Engineer's Report
Packet Page. 381
CC30 SP91 - AD 1029
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0269-371-43 $188.66 0269-371-44 $188.66 0269-371-45 $188.66 0269-371-46 $188.66 0269-371-47 $188.66 0269-371-48 $188.66 0269-371-49 $188.66 0269-371-50 $188.66 0269-371-51 $188.66 0269-371-52 $188.66 0269-371-53 $188.66 0269-371-54 $188.66 0269-371-55 $188.66 0269-371-56 $188.66 0269-371-57 $188.66 0269-371-58 $188.66 0269-371-59 $188.66 0269-371-60 $188.66 0269-371-61 $188.66 0269-371-62 $188.66 0269-371-63 $188.66 0269-371-64 $188.66 0269-371-65 $188.66 0269-371-66 $188.66 0269-371-67 $188.66 0269-371-68 $188.66 0269-371-69 $188.66 0269-371-70 $188.66 0269-371-71 $188.66 0269-371-72 $188.66 0269-371-73 $188.66 0269-371-74 $188.66 0269-371-75 $188.66 0269-371-76 $188.66 0269-371-77 $188.66 0269-371-78 $188.66 0269-371-79 $188.66 0269-371-80 $188.66
Totals Parcels 38 Levy $7,169.08
Assessment Roll
Engineer's Report
Packet Page. 382
CC30 SP93 - AD 1030
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-611-01 $173.62 0261-611-02 $173.62 0261-611-03 $173.62 0261-611-04 $173.62 0261-611-05 $173.62 0261-611-06 $173.62 0261-611-07 $173.62 0261-611-08 $173.62 0261-611-09 $173.62 0261-611-10 $173.62 0261-611-11 $173.62 0261-611-12 $173.62 0261-611-13 $173.62 0261-611-14 $173.62 0261-611-15 $173.62 0261-611-16 $173.62 0261-611-17 $173.62 0261-611-18 $173.62 0261-611-19 $173.62 0261-611-20 $173.62 0261-611-21 $173.62 0261-611-22 $173.62 0261-611-23 $173.62 0261-611-24 $173.62 0261-611-25 $173.62 0261-611-26 $173.62 0261-611-27 $173.62 0261-611-28 $173.62 0261-611-29 $173.62 0261-611-30 $173.62 0261-611-31 $173.62 0261-611-32 $173.62 0261-611-33 $173.62 0261-611-34 $173.62 0261-611-35 $173.62 0261-611-36 $173.62 0261-611-37 $173.62 0261-611-38 $173.62 0261-611-39 $173.62 0261-611-40 $173.62 0261-611-41 $173.62 0261-611-42 $173.62 0261-611-43 $173.62 0261-611-44 $173.62 0261-611-45 $173.62 0261-611-46 $173.62 0261-611-47 $173.62
Totals Parcels 47 Levy $8,160.14
Assessment Roll
Engineer's Report
Packet Page. 383
CC30 SP92 - AD 1031
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-591-01 $267.82 0261-591-02 $267.82 0261-591-03 $267.82 0261-591-04 $267.82 0261-591-05 $267.82 0261-591-06 $267.82 0261-591-07 $267.82 0261-591-08 $267.82 0261-591-09 $267.82 0261-591-10 $267.82 0261-591-11 $267.82 0261-591-12 $267.82 0261-591-13 $267.82 0261-591-14 $267.82 0261-591-15 $267.82 0261-591-16 $267.82 0261-591-17 $267.82 0261-591-18 $267.82 0261-591-19 $267.82 0261-591-20 $267.82 0261-591-21 $267.82 0261-591-22 $267.82 0261-591-23 $267.82 0261-591-24 $267.82 0261-591-25 $267.82 0261-591-26 $267.82 0261-591-27 $267.82 0261-591-28 $267.82 0261-591-29 $267.82 0261-591-30 $267.82 0261-591-31 $267.82 0261-591-32 $267.82 0261-591-33 $267.82 0261-591-34 $267.82 0261-591-35 $267.82 0261-591-36 $267.82 0261-591-37 $267.82 0261-591-38 $267.82 0261-591-39 $267.82 0261-591-40 $267.82 0261-591-41 $267.82 0261-591-42 $267.82 0261-591-43 $267.82 0261-591-44 $267.82 0261-591-45 $267.82 0261-591-46 $267.82 0261-591-47 $267.82 0261-591-48 $267.82 0261-591-49 $267.82 0261-591-50 $267.82 0261-591-51 $267.82 0261-591-52 $267.82 0261-591-53 $267.82 0261-591-54 $267.82 0261-591-55 $267.82 0261-591-56 $267.82 0261-591-57 $267.82 0261-591-58 $267.82 0261-591-59 $267.82 0261-591-60 $267.82 0261-591-61 $267.82 0261-591-62 $267.82 0261-591-63 $267.82 0261-591-64 $267.82 0261-591-65 $267.82 0261-591-66 $267.82 0261-591-67 $267.82 0261-591-68 $267.82 0261-591-69 $267.82 0261-591-70 $267.82 0261-591-71 $267.82 0261-601-01 $267.82 0261-601-02 $267.82 0261-601-03 $267.82 0261-601-04 $267.82 0261-601-05 $267.82 0261-601-06 $267.82 0261-601-07 $267.82 0261-601-08 $267.82 0261-601-09 $267.82 0261-601-10 $267.82 0261-601-11 $267.82 0261-601-12 $267.82 0261-601-13 $267.82 0261-601-14 $267.82 0261-601-15 $267.82 0261-601-16 $267.82 0261-601-17 $267.82 0261-601-18 $267.82 0261-601-19 $267.82 0261-601-20 $267.82 0261-601-21 $267.82 0261-601-22 $267.82 0261-601-23 $267.82 0261-601-24 $267.82 0261-601-25 $267.82 0261-601-26 $267.82 0261-601-27 $267.82 0261-601-28 $267.82 0261-601-29 $267.82 0261-601-30 $267.82 0261-601-31 $267.82 0261-601-32 $267.82 0261-601-33 $267.82 0261-601-34 $267.82 0261-601-35 $267.82 0261-601-36 $267.82
Totals Parcels 107 Levy $28,656.74
Assessment Roll
Engineer's Report
Packet Page. 384
CC30 SP94 - AD 1032
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-621-01 $123.38 0261-621-02 $123.38 0261-621-03 $123.38 0261-621-04 $123.38 0261-621-05 $123.38 0261-621-07 $123.38 0261-621-08 $123.38 0261-621-09 $123.38 0261-621-10 $123.38 0261-621-11 $123.38 0261-621-12 $123.38 0261-621-13 $123.38 0261-621-14 $123.38 0261-621-15 $123.38 0261-621-16 $123.38 0261-621-17 $123.38 0261-621-18 $123.38 0261-621-19 $123.38 0261-621-20 $123.38 0261-621-21 $123.38 0261-621-22 $123.38 0261-621-23 $123.38 0261-621-24 $123.38 0261-621-25 $123.38 0261-621-26 $123.38 0261-621-27 $123.38 0261-621-28 $123.38 0261-621-29 $123.38 0261-621-30 $123.38 0261-621-31 $123.38 0261-621-32 $123.38 0261-621-33 $123.38 0261-621-34 $123.38 0261-621-35 $123.38 0261-621-36 $123.38 0261-621-37 $123.38 0261-621-38 $123.38 0261-621-39 $123.38 0261-621-40 $123.38 0261-621-41 $123.38 0261-621-42 $123.38 0261-621-43 $123.38 0261-621-44 $123.38 0261-621-45 $123.38 0261-621-46 $123.38 0261-621-47 $123.38 0261-621-48 $123.38 0261-621-49 $123.38 0261-621-50 $123.38 0261-621-51 $123.38 0261-621-52 $123.38 0261-621-53 $123.38 0261-621-54 $123.38 0261-621-55 $123.38 0261-621-56 $123.38 0261-621-58 $123.38 0261-631-01 $123.38 0261-631-02 $123.38 0261-631-03 $123.38 0261-631-04 $123.38 0261-631-05 $123.38 0261-631-06 $123.38 0261-631-07 $123.38 0261-631-08 $123.38 0261-631-09 $123.38
Totals Parcels 65 Levy $8,019.70
Assessment Roll
Engineer's Report
Packet Page. 385
CC30 SP95 - AD 1035 Zone 1
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-641-01 $464.12 0261-641-02 $464.12 0261-641-03 $464.12 0261-641-04 $464.12 0261-641-05 $464.12 0261-641-06 $464.12 0261-641-07 $464.12 0261-641-08 $464.12 0261-641-09 $464.12 0261-641-10 $464.12 0261-641-11 $464.12 0261-641-12 $464.12 0261-641-13 $464.12 0261-641-14 $464.12 0261-641-15 $464.12 0261-641-16 $464.12 0261-641-17 $464.12 0261-641-18 $464.12 0261-641-19 $464.12 0261-641-20 $464.12 0261-641-21 $464.12 0261-641-22 $464.12 0261-641-23 $464.12 0261-641-24 $464.12 0261-641-25 $464.12 0261-641-26 $464.12 0261-641-27 $464.12 0261-641-28 $464.12 0261-641-29 $464.12 0261-641-30 $464.12 Totals Parcels 30 Levy $13,923.60
Assessment Roll
Engineer's Report
Packet Page. 386
CC30 SP96 - AD 1035 Zone 2
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-541-17 $160.30 0261-541-18 $160.30 0261-541-19 $160.30 0261-541-20 $160.30 0261-541-21 $160.30 0261-541-22 $160.30 0261-541-23 $160.30 0261-541-24 $160.30 0261-541-25 $160.30 0261-541-26 $160.30 0261-541-27 $160.30
0261-541-28 $160.30 0261-541-29 $160.30
Totals Parcels 13 Levy $2,083.90
Assessment Roll
Engineer's Report
Packet Page. 387
CC30 SP97 - AD 1036
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0151-321-01 $749.76 0151-321-02 $749.76 0151-321-03 $749.76 0151-321-04 $749.76 0151-321-05 $749.76 0151-321-06 $749.76 0151-321-07 $749.76 0151-321-08 $749.76 0151-321-09 $749.76 0151-321-10 $749.76 0151-321-11 $749.76 0151-321-12 $749.76 0151-321-13 $749.76 0151-321-14 $749.76 0151-321-15 $749.76 0151-321-16 $749.76 0151-321-17 $749.76 0151-321-18 $749.76 0151-321-21 $749.76 0151-321-22 $749.76 0151-321-23 $749.76 0151-321-24 $749.76 0151-321-25 $749.76 0151-321-26 $749.76 0151-321-27 $749.76 0151-321-28 $749.76 0151-321-29 $749.76 0151-321-30 $749.76 0151-321-31 $749.76 0151-321-32 $749.76 0151-321-33 $749.76 0151-321-34 $749.76 0151-321-35 $749.76 0151-321-36 $749.76 0151-331-01 $749.76 0151-331-02 $749.76 0151-331-03 $749.76 0151-331-04 $749.76 0151-331-05 $749.76 0151-331-06 $749.76 0151-331-07 $749.76 0151-331-08 $749.76 0151-331-09 $749.76 0151-331-10 $749.76 0151-331-11 $749.76 0151-331-12 $749.76 0151-331-13 $749.76 0151-341-01 $749.76 0151-341-02 $749.76 0151-341-03 $749.76 0151-341-04 $749.76 0151-341-05 $749.76 0151-341-06 $749.76 0151-341-07 $749.76 0151-341-08 $749.76 0151-341-09 $749.76 0151-341-10 $749.76 0151-341-11 $749.76 0151-341-12 $749.76 0151-342-01 $749.76 0151-342-02 $749.76 0151-342-03 $749.76 0151-342-04 $749.76 0151-342-05 $749.76 0151-342-06 $749.76 0151-342-07 $749.76 0151-342-08 $749.76 0151-342-09 $749.76 0151-342-10 $749.76 0151-342-11 $749.76 0151-342-12 $749.76 0151-342-13 $749.76 0151-342-14 $749.76 0151-342-15 $749.76 0151-342-24 $749.76 0151-342-25 $749.76 0151-342-26 $749.76 0151-342-27 $749.76 0151-342-29 $749.76 0151-342-30 $749.76 0151-342-31 $749.76 0151-342-32 $749.76 0151-342-33 $749.76 0151-342-34 $749.76 0151-342-35 $749.76 0151-342-36 $749.76 0151-342-37 $749.76 0151-342-38 $749.76 0151-342-39 $749.76 0151-342-40 $749.76 0151-342-41 $749.76 0151-342-42 $749.76 0151-342-43 $749.76 0151-342-44 $749.76 0151-342-45 $749.76 0151-342-46 $749.76 0151-342-47 $749.76 0151-342-48 $749.76 0151-342-49 $749.76 0151-342-50 $749.76 0151-342-51 $749.76 0151-351-01 $749.76 0151-351-02 $749.76 0151-351-03 $749.76 0151-351-04 $749.76 0151-351-05 $749.76 0151-351-06 $749.76 0151-351-07 $749.76 0151-351-08 $749.76 0151-351-09 $749.76 0151-351-10 $749.76 0151-351-11 $749.76 0151-351-12 $749.76 0151-351-13 $749.76 0151-351-14 $749.76 0151-352-01 $749.76 0151-352-02 $749.76 0151-361-01 $749.76 0151-361-02 $749.76 0151-361-03 $749.76 0151-361-04 $749.76 0151-361-05 $749.76 0151-361-06 $749.76 0151-361-07 $749.76 0151-361-08 $749.76 0151-361-09 $749.76 0151-361-10 $749.76 0151-361-11 $749.76 0151-361-12 $749.76 0151-361-13 $749.76 0151-361-14 $749.76 0151-361-15 $749.76 0151-361-29 $749.76 0151-361-30 $749.76 0151-361-31 $749.76 0151-361-32 $749.76 0151-361-33 $749.76 0151-361-34 $749.76 0151-361-35 $749.76 0151-361-42 $4,498.66 0151-361-43 $49,485.32 Assessment Roll
Engineer's Report
Packet Page. 388
CC30 SP97 - AD 1036
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
0151-361-44 $14,245.76 0151-361-45 $749.76 0151-361-46 $749.76 0151-361-47 $749.76 0151-361-48 $749.76 0151-361-49 $749.76 0151-361-50 $749.76 0151-361-51 $749.76 0151-361-52 $749.76 0151-361-53 $749.76 0151-361-54 $749.76 0151-361-55 $749.76 0151-361-56 $749.76 0151-361-57 $749.76 0151-361-58 $749.76 0151-361-59 $749.76 0151-361-60 $749.76 0151-361-61 $749.76 0151-361-62 $749.76 0151-361-63 $749.76 0151-361-64 $749.76 0151-361-65 $749.76 0151-361-66 $749.76 0151-361-67 $749.76 0151-361-68 $749.76 0151-361-69 $749.76 0151-361-70 $749.76 0151-361-71 $749.76 0151-361-72 $749.76 0151-361-73 $749.76 0151-361-74 $749.76 0151-361-75 $749.76 0151-361-76 $749.76 0151-361-77 $749.76 0151-361-78 $749.76 0151-361-79 $749.76 0151-361-80 $749.76 0151-372-01 $749.76 0151-372-02 $749.76 0151-372-03 $749.76 0151-372-04 $749.76 0151-372-05 $749.76 0151-372-06 $749.76 0151-372-07 $749.76 0151-372-08 $749.76 0151-372-09 $749.76 0151-372-10 $749.76 0151-372-11 $749.76 0151-372-12 $749.76 0151-372-13 $749.76 0151-372-14 $749.76 0151-372-15 $749.76 0151-372-16 $749.76 0151-372-17 $749.76 0151-372-18 $749.76 0151-372-25 $9,747.10 0151-372-27 $4,314.34 0151-372-28 $2,912.12 0151-382-01 $749.76 0151-382-02 $749.76 0151-382-03 $749.76 0151-382-04 $749.76 0151-382-05 $749.76 0151-382-06 $749.76 0151-382-07 $749.76 0151-382-08 $749.76 0151-382-09 $749.76 0151-382-10 $749.76 0151-382-11 $749.76 0151-382-12 $749.76 0151-382-13 $749.76 0151-382-14 $749.76 0151-382-15 $749.76 0151-382-16 $749.76 0151-382-17 $749.76 0151-382-18 $749.76 0151-382-19 $749.76 0151-392-01 $749.76 0151-392-02 $749.76 0151-392-03 $749.76 0151-392-04 $749.76 0151-392-05 $749.76 0151-392-06 $749.76 0151-392-07 $749.76 0151-392-08 $749.76 0151-402-01 $749.76 0151-402-02 $749.76 0151-411-01 $749.76 0151-411-02 $749.76 0151-411-03 $749.76 0151-411-04 $749.76 0151-411-05 $749.76 0151-411-06 $749.76 0151-411-07 $749.76 0151-411-08 $749.76 0151-411-09 $749.76 0151-411-10 $749.76 0151-411-11 $749.76 0151-411-12 $749.76 0151-411-13 $749.76 0151-411-14 $749.76 0151-411-15 $749.76 0151-411-16 $749.76 0151-411-17 $749.76 0151-411-18 $749.76 0151-411-19 $749.76 0151-411-20 $749.76
0151-411-21 $749.76 0151-411-22 $749.76
Totals Parcels 250 Levy $268,144.74
Engineer's Report
Packet Page. 389
CC30 SP98 - AD 1037
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-651-01 $197.26 0261-651-02 $197.26 0261-651-03 $197.26 0261-651-04 $197.26 0261-651-05 $197.26 0261-651-06 $197.26 0261-651-07 $197.26 0261-651-08 $197.26 0261-651-09 $197.26 0261-651-10 $197.26 0261-651-11 $197.26 0261-651-12 $197.26 0261-651-13 $197.26 0261-651-14 $197.26 0261-651-15 $197.26 0261-651-16 $197.26 0261-651-17 $197.26 0261-651-18 $197.26 0261-651-19 $197.26 0261-651-20 $197.26 0261-651-21 $197.26 0261-651-22 $197.26 0261-651-23 $197.26 0261-651-24 $197.26 0261-651-25 $197.26 0261-651-26 $197.26 0261-651-27 $197.26 0261-651-28 $197.26 0261-651-29 $197.26 0261-651-30 $197.26 0261-651-31 $197.26 0261-651-32 $197.26 0261-651-33 $197.26 Totals Parcels 33 Levy $6,509.58
Assessment Roll
Engineer's Report
Packet Page. 390
CC30 SP99 - AD 1038
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0141-281-20 $295.90 0141-281-21 $278.84 0141-281-22 $301.80 0141-281-23 $349.06 0141-281-25 $550.48 0141-281-26 $404.82 0141-281-27 $291.32 0141-281-28 $183.70 0141-281-29 $274.90 0141-281-31 $82.00 0141-281-32 $82.00 0141-281-33 $82.00 0141-281-34 $82.00 0141-281-35 $82.00 0141-281-36 $82.00 0141-281-37 $82.00 0141-281-38 $82.00 0141-281-39 $82.00 0141-281-40 $82.00 0141-281-43 $241.44 0141-281-44 $253.92 0141-281-46 $68.22 0141-281-47 $68.22 0141-281-48 $68.22 0141-281-49 $68.22 0141-281-50 $68.22 0141-281-51 $68.22 0141-281-52 $68.22 0141-281-53 $68.22 0141-281-54 $68.22 0141-281-55 $68.22 0141-281-56 $68.22 0141-281-57 $68.22 0141-281-58 $68.22 0141-281-59 $68.22 0141-281-60 $68.22 Totals Parcels 36 Levy $5,269.48
Assessment Roll
Engineer's Report
Packet Page. 391
CC30 SP10 - AD 1039
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-661-01 $132.98 0261-661-02 $132.98 0261-661-03 $132.98 0261-661-04 $132.98 0261-661-05 $132.98 0261-661-06 $132.98 0261-661-07 $132.98 0261-661-08 $132.98 0261-661-09 $132.98 0261-661-10 $132.98 0261-661-11 $132.98 0261-661-12 $132.98 0261-661-13 $132.98 0261-661-14 $132.98 0261-661-15 $132.98 0261-661-16 $132.98 0261-661-17 $132.98 0261-661-18 $132.98 0261-661-19 $132.98 0261-661-20 $132.98 0261-661-21 $132.98 0261-661-22 $132.98 0261-661-23 $132.98 0261-661-24 $132.98 0261-661-25 $132.98 0261-661-26 $132.98 0261-661-27 $132.98 0261-661-28 $132.98 0261-661-29 $132.98 0261-661-30 $132.98 0261-661-31 $132.98 0261-661-32 $132.98 0261-661-33 $132.98 0261-661-34 $132.98 0261-661-35 $132.98 0261-661-36 $132.98 0261-661-37 $132.98 0261-661-38 $132.98 0261-661-39 $132.98 0261-661-40 $132.98 0261-661-41 $132.98 0261-661-42 $132.98 0261-661-43 $132.98 0261-661-44 $132.98 0261-661-45 $132.98 0261-661-46 $132.98 0261-661-47 $132.98 0261-661-48 $132.98 0261-661-49 $132.98 0261-661-50 $132.98 0261-661-51 $132.98 0261-661-52 $132.98 0261-661-53 $132.98 0261-661-54 $132.98 0261-661-55 $132.98 0261-661-56 $132.98 0261-661-57 $132.98 0261-661-58 $132.98 0261-661-59 $132.98 0261-661-60 $132.98 0261-661-61 $132.98 0261-661-62 $132.98 0261-661-63 $132.98 0261-661-64 $132.98 0261-671-01 $132.98 0261-671-02 $132.98 0261-671-03 $132.98 0261-671-04 $132.98 0261-671-05 $132.98 0261-671-06 $132.98 0261-671-07 $132.98 0261-671-08 $132.98 0261-671-09 $132.98 0261-671-10 $132.98 0261-671-11 $132.98 0261-671-12 $132.98 0261-671-13 $132.98 0261-671-14 $132.98 0261-671-15 $132.98 0261-671-16 $132.98 0261-671-17 $132.98 0261-671-18 $132.98 0261-671-19 $132.98 0261-671-20 $132.98 0261-671-21 $132.98 0261-671-22 $132.98 0261-671-23 $132.98 0261-671-24 $132.98 0261-671-25 $132.98 0261-671-26 $132.98 0261-671-27 $132.98 0261-671-28 $132.98 0261-671-29 $132.98 0261-671-30 $132.98 0261-671-31 $132.98 0261-671-32 $132.98 0261-671-33 $132.98 0261-671-34 $132.98 0261-671-35 $132.98 0261-671-36 $132.98 0261-671-37 $132.98 0261-671-38 $132.98 0261-671-39 $132.98 0261-671-40 $132.98 0261-671-41 $132.98 0261-671-42 $132.98 0261-671-43 $132.98 0261-671-44 $132.98 0261-671-45 $132.98 0261-671-46 $132.98 0261-671-47 $132.98 0261-671-48 $132.98 0261-671-49 $132.98 0261-671-50 $132.98 0261-671-51 $132.98 0261-671-52 $132.98 0261-671-53 $132.98 0261-671-54 $132.98 0261-671-55 $132.98 0261-671-56 $132.98 0261-671-57 $132.98 0261-671-58 $132.98 0261-671-59 $132.98 0261-671-60 $132.98 0261-671-61 $132.98
