in the city. He also thanked the Council for the recognition.

Vince Laster, Vice President of the Neighborhood Association Council, expressed concern with the homeless situation. He stated that over the years, the neighborhood association has helped clean up and done community outreach.

Malibu, informed about the resource center for the community, pointed out the T.V. blocking the view to the dais, and addressed Council Member Reynoso regarding the way he dresses at the meetings.

Teresa Carlisle, San Bernardino, spoke about the homeless crisis. She asked the Council to be part of the solution, not the problem, and help the homeless community by working together. Lastly, she mentioned how dirty the parks are and how they need to be cleaned up.

Misti Stephens, San Bernardino, expressed concern for the homeless issue in the parks during baseball practice. She expressed how the majority of the homeless have mental health issues and use illegal drugs. She submitted an article regarding homelessness for the record.

Vivian Corey, San Bernardino, spoke on the homeless incident that occurred at Wildwood Park on April 18 th during baseball practice. She asked Council to help with the situation and have police officers at the park.

James Smith, San Bernardino, commented in support of positive things that are happening in the city. He congratulated Ms. Gutfeld on receiving an award from the State of California for the top parks department. He asked the community to work on the city‘s image and support the Mayor and Council for their hard work. He mentioned other cities are also experiencing homelessness issues.

Jack Wolf spoke about Measure S and the City of San Bernardino being the most dangerous city per capita. He asked the Council to increase the number of police officers in the city by using Measure S funds.

Kimberly Miller, 5 th Ward resident, expressed concern about the homeless issue in the city and the importance of having social workers help the police officers with mental health.

Steven Bielak, San Bernardino, spoke on the air quality related to the Carousel Mall demolition. He asked if there was any environmental report done before the grinding and if the citizens are allowed to see the reports.

Junior Carrillo, San Bernardino, addressed the public regarding the homeless and crime in the city. He asked the community to be involved in helping make a difference. He expressed that the Mayor and City Council want the best for the city.

Luis Ojeda, President/Founder of We Are the Change, spoke about the community being reactive, not proactive. He encouraged the community to express their concerns

Packet Page. 46

Regular Meeting Draft Minutes May 3, 2023
Mayor and City Council of the City of San Bernardino Page 6 to the county, state, and federal officials. He invited the community to the Cinco de Mayo event. He thanked staff, Assistant City Manager, Interim City Manager and all the people who helped him.

Victor Beecham, Assistant Director of Operation New Hope, addressed the community on the epidemic of homelessness. He reports Operation New Hope is helping people with mental health, youth reinvestment, and families that need resources. He thanked the Mayor and City Council for all the good work that they are doing.

Rocio Aguayo, 1 st Ward, Just San Bernardino, Member of Something Better for San Bernardino Coalition and Airport Coalition, thanked Nathan Freeman, Director of Community & Economic Development and City Planner, for all their time. She suggested a community panel to find staff who would stay and put in the work for the city. Spoke about the Carousel Mall needing a Community Benefits Agreement (CBA).

And lastly, she expressed embarrassment from Council Member Shorett for not supporting Mayor Tran during the Inland Valley Development Agency (IVDA) meeting.

Max Zahir, Owner of Celebrities Sports Grill, spoke about homelessness. He expressed concern on how the homelessness is rising in the city, and offered his help.

Miriam Nieto, Co-Director with Just San Bernardino, commented about the progress of the city and expressed concerns regarding staff. She asked for the community and government to work together to bring the city forward.

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

Paula Plunk, spoke on the homeless and the American Civil Liberties Union (ACLU) Agreement. She expressed that the City Council and staff knew and lied about the date the agreement went into effect. She also opposed item 23 and stated that the Interim City Manager isn’t making the correct decisions for the city.

Public Commenter (name unintelligible) informed the voters of San Bernardino that Council and staff are lying and hiding information from the public. They also spoke against the demolition of the Carousel Mall. They mentioned the homeless State of Emergency being worthless because of the agreement signed with American Civil Liberties (ACLU).

Marie Robison, 2nd Ward resident, agreed with a previous speaker about the good in the city. She also wanted to know which community meetings Council Member Ibarra attends to hear her residents. She expressed concern about the apartment complex where she currently lives.

Georgia asked the Mayor and City Council to take in consideration the pets of the homeless when discussing the homeless plan. She also asked to adopt a city policy to help save the animals.

At this time, additional in-person speakers were heard:

Nathaniel Moore, commented about the homeless problem at Perris Hill Park and stated it needs to be fixed.

Packet Page. 47

Regular Meeting Draft Minutes May 3, 2023
Mayor and City Council of the City of San Bernardino Page 7 Marva Castro, informed about the homeless problem in the city. She suggested using empty buildings in the city to house the homeless, but also mentioned not all homeless can be housed together. She offered the Mayor and City Council her help.

Written public comments were also provided to the Mayor and City Council.

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

Highlights included the County and City Homeless Point in Time Count, federal funds for housing, the 20 th anniversary of the Sister City relationship, the reopening of the Makerspace at Feldheym Library and the city winning the SCAG Sustainability Award for Clean Fleet Policy. Interim City Manager Charles McNeely provided responses for comments made regarding the hiring of police officers, the use of Measure S funds, street vending enforcement, and homelessness.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community on the events they attended, upcoming events, homeless issues in the city, shelter for the homeless, and responses to comments.

APPOINTMENTS
A motion was made by Council Member Ibarra and seconded by Council Member Reynoso to approve the appointments in one vote and pull any that need a separate discussion. Item No. 4 through Item No. 10 were approved with a unanimous vote.

4. Charter Review Committee Appointment (Ward 6)
RESULT: APPROVED APPOINTMENT [7-0]
MOVER:Sandra Ibarra, Council Member, Ward 2
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

Packet Page. 48

Regular Meeting Draft Minutes May 3, 2023
Mayor and City Council of the City of San Bernardino Page 8

5. Public Safety and Human Relations Commission Appointment (Ward 6) RESULT: APPROVED APPOINTMENT [7-0]
MOVER:Sandra Ibarra, Council Member, Ward 2
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

6. Downtown Advisory Committee Reappointment (Ward 2)
RESULT: APPROVED APPOINTMENT [7-0]
MOVER:Sandra Ibarra, Council Member, Ward 2
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

7. General Plan Advisory Committee Reappointment (Ward 2) RESULT: APPROVED REAPPOINTMENT [7-0]
MOVER:Sandra Ibarra, Council Member, Ward 2
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

8. Planning Commission Reappointment (Ward 2)
RESULT: APPROVED REAPPOINTMENT [7-0]
MOVER:Sandra Ibarra, Council Member, Ward 2
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

9. Animal Control Commission Reappointment of Angela Halfman (Mayor’s Appointment)
RESULT: APPROVED REAPPOINTMENT [7-0]
MOVER:Sandra Ibarra, Council Member, Ward 2
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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Regular Meeting Draft Minutes May 3, 2023
Mayor and City Council of the City of San Bernardino Page 9

10. Animal Control Commission Appointment of Jason Kakpo-Moore (Mayor’s Appointment)
RESULT: APPROVED APPOINTMENT [7-0]
MOVER:Sandra Ibarra, Council Member, Ward 2
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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.

Council Member Figueroa and Council Member Calvin left the dais.

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 22 FOR DISCUSSION [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander
ABSENT:Juan Figueroa and Kimberly Calvin

11. Adoption of Ordinance No. MC-1616 (Annexation 29) (Ward 3) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1616 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

RESULT: ADOPTED ORDINANCE NO. MC-1616 [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander
ABSENT:Juan Figueroa and Kimberly Calvin

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Mayor and City Council of the City of San Bernardino Page 10

12. Approval of Amendment No. 3 to the Interim Golf Course Management Agreement for the Operations and Maintenance of the Shandin Hills Golf Course (Ward 5)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Resolution No. 2023-058, approving Amendment No. 3 to the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills Arcis LLC; and direct the City Manager to execute Amendment No. 3.

RESULT: ADOPTED RESOLUTION NO. 2023-058 [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander
ABSENT:Juan Figueroa and Kimberly Calvin

13. Authorization to Proceed with a Right of Way Vacation of a Portion Along 9th Street and Tippecanoe Avenue (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed right of way vacation of a portion of 9th Street and a portion of Tippecanoe Avenue.

RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander
ABSENT:Juan Figueroa and Kimberly Calvin

14. Authorization to Proceed with the Street Vacation of a Portion of Broadway Avenue (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of Broadway Street.

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15. FY2023-2024 Emergency Solutions Grant (ESG) and Community Development Block Grant (CDBG) Agreements
Recommendation:

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

1. Approve FY 2022-2023 Emergency Solutions Grant (ESG) Program Subrecipient Agreement with Salvation Army, Lutheran Social Services of Southern California, and Community Action Partnership of San Bernardino County (CAPSBC), and

2. Approve FY 2022-2023 Community Development Block Grant Program Subrecipient Agreement with Inland Fair Housing and Mediation Board (IFHMB).

16. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for April 2023.

RESULT: APPROVED STAFF’S RECOMMENDATION
[5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander
ABSENT:Juan Figueroa and Kimberly Calvin

17. Investment Portfolio Report for February and March 2023 (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 and March 2023.

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18. Second Amendment to the Concentra Medical Centers Professional Services Agreement for Pre-employment (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute:

1. Authorize the Second Amendment to the Professional Services Agreement with Occupational Health Centers of California doing business as (DBA) Concentra Medical Centers for pre-employment and screening services, effective February 1, 2023 – April 30, 2023.

19. Resolution Accepting the Federal Railroad Administration Railroad Trespassing Enforcement Grant.

Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-059, authorizing:

1. The City Manager to accept the FY 2022/23 Federal Railroad Administration Railroad Trespassing Enforcement Grant.

2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $120,000 in both revenue and expenditures.

RESULT: ADOPTED RESOLUTION NO. 2023-059 [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander
ABSENT:Juan Figueroa and Kimberly Calvin

20. Receive Annual Military Equipment Report and Approve Future Purchases Recommendation:

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

1. Receive and file the Department’s annual military equipment use report;

2. Approve the Department’s request to acquire additional life-saving equipment in accordance with Assembly Bill 481.

RESULT: APPROVED STAFF’S RECOMMENATION [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander
ABSENT:Juan Figueroa and Kimberly Calvin

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21. Approving Amendment No. 1 to Cooperative Agreement No. 20-1002318 with the San Bernardino County Transportation Authority (SBCTA) for Phase II of the San Bernardino Metrolink Station Accessibility Improvement Project (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No.1 to Cooperative Agreement No. 20- 1002318 with the San Bernardino County Transportation Authority (SBCTA) for phase II of the San Bernardino Metrolink Station Accessibility Improvement Project.

22. Task Order Issued to Willdan Engineering for Augmented Engineering Services Pursuant to Professional Service Agreement for On-Call Engineering Services and Approval of Amendment No. 1 to Professional Services Agreement (All Wards)
Recommendation:

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

1. Approve a Task Order Willdan Engineering001 to Willdan Engineering to provide augmented Land Development and National Pollutant Discharge Elimination System (NPDES) Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for On-Call Engineering Services; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $337,940; and

3. Approve Amendment No. 1 to Professional Services Agreement for On-Call Engineering Services.

Council Member Reynoso and Council Member Alexander pulled this item for discussion.

Council Member Reynoso asked what the need was to outsource this project, and what the budget would look like for this item in the future.

Council Member Figueroa returned to the dais at 10:10 p.m.

Susan Pan Acting City Engineer explained that the Land Division has several development projects and outsourcing service will help the demand of the work and projects.

Interim City Manager Charles McNeely explained the back-log of projects the city currently has and that the projects required senior level engineering.

Council Member Alexander mentioned there are complaints resulting from using these engineering services.

Susan Pan explained that they keep track of the contractors’ performance to make sure

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Council Member Calvin returned to the dais at 10:20 p.m.

Council Member Ibarra questioned the schedule and amount of money being paid for these services.

Director Hernandez explained the hours worked and that the funds requested are for two fiscal years.

There was a substituted motion by Council Member Alexander to not move forward with the item, with a second by Council Member Ibarra.

Mayor Pro Tem Shorett made a substitute motion to approve staff’s recommendation.

RESULT: APPROVED SUBSTITUTE MOTION TO APPROVED STAFF’S
RECOMMENDATION [5-2]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin
NOES:Sandra Ibarra, Damon Alexander

DISCUSSION

23. Authorize the Interim City Manager to Terminate the Exclusive Negotiating Agreement with the San Bernardino Development Company (SBDC) and pay liquidated damages associated with said termination (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council authorize the Interim City Manager to terminate the Exclusive Negotiating Agreement (ENA) with the San Bernardino Development Company (SBDC) for the Carousel Mall redevelopment project and authorize payment of liquidated damages to SBDC, in the amount of $100,000, associated with said termination.

Economic Development Project Manager Amanda Hernandez, gave the presentation.

Interim City Manager Charles McNeely explained to the residents that the city is committed to complete this project and move forward.

Council Member Reynoso explained the Surplus Land Act to the public.

RESULT: APPROVED STAFF’S RECOMMENDATION [5-2]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso
NOES:Kimberly Calvin, Damon Alexander

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PUBLIC HEARING

24. Appeal 23-01 of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-060 denying Appeal 23-01 thereby upholding the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21(Off-Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres located at 1820 W. 5th Street (APN: 0138-081-19) within the Commercial General (CG-1) zone (Attachment 1)
Item pulled by the City Manager for consideration at a future meeting.

25. Appeal 23-02 for Conditional Use Permit 22-13 and Minor Exception 22-04 Recommendation:

Adopt Resolution No. 2023-061 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 23-02 thereby upholding Planning Commission’s denial of Conditional Use Permit 22-13 and Minor Exception 22-04 to allow the development, establishment, and operation of a self-storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirty-three (33) feet located at 1534 W.

Highland Avenue (APN: 0148-174-04, 10, 11, 15 through 18), within the Commercial General (CG-1) zone.

Item pulled by the City Manager for consideration at a future meeting.

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26. Proposed Fiscal Year 2023-24 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs (All Wards)
Recommendation:

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

1. Conduct a Public Hearing to obtain citizen’s comments on the proposed Fiscal Year 2023-24 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs; and

2. Consider any necessary changes to the proposed Fiscal Year 2023-24 Annual Action Plan and direct staff to return on June 21, 2023, with the final Annual Action Plan for consideration prior to submittal to United States Department of Housing and Urban Development.

Mayor Tran opened the public hearing at 10:41 p.m.

Deputy Director of Housing Cassandra Searcy provided a presentation.

There was one public speaker for this item.

Les, spoke on apartment complex near the library that can become a homeless shelter and the building next to it can become a resource center.

Two additional speakers, Marva Castro and Nathaniel Moore, requested to speak but were no longer in attendance when the public hearing was opened.

Mayor Tran closed the public hearing at 10:46 p.m.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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27. Community Facilities District No. 2018-2 (Verdemont Ranch) 2023 Special Tax Bonds
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-062,

1. Authorizing the issuance of, not to exceed $3,500,000 aggregate principal account of Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds;

2. Approving a form of Preliminary Official Statement, a form of the Fiscal Agent Agreement, a form of Bond Purchase Agreement, a form of Security Agreement, a form of Funding Agreement and a form of Continuing Disclosure Agreement, which is attached to the Preliminary Official Statement as Appendix E;

3. Making certain determinations relating thereto; and

4. Authorizing certain other actions in connect therewith.

Mayor Tran opened the public hearing at 11:01 p.m.

Agency Director of Administrative Services Barbara Whitehorn did not have a presentation but was available for questions along with Best Best & Krieger and Columbia Capital staff.

There was one public speaker, Felix Robles. He spoke in support of this item, and stated Community Facilities Districts (CFDs) are helping the city move in the right direction. This will help bring builders and grow the city.

The public hearing was closed at 11:06 p.m.

RESULT: ADOPTED RESOLUTION NO. 2023-062 [6-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSTAIN:Damon Alexander

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

28. Extending Notification Period of Public Hearings (All Wards) – Council Member Reynoso
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7-0] MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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29. Consider Removal of Oxbow Cement Pile (Ward 5) – Council Member Reynoso RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7-0] MOVER:Damon Alexander, Council Member, Ward 7
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, May 3, 2023, at 11:12 p.m., in memory of Retired Police Sergeant Gerald Jones.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, May 17, 2023, in the Council Chamber located at 555 West 6 th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m.

By: Telicia Lopez
Telicia Lopez, CMC, Acting City Clerk

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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

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

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

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

COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY
WEDNESDAY, AUGUST 2, 2023
5:30 PM
The Closed Session of the Mayor and City Council of the City of San Bernardino was called to order at 5:32 PM by Mayor Helen Tran on Wednesday, August 2, 2023, 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 Via Zoom
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles E. McNeely Interim 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

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Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.

CLOSED SESSION PUBLIC COMMENT
There were no public comments or request to speak.

CLOSED SESSION
A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager (Recruitment Process)
The Mayor and City Council convened into Closed Session at 5:32 p.m 7:00 PM
The Regular Meeting was called to order at 7:12 PM by Mayor Helen Tran on Wednesday, August 2, 2023, at Feldheym Central Library, San Bernardino, CA.

INVOCATION AND PLEDGE OF ALLEGIANCE
Chaplin Paul Lujan of Victor Outreach led the Invocation and Taylor Lopez, daughter of Chief Deputy City Clerk Telicia Lopez led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated that the Mayor and City Council are continuing to work on the City Manager selection process and have interviews scheduled for August 3, 2023.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mike Hartley is concerned that there are Accessory Dwelling Units on his street operated by PAMA. He also spoke about not having enough Code Enforcement Officers in the city.

Dolores Armstead had questions regarding the agenda packet Item No. 7 artist selection for the grant and Item No. 12 how the grant fund is being distributed.

Robert Porter thanked the Police Department for National Night Out and the city staff.

He asked local businesses to clean up the outside of their property and asked to help those who are still living in the apartments on Fourth Street.

Daniel Jivandee spoke on the Inland Valley Development Agency, implementing warehouse moratorium, the development of the airport gateway, and bringing high paying jobs.

Alejandro Gutierrez, Executive Director of Arts Connection, spoke in support of Item No.

7. The funding of the grant can transform the region and help artists.

Frank Audi spoke on the positive change in the Police Department's response to calls and hopes to see more changes in the city. He hopes the Carousel Mall will bring business to the city.

Moses Ramirez, Operation New Hope, thanked the Mayor and City Council for their support and asked to collaborate more to help the community.

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Mayor and City Council of the City of San Bernardino Page 3 Georgia Lykouretzos spoke on the number of animals in the streets. Asked where the Animal Services funds are going to because the animals continue to suffer.

Victor Beecham, Operation New Hope, addressed the good things happening. Thanked the Mayor and City Council for continued support and announced the events occurring in the summer.

Christian Flores spoke in support of Item No. 19 and repealing/removing the crime free ordinance from the housing element and gave several examples of how the ordinance conflicts with mobile home parks.

Miriam Nieto, 7th Ward resident, spoke in support of Item No. 19 and the removal of 3.2 of the Draft Housing Element of San Bernardino.

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

Claudia Bautista, Pomona Economic Opportunity Center, spoke in support of Item No. 12, the resource center will be very helpful to the community.

Lyzeth Mendoza, Inland Coalition for Immigrant Justice, spoke in support of Item No. 12, one of the first steps in supporting entrepreneurs.

RDale Evans had no comments.

At this time, City Clerk Genoveva Rocha read the following written comments into the record, per ADA accommodation requests:

Hardy Brown supports Item No. 12 but wants to know how much other communities give to the program.

CITY MANAGER UPDATE
Public Information Officer Jeff Kraus provided city-wide updates. Highlights included the National Night Out celebration, a small business conference, State Street expansion almost complete, city clean ups partnering with Caltrans, an Animal Shelter pet adoption special, Little League Baseball Regionals in the City, and reported on the two contracts signed by the Director of Public Works and the Director of Parks and Recreation.

Mayor Tran re-ordered the agenda at 8:01 p.m., proceeding with the Public Hearings – Item No. 14, Item No. 15, Item No.16 and Item No. 17 on the agenda.

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PUBLIC HEARING

14. Public Hearing on Annexation No. 35 to Community Facilities District 2019-1 (Ward 2) Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2023-123 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 35) ; and

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

4. Adopt Resolution No. 2023-124 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 35) ; and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1617 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1617 for August 16, 2023.

Mayor Tran opened the public hearing at 8:02 p.m.

There were no public speakers or requests to speak.

City Clerk Rocha reported there were no written protests received.

The public hearing was closed at 8:03 p.m.

RESULT: ADOPTED RESOLUTION NO. 2023-123 [7-0]
MOVER:Juan Figueroa, Council Member, Ward 3
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NO. 2023-124 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1617 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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15. Public Hearing on Annexation No. 36 to Community Facilities District 2019-1 (Ward 6)
Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2023-125 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 36) ; and Hold a special landowner election and canvass the election; and

3. Adopt Resolution No. 2023-126 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 36) ; and

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

MC-1618 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
Schedule the adoption of Ordinance No. MC-1618 for August 16, 2023 Mayor Tran opened the public hearing at 8:06 p.m.

Interim Agency Director of Community Economic Development and Housing, Mary Lanier provided a presentation.

There was one public speaker.

Cheryl Brown, 6th Ward Resident, had several questions about taxes, how this fits into the city’s general plan, and what funds are being used.

City Clerk Rocha reported there were no written protests received.

The public hearing was closed at 8:13 p.m.

There was discussion regarding how much the special taxes are going to generate and what the plan will be to spend the money. Interim Agency Director of Community and Economic Development Mary Lanier referred to the presentation to answer the questions. The funds generated go back to maintaining the property.

RESULT: ADOPT RESOLUTION NO. 2023-125 [5-2]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES:Ben Reynoso and Kimberly Calvin

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Regular Meeting Draft Minutes August 2, 2023
Mayor and City Council of the City of San Bernardino Page 6 RESULT: ADOPTED RESOLUTION NO. 2023-126 [5-2]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES:Ben Reynoso and Kimberly Calvin
RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1618 [6-1]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES:Ben Reynoso

16. 2021-2029 Draft Housing Element
Recommendation:

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

1. Receive public comments on the 2021-2029 Draft Housing Element; and

2. Provide comments and direction on the 2021-2029 Draft Housing Element; and

3. Authorize, by motion, staff to make necessary changes to the 2021-2029 Draft Housing Element based on comments and direction; and

4. Authorize, by motion, the Community, Housing, and Economic Development Department to submit the revised document to the State Department of Housing and Community Development (HCD) for review.

Mayor Tran opened the public hearing at 8:21 p.m.

Interim Agency Director of Community Economic Development and Housing, Mary Lanier provided a presentation.

There were twenty-five public speakers.

The following speakers support removing the 3.2 program from the housing element.

Jennifer Tilton Roshon Dodson Michael Griggs Sonya Gray-Hunn Vanessa Perez Dolores Armstead Fidel Chagolla Zafiro Tellez Miriam Nieto Leticia Sutton Nohemi Karen Suarez
Maravilla Guiles Cheryl Brown
Desiree Sanchez, American Civil Liberties Union, asked several questions about the housing element.

Christian Perez would like to see the housing element move forward and help those who are facing housing discrimination.

Jim Mulvihill supported the Housing Element and sent the draft to Sacramento. Also, spoke on the eviction, there should be an appeal process and legal aid be available.

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Regular Meeting Draft Minutes August 2, 2023
Mayor and City Council of the City of San Bernardino Page 7 At this time, the following remote speakers were heard via Zoom:

Jessica Alcusera and James Albert spoke in support of removing the 3.2 program from the housing element.

RDale Evans stated he had no further comments.

The public hearing was closed at 9:26 p.m.

There was a discussion on the Draft Housing Element.

Council Member Reynoso made a motion to separate the crime free multi-housing ordinance from the housing element draft and it was seconded my Council Member Alexander.

Council Member Calvin spoke about the April 5 th meeting, there was a motion by Council Member Reynoso and her to agendize the re-appeal of crime free multi- housing. Also, Council Member Alexander expressed concerns about the follow up after the code enforcement violation and the annual inspections for all apartments of four or more units. Interim Agency Director of Community Economic Development and Housing Mary Lanier mentioned that elimination of the program includes the annual inspections but can discuss with legal counsel to find out what components can be removed or remain.

Council Member Sanchez made a substituted motion to keep the crime free component and approve the draft as is. The motion was second by Council Member Shorett. Motion failed 3 to 4.

A vote was then taken on the original motion made by Council Member Reynoso.

RESULT: APPROVED THE STAFF RECOMMENDATION AND SEPARATED SECTION 3.2 OF THE HOUSING ELEMENT REGARDING NON-
GOVERNMENTAL CONSTRAINTS [6-1]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander NOES:Fred Shorett

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17. Imposing Liens on Certain Parcels of Real Property for Unpaid Business Registration Taxes and Penalties (All Wards)
Recommendation:

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

1. Conduct a public hearing to receive public comment on the matter; and

2. Adopt Resolution No. 2023-127 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and

3. Direct the Agency Director of Administrative Services to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing.

Mayor Tran opened the public hearing at 9:50 p.m.

Business Registration Manager, Minerva Berumen provided a presentation.

There were no public speakers.

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

RESULT: ADOPTED RESOLUTION NO. 2023-127 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Sandra Ibarra
At this time the Mayor and City Council resumed the order of the agenda.

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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. 7 FOR A SEPARATE VOTE [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

1. Amendment No. 4 to Professional Services Agreement with Advanced Pet Care (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Interim City Manager to execute Amendment No. 4 to the Professional Services Agreement (PSA) with Advanced Pet Care, and increase the annual contract amount to $350,000.

2. Grant of Easement, 15.02-1671, to Southern California Edison Company across City property located at 607 E Highland Avenue (Ward 2) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-117, approving a Grant of Easement, number

15.02-1671, to the Southern California Edison Company (SCE) across City property located at 607 E Highland Avenue (APN: 0147-031-14-0000).

RESULT: ADOPTED RESOLUTION NO. 2023-117 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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3. Approve Amendment No. 1 to Grant Agreement with California Volunteers and Approve Professional Service Agreements with The Love Program and Operation New Hope for the Californians For All Youth Workforce Development Program (All Wards)
Recommendation:

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

1. Authorize the Interim City Manager, or designee, to execute Amendment No. 1 to the agreement between the City of San Bernardino and California Volunteers for the 2021 Californians For All Youth Workforce Development Program, and any subsequent amendments necessary to implement the grant and incorporate the sub-recipient awards.

2. Approve a Professional Service Agreement (PSA) with Operation New Hope in the amount of $178,056 to create entry-level career pathways in the non-profit sector for the period of August 3, 2023, through May 1, 2024.

3. Approve a Professional Service Agreement (PSA) with The Love Program in the amount of $329,088 to create entry-level career pathways in the non-profit sector for youth for the period of August 3, 2023, through May 1, 2024.

4. Authorize the Police Department to increase approved staffing by three Records Technicians, the Human Resources Department to increase approved staffing by one Human Resources Analyst Trainee, and the Office of the City Manager to increase approved staffing by two Grants Assistants.

4. Investment Portfolio Report for April and May 2023 (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 April and May 2023.

5. Resolution to Approve the City Investment Policy for FY 2023/24 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-118, approving the Investment Policy for FY 2023/24.

RESULT: ADOPTED RESOLUTION NO. 2023-118 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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6. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for July 2023.

7. Accept Inland SoCal Creative Corps Grant Award in the amount of $100,000 from the California Arts Council (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-119 to:

1. Authorize the City Manager to accept the grant award in the amount of $100,000;

2. Authorize the City Manager or his designee to conduct all negotiations, signings, and submittals of necessary documents to receive grant awards; and

3. Authorize the Agency Director of Administrative Services to amend the budget to appropriate the grant funds for Fiscal Year 2023/24.

Council Member Alexander asked if the funds were going to the Arts & Historical Commission for administration.

Director of Parks and Recreation Lydie Gutfeld explained the grant will be distributed as follows: 20% for administrative costs, 40% for art and murals, and 40% for festival performers.

RESULT: ADOPTED RESOLUTION NO. 2023-119[7-0]
MOVER:Damon Alexander, Council Member, Ward 7
SECONDER:Kimberly Calvin, Council Member, Ward 6
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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8. Amendment No. 2 Agreement with RHA Landscape Architects – Planners, Inc. for Nicholson Park Design (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, authorize the Interim City Manager to execute Amendment No. 2 to the Professional Design Services Agreement with RHA Landscape Architects – Planners, Inc., adding extra design services in the amount of $47,300 and increasing the purchase order to a total amount not-to-exceed $459,845 for the final design of Nicholson Park.

9. Establish a “No Parking Anytime” Parking Restrictions on the Northside of Marshall Boulevard between Valencia Avenue and Pepper Tree Lane and on the Westside of Pepper Tree Lane between Marshall Boulevard and Lynwood Drive (Ward 7)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-120, amending Resolution No. 3985 entitled, in part, “A Resolution Prohibiting Parking Upon Certain Designated Streets, Alleys, or Portion Thereof….” to establish a No Parking Anytime Zone on the Northside of Marshall Boulevard between Valencia Avenue and Pepper Tree Lane and the Westside of Pepper Tree Lane between Marshall Boulevard and Lynwood Drive.

RESULT: ADOPTED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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10. Award of Construction Contract for Pavement Rehabilitation at Three Locations (Wards 1, 3, 4)
Recommendation:

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

1. Approve the award of a Construction Contract Agreement with Matich Corporation Company in the amount of $763,593.55 to provide pavement rehabilitation at three (3) locations (“Project”); and

2. Authorize project construction, construction contingencies, and engineering and inspections costs in the total amount of $916,312.35 for the Project; and

3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

11. Formal Acceptance of Southern California Gas Company’s Application for Franchise, Enactment of the Resolution of Intention to Grant a Gas Franchise, and Approval of License Agreement (All Wards) Recommendation:

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

1. Formally accept application for a gas franchise from South California Gas Company; and

2. Enact Resolution 2023-121 of the Mayor and City Council of the City of San Bernardino, California, which recites the terms under which the City intends to grant the franchise and directs the City Clerk to publish the Notice within 15 days after the passage of this Resolution.

3. Approve license agreement with Southern California Gas Company.

RESULT: ADOPTED RESOLUTION NO. 2023-121 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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DISCUSSION

12. American Rescue Plan Act-Funded Entrepreneurial Development Services and Resource Center (All Wards)
Recommendation:

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

1. Approve a reallocation of $873,700 of American Rescue Plan Act (“ARPA”) funds from the Small Business Education and
Training Resources allocation to the Entrepreneurial
Development Services and Resource Center (the “ERC,” also know as the Aspen Institute Initiative) for a total of $1,873,700 allocated to the ERC.

2. Authorize the Interim City Manager, or designee, to take necessary steps to implement and administer the agreement including executing an agreement or Memorandum of Understanding (“MOU”) with the Inland Empire Center for Entrepreneurship in an amount not to exceed $1,873,700 through December 31, 2026, and signing subsequent, necessary, and related documents to implement the MOU.

Economic Development Division Manager, Amanda Hernandez, provided a presentation.

There was a discussion regarding the distribution of the American Rescue Plan Act Funds and other cities in our region using the Entrepreneurial Services and Resources Center. Council asked if a quarterly report can be provided to the Mayor and City Council with updates with business and funding.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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13. Proposed Administrative Policy Establishing the Municipal Volunteer Program (MVP) for the Offices of Elected Officials (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and consider the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2023-122 as presented establishing the Municipal Volunteer Program (MVP) – Offices of the Elected Officials Policy.

Item pulled by staff for additional work and will return on September 6, 2023.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

18. Work together as an entire City and Community to establish San Bernardino as a Pro Housing Destination and All-American City (All Wards) – Council Member Alexander
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-1] MOVER:Damon Alexander, Council Member, Ward 7
SECONDER:Kimberly Calvin, Council Member, Ward 6
AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES:Juan Figueroa

19. Consider Rent Stabilization and Other Tenant Protections (All Wards) – Council Member Reynoso
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [4-3] MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Kimberly Calvin, Council Member, Ward 6
AYES:Ibarra, Reynoso, Calvin, Alexander
NOES:Theodore Sanchez, Fred Shorett, Juan Figueroa

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included registration was open for the Annual Senior Event, and the San Bernardino Police Department Specialize Crime Unit participated in Operation Online Guardian for two weeks, Habitat for Humanity Spirit Night at the Bakers Drive Thru and 20% of the profit would go to schools, Coffee with a Cop with all District on August 15th, and attended several backpack giveaways.

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ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, August 02, 2023, at 10:48 p.m.

The next special meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Thursday, August 3, 2023, in the Council Chamber located at 555 West 6 th Street, San Bernardino, California 92410. Special Closed Session will begin at 2:00 p.m.

By: Telicia Lopez
Telicia Lopez, CMC, Acting City Clerk

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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
For the
Regular Meeting of the Mayor and City Council
of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, OCTOBER 4, 2023
5:30 PM
Closed Session was called to order at 5:32 p.m. by Mayor Pro Tem Fred Shorett on Wednesday, October 4, 2023, 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 5:35 p.m.

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 5:42 p.m.

Helen Tran Mayor Absent
Charles E. McNeely Interim City Manager Present
Sonia Carvalho City Attorney Present
Telicia Lopez Chief Deputy 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

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Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.

CLOSED SESSION PUBLIC COMMENT
Dr. Joshua Beckley spoke on Item B. He expressed support to the Mayor and City Council on their selection of the City Manager.

Dr. Treasure Ortiz spoke on Item B, she asked the Mayor and City Council to take their time in the recruitment process.
“Less” spoke of the previous City Manager candidate and his concerns regarding that candidate.

Pastor Ray Turner expressed concerned on the status of the City, and the City Manager recruitment. He spoke in favor of the plan for Interim City Manager Charles McNeely and encouraged the Mayor and City Council to keep Charles McNeely as the City Manager.

Al Palazzo expressed desire to become City Manager and he would follow Interim City Manager Charles McNeely ideas and he will rebuild the city with his vision.

The Mayor and City Council convened into Closed Session at 5:31 p.m.

CLOSED SESSION

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) AND (D)(1):
i. City of San Bernardino v. Fox Property Holdings LLC, et al. San Bernardino Superior Court Case No. CIVSB2218532
ii. Blanca Gamez v. Jonathan Plummer, et al., San Bernardino Superior Court Case No. CIVSB21115842
B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
i. City Manager
7:00 PM

The Regular Meeting was called to order at 7:12 p.m. by Mayor Pro Tem Fred Shorett on Wednesday, October 4, 2023, at Feldheym Central Library, San Bernardino, CA.

INVOCATION AND PLEDGE OF ALLEGIANCE
Dr. Joshua Beckley from Ecclesia Christian Fellowship led the Invocation and Joshua Almaraz Miranda from Belvedere Elementary School led the Pledge of Allegiance to the Flag.

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

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PRESENTATIONS

1. October 2023 Citizen of the Month – Manal Iskander, Greenshack – 2nd Ward

2. October 2023 Citizen of the Month – George’s Burgers – 2nd Ward

3. October 2023 Citizen of the Month – Meiga Sushi – 2nd Ward

4. October 2023 Citizen of the Month – Omar Aguirre, Tacos Arandas – 2nd Ward

5. October 2023 Citizen of the Month – Miyagi Sushi – 2nd Ward Councilmember Ibarra presented certificates for Citizen of the Month to Manal Iskander, Nick Kritikos, Maizi Ying, Omar Aguirre, and Myagi Sushi was not present.

6. Presentation of the City of San Bernardino Summer 2023 Youth Basketball All Star Participants
Director of Parks and Recreation, Lydie Gutfeld, introduced Cisco Ramirez, Youth Sports Coordinator to provide a presentation for the certificate recipients.

7. Recognition of Cal State San Bernardino University Baseball and Coach Mike Nadeau on his accomplishment in leading the team to its first National Collegiate Athletic Association run and being named Coach of the Year Director of Parks and Recreation, Lydie Gutfeld gave a presentation and presented the Certificate of Recognition to Coach Rene on behalf of Mike Nadeau.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Patricia Suarez Ramirez, Rolling Star, spoke on the assistance they offer to those with disabilities.

Rikke Van Johnson spoke on the City Manager candidates and asked the Mayor and City Council to select a City Manager that will help the city move forward.

Deborah spoke of the Dollar General developer damaging her property wall.

Treasure Ortiz spoke on crushing and grinding on site in the city.

Al Palazzo spoke of the ideas on rebuilding the west side and Mt. Vernon. He invited the Mayor and City Council on his vision tour.

Pastor Ray Turner asked the Mayor and City Council to keep Interim City Manager Charles McNeely because he has started a good foundation to help the city move forward.

Luis Ojeda spoke on the City Manager hiring process. He also spoke on the crushing and grinding being done on site in the city.

Amy Malone, resident of the 4 th Ward asked the Mayor and City Council what they are doing to move the city forward and how she can help as a business owner.

At this time the agenda was re-ordered. Mayor Pro Tem Shorett paused Public Comments at 8:00 p.m. to move on to the Public Hearing, item No. 24.

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PUBLIC HEARING

24. Approval of the Draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (All Wards)
Recommendation:

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

1. Conduct a public hearing on the draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (FY22-23 CAPER); and

2. Authorize its submission to the United States Department of Housing and Urban Development.

Mayor Pro Tem Shorett opened the public hearing at 8:00 p.m.

A presentation was provided by Interim Agency Director of Community and Economic Development and Housing, Mary Lanier.

There were no public speakers for this hearing.

The public hearing was closed at 8:03 p.m.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Mayor Pro Tem Shorett resumed public comments at the conclusion of the Public Hearing.

Barbara Sky spoke on Item No. 23, crushing and grinding concrete, and how this is not healthy for the residents. She also commented on how the Mayor and City Council need to work as a team, even if they do not agree.

John Shollenberger spoke on the new Charter that was approved in 2016, the Council- Manager form of government, and also asked the residents to help remove the Mayor’s position.

Dr. Gwen Dowdy Rodgers, fifth ward resident, spoke on the services Arrowhead United Way offers and announced the hunger relief concert Arrowhead United Way will be having to celebrate their 130 years of service. She also thanked Council Members for checking on them after the water accident in their building.

Ali Sahabi spoke in support of Item No. 8.

Daniel Jivandee spoke on several topics, the number of mosquitoes in the city, Item No. 9 and incorporating metrics for landlords, crushing and grinding on site, and the City Manager hiring process.

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Mayor and City Council of the City of San Bernardino Page 5 Christian Shaughnessy, staff liaison for the San Bernardino County Youth Advisory Board on Homelessness, spoke in support of Council Member Calvin and in support of Item No. 8. He also mentioned health issues resulting from the crushing and grinding concrete at city sites.

Keith Benitez spoke in support of Item No. 8 and asked the Mayor and City Council to help break the awful cycle of homelessness.

Ollie Espinoza spoke in support of Item No. 8.

Mykayah McKenzie spoke in support of Item No. 8.

Ulyzes Benitez spoke in support of Item No. 8.

Dolores Armstead spoke in support of Item No. 8, as well as the economic development of the city. She is in opposition to crushing and grinding concrete and asked the Mayor and City Council to do something about the “Oxbow Project.” Junior Carrillo spoke in support of Item No. 8. He also encourages the residents to read the staff report for crushing and grinding.

Lydia Savala spoke on the pet population problem in the city and that a spay neuter program needs to be implemented.

Diane Watson, representative from Southern California Animal Relief, spoke of the condition of the Animal Shelter.

Georgia Lykouretzos spoke in opposition to the new position for the Animal Shelter and the conditions of the Animal Shelter.

Sharon Negrete spoke on the Animal Shelter condition and the overcrowding.

David Freedman spoke in support of Item No. 8.

Robert Lopez, owner of Ortiz Ice Cream, commented on an incident that he had with Code Enforcement.

Michael Cross is a local rescue and asked the Mayor and City Council to do something about the animals.
“Less” spoke on several topics such as illegal dumping, removing the brick walls near Hilltop Restaurant since there is security now, Mt. Vernon bridge funding, and the City Manager recruitment. Asked to bring more low-income housing to help the homeless.

Claudia Contreras asked the Mayor and City Council for help with her permits to construct her business and with the issues she has with Alice’s Restaurant using her property for parking.

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Mayor and City Council of the City of San Bernardino Page 6 Cheryl Brown spoke in support of Item No. 8 and No. 9. She asked the Mayor and City Council to work together on the City Manager recruitment.

Hardy Brown spoke in support of the strategic initiative and Item No. 8. He asked to review the contract with Best, Best, and Krieger after recruitment of the City Manager.

Jim Penman asked the City Council to support Mayor Helen Tran because the mayor is the leader of the city. He also asked to support the mayor’s decision on the City Manager recruitment.

At this time, Chief Deputy City Clerk, Telicia Lopez read into the record the ADA written public Comment from Tim Dorame: spoke on the recruitment of the City Manager and having Charles McNeely as the City Manager.

CITY MANAGER UPDATE
Jeff Kraus, Public Information Officer provided city wide updates. Highlights included the city awarded over $2.5 million to one hundred and five local small businesses and non- profits, the groundbreaking ceremony for the construction of the new Del Rosa fire station, the open house at the Economic Development and Corporate Training Center, the Library received a grant to improve broadband service and the Saturday book sale returns on October 14 th through the 21 st, the Rendezvous back to Route 66 returns on Saturday, Coptober Fest will be on Wednesday, October 11 th, and the city launces the weekly farmers market.

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 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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8. Adoption of the Strategic Initiatives (All Wards)
Recommendation:

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

1. Adopt Resolution No. 2023-144:
a) Approving and authorizing the Agency Director of Administrative Services to amend the City of San Bernardino’s FY 2023/24 Operating Budget totaling $6,636,293 with $1,610,693 in General Fund appropriations, $3,325,600 in General Fund Strategic Reserve appropriations, and $1,700,000 in General Fund Capital Contingency Reserve appropriations; and
b) Approving the allocation of $2,000,000 beginning FY 2026/27 to sustain homelessness-related services; and
c) Approving the creation of the Economic Development Department; and
d) Directing staff to prepare and bring back a revised City salary schedule to include any new positions that are budgeted and the retitling of the Agency Directors.

2. Approve prioritizing the ADA Master Plan (future phases), Storm Drain Master Plan, and Facility/Building Management Master Plan as part of the biennial budget process; and

3. Direct staff to bring back Strategic Initiatives that require further Council review and approval.

RESULT: ADOPTED RESOLUTION NO. 2023-144 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

9. Adoption of Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino:
adopt Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards.

Interim Director of Community and Economic Development Mary Lanier announced that an administrative correction was needed to the ordinance, to include multifamily rental in the title.

RESULT: ADOPTED ORDINANCE NO. MC-1619 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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10. Settlement Agreement of Escrow Account Funds with Los Angeles Engineering
Recommendation:

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

1. Approve the Settlement Agreement of Escrow Account Funds jointly held with Los Angeles Engineering, a California Corporation; and

2. Authorize the City Manager, or designee, to execute the Settlement Agreement, receive the funds, and close the escrow account.

11. City Board, Commission, and Citizen Advisory Committee Minutes Approved in August and September 2023
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in August and September 2023.