0261-671-62 $132.98 0261-671-63 $132.98
Totals Parcels 127 Levy $16,888.46
Assessment Roll
Engineer's Report
Packet Page. 392
CC30 SP11 - AD 1040
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0270-241-01 $389.28 0270-241-02 $389.28 0270-241-03 $389.28 0270-241-04 $389.28 0270-241-05 $389.28 0270-241-06 $389.28 0270-241-07 $389.28 0270-241-08 $389.28 0270-241-09 $389.28 0270-241-10 $389.28 0270-241-11 $389.28 0270-241-12 $389.28 0270-241-13 $389.28 0270-241-14 $389.28 0270-241-15 $389.28 0270-241-16 $389.28 0270-241-17 $389.28 0270-241-18 $389.28 0270-241-19 $389.28 0270-241-20 $389.28 0270-241-21 $389.28 0270-251-03 $389.28 0270-251-04 $389.28 0270-251-05 $389.28 0270-251-06 $389.28 0270-251-07 $389.28 0270-251-08 $389.28 0270-251-09 $389.28 0270-251-10 $389.28 0270-251-11 $389.28 0270-251-12 $389.28 0270-251-13 $389.28 0270-251-14 $389.28 0270-251-15 $389.28 0270-251-16 $389.28 0270-251-17 $389.28 0270-251-18 $389.28 0270-251-19 $389.28 0270-251-20 $389.28 0270-251-21 $389.28 0270-251-22 $389.28 0270-251-23 $389.28 0270-251-24 $389.28 0270-251-25 $389.28
0270-251-26 $389.28 0270-251-27 $389.28
Totals Parcels 46 Levy $17,906.88
Assessment Roll
Engineer's Report
Packet Page. 393
CC30 SP44 - AD 1041
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-721-01 $791.78 0261-721-02 $791.78 0261-721-03 $791.78 0261-721-04 $791.78 0261-721-05 $791.78 0261-721-06 $791.78 0261-721-07 $791.78 0261-721-08 $791.78 0261-721-09 $791.78 0261-721-10 $791.78 0261-721-11 $791.78 0261-721-12 $791.78 0261-721-13 $791.78 0261-721-14 $791.78 0261-721-15 $791.78 0261-721-16 $791.78 0261-721-17 $791.78
Totals Parcels 17 Levy $13,460.26
Assessment Roll
Engineer's Report
Packet Page. 394
CC30 SP12 - AD 1042
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0266-791-01 $1,098.60 0266-791-02 $1,098.60 0266-791-03 $1,098.60 0266-791-04 $1,098.60 0266-791-05 $1,098.60 0266-791-06 $1,098.60 0266-791-07 $1,098.60 0266-791-08 $1,098.60 0266-791-09 $1,098.60 0266-791-10 $1,098.60 0266-791-11 $1,098.60 0266-791-12 $1,098.60 0266-791-13 $1,098.60 0266-791-14 $1,098.60 0266-791-15 $1,098.60 0266-791-16 $1,098.60 0266-791-17 $1,098.60 0266-801-01 $1,098.60 0266-801-02 $1,098.60 0266-801-03 $1,098.60 0266-801-04 $1,098.60 0266-801-05 $1,098.60 0266-801-06 $1,098.60 0266-801-07 $1,098.60 0266-801-08 $1,098.60 0266-801-09 $1,098.60 0266-801-10 $1,098.60 0266-801-11 $1,098.60 0266-801-12 $1,098.60 0266-801-13 $1,098.60 0266-801-14 $1,098.60 0266-801-15 $1,098.60 0266-801-16 $1,098.60 0266-801-17 $1,098.60 0266-801-18 $1,098.60 0266-801-19 $1,098.60 0266-801-20 $1,098.60 0266-801-21 $1,098.60 0266-801-22 $1,098.60 0266-801-23 $1,098.60 0266-801-24 $1,098.60 0266-801-25 $1,098.60 0266-801-26 $1,098.60 0266-801-27 $1,098.60 0266-801-28 $1,098.60 0266-801-29 $1,098.60 0266-801-30 $1,098.60 0266-801-31 $1,098.60 0266-801-32 $1,098.60 0266-801-33 $1,098.60 0266-801-34 $1,098.60 0266-801-35 $1,098.60 0266-801-36 $1,098.60 0266-801-37 $1,098.60 0266-801-38 $1,098.60 0266-801-39 $1,098.60 0266-801-40 $1,098.60 0266-801-41 $1,098.60 0266-801-42 $1,098.60 0266-801-43 $1,098.60 0266-801-44 $1,098.60 0266-811-01 $1,098.60 0266-811-02 $1,098.60 0266-811-03 $1,098.60 0266-811-04 $1,098.60 0266-811-05 $1,098.60 0266-811-06 $1,098.60 0266-811-07 $1,098.60 0266-811-08 $1,098.60 0266-811-09 $1,098.60 0266-811-10 $1,098.60 0266-811-11 $1,098.60 Totals Parcels 72 Levy $79,099.20
Assessment Roll
Engineer's Report
Packet Page. 395
CC30 SP26 - AD 1043 Zone 1
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-681-01 $215.20 0261-681-02 $215.20 0261-681-03 $215.20 0261-681-04 $215.20 0261-681-05 $215.20 0261-681-06 $215.20 0261-681-07 $215.20 0261-681-08 $215.20 0261-681-09 $215.20 0261-681-10 $215.20 0261-681-11 $215.20 0261-681-12 $215.20 0261-681-13 $215.20 0261-681-14 $215.20 0261-681-15 $215.20 0261-681-16 $215.20 0261-681-17 $215.20 0261-681-18 $215.20 0261-681-19 $215.20 0261-681-20 $215.20 0261-681-21 $215.20 0261-681-22 $215.20 0261-681-23 $215.20 0261-681-24 $215.20 0261-681-25 $215.20 0261-681-26 $215.20 0261-681-27 $215.20 0261-681-28 $215.20 0261-681-29 $215.20 0261-681-30 $215.20 0261-681-31 $215.20 0261-681-32 $215.20 0261-681-33 $215.20 0261-681-34 $215.20 0261-681-35 $215.20 0261-681-36 $215.20 0261-681-37 $215.20 0261-681-38 $215.20 0261-681-39 $215.20 0261-681-40 $215.20 0261-681-41 $215.20
Totals Parcels 41 Levy $8,823.20
Assessment Roll
Engineer's Report
Packet Page. 396
CC30 SP27 - AD 1043 Zone 2
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-691-01 $352.80 0261-691-02 $352.80 0261-691-03 $352.80 0261-691-04 $352.80 0261-691-05 $352.80 0261-691-06 $352.80 0261-691-07 $352.80 0261-691-08 $352.80 0261-691-09 $352.80 0261-691-10 $352.80 0261-691-11 $352.80 0261-691-12 $352.80 0261-691-13 $352.80 0261-691-14 $352.80 0261-691-15 $352.80 0261-691-16 $352.80 0261-691-17 $352.80 0261-691-18 $352.80 0261-691-19 $352.80 0261-691-20 $352.80 0261-691-21 $352.80 0261-691-22 $352.80 0261-691-23 $352.80 0261-691-24 $352.80 0261-691-25 $352.80 0261-691-26 $352.80 0261-691-27 $352.80 0261-691-28 $352.80 0261-691-29 $352.80 0261-691-30 $352.80 0261-691-31 $352.80 0261-691-32 $352.80 0261-691-33 $352.80 0261-691-34 $352.80 0261-691-35 $352.80 0261-691-36 $352.80 0261-691-37 $352.80 0261-691-38 $352.80 0261-691-39 $352.80 0261-691-40 $352.80 0261-691-41 $352.80 0261-691-42 $352.80 0261-691-43 $352.80 0261-691-44 $352.80 0261-691-45 $352.80 0261-691-46 $352.80 0261-691-47 $352.80
Totals Parcels 47 Levy $16,581.60
Assessment Roll
Engineer's Report
Packet Page. 397
CC30 SP51 - AD 1045
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0281-411-01 $1,149.66 0281-411-04 $561.68 0281-411-05 $800.02 0281-411-06 $182.26 0281-411-10 $1,319.66 0281-421-01 $630.04 0281-421-02 $556.42 0281-421-03 $937.60 0281-421-14 $3,822.30 0281-421-15 $374.16 0281-421-16 $466.16
0281-421-17 $471.42 0281-421-18 $533.64
Totals Parcels 13 Levy $11,805.02
Assessment Roll
Engineer's Report
Packet Page. 398
CC30 SP20 - AD 1046
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0266-503-50 $372.78 0266-503-51 $372.78 0266-503-52 $372.78 0266-503-53 $372.78 0266-503-54 $372.78 0266-503-55 $372.78 0266-503-56 $372.78 0266-503-57 $372.78 0266-503-58 $372.78 0266-503-59 $372.78 0266-503-60 $372.78 0266-503-61 $372.78 0266-503-62 $372.78 0266-503-63 $372.78 0266-503-64 $372.78 0266-503-65 $372.78 0266-503-66 $372.78
0266-503-67 $372.78 0266-503-68 $372.78
Totals Parcels 19 Levy $7,082.82
Assessment Roll
Engineer's Report
Packet Page. 399
CC30 SP52 - AD 1047
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-432-01 $948.70 0261-432-02 $948.70 0261-432-03 $948.70 0261-432-04 $948.70 0261-432-05 $948.70 0261-432-06 $948.70 0261-432-07 $948.70 0261-432-08 $948.70
Totals Parcels 8 Levy $7,589.60
Assessment Roll
Engineer's Report
Packet Page. 400
CC30 SP54 - AD 1048
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0142-014-01 $426.60 0142-014-02 $426.60 0142-014-03 $426.60 0142-014-04 $426.60 0142-014-05 $426.60 0142-014-06 $426.60 0142-014-07 $426.60 0142-014-10 $426.60 0142-014-11 $426.60 0142-014-14 $426.60 0142-014-15 $426.60 0142-014-16 $426.60 0142-014-17 $426.60 0142-014-18 $426.60 0142-014-19 $426.60 0142-014-20 $426.60 0142-014-21 $426.60 0142-014-22 $426.60 0142-014-23 $426.60 0142-014-24 $426.60
Totals Parcels 20 Levy $8,532.00
Assessment Roll
Engineer's Report
Packet Page. 401
CC30 SP55 - AD 1049
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-611-48 $491.08 0261-611-49 $491.08 0261-611-50 $491.08 0261-611-51 $491.08 0261-611-52 $491.08 0261-611-53 $491.08 0261-611-54 $491.08 0261-611-55 $491.08 0261-611-56 $491.08 0261-611-57 $491.08 0261-611-58 $491.08 0261-611-59 $491.08 0261-611-60 $491.08 0261-611-61 $491.08 0261-611-62 $491.08 Totals Parcels 15 Levy $7,366.20
Assessment Roll
Engineer's Report
Packet Page. 402
CC30 SP56 - AD 1050
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0142-243-26 $372.80 0142-243-27 $372.80 0142-243-28 $372.80 0142-243-29 $372.80 0142-243-30 $372.80 0142-243-31 $372.80 0142-243-32 $372.80 0142-243-33 $372.80 0142-243-34 $372.80 0142-243-35 $372.80 0142-243-36 $372.80 0142-243-37 $372.80 0142-243-38 $372.80 0142-243-39 $372.80
Totals Parcels 14 Levy $5,219.20
Assessment Roll
Engineer's Report
Packet Page. 403
CC30 SP57 - AD 1052
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-701-01 $316.82 0261-701-02 $316.82 0261-701-03 $316.82 0261-701-04 $316.82 0261-701-05 $316.82 0261-701-06 $316.82 0261-701-07 $316.82 0261-701-08 $316.82 0261-701-09 $316.82 0261-701-10 $316.82 0261-701-11 $316.82 0261-701-12 $316.82 0261-701-13 $316.82 0261-701-14 $316.82 0261-701-15 $316.82 0261-701-16 $316.82 0261-701-17 $316.82 0261-701-18 $316.82 0261-701-19 $316.82 0261-701-20 $316.82 0261-701-21 $316.82 0261-701-22 $316.82 0261-701-23 $316.82 0261-701-24 $316.82 0261-701-25 $316.82 0261-701-26 $316.82 0261-701-27 $316.82 0261-701-28 $316.82 0261-701-29 $316.82 0261-711-01 $316.82 0261-711-02 $316.82 0261-711-03 $316.82 0261-711-04 $316.82 0261-711-05 $316.82 0261-711-06 $316.82 0261-711-07 $316.82 0261-711-08 $316.82 0261-711-09 $316.82 0261-711-10 $316.82 0261-711-11 $316.82 0261-711-12 $316.82 0261-711-13 $316.82 0261-711-14 $316.82 0261-711-15 $316.82 0261-711-16 $316.82 0261-711-17 $316.82 0261-711-18 $316.82 0261-711-19 $316.82 0261-711-20 $316.82 0261-711-21 $316.82 0261-711-22 $316.82 0261-711-23 $316.82 0261-711-24 $316.82 0261-711-25 $316.82 Totals Parcels 54 Levy $17,108.28
Assessment Roll
Engineer's Report
Packet Page. 404
CC30 SP59 - AD 1054
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0151-411-01 $459.88 0151-411-02 $459.88 0151-411-03 $459.88 0151-411-04 $459.88 0151-411-05 $459.88 0151-411-06 $459.88 0151-411-07 $459.88 0151-411-08 $459.88 0151-411-09 $459.88 0151-411-10 $459.88 0151-411-11 $459.88 0151-411-12 $459.88 0151-411-13 $459.88 0151-411-14 $459.88 0151-411-15 $459.88 0151-411-16 $459.88 0151-411-17 $459.88 0151-411-18 $459.88 0151-411-19 $459.88 0151-411-20 $459.88
0151-411-21 $459.88 0151-411-22 $459.88
Totals Parcels 22 Levy $10,117.36
Assessment Roll
Engineer's Report
Packet Page. 405
CC30 SP63 - AD 1055
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-731-01 $715.44 0261-731-02 $715.44 0261-731-03 $715.44 0261-731-04 $715.44 0261-731-05 $715.44 0261-731-06 $715.44 0261-731-07 $715.44 0261-731-08 $715.44 0261-731-09 $715.44 0261-731-10 $715.44 0261-731-11 $715.44 0261-731-12 $715.44 0261-731-13 $715.44 0261-731-14 $715.44 0261-731-15 $715.44 0261-731-16 $715.44 0261-731-17 $715.44 0261-731-18 $715.44 0261-731-19 $715.44 0261-731-20 $715.44 0261-731-21 $715.44 0261-731-22 $715.44 0261-731-23 $715.44 0261-731-24 $715.44 0261-731-25 $715.44 0261-731-26 $715.44 0261-731-27 $715.44 0261-731-28 $715.44 0261-731-29 $715.44 0261-731-30 $715.44 0261-731-31 $715.44 0261-731-32 $715.44 0261-731-33 $715.44 0261-731-34 $715.44 0261-731-35 $715.44 0261-731-36 $715.44 0261-731-37 $715.44 0261-731-38 $715.44 0261-731-39 $715.44 Totals Parcels 39 Levy $27,902.16
Assessment Roll
Engineer's Report
Packet Page. 406
CC30 SL10 - AD 1056
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0261-741-01 $565.38 0261-741-02 $565.38 0261-741-03 $565.38 0261-741-04 $565.38 0261-741-05 $565.38 0261-741-06 $565.38 0261-741-07 $565.38 0261-741-08 $565.38 0261-741-09 $565.38 0261-741-10 $565.38 0261-741-11 $565.38 0261-741-12 $565.38 0261-741-13 $565.38 0261-741-14 $565.38 0261-741-15 $565.38 0261-741-16 $565.38 0261-741-17 $565.38 0261-741-18 $565.38 0261-741-19 $565.38 0261-741-20 $565.38 0261-741-21 $565.38 0261-741-22 $565.38 0261-741-23 $565.38 0261-741-24 $565.38 0261-741-25 $565.38 0261-741-26 $565.38 0261-741-27 $565.38 0261-741-28 $565.38 0261-741-29 $565.38 0261-741-30 $565.38 0261-741-31 $565.38 0261-741-32 $565.38 0261-741-33 $565.38 0261-741-34 $565.38 0261-741-35 $565.38 0261-741-36 $565.38 0261-741-37 $565.38 0261-741-38 $565.38
Totals Parcels 38 Levy $21,484.44
Assessment Roll
Engineer's Report
Packet Page. 407
CC30 SL01 - AD 1057
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0148-011-49 $726.44 0148-011-50 $2,343.62 0148-011-53 $2,551.12 0148-011-54 $7,578.48 0148-011-55 $471.62 0148-011-65 $6,546.80 0148-011-66 $5,492.74 0148-011-68 $5,325.82 0148-011-69 $1,975.48 Totals Parcels 9 Levy $33,012.12
Assessment Roll
Engineer's Report
Packet Page. 408
CC30 SL02 - AD 1059
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0280-241-08 $240.96 0280-241-09 $39.68 0281-041-64 $149.90 0281-041-65 $209.90 0281-041-66 $968.00 0281-041-67 $595.20 Totals Parcels 6 Levy $2,203.64
Assessment Roll
Engineer's Report
Packet Page. 409
CC30 SP60 - AD 1060
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0272-311-11 $1,145.96 0272-311-12 $1,145.96 0272-311-13 $1,145.96 0272-311-14 $1,145.96 0272-311-15 $1,145.96
Totals Parcels 5 Levy $5,729.80
Assessment Roll
Engineer's Report
Packet Page. 410
CC30 SL03 - AD 1063
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0280-181-48 $1,139.74 0280-181-49 $549.80 0280-181-50 $1,302.12 0280-181-51 $1,980.56 0280-181-52 $124.62 0280-181-53 $53.40 0280-181-54 $226.66 0280-181-55 $3,422.72
Totals Parcels 8 Levy $8,799.62
Assessment Roll
Engineer's Report
Packet Page. 411
CC30 SL04 - AD 1064
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0262-011-48 $7,304.94 0262-011-49 $3,663.92 0262-011-50 $629.12 0262-011-51 $12,021.54 0348-151-25 $22,814.56
Totals Parcels 5 Levy $46,434.08
Assessment Roll
Engineer's Report
Packet Page. 412
CC30 SL08 - AD 1068
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0136-361-36 $4,842.60 0136-361-37 $490.28 0136-361-39 $2,720.50 0136-361-40 $941.64 0136-371-39 $4,065.22
0280-251-65 $1,544.74 0280-251-67 $224.42
Totals Parcels 7 Levy $14,829.40
Assessment Roll
Engineer's Report
Packet Page. 413
Appendix B:
Assessment Diagrams
Packet Page. 414
OHIO AVE
WALNUT AVE
REDWOOD CT
ALEXIS CT
SPENCER CT
BEECHWOOD AVE
BAILEY
CREEK
CHANNEL
CH
MEYERS RD
YOUNGSTOWN LN
BETHANY WAY
0 140 28070 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1028
Landscaping 28,190 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 415
16TH ST
PENNSYLVANIA ST
ARIZONA ST
17TH ST
CLYDE ST
GLENVIEW ST
CALFORNIA ST
0 100 20050 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1029
Landscaping 12,074 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 416
GARFIELD ST
CHESTNUT AVE
CAITLIN ST
OHIO ST
0 90 18045 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1030
Landscaping 22,425 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 417
BRENDA LN
STEPHANIE AVE
S.B.C.F.C.D.
STDR
NORMA LN
LORI LN
LINDA LN
0 140 28070 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1031
Landscaping 80,000 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 418
VERDEMONT DR
ZACHARY
CT
HUNTINGTON DR
MELVIN AVE
0 150 30075 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1032
Landscaping 21,280 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 419
OHIO AVE
MEYERS RD
0 90 18045 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1035
ZONE 1
Landscaping 30,475 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 420
PALM AVE
COMSTOCK RD
AKRON ST
0 90 18045 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1035
ZONE 2
Landscaping 1,650 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 421
STATE 15 HWY
KENDALL DR
ASH ST
NORTHPARK
BLVD
SYCAMORE
STRE
SYCAMORE ST
VALLES
DR
GINKGO ST
UNIVERSITY
PARK
WAY
CAMPUSPKWY
0 400 800200 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1036
Landscaping 1,615,182 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 422
BELMONT AVE
C0LEEN LN
CHRISANN CIR
MEYERS RD
DARLING LN
0 100 20050 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1037
Landscaping 29,207 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 423
S.B.C.F.C.D. CHANNEL CH
ORANGE SHOW RD
ARROWHEAD AVE
SIERRA WAY
ORANGE SHOW LN
0 90 18045 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1038
Landscaping 75,380 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 424
IRVINGTON AVE
BELMONT AVE
WADE CT
CABLE
CREEK
CHANNEL
MEYERS RD
CHESTNUT
AVE
0 200 400100 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1039
Landscaping 40,425 sq. ft. Trail/Hardscape 39,975 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
MAGNOLIA AVE
Packet Page. 425
ACACIA
CT
59TH ST
ACACIA AVE
MAYFIELD AVE
ARIES LN
0 140 28070 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1040
Landscaping 72,665 sq. ft. Fuel Mod 97,480 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 426
MAGNOLIA AVE
MEYERS RD
CAITLIN ST
OHIO ST
0 90 18045 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1041
Landscaping 46,771 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 427
GLENWOOD CT
PINEWOOD
WAY
AMBERWOOD CT
SHADY CREEK
DR
SHANDIN
HILLS
DR
MULECREEKCT
HURD CREEK WAY
KENDALL DR
0 140 28070 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1042
Landscaping 187,800 sq. ft. Fuel Mod 229,330 sq. ft. Detention Basin
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 428
IRVINGTON AVE
COLD MOUNTAIN WAY
ANGELS PEAK DR
0 90 18045 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1043
ZONE 1
Landscaping 22,770 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
PALM AVE
Packet Page. 429
OLIVE AVE
MOUNT
CARMELA
LN
SPLIT MOUNTAIN LN
MUIR MOUNTAIN WAY
EAGLES GLEN ST
AKRON ST
0 140 28070 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1043
ZONE 2
Landscaping 46,495 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 430
WATERMAN AVE
AT & SF RR
PARKCENTER
CIR
0 150 30075 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1045
Landscaping 9,560 sq. ft. Hardscape 2,684 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 431
SUN
VALLEY
DR
Northstar Stre
NORTH
PARK
BLVD
Brighton Cour
0 100 20050 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1046
Landscaping 9,560 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 432
ASHLEY CT
PINE AVE
0 90 18045 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1047
Landscaping 14,205 sq. ft. Trail 14,668 sq. ft. Fuel Mod. 2,102 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 433
RANDALL AVE
EUCALYPTUS AVE
PENNY LN
0 90 18045 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1048
Landscaping 13,953 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 434
0 100 20050 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1049
Landscaping 7,788 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
OHIO AVE
CHESTNUT AVE
N SHELBY CT
Packet Page. 435
RIALTO AVE
AT & SF
PEPPER AV
0 100 20050 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1050
Landscaping 5,155 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 436
0 100 20050 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1051
Landscaping 690 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
OHIO AVE
BELMONT AVE
OLIVE AVENUE
Packet Page. 437
BELMONT AVE
MEYERS RD
CHESTNUT AVE
SHANON LN
0 150 30075 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1052
Landscaping 32,519 sq. ft. Trail 21,313 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 438
NORTH
COLONY
WAY
VALLES DRIV
CAMPUS
PKWY
0 100 20050 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1054
Landscaping 28,265 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 439
OHIO AVE
ASHTON
CT
NORTH
COLONY
WAY
CHRISTINE
ST
AUBREY
BELMONT AVE
REDWOOD ST
CHRISTOPHER ST
PINE AVE
AKRON ST
KENDALL DR
0 350 700175 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1055
Landscaping 120,680 sq. ft. Catch Basin 4 Sewer Lift
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 440
MAGNOLIA AVE
ANTIQUE
ST
CATHEDRAL CT
VERDEMONT DR
GARFIELD ST
BAROQUE CT
OHIO ST
0 140 28070 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1056
Detention Basin Landscaping 41,325 sq. ft. Fuel Mod
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 441
INTERCHANGE
DR
MIKE DALEY DR
CAJON BLVD §¨¦215
0 290 580145 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1057
Landscaping 188,261 sq. ft. Detention Basin
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 442
TIPPECANOE
(ORIG)
AVE
SANTA
ANA
RIV
TIPPECANOE AVE
COOLEY
AVE
GAGE CL
ORANGE
SHOW
RD
TIPPECANOE AVE
0 140 28070 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1059
Landscaping 7,073 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 443
DATE ST
CHIQUITA LN
0 90 18045 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1060
Landscaping 6,747 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 444
CENTRAL AVE
SANTA
ANA
RIV
NORMAN RD
CLEVENGER DR
LENA RD
VALLEY
VIEW
AVE
ORANGE SHOW RD
0 250 500125 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1063
Landscaping 160,173 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 445
SBCFCD
A.T.&S.F.
RR
GLEN
HELEN
PKWY
CAJON BLVD
§¨¦215
0 400 800200 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1064
Landscaping 304,508 sq. ft.
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 446
SAN BERNARDINO AVE
MOUNTAIN
VIEW
AVE
RIVERVIEW DR
SANTA ANA RIV
STERLING AVE
TIPPECANOE AVE
0 600 1,200300 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1068
Landscaping 37,982 sq. ft. Detention Basin 1 Storm Drain 1
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
Packet Page. 447
Appendix C:
MAD District Cost Summary
Packet Page. 448
MAD No. 1028 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $9,309.94 $9,496.13 Maintenance of Trees/Irrigation $330.26 $336.86
Irrigation Costs (Water and Energy) $2,997.08 $3,057.02 Total Direct Costs $12,637.27 $12,890.02
Indirect Costs
Assessment Engineer $1,018.68 $1,080.72
City Administration $1,187.84 $1,187.84
Auditor-Controller $22.80 $22.80
Total Indirect Costs $2,229.32 $2,291.36
Total Costs $14,866.59 $15,181.38
Collection/(Contribution)
Operating Reserve $0.00 $70.30
Capital Replacement $0.00 $0.00
City Contribution ($1,211.43) ($1,252.96)
General Benefit Contribution ($136.01) ($138.89)
Total Adjustments ($1,347.44) ($1,321.55)
Total Assessment $13,519.15 $13,859.83
Estimated through June 30
Packet Page. 449
MAD No. 1029 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Turf/Irrigation $4,333.00 $4,419.66
Maintenance of Trees/Irrigation $287.10 $292.84
Irrigation Costs (Water and Energy) $1,733.20 $1,767.86 Total Direct Costs $6,353.30 $6,480.36
Indirect Costs
Assessment Engineer $494.48 $524.59
City Administration $432.71 $432.71
Auditor-Controller $11.40 $11.40
Total Indirect Costs $938.59 $968.70
Total Costs $7,291.88 $7,449.06
Collection/(Contribution)
Operating Reserve $4.24 $264.37
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($532.31) ($543.78)
Total Adjustments ($528.07) ($279.41)
Total Assessment $6,763.82 $7,169.65
Estimated through June 30
Packet Page. 450
MAD No. 1030 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $4,324.88 $4,411.38 Maintenance of Trees/Irrigation $96.43 $98.36
Irrigation Costs (Water and Energy) $2,162.44 $2,205.69 Total Direct Costs $6,583.75 $6,715.43
Indirect Costs
Assessment Engineer $562.77 $597.04
City Administration $389.37 $389.37
Auditor-Controller $14.10 $14.10
Total Indirect Costs $966.24 $1,000.51
Total Costs $7,549.99 $7,715.94
Collection/(Contribution)
Operating Reserve $414.24 $716.92
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($266.56) ($272.42)
Total Adjustments $147.67 $444.50
Total Assessment $7,697.66 $8,160.44
Estimated through June 30
Packet Page. 451
MAD No. 1031 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Turf/Irrigation $15,741.88 $16,056.71
Maintenance of Trees/Irrigation $393.55 $401.42
Irrigation Costs (Water and Energy) $6,296.74 $6,422.68 Total Direct Costs $22,432.16 $22,880.81
Indirect Costs
Assessment Engineer $2,106.38 $2,234.66
City Administration $1,953.86 $1,953.86
Auditor-Controller $32.10 $32.10
Total Indirect Costs $4,092.34 $4,220.62
Total Costs $26,524.50 $27,101.43
Collection/(Contribution)
Operating Reserve $1,429.71 $1,557.23
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution $0.00 $0.00
Total Adjustments $1,429.71 $1,557.23
Total Assessment $27,954.21 $28,658.66
Estimated through June 30
Packet Page. 452
MAD No. 1032 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $2,993.16 $3,053.03 Maintenance of Trees/Irrigation $351.64 $358.68
Irrigation Costs (Water and Energy) $1,496.58 $1,526.51 Total Direct Costs $4,841.39 $4,938.22
Indirect Costs
Assessment Engineer $544.69 $577.86
City Administration $405.99 $405.99
Auditor-Controller $19.20 $19.50
Total Indirect Costs $969.87 $1,003.35
Total Costs $5,811.26 $5,941.56
Collection/(Contribution)
Operating Reserve $1,638.34 $2,078.74
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution $0.00 $0.00
Total Adjustments $1,638.34 $2,078.74
Total Assessment $7,449.60 $8,020.30
Estimated through June 30
Packet Page. 453
MAD No. 1035 Zone 1 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $7,596.14 $7,748.06 Maintenance of Trees/Irrigation $623.15 $635.61
Irrigation Costs (Water and Energy) $3,798.06 $3,874.03 Total Direct Costs $12,017.35 $12,257.70
Indirect Costs
Assessment Engineer $989.79 $1,050.07
City Administration $1,104.09 $1,104.09
Auditor-Controller $9.00 $9.00
Total Indirect Costs $2,102.87 $2,163.16
Total Costs $14,120.22 $14,420.85
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution ($799.19) ($307.73)
General Benefit Contribution ($185.34) ($189.28)
Total Adjustments ($984.52) ($497.01)
Total Assessment $13,135.70 $13,923.84
Estimated through June 30
Packet Page. 454
MAD No. 1035 Zone 2 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $662.90 $676.16 Maintenance of Trees/Irrigation $100.44 $102.45
Irrigation Costs (water and energy) $331.45 $338.08
Total Direct Costs $1,094.79 $1,116.69
Indirect Costs
Assessment Engineer $153.18 $162.51
City Administration $178.14 $178.14
Auditor-Controller $3.90 $3.90
Total Indirect Costs $335.22 $344.55
Total Costs $1,430.02 $1,461.24
Collection/(Contribution)
Operating Reserve $674.41 $695.98
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($71.50) ($73.06)
Total Adjustments $602.91 $622.91
Total Assessment $2,032.92 $2,084.15
Estimated through June 30
Packet Page. 455
MAD No. 1036 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Turf/Irrigation $5,336.49 $5,443.22
Maint. of Groundcover/Shrubs/Irrigation/Slope/DG Trails $58,493.13 $59,663.00 Maint. of Fuel-Mod Slope/Irrigation/Drain. Ditches/DG Trails $15,751.59 $16,066.62 Maintenance of Trees/Irrigation $1,770.56 $1,805.97
Maintenance of Hardscape, Monument Signs and Lighting $1,627.87 $1,660.42 Irrigation Costs (Water and Energy) $76,266.96 $77,792.30 Maintenance of Maxwell Drains $10,555.64 $10,766.75
Maintenance of Exercise Stations/Gazebos/Benches $3,067.02 $3,128.36 Total Direct Costs $172,869.26 $176,326.65
Indirect Costs
Assessment Engineer $19,708.74 $20,909.00
City Administration $12,697.66 $12,697.66
Auditor-Controller $75.00 $75.00
Total Indirect Costs $32,481.40 $33,681.66
Total Costs $205,350.66 $210,008.30
Collection/(Contribution)
Operating Reserve $59,658.30 $61,670.85
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($3,451.10) ($3,530.04)
Total Adjustments $56,207.20 $58,140.81
Total Assessment $261,557.86 $268,149.11
Estimated through June 30
Packet Page. 456
MAD No. 1037 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Turf/Irrigation $1,500.19 $1,530.20
Maintenance of Ground Cover/Shrubs/Irrigation $2,844.04 $2,900.92 Maintenance of Trees/Irrigation $371.85 $379.28
Irrigation Costs (Water and Energy) $2,172.12 $2,215.56 Total Direct Costs $6,888.20 $7,025.96
Indirect Costs
Assessment Engineer $448.98 $476.32
City Administration $149.82 $149.82
Auditor-Controller $9.90 $9.90
Total Indirect Costs $608.70 $636.04
Total Costs $7,496.90 $7,662.01
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution ($1,126.51) ($918.08)
General Benefit Contribution ($228.66) ($233.69)
Total Adjustments ($1,355.17) ($1,151.77)
Total Assessment $6,141.73 $6,510.24
Estimated through June 30
Packet Page. 457
MAD No. 1038 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Landscape Maintenance $5,202.00 $5,306.04
Total Direct Costs $5,202.00 $5,306.04
Indirect Costs
Assessment Engineer $272.52 $289.12
City Administration $0.00 $0.00
Auditor-Controller $10.80 $10.80
Total Indirect Costs $283.32 $299.92
Total Costs $5,485.32 $5,605.96
Collection/(Contribution)
Operating Reserve $50.10 $67.69
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($394.94) ($403.63)
Total Adjustments ($344.84) ($335.94)
Total Assessment $5,140.48 $5,270.02
Estimated through June 30
Packet Page. 458
MAD No. 1039 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Turf/Irrigation $1,053.52 $1,074.59
Maintenance of Ground Cover/Shrubs/Irrigation $6,044.54 $6,165.43 Maintenance of 3 Rail Trail Separation Vinyl Fence $209.19 $213.37 Maintenance of Trees/Irrigation $877.93 $895.48
Maintenance of Hardscape/Monument Signs/Trail/Lighting $2,389.18 $2,436.96 Irrigation Costs (Water and Energy) $3,549.02 $3,620.00 Total Direct Costs $14,123.38 $14,405.85
Indirect Costs
Assessment Engineer $1,164.85 $1,235.79
City Administration $593.39 $593.39
Auditor-Controller $38.10 $38.10
Total Indirect Costs $1,796.34 $1,867.28
Total Costs $15,919.72 $16,273.13
Collection/(Contribution)
Operating Reserve $704.87 $1,322.81
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($691.17) ($706.51)
Total Adjustments $13.70 $616.30
Total Assessment $15,933.42 $16,889.43
Estimated through June 30
Packet Page. 459
MAD No. 1040 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $5,476.79 $5,586.33 Maintenance of SBFCD Fuel-Mod Thinning Area $3,673.44 $3,746.91 Maintenance of Trees/Irrigation $376.69 $384.23
Irrigation Costs (Water and Energy) $2,190.52 $2,234.33 Total Direct Costs $11,717.44 $11,951.79
Indirect Costs
Assessment Engineer $1,316.19 $1,396.34
City Administration $492.42 $492.42
Auditor-Controller $13.80 $13.80
Total Indirect Costs $1,822.40 $1,902.56
Total Costs $13,539.85 $13,854.35
Collection/(Contribution)
Operating Reserve $3,927.56 $4,053.23
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution $0.00 $0.00
Total Adjustments $3,927.56 $4,053.23
Total Assessment $17,467.40 $17,907.58
Estimated through June 30
Packet Page. 460
MAD No. 1041 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $1,398.48 $1,426.45 Maintenance of Slope Area $3,695.72 $3,769.64
Maintenance of Trees/Irrigation $989.50 $1,009.30
Irrigation Costs (Water and Energy) $3,702.44 $3,776.49 Total Direct Costs $9,786.15 $9,981.87
Indirect Costs
Assessment Engineer $928.26 $984.79
City Administration $746.56 $746.56
Auditor-Controller $5.10 $5.10
Total Indirect Costs $1,679.92 $1,736.45
Total Costs $11,466.07 $11,718.32
Collection/(Contribution)
Operating Reserve $1,348.06 $1,860.25