12. Senior Human Resources/Risk Analyst Classification Title Change Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution 2023-147:

1. Updating the Senior Human Resources/Risk Analyst classification title to Supervising Human Resources Analyst; and

2. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

RESULT: ADOPTED RESOLUTION NO. 2023-147 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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13. Library Literacy Program Grant Funding (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-148 approving:

1. Accepting grant funding in the amounts of $99,287 from the California Department of Education; $60,719 for Adult Literacy Services, $20,615 for Family Literacy Services and $43,642 for English as a Second Language from the California State Library for Literacy Program services

2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 budget for the Literacy Program, which includes: appropriating $43,642 in both revenues and expenditures for the English as a Second Language Program and adjusting the grant fund budgets for the California Department of Education, Adult Literacy Services, and Family Literacy Services grants to account for any differences in the estimated grant funding versus the actual grant funds received.

RESULT: ADOPTED RESOLUTION NO. 2023-148 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

14. Library Revenue and Expense Budget (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-149 approving:

1. Accepting funding of $10,400.00 from the Inland Library System, $215.85 from the New Hope Missionary Baptist Church and $163.00 from San Bernardino Emblem Club No. 178.

2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget for the Library including $10,778.85 in both revenues and expenditures.

RESULT: ADOPTED RESOLUTION NO. 2023-149 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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15. Older Californians Nutrition Program Grant Award FY 2023/24 and Related Purchase Orders
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-150 authorizing:

1. City Manager or designee to accept the San Bernardino County Department of Aging and Adult Services – Public Guardian Grant Award in the amount of $376,667;

2. Agency Director of Administrative Services, or designee, to appropriate the grant funds to the FY 23/24 operating budget;

3. Agency Director of Administrative Services, or designee, to approve purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2023, through June 30, 2024 as follows:

Sysco Foods: $183,500 Hollandia Dairy: $23,500 Consulting Health Nutrition Services, Inc.: $17,000

4. Agency Director of Administrative Services, or designee, to amend the operating budget for Senior Nutrition to $105,000, including an additional $20,000 to ensure the needs of the program are met.

RESULT: ADOPTED RESOLUTION NO. 2023-150 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

16. 2023/2024 Senior Companion Program (SCP) – 3rd Year of a 3-Year Grant Award (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-151,

1. Accepting the Senior Companion Program grant award in the amount of $332,662, and

2. Authorizing the Agency Director of Administrative Services, or designee, to appropriate the grant funds for the period of July 1, 2023, through June 30, 2024.

RESULT: ADOPTED RESOLUTION NO. 2023-151 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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17. Accept 2022 Urban Areas Security Initiative (UASI) Grant (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-152 authorizing:

1. The City Manager to accept the FY2022 Urban Areas Security Initiative Grant funds; and

2. The Agency Director of Administrative Services to amend the Fiscal Year 2023/24 Adopted Budget by $100,000 in both revenue and expenditures.

RESULT: ADOPTED RESOLUTION NO. 2023-152 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

18. Accept California Office of Traffic Safety Grant Award (24-004883) (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-153 authorizing:

1. The City Manager to accept and administer the FY 2023/24 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant; and

2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget by $567,000 in both revenue and
expenditures.

RESULT: ADOPTED RESOLUTION NO. 2023-153 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

19. Acceptance of FY 2023 Edward Byrne Justice Assistance Grant Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2023-154, authorizing:

1. The City Manager to accept the 2023 Edward Byrne Justice Assistance Grant; and

2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget by $230,081 in both revenue and expenditures.

RESULT: ADOPTED RESOLUTION NO. 2023-154 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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20. Five-Year Capital Improvement Plan FY 2023/24 to FY 2027/28 for Measure I Local Expenditures (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-155 approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2023/24 through Fiscal Year 2027/28 and Measure I Expenditure Strategy.

RESULT: ADOPTED RESOLUTION NO. 2023-155 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

21. Contract Change Order Approval – 5th Street Senior Center Kitchen Improvements (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-156:

1. Authorizing the Agency Director of Administrative Services to record a budget amendment from Measure S Fund balance to allocate an additional $69,183.27 to fund the required change order to complete the 5th Street Senior Center Kitchen Improvements (“Project”); and

2. Approving the Construction Contract Change Order with Preferred General Services in the amount of $500,846.50 to provide improvements to the 5th Street Senior Center Kitchen; and

3. Authorizing the project construction and construction contingencies in the total amount of $520,573.30 for the 5th Street Senior Kitchen Improvements; and

4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

RESULT: ADOPTED RESOLUTION NO. 2023-156 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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22. Adoption of Ordinance No. MC-1621 to Grant a Franchise to Southern California Gas Company
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1621, An Ordinance of the Mayor and City Council of the City of San Bernardino, California, granting to Southern California Gas Company, a corporation, its successors and assigns, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any all purposes under, along, across or upon the public streets, ways, alleys, and places, as the same now or may hereafter exist, within said municipality.

RESULT: ADOPTED ORDINANCE NO. MC-1621 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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DISCUSSION

23. Discussion of Crushing and Grinding Operations in the City, the Repeal of Resolution 2020-265, and a Development Code Amendment Updating Temporary Use Permits
Recommendation:

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

1. Discuss the repeal of Resolution No. 2020 - 265;

2. Discuss Development Code Amendment to Section 19.70.035 (B) (Development and Operational Standards for Temporary Use Permits – On-site and Off-site Contractor’s Construction Yards); and

3. Provide additional direction to staff regarding the topics discussed.

Interim Director of Community and Economic Development Mary Lanier gave the presentation.

There was discussion amongst the City Council regarding having subject matter experts present with more information and bringing back the repeal of Resolution 2020-265.

Council Member Reynoso stated he would not support repealing the Ordinance.

RESULT: DIRECTED STAFF TO BRING BACK A RESOLUTION TO REPEAL RESOLUTION NO. 2020-265 AND ISSUE A WRITTEN NOTICE TO
THE PLANNING COMMISSION, TO RENDER WITHIN 40 DAYS A

REPORT ON CRUSHING RESTRICTION OF UNFINISHED
MATERIALS WITHIN 1,000 FEET OF RESIDENTIALLY ZONED
PROPERTY. STAFF WILL PROVIDE A PRESENTATION FROM A

THIRD PARTY SUBJECT MATTER EXPERT ON CRUSHING AND
GRINDING [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included Police Department Coptober Fest, the senior health fair, the new fire station open house, Brian Whitehead will no longer serve as the local reporter for The Sun and will be replaced by David Allen., translation services were approved for the Inland Valley Development Agency meeting, several Council Members attended the Legue of California Cities in Sacramento, attended the Central Valley Homeless Network, the K-9 fundraiser hosted by San Bernardino Police Department. The State of the County took place on September 27 th. There were workshops on the community benefits agreement hosted by Just San Bernardino. As well as attending the National American Day lunch at California State University, San Bernardino, and Champion of Choice luncheon.

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ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, October 4, 2023, at 10:23 p.m. The next meeting of the Mayor and City Council will adjourn to a Special Closed Session to be held on Friday, October 18, 2023, in the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401.

Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m.

Telicia Lopez
Telicia Lopez, CMC, Chief Deputy City Clerk

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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
For the
Regular Meeting of the Mayor and City Council
of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, NOVEMBER 15, 2023
7:00 PM
The Regular Meeting was called to order at 7:05 PM by Mayor Helen Tran on Wednesday, November 15, 2023, 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 Absent
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present 7:30 PM
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles A. Montoya 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

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INVOCATION AND PLEDGE OF ALLEGIANCE
Chaplain Joseph Paul Lujan from Victory Outreach Church led the Invocation and Selah Johnson from Cajon High School led the Pledge of Allegiance to the Flag.

PRESENTATIONS

1. City of San Bernardino Youth Civic Engagement Council Members Mayor Tran presented the members of the Youth Advisory Board. City Clerk Rocha administered the Oath of Office to the new board members Allahni Chapman, Alejandro Uribe, Alex Gilbreth, and Silvana Vazquez.

2. Proclamation for Family Caregivers Month in the City of San Bernardino- November 2023 (All Wards)
Mayor Tran presented the proclamation to: Enrique Camacho and various staff from Service Employees International Union.

CITY MANAGER UPDATE
There was no City Manager update provided.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard.

Mario Flores, Field Representative for San Bernardino County Fifth District Supervisor Joe Baca Jr., invited the community to three events: The Cup of Joe, Free Baseball Clinic for the youth , and Holiday Open House.

Al Palazzo spoke on behalf of the Stanley Family who is in escrow to purchase the Harris building. They are hosting an event for the community to help them reinvent the Harris building. He also stated that the city’s zoning needs to be updated.

Debbi Matley, The Community Ho Ho Parade, announced that Santa would be cruising through San Bernardino from Monday, December 4 th, through Thursday, December 7 th.

Routes are listed on their website.

Cheryl Weeks spoke on behalf of Jerry Holmes from the YMCA. She invited the community to the 46th Annual Children’s Christmas Parade on Saturday, December 9th.

Irene Chagolla Gonzales and Asia Hay thanked Mayor Tran.

Mykayah McKenzie asked the Mayor and City Council to fix the potholes in the city and stated that there are more homeless in the city because rent is too high.

Ollie Espinoza spoke on the potholes and the unleveled sidewalks.

Keith Benitez spoke on the Youth Point-In-Time count and the potholes in the city.

Jim Smith, The Native Sons of the Golden West, has meetings at Enterprise Building.

He also, spoke on the Veterans Day event in the city.

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Mayor and City Council of the City of San Bernardino Page 3 Ulyzes Benitez, San Bernardino Youth Advisory Board, spoke about the Youth Point-In- Time count occurring in January.

George Lykouretzos spoke on the Zoom bombing that occurred at the previous Mayor and City Council meeting. She asked the Mayor and City Council to help the Animal Shelter heating system, as well as to help the shelter get back on track.

Lydia Savala recommended having a temporary moratorium on dog breeding licenses.

Mike Harley, 7th Ward resident, spoke of not feeling safe in his ward.

Candy Sagrero expressed concern for her safety. Her neighbor is constantly trashing the alley and setting up fires.

Dolores Armstead spoke about the appointed City Manager and the general plan not being updated since 2006.

Brett Ward spoke in opposition of Item No. 8. He said if the contract gets approved, the public, also has access to the software.

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, STAFF PULLED ITEM NO. 8 FOR A SEPARATE VOTE AND ITEM NO. 9 WAS PULLED
FOR FURTHER REVIEW BY STAFF. [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Sandra Ibarra

3. Amendment to the 2023 Mayor and City Council Regular Meeting Schedule (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, cancel the December 20, 2023, Mayor and City Council Meeting.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Sandra Ibarra

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4. Adopt a Resolution Approving a Memorandum of Understanding (MOU) between San Bernardino County, City of San Bernardino, and Vulcan Materials Company – Western Division (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-173, approving the Memorandum of Understanding (MOU), between San Bernardino County (“County”), the City of San Bernardino (“City”), and Vulcan Materials Company – Western Division (“Vulcan”) to agree and concur that the County shall act as the Surface Mining and Reclamation Act (SMARA) of 1975 and California Environmental Quality Act (CEQA) Lead Agency.

RESULT: ADOPTED RESOLUTION NO. 2023-173 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Sandra Ibarra

5. Irrevocable Agreement to Annex No. 2023-375 (Ward 5) Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2023-174 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission (LAFCO) to provide City sewer services to a property located at 1199 W 41 st Street, San Bernardino, California, within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

RESULT: ADOPTED RESOLUTION NO. 2023-174 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Sandra Ibarra

6. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for October 2023.

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7. Investment Portfolio Report for July, August, and Sept 2023 (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 July, August, and Sept 2023.

8. Professional Service Agreement with CentralSquare Technologies, LLC. (All Wards).

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 execute a five-year Professional Service Agreement with Central Square Technologies; and

2. Authorize the Director of Finance and Management Services to issue a purchase order to Central Square Technologies, in the amount of $51,504.93 for the first year commencing on the effective date November 15, 2023; with a not to exceed amount of $131,823.01 for the duration of the five-year agreement term.

This item was pulled for discussion. There was a request from the City Council to have the crime data accessible to the public.

City Manager Charles Montaya and the police chief will discuss a method for the public to access the material.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Sandra Ibarra

9. Receive and File – Formation of partnership with Casa Ramona and Home of Neighborly Services City programming.

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the staff report.

Item No. 9 was pulled by staff for further review.

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10. Contract Change Order Approval - Encanto Community Center Improvement Project (Ward 6)
Recommendation:

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

1. Approve Amendment No. 1 to the Professional Services Agreement with Miller Architectural Corporation in the amount of $77,795, for a total contract amount of $256,180 from Encanto Community Center Improvement Project.

11. The San Bernardino County Transportation Authority 2023 TDA Article 3 Grant Funds for Bus Stop Sidewalk Improvements (All Wards) Recommendation:

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

1. Adopt Resolution No. 2023-175 authorizing submittal of a claim to the San Bernardino County Transportation Authority for Transportation Development Act (TDA) Article 3 Grant funds for the Bus Stop Sidewalk Improvements Project in the amount of $96,000. A local match of $24,000 is required, for a total of $120,000; and

2. Authorize the Director of Finance and Management Services to amend the Fiscal Year 2024/28 Capital Improvement Plan (CIP) to include the Bus Stop Sidewalk Improvements Project and allocate $120,000 from the Measure S fund; and

3. Authorize the City Manager, or their designee, to execute all documents pertaining to the acceptance of the 2023 TDA Article 3 Grant funds.

RESULT: ADOPTED RESOLUTION NO. 2023-175 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Sandra Ibarra

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

12. Consider establishment of a north end police substation (Ward 5) – Council Member Reynoso
Council Member Sanchez made a substitute motion and directed staff to consider a program where the funding can be used instead of a substation.

City Attorney Sonia Carvalho reminded the City Council that, according to the policy, items brought forward cannot be amended. The City Council must either vote in favor of or in opposition to the items as they are presented.

Council Member Reynoso stated for the record that the north end has been deprived of police presence since the substation was closed during the bankruptcy.

The City Council vote on this item, resulted in a tie of 3 affirmative votes and 3 votes in opposition. The mayor voted to break the tie, making the final vote 4-3 in favor.

RESULT: APPROVED ITEM BE CONSIDERED FOR FUTURE MEETING [4-3] MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Reynoso, Calvin, Alexander, Mayor Tran
NOES:Theodore Sanchez, Juan Figueroa, Fred Shorett
ABSENT:Sandra Ibarra

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included the opening of the Entrepreneurial Resource Center downtown, the great turnout of the Dia De Los Muertos, the reminder of the Farmers Market, the return Miracle on Court Street, Carousel Mall demolition near completion, the Feldheym Central Library received a grant for renovation, the street sign replacement program beginning soon, the Annual Salvation Army Red Kettle kickoff dinner for the holidays, Salvation Army raised, over a half million dollars with the use of the red kettle, attended the Inland Empire Music Artists, encouraged the community to participate in the SB Turkey Trot, also attended the San Bernardino County Homeless Summit, the Empire Black Equity Fund, thanked staff for the Veteran’s Day event.

Council Member Figueroa announced that an evaluation for the City Clerk and City Attorney needed to be done before the end of the year.

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ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, November 15, 2023, at 8:18 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 December 6, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

By: Telicia Lopez
Telicia Lopez, CMC, Acting City Clerk

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 2, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager
Department: City Manager’s Office
Subject: Join the California Community Housing Agency (CalCHA) Middle-Income Rental Housing Program (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-323:

1. Authorizing the City to become a member of the California Community Housing Agency (CalCHA); and

2. Approving and authorizing the City Manager to enter into a Joint Exercise of Powers Agreement relating to the Agency and one or more Public Benefit Agreements with the Agency; and

3. Approving the Agency’s issuance of Revenue Bonds for the new construction of essential middle-income housing projects within City limits.

Executive Summary
The proposed action would authorize the City of San Bernardino to join the California Community Housing Agency (CalCHA), a Joint Powers Authority formed to support workforce housing. By becoming a member, the City can facilitate new housing projects using tax-exempt revenue bonds issued by CalCHA—at no financial risk to the City.

This partnership also allows the City to take advantage of state incentives, including Assembly Bill 2011, to help meet the growing need for middle-income housing. The initiative aligns with the City’s housing priorities and supports long-term economic and community development.

Background
The Essential Middle-Income Affordable Housing Program, in partnership with the California Community Housing Agency (CalCHA), leverages state legislation— including Assembly Bill 2011—to support the development of mixed-use workforce housing. AB 2011 allows qualifying projects in commercial zones to proceed with by-

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right approval, streamlining entitlements by removing discretionary reviews and significantly reducing approval timelines.

Projects under this program must be new construction and are required to use prevailing-wage labor, creating an estimated 700 construction jobs per development.

Long-term affordability is protected through recorded 55-year covenants, with rents set below the market rate and a guaranteed minimum 10% rent discount. These units are targeted at households earning between 60% and 110% of the area median income (AMI), providing much-needed housing for residents who often earn too much to qualify for traditional affordable housing but are priced out of market-rate units.

Discussion
Each development will also include a commercial component, which will contribute to local revenue through property taxes and retail activity. Projects must comply with all City planning and permitting requirements, ADA standards, and standard business and sales tax regulations, ensuring consistency with local policies and oversight.

One potential future site for the project is located along 2nd Street, between Warm Creek and Mt. View Avenue. This location is well-positioned near major transportation corridors and is just over ¼ mile from a transit center, which qualifies it under Article 3 of AB 2011 for increased density (up to 80 units per acre) and potential parking reductions. Additionally, the site is within a five-mile radius of a significant concentration of employment, making it a strong candidate for workforce housing development.

A proposed mixed-use development at this site would include approximately 230 to 236 residential units and about 4,000 square feet of retail space, potentially accommodating a market and deli. This concept aims to help address the critical shortage of middle-income housing while supporting local businesses, stimulating economic activity, and fostering a walkable, integrated community.

Strategic Targets and Goals
This initiative advances the City’s goals to expand middle-income housing, support local job creation, and encourage investment in underutilized areas. The project’s location near a transit center promotes walkable, higher-density development. By partnering with CalCHA, the City can achieve these outcomes without financial impact to the General Fund.

Fiscal Impact
The City will not incur any financial obligation or assume debt through participation in CalCHA. The agency issues tax-exempt revenue bonds independently, with no risk or liability to the City. Staff time will be needed for permitting and coordination. While CalCHA projects may receive partial property tax exemptions, revenue can still be generated from commercial components and leasehold assessments. This structure supports workforce housing without impacting the City’s General Fund.

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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-323:

1. Authorizing the City to become a member of the California Community Housing Agency (CalCHA); and

2. Approving and authorizing the City Manager to enter into a Joint Exercise of Powers Agreement relating to the Agency and one or more Public Benefit Agreements with the Agency; and

3. Approving the Agency’s issuance of Revenue Bonds for the new construction of essential middle-income housing projects within City limits.

Attachments
Attachment 1 - Resolution No. 2025-323
Attachment 2 - CalCHA Public Benefit Agreement
Attachment 3 - Assembly Bill No. 2011
Attachment 4 - CalCHA’s Essential Housing Program
Attachment 5 - SBH - Concept Site Plan
Attachment 6 - Vicinity of Key Employers Distance to Site Attachment 7 - Annadel Apartments Brochure, Santa Rosa
Ward:

All Wards
Synopsis of Previous Council Actions:

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Resolution No.2025-323
Resolution 2025-323
July 2, 2025

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RESOLUTION NO. 2025-323

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA (THE
“CITY”) AUTHORIZING THE CITY TO BECOME AN

ADDITIONAL MEMBER OF THE CALIFORNIA
COMMUNITY HOUSING AGENCY (THE “AGENCY”);

APPROVING, AUTHORIZING AND DIRECTING THE

EXECUTION OF A JOINT EXERCISE OF POWERS

AGREEMENT RELATING TO THE AGENCY AND ONE OR

MORE PUBLIC BENEFIT AGREEMENTS WITH THE
AGENCY; AND APPROVING THE AGENCY’S ISSUANCE

OF REVENUE BONDS FOR THE NEW CONSTRUCTION

OF ESSENTIAL MIDDLE-INCOME HOUSING PROJECTS

WITHIN CITY LIMITS
WHEREAS, the Agency is a Joint Powers Authority created pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), and a Joint Exercise of Powers Agreement Relating to the Agency among certain public agencies (the “Agreement”), in order to produce, preserve and protect quality affordable rental housing made available to California’s essential middle-income workforce; and WHEREAS, one of the primary goals of the City is to meet the growing housing needs of its residents by actively supporting the production, preservation and protection of affordable rental housing for all; and
WHEREAS, the City, has determined that it is in the public interest and for the public benefit that the City become an Additional Member of the Agency pursuant to Section 12 of the Agreement in order to facilitate the production, preservation and protection of quality affordable rental housing for the City’s essential middle-income workforce, including the financing of projects therefor by the Agency; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City (the “City Council”), with the assistance of its staff, have reviewed said document, and the City proposes to become an Additional Member of the Agency; and WHEREAS, the Agency proposes to issue from time to time its governmental purpose revenue bonds (the “Bonds”) and use the proceeds thereof to finance the acquisition, construction, development, and certain related costs of new construction middle-income multifamily rental housing developments within the City (each, a “Project”); and WHEREAS, the Agency proposes to grant the City in connection with the financing of any Project the option, but never the obligation, to gift the Project to a non-profit organization with

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housing as its prime initiative, commencing on the date fifty-five (55) years after the Agency’s acquisition of such Project pursuant to a Public Benefit Agreement (the “Public Benefit Agreement”), between the Agency and the City, the form of which has been filed with the City Council; and
WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Agency for the aforesaid purposes; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, AS FOLLOWS:

Section 1.The foregoing recitals are true and correct and are hereby incorporated herein by this reference.

Section 2.The City hereby requests, and the City Council hereby authorizes, the City to become an Additional Member of the Agency pursuant to Section 12 of the Agreement. The Agreement is hereby approved and the City Manager or the designee thereof is hereby authorized and directed to execute the Agreement and the City Clerk or such Clerk’s designee is hereby authorized and directed to attest thereto.

Section 3.The proposed form of Public Benefit Agreement on file with the City Council is hereby approved. In connection with any Project, the City Manager or the designee thereof is hereby authorized and directed to execute an agreement in substantially said form, with such changes therein as such officer executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 4.The City Council hereby supports and approves the Agency’s issuance of Bonds from time to time to finance the Projects.

Section 5.The issuance of Bonds shall be subject to the approval of the Agency of all financing documents relating thereto to which the Agency is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 6.The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct any Project or any refinancing of any Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of any Project; (iii) make any contribution or advance any funds whatsoever to the Agency; or (iv) except as provided in this Resolution, take any further action with respect to the Agency or its membership therein.

Section 7.The executing officers(s), the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.

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July 2, 2025

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Section 8.The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Agency.

Section 9.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 10.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 11.This Resolution shall take effect immediately upon its passage.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of July 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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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. 2025-323, adopted at a regular meeting held on the 2 nd day of July 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 3rd day of July 2025.

Telicia Lopez, CMC, Acting City Clerk

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RECORDING REQUESTED BY
California Community Housing Agency

WHEN RECORDED RETURN TO:

Orrick, Herrington & Sutcliffe LLP
405 Howard Street
San Francisco, CA 94105
Attention: Jesse Albani

THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE

CALIFORNIA GOVERNMENT CODE

PUBLIC BENEFIT AGREEMENT

By and Between

CALIFORNIA COMMUNITY HOUSING AGENCY

and

CITY OF SAN BERNARDINO

_________________________

Relating to

CALIFORNIA COMMUNITY HOUSING AGENCY

ESSENTIAL HOUSING REVENUE BONDS
(SB LIGHT APARTMENTS)

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PUBLIC BENEFIT AGREEMENT
This PUBLIC BENEFIT AGREEMENT (“ Agreement”), dated July ______, 202 5 and effective as of the Effective Date (as hereinafter defined), by and between the CALIFORNIA COMMUNITY HOUSING AGENCY, a joint exercise of powers agency organized and existing under the laws of the State of California (including its successors and assig ns, “Owner”), and the CITY OF San Bernardino (“Host”).

BACKGROUND
WHEREAS, Owner is a public entity organized pursuant to a joint exercise of powers agreement (the “ JPA Agreement ”) among a number of California counties, cities and special districts, including Host, and is validly existing under the laws of the State of California, in particular, Title 1, Division 7, Chapter 5 of the California Government Code (the “ Joint Exercise of Powers Act”); and
WHEREAS, Owner and Host have determined that there is an undersupply of affordable housing for “middle -income” residents of Host and wish to provide for the public good and promote the health and welfare of such residents by making dwelling units available to middl e- income tenants according to income criteria to be established by Owner from time to time; and WHEREAS, pursuant to the Joint Exercise of Powers Act and the JPA Agreement, Owner proposes to issue Bonds (as hereinafter defined) to finance Owner’s acquisition, construction, and development of certain new -construction multifamily rental housing projects (the “Project”) located at 211 West 2nd Street, in the City of San Bernardino, California, on the real property sites described in Exhibit A hereto; and
WHEREAS, the Projects will provide public benefit through the production, preservation and/or protection of below -market-rate rental housing, pursuant to a Regulatory Agreement and Declaration of Restrictive Covenants (the “ Regulatory Agreement”) by and between Owner and Bond Trustee (as hereinafter defined); and
WHEREAS, Owner intends to make a contribution to Host by (a) paying or causing to be paid to Host Fifty percent (50%) of excess revenues derived from the Projects after payment in full of related debt, taxes and other expenses.

AGREEMENT
In consideration of the mutual covenants herein contained, and such other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Owner and Host mutually agree as follows:

Section 1. Definitions. Capitalized terms used in this Agreement shall have the meanings assigned to them in this Section 1; capitalized terms used in this Agreement and not defined in this Section 1 or elsewhere herein shall have the meanings assigned to them in the Indenture (herein defined).

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(a) “Appraised Value ” – the value of the Gifted Property as determined by an independent appraiser, selected by Owner, regularly engaged in making appraisals of property similar to the Gifted Property.
(b) “Bonds” – bonds of the Owner issued to finance its acquisition of the Projects and related transaction costs, bearing the designation “Essential Housing Revenue Bonds ( SB Light Apartments),” issued in one or more series or sub -series with such series and sub -series designations as may be set forth in the Indenture, including subordinate bonds which may be placed with Projects Administrator, or an affiliate thereof, if applicable , and including bonds issued to refund the Bonds, if applicable.
(c) “Bond Trustee ” – Wilmington Trust, National Association or any successor trustee under the Indenture.
(d) “Closing” – shall have the meaning set forth in Section 8 of this Agreement. (e) “Conveyance” – that transaction or series of transactions by which Owner shall transfer, bargain, sell and convey any and all right, title or interest in and to the Gifted Property. (f) “County” – the County of San Bernardino.
(g) “Effective Date ” – shall have the meaning set forth in Section 12 of this Agreement.
(h) “Extraordinary Costs and Expenses ” – shall have the meaning set forth in the Indenture.
(i) “Fair Market Value” – the price, in no event less than the Purchase Gift Price, a willing purchaser and a willing seller in an arm’s length transaction would agree upon as a fair sales price that could reasonably be expected to be received upon the sale of the Gifted Property, as determined by Owner pursuant to such means as Owner shall deem suitable for such purpose; provided that Owner’s determination of the manner of sale and Fair Market Value shall be final and incontestable.
(j) “Indenture” – the Trust Indenture between Owner, as issuer, and the Bond Trustee, as trustee, pursuant to which the Bonds are issued. (k) “Gift” – has the meaning set forth in Section 2 of this Agreement. (l) “Gift Term Commencement Date ” – the date of Bonds payoff from the date of issuance of the Bonds.
(m) “Gift Term” – shall commence on the Gift Term Commencement Date and, if not exercised, shall terminate at 11:59 p.m. local time on the date that is fifty-five (55) years from the Gift Term Commencement Date.
(n) “Gifted Property” – means all of Owner’s right, title and interest (which includes fee simple title to the real property) in and to all property and assets used in or otherwise related

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to the operation of the Projects including, without limitation, all real property and interests in real property, all tangible and intangible personal property including furniture, fixtures, equipment, supplies, intellectual property, licenses, permits, ap provals, and contractual rights of any kind or nature together with the right to own and carry on the business and operations of the Projects. (o) “Outstanding” – with respect to Bonds, as of any given date, all Bonds which have been authenticated and delivered by Bond Trustee under the Indenture, except: (i) Bonds cancelled at or prior to such date or delivered to or acquired by Bond Trustee at or prior to such date for cancellation; (ii) Bonds deemed to be paid in accordance with Article VIII of the Indenture; and (iii) Bonds in lieu of which other Bonds have been authenticated under the Indenture. (p) “Owner Indemnified Parties ” – Owner and each of its officers, governing members, directors, officials, employees, attorneys, agents and members. (q) “Projects Administrator ” – The Code Solution, Inc./Betula Lenta, Inc. and its successors and assigns.
(r) “Projects Administrator Sale ” – a sale of the Gifted Property at its Appraised Value to Projects Administrator in accordance with Section 6(c) of this Agreement. (s) “Projects Debt” – any debt secured by the Projects and incurred to finance or refinance Owner’s acquisition of the Projects and related transaction costs, including any portion of the Bonds and any bonds, notes or other indebtedness issued by Owner to improve the Projects or to refund the Bonds in whole or in part.
(t) “Purchase Gift Price” – the sum of the amounts set forth below:
i. an amount sufficient to either prepay, redeem in whole or fully defease for redemption on the earliest call date all Projects Debt; plus ii. any fees or other amounts not identified in clause (i) that may be necessary to effect the complete release from and discharge of any lien, mortgage or other encumbrance on the Gifted Property (the amounts in clauses (i) and (ii) being collectively referred to as the “Satisfied Indebtedness”); plus iii. any amounts due to Owner (including the Owner Indemnified Persons, as provided in the Indenture), the Bond Trustee or any predecessor or successor, or any other Person under any indenture, loan agreement, bond, note or other instrument relating to any Sati sfied Indebtedness (including, without limitation, indemnification amounts, Owner’s Extraordinary Costs and Expenses, recurrent and extraordinary fees and expenses, and reimbursable costs and expenses of any kind or nature); plus iv. Transaction Costs; minus
v. Any funds held by or for Owner under the Indenture applied to the retirement of Projects Debt, but, for avoidance of doubt, the Owner shall retain amounts in the Extraordinary Expense Fund and may, in addition, retain such portion of moneys in other funds under the Indenture it deems reasonable as a reserve against future costs

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and expenses of the type described in subparagraph (iii) above, which amount shall be final and incontestable.
(u) “Third-Party Sale” - a sale of the Gifted Property to a third -party purchaser at Fair Market Value.
(v) “Transaction Costs” – to the extent not otherwise described herein, any costs or expenses of any kind or nature associated with or incurred by Owner and Host in connection with the consummation of the Conveyance, any refinancing of the Projects or assumption of Projects Debt regardless of whether such costs and expenses are customarily borne by the seller or purchaser in any such transaction, including but not limited to taxes, recording fees and other impositions, Owner’s and Host’s legal and other professional fees, fees f or verification agents, bidding agents, escrow agents, custodians or trustees, assumption fees, prepayment fees, the cost of the appraisal (regardless of whether the Appraised Value is ultimately determined to be the Fair Market Value), surveys, inspections, title commitments, title insurance premiums and other title - related fees, and all amounts required for indemnification of Owner, Bond Trustee and Projects Administrator.

Section 2. Economic Contributions and Gift . To provide a public benefit and economic contribution to Host as described in the Recitals to this Agreement, Owner hereby (a) agrees to pay or cause to be paid to Host Fifty percent (50%) o f the amounts held in the Excess Revenue Fund pursuant to Section 3 hereof and the Indenture, and
(b) agrees to fund $1 Million through a CFD bond to the Host for improvements to Meadowbrook Park or an adjacent park upon the choosing of the Host. (c) grants to a Non-Profit with a housing initiative of the Project Administrators choosing the Gift (the “Gift”) with respect to the Gifted Property, as more fully described in Section 6 of this Agreement.

Section 3. Excess Revenues.
(a) Owner shall cause Bond Trustee to create an account (the “ Excess Revenue Fund”) under the Indenture into which surplus cash from the Projects will be deposited following payment of all other obligations and expenses as required pursuant to the Indenture. Upon exercise of the Gift as provided herein, Bond Trustee shall transfer the balance of the Excess Revenue Fund to Host in connection with the Conveyance.
(b) On the first date upon which no Bonds or other Projects Debt remains Outstanding, which may be the date of the Conveyance, any and all monies in the Excess Revenue Fund shall be transferred by Bond Trustee to Host, to be applied by Host in its sole discretion.

Thereafter, for so long as Owner remains the owner of the Projects and there is no Projects Debt outstanding, Owner shall pay or cause to be paid to Host, all Projects-related revenue in excess of Projects-related expenses, to be applied by Host in its sole discretion. At Host’s written request

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and expense, Owner will appoint a third-party paying agent or trustee to handle payment of excess revenues to Host following retirement of all Bonds and all Projects Debt. (c) Upon any Conveyance of the Gifted Property by Owner pursuant to the terms hereof, Owner shall apply the proceeds of the sale (i) to redeem the Bonds then Outstanding, (ii) to prepay, redeem in whole or fully defease any other Projects Debt, and (iii) to pay any fees or other amounts listed in (iii) and (iv) of the Purchase Gift Price definition.

Section 4. Gift Term. The Gift shall become effective on the Gift Term Commencement Date and may be exercised during the Gift Term at Project Administrator’s sole discretion. Owner agrees that it will not enter into any agreement to sell all or any part of the Gifted Property during the Gift Term other than as may be required by the Indenture (e.g., in the event of default), without the specific written request of Project Administrator , which consent shall not be unreasonably withheld, and, if Projects Debt is outstanding, delivery of an Opinion of Bond Counsel to Owner substantially to the effect that such sale will not, in and of itself, adversely affect the exclusion of interest on the tax-exempt Bonds from gross income for purposes of federal income taxation. Upon the expiration of the Gift Term, Owner shall use its best efforts to sell the Gifted Property at Fair Market Value. Following the expiration of the Gift Term, Project Administrator shall not be precluded from purchasing all or any portion of the Gifted Property from Owner at a price and on the terms agreed upon by Project Administrator and Owner, but Owner shall not be precluded from seeking or agreeing to sell, or consummating the sale of, all or any portion thereof to any third party.

Section 5. Intentionally BLANK
Section 6. Fixing of Gift and Purchase Price; Contractual Obligation. (a) Gift. Owner shall gift the respective Projects to a non -profit organization with housing as its prime initiative, at a time which is at a minimum of continued operation of the respective Projects for a period of not less than the payoff of the Bonds, when they have matured and been paid down.
(b) Intentionally BLANK
Section 7. Terms of Conveyance of Gifted Property.
(a) The Conveyance shall be in the nature of a grant deed in which Owner shall deliver one or more deeds, bills of sale, or other instruments of transfer without recourse or warranty of any kind or nature.
(b) The Gifted Property will be conveyed in AS IS CONDITION, WITH ALL FAULTS, and without representations or warranties of any kind or nature as to the condition of the Gifted Property.
(c) There shall be no partial transfer and that, upon consummation of the Conveyance, Owner shall be fully divested of any and all right, title or interest in and to the Gifted Property.

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Section 8. Closing of Conveyance of Gifted Property. The closing of the Conveyance to the Project Administrator (“Closing”) shall take place not later than the ninetieth (90th) calendar day following the date on which Owner and Project Administrator agree on the terms of the purchase agreement pursuant to Section 6(a) hereof at such time within normal business hours and at such place as may be designated by Project Administrator. (a) Prorations. All general and special real property taxes and assessments, and rents shall be prorated as of the Closing, with Host responsible for all such items to the extent arising or due at any time following the Closing. General real property taxes shall be prorated at the time of Closing based on the net general real property taxes for the year of Closing. (b) Limitation. If, after taking into account all adjustments and prorations, the net amount due Owner at Closing is less than the Purchase Gift Price, it is fully understood and agreed that in no event shall Owner receive proceeds less than the amount necessary to fully retire or defease the Bonds and otherwise satisfy all of the payments constituting the components of the Purchase Gift Price and the prorations in Section 8(a) hereof. (c) Possession. Physical possession of the Gifted Property shall be delivered to Project Administrator at the time of Closing.

Section 9. Gifted Property: Title Insurance, Title Defects. (a) Within fifteen (15) business days after it receives an Exercise Notice specifying Project Administrator ’s intent to purchase the Gifted Property, Owner shall provide Project Administrator with a title commitment (the “Title Commitment”) in the customary ALTA form of Standard Owner’s Policy of Title Insurance in Project Administrator ’s favor, for the amount equivalent to the Purchase Gift Price (whichever is applicable), with a commitment to insure good and marketable fee simple title to the Gifted Property in Project Administrator, issued by a title insurance company licensed to do business in the State of California and acceptable to Project Administrator (the “ Title Company ”). The policy shall show the status of title to the Gifted Property and show all exceptions, including easements, restrictions, rights -of-way, covenants, reservations, and other conditions of record, if any, affecting the subject real estate. Accompanying the Title Commitment, Owner shall also have Title Compan y furnish Project Administrator with true, correct, complete, and legible copies of all documents affecting title to the subject real estate.

The cost and expense of such Standard Owner’s Title Commitment shall be payable as a Transaction Cost. Project Administrator shall pay the additional premium due if Project Administrator elects to obtain an extended coverage policy of title insurance and/or extended coverage endorsements. Owner shall cooperate with Project Administrator , at no expense to Owner, by providing an affidavit to Title Company to induce Title Company to issue to Project Administrator at Closing a “GAP” endorsement to the Title Commitment showing the effective date of the Title Commitment to be the time and date of Closing. (b) If the Title Commitment shows exceptions to title which are unacceptable to Project Administrator, Project Administrator shall, within ten (10) business days after receipt of the Title Commitment and not later than twenty (20) business days before the date for Closing, notify Owner of such fact and Owner shall have twenty (20) business days after Owner receives Project Administrator’s written objections to cure such defects and to present a Title Commitment

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on the basis of which Closing may occur or to notify Project Administrator that Owner will not cure same. If Owner cannot or will not cure such defects within such twenty (20) business day period and thereafter convey title to the Gifted Property as required in this Agreement, then Project Administrator shall have the right (at Project Administrator’s Gift) to either:
(i) Rescind the Exercise Notice and Owner may proceed to close the sale under the terms of a Third-Party Sale, if there is a third-party offer; or (ii) Accept whatever title Owner can or will convey, without reduction in the purchase price because of such title defects. Any exceptions to title disclosed on the Title Commitment to which Project Administrator does not timely object to in writing or to which Project Administrator objects but thereafter accepts by Closing shall be included as a “Permitted Exception.”
Section 10. Assignment of Gift. Project Administrator shall not assign the Gift without the prior written consent of Owner, which consent shall not be unreasonably withheld, and delivery of an Opinion of Bond Counsel to Owner substantially to the effect that such assignment will not, in and of itself, adversely affect the exclusion o f interest on the tax -exempt Bonds from gross income for purposes of federal income taxation. Notwithstanding the foregoing, neither party to this Agreement shall assign its interests, obligations, rights and/or responsibilities under this Agreement without the prior written consent of the other party.

Section 11. Recording of Agreement . This Agreement, and any amendment thereto, shall be recorded with the recorder’s office of the County. Project Administrator shall cooperate with Owner to remove any such recorded Agreement or amendment thereto from title to the Gifted Property upon Owner’s reasonable request therefor and, in any event, by no later than the earliest of (i) a Conveyance or (ii) the expiration of the Gift Term. In the event that, within said time, Project Administrator fails to so cooperate and provide its original signature to a termination of such recorded Agreement or amendment thereto, then Project Administrator hereby irrevocably constitutes and appoints Owner as Project Administrator’s true and lawful attorney (and agent-in- fact) strictly for the purpose of executing in Project Administrator’s name any such termination.

Section 12. Conditions Precedent; Effective Date . Effectiveness of this Agreement shall be conditioned upon satisfaction of each of the following conditions:
(a) Issuance of the Bonds;
(b) Purchase of the Gifted Property by Owner as evidenced by a grant deed or comparable instrument; and
(c) Recording in the real property records of the County of this Agreement and the Regulatory Agreement.

The first date upon which each of the above conditions is satisfied shall be the effective date of this Agreement (the “Effective Date”).

Section 13. No Individual Liability.

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(a) The Owner shall not be directly, indirectly, contingently or otherwise liable for any costs, expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Agreement or any sale or Conveyance or failure or price thereof or application of proceeds thereof, except only as to moneys available therefor under and in accordance with the Indenture or this Agreement. (b) No Owner Indemnified Person shall be individually or personally liable for the payment of any sum hereunder or be subject to any personal liability or accountability by reason of the execution and delivery of this Agreement, or by any proceedings for the s ale or Conveyance of the Projects or the determination of the Purchase Gift Price, or Project Administrator’s exercise or waiver of same, or otherwise except in the case of such Owner Indemnified Person’s own willful misconduct.
(c) No officer or employee of Project Administrator shall be personally liable to Owner, or any successor in interest, in the event of any default or breach by Project Administrator of any obligation of the terms of this Agreement. No officer or employee of Owner shall be personally liable to Project Administrator, or any successor in interest, in the event of any default or breach by Owner of any obligation of the terms of this Agreement.

Section 14. Notices, Governing Law, Binding Effect and Other Miscellaneous Provisions.
(a) Notices. All notices provided for in this Agreement shall be in writing and shall be given to Owner or Host at the address set forth below or at such other address as they individually may specify thereafter by written notice in accordance herewith:

If to Owner: California Community Housing Agency
1400 W. Lacey Blvd., Building 1
Hanford, California 93230
Attention: Michael LaPierre

With a copy to: Betula Lenta, Inc (TCS)
800 West 6th Street, Suite 1250
San Bernardino, CA 90017
Attention: David Park

If to Host: City of San Bernardino
Office of _________________
290 North D Street
San Bernardino, CA 92401
Attention: _______________

Such notices shall be deemed effective upon actual delivery or upon the date that any such delivery was attempted and acceptance thereof was refused, or if mailed, certified return receipt requested, postage prepaid, properly addressed, three (3) days after posting.

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(b) Consents and Approvals. All consents and approvals and waivers required or asserted hereunder shall be in writing, signed by the party from whom such consent, approval, waiver or notice is requested.
(c) Maintenance of Membership. In order to preserve the Projects’s exemption from property tax, Host agrees to remain a member of the Owner joint powers authority so long as any Bonds remain Outstanding.
(d) Pronouns. Where appropriate to the context, words of one gender include all genders, and the singular includes the plural and vice versa. (e) Amendments. This Agreement may not be modified except in a written instrument signed by Host and Owner.
(f) Complete Agreement; Benefits. This Agreement together with all schedules and exhibits attached hereto and made part thereof supersedes all previous agreements, understandings and representations made by or between the parties hereto. This Agreement shall inure solely and exclusively to the benefit of the Owner and Host, and no other party shall have any right, remedy or claim under or by reason of this Agreement. (g) Governing Law . This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles.