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($115.81) ($118.36)
Total Adjustments $1,232.25 $1,741.90
Total Assessment $12,698.32 $13,460.22
Estimated through June 30
Packet Page. 461
MAD No. 1042 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $34,406.16 $35,094.28 Maintenance of Trees/Irrigation $1,221.38 $1,245.81
Irrigation Costs (Water and Energy) $18,349.94 $18,716.94 Maintenance of City Fuel-Mod Thinning Area $11,203.92 $11,428.00 Total Direct Costs $65,181.40 $66,485.03
Indirect Costs
Assessment Engineer $5,813.76 $6,167.82
City Administration $6,889.83 $6,889.83
Auditor-Controller $21.60 $21.60
Total Indirect Costs $12,725.19 $13,079.25
Total Costs $77,906.59 $79,564.28
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution ($750.88) ($464.24)
General Benefit Contribution $0.00 $0.00
Total Adjustments ($750.88) ($464.24)
Total Assessment $77,155.71 $79,100.04
Estimated through June 30
Packet Page. 462
MAD No. 1043 Zone 1 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Turf/Irrigation $4,603.56 $4,695.63
Maintenance of Trees/Irrigation $404.36 $412.45
Irrigation Costs (Water and Energy) $1,841.43 $1,878.25 Total Direct Costs $6,849.34 $6,986.33
Indirect Costs
Assessment Engineer $648.55 $688.04
City Administration $619.73 $619.73
Auditor-Controller $12.30 $12.30
Total Indirect Costs $1,280.58 $1,320.07
Total Costs $8,129.92 $8,306.40
Collection/(Contribution)
Operating Reserve $1,030.85 $1,083.28
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($553.78) ($565.80)
Total Adjustments $477.07 $517.48
Total Assessment $8,606.99 $8,823.89
Estimated through June 30
Packet Page. 463
MAD No. 1043 Zone 2 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $9,541.89 $9,732.73 Maintenance of Trees/Irrigation $41.04 $41.86
Irrigation Costs (water and energy) $3,816.75 $3,893.08 Total Direct Costs $13,399.67 $13,667.67
Indirect Costs
Assessment Engineer $1,178.73 $1,250.51
City Administration $1,096.58 $1,096.58
Auditor-Controller $14.10 $14.10
Total Indirect Costs $2,289.40 $2,361.19
Total Costs $15,689.08 $16,028.85
Collection/(Contribution)
Operating Reserve $0.00 $552.88
Capital Replacement $0.00 $0.00
City Contribution ($45.93) $0.00
General Benefit Contribution $0.00 $0.00
Total Adjustments ($45.93) $552.88
Total Assessment $15,643.14 $16,581.73
Estimated through June 30
Packet Page. 464
MAD No. 1045 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Turf/Irrigation $7,475.12 $7,624.63
Maintenance of Ground Cover/Shrubs/Irrigation $1,286.61 $1,312.34 Maintenance of Trees/Irrigation $1,843.15 $1,880.01
Maintenance of Hardscape, Monument Signs and Lighting $347.29 $354.24 Irrigation Costs (Water and Energy) $4,380.87 $4,468.49 Total Direct Costs $15,333.05 $15,639.71
Indirect Costs
Assessment Engineer $867.67 $920.51
City Administration $1,027.26 $1,027.26
Auditor-Controller $3.90 $3.90
Total Indirect Costs $1,898.83 $1,951.67
Total Costs $17,231.88 $17,591.39
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution ($3,132.12) ($3,147.52)
General Benefit Contribution ($2,584.78) ($2,638.71)
Total Adjustments ($5,716.90) ($5,786.23)
Total Assessment $11,514.98 $11,805.16
Estimated through June 30
Packet Page. 465
MAD No. 1046 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $3,249.25 $3,314.23 Maintenance of Trees/Irrigation $849.70 $866.69
Irrigation Costs (Water and Energy) $1,299.69 $1,325.68 Total Direct Costs $5,398.63 $5,506.61
Indirect Costs
Assessment Engineer $520.60 $552.31
City Administration $613.12 $613.12
Auditor-Controller $5.70 $5.70
Total Indirect Costs $1,139.43 $1,171.13
Total Costs $6,538.06 $6,677.74
Collection/(Contribution)
Operating Reserve $625.98 $665.85
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($254.98) ($260.43)
Total Adjustments $370.99 $405.42
Total Assessment $6,909.05 $7,083.16
Estimated through June 30
Packet Page. 466
MAD No. 1047 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $2,457.22 $2,506.36 Maintenance of Thinning Area $121.20 $123.62
Maintenance of Hardscape and Trail $468.12 $477.49
Maintenance of Trees/Irrigation $576.61 $588.14
Irrigation Costs (Water and Energy) $1,638.15 $1,670.91 Total Direct Costs $5,261.30 $5,366.53
Indirect Costs
Assessment Engineer $523.42 $555.29
City Administration $485.79 $485.79
Auditor-Controller $2.40 $2.40
Total Indirect Costs $1,011.61 $1,043.48
Total Costs $6,272.91 $6,410.01
Collection/(Contribution)
Operating Reserve $887.21 $1,179.72
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution $0.00 $0.00
Total Adjustments $887.21 $1,179.72
Total Assessment $7,160.12 $7,589.73
Estimated through June 30
Packet Page. 467
MAD No. 1048 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $2,342.99 $2,389.85 Maintenance of Trees/Irrigation $1,119.47 $1,141.85
Irrigation Costs (Water and Energy) $1,249.59 $1,274.58 Total Direct Costs $4,712.05 $4,806.29
Indirect Costs
Assessment Engineer $588.43 $624.27
City Administration $496.39 $496.39
Auditor-Controller $6.00 $6.00
Total Indirect Costs $1,090.83 $1,126.66
Total Costs $5,802.87 $5,932.95
Collection/(Contribution)
Operating Reserve $2,312.00 $2,666.34
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($65.67) ($67.14)
Total Adjustments $2,246.33 $2,599.20
Total Assessment $8,049.20 $8,532.15
Estimated through June 30
Packet Page. 468
MAD No. 1049 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $0.00 $2,439.15 Maintenance of Trees/Irrigation $0.00 $1,564.09
Maintenance of Drainage Easement $0.00 $2,278.09
Total Direct Costs $0.00 $6,281.33
Indirect Costs
Assessment Engineer $0.00 $500.00
City Administration $0.00 $744.60
Auditor-Controller $0.00 $4.50
Total Indirect Costs $0.00 $1,249.10
Total Costs $0.00 $7,530.43
Collection/(Contribution)
Operating Reserve $0.00 $85.83
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution $0.00 ($250.05)
Total Adjustments $0.00 ($164.21)
Total Assessment $0.00 $7,366.22
Estimated through June 30
Packet Page. 469
MAD No. 1050 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Turf/Irrigation $1,057.01 $1,078.15
Maintenance of Ground Cover/Shrubs/Irrigation $209.81 $214.00 Maintenance of Trees/Irrigation $2,088.98 $2,130.76
Irrigation Costs (water and energy) $633.42 $646.08
Total Direct Costs $3,989.22 $4,069.00
Indirect Costs
Assessment Engineer $359.94 $381.86
City Administration $345.68 $345.68
Auditor-Controller $4.20 $4.20
Total Indirect Costs $709.82 $731.74
Total Costs $4,699.04 $4,800.74
Collection/(Contribution)
Operating Reserve $890.51 $1,098.64
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($665.75) ($680.16)
Total Adjustments $224.76 $418.48
Total Assessment $4,923.80 $5,219.23
Estimated through June 30
Packet Page. 470
MAD No. 1052 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $4,999.74 $5,099.74 Maintenance of Trees/Irrigation $5,073.70 $5,175.17
Irrigation Costs (Water and Energy) $2,499.88 $2,549.88 Maintenance of AC/DG Trail System $1,319.81 $1,346.20
Maintenance of Hardscape, Monument, Trail, Lighting, Wall, Fence $743.11 $757.97 Maintenance of Vinyl Trail Separation Fence $417.99 $426.35 Total Direct Costs $15,054.23 $15,355.31
Indirect Costs
Assessment Engineer $1,179.91 $1,251.76
City Administration $710.19 $710.19
Auditor-Controller $16.20 $16.20
Total Indirect Costs $1,906.30 $1,978.15
Total Costs $16,960.53 $17,333.46
Collection/(Contribution)
Operating Reserve $743.01 $1,372.88
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($1,562.94) ($1,597.30)
Total Adjustments ($819.93) ($224.43)
Total Assessment $16,140.60 $17,109.04
Estimated through June 30
Packet Page. 471
MAD No. 1054 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Turf/Irrigation $848.57 $865.54
Maintenance of Ground Cover/Shrubs/Irrigation $3,204.79 $3,268.89 Maintenance of Trees/Irrigation $762.41 $777.66
Irrigation Costs (Water and Energy) $2,026.68 $2,067.22 Maintenance of Hardscape, Monument Signs and Lighting $227.89 $232.44 Total Direct Costs $7,070.34 $7,211.75
Indirect Costs
Assessment Engineer $743.63 $788.92
City Administration $753.30 $753.30
Auditor-Controller $6.60 $6.60
Total Indirect Costs $1,503.53 $1,548.82
Total Costs $8,573.87 $8,760.57
Collection/(Contribution)
Operating Reserve $2,101.38 $2,180.94
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($806.37) ($823.92)
Total Adjustments $1,295.02 $1,357.02
Total Assessment $9,868.89 $10,117.59
Estimated through June 30
Packet Page. 472
MAD No. 1055 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Turf/Irrigation $10,059.91 $10,261.11
Maintenance of Ground Cover/Shrubs/Irrigation/ DG Trail $5,230.75 $5,335.37 Maintenance of Trees/Irrigation $2,117.28 $2,159.62
Irrigation Costs (Water and Energy) $5,110.27 $5,212.47 Annual Lease Costs for Maintenance of MWD Property $1,409.25 $1,437.44 Total Direct Costs $23,927.46 $24,406.00
Indirect Costs
Assessment Engineer $1,924.21 $2,041.40
City Administration $1,243.81 $1,243.81
Auditor-Controller $11.70 $11.70
Total Indirect Costs $3,179.72 $3,296.91
Total Costs $27,107.18 $27,702.91
Collection/(Contribution)
Operating Reserve $1,926.20 $2,969.54
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($2,710.72) ($2,770.29)
Total Adjustments ($784.52) $199.25
Total Assessment $26,322.66 $27,902.16
Estimated through June 30
Packet Page. 473
MAD No. 1056 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $319.07 $325.45 Maintenance of Trees/Irrigation $346.00 $352.92
Maintenance of Detention Basin $858.76 $875.94
Irrigation Costs (Water and Energy) $335.48 $342.19
Total Direct Costs $1,859.32 $1,896.51
Indirect Costs
Assessment Engineer $1,579.08 $1,675.25
City Administration $1,804.66 $1,804.66
Auditor-Controller $11.40 $11.40
Total Indirect Costs $3,395.14 $3,491.31
Total Costs $5,254.46 $5,387.81
Collection/(Contribution)
Operating Reserve $15,817.68 $16,215.37
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($115.78) ($118.72)
Total Adjustments $15,701.90 $16,096.65
Total Assessment $20,956.36 $21,484.46
Estimated through June 30
Packet Page. 474
MAD No. 1057 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $9,041.75 $9,222.59 Maintenance of Trees/Irrigation $1,613.64 $1,645.91
Detention Basin Vegetation Abatement $2,115.74 $2,158.05 Detentioin Basin Maintenance $3,772.84 $3,848.30
Irrigation Costs (Water and Energy) $4,520.87 $4,611.29 Total Direct Costs $21,064.84 $21,486.13
Indirect Costs
Assessment Engineer $2,711.47 $2,876.60
City Administration $0.00 $0.00
Auditor-Controller $2.70 $2.70
Total Indirect Costs $2,714.17 $2,879.30
Total Costs $23,779.01 $24,365.43
Collection/(Contribution)
Operating Reserve $10,852.17 $10,305.67
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($1,618.98) ($1,658.91)
Total Adjustments $9,233.19 $8,646.77
Total Assessment $33,012.20 $33,012.20
Estimated through June 30
Packet Page. 475
MAD No. 1059 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Maintenance of Ground Cover/Shrubs/Irrigation $1,489.36 $1,519.15 Irrigation Costs (Water and Energy) $794.33 $810.21
Total Direct Costs $2,283.69 $2,329.36
Indirect Costs
Assessment Engineer $181.00 $192.02
City Administration $36.78 $36.78
Auditor-Controller $1.80 $1.80
Total Indirect Costs $219.58 $230.60
Total Costs $2,503.26 $2,559.96
Collection/(Contribution)
Operating Reserve $75.91 $27.72
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($375.49) ($383.99)
Total Adjustments ($299.58) ($356.28)
Total Assessment $2,203.68 $2,203.68
Estimated through June 30
Packet Page. 476
MAD No. 1060 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Landscape Maintenance $4,100.40 $4,182.41
Utilities Costs $1,764.70 $1,799.99
Total Direct Costs $5,865.10 $5,982.40
Indirect Costs
Assessment Engineer $211.27 $224.14
City Administration $114.56 $114.56
Auditor-Controller $1.50 $1.50
Total Indirect Costs $327.33 $340.20
Total Costs $6,192.43 $6,322.60
Collection/(Contribution)
Operating Reserve $0.00 $29.06
Capital Replacement $0.00 $0.00
City Contribution ($603.40) ($621.79)
General Benefit Contribution $0.00 $0.00
Total Adjustments ($603.40) ($592.72)
Total Assessment $5,589.03 $5,729.87
Estimated through June 30
Packet Page. 477
MAD No. 1063 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Landscape Maintenance $8,323.20 $8,489.66
Total Direct Costs $8,323.20 $8,489.66
Indirect Costs
Assessment Engineer $404.98 $429.65
City Administration $0.00 $0.00
Auditor-Controller $2.40 $2.40
Total Indirect Costs $407.38 $432.05
Total Costs $8,730.58 $8,921.71
Collection/(Contribution)
Operating Reserve $4.31 $85.43
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($11.76)
General Benefit Contribution ($191.48) ($195.68)
Total Adjustments ($187.17) ($122.00)
Total Assessment $8,543.41 $8,799.71
Estimated through June 30
Packet Page. 478
MAD No. 1064 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Landscape Maintenance $52,572.02 $53,623.46
Utilities Costs $7.69 $7.84
Total Direct Costs $52,579.71 $53,631.30
Indirect Costs
Assessment Engineer $667.04 $707.66
City Administration $0.00 $0.00
Auditor-Controller $1.50 $1.50
Total Indirect Costs $668.54 $709.16
Total Costs $53,248.25 $54,340.46
Collection/(Contribution)
Operating Reserve $31.74 $244.74
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($7,987.24) ($8,151.07)
Total Adjustments ($7,955.49) ($7,906.33)
Total Assessment $45,292.75 $46,434.13
Estimated through June 30
Packet Page. 479
MAD No. 1068 FY 2025-26 Budget
Direct Costs FY 2024-25 FY 2025-26
Landscape Maintenance $15,912.00 $16,230.24
Detention Basin Vegetation Abatement/Slope Repair $1.60 $1.63 Detention Basin Maintenance Cost - 25 Cubic Yards $6.03 $6.15 Storm Drain Maintenance Cost $7.23 $7.38
Total Direct Costs $15,926.86 $16,245.40
Indirect Costs
Assessment Engineer $88.92 $94.34
City Administration $0.00 $0.00
Auditor-Controller $2.10 $2.10
Total Indirect Costs $91.02 $96.44
Total Costs $16,017.89 $16,341.84
Collection/(Contribution)
Operating Reserve $40.66 $113.46
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($1,593.61) ($1,625.84)
Total Adjustments ($1,552.94) ($1,512.38)
Total Assessment $14,464.94 $14,829.46
Estimated through June 30
Packet Page. 480
Packet Page. 481
Final Engineer’s Report
Fiscal Year 2025-26
Maintenance Assessment Districts
Volume 5
Packet Page. 482
Table of Contents
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
Sections
i. Introduction i
1. Plans and Specifications 1
2. Cost Estimates 2
3. Method of Apportionment of Assessment 6
4. Engineer’s Signature 12
5. Assessment Diagram 13
6. Assessment Rolls 14
Tables
Table 2-1 MAD No. 1022 Zone 1 FY 2025-26 Budget 3
Table 2-2 MAD No. 1022 Zone 2 FY 2025-26 Budget 4
Table 2-3 MAD No. 1022 Zone 3 FY 2025-26 Budget 5
Table 3-1 Maximum Assessment Rates 10
Appendices
Appendix A – Assessment Rolls
Appendix B – Assessment Diagram
Packet Page. 483
i. Introduction Page | i
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
AGENCY: CITY OF SAN BERNARDINO
PROJECT: MAINTENANCE ASSESSMENT DISTRICTS ENGINEER REPORT TO: CITY COUNCIL
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ENGINEER’S REPORT PURSUANT TO THE "ASSESSMENT LAW"
Pursuant to direction from the City Council (the “City Council”) of the City of San Bernardino (the “City”), State of California, submitted herewith is the Engineer’s Report (the “Report”) for Maintenance Assessment District No. 1022 (the “District”), consisting of the following parts, pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), and which is in accordance with Resolution No. 2025-274 adopted by the City of San Bernardino City Council, San Bernardino County, California ordering preparation of this Report. This Report is applicable for the ensuing 12-month period, being the Fiscal Year commencing July 1, 2025, to June 30, 2026.