All claims of whatever character arising out of this Agreement, or under any statute or common law re lating in any way, directly or indirectly, to the subject matter hereof or to the dealings between Owner and any other party hereto, if and to the extent that such claim potentially could or actually does involve Owner, shall be brought in any state or fed eral court of competent jurisdiction located in Kings County, California. By executing and delivering this Agreement, each party hereto irrevocably: (i) accepts generally and unconditionally the exclusive jurisdiction and venue of such courts; (ii) waives any defense of forum non-conveniens; and (iii) agrees not to seek removal of such proceedings to any court or forum other than as specified above. The foregoing shall not be deemed or construed to constitute a waiver by Owner of any prior notice or procedural requirements applicable to actions or claims against or involving governmental units and/or political subdivisions of the State of California that may exist at the time of and in connection with such matter.
(h) Subordination. This Agreement shall be subordinate to any claim, pledge or interest in the Gifted Property securing the Bonds or any Projects Debt. (i) Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such invalid provision shall be deemed severable, and shall not affect the validity or enforceability of any other provisions of this Agreement, all of which shall remain fully enforceable.
(j) Conflicts. For sake of clarity, Bond Counsel represents the Owner in the matters covered by this Agreement, and does not represent or owe any attorney -client or similar duty to Host with respect to any such matters. If Bond Counsel has represented, currently

Packet Page. 115

10 4160-9700-5108.2

represents or in the future represents Host in any other matter, no conflict -of-interest shall be deemed to exist on that account, and to the extent a conflict is considered to exist anyway or arises, both Host and Owner waive any such conflict and consent to such representation of both Host and Owner.
(k) Term. This Agreement shall terminate upon the earliest of (i) Conveyance or (ii) the expiration of the Gift Term in accordance with this Agreement. (l) Captions. The captions used in this Agreement are solely for convenience and shall not be deemed to constitute a part of the substance of the Agreement for purpose of its construction.
(m) Counterparts. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same Agreement.

[SIGNATURE PAGE TO FOLLOW]

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11 4160-9700-5108.2

IN WITNESS WHEREOF , the parties have executed this Agreement as of the date set forth above.

CALIFORNIA COMMUNITY HOUSING
AGENCY

By:

________________

CITY OF San Bernardino

By
:

_______________________________
_

Signature Page to Public Benefit Agreement

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12 4160-9700-5108.2

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)
Notary Public, 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)

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EXHIBIT “A”

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

THAT PORTION OF BLOCK 2 OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7, PAGES 1 OF MAPS, RECORDS OF SAID COUNTY, LYING SOUTHERLY OF 2ND STREET, 82.5 FEET WIDE, EASTERLY OF ARROWHEAD AVENUE, 82.5 FEET WIDE, (FORMERLY CRAFTON STREET), WESTERLY OF MOUNTAIN VIEW AVENUE, 82.5 FEET WIDE, (FORMERLY CAMEL STREET) AS SHOWN ON SAID PLAT DESCRIBED

ABOVE NORTHERLY OF KING STREET, (FORMERLY BRIDGE STREET) AS SHOWN ON BEDFORD BROTHERS SUBDIVISION PER PLAT RECORDED IN BOOK 8, PAGE 30 OF MAPS, RECORDS OF SAID COUNTY.

EXCEPT THAT PORTION OF SAID BLOCK 2, DESCRIBED IN THE QUITCLAIM FROM ROY T. COE AND HELEN C. COE, HUSBAND AND WIFE, TO GEORGE EDWARD COE AND ROYNA MAE COBB RECORDED AUGUST 24, 1967 IN BOOK 6878, PAGE 738, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

THAT UNSUBDIVIDED PORTION OF LOTS 4 AND 5, IN CITY BLOCK 2, AS RECORDED IN BOOK 7, PAGE 1 OF MAPS, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, DESCRIED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5, THENCE SOUTH 225 FEET; THENCE NORTHEASTERLY TO A POINT 50 FEET SOUTH AND 184 FEET EAST OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE WEST TO THE POINT OF BEGINNING.

A PORTION OF SAID LAND IS ALSO SHOWN AS LOTS 1 THROUGH 10, INCLUSIVE, OF BLOCK 4, AND

THE ALLEY VACATED ADJACENT TO SAID LOTS, OF BEDFORD BROTHERS SUBDIVISION, AS PER PLAT RECORDED IN BOOK 3, PAGE 84 OF MAPS AND BOOK 8, PAGE 30 OF MAPS, RECORDS OF SAID COUNTY.

Assessor’s Parcel Number: 0135-281-22
Physical Address: 211 West 2nd Street

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Assembly Bill No. 2011
CHAPTER 647
An act to amend Sections 65400 and 65585 of, and to add and repeal Chapter 4.1 (commencing with Section 65912.100) of Di vision 1 of Title 7 of, the Government Code, relating to housing.
[Approved by Governor September 28, 2022. Filed with
Secretary of State September 28, 2022.]
legislative counsel’s digest
AB 2011, Wicks. Affordable Housing and High Road Jobs Act of 2022.

The Planning and Zoning La w authorizes a de velopment proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process and not subject to a conditional use permit if the de velopment satisfies specified objecti ve planning standards.

This bill would create the Affordable Housing and High Road Jobs Act of 2022, which w ould authorize a de velopment proponent to submit an application for a housing de velopment that meets specified objecti ve standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use, and would mak e the de velopment a use by right and subject to one of 2 streamlined, ministerial re view processes. The bill w ould require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including a requirement that all construction w orkers be paid at least the general prevailing rate of w ages, as specified. The bill w ould require a development proponent to certify to the local go vernment that those standards will be met in project construction. By e xpanding the crime of perjury, the bill would impose a state-mandated local program.

This bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. The bill would require a development proponent for a de velopment of 50 or more housing units appro ved by a local government pursuant to the abo ve-described pro visions to require construction contractors to participate in an apprenticeship program or request dispatch of apprentices from a state-appro ved apprenticeship program, and to mak e specified health care e xpenditures for construction craft employees. The bill would require the development proponent to certify compliance with those requirements to the local government and to report monthly to the local go vernment that the y are in compliance with those requirements. The bill w ould subject the de velopment proponent and the construction contractors and subcontractors to specified civil penalties for

90 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

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failing to comply with those requirements, and w ould require the penalty funds to be deposited in the State Public Works Enforcement Fund. The bill would prohibit a local government from imposing any requirement, including increased fees, on the basis that the project is eligible to receive ministerial or streamlined approval. Because the bill would impose new duties on local governments, the bill would impose a state-mandated local program.

This bill w ould require the Department of Housing and Community Development to undertak e specified studies of the outcomes of the Affordable Housing and High Road Jobs Act of 2022, to publish reports on the findings of those studies, to post the reports on its internet website, and to submit the reports to the Legislature.

This bill would repeal the provisions of the Affordable Housing and High Road Jobs Act of 2022 on January 1, 2033.

The Planning and Zoning Law requires a city or county to adopt a general plan for land use de velopment within its boundaries that includes, among other things, a housing element. The law also requires a planning agenc y to provide a specified annual report after the le gislative body has adopted all or part of a general plan.

This bill would require the annual report to include specified information about applications for housing de velopments submitted pursuant to the Affordable Housing and High Road Jobs Act of 2022.

The Planning and Zoning Law also requires the Department of Housing and Community Development to notify the city, county, or city and county, and authorizes the department to notify the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or f ailure to act, does not substantially comply with the la w as it pertains to housing elements or that an y local go vernment has tak en an action in violation of certain housing laws.

This bill would add the Affordable Housing and High Road Jobs Act of 2022 to that list of housing laws.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not ha ve that effect.

CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

This bill w ould define “use by right” for purposes of the Affordable Housing and High Road Jobs Act of 2022, in part, as a development project that is not a project for purposes of CEQA, and the appro val process established by this bill w ould be ministerial in nature, thereby e xempting the approval of development projects subject to that approval process from CEQA.
90 — 2 — Ch. 647

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This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 1743, AB 2094, and AB 2653, to be operative only if this bill and an y one or a combination of AB 1743, AB 2094, and AB 2653, are enacted, and this bill is enacted last, as described.

This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 2097 and AB 2653 to be operative only if this bill and either or both of AB 2097 and AB 2653 are enacted, and this bill is enacted last, as described.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill w ould pro vide that with re gard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to an y other mandates, this bill w ould provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would make its provisions operative on July 1, 2023.

The people of the State of California do enact as follows:

SECTION 1. Section 65400 of the Government Code is amended to read:
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)  Investigate and mak e recommendations to the le gislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly gro wth and de velopment, preserv ation and conserv ation of open-space land and natural resources, and the efficient e xpenditure of public funds relating to the subjects addressed in the general plan. (2)  Provide by April 1 of each year an annual report to the le gislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)  (i)  The progress in meeting its share of re gional housing needs determined pursuant to Section 65584 and local ef forts to remo ve governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii)  The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may re view, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of 90 Ch. 647 — 3 —

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Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allo wed to provide oral testimony and written comments.
(iii)  The report may include the number of units that have been completed pursuant to subdi vision (c) of Section 65583.1. F or purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdi vision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision.
(iv)  The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. (C)  The number of housing de velopment applications recei ved in the prior year.
(D)  The number of units included in all development applications in the prior year.
(E)  The number of units approved and disapproved in the prior year. (F)  The degree to which its appro ved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)  A listing of sites rezoned to accommodate that portion of the city’ s or county’s share of the re gional housing need for each income le vel that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdi vision (c) of Section 65583 and Section 65584.09.

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number of units including both rental housing and for-sale housing by area median income cate gory constructed using the process pro vided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has recei ved funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdi vision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)  The number of density bonus applications recei ved by the city or county.
(ii)  The number of density bonus applications appro ved by the city or county.
(iii)  Data from a sample of projects, selected by the planning agenc y, approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
(ii)  The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(iv)  The number of units in the project that are rental housing. (v)  The number of units in the project that are for-sale housing. (vi)  The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
(b)  If a court finds, upon a motion to that ef fect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdi vision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintif f or petitioner may mo ve for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court 90 Ch. 647 — 5 —

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determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdi vision applies to proceedings initiated on or after the first day of October follo wing the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report.

SEC. 1.1. Section 65400 of the Government Code is amended to read:
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)  Investigate and mak e recommendations to the le gislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly gro wth and de velopment, preserv ation and conserv ation of open-space land and natural resources, and the efficient e xpenditure of public funds relating to the subjects addressed in the general plan. (2)  Provide by April 1 of each year an annual report to the le gislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)  (i)  The progress in meeting its share of re gional housing needs determined pursuant to Section 65584 and local ef forts to remo ve governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii)  The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may re view, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

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(iv)  The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. (C)  The number of housing de velopment applications recei ved in the prior year , including whether each housing de velopment application is subject to a ministerial or discretionary approval process. (D)  The number of units included in all development applications in the prior year.
(E)  The number of units approved and disapproved in the prior year. (F)  The degree to which its appro ved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)  A listing of sites rezoned to accommodate that portion of the city’ s or county’s share of the re gional housing need for each income le vel that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdi vision (c) of Section 65583 and Section 65584.09.

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(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)  The number of density bonus applications recei ved by the city or county.
(ii)  The number of density bonus applications appro ved by the city or county.
(iii)  Data from a sample of projects, selected by the planning agenc y, approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
(ii)  The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(iv)  The number of units in the project that are rental housing. (v)  The number of units in the project that are for-sale housing. (vi)  The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
(b)  If a court finds, upon a motion to that ef fect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdi vision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintif f or petitioner may mo ve for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdi vision applies to proceedings initiated on or after the first day of October follo wing the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
90 — 8 — Ch. 647

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(c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report.

SEC. 1.2. Section 65400 of the Government Code is amended to read:
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)  Investigate and mak e recommendations to the le gislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly gro wth and de velopment, preserv ation and conserv ation of open-space land and natural resources, and the efficient e xpenditure of public funds relating to the subjects addressed in the general plan. (2)  Provide by April 1 of each year an annual report to the le gislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)  (i)  The progress in meeting its share of re gional housing needs determined pursuant to Section 65584, including the need for e xtremely low income households, as determined pursuant to paragraph (1) of subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii)  The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may re view, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

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(C)  The number of housing de velopment applications recei ved in the prior year.
(D)  The number of units included in all development applications in the prior year.
(E)  The number of units approved and disapproved in the prior year. (F)  The degree to which its appro ved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)  A listing of sites rezoned to accommodate that portion of the city’ s or county’s share of the re gional housing need for each income le vel that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdi vision (c) of Section 65583 and Section 65584.09.

The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H)  The number of net new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for -sale units that satisfy each income cate gory. The production report shall include, for each entitlement, b uilding permit, or certificate of occupanc y, a unique site identifier that must include the assessor’s parcel number, but may include street address, or other identifiers. (I)  The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdi vision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income cate gory constructed using the process pro vided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has recei ved funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdi vision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
90 — 10 — Ch. 647

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(i)  The number of density bonus applications recei ved by the city or county.
(ii)  The number of density bonus applications appro ved by the city or county.
(iii)  Data from a sample of projects, selected by the planning agenc y, approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
(ii)  The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(iv)  The number of units in the project that are rental housing. (v)  The number of units in the project that are for-sale housing. (vi)  The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
(b)  If a court finds, upon a motion to that ef fect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdi vision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintif f or petitioner may mo ve for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdi vision applies to proceedings initiated on or after the first day of October follo wing the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c)  The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report.

SEC. 1.3. Section 65400 of the Government Code is amended to read:
65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1) Investigate and mak e recommendations to the le gislative body regarding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for 90 Ch. 647 — 11 —

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orderly gro wth and de velopment, preserv ation and conserv ation of open-space land and natural resources, and the efficient e xpenditure of public funds relating to the subjects addressed in the general plan. (2) Provide by April 1 of each year an annual report to the le gislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A) The status of the plan and progress in its implementation. (B) (i) The progress in meeting its share of re gional housing needs determined pursuant to Section 65584 and local ef forts to remo ve governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may re view, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

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The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H)  The number of units of housing demolished and new units of housing, including both rental housing and for -sale housing and an y units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element c ycle, and the income cate gory, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for -sale units that satisfy each income category. The production report shall include, for each entitlement, b uilding permit, or certificate of occupanc y, a unique site identifier that must include the assessor’ s parcel number, but may include street address, or other identifiers.
(I)  The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdi vision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income cate gory constructed using the process pro vided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has recei ved funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdi vision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)  The number of density bonus applications recei ved by the city or county.
(ii)  The number of density bonus applications appro ved by the city or county.
(iii)  Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of af fordable units in the project, the number of other incentives or concessions granted to the project, and an y waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
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(ii)  The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(iv)  The number of units in the project that are rental housing. (v)  The number of units in the project that are for-sale housing. (vi)  The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
(b)  (1)  (A)  The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdivision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph.
(B)  If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdi vision (a) to the planning agency in writing.
(2)  If a court finds, upon a motion to that ef fect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdi vision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintif f or petitioner may mo ve for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdi vision applies to proceedings initiated on or after the first day of October follo wing the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c)  The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report.

SEC. 1.4. Section 65400 of the Government Code is amended to read:
65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1) Investigate and mak e recommendations to the le gislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly gro wth and de velopment, preserv ation and conserv ation of open-space land and natural resources, and the efficient e xpenditure of public funds relating to the subjects addressed in the general plan. 90 — 14 — Ch. 647

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(2) Provide by April 1 of each year an annual report to the le gislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A) The status of the plan and progress in its implementation. (B) (i) The progress in meeting its share of re gional housing needs determined pursuant to Section 65584, including the need for e xtremely low income households, as determined pursuant to paragraph (1) of subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may re view, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

The report shall be considered at an annual public meeting before the legislative body where members of the public shall be allo wed to provide oral testimony and written comments.
(iii)  The report may include the number of units that have been completed pursuant to subdi vision (c) of Section 65583.1. F or purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdi vision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision.
(iv)  The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. (C)  The number of housing de velopment applications recei ved in the prior year , including whether each housing de velopment application is subject to a ministerial or discretionary approval process. (D)  The number of units included in all development applications in the prior year.
(E)  The number of units approved and disapproved in the prior year. (F)  The degree to which its appro ved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)  A listing of sites rezoned to accommodate that portion of the city’ s or county’s share of the re gional housing need for each income le vel that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdi vision (c) of Section 65583 and Section 65584.09. 90 Ch. 647 — 15 —

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The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H)  (i)  The number of net ne w units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupanc y, thus f ar in the housing element cycle, and the income category, by area median income cate gory, that each unit of housing satisfies. That production report shall do the following:
(I)  For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category.
(II)  For each entitlement, b uilding permit, or certificate of occupanc y, include a unique site identifier that must include the assessor’ s parcel number, but may also include street address, or other identifiers. (ii)  For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08.
(I)  The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdi vision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income cate gory constructed using the process pro vided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has recei ved funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdi vision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)  The number of density bonus applications recei ved by the city or county.
(ii)  The number of density bonus applications appro ved by the city or county.
(iii)  Data from a sample of projects, selected by the planning agenc y, approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
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(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
(ii)  The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(iv)  The number of units in the project that are rental housing. (v)  The number of units in the project that are for-sale housing. (vi)  The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
(b)  If a court finds, upon a motion to that ef fect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdi vision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintif f or petitioner may mo ve for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdi vision applies to proceedings initiated on or after the first day of October follo wing the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c)  The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report.

SEC. 1.5. Section 65400 of the Government Code is amended to read:
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)  Investigate and mak e recommendations to the le gislative body regarding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly gro wth and de velopment, preserv ation and conserv ation of open-space land and natural resources, and the efficient e xpenditure of public funds relating to the subjects addressed in the general plan. (2)  Provide by April 1 of each year an annual report to the le gislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)  (i)  The progress in meeting its share of re gional housing needs determined pursuant to Section 65584, including the need for e xtremely low income households, as determined pursuant to paragraph (1) of 90 Ch. 647 — 17 —

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subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may re view, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

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category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for -sale units that satisfy each income category. The production report shall include, for each entitlement, b uilding permit, or certificate of occupanc y, a unique site identifier that must include the assessor’ s parcel number, but may include street address, or other identifiers.
(I)  The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdi vision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income cate gory constructed using the process pro vided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has recei ved funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdi vision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)  The number of density bonus applications recei ved by the city or county.
(ii)  The number of density bonus applications appro ved by the city or county.
(iii)  Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of af fordable units in the project, the number of other incentives or concessions granted to the project, and an y waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
(ii)  The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(iv)  The number of units in the project that are rental housing. (v)  The number of units in the project that are for-sale housing. (vi)  The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
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(b)  (1)  (A)  The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdivision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph.
(B)  If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdi vision (a) to the planning agency in writing.
(2)  If a court finds, upon a motion to that ef fect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdi vision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintif f or petitioner may mo ve for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdi vision applies to proceedings initiated on or after the first day of October follo wing the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c)  The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report.

SEC. 1.6. Section 65400 of the Government Code is amended to read:
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)  Investigate and mak e recommendations to the le gislative body regarding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly gro wth and de velopment, preserv ation and conserv ation of open-space land and natural resources, and the efficient e xpenditure of public funds relating to the subjects addressed in the general plan. (2)  Provide by April 1 of each year an annual report to the le gislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)  (i)  The progress in meeting its share of re gional housing needs determined pursuant to Section 65584 and local ef forts to remo ve governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. 90 — 20 — Ch. 647

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(ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may re view, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H) (i) The number of units of housing demolished and ne w units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a b uilding permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income cate gory, that each unit of housing satisfies. That production report shall do the following:
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(I)  For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category.
(II)  For each entitlement, b uilding permit, or certificate of occupanc y, include a unique site identifier that must include the assessor’ s parcel number, but may also include street address, or other identifiers. (ii)  For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08.
(I)  The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdi vision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income cate gory constructed using the process pro vided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has recei ved funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdi vision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)  The number of density bonus applications recei ved by the city or county.
(ii)  The number of density bonus applications appro ved by the city or county.
(iii)  Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of af fordable units in the project, the number of other incentives or concessions granted to the project, and an y waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
(ii)  The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(iv)  The number of units in the project that are rental housing. (v)  The number of units in the project that are for-sale housing. 90 — 22 — Ch. 647

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(vi)  The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
(b)  (1)  (A)  The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdivision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph.
(B)  If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdi vision (a) to the planning agency in writing.
(2)  If a court finds, upon a motion to that ef fect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdi vision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintif f or petitioner may mo ve for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdi vision applies to proceedings initiated on or after the first day of October follo wing the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c)  The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report.

SEC. 1.7. Section 65400 of the Government Code is amended to read:
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)  Investigate and mak e recommendations to the le gislative body regarding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly gro wth and de velopment, preserv ation and conserv ation of open-space land and natural resources, and the efficient e xpenditure of public funds relating to the subjects addressed in the general plan. (2)  Provide by April 1 of each year an annual report to the le gislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)  (i)  The progress in meeting its share of re gional housing needs determined pursuant to Section 65584, including the need for e xtremely 90 Ch. 647 — 23 —

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low income households, as determined pursuant to paragraph (1) of subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may re view, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H) (i) The number of units of housing demolished and ne w units of housing, including both rental housing and for -sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued 90 — 24 — Ch. 647

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a completed entitlement, a b uilding permit, or a certificate of occupanc y, thus far in the housing element c ycle, and the income cate gory, by area median income category, that each unit of housing satisfies. That production report shall do the following:
(I)  For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category.
(II)  For each entitlement, b uilding permit, or certificate of occupanc y, include a unique site identifier that must include the assessor’ s parcel number, but may also include street address, or other identifiers. (ii)  For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08.
(I)  The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdi vision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income cate gory constructed using the process pro vided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has recei ved funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdi vision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)  The number of density bonus applications recei ved by the city or county.
(ii)  The number of density bonus applications appro ved by the city or county.
(iii)  Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of af fordable units in the project, the number of other incentives or concessions granted to the project, and an y waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
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SEC. 2. Section 65585 of the Government Code is amended to read:
65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of a re vision of its housing element pursuant to subdi vision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element re vision or draft amendment to the 90 — 26 — Ch. 647

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department. The local government of the planning agenc y shall make the first draft revision of a housing element a vailable for public comment for at least 30 days and, if an y comments are recei ved, the local go vernment shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft re vision prior to submitting it to the department. F or any subsequent draft re vision, the local government shall post the draft re vision on its internet website and shall email a link to the draft re vision to all individuals and organizations that have previously requested notices relating to the local go vernment’s housing element at least seven days before submitting the draft revision to the department.
(2)  The planning agenc y staf f shall collect and compile the public comments regarding the housing element recei ved by the city , county, or city and county , and pro vide these comments to each member of the legislative body before it adopts the housing element.
(3)  The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element re vision pursuant to subdi vision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft a vailable for public comment for at least 30 days and, if comments were recei ved, has tak en at least 10 b usiness days to consider and incorporate public comments pursuant to paragraph (1). (c)  In the preparation of its findings, the department may consult with any public agenc y, group, or person. The department shall recei ve and consider any written comments from an y public agency, group, or person regarding the draft or adopted element or amendment under review. (d)  In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e)  Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not a vailable within the time limits set by this section, the legislative body may act without them.
(f)  If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)  Change the draft element or draft amendment to substantially comply with this article.
(2)  Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)  Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
90 Ch. 647 — 27 —

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(h)  The department shall, within 90 days, re view adopted housing elements or amendments and report its findings to the planning agency. (i)  (1)  (A)  The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including an y f ailure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city , county, or city and county as to whether the action or f ailure to act substantially complies with this article, and pro vide a reasonable time no longer than 30 days for the city , county, or city and county to respond to the findings before taking an y other action authorized by this section, including the action authorized by subparagraph (B).
(B)  If the department finds that the action or f ailure to act by the city , county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)  The department may consult with an y local go vernment, public agency, group, or person, and shall recei ve and consider an y written comments from any public agency, group, or person, re garding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)  The department shall notify the city , county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or an y action or f ailure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)  Housing Accountability Act (Section 65589.5).
(2)  Section 65863.
(3)  Chapter 4.3 (commencing with Section 65915).
(4)  Section 65008.
(5)  Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)  Section 8899.50.
(7)  Section 65913.4.
(8)  Article 11 (commencing with Section 65650).
(9)  Article 12 (commencing with Section 65660).
(10)  Section 65913.11.
(11)  Chapter 4.1 (commencing with Section 65912.100).
(k)  Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and 90 — 28 — Ch. 647

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shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdi vision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out.

If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of an y incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
(1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund.

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(3)  If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)  If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept an y available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B)  The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may tak e all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4)  This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of an y law identified in subdivision (j).
(m)  In determining the application of the remedies a vailable under subdivision (l), the court shall consider whether there are an y mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city , county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)  Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state la w in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o)  Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in an y action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p)  Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Ci vil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdi vision (j), or by the department pursuant to subdivision (o).
90 — 30 — Ch. 647

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SEC. 2.1. Section 65585 of the Government Code is amended to read:
65585. (a)  In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b)  (1)  At least 90 days prior to adoption of a re vision of its housing element pursuant to subdi vision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element re vision or draft amendment to the department. The local government of the planning agenc y shall make the first draft revision of a housing element a vailable for public comment for at least 30 days and, if an y comments are recei ved, the local go vernment shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft re vision prior to submitting it to the department. F or any subsequent draft re vision, the local government shall post the draft re vision on its internet website and shall email a link to the draft re vision to all individuals and organizations that have previously requested notices relating to the local go vernment’s housing element at least seven days before submitting the draft revision to the department.
(2)  The planning agenc y staf f shall collect and compile the public comments regarding the housing element recei ved by the city , county, or city and county , and pro vide these comments to each member of the legislative body before it adopts the housing element.
(3)  The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element re vision pursuant to subdi vision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft a vailable for public comment for at least 30 days and, if comments were recei ved, has tak en at least 10 b usiness days to consider and incorporate public comments pursuant to paragraph (1). (c)  In the preparation of its findings, the department may consult with any public agenc y, group, or person. The department shall recei ve and consider any written comments from an y public agency, group, or person regarding the draft or adopted element or amendment under review. (d)  In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e)  Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not a vailable within the time limits set by this section, the legislative body may act without them.
(f)  If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
90 Ch. 647 — 31 —

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(1)  Change the draft element or draft amendment to substantially comply with this article.
(2)  Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)  Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h)  The department shall, within 90 days, re view adopted housing elements or amendments and report its findings to the planning agency. (i)  (1)  (A)  The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including an y f ailure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city , county, or city and county as to whether the action or f ailure to act substantially complies with this article, and pro vide a reasonable time no longer than 30 days for the city , county, or city and county to respond to the findings before taking an y other action authorized by this section, including the action authorized by subparagraph (B).
(B)  If the department finds that the action or f ailure to act by the city , county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)  The department may consult with an y local go vernment, public agency, group, or person, and shall recei ve and consider an y written comments from any public agency, group, or person, re garding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)  The department shall notify the city , county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or an y action or f ailure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)  Housing Accountability Act (Section 65589.5).
(2)  Section 65863.
(3)  Chapter 4.3 (commencing with Section 65915).
(4)  Section 65008.
(5)  Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)  Section 8899.50.
(7)  Section 65913.4.
90 — 32 — Ch. 647

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(8)  Article 11 (commencing with Section 65650).
(9)  Article 12 (commencing with Section 65660).
(10)  Section 65913.11.
(11)  Section 65863.2.
(12)  Chapter 4.1 (commencing with Section 65912.100)
(k)  Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdi vision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l)  In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out.

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if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the e vent that the jurisdiction f ails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(3)  If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)  If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept an y available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B)  The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may tak e all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4)  This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of an y law identified in subdivision (j).
(m)  In determining the application of the remedies a vailable under subdivision (l), the court shall consider whether there are an y mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city , county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)  Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state la w in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
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(o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in an y action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Ci vil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdi vision (j), or by the department pursuant to subdivision (o).

SEC. 2.2. Section 65585 of the Government Code is amended to read:
65585. (a)  In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b)  (1)  At least 90 days prior to adoption of a re vision of its housing element pursuant to subdi vision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element re vision or draft amendment to the department. The local government of the planning agenc y shall make the first draft revision of a housing element a vailable for public comment for at least 30 days and, if an y comments are recei ved, the local go vernment shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft re vision prior to submitting it to the department. F or any subsequent draft re vision, the local government shall post the draft re vision on its internet website and shall email a link to the draft re vision to all individuals and organizations that have previously requested notices relating to the local go vernment’s housing element at least seven days before submitting the draft revision to the department.
(2)  The planning agenc y staf f shall collect and compile the public comments regarding the housing element recei ved by the city , county, or city and county , and pro vide these comments to each member of the legislative body before it adopts the housing element.
(3)  The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element re vision pursuant to subdi vision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft a vailable for public comment for at least 30 days and, if comments were recei ved, has tak en at least 10 b usiness days to consider and incorporate public comments pursuant to paragraph (1). (c)  In the preparation of its findings, the department may consult with any public agenc y, group, or person. The department shall recei ve and 90 Ch. 647 — 35 —

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consider any written comments from an y public agency, group, or person regarding the draft or adopted element or amendment under review. (d)  In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e)  Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not a vailable within the time limits set by this section, the legislative body may act without them.
(f)  If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)  Change the draft element or draft amendment to substantially comply with this article.
(2)  Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)  Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h)  The department shall, within 90 days, re view adopted housing elements or amendments and report its findings to the planning agency. (i)  (1)  (A)  The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including an y f ailure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city , county, or city and county as to whether the action or f ailure to act substantially complies with this article, and pro vide a reasonable time no longer than 30 days for the city , county, or city and county to respond to the findings before taking an y other action authorized by this section, including the action authorized by subparagraph (B).
(B)  If the department finds that the action or f ailure to act by the city , county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)  The department may consult with an y local go vernment, public agency, group, or person, and shall recei ve and consider an y written comments from any public agency, group, or person, re garding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)  The department shall notify the city , county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing 90 — 36 — Ch. 647

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element or an amendment to this element, or an y action or f ailure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)  Housing Accountability Act (Section 65589.5).
(2)  Section 65863.
(3)  Chapter 4.3 (commencing with Section 65915).
(4)  Section 65008.
(5)  Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)  Section 8899.50.
(7)  Section 65913.4.
(8)  Article 11 (commencing with Section 65650).
(9)  Article 12 (commencing with Section 65660).
(10)  Section 65913.11.
(11)  Section 65400.
(12)  Chapter 4.1 (commencing with Section 65912.100).
(k)  Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdi vision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l)  In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out.

Any fine levied pursuant to this paragraph shall be in a minimum amount 90 Ch. 647 — 37 —

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of ten thousand dollars ($10,000) per month, b ut shall not e xceed one hundred thousand dollars ($100,000) per month, e xcept as pro vided in paragraphs (2) and (3). In the e vent that the jurisdiction f ails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2)  If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the e vent that the jurisdiction f ails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(3)  If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)  If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept an y available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B)  The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may tak e all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4)  This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of an y law identified in subdivision (j).
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(m)  In determining the application of the remedies a vailable under subdivision (l), the court shall consider whether there are an y mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city , county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)  Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state la w in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o)  Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in an y action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p)  Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Ci vil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdi vision (j), or by the department pursuant to subdivision (o).

SEC. 2.3. Section 65585 of the Government Code is amended to read:
65585. (a)  In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b)  (1)  At least 90 days prior to adoption of a re vision of its housing element pursuant to subdi vision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element re vision or draft amendment to the department. The local government of the planning agenc y shall make the first draft revision of a housing element a vailable for public comment for at least 30 days and, if an y comments are recei ved, the local go vernment shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft re vision prior to submitting it to the department. F or any subsequent draft re vision, the local government shall post the draft re vision on its internet website and shall email a link to the draft re vision to all individuals and organizations that have previously requested notices relating to the local go vernment’s housing element at least seven days before submitting the draft revision to the department.
(2)  The planning agenc y staf f shall collect and compile the public comments regarding the housing element recei ved by the city , county, or city and county , and pro vide these comments to each member of the legislative body before it adopts the housing element.
(3)  The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element re vision pursuant to subdi vision (e) of Section 90 Ch. 647 — 39 —

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65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft a vailable for public comment for at least 30 days and, if comments were recei ved, has tak en at least 10 b usiness days to consider and incorporate public comments pursuant to paragraph (1). (c)  In the preparation of its findings, the department may consult with any public agenc y, group, or person. The department shall recei ve and consider any written comments from an y public agency, group, or person regarding the draft or adopted element or amendment under review. (d)  In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e)  Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not a vailable within the time limits set by this section, the legislative body may act without them.
(f)  If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)  Change the draft element or draft amendment to substantially comply with this article.
(2)  Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)  Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h)  The department shall, within 90 days, re view adopted housing elements or amendments and report its findings to the planning agency. (i)  (1)  (A)  The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including an y f ailure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city , county, or city and county as to whether the action or f ailure to act substantially complies with this article, and pro vide a reasonable time no longer than 30 days for the city , county, or city and county to respond to the findings before taking an y other action authorized by this section, including the action authorized by subparagraph (B).
(B)  If the department finds that the action or f ailure to act by the city , county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
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(2)  The department may consult with an y local go vernment, public agency, group, or person, and shall recei ve and consider an y written comments from any public agency, group, or person, re garding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)  The department shall notify the city , county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or an y action or f ailure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)  Housing Accountability Act (Section 65589.5).
(2)  Section 65863.
(3)  Chapter 4.3 (commencing with Section 65915).
(4)  Section 65008.
(5)  Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)  Section 8899.50.
(7)  Section 65913.4.
(8)  Article 11 (commencing with Section 65650).
(9)  Article 12 (commencing with Section 65660).
(10)  Section 65913.11.
(11)  Section 65400.
(12)  Section 65863.2.
(13)  Chapter 4.1 (commencing with Section 65912.100).
(k)  Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdi vision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l)  In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out.

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substantial compliance and for purposes of an y incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
(1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund.

Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, b ut shall not e xceed one hundred thousand dollars ($100,000) per month, e xcept as pro vided in paragraphs (2) and (3). In the e vent that the jurisdiction f ails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2)  If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the e vent that the jurisdiction f ails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(3)  If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)  If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept an y available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B)  The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may tak e all governmental actions necessary to bring the jurisdiction’s housing element 90 — 42 — Ch. 647

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into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4)  This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of an y law identified in subdivision (j).
(m)  In determining the application of the remedies a vailable under subdivision (l), the court shall consider whether there are an y mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city , county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)  Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state la w in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o)  Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in an y action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p)  Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Ci vil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdi vision (j), or by the department pursuant to subdivision (o).

SEC. 3. Chapter 4.1 (commencing with Section 65912.100) is added to Division 1 of Title 7 of the Government Code, to read:

Chapter 4.1. Affordable Housing and High Road Jobs Act of 2022 Article 1. General Provisions
65912.100. This chapter shall be kno wn and cited as the Affordable Housing and High Road Jobs Act of 2022.
65912.101. For purposes of this chapter , the following terms have the following meanings:
(a) “Commercial corridor” means a highway, as defined in Section 360 of the Vehicle Code, that is not a freeway, as defined in Section 332 of the Vehicle Code, and that has a right-of-way, as defined in Section 525 of the Vehicle Code, of at least 70 and not greater than 150 feet. 90 Ch. 647 — 43 —

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(b)  “Development proponent” means a developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this chapter.
(c)  “Extremely low income households” has the same meaning as defined in Section 50106 of the Health and Safety Code.
(d)  “Health care e xpenditures” include contrib utions under Sections 501(c) or (d) or 401(a) of the Internal Revenue Code and payments toward “medical care” as defined under Section 213(d)(1) of the Internal Revenue Code.
(e)  “Housing development project” has the same meaning as defined in Section 65589.5.
(f)  “Industrial use” means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. “Industrial use” does not include po wer substations or utility con veyances such as po wer lines, broadband wires, and pipes.
(g)  “Local affordable housing requirement” means either of the following:
(1)  A local government requirement, as a condition of de velopment of residential units, that a housing de velopment project include a certain percentage of units affordable to, and occupied by, extremely low, very low, lower, or moderate-income households as a condition of de velopment of residential units.
(2)  A local go vernment requirement allo wing a housing de velopment project to be a use by right if the project includes a certain percentage of units affordable to, and occupied by , extremely low, very low, lower, or moderate-income households as a condition of de velopment of residential units.
(h)  “Local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(i)  “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
(j)  “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
(k)  “Moderate-income households” means households of persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.
(l)  “Multifamily” means a property with five or more housing units for sale or for rent.
(m)  “Neighborhood plan” means a specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3, or an area plan, precise plan, urban village plan, or master plan that has been adopted by a local government.
(n)  “Principally permitted use” means a use that may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit.
(o)  “Side street” means a highw ay, as defined in Section 360 of the Vehicle Code, that is not a freeway, as defined in Section 332 of the Vehicle 90 — 44 — Ch. 647

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Code, and that has a right-of-way, as defined in Section 525 of the Vehicle Code, of at least 25 and fewer than 70 feet.
(p)  “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(q)  “Use by right” means a development project that satisfies both of the following conditions:
(1)  The development project does not require a conditional use permit, planned unit development permit, or other discretionary local go vernment review.
(2)  The development project is not a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (r)  “Very low income households” has the same meaning as defined in Section 50105 of the Health and Safety Code.
65912.102. The department may re view, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this chapter . Any guidelines or terms adopted pursuant to this section are not subject to Chapter

3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
65912.103. For purposes of establishing the total number of units in a development under this chapter, a development project includes both of the following:
(a)  All projects de veloped on a site, re gardless of when those developments occur.
(b)  All projects developed on sites adjacent to a site developed pursuant to this chapter if, after January 1, 2022, the adjacent site had been subdivided from the site developed pursuant to this chapter.
65912.104. (a)  The department shall undertake at least two studies of the outcomes of this chapter . One study shall be completed on or before January 1, 2027, and one shall be completed on or before January 1, 2031. (b)  The studies required by subdi vision (a) shall include, b ut not be limited to, the number of projects b uilt, the number of units b uilt, the jurisdictional and regional location of the housing, the relative wealth and access to resources of the communities in which they are built, the level of affordability, the ef fect on greenhouse g as emissions, and the creation of construction jobs that pay the prevailing wage.
(c)  The department shall publish a report of the findings of a study required by subdivision (a), post the report on its internet website, and submit the report to the Legislature pursuant to Section 9795. 65912.105. This chapter shall remain in ef fect only until January 1, 2033, and as of that date is repealed.
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Article 2. Affordable Housing Developments in Commercial Zones 65912.110. Notwithstanding an y inconsistent pro vision of a local government’s general plan, specific plan, zoning ordinance, or re gulation, a de velopment proponent may submit an application for a housing development that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to Section 65912.114 if the proposed housing development satisfies all of the requirements in Sections 65912.111, 65912.112, and 65912.113.
65912.111. A development project shall not be subject to the streamlined, ministerial re view process pro vided by Section 65912.114 unless the development is proposed to be located on a site that satisfies all of the following criteria:
(a)  It is located in a zone where office, retail, or parking are a principally permitted use.
(b)  It is a legal parcel or parcels that meet either of the following:
(1)  It is within a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2)  It is in an unincorporated area, and the le gal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster , as designated by the United States Census Bureau.
(c)  At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. F or purposes of this subdi vision, parcels that are only separated by a street or highw ay shall be considered to be adjoined.
(d)  (1)  It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. (2)  For purposes of this subdi vision, parcels only separated by a street or highway shall be considered to be adjoined.
(3)  For purposes of this subdivision, “dedicated to industrial use” means any of the following:
(A)  The square footage is currently being used as an industrial use. (B)  The most recently permitted use of the square footage is an industrial use.
(C)  The site was designated for industrial use in the latest v ersion of a local government’s general plan adopted before January 1, 2022. (e)  It satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (f)  It is not an e xisting parcel of land or site that is go verned under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of P art 2 of Di vision 2 of the Ci vil Code), the Mobilehome P arks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupanc y P arks Act (P art 2.3 90 — 46 — Ch. 647

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(commencing with Section 18860) of Division 13 of the Health and Safety Code).
(g)  For a site within a neighborhood plan area, the site satisfies either of the following conditions:
(1)  As of January 1, 2022, there was a neighborhood plan applicable to the site that permitted multifamily housing development on the site. (2)  As of January 1, 2024, there was a neighborhood plan applicable to the site that permitted multifamily housing development on the site and all of the following occurred:
(A)  A notice of preparation for the neighborhood plan was issued before January 1, 2022, pursuant to the requirements of Sections 21080.4 and 21092 of the Public Resources Code.
(B)  The neighborhood plan was adopted on or after January 1, 2022, and before January 1, 2024.
(C)  The environmental review for the neighborhood plan was completed before January 1, 2024.
(h)  For a vacant site, the site satisfies both of the following:
(1)  It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be af fected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the ef fects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code.
(2)  It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179.
65912.112. A development project shall not be subject to the streamlined, ministerial re view process pro vided by Section 65912.114 unless the development proposal meets all of the following affordability criteria:
(a)  One hundred percent of the units within the de velopment project, excluding managers’ units, shall be dedicated to lower income households at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. (b)  The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units. 65912.113. A development project shall not be subject to the streamlined, ministerial re view process pro vided by Section 65912.114 unless the development proposal meets all of the follo wing objective development standards:
(a)  The development shall be a multifamily housing development project. (b)  The residential density for the development will meet or exceed the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in paragraph (3) of subdivision (c) of Section 65583.2.
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(c)  (1)  The de velopment proponent shall complete a phase I environmental assessment, as defined in Section 25319.1 of the Health and Safety Code.
(2)  If a recognized en vironmental condition is found, the de velopment proponent shall undertake a preliminary endangerment assessment, as defined in Section 25319.5 of the Health and Safety Code, prepared by an environmental assessor to determine the e xistence of an y release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.
(A)  If a release of a hazardous substance is found to exist on the site, the release shall be remo ved, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements.
(B)  If a potential for e xposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitig ated to a le vel of insignificance in compliance with current state and federal requirements.
(d)  None of the housing on the site is located within 500 feet of a freeway, as defined in Section 332 of the Vehicle Code.
(e)  None of the housing on the site is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
(f)  The development will meet the following objective zoning standards, objective subdivision standards, and objective design review standards:
(1)  The applicable objecti ve standards shall be those for the zone that allows residential use at a greater density between the following:
(A)  The e xisting zoning designation for the parcel if e xisting zoning allows multifamily residential use.
(B)  The zoning designation for the closest parcel that allows residential use at a density that meets the requirements of subdivision (b). (2)  The applicable objective standards shall be those in effect at the time that the de velopment application is submitted to the local go vernment pursuant to this article.
(g)  For purposes of this section, “objective zoning standards,” “objective subdivision standards, ” and “objecti ve design re view standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly v erifiable by reference to an e xternal and uniform benchmark or criterion a vailable and kno wable by both the de velopment applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(1)  A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allo wed within that land use 90 — 48 — Ch. 647