Section 1 PLANS AND SPECIFICATIONS including a general description of the maintenance and plans of the landscaping , irrigation systems and street lighting proposed to be funded.
Section 2 A COST ESTIMATE of maintaining the landscaping, irrigation systems and street lighting including incidental costs and expenses in connection therewith for Fiscal Year 2025-26, is as set forth on the lists thereof, attached hereto.
Section 3 The METHOD OF APPORTIONMENT OF ASSESSMENT contains the method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon several lots and parcels of land within the District, in proportion to the estimated benefits to be received by such lots and parcels.
Section 5 ASSESSMENT DIAGRAM showing the District, the lines and dimensions of each parcel of land within said District, as the same exists on the maps of the County of San Bernardino Assessor for Fiscal Year 2025-26, is filed in the offices of the City of San Bernardino. An Assessment Diagram of each zone can be found in Appendix B.
Section 6 ASSESSMENT ROLLS showing the actual assessment for the Fiscal Year 2025- 26 apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s Office can be found in Appendix A.
Maintenance
Assessment District Name
Actual
Assessment
per Unit ($)
Maximum Assessment
per Unit ($)
MAD No. 1022 Zone 1 San Bernardino International Airport/Alliance-California $118.58 $217.10 MAD No. 1022 Zone 2 San Bernardino International Airport/Alliance-California $132.83 $132.83 MAD No. 1022 Zone 3 San Bernardino International Airport/Alliance-California $107.31 $127.14
Packet Page. 484
i. Introduction Page | ii
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
Background
The City Council of the City of San Bernardino approved the formation of MAD No. 1022 in 2006. The District was formed pursuant to the requirements of the Assessment Law.
The District was formed to provide a source of funds for the improvements which may include, but are not limited to: landscaping, planting, shrubbery, trees, turf, irrigation and drainage systems, trails, hardscapes, walls, site lighting and appurtenant facilities. The Report sets forth the methodology to be used in apportioning the assessment to the different land use types within the City based upon the benefit they receive.
There are 13 commercial parcels within Zone 1. There are 10 commercial parcels within Zone 2. There are 17 commercial parcels within Zone 3. No further subdivision of the parcels is anticipated.
The boundaries of MAD No. 1022 Zone 1 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described as follows:
The centerline of Tippecanoe Avenue on the west, the centerline of 3 rd Street to the north, the centerline of Leland Norton Way to the east and the San Bernardino International Airport to the south.
The boundaries of MAD No. 1022 Zone 2 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described as follows:
The centerline of Lena Road to the west, the centerline of Mill Street to the south and the centerline of Tippecanoe Avenue to the east.
The boundaries of MAD No. 1022 Zone 3 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described as follows:
The centerline of Mill Street to the north, the centerline of Tippecanoe Avenue to the east and the centerline of Central Avenue to the south.
Parcels within this District are assessed their proportionate share of the cost for the maintenance of local improvements including, but not limited to, landscaping facilities. These improvements provide a special benefit to those parcels due to their nature and location.
Designation of Maintenance Assessment District/Zones:
For your reference, you can find the following Maintenance Assessment Districts within the corresponding Volumes listed below:
Volume 1: MAD 951 (Zone 1), MAD 951 (Zone 2), MAD 952 (Zone 1, 2 and 2A) , MAD 952 (Zone 3), MAD 953, MAD 956, MAD 959 (Zone 1), MAD 962, MAD 963, MAD 968, MAD 974, MAD 975, MAD 976, MAD 981, MAD 982, MAD 986, MAD 989, MAD 991, MAD 993, MAD 997, MAD 1001, MAD 1002, MAD 1005, MAD 1007, MAD 1012, and MAD 1016. These Maintenance Assessment Districts listed are contained within Volume 1 and does not contain an annual escalator.
Volume 2: MAD 1017, MAD 1019, MAD 1020, MAD 1023 and MAD 1024. These Maintenance Assessment Districts listed are contained within Volume 2 and does contain an annual CPI escalator only.
Volume 3: MAD 1025 and MAD 1027. These Maintenance Assessment Districts listed are contained within Volume 3 and has a 25% general benefit of major arterial streets, 20% general benefit of secondary arterial streets, 15% general benefit of collecto r streets, and 100% special benefit of the local streets. These Maintenance Assessment Districts listed are contained in Volume 3 and contains an annual escalator of 5% or CPI, whichever is less with other direct and special benefit requirements only pertaining to these Maintenance Districts.
Volume 4: MAD 1028, MAD 1029, MAD 1030, MAD 1031, MAD 1032, MAD 1035 (Zone 1), MAD 1035 (Zone 2), MAD 1036, MAD 1037, MAD 1038, MAD 1039, MAD 1040, MAD 1041, MAD 1042, MAD 1043 (Zone 1), MAD 1043 (Zone 2), MAD 1045, MAD 1046, MAD 1047, MAD 1048, , MAD 1049, MAD 1050, MAD 1051, MAD 1052, MAD 1054, MAD 1055, MAD 1056, MAD 1057, MAD 1059, MAD 1060, MAD 1063, MAD 1064, and MAD 1068. These Maintenance Assessment Districts listed are contained within Volume 4 and contains an annual escalator of 5% or CPI, whichever is less.
Packet Page. 485
i. Introduction Page | iii
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
Volume 5: MAD 1022 (Zone 1), MAD 1022 (Zone 2) and MAD 1022 (Zone 3). These Maintenance Assessment Districts listed are contained within Volume 5 and contains an annual escalator of 5% or CPI, whichever is less with other direct and special bene fit requirements only pertaining to these Maintenance Districts.
Packet Page. 486
i. Introduction Page | iv
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
Current Annual Administration
As required by the Assessment Law, the Report includes: (1) a description of the improvements to be operated, maintained and serviced by the District, (2) an estimated budget for the District, and (3) a listing of the proposed Fiscal Year 2025- 26 assessments to be levied upon each assessable lot or parcel within the District.
The City of San Bernardino will hold a Public Hearing on July 16, 2025, regarding the District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.
Packet Page. 487
1. Plans and Specifications Page | 1
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
Description of Improvements
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1022 Zone 1. The improvements to be maintained include 89,550 sq. ft. of landscaping (including one tree), streetlighting and all appurtenances along portions of Tippecanoe Avenue, Harry Shepard Boulevard, Del Rosa Drive , Third Street and Leland Norton Way. Street lighting shall also include traffic signals and all appurtenances thereto.
In Zone 2 the improvements to be maintained include 22,200 sq. ft. of landscaping (including one tree), streetlighting and all appurtenances along portions of Lena Road Mill Street and Tippecanoe Avenue. Street lighting shall also include traffic signals and all appurtenances thereto.
In Zone 3 the improvements to be maintained include 5,657 sq. ft. of landscaping (including one tree), streetlighting and all appurtenances along portions of Mill Street, Tippecanoe Avenue and Central Avenue. Street lighting shall also include traffic signals and all appurtenances thereto.
An Assessment Diagram showing the maintained area is provided in Appendix B of this Report.
Packet Page. 488
2. Cost Estimates Page | 2
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
The cost estimate contains each of the items specified in the Assessment Law.
The Assessment Law provides that the estimated costs of the improvements shall include the total cost of the improvements for the entire Fiscal Year 2025-26, including incidental expenses, which may include operating reserves.
The Assessment Law also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within the District is the total cost of installation, maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.
The District includes an annual inflation factor for future increases in assessments by a percentage equal to the increase in the Consumer Price Index for all Urban Consumers (“CPI -U”) for the Riverside -San Bernardino-Ontario California Standard Metropolitan Statistical area, as published by the Bureau of Labor Statistics of the United States Department of Labor, Bureau of Labor St atistics over the previous year, or 5%, whichever is less.
There is a 2.52% proposed inflationary increase in the assessment per acre or per parcel as applicable over the assessment levied for Fiscal Year 2024-25, which is consistent with the ballot proposition approved by the qualified electors when establishing said District.
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2. Cost Estimates Page | 3
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
Table 2-1
MAD No. 1022 Zone 1 FY 2025-26 Budget
Estimated through June 30
Direct Costs FY 2024-25 FY 2025-26
Total EDU's 297.28
Common Area Maintenance $33,954.85 $34,633.95
Percent of Zone 1 Common Area Maintenance -10.00% -10.00% Prorated Zone 1 Amount ($3,349.80) ($3,422.20)
Percent of Timber Creek 63.00% 63.00%
Prorated Timber Creek Amount $1,781.04 $1,816.66
Total Direct Costs $32,386.09 $33,028.41
Indirect Costs
Assessment Engineer $2,599.36 $2,757.66
City Administration $2,187.47 $2,187.47
Auditor-Controller $4.50 $4.50
Total Indirect Costs $4,791.33 $4,949.63
Total Costs $37,177.42 $37,978.05
Collection/(Contribution)
Operating Reserve $2,455.06 $2,634.43
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($5,248.17) ($5,361.60)
Total Adjustments ($2,793.11) ($2,727.17)
Total Assessment $34,384.31 $35,250.88
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2. Cost Estimates Page | 4
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
Table 2-2
MAD No. 1022 Zone 2 FY 2025-26 Budget
Estimated through June 30
Direct Costs FY 2024-25 FY 2025-26
Total EDU's 153.59
Common Area Maintenance $14,900.34 $15,198.35
Percent of Zone 1 Common Area Maintenance 5.00% 5.00%
Prorated Zone 1 Amount $1,435.33 $1,463.62
Percent of Timber Creek 37.42% 37.42%
Prorated Timber Creek Amount $1,057.79 $1,078.95
Total Direct Costs $17,393.47 $17,740.92
Indirect Costs
Assessment Engineer $1,499.41 $1,590.73
City Administration $1,773.76 $1,773.76
Auditor-Controller $2.40 $2.40
Total Indirect Costs $3,275.57 $3,366.89
Total Costs $20,669.04 $21,107.80
Collection/(Contribution)
Operating Reserve $1,517.03 $1,628.28
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($2,287.03) ($2,335.58)
Total Adjustments ($770.00) ($707.30)
Total Assessment $19,899.04 $20,400.51
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2. Cost Estimates Page | 5
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
Table 2-3
MAD No. 1022 Zone 3 FY 2025-26 Budget
Estimated through June 30
Direct Costs FY 2024-25 FY 2025-26
Total EDU's 100.20
Common Area Maintenance $7,699.58 $7,853.58
Percent of Zone 1 Common Area Maintenance 5.00% 5.00%
Prorated Zone 1 Amount $1,435.33 $1,463.62
Total Direct Costs $9,134.92 $9,317.19
Indirect Costs
Assessment Engineer $790.31 $838.43
City Administration $896.88 $896.88
Auditor-Controller $4.50 $4.50
Total Indirect Costs $1,691.68 $1,739.81
Total Costs $10,826.60 $11,057.00
Collection/(Contribution)
Operating Reserve $602.92 $656.75
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($951.34) ($971.81)
Total Adjustments ($348.41) ($315.06)
Total Assessment $10,478.18 $10,741.94
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3. Method of Apportionment of Assessment Page | 6
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
Changes in Organization
There are no changes in organization for Fiscal Year 2025-26.
Proposition 218 Compliance
On November 5, 1996 California voters approved Proposition 218 entitled “Right to Vote on Taxes Act” which added Article XIII D to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are descr ibed below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the C ity will need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).
Proposition 218 does not define this term “streets”, however, based on the opinions of the public agency officials, attorneys, assessment engineers, and Senate Bill 919, it has been determined that streets include all public improvements located within the street right-of- way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property”, California Constitution, Article XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements which a local government must follow to levy an assessment. In addition to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.” By its nature most every public improvement financed through an assessment district contains an element of public benefit. The test is:
does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost of the improvement which benefits the public generally, to be separated from that portion of the cost of the improvement which specially benefits assessed properties. Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large. General enhancement of property value does not constitute “special benefit”.
The actual assessment and the amount of the assessment for the Fiscal Year 2025-26 apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part of the records of the County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
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3. Method of Apportionment of Assessment Page | 7
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
Direct and Special Benefit
The maintenance of landscaping, groundcover, shrubs, trees, irrigation and detention basin provides direct and special benefit to those properties located within MAD No. 1022.
Each and every lot or parcel within the District, receives a particular and distinct benefit from the improvements over and above general benefits conferred by the improvements. First, improvements were conditions of approval for the creation or development of the parcels.
In order to create or develop the parcels, the City required the original developer to install and/or guarantee the maintenance of the improvements, and appurtenant facilities serving the lots or parcels. Therefore, each and every lot or parcel within the District could not have been developed in the absence of the installation and expected maintenance of these facilities.
In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the District because of the nature of the improvements. The proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement, and appurtenant facilities specially benefit parcels within the D istrict by moderating temperatures, providing oxygenation, attenuating noise from adjacent streets and controlling dust for those properties in close proximity to the landscaping. Improved erosion and water quality control, dust abatement, increased public safety (e.g. , control sight distance restrictions and fire hazards), improved neighborhood property protection and aesthetics, controlling or restricting the flow of traffic into and out of the development, increasing public safety for both pedestrians and the motoring public, and increasing traffic safety by improving visibility. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping located throughout the properties within the District. Streetlights also provide safe ty for pedestrians and motorists living and owning property in the District during the nighttime hours, and to assign rights-of-way for the safety of pedestrians and motorists by defining a specific path during all hours of the day.
Streets are constructed for the safe and convenient travel of vehicles and pedestrians. They also provide an area for underground and overhead utilities. These elements are a distinct and special benefit to all developed parcels in the District. Streetlights are installed on and are for street purposes and are maintained and serviced to allow the street to perform to the standards it was designed.
Streetlights are determined to be an integral part of “streets” as a “permanent public improvement.” One of the principal purposes of fixed roadway lighting is to create a nighttime environment conducive to quick, accurate, and comfortable seeing for the user of the facility. These factors, if attained, combine to improve traffic safety and achieve efficient traffic movement. Fixed lighting can enable the motorist to see detail more distinctly and to react safely toward roadway and traffic conditions present on or near the roadway facility.
The system of streets within the District is established to provide access to each parcel in the District. Streetlights provide a safer street environment for owners of the parcels served. If the parcels were not subdivided to provide individual parcels to owners within the District, there would be no need for a system of streets with streetlights. Therefore, the installation of streetlights is for the express, special benefit of the parcels within the District.
The proper maintenance of the landscaping, ornamental structures, and appurtenant facilities reduces property- related crimes (especially vandalism) against properties in the District through the screening of properties within the District from arterial streets.
Finally, the proper maintenance of landscaping, multi -purpose trails, fencing, fossil filters, bio -swales, and graffiti abatement, and appurtenant structures improves the attractiveness of the properties within the District. This provides a positive visual experience each and every time a trip is made to or from the property and provides an enhanced quality of life and sense of well -being for properties within the District.
Because all benefiting properties consist of a uniform land use, it is determined that all lots or parcels benefit equally fr om the improvements and the costs and expenses for the provision of electricity for the streetlights and traffic signals and the maintenance of landscaping, multi -purpose trails, fencing, fossil filters, bio -swales, traffic signals, and bridge lights, and graffiti abatement are apportioned on a per acre, per EDU (Equivalent Dwelling Unit), or per parcel basis.