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designation, notwithstanding an y specified maximum unit allocation that may result in fewer units of housing being permitted.
(2)  In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this section if the development is consistent with the standards set forth in the general plan.
65912.114. (a)  (1)  If the local go vernment determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development. (2)  If a local go vernment determines that a de velopment submitted pursuant to this article is in conflict with an y of the objecti ve planning standards specified in this article, it shall provide the development proponent written documentation of which standard or standards the de velopment conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:
(A)  Within 60 days of submittal of the development proposal to the local government if the development contains 150 or fewer housing units. (B)  Within 90 days of submittal of the development proposal to the local government if the development contains more than 150 housing units. (b)  If the local government fails to provide the required documentation pursuant to subdivision (a), the development shall be deemed to satisfy the required objective planning standards.
(c)  (1)  For purposes of this section, a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(2)  For purposes of this section, a development is not in conflict with the objective planning standards solely on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the de velopment is consistent with the objective planning standards.
(d)  The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objecti ve planning standards is not a “project” as defined in Section 21065 of the Public Resources Code. (e)  Design review of the de velopment may be conducted by the local government’s planning commission or any equivalent board or commission responsible for re view and appro val of de velopment projects, or the city council or board of supervisors, as appropriate. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined, ministerial re view of projects, as well as an y reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local go vernment, and shall be broadly applicable to de velopments within the jurisdiction. That design review shall be completed as follo ws and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
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(1)  Within 90 days of submittal of the development proposal to the local government pursuant to this section if the de velopment contains 150 or fewer housing units.
(2)  Within 180 days of submittal of the development proposal to the local government pursuant to this section if the development contains more than 150 housing units.
(f)  A development proposed pursuant to this article shall be eligible for a density bonus, incenti ves or concessions, w aivers or reductions of development standards, and parking ratios pursuant to Section 65915. (g)  The local go vernment shall ensure that the project satisfies the requirements specified in subdi vision (d) of Section 66300, re gardless of whether the development is within or not within an affected city or within or not within an affected county.
(h)  If the de velopment is consistent with all objecti ve subdi vision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be e xempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(i)  A local government may exempt a parcel from this section before a development proponent submits a de velopment application on a parcel pursuant to this article if the local go vernment mak es written findings establishing all of the following:
(1)  The local government has identified one or more parcels that meet the criteria described in subdivisions (b) through (f) of Section 65912.111. (2)  (A)  If a parcel identified in paragraph (1) w ould not otherwise be eligible for development pursuant to this chapter, the local government has permitted the parcel to be de veloped pursuant to the requirements of this chapter.
(B)  If a parcel identified in paragraph (1) w ould otherwise be eligible for development pursuant to this chapter, the local government has permitted residential densities abo ve the residential density required in subdi vision (b) of Section 65912.113.
(3)  The development of the parcel or parcels pursuant to paragraph (3) will result in all of the following:
(A)  No net loss of the total potential residential density in the jurisdiction. (B)  No net loss of the potential residential density of housing affordable to lower income households in the jurisdiction.
(C)  Affirmative furthering of fair housing.
(j)  A local go vernment’s appro val of a de velopment pursuant to this section shall, notwithstanding an y other la w, be subject to the e xpiration timeframes specified in subdivision (f) of Section 65913.4. (k)  Any proposed modifications to a de velopment project appro ved pursuant to this section shall be undertak en pursuant to subdivision (g) of Section 65913.4.
(l)  A local go vernment shall not adopt or impose an y requirement, including, b ut not limited to, increased fees or inclusionary housing 90 — 50 — Ch. 647

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requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section.
(m)  A local government shall issue a subsequent permit required for a development appro ved under this section pursuant to paragraph (2) of subdivision (h) of Section 65913.4.
(n)  A public improvement that is necessary to implement a development that is appro ved pursuant to this section shall be undertak en pursuant to paragraph (3) of subdivision (h) of Section 65913.4.
(o)  A local go vernment may adopt an ordinance to implement the provisions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Di vision 13 (commencing with Section 21000) of the Public Resources Code.

Article 3. Mixed-Income Housing Developments Along Commercial Corridors
65912.120. Notwithstanding an y inconsistent pro vision of a local government’s general plan, specific plan, zoning ordinance, or re gulation, a de velopment proponent may submit an application for a housing development that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to Section 65912.124 if the proposed housing development satisfies all of the requirements in Sections 65912.121, 65912.122, and 65912.123.
65912.121. A development project shall not be subject to the streamlined, ministerial re view process pro vided by Section 65912.124 unless the development project is on a site that satisfies all of the following criteria:
(a)  It is located within a zone where office, retail, or parking are principally permitted use.
(b)  It is located on a le gal parcel or parcels that meet either of the following:
(1)  It is within a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2)  It is in an unincorporated area, and the le gal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster , as designated by the United States Census Bureau.
(c)  The project site abuts a commercial corridor and has a frontage along the commercial corridor of a minimum of 50 feet.
(d)  The site is not greater than 20 acres.
(e)  At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. F or purposes of this subdi vision, parcels that are only separated by a street or highw ay shall be considered to be adjoined.
(f)  (1)  It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. 90 Ch. 647 — 51 —

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(2)   For purposes of this subdivision, parcels only separated by a street or highway shall be considered to be adjoined.
(3)  For purposes of this subdivision, “dedicated to industrial use” means any of the following:
(A)  The square footage is currently being used as an industrial use. (B)  The most recently permitted use of the square footage is an industrial use.
(C)  The site was designated for industrial use in the latest v ersion of a local government’s general plan adopted before January 1, 2022. (g)  It satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (h)  The development is not located on a site where any of the following apply:
(1)  The development would require the demolition of the following types of housing:
(A)  Housing that is subject to a recorded co venant, ordinance, or la w that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B)  Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C)  Housing that has been occupied by tenants within the past 10 years, excluding any manager’s units.
(2)  The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submits an application under this article.
(3)  The development would require the demolition of a historic structure that was placed on a national, state, or local historic register. (4)  The property contains one to four dwelling units.
(5)  The property is vacant and zoned for housing but not for multifamily residential use.
(6)  The existing parcel of land or site is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Di vision 2 of the Ci vil Code), the Recreational Vehicle P ark Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part

2.1 (commencing with Section 18200) of Di vision 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (i) For a site within a neighborhood plan area, the site satisfies either of the following conditions:
(1) As of January 1, 2022, there was a neighborhood plan applicable to the site that permitted multifamily housing development on the site. (2) As of January 1, 2024, there was a neighborhood plan applicable to the site that permitted multifamily housing development on the site and all of the following occurred:
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(A)  A notice of preparation for the neighborhood plan was issued before January 1, 2022, pursuant to the requirements of Sections 21080.4 and 21092 of the Public Resources Code.
(B)  The neighborhood plan was adopted on or after January 1, 2022, and before January 1, 2024.
(C)  The environmental review for the neighborhood plan was completed before January 1, 2024.
(j)  For a vacant site, the site satisfies both of the following:
(1)  It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be af fected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the ef fects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code.
(2)  It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179.
65912.122. A development project shall not be subject to the streamlined, ministerial re view process pro vided by Section 65912.124 unless the development project meets all of the following affordability criteria:
(a)  (1)  A rental housing development shall include either of the following:
(A)  Eight percent of the units for v ery low income households and 5 percent of the units for extremely low income households. (B)  Fifteen percent of the units for lower income households. (2)  The development proponent shall agree to, and the local government shall ensure, the continued affordability of all affordable rental units included pursuant to this subdivision for 55 years. Rents shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (b)  (1)  An owner-occupied housing development shall include either of the following:
(A)  Thirty percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households.
(B)  Fifteen percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households.
(2)  The development proponent shall agree to, and the local government shall ensure, the continued af fordability of all af fordable ownership units for a period of 45 years.
(c)  If the local government has a local affordable housing requirement, the housing development project shall comply with all of the following:
(1)  The development project shall include the percentage of af fordable units required by this section or the local requirement, whichever is higher. (2)  The development project shall meet the lo west income targeting in either policy.
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(3)  If the local affordable housing requirement requires greater than 15 percent of the units to be dedicated for lower income households and does not require the inclusion of units affordable to very low and extremely low income households, then the rental housing de velopment shall do both of the following:
(A)  Include 8 percent of the units for v ery low income households and 5 percent of the units for extremely low income households. (B)  Fifteen percent of units affordable to lower income households shall be subtracted from the percentage of units required by the local polic y at the highest required affordability level.
(d)  Affordable units in the de velopment project shall ha ve the same bedroom and bathroom count ratio as the mark et rate units, be equitably distributed within the project, and ha ve the same type or quality of appliances, fixtures, and finishes.
65912.123. A development project shall not be subject to the streamlined, ministerial re view process pro vided by Section 65912.124 unless the development project meets all of the follo wing objecti ve de velopment standards:
(a)  The development shall be a multifamily housing development project. (b)  The residential density for the de velopment shall be determined as follows:
(1)  In a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, the residential density for the development shall meet or exceed the greater of the following:
(A)  The residential density allowed on the parcel by the local government. (B)  For sites of less than one acre in size, 30 units per acre. (C)  For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 40 units per acre. (D)  For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 60 units per acre. (E)  Notwithstanding subparagraph (B), (C), or (D), for sites within one-half mile of a major transit stop, 80 units per acre. (2)  In a jurisdiction that is not a metropolitan jurisdiction, as determined pursuant to subdi visions (d) and (e) of Section 65583.2, the residential density for the development shall meet or exceed the greater of the following:
(A)  The residential density allowed on the parcel by the local government. (B)  For sites of less than one acre in size, 20 units per acre. (C)  For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 30 units per acre. (D)  For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 50 units per acre. (E)  Notwithstanding subparagraph (B), (C), or (D), for sites within one-half mile of a major transit stop, 70 units per acre. (c)  The height limit applicable to the housing de velopment shall be the greater of the following:
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(2)  For sites on a commercial corridor of less than 100 feet in width, 35 feet.
(3)  For sites on a commercial corridor of 100 feet in width or greater, 45 feet.
(4)  Notwithstanding paragraphs (2) and (3), 65 feet for sites that meet all of the following criteria:
(A)  They are within one-half mile of a major transit stop. (B)  They are within a city with a population of greater than 100,000. (C)  They are not within a coastal zone, as defined in Di vision 20 (commencing with Section 30000) of the Public Resources Code. (d)  The property meets the following setback standards:
(1)  For the portion of the property that fronts a commercial corridor, the following shall occur:
(A)  No setbacks shall be required.
(B)  All parking must be set back at least 25 feet.
(C)  On the ground floor, a building or buildings must abut within 10 feet of the property line for at least 80 percent of the frontage. (2)  For the portion of the property that fronts a side street, a building or buildings must abut within 10 feet of the property line for at least 60 percent of the frontage.
(3)  For the portion of the property that abuts an adjoining property that also abuts the same commercial corridor as the property , no setbacks are required unless the adjoining property contains a residential use that w as constructed prior to the enactment of this chapter , in which case the requirements of subparagraph (A) of paragraph (4) apply. (4)  For the portion of the property line that does not ab ut a commercial corridor, a side street, or an adjoining property that also ab uts the same commercial corridor as the property, the following shall occur:
(A)  Along property lines that abut a property that contains a residential use, the following shall occur:
(i)  The ground floor of the de velopment project shall be set back at 10 feet. The amount required to be set back may be decreased by the local government.
(ii)  Starting with the second floor of the property, each subsequent floor of the de velopment project shall be stepped back in an amount equal to seven feet multiplied by the floor number. For purposes of this paragraph, the ground floor counts as the first floor. The amount required to be stepped back may be decreased by the local government.
(B)  Along property lines that ab ut a property that does not contain a residential use, the de velopment shall be set back 15 feet. The amount required to be stepped back may be decreased by the local government. (e)  No parking shall be required, except that this article shall not reduce, eliminate, or preclude the enforcement of an y requirement imposed on a new multifamily residential or nonresidential development to provide bicycle parking, electric v ehicle supply equipment installed parking spaces, or parking spaces that are accessible to persons with disabilities that w ould have otherwise applied to the development if this article did not apply. 90 Ch. 647 — 55 —

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(f)  (1)  The de velopment proponent shall complete a phase I environmental assessment, as defined in Section 25319.1 of the Health and Safety Code.
(2)  If a recognized en vironmental condition is found, the de velopment proponent shall undertake a preliminary endangerment assessment, as defined in Section 25319.5 of the Health and Safety Code, prepared by an environmental assessor to determine the e xistence of an y release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.
(A)  If a release of a hazardous substance is found to exist on the site, the release shall be remo ved, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements.
(B)  If a potential for e xposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitig ated to a le vel of insignificance in compliance with current state and federal requirements.
(g)  None of the housing on the site is located within 500 feet of a freeway, as defined in Section 332 of the Vehicle Code.
(h)  None of the housing on the site is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
(i)  (1)  The development proponent shall pro vide written notice of the pending application to each commercial tenant on the parcel when the application is submitted.
(2)  The development proponent shall pro vide relocation assistance to each eligible commercial tenant located on the site as follows:
(A)  For a commercial tenant operating on the site for at least one year but less than five years, the relocation assistance shall be equivalent to six months’ rent.
(B)  For a commercial tenant operating on the site for at least 5 years but less than 10 years, the relocation assistance shall be equi valent to nine months’ rent.
(C)  For a commercial tenant operating on the site for at least 10 years but less than 15 years, the relocation assistance shall be equi valent to 12 months’ rent.
(D)  For a commercial tenant operating on the site for at least 15 years but less than 20 years, the relocation assistance shall be equi valent to 15 months’ rent.
(E)  For a commercial tenant operating on the site for at least 20 years, the relocation assistance shall be equivalent to 18 months’ rent. (3)  The relocation assistance shall be provided to an eligible commercial tenant upon expiration of the lease of that commercial tenant. (4)  For purposes of this subdivision, a commercial tenant is eligible for relocation assistance if the commercial tenant meets all of the follo wing criteria:
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(A)  The commercial tenant is an independently o wned and operated business with its principal office located in the county in which the property on the site that is leased by the commercial tenant is located. (B)  The commercial tenant’s lease expired and was not renewed by the property owner.
(C)  The commercial tenant’ s lease e xpired within the three years following the development proponent’s submission of the application for a housing development pursuant to this article.
(D)  The commercial tenant employs 20 or fewer employees and has an annual average gross receipts under one million dollars ($1,000,000) for the three taxable year period ending with the taxable year that precedes the expiration of their lease.
(E)  The commercial tenant is still in operation on the site at the time of the expiration of its lease.
(5)  Notwithstanding paragraph (4), for purposes of this subdi vision, a commercial tenant is ineligible for relocation assistance if the commercial tenant meets both of the following criteria:
(A)  The commercial tenant entered into a lease on the site after the development proponent’ s submission of the application for a housing development pursuant to this article.
(B)  The commercial tenant had not pre viously entered into a lease on the site.
(6)  (A)  The commercial tenant shall utilize the funds pro vided by the development proponent to relocate the b usiness or for costs of a ne w business.
(B)  Notwithstanding paragraph (2), if the commercial tenant elects not to use the funds provided as required by subparagraph (A), the development proponent shall pro vide only assistance equal to three months’ rent, regardless of the duration of the commercial tenant’s lease. (7)  For purposes of this subdivision, monthly rent is equal to one-twelfth of the total amount of rent paid by the commercial tenant in the last 12 months.
(j)  Other objecti ve zoning standards, objecti ve subdi vision standards, and objective design review standards as follows:
(1)   The applicable objective standards shall be those for the closest zone in the city, county, or city and county that allo ws multifamily residential use at the residential density determined pursuant to subdi vision (b). If no zone e xists that allo ws the residential density determined pursuant to subdivision (b), the applicable objecti ve standards shall be those for the zone that allo ws the greatest density within the city , county, or city and county.
(2)  The applicable objective standards shall be those in effect at the time that the de velopment application is submitted to the local go vernment pursuant to this article.
(3)  The applicable objective standards may include a requirement that up to one-half of the ground floor of the housing de velopment project be dedicated to retail use.
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(4)  For purposes of this section, “objective zoning standards,” “objective subdivision standards, ” and “objecti ve design re view standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly v erifiable by reference to an e xternal and uniform benchmark or criterion a vailable and kno wable by both the de velopment applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. In the e vent that objecti ve zoning, general plan, subdivision, or design re view standards are mutually inconsistent, a development shall be deemed consistent with the objecti ve zoning and subdivision standards pursuant to this subdi vision if the de velopment is consistent with the standards set forth in the general plan. 65912.124. (a)  (1)  If the local go vernment determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development. (2)  If a local go vernment determines that a de velopment submitted pursuant to this article is in conflict with an y of the objecti ve planning standards specified in this article, it shall provide the development proponent written documentation of which standard or standards the de velopment conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:
(A)  Within 60 days of submittal of the development proposal to the local government if the development contains 150 or fewer housing units. (B)  Within 90 days of submittal of the development proposal to the local government if the development contains more than 150 housing units. (b)  If the local government fails to provide the required documentation pursuant to subdivision (a), the development shall be deemed to satisfy the required objective planning standards.
(c)  (1)  For purposes of this section, a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(2)  For purposes of this section, a development is not in conflict with the objective planning standards solely on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the de velopment is consistent with the objective planning standards.
(d)  The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objecti ve planning standards is not a “project” as defined in Section 21065 of the Public Resources Code. (e)  Design review of the de velopment may be conducted by the local government’s planning commission or any equivalent board or commission responsible for re view and appro val of de velopment projects, or the city council or board of supervisors, as appropriate. That design review shall be objective and be strictly focused on assessing compliance with criteria 90 — 58 — Ch. 647

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required for streamlined, ministerial re view of projects, as well as an y reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local go vernment, and shall be broadly applicable to de velopments within the jurisdiction. That design review shall be completed as follo ws and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)  Within 90 days of submittal of the development proposal to the local government pursuant to this section if the de velopment contains 150 or fewer housing units.
(2)  Within 180 days of submittal of the development proposal to the local government pursuant to this section if the development contains more than 150 housing units.
(f)  A housing de velopment proposed pursuant to this article shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915, except that the project shall not use a concession to reduce a local government requirement for the pro vision of ground floor retail that is consistent with the allowance contained in paragraph (3) of subdivision (j) of Section 65912.123.
(g)  The local go vernment shall ensure that the project satisfies the requirements specified in subdi vision (d) of Section 66300, re gardless of whether the development is within or not within an affected city or within or not within an affected county.
(h)  If the de velopment is consistent with all objecti ve subdi vision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be e xempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(i)  A local government may exempt a parcel from this section before a development proponent submits a de velopment application on a parcel pursuant to this article if the local go vernment mak es written findings establishing all of the following:
(1)  The local government has identified a parcel or parcels that meet the criteria described in subdi visions (b) and (e) to (h), inclusi ve, of Section 65912.121.
(2)  (A)  If a parcel identified in paragraph (1) w ould not otherwise be eligible for development pursuant to this chapter, the local government has permitted the parcel to be de veloped pursuant to the requirements of this chapter.
(B)  If a parcel identified in paragraph (1) w ould otherwise be eligible for development pursuant to this chapter, the local government has permitted residential densities abo ve the residential density required in subdi vision (b) of Section 65912.123 and heights required in subdivision (c) of Section 65912.123.
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(3)  The development of the parcel or parcels pursuant to paragraph (3) will result in all of the following:
(A)  No net loss of the total potential residential density in the jurisdiction. (B)  No net loss of the potential residential density of housing affordable to lower income households in the jurisdiction.
(C)  Affirmative furthering of fair housing.
(j)  A local go vernment’s appro val of a de velopment pursuant to this section shall, notwithstanding an y other la w, be subject to the e xpiration timeframes specified in subdivision (f) of Section 65913.4. (k)  Any proposed modifications to a de velopment project appro ved pursuant to this section shall be undertak en pursuant to subdivision (g) of Section 65913.4.
(l)  A local go vernment shall not adopt or impose an y requirement, including, b ut not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section.
(m)  A local government shall issue a subsequent permit required for a development appro ved under this section pursuant to paragraph (2) of subdivision (h) of Section 65913.4.
(n)  A public improvement that is necessary to implement a development that is appro ved pursuant to this section shall be undertak en pursuant to paragraph (3) of subdivision (h) of Section 65913.4.
(o)  A local go vernment may adopt an ordinance to implement the provisions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Di vision 13 (commencing with Section 21000) of the Public Resources Code.

Article 4. Labor Standards
65912.130. A de velopment project appro ved by a local go vernment pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall meet all of the following labor standards:
(a) The de velopment proponent shall require in contracts with construction contractors, and shall certify to the local government, that the standards specified in this section will be met in project construction. (b) A development that is not in its entirety a public w ork for purposes of Chapter 1 (commencing with Section 1720) of P art 7 of Di vision 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
(1) All construction w orkers emplo yed in the e xecution of the development shall be paid at least the general pre vailing rate of per diem wages for the type of w ork and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of 90 — 60 — Ch. 647

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the Labor Code, e xcept that apprentices re gistered in programs appro ved by the Chief of the Di vision of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(2)  The development proponent shall ensure that the pre vailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work. (3)  All contractors and subcontractors for those portions of the development that are not a public w ork shall comply with both of the following:
(A)  Pay to all construction w orkers employed in the e xecution of the work at least the general pre vailing rate of per diem w ages, except that apprentices registered in programs appro ved by the Chief of the Di vision of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(B)  Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and mak e those records a vailable for inspection and cop ying as pro vided in that section. This subparagraph does not apply if all contractors and subcontractors performing w ork on the de velopment are subject to a project labor agreement that requires the payment of prevailing wages to all construction w orkers emplo yed in the e xecution of the development and pro vides for enforcement of that oblig ation through an arbitration procedure. F or purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(c)  (1)  The oblig ation of the contractors and subcontractors to pay prevailing wages pursuant to this section may be enforced by an y of the following:
(A)  The Labor Commissioner through the issuance of a ci vil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development.
(B)  An underpaid w orker through an administrati ve complaint or ci vil action.
(C)  A joint labor -management committee through a ci vil action under Section 1771.2 of the Labor Code.
(2)  If a ci vil w age and penalty assessment is issued pursuant to this section, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of w ages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (3)  This subdivision does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of pre vailing wages to all construction w orkers employed in the execution of the development and provides for enforcement of that oblig ation through an arbitration procedure. F or purposes of this subdivision, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
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(d)  Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that emplo yer payments not reduce the oblig ation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker. (e)  The requirement of this section to pay at least the general prevailing rate of per diem w ages does not preclude use of an alternati ve workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. 65912.131. In addition to the requirements of Section 65912.130, a development of 50 or more housing units approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall meet all of the following labor standards:
(a)  The de velopment proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in subdivisions (b) and (c). A construction contractor is deemed in compliance with subdivisions (b) and (c) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.
(b)  A contractor with construction craft employees shall either participate in an apprenticeship program approved by the State of California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this subdivision. (c)  Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Co vered California Platinum level plan for two 40-year-old adults and two dependents 0 to 14 years of age for the Co vered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this subdivision. Qualifying expenditures shall be credited to ward compliance with prevailing wage payment requirements set forth in Section 65912.130. (d)  (1)  The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with subdivisions (b) and (c). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be open to public inspection.
(2)  A development proponent that f ails to pro vide the monthly report shall be subject to a ci vil penalty for each month for which the report has not been pro vided, in the amount of 10 percent of the dollar v alue of construction work performed by that contractor on the development in the 90 — 62 — Ch. 647

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month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with subdivision (b) or (c) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of subdivision (b) or (c). (3) Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be re viewed pursuant to Section 1742 of the Labor Code.

Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code. (e) Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits.

Upon request by a joint labor -management cooperation committee established pursuant to the Federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be pro vided pursuant to subdivision (e) of Section 1776 of the Labor Code.
(f) All construction contractors shall report any change in apprenticeship program participation or health care e xpenditures to the local government within 10 b usiness days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Di vision 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. (g) A joint labor-management cooperation committee established pursuant to the Federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care e xpenditures pursuant to subdi vision (c) in accordance with Section 218.7 or 218.8 of the Labor Code.

Article 5. Severability
65912.140. The pro visions of subdi vision (c) of Section 65912.131 concerning health care e xpenditure are distinct and se verable from the remaining provisions of this chapter. However, Article 4 (commencing with Section 65912.130) is a material and integral part of this chapter and is not severable. If an y pro vision of Article 4 (commencing with Section 65912.130) or its application, exclusive of those included in subdivision (c) of Section 65912.131, is held in valid, this entire chapter shall be null and void.

SEC. 4. (a) Section 1.1 of this bill incorporates amendments to Section 65400 of the Go vernment Code proposed by both this bill and Assembly Bill 1743. That section of this bill shall only become operati ve if (1) both bills are enacted and become ef fective on or before January 1, 2023, (2) 90 Ch. 647 — 63 —

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each bill amends Section 65400 of the Go vernment Code, (3) this bill is enacted after Assembly Bill 1743, and (4) neither Assembly Bill 2094, or Assembly Bill 2653 are enacted or as enacted do not amend that section, in which case Sections 1, 1.2, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(b) Section 1.2 of this bill incorporates amendments to Section 65400 of the Government Code proposed by both this bill and Assembly Bill 2094.

That section of this bill shall only become operati ve if (1) both bills are enacted and become ef fective on or before January 1, 2023, (2) each bill amends Section 65400 of the Government Code, (3) this bill is enacted after Assembly Bill 2653, and (4) neither Assembly Bill 1743 or Assembly Bill 2094 are enacted or as enacted do not amend that section, in which case Sections 1, 1.1, 1.2, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(d)  Section 1.4 of this bill incorporates amendments to Section 65400 of the Go vernment Code proposed by this bill, Assembly Bill 1743, and Assembly Bill 2094. That section of this bill shall only become operati ve if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Go vernment Code, (3) this bill is enacted after both Assembly Bill 1743 and Assembly Bill 2094, and (4) Assembly Bill 2653 is not enacted or as enacted does not amend that section, in which case Sections 1, 1.1, 1.2, 1.3, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(e)  Section 1.5 of this bill incorporates amendments to Section 65400 of the Go vernment Code proposed by this bill, Assembly Bill 2094, and Assembly Bill 2653. That section of this bill shall only become operati ve if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Go vernment Code, (3) this bill is enacted after both Assembly Bill 2094 and Assembly Bill 2653, and (4) Assembly Bill 1743 is not enacted or as enacted does not amend that section, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.6, and 1.7 of this bill shall not become operative.
(f)  Section 1.6 of this bill incorporates amendments to Section 65400 of the Go vernment Code proposed by this bill, Assembly Bill 1743 and Assembly Bill 2653. That section of this bill shall only become operati ve if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Go vernment Code, (3) this bill is enacted after both Assembly Bill 1743 and Assembly Bill 2653, 90 — 64 — Ch. 647

Packet Page. 183

and (4) Assembly Bill 2094 is not enacted or as enacted does not amend that section, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.7 of this bill shall not become operative.
(g) Section 1.7 of this bill incorporates amendments to Section 65400 of the Government Code proposed by this bill, Assembly Bill 1743, Assembly Bill 2094, and Assembly Bill 2653. That section of this bill shall only become operative if (1) all four bills are enacted and become ef fective on or before January 1, 2023, (2) each bill amends Section 65400 of the Government Code, and (3) this bill is enacted after each of Assembly Bill 1743, Assembly 2094, and Assembly Bill 2653, in which case Sections 1,

1.1, 1.2, 1.3, 1.4, 1.5, and 1.6 of this bill shall not become operative.

SEC. 5. (a) Section 2.1 of this bill incorporates amendments to Section 65585 of the Go vernment Code proposed by both this bill and Assembly Bill 2097. That section of this bill shall only become operati ve if (1) both bills are enacted and become ef fective on or before January 1, 2023, (2) each bill amends Section 65585 of the Go vernment Code, (3) Assembly Bill 2653 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2097, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b) Section 2.2 of this bill incorporates amendments to Section 65585 of the Government Code proposed by both this bill and Assembly Bill 2653.

That section of this bill shall only become operati ve if (1) both bills are enacted and become ef fective on or before January 1, 2023, (2) each bill amends Section 65585 of the Go vernment Code, (3) Assembly Bill 2097 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2653 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c) Section 2.3 of this bill incorporates amendments to Section 65585 of the Go vernment Code proposed by this bill, Assembly Bill 2097, and Assembly Bill 2653. That section of this bill shall only become operati ve if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) all three bills amend Section 65585 of the Go vernment Code, and (3) this bill is enacted after Assembly Bill 2097 and Assembly Bill 2653, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.

SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agenc y or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or le vel of service mandated by this act, or because costs that may be incurred by a local agenc y or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Go vernment Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies 90 Ch. 647 — 65 —

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and school districts for those costs shall be made pursuant to P art 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 7. This act shall become operative July 1, 2023.

O
90 — 66 — Ch. 647

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For more information, please contact Scott Carper at [email protected], or visit www.calcha.org CalCHA’s Essential Housing Program
P
roviding sustainable housing opportunities for California’s essential middle-income workforce C
alifornia’s essential workforce (nurses, teachers, first responders and civil servants, among others) generally earns in excess of traditional affordable housing income limits yet not enough to sustainably reside within the communities they serve. The res ulting dislocation and “drive until you qualify” commuting patterns result in traffic, congestion, pollution, social isolation, academic underperformance and negative health outcomes.

T
he California Community Housing Agency (CalCHA) was formed in 2019 to squarely address this growing crisis. As the State’s first public agency focused exclusively on the production, preservation and protection of middle-income housing, our Essential Housing model has already created >4,000 affordable rent-restricted rental units throughout the State and has spurred the creation of additional State agencies hoping to leverage similar models to further California’s middle-income housing needs.

Program Mechanics
• Cities, counties and housing authorities become members of CalCHA • CalCHA seeks Essential Housing opportunities within member municipalities • CalCHA issues governmental revenue bonds and uses proceeds to construct or acquire properties • CalCHA assets are rent restricted to low-income and moderate-income households • CalCHA assets become exempt from property taxation
• CalCHA grants all financial upside to the underlying member jurisdiction at its direction Public Benefit Creation
In addition to being granted the financial upside of its assets, CalCHA members benefit from the immediate production of essential middle-income housing. Other programs benefits include:
• Non-displacement of existing tenants
• Up to 4% cap on annual rent increases
• No investment, cost or liability created for member jurisdictions • No use of tax credits, private activity bonds or other scarce affordable housing subsidies/resources Municipality Participation
Participation in CalCHA’s Essential Housing Program begins with the adoption of a single resolution granting:
• CalCHA Membership (no cost, no liability)
• Authorizing CalCHA to issue bonds locally (no cost, no liability) • Granting of financial upside (project-specific Public Benefit Agreements) California Community Housing Agency
CalCHA is a California joint powers authority and political subdivision of the State, specifically founded to provide, preserve and protect middle-income affordable housing projects throughout California. CalCHA’s program administrators maintain more than 30 years of related experience in bond issuance for affordable housing.

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PRIVATE COURTYARD

FIRE LANE

FIRE LANE
LOBBY
BOH
LOBBY

KING STREET
E. 2ND STREET
AMNTY

RESIDENTIAL UNITS

RESIDENTIAL UNITS
N. MOUNTAIN VIEW AVENUE
N. ARROWHEAD AVENUE

COMMERCIAL/GUEST/ADA PARKING
MARKET

UTILITY
YARD

SECURE RESIDENT PARKING
83 TOTAL

FIRE LANE DROP-OFF
07 09
03 30
16 16
02 13
20 211 W. 2ND ST.

CONCEPT SKETCH

FIRE LANE

FIRE LANE
SBH - Concept Site Plan

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Workforce Housing Project
211 West 2nd St, San Bernardino, CA
Vicinity Key Employers Distance to Site
Distance Number of
To Project Employee

5.7 miles 2,100
1 mile 15

3.9 miles 3,625

3.9 miles 17,595

3.65 miles 2,587

4.1 miles

3.8 miles

2.36 miles 1,548

2.7 miles 1,136

1.45 miles

1.68 miles 1,260
.35 miles 100
.8 miles 425
.67 miles 100
.8 miles 100
120 feet
730 feet 600
.4 - 1 mile
.38 mi
les
.82 miles 2,600
.72 miles 600

1.7 miles 220
45,070 PLUS
Name
Ca
l State University San Bernardino
Cal State University Reentry Initiative
Loma Linda University
Loma Linda University Medical Center
Loma Linda University School of Public Health
Jerry L Pettis Memorial Veterans Hospital
Arrowhead Regional Medical Center
Dignity Health St Bernardine Medical Center
Dignity Health Community Hospital
San Bernardino Valley College
Stater Bros Grocery Store Admin & Distribution Center
Frank Dominguez Elementary School
City of San Bernardino Unified School Dist Admin Office Norton El
ementary School
Junita Jones Elementary School
San Bernardino County Superior Court House
San Bernardino County District Attorney Office
City Hall, SBPD and Workforce Development Offices
CALTRANS District 8 Office
San Bernardino County Sheriff’s and Coroner’s Office and Jail City of San Bernardino Police Department
San Bernardino County Fire
Protection Dist Admin Office
Totals
Omni Trans & Metrolink Transportation Center 1,575 feet 2,510
4,000
1,036
1,302
105
1,506

Packet Page. 188

Live local,
Find a community where well-curated one, two, and
three-bedroom apartments in Santa Rosa, CA, blend with
luxe amenities designed to complement your Sonoma
County lifestyle. Adjacent to a 2.5-acre park and minutes from the area’s most exceptional wine, food, and culture, Annadel’s pet-friendly apartments in Santa Rosa offer
the best location nearby Rohnert Park, Petaluma, Novato, and more for your lifestyle.

Arrive home, you’ll enjoy unrivaled amenities - such as our wine bar, game room with billiards table, state-of-the-art fitness center complete with Peloton bikes, and brand
new saltwater pool and spa.

Luxury living in
Santa Rosa, CA
ANNADELAPTS.COM • (888) 281-7934 • 1020 Jennings Ave, Santa Rosa, CA 95401 without sacrifice.

Packet Page. 189

COMMUNITY
amenities
Not to mention...
• Coff
ee Bar with Espresso Machine
• W
ell-Equipped Business Center
• Multiple Barbecue Areas
• 2.5 A
cre Park
• Dog P
ark
• Community Gar
den
• Wine bar & wine lock ers
• Indoor & out
door fireside lounges
• Clubhouse with billiar
ds & TVs
• P
eloton-equipped fitness center
• Saltw
ater lap pool & spa
• Boc
ce Ball Court
• P
et-friendly
• Shar ed Community Cruiser Bikes
•
Close t
o Downtown Santa Rosa
• Eas
y Access to The 101
• Pr
ofessionally Managed Onsite
• Online R
ent Payments
• Online Maint
enance Requests
• Fle
xible Rent Payments via Flex
(707) 207-4649
Only minutes from retail and
shopping opportunities such as
Whole Foods, Starbucks, Fogbelt
Brewery, Sea Noodle Bistro, we’ve
got you covered when it comes to
convenience.

Broker License No.
00516670

Packet Page. 190

APARTMENT
amenities
Not to mention...
• Gourmet Kit
chens
• Designer Espr
esso Cabinets
• Upsc
ale Plank Flooring
• Quar
tz Countertops
• M
icrowave
• Disposal
• Dish
washer
• Smar
t Home Locks
• 1, 2, & 3-bedr oom floor plans
• Air c
onditioning & central heat
• Ener
gy-efficient stainless steel appliances
• V
aulted ceilings & hardwood floors
• Abundant parking f
or residents & guests
• Smar
t locks & thermostats
• P
ersonal balcony or patio
• In-unit full-load w
ashers & dryers
• Lar
ge windows with natural light
• Int ernet Access: High-Speed
•
Cable -eady
• Ample St
orage
• Carpor
t and Reserved Parking Spots*
• A
ttached & Detached Garages*
*select units
(707) 207-4649
With ample parking for residents
and guests alike, including
attached and detached garages
with select units, your next dinner
party will be epic.

Packet Page. 191

Essential Housing Program

CORE TENETS
• R
ental rates that align with the area’s
median income instead of leading rates in
the market.
• Bi-monthly r
ent payment schedules
through our Flex partnership.
• P
artnerships focused on supporting local
business and giving back to the community.

Live local without compromise.

We believe in a world where you can thrive within
the community you choose to call home.

That’s why we launched the Essential Housing Program:
comprehensive rental housing platform that aligns rental rates with an area’s average median income instead of its leading market rates. Through this program, we’re able
to offer middle-income earners rental rates that better align with their lifestyle.

THE GOAL is to create more opportunities to live locally, and in turn, create healthier, more vibrant, and more sustainable communities.

What makes
an Essential
Housing
community?
Rental Rates That Make Sense
More disposable income in your pocket means more chances for you to say “yes” to the things that matter most. By using the average median income of surrounding neighborhoods to define our rental rates, we better align cost-of-living with lifestyle.

More Local Living Options
Rising housing costs are pricing Californians out of living near where they work.

The ripple effects of long commutes impact everything from increased carbon emissions to deteriorating health, racial inequality, and homelessness. We strive to offer local living options at a price that helps our residents, and our earth, thrive.

Our Partnerships
We’re partnering with companies that concentrate on the good stuff, like creating a healthier environment, supporting local and giving back to the community.

Innovation & Improvements
We’re dedicated to infusing innovation and investment into our community to ensure that our residents take pride in where they live, and our team takes pride in where they work.

CATAL YSTHOUSING.COM

Packet Page. 192

Policies & FAQ
Policies
Pets: We welcome two pets per apartment home. Cats, dogs, and caged birds are welcome, while poisonous and exotic animals are excluded. There is no weight restriction, but breed restrictions apply. Fees include a $500 deposit per pet with a monthly pet fee of $50 per pet. Breed Restrictions: Akitas, American Bull Dog, Chowchows, Dobermans, German Shepherds, Great Danes, Malamutes, Pit Bulls, Presa Canario, Rottweilers, St. Bernard, and Staffordshire Terriers, Husky. Any hybrid or mixed breed of one of the aforementioned breeds. We reserve the right to restrict breeds. Pets may be viewed by Management prior to approval. We reserve the right to decline or revoke permission for any pet that causes disturbances or is a safety threat. A current (within 30 days) good health certificate from a veterinarian is required.

Smoking: We are a smoke-free community.

Renter’s Insurance: We require residents to carry a minimum of $100,000 in Personal Liability Insurance coverage through the provider of your choice, or our preferred provider ResidentInsure.

Income Requirements: Applicants must collectively have verifiable income not less than 2 times the rental rate.

Section 8: We are an Essential Housing communi
ty; our rental rates align with the area’s average median income instead of the leading rates in the market. It allows us to offer rental rates that better align with the actual income levels of our residents, including those that make too much to qualify for low-income and affordable housing programs. Visit our Essential Housing page online or reach out to our leasing team to understand what that means for your rental rate.

Utility Policy: All utilities are paid separately from rent.

Application Instructions: All applications must be completed online through our community website. Please select Apply on our community homepage to begin, and make note of the non-refundable application fee associated with completing your application.

Parking: We offer assigned parking spaces within our parking structure. Some units have attached and detached garages available for an additional fee.T here is also parking for guests.

Background Checks: A credit report and criminal background check will be required for each applicant.

FAQ
Qualifying for the Essential Housing Program: Please refer to the ‘What’s My Rent Chart’ on our website for information on whether you qualify.

Furnished & Corporate Units: Currently not offered.

Office Hours: Current hours of operation can be viewed online.

Schools:

Elementary
Middle School
High School
Helen M. Lehman
Hilliar
d Comstock
Santa R
osa High
Santa R
osa Charter School for the Arts
R
edwood Consortium
CATAL YSTHOUSING.COM

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2 7
8 7

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 2, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Jeannie Fortune, Interim Director of Finance and Management Services
Department: Finance and Management Services
Subject: Adopt Resolutions Updating the Bank and Investment Account Signature Authority (All Wards)
Recommendation:

Executive Summary
With the recent organizational changes in the City’s personnel and organizational structure, it is necessary to update the signature authority on all City and Successor Agency bank and investment accounts.

Background
The City and Successor Agency must update bank and investment account signature authorizations on file with the various financial institutions that hold City and Successor Agency funds as personnel and organizational changes occur.

Discussion
Most banking institutions require approval from the organizations’ governing body through the adoption of a resolution and/or minutes from the meeting showing adoption and approval.

The City and Successor Agency have cash, investments, and other funds required to be held by fiscal agents in the following institutions:

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2 7
8 7

1. Wells Fargo Bank, City;

2. Wells Fargo Bank, Successor Agency;

3. U.S. Bank, City;

4. U.S. Bank, Successor Agency;

5. BNY (Bank of New York) Mellon, City;

6. BNY (Bank of New York) Mellon, Successor Agency;

7. Citizens Business Bank, Successor Agency; and

8. Local Agency Investment Fund (LAIF), City - this program offers local agencies to participate in a major portfolio through the State Treasurer’s Office.

10. Computershare Trust Company, City
Resolutions (#s 1 through 8 and 10) have been prepared for the various banking and investment accounts to implement the changes in signature authority.

Following approval by the Mayor and City Council of the City of San Bernardino, California, and approval by the Mayor and City Council acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino, staff will forward all appropriate resolutions to each affected banking institution.

9. Authorized Brokers or Dealers for the City and Successor Agency In addition, as stated in the City’s current Investment Policy, the Director of Finance is charged with responsibility of carrying out all investment actions, which may include day-to-day investment activities or the utilization of external investment advisor services to assist with the investment program.

As such, in April-2021 the City authorized the services of the following broker/dealers to aid in day-to-day investment activities. Resolution (#9) has been prepared to authorize City designated personnel to carry out investment activities through the use of the following broker/dealers:
i. Cantor Fitzgerald;
ii. Higgins Capital Management;
iii. Raymond James; and
iv. Stifel.

2021-2025 Strategic Targets and Goals
Approval of the aforementioned resolutions align with Key Goal No. 1: Improved Operational and Financial Capacity by ensuring that the financial and administrative requirements to continue day-to-day operations in the Finance and management Services Department are completed and kept up to date.

Fiscal Impact
There is no fiscal impact associated with adopting the attached Resolutions.

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2 7
8 7
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino, adopt the attached Resolutions updating the City’s and Successor Agency’s bank and investment account signature authority.

Attachments
Attachment 1 – Resolution No. 2025-311 Wells Fargo Bank, City Attachment 2 – Resolution No. 2025-312 Wells Fargo Bank, Successor Agency Attachment 3 – Resolution No. 2025-313 U.S. Bank, City
Attachment 4 – Resolution No. 2025-314 U.S. Bank, Successor Agency Attachment 5 – Resolution No. 2025-315 BNY (Bank of New York) Mellon, City Attachment 6 – Resolution No. 2025-316 BNY (Bank of New York) Mellon, Successor Agency
Attachment 7 – Resolution No. 2025-317 Citizens Business Bank, Successor Agency
Attachment 8 – Resolution No. 2025-318 Local Agency Investment Fund (LAIF), City
Attachment 9 – Resolution No. 2025-319 Authorized Brokers or Dealers for the City and Successor Agency
Attachment 10 – Resolution No. 2025-320 Computershare Trust Company, City Ward:

All Wards
Synopsis of Previous Council Actions:
02-19-2025 City Council approved Bank signatories of existing personnel at the time.
01-15-2025 City Council approved Bank signatories for Computershare Debt Trustee Services.
06-05-2024 City Council approved Bank signatories of existing personnel at the time.
05-01-2024 City Council approved Bank signatories of existing personnel at the time.
11-01-2023 City Council approved Bank signatories of existing personnel at the time.

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Resolution No. 2025-311
Resolution 2025-311
July 2, 2025

Page 1 of 3 ends

Mayor and City CouncilJuly 2, 2025

Mayor and City Council
July 2, 2025