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3. Method of Apportionment of Assessment Page | 8
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
Based on the benefits described above, landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement are an integral part of the quality of life of the District. This quality of life is a special benefit to those parcels that are not government owned easements, utility easements, and flood channel parcels. Government owned easements, utility easements, and flood channel parcels do not benefit from the improvements due to their use and lack of habitation on such parcels. Parcels of this nature are usually vacant narrow strips of land or flood control channels and therefore do not generate or experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote frequent use of the parcels by the traveling public. As a result of this lack of activity on such parcels they do not receive any benefit from landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement and are not assessed.
General Benefit
The Benefit received by the parcels within the boundaries of the D istrict is determined to be of more than ordinary public benefit, thus each parcel within the District being assessed receives special benefit from the improvements. If the property not within the boundaries of a D istrict also receives some benefit from the improvements, consideration must then be given to a general benefit given by the improvements, which may not be assessed to the parcels within the District. Since the installation and maintenance of the landscaping and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development, it is further determined that the improvements to be maintained by the assessment district are of special benefit to the District only and are 100% assessable to the parcels within the boundaries of the assessment district, except as follows:
1. Areas of maintenance that front on major arterial streets , as determined by the Circulation Plan of the City’s General Plan, are determined to be 15% general benefit and the proportional costs thereof are not assessable to the District.
2. Areas of maintenance that front on secondary arterial streets , as determined by the Circulation Plan of the City’s General Plan, are determined to be 10% general benefit and the proportional costs thereof are not assessable to the District.
3. Areas of maintenance that front on collector streets , as determined by the Circulation Plan of the City’s General Plan, are determined to be 5% general benefit and the proportional costs thereof are not assessable to the District.
4. Areas that front on local streets are determined to be 100% special benefit and are 100% assessable to the District.
These percentages are based on the traffic circulation for the various street classifications.
Tippecanoe Avenue, Third Street, and Del Rosa Drive between Harry Sheppard Boulevard and Third Street are classified as m ajor arterial streets. Lena Road, Mill Street, and Harry Shepard Boulevard between Tippecanoe Avenue and Del Rosa Drive are classified as secondary arterial streets. Rialto Avenue, Mountain View Avenue, Leland Norton Way, Harry Sheppard Boulevard between Del Rosa Drive and Leland Norton Way are classified as collector streets.
Within Zone 1 the major arterial streets comprise 75.6%, the secondary arterial streets comprise 19.7%, and the collector streets comprise 4.7% of the total areas of maintenance. Pursuant to the above determination of benefit, 15% of 75.6% plus 10% of 19. 7% plus 5% of 4.7% of the total cost of maintenance will not be assessed to Zone 1.
The General Benefit is calculated by taking the area of General Benefit and dividing it by the total area to be maintained. The percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is then multiplied by the derived factor from above (5%, 10% and 15%). The result is the General Benefit of 13.55% needed for Zone 1.
Within Zone 2 the major arterial streets comprise 21.3%, the secondary arterial streets comprise 78.7%, and the collector streets comprise 0.0% of the total areas of maintenance. Pursuant to the above determination of benefit, 15% of 21.3% plus 10% of 78.7% of the total cost of maintenance will not be assessed to Zone 2.
The General Benefit is calculated by taking the area of General Benefit and dividing it by the total area to be maintained. The percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is then multiplied by the derived factor from above (5%, 10% and 15%). The result is the General Benefit of 11.07% needed for Zone 2.
Within Zone 3 the major arterial streets comprise 35.9%, the secondary arterial streets comprise 30.8%, and the collector streets comprise 33.3% of the total areas of maintenance. Pursuant to the above determination of benefit, 15% of 35.9% plus 10% of 30.8% plus 5% of 33.3 of the total cost of maintenance will not be assessed to Zone 3.
Packet Page. 495
3. Method of Apportionment of Assessment Page | 9
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
The General Benefit is calculated by taking the area of General Benefit and dividing it by the total area to be maintained. The percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is then multiplied by the derived factor from above (5%, 10% and 15%). The result is the General Benefit of 10.13% needed for Zone 3.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception of public right of way, which is not subject to assessments.
Method of Apportionment
The Assessment Law permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements f or landscape use, and appurtenant facilities. The Assessment Law further provides that assessments may be apportioned upon all assessable lots or parcels of land within an assessment district in proportion to the estimated benefits to be received by each lot or parcel from the improvements rather than assessed value. “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fai rly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided by the District to fairly apportion the costs based on the estimated benefit to each parcel.
In addition, Article XIII D of the California Constitution (the “Article”) requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular an d distinct benefit over and above general benefits conferred on the public at large, including real propert y within the District . The general enhancement of property value does not constitute a special benefit.
Landscaping and streetlighting and its proper maintenance enhances the esthetics of any given area . The benefit received by the owners of properties in the area varies depending on which zone the property is located. The Assessment District is divided into three zones. The San Bernardino International Airport provided special benefit to all three zones. Thus all three zones shall share a po rtion of the maintenance cost for improvements located on such Airport properties. Timber Creek provides a special benefit to Zone 1 and 2 but provides no benefit to Zone 3. The maintenance cost for Timber Creek shall be shared proportionately by area between Zone 1 and Zone 2 whereas Zone 3 shall not participate in any of the maintenance costs for Timber Creek.
Part I – Applicable to All Properties within the Assessment District:
Apportionment of assessments across the individual parcels is based on the area of each parcel in relation to the total area within each respective zone or combination of zones as follows:
Where: Area “I” is the area of any of the individual parcels shown as an assessment number.
Area 1 is the summation of the areas of the participating parcels within Zone 1.
Area 2 is the summation of the areas of the participating parcels within Zone 2.
Area 3 is the summation of the areas of the participating parcels within Zone 3.
Zone 1 Owners: 0.9 (net cost Zone 1) * (Area “I” / Area 1) + (total cost Timber Creek) * {Area “I” / (Area 1 + Area 2)} Zone 2 Owners: 0.05 (net cost Zone) * (Area “I” / (Area 2) + (net cost Zone 2) * (Area “I”/Area 2) + (total cost Timber Creek) * {Area “I” / (Area 1 + Area 2)}
Zone 3 Owners: 0.05 (net cost Zone 1) * (Area “I”/Area 3) + (total cost Zone 3) + (Area “I” / Area 3) Part II – Applicable to Properties without a Default Assessment Agreement:
Within each Zone of the Assessment District the City shall undertake a separate accounting and calculation to be maintained a s to those properties which then have a Default Assessment Agreement in effect. On a Zone by Zone basis within the Assessment District, the dollar amount of the City incurred costs for the maintenance of adjacent landscaping, exclusive of common area landscaping at intersections and median strips and other monument sign areas, shall be calculated and spread on an acreage basis against all
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3. Method of Apportionment of Assessment Page | 10
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
properties within each Zone that do not have then have a Default Assessment Agreement in effect. Such amount as calculated pursuant to this Part II shall then be added to the amount calculated for all properties pursuant to Part I above placed on the tax bill only for those properties that do not have a Default Assessment Agreement then in effect. Only properties having either a minimum street frontage of 400 feet or a minimum area of 2.25 acres are eligible to petition the City for a Default Assessment Agreement. The Part II formula is below for Zone 1, Zone 2 and Zone 3 Owners:
(Cost of Adjacent Landscaping by Zone) / Acreage of Maintenance Areas properties without Default Assessment Agreement = Part II assessment amount per Acre of Maintenance Areas
Benefit by Zone
Each of the assessable parcels within the District has been deemed to receive proportional special benefit from the maintenance and operation of the improvements. The percentage change in allowable Fiscal Year 2025 -26 assessment from the allowable Fiscal Year 2024-25 assessment is as follows:
Table 3-1
Maximum Assessment Rates
Zone
Estimated
Cost
FY 25-26
Max Assessment FY 24-25 Max Assessment FY 25-26 Allowable Assessment
Rate Change
Actual Assessment FY 25-26
Common
Area/Acre
Adjacent
Area/Sq. Ft.
Common
Area/Acre
Adjacent
Area/Sq. Ft.
Common
Area/Acre
Adjacent
Area/Sq. Ft.
1 $37,983.53 $211.76 $4.38 $217.10 $4.38 2.52% $118.83 $0.00 2 $21,107.80 $129.56 $0.38 $132.83 $0.38 2.52% $132.83 $0.00 3 $11,057.00 $124.02 $0.38 $127.14 $0.38 2.52% $107.31 $0.00
Due to the nature of landscape maintenance, it is anticipated that there will be future increases in assessments as contract, labor, water and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hear ing by a percentage equal to the increase in the Consumer Price Index for all Urban Consumers (“CPI -U”) for the Riverside -San Bernardino- Ontario California Standard Metropolitan Statistical area, as published by the Bureau of Labor Statistics of the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever is less. The CPI- U is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed, exceed 5% without a majority approval of property owners in the District.
Whereas,
the City Council of the City of San Bernardino, State of California, did, pursuant to the provisions of the Assessment Law, adopted Resolution No. 2006-91 to initiate proceedings to form a special assessment district known and designated as:
Maintenance Assessment District No. 1022; and,
Whereas, the City Council, did direct the appointed engineer to prepare and file an annual report, in accordance with the Assessment Law.
Whereas, Section 22567 of said Article 4 states the Report shall consist of the following; a. Maintenance plans for the improvements
b. An estimate of the costs of the improvements
c. A diagram for the assessment district
d. An assessment of the estimated costs of the maintenance of the improvements
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3. Method of Apportionment of Assessment Page | 11
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
Now, Therefore, I, the appointed ENGINEER, acting on behalf of the City of San Bernardino, pursuant to the Assessment Law , do hereby submit the following:
1. Pursuant to the provisions of law the costs and expenses of the District have been assessed upon the parcels of land in the District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels . For particulars as to the identification of said parcel, reference is made to the Assessment Diagram, a reduced copy of which is included herein.
2. As required by law, a Diagram is filed herewith, showing the District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same exist each of which subdivisions of land or parcels or lo ts, respectively, have been given a separate number upon said Diagram and in the Assessment Roll contained herein.
3. The separate numbers given the subdivisions and parcels of land, as shown on said Assessment Diagram and Assessment Roll, correspond with the numbers assigned to each parcel by the San Bernardino County Assessor. Reference is made to the County Assessment Roll for a description of the lots or parcels.
4. There are no parcels or lots within M AD No. 1022 that are owned by a federal, state or other local governmental agency that will benefit from the services to be provided by the assessments to be collected.
The City requested Spicer Consulting Group , LLC., to prepare and file an Engineer’s Report for Maintenance Assessment District No. 1022 pursuant to the Assessment Law presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for MAD No. 1022 for the referenced Fiscal Year, a diagram for the District showing the area and properties to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing the improvements, assessing the net amount upon all assessable lots and-or parcels within the District in proportion to the special benefit received.
Packet Page. 498
4. Engineer ’s Signature Page | 12
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
Executed this day of July 2025.
FRANCISCO MARTINEZ JR
PROFESSIONAL CIVIL ENGINEER NO. 84640
ENGINEER OF WORK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed with me on the _______ day of ____________, 2025. By Adoption of Resolution No. _______ by the City Council.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of San Bernardino , California, on the _____day of ___________, 2025.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
12th
June
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5. Assessment Diagram Page | 13
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
A reduced copy of the Assessment Diagram is filed herewith, are incorporated by reference in Appendix B herein, and made part of this Report.
If any parcel submitted for collection is identified by the County Auditor -Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel number will be identified and resubmitted to the County Auditor/Co ntroller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionm ent and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.
Information identified on these maps was received from several sources including the owner/developer, City of San Bernardino, and the San Bernardino County Assessor’s Office.
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6. Assessment Rolls Page | 14
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2025-26
The actual amount of the assessment for the Fiscal Year 2025 -26 apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part of the r ecords of the County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
Packet Page. 501
Appendix A:
Assessment Rolls
Packet Page. 502
CC30 SP04 - AD 1022 Zone 1
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0136-341-11 $166.48 0136-341-13 $731.80 0136-341-21 $257.62 0136-341-42 $2,425.40 0136-341-43 $1,030.74 0136-341-50 $387.62 0136-341-65 $6,897.60 0136-341-68 $189.72 0136-341-72 $18,251.32 0136-341-82 $947.30 0136-341-89 $3,129.78 0136-341-90 $309.58 0136-341-91 $9.64 0136-341-92 $246.10 0136-541-01 $270.04 Totals Parcels 15 Levy $35,250.74
Assessment Roll
Engineer's Report
Packet Page. 503
CC30 SP05 - AD 1022 Zone 2
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0136-341-84 $6,583.20 0136-341-85 $1,357.50 0136-341-86 $1,197.28 0136-341-87 $3,125.20 0136-341-88 $7,444.44 0136-391-10 $331.22 0136-391-29 $183.08 0136-391-30 $178.54
Totals Parcels 8 Levy $20,400.46
Assessment Roll
Engineer's Report
Packet Page. 504
CC30 SP08 - AD 1022 Zone 3
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
0136-351-01 $2,146.26 0136-351-12 $2,175.24 0136-351-16 $2,070.06 0136-351-17 $658.90 0136-351-18 $521.54 0136-351-19 $1,078.50 0280-091-27 $715.06 0280-091-28 $302.94 0280-091-29 $18.48 0280-091-66 $388.46 0280-091-67 $64.38 0280-091-68 $53.64 0280-091-69 $75.10 0280-091-70 $191.00 0280-091-71 $282.22 Totals Parcels 15 Levy $10,741.78
Assessment Roll
Engineer's Report
Packet Page. 505
Appendix B:
Assessment Diagram
Packet Page. 506
LENA
RD
3 RD ST
CENTRAL AVE
COUNTY
RD
RIALTO AVE
DEL
ROSA
DR
MILL ST
TIPPECANOE AVE
0 600 1,200300 Feet
MAINTENANCE ASSESSMENT DISTRICT NO. 1022
Landscaping 117,407 sq. ft. Adjacent 182,146 sq. ft. Timber Creek Zone 1
Zone 1
Zone 2
Zone 3
CITY OF SAN BERNARDINO
ASSESSMENT DIAGRAM
Ê
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This space for filing stamp only
OR#:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County
of Orange
) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and
entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3948896
Perla Lopez
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401
GATT - GOVT NOT. W/ATTACHMENT
Fiscal Year 25-26 Assessment Levies
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
07/22/2025
07/22/2025
SAN BERNARDINO
!A000007159587!
Email
N OTICE OF PUBLIC H EAR IN G
CITY C OUNCIL OF THE CITY OF
SA N BERNARDIN O
NO TICE IS HER EBY G IVEN tha t
the Ci ty of San Bernardino May or
and Ci ty C ounci l will hold a public
meeti ng on August 6,2025 at 5:00 PM
in the Ci ty C ouncil Chambers in the
Norma n F. Fel dheym Centra l
Libra ry at 555 W est 6 th Street, San
Bernardino, Ca lifornia. Visit the
City's agend a por tal at
ww w. sbcity.org to access more
meeti ng informa tion.
The pur pose of the hearing is to
consider the following:
Resolution No. 2025 -2 90 of the May or
and Ci ty Council of the Cit y of Sa n
Bernardino, Cali fornia, Confirming
the D iagram and As sessmen t for
Ass essment District N os. 951(ZON E
1), 951(ZONE 2) , 952 (ZONES 1,2
AN D 2A ), 952 (ZON E 3), 953, 956,959
(ZONE 1), 962, 963 , 968, 974,975,976,
981,982, 986, 9 89, 991,993, 997,1001,
1002, 1005, 1007, 1012 and 1016for
Fi scal Y ear 20 25 -26 and
Resolution No. 2025 -2 91of the May or
and Ci ty Council of the Cit y of Sa n
Bernardino, Cali fornia, Confirming
the D iagram and As sessmen t for
Ass essment District Nos. 1017,1019,
1020, 1023 and 1024 for Fis ca l Ye ar
20 25 -26 and
Resolution No. 2025 -2 92 of the May or
and Ci ty Council of the Cit y of Sa n
Bernardino, Cali fornia, Confirming
the D iagram and As sessmen t for
Ass essment D istrict N o. 1022 and
Z ones 1,2 and 3 thereof for Fiscal
Year 2025 -26 an d
Resolution No. 2025 -2 93 of the May or
and Ci t y Council of the Cit y of Sa n
Bernardino, Cali fornia, Confirming
the D iagram and As sessmen t for
Ass essment District Nos. 1025 and
1027 for Fis cal Year 20 25 -26 .
Resolution No. 2025 -2 94 of the May or
and Ci ty Council of the Cit y of Sa n
Bernardino, Cali fornia, Confirming
the D iagram and As sessmen t for
Ass essment District Nos. 1028, 1029,
1030, 1031,1032, 1035 (ZON E 1),1035
(ZONE 2) ,1036, 1037,1038, 1039,1040,
1041, 1042, 1043 (ZON E 1), 1043
(ZONE 2) ,1045,1046,1047,1048,1049,
1050, 1051,1052, 1054, 105 5, 1056,1057,
1059, 1060, 1063, 1064 and 1068 for
Fi scal Year 20 25 -26 and
Not ice is further given tha t
mem bers of the publ ic w ho wish to
comm ent on the public hearing you
may par ticipate in the following
wa ys: 1) comm ents and contac t
informat ion can be e m ailed to
publ iccomments@SBCity. Org by
2: 30 P.M. the day of the schedu led
meeti ng; 2) attending the meeting in
person and providing your public
comm ent in per son, n ot to exce ed
three minutes.
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If you challenge the matter in cou rt,
you m ay be limited to rais ing on ly
those issues you or som eone else
raised at the public meeting
described in this notice or written
correspondence delivered to the City
Cle rk at or prior to the public
meeti ng.
The City endea vor s to be in total
compl iance wi th the American s with
Di sabilities Act . If you require
assistance or auxi liary aids to
participate in the meeting, please
conta ct the Ci ty Clerk'sOf fice as far
in advance of the meeting as
possib le.
Addi tional inform ation conce rning
the above matter m ay be obtained
from, and wr i tten comm ents shou ld
be addr essed to, San Berna rdino
City Cl erk, 2 90 Nort h "D" Street, Sa n
Bernardino, Califor nia 92401.
Telicia Lopez ,CM C
Acting City C lerk
DA TE D: July 15,2025
7/22/ 25
SBS -39 48896#
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TypeDescriptionAmount
DAILY JOURNAL CORPORATIONLEGAL ADVERTISING P.O. Box 54026 LOS ANGELES CALIFORNIA 90054-0026PHONE: (213) 229-5300 FAX (213) 229-5481FEDERAL TAX ID:95-4133299DateCustomer Account Number Customer Payment Reference Special ProjectOrder NoPage 1 of 1Invoice NumberCALIFORNIA NEWSPAPER SERVICE BUREAUOrdered by:For payment processing, please forward to:DUE UPON RECEIPT.
INVOICEB39488997/22/202503-0271124119954201 N. E ST. BUILDING ASAN BERNARDINO, CA 92401 USA201 N. E ST. BUILDING ASAN BERNARDINO, CA 92401 USAPERLA LOPEZCITY OF SAN BERNARDINO/CITY CLERK - LEADEXECUTIVE ASSISTANT ACCOUNTS PAYCITY OF SAN BERNARDINO/CITY CLERK - LEAD 1,365.8007/22/202589900 SAN BERNARDINO COUNTY SUNGPN GOVT PUBLIC NOTICERESO 2025-290InvoiceB3948899 1,305.56$ 1.27 * 257 AgateLines * 4 Cols * 1 Ins 60.24ONLINEDownload invoices/proof or pay online at: adtech.dailyjournal.com/payment Invoice DateGovernment Advertising - Division 1124Invoice NumberCustomer NumberAmount DueDAILY JOURNAL CORPORATIONATTN: ACCOUNTS RECEIVABLEPO BOX 54026LOS ANGELES, CA 90054-0026 1,365.80Payment:0.00Total:Please Pay:PLEASE PROCESS FOR PAYMENT IMMEDIATELY. DUE UPON RECEIPT.CALIFORNIA NEWSPAPER SERVICE BUREAU 1,365.80 1,365.801124119954B39488997/22/2025SAN BERNARDINO, CA 92401 USA201 N. E ST. BUILDING ACITY OF SAN BERNARDINO/CITY CLERK - LEADEXECUTIVE ASSISTANT ACCOUNTS PAYPlease make check payable to: Daily Journal Corporation!A000007159588!invoice with your payment. For account support, 2132295584.or call: [email protected] email:on your check. Also, please detach and return this portion of theTo ensure proper credit please write your account number1124119954
Packet Page. 511
This space for filing stamp only
OR#:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County
of Orange
) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and
entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3948899
Perla Lopez
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401
GPN - GOVT PUBLIC NOTICE
Reso 2025-290
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
07/22/2025
07/22/2025
SAN BERNARDINO
!A000007159589!
Email
Packet Page. 512
R E SOLU TIO N no. 202 5 -290
RESOLU TIO N OF THE MAYOR AND CITY COU NCIL OF T HE CITY
OF SAN B ERNARDI NO, CALIFORNIA, D EC LARING INT ENTION
TO LE VY AND COLLEC T ASSESSMENTS WIT HIN ASSE SSMENT
DISTRIC TS NOS. 951 (ZON E 1), 951 (ZO NE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZO NE 3), 953,956, 959 (ZON E 1 ) , 962 , 963, 968, 974, 975, 976, 981, 982, 986, 989,991, 993,997, 10 01 ,10 02,1005, 1007, 1012 AND 1016 FOR FI SCAL YEAR 2025 -26 , APPROVING THE ENGIN E E R'S REPORT
AN D PR OVIDIN G NO TICE OF T HE TIME AN D PLACE OF
HE ARING O N P ROPO SED AS SESSM ENTS
WHERE AS, the City Council of the City of Sa n Be rnardino (the ‘‘ City Council ’’ ) has established Assessme nt Districts N os. 951 (Zone 1), 951 (Zone 2) ,952 (Zones 1, 2 and 2A ), 952 (Zone 3), 953,956,959(Zone 1), 962, 963,968, 974, 975, 976 , 981, 9 82, 986, 989,991, 993,997,1001, 1002, 1005,1007, 1012 and 1016 of the City of San Berna rdino (collectively,the ‘‘ Assessment D istricts ’’ ) pursuant to the Cha rter of the City of San Bernardino and Section 19 of A rticle 16 and in complia nce with Article XI IID of the Constitution of the State of California (the ‘‘ Asse ssme nt Law ’’ ); and WHERE AS, on Apr il 16, 2025, the City Coun cil ad op ted a resolution initiating proc eedings to levy and collectassessmen ts for fiscalyear 2025 - 26 w ithin the A ssessment Districts an d ordering the preparation of a report regar ding assessments to be levied and collected w ithin the As sessment Districts for fiscal ye ar 2025 -26 to pay the costs of the main tenance, servicing and op eration of pub lic lands ca ping and appurtenant facilities authorized by the Assessme nt La w; and WHERE AS, Sp icer Cons ulting Gro up , L LC, the en gineer designated by the City Council to prepare suc h repo rt,ha s fileditsrepor t with the City Clerk and such report has been presen ted to and conside red by the City Coun cil;and
WHERE AS, it is necessar y tha t the City Coun cil ad op t a resolution of intention pur suant to the Assess ment Law an d, amon g other things, fixing and giving notice of the time and place of a pub lic he aring on said report and the proposed assessm ents f or said fiscal yea r.
BE IT RESOL VED BY TH E MA YOR AND CITY COU NCIL OF THE CITY OF SA N BE R N ARD INO AS FOLLO WS:
S EC TION 1. Fin dings .The City Coun cilfinds that:
(a) Th e above recitals are true and correct an d are incorporated he rein by thisreference;
(b) The report of Spice r Consul ting G rou p, LLC (the ‘‘ Rep ort ’’ ) contains all m atters requir ed by the A ssessmen t L aw and ma y, therefore, be appro ved by the City Co uncil;
(c) The assessment s whi ch are prop osed to be levied on all parcel s of ass essable land w ithinthe Asse ssment Districts for fiscal year 2025 -26 are determined pursuant the methodo logy in the eng ineer's report based on special benefit conferred upon ea ch suc h pa rcel from the payment of the cost of the main tenance, servicing an d op eration of pub liclandsc aping and appurtenant facilities for those designa ted Assessme nt Districts, landscapi ng and lighting for those designa ted Assessmen t D istricts,and sew er lift stations and appu rtenan t facilities for those designated As sessment Districts; and
(d) The amoun t of the assessme nt wh ich is prop osed to be assessed on each such parcel is not pro posed to be increa sed ove r the am ount of the ass essment which w as levied on the pa rcel for fiscalye ar 2024 -25.
S EC TION 2. Intention . Th e City Council declares that it intends to levy ass essments on all lots and parce ls of assess able land within the As sessment Districts for fiscal year 2025 -26, as set forth in the Report.
Those assessm ents w illbe collected at the sam e time and in the same manner as cou nty taxes are collected, an d all laws providing for the collection and enforcement of coun ty tax es shall app ly to the collection and en forcemen t of the ass essments.
S EC TION 3. Improv ement s . (i) The improvem ents au thorized for As sessment Districts N os. 951 (Zone 1), 951 (Zone 2), 95 2 (Zones 1, 2, 2A and 3), 953,956, 959(Zone 1) , 968, 974, 975,976, 981, 982, 986, 989,991,993, 997, 1001, 1002,1005,1007 ,1012 and 1016 are:
(a) The installation or planting of pub lic landsca ping and appurtenant facilities;
(b) Th e installationor c onstruc tion of any facilitieswh ich are ap purtenant to an y of the foregoing or whic h are necessary or con venient for the main tenance, servicing and op eration thereo f,including water, irrigation, drainage or electrical facilities;an d
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(c) The maintenance o r servicing, or both, of any of the foregoing, including all matt ers specified in the Assessmen t La w and the original eng ineer'sreport which are app licable thereto.
(ii) The improv ement s authorize d for the Ass essmen t Districts N os. 962 and 963 are:
(a) Th e installation or planting of sewer liftstations and ap pu rtenant facilities;
(b) Th e installationor construction of any facilitieswh ich are appurte nant to an y of the foregoing or whi ch are necessary or con venien t for the main tenance or servicing thereof ,an d
(c) The maintenance or servicing , or both, of any of the foregoing, including all matt ers specified in the Assessmen t La w and the original eng ineer'sreport which are app licable thereto.
S EC TION 4. Maint enance .(i) For Ass essment Dis tricts N os.951 (Z one 1) , 951 (Zone 2) ,952 (Zones 1, 2, 2A an d 3), 953,956,959 (Zone 1) ,968, 974, 975, 976, 981,982,986, 989,991,993,997,1001, 1002, 1 005,1007, 1012 and 1016, the main tenance to be perform ed consists of the furnishing of services and mat erials for the ordinar y an d usual main tena nce , opera tion, and servicing of public landscape, including :
(a) Repair, remov al, or replacemen t of all, or an y part of, the improv ements thereon, includ ing inciden taldrainag e facilities. (b) Operati on, m aintenance , rep air , an d replac ement of irrigation systems.
(c) Servicing an d m aintenance of plantings an d landsca ping. (d) R epair and m aintenance of inciden taldraina ge facilities. (ii) For As sessm ent D istrictsN os. 962 an d 963 the maintenance to be performed consists of th e furnishing of services an d mater ials for the ordinary and usual maintenance, opera tion, and servicing of sewer lift station s including:
(a) Repair, remov al, or replacemen t of all, or an y part of, the improv ements thereon, includ ing inciden taldrainag e fa cilities. (b) R epair and m aintenance of inciden talw astewate r facilities.
S EC TION 5.Assessm ent D istricts .Th e distinctive designation of eac h of the Asses sment D istricts is as follows: ‘‘ Assessmen t Dis trict No. 951 (Zones 1 and 2) (W agonwheel Road Area ) of the City of San Bernard ino, ’’ ‘‘ Assessme nt D istrict N o. 952 (Zones 1, 2, 2A) (State College A rea) of the City of San Bernardino, ’’ ‘‘ Assessme nt D istrict N o. 952 (Zone 3) (State College Area) of the City of San Be rnardino , ’’ ‘‘ Assessm ent D istrict No. 953 (16th S treet) of the City of San Berna rdino, ’’ ‘‘ Assessme nt Di strictNo. 956 (Carnegie Drive Area) of the City of San Be rnardino , ’’ ‘‘ Assessment D istrict No .959(Zone 1 ) (Sha nd in Hills) of the City of San Be rnardino , ’’ ‘‘ Assessme nt District N o. 962 (Pine Aven ue Area ) of the City of San Bernardino, ’’ ‘‘ A ssessment District No .963 (AllenStree t) of the City of San Bernardino, ’’ ‘‘ A ssessment Di strictNo. 968 (Airport D rive) of the City of San Be rnardino, ’’ ‘‘ Assessm ent Dis trictNo . 974 (Rialto Avenue Betw een E ucalyptus an d Pepp er) of the City of San Berna rdino, ’’ ‘‘ Asse ssment D istrict No. 975 (Pepper and M illAre a) of the City of San Bernardino , ’’ ‘‘ Assessme nt Dis trict No. 976 (Pine and Belmon t) of the City of San Bernardino, ’’ ‘‘ Assessm ent District N o. 981 (Meridian and Randall Aven u e) of the City of San Berna rdino, ’’ ‘‘ Assessmen t District No. 982 (Piedmont Dr ive Ar ea) of the City of Sa n Bern ardino, ’’ ‘‘ Assessment D istrict No .986 (Rialto and Macy A rea ) of the City of San Bernard ino, ’’ ‘‘ Assessme nt Di strict No. 989 (Mill and Ma cy Area) of t he City of San Bernardino, ’’ ‘‘ Ass essment District No .991 (Verd emon t an d Olive Area) of the City of San Ber nardino, ’’ ‘‘ Assessmen t D istrictNo .993(Cajon and June Ar ea) of the City of San Berna rdino, ’’ ‘‘ Asse ssmen t District No. 997 (Chestnut Ar ea ) of the City of San Bern ard ino, ’’ ‘‘ Asse ssment District No. 1001 (Penns ylvania and Birch Area) of the City of San B ernardino, ’’ ‘‘ Assessme nt District N o.1 002 (North ‘‘ H ’’ Street Area ) of the City of San Bernardino, ’’ ‘‘ Assessm ent District No. 1005 (Cajon an d Pepper Linden Ar e a) of the City of San Be rn ardino , ’’ ‘‘ Assessmen t D istrict No. 1007 (Pepper and Randall Area) of the City of Sa n Berna rdino, ’’ ‘‘ Assessment D istrict No. 1012 (Mill/Burney A rea) of the City of San Bernardino ’’ and ‘‘ Assessme nt Dis trict No. 1016 (Coulston Area) of the City of San Bernardino. ’’ The boundaries of each of the Assessm ent Districts are described and show n in the Report.
S EC TION 6. Report and Assessme nts . T he Report, which is on filewith the City Clerk, an d w hich has be en presen ted to the City Council at the meeti ng in which this resolution is ado pted, is app roved. Reference is made to the Report for a full and deta iled description of the improv ements, the b oundaries of the Assessmen t District, the zones
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therein ,and the proposed assessments up on assessa bl e lots and parcels of land therein for the 202 5 -26 fiscalyear.
S EC TION 7. Hearing .The time and place of the hea ring req uired by the As sessment L aw is set for 5:00o'clock p.m . on July 1 6, 2025 in the Bing Won g Auditor ium of the Norman F. Feldh eym Pu blicLib rar y at 555W .6th Street,San Bernar dino,California.
S EC TION 8.Notice of Hearing .NOTIC E IS HE RE BY GIVEN tha t on the dat e and at the time and place spe cified in Section 7 here of, the City Council will con duc t the pu blic hea ring on the Rep ort an d the assessments to be levied on assessable lots and parcels of prop erty in the A ssessm ent D istricts for fiscalyear 2025 -26. Any interested person may filea written protest with the City Clerk prior to the con clusion of the hearing, which protest must state a ll grounds of objection and de scribe the property w ithin the Ass essment Di strictsowne d by an y such person.
S EC TION 9. Publ ication . T he City Clerk shall cause a copy of this resolution to be published once in The San Be rnardino Sun as required by the Asses sment Law and Section 606 1 of the Gove rnment Code. Upon compl etion of such publication,the CityClerk shallfilein her officea proof of publication dem onstrating compliance with the requ irem ents of this section.
S EC TION 10. D esignated Person . The City C ouncil de signates Spicer Consu ltingGr oup, LLC, telepho ne numbe r (866) 504 -2067, as the person to answer inquiries regar ding the levy ing and collectionof the assessments for fiscal year 2025 -26.
S EC TION 11 . CEQ A . Th at the City Council finds this Resolutio n is no t subjec t to the California E nvironmen tal Qua lityAct (CEQA) in that the activity is covered by the general rule tha t CE QA app lies only to projects w hich have the potential for cau sing a significant effect on the env ironment. W he re it can be seen wi th certainty, as in this case, that there is no possibilitythat the activity in qu estion may ha ve a significant effect on the environm ent,the activityisnot subject to CEQA.
S EC TION 12 . Severabil ity . If any provision of this Resolution or the appl icatio n thereof to any perso n or circumsta nc e is held invalid, such invalidity shall not affect other provisions or app lications,and to this en d the pro visions of this R esolution are declared to be severab le.
S EC TION 13 . E ffective D ate . This Re solution shall be come effective immediatel y.
AP PROV ED and A DOPTE D by the City Coun ciland signed by the Mayor and attested by the City Clerk this21 st day of May 2025.
R esolution 2025 -290 w as adopted on Ma y 21, 2025,at the Regul ar meeting of the Mayor and City Council by the following votes:
AY ES:Sanchez, Ibarra, Figuero a, Sho rett,Kna us, Flores, Ortiz N OES: None
/s/Telicia L opez
Telicia Lopez ,CM C, Acting City Clerk
7/22 /25
SBS -3948899#
Packet Page. 515
TypeDescriptionAmount
DAILY JOURNAL CORPORATIONLEGAL ADVERTISING P.O. Box 54026 LOS ANGELES CALIFORNIA 90054-0026PHONE: (213) 229-5300 FAX (213) 229-5481FEDERAL TAX ID:95-4133299DateCustomer Account Number Customer Payment Reference Special ProjectOrder NoPage 1 of 1Invoice NumberCALIFORNIA NEWSPAPER SERVICE BUREAUOrdered by:For payment processing, please forward to:DUE UPON RECEIPT.
INVOICEB39489127/22/202503-0271124119954201 N. E ST. BUILDING ASAN BERNARDINO, CA 92401 USA201 N. E ST. BUILDING ASAN BERNARDINO, CA 92401 USAPERLA LOPEZCITY OF SAN BERNARDINO/CITY CLERK - LEADEXECUTIVE ASSISTANT ACCOUNTS PAYCITY OF SAN BERNARDINO/CITY CLERK - LEAD 1,111.8007/22/202589900 SAN BERNARDINO COUNTY SUNGPN GOVT PUBLIC NOTICERESO 2025-291InvoiceB3948912 1,051.56$ 1.27 * 414 AgateLines * 2 Cols * 1 Ins 60.24ONLINEDownload invoices/proof or pay online at: adtech.dailyjournal.com/payment Invoice DateGovernment Advertising - Division 1124Invoice NumberCustomer NumberAmount DueDAILY JOURNAL CORPORATIONATTN: ACCOUNTS RECEIVABLEPO BOX 54026LOS ANGELES, CA 90054-0026 1,111.80Payment:0.00Total:Please Pay:PLEASE PROCESS FOR PAYMENT IMMEDIATELY. DUE UPON RECEIPT.CALIFORNIA NEWSPAPER SERVICE BUREAU 1,111.80 1,111.801124119954B39489127/22/2025SAN BERNARDINO, CA 92401 USA201 N. E ST. BUILDING ACITY OF SAN BERNARDINO/CITY CLERK - LEADEXECUTIVE ASSISTANT ACCOUNTS PAYPlease make check payable to: Daily Journal Corporation!A000007159590!invoice with your payment. For account support, 2132295584.or call: [email protected] email:on your check. Also, please detach and return this portion of theTo ensure proper credit please write your account number1124119954
Packet Page. 516
This space for filing stamp only
OR#:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County
of Orange
) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and
entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3948912
Perla Lopez
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401
GPN - GOVT PUBLIC NOTICE
Reso 2025-291
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
07/22/2025
07/22/2025
SAN BERNARDINO
!A000007159591!
Email
RESOLUTI ON nO. 2025 -291
RESOLU TIO N OF THE MAYO R
AN D CITY COU NCIL OF T HE
CIT Y OF SAN B ERNARDINO,
CAL IFOR NIA, DECLARING
INTENTIO N TO LEV Y AND
COLLEC T ASSESSMENT S
WITHIN ASSE SSME NT
DISTRIC TS NOS. 1017, 1019, 1020,
1023 AND 1024 FOR FISCAL YEA R
2025 -26, APPR OV ING T HE
ENGINE ER' S R EPO RT AND
PR OVIDIN G N OTICE OF T HE
TIM E AND PLACE OF HE ARING
ON P ROPO SED ASSESSMENTS
WHEREA S, the City Council of the
City of San Ber nardino ( the ‘‘ City
Counc il ’’ ) has established
Ass essment DistrictNo. 1017,1019,
1020,1023 and 1024 of the City of San
Bernardino (collectively, the
‘‘ A ssessment Districts ’’ ) pursuan t to
the Charter of the City of San
Bernardino an d Section 19 of Article
16 and in compliance w ith Article
XIII D of the Const itution of the
State of California (the ‘‘ Assessme nt
L aw ’’ );and
WHEREA S, on April 16, 2025, the
City Counci l adopt ed a resolution
initiating proceedings to levy an d
collect assessment s for fiscal ye ar
2025 -26 within the Assessme nt
Districts and ordering the
preparation of a report regarding
assessments to be levied an d
collected within the Assessme nt
Districts for fiscal year 2025 -26 to
pay the costs of the maint enan ce,
servicing and operation of public
landscapi ng and appurte nan t
facilities author ized by the
Ass essment L aw; and
WHEREA S, Spicer Consulting
Grou p, LL C, the eng ineer
designa ted by the City Cou nc il to
prepare such repor t, has filed its
report wi th the City Clerk and such
report has been presented to an d
considered by the City Council;and
WHEREA S, itis ne ces sary that the
City Council adopt a resolu tion of
intention pursuant to the
Ass essment L aw and, among other
things, fixing and giving notice of
the time and place of a public
hea ring on said report and the
proposed assessments for said fiscal
yea r.
BE IT RESOLVED B Y T HE
MAYOR AND C ITY COUN CIL OF
T HE CITY OF SAN
BE RNARDINO AS FOLLOWS:
SEC TION 1. F indings . The City
Counc ilfinds tha t:
(a) Th e above recitals are true an d
correct and are incorpor ated herein
by this reference;
(b) The report of Spicer Consulting
Group ,LLC (the ‘‘ R eport ’’ ) conta ins
all mat ters required by the
Ass essment Law and ma y,
Packet Page. 517
therefore, be approved by the City
Counc il;and
(c) The assessment s which are
proposed to be levied on all parce ls
of ass essable land w ithin the
Ass essment Districts for fiscal ye ar
2025 -26 are determi ned pur sua nt the
met hodology in the engineer's report
based on special benefit conferred
upon each such parce l from the
paymen t of the cost of the
main tenance, servicing and
operation of pub lic lands caping an d
appurtenant facilities.
SEC TION 2. I ntention . Th e City
Co unc il declares that it inten ds to
levy assessments on all lots and
parcel s of assessable land with in the
Ass essment Districts for fiscal ye ar
2025 -26, as set forth in the Rep ort.
Those ass essments w illbe collected
at the same time and in the same
manner a s county taxes are
collected,and all laws providing for
the collection and enforcement of
coun ty taxes shall apply to the
collection and enforcement of the
assessments.
SEC TION 3. Improvem ents
. (i) The
improv ements autho rized for
Ass essment Districts Nos. 1017,1019,
1020 and 1023 are:
(a) The installation or planting of
publ ic landscaping and appurten an t
facilities;
(b) The installation or construction
of any facilities w hich are
appurtenant to any of the foregoing
or whic h are nec essary or
conv en ient for the maintenan ce,
servicing and oper ation thereo f,
including water, irrigation,drainage
or electrical facilities;and
(c) Th e maintenance or serv icing,
or both, of any of the foreg oing,
including allmat ters specified in the
Ass essment Law and the original
eng ineer's repor t which are
appl icable thereto.
(ii) The impro vem ents aut horized
for Assessment District N o. 1024
are:
(a) The installation or planting of
landscapi ng and sew er liftstations
and appurtenan t facilities;
(b) The installation or construction
of any facilities w hich are
appurtenant to any of the foregoing
or whic h are necessary or
conv en ient for the m aintenan ce or
servicing thereof,and
(c) Th e maintenance or serv icing,
or both, of any of the foreg oing,
including allmat ters specified in the
A ssessment Law and the original
eng ineer's repor t which are
appl icable thereto.
SEC TION 4. Maint enance
. (i) The
main tenance to be perfor med for
Ass essment Districts Nos. 1017,1019,
1020 and 1023 consists of the
furnishing of services and m aterials
for the o rdinary and usual
main tenance, operation, an d
servicing of public landsca pe,
including:
(a) Repair, removal, or
replac ement of all, or any pa rt of,
the impr ov em ents there on,
including incidental drainage
facilities.
(b) Op eration, mai ntenance, rep air,
and replace ment of irrigation
systems.
(c) Se rvicing and maintenanc e of
plan tings and landscaping.
(d) Repair and m aintenance of
inciden taldrainage facilities.
(ii) T he m aintenance to be
performed for Ass essmen t District
No. 1024 consists of the furnish ing of
services and mat erials for the
ordinary and usual maint enan ce,
operation, an d servicing of
landscapi ng an d sew er liftstations,
including:
(a) Repair, removal, or
replac ement of all, or any pa rt of,
the impr ov em ents there on,
including incidental drainage
facilities.
(b) Op eration, mai ntenance, rep air,
and replace ment of irrigation
systems.
(c) Se rvicing and maintenanc e of
plan tings and landscaping.
(d) Repair and m aintenance of
inciden tal drainage and w astewater
facilities.
SEC TION 5. Assessm ent Districts .
The distinctive designation of each
of the Ass essment Districts is as
follows: ‘‘ Assessment District No.
1017 (Kendall and Pine Are a) of the
City of San Bernardi no, ’’
‘‘ A ssessment District No. 1019
(Northpark and M ount ain Area) of
the City of San Bernardi no, ’’
‘‘ A ssessment DistrictNo. 1020 (Mill
Street and Dallas Avenue Area) of
the City of San Bernardi no, ’’
‘‘ A ssessment District N o. 1023 (Elm
Aven ue and Cou lston Street Are a) of
the City of San Bernardi no ’’ and
‘‘ A ssessment District No. 1024
(Inl an d Center Drive a nd Riv erwa lk
Drive Ar ea) of the City of Sa n
Bernardino. ’’ The boundaries of the
Ass essment Districts are described
and shown in the Report .
SEC TION 6. Report an d
Ass essments . The Report, w hich is
on file with the City Clerk, and wh ich
has be en present ed to the City
Counc ilat the meet ing in w hich this
resolution is ad opted, is app rov ed.
Ref eren ce is made to the Report for
a full and deta iled description of the
improv ements, the boundaries of the
Ass essment Districts, and the
proposed assessments upon
assessa ble lots and parcels of land
therein for the 2025 -26 fiscalyear.
SEC TION 7. Hea ring . The time and
place of the hea ring required by the
Ass essment Law is set for 5:00
o'clock p.m. on July 16, 2025 in the
Bing Wong A uditorium of the
Norma n F. Feldhe ym P ubli c
Libra ry at 555 W. 6th Street, San
Bernardino, California.
SEC TION 8. Not ice of Hearing .
NO T ICE IS HERE BY G IVEN tha t
on the date and at the tim e and place
spe cified in Section 7 hereof, the City
Counc il will conduct the public
hea ring on the Report an d th e
assessments to be levied on
assessable lots and par cels of
property in the A ssessment Districts
for fiscal year 2025 -26. Any
interested per son m ay filea written
protest with the City Clerk prior to
the conclus ion of the hearing, which
protest mus t state all groun ds of
objection and describe the prope rty
wi thin the Asses sment Districts
ow ne d by any such pers on.
SEC TION 9. Publication . The City
Clerk shall caus e a copy of this
resolution to be published onc e in
The San Ber nardino Sun as required
by the A ss essment Law and Section
6061 of the Government Code. Upon
compl etion of such publication, the
City Clerk shall file in her office a
proof of publication dem onstrating
compl iance with the requirements of
thissection.
SEC TION 10. Designat ed Person .
The City Council designates Spicer
Consul ting Group, LLC, telephon e
number (866) 504 -2067,as the person
to answer inquiries regarding the
levying and collection of the
assessments for fiscal year 2025 -26.
SEC TION 11 . CEQA . The Mayor
and City Council finds this
Re solution is not subject to the
California En vironmental Quality
Act (CEQA) in that the activity is
covere d by the general rule tha t
CEQA applies only to projects wh ich
have the potential for cau sing a
significant effect on the
env ironment. Where it can be seen
wi th certainty, as in this case, tha t
there is no pos sibility tha t the
activity in qu estion m ay have a
significant effect on the
env ironment, the activity is no t
subject to CEQA.
SEC TION 12 . Severability . If any
provision of this Resolut ion or the
app lication 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
severa ble.
SEC TION 13 . Effective Date . Thi s
Resolution s hall becom e effective
immediatel y.
Packet Page. 518
AP PROV ED and ADOPT ED by the
City Council and signed by the
Mayor and attested by the City Clerk
this21 st day of May 2025.
Resolution 2025 -291 w as adopted on
May 21,2025,at the R egular meeting
of the Mayo r and City Coun cilby the
following votes:
AY ES: Sanchez, Ibarra, Figueroa,
Shorett, Knaus, Flores, Ortiz
NO ES: None
/s/Telicia L opez
Telicia L opez, CMC, Acting City
Clerk
7/22/25
SBS -3948912#
Packet Page. 519
TypeDescriptionAmount
DAILY JOURNAL CORPORATIONLEGAL ADVERTISING P.O. Box 54026 LOS ANGELES CALIFORNIA 90054-0026PHONE: (213) 229-5300 FAX (213) 229-5481FEDERAL TAX ID:95-4133299DateCustomer Account Number Customer Payment Reference Special ProjectOrder NoPage 1 of 1Invoice NumberCALIFORNIA NEWSPAPER SERVICE BUREAUOrdered by:For payment processing, please forward to:DUE UPON RECEIPT.
INVOICEB39489167/22/202503-0271124119954201 N. E ST. BUILDING ASAN BERNARDINO, CA 92401 USA201 N. E ST. BUILDING ASAN BERNARDINO, CA 92401 USAPERLA LOPEZCITY OF SAN BERNARDINO/CITY CLERK - LEADEXECUTIVE ASSISTANT ACCOUNTS PAYCITY OF SAN BERNARDINO/CITY CLERK - LEAD 921.3007/22/202589900 SAN BERNARDINO COUNTY SUNGPN GOVT PUBLIC NOTICERESO 2025-292InvoiceB3948916 861.06$ 1.27 * 339 AgateLines * 2 Cols * 1 Ins 60.24ONLINEDownload invoices/proof or pay online at: adtech.dailyjournal.com/payment Invoice DateGovernment Advertising - Division 1124Invoice NumberCustomer NumberAmount DueDAILY JOURNAL CORPORATIONATTN: ACCOUNTS RECEIVABLEPO BOX 54026LOS ANGELES, CA 90054-0026 921.30Payment:0.00Total:Please Pay:PLEASE PROCESS FOR PAYMENT IMMEDIATELY. DUE UPON RECEIPT.CALIFORNIA NEWSPAPER SERVICE BUREAU 921.30 921.301124119954B39489167/22/2025SAN BERNARDINO, CA 92401 USA201 N. E ST. BUILDING ACITY OF SAN BERNARDINO/CITY CLERK - LEADEXECUTIVE ASSISTANT ACCOUNTS PAYPlease make check payable to: Daily Journal Corporation!A000007159592!invoice with your payment. For account support, 2132295584.or call: [email protected] email:on your check. Also, please detach and return this portion of theTo ensure proper credit please write your account number1124119954
Packet Page. 520
This space for filing stamp only
OR#:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County
of Orange
) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and
entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3948916
Perla Lopez
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401
GPN - GOVT PUBLIC NOTICE
Reso 2025-292
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
07/22/2025
07/22/2025
SAN BERNARDINO
!A000007159593!
Email
RESOLUT ION NO .2025 -292
RESOLU TIO N OF THE MAYO R
AN D CITY COU NCIL OF T HE
CIT Y OF SAN B ERNARDINO,
CAL IFOR NIA, DECLARING
INTENTIO N TO LEV Y AND
COLLEC T ASSESSMENT S
WITHIN ASSE SSME NT
DISTRIC T N O. 1022 AN D ZONES
1, 2 AND 3 THEREOF FOR
FISCAL Y EAR 2025 -26,
AP PROV ING THE EN GINEER'S
RE PORT AND PROVIDING
NO T ICE OF the TIME AND
PLAC E O F HE A RING ON
PR OPOSED ASSESSMENTS
WHEREA S, the City Council of the
City of San Ber nardino (the ‘‘ City
Counc il ’’ ) has established
Ass essment D istrict N o. 1022 and
Z ones 1, 2 and 3 thereof o f the City of
San Bernardino (the ‘‘ Assessme nt
Di strict ’’ ) pur suant to the Charte r of
the City of San Bernar dino an d
Section 19 of Ar ticle 16 and in
compl iance with Article XIIID of
the Cons titution of the State of
California (the ‘‘ As sessment Law ’’ );
and
WHE REA S, on April 16, 2025, the
City Counci l adopt ed a resolution
initiating proceedings to levy an d
collect assessment s for fiscal ye ar
2025 -26 within the Assessme nt
Di strict and ordering the
preparation of a report regarding
assessments to be levied an d
col lected within the Assessme nt
Di strict for fiscal year 2025 -2 6 to pa y
the costs of the maintenan ce,
servicing and operat ion of
landscapi ng and lighting an d
appurtenant facilitiesauthorized by
the Assessment Law; and
WHEREA S, Spicer Consulting
Group , LL C, t he eng ineer
designa ted by the C ity Cou nc il to
prepare such repor t, has filed its
report wi th the City Clerk and such
report has been presented to an d
considered by the City Council; and
WHEREA S, itis ne ces sary that the
City Council adopt a resolution of
intention pursuant to the
Ass essment L aw, and, am ong other
things, fixing and giving notice of
the time and place of a public
hea ring on said report and the
proposed assessments for said fiscal
yea r.
BE IT RESOLVED B Y T HE
MAYOR AND C ITY COUN CIL OF
THE CITY OF SA N
BE RNARDINO AS FOLLOWS:
SEC TION 1. F indings . The C ity
Counc ilfinds tha t:
(a) Th e above recitals are true an d
correct and are incorpor ated herein
by this reference;
(b) The report of Spicer Consulting
Group , LLC (the ‘‘ R eport ’’ ) conta ins
all matters req uired by the
Packet Page. 521
Ass essment Law and ma y,
therefore, be approved by the C ity
Counc il;and
(c) The assessment s which are
proposed to be levied on all parce ls
of ass essable land w ithin the
Ass essment District for fiscal ye ar
2025 -26 are determi ned pur sua nt the
me thodology in the engineer's report
based on special benefit conferred
upon each such parce l from the
paymen t of the cost of the
main tenance, servicing and
operation of landscaping an d
lighting and appurtenant facilities.
SEC TION 2. Intention . Th e C ity
Counc il declares that it inten ds to
levy assessments on all lots and
parcel s of assessable land with in the
Ass essment District for fiscal ye ar
2025 -26, as set forth in the Rep ort.
Those ass essments w illbe collected
at the same time and in the same
manner as co unty taxes are
collected, and all laws providing for
the collection and enforcement of
coun ty taxes shall apply to the
collection and enforcement of the
assessments.
SEC TION 3. Im provem ents . The
improv ements author ized for the
Ass essment Dist rictare:
(a) T he installation or plan ting of
landscapi ng and lighting an d
appurtenant facilities;
(b) The installation or construction
of any facilities w hich are
appurtenant to any of the foregoing
or whic h are nec essary or
conv en ient for the m aintenan ce or
servicing t hereof, and
(c) Th e maintenance or serv icing,
or both, of any of the foreg oing,
including allmat ters specified in the
Ass essment Law and the original
eng ineer's repor t which are
appl icable thereto.
SEC TION 4. M aintenance . The
main tenance to be performed
co nsists of the furnishing of services
and materi als for the ordinary an d
usual mainte na nce, operation, and
servicing of landscaping an d
lighting, including:
(a) Repair, removal, or
replac ement of all, or any pa rt of,
the impr ov em ents there on,
including inci dental drain ag e
facilities.
(b) Op eration, mai ntenance, rep air,
and replace ment of irrigation
systems.
(c) Se rvicing and maintenanc e of
plan tings and landscaping.
(d) Repair and m aintenance of
inciden taldrainage facilities.
SEC TION 5. Ass essment Distric t .
The distinctive designat ion of the
Ass essment Dist rict is ‘‘ Assessme nt
Di strict No. 1022 (Zone 1, Zone 2 an d
Z one 3) (San Bernard ino
International Airport/Alliance -
California) of the City of San
Bernardino. ’’ The boundaries of the
Ass essment District are de scribed
and shown in the Report .
SEC TION 6. Report an d
Ass essments . The Report, w hich is
on file with the City Clerk, and wh ich
has be en present ed to the C ity
Counc ilat the meet ing in w hich this
resolution is ad opted, is app rov ed.
Ref eren ce is made to the Report for
a full and deta iled description of the
improv ements, the boundaries of the
Ass essment District, the zon es
therein, and the prop osed
assessments up on assessable lots
and parcels of lan d therein for the
2025 -26 fiscalyear.
SEC TION 7.He aring .Th e time and
place of the hea ring required by the
Ass essment Law is set for 5:00
o'clock p.m. on July 16, 2025 in the
Bing Wong A uditorium of the
Norma n F. Feldhe ym P ublic
Libra ry at 555 W. 6th Street, San
Bernardino, California.
SEC TION 8. Not ice of He aring .
NO T ICE IS HERE BY G IVEN tha t
on the date and at the tim e and place
spe cified in Section 7hereof, the C ity
Counc il will conduct the public
hea ring on the Report an d the
assessments to be levied on
assessable lots and par cels of
property in the Ass essment Distr ict
for fiscal year 2025 -2 6. Any
interested per son m ay filea written
protest with the City Clerk prior to
the conclus ion of the hearing, which
protest mus t state all groun ds of
objection and describe the prope rty
wi thin the A ssessm ent Distr ict
ow ne d by any such pers on.
SEC TION 9.Publication . The City
Clerk shall caus e a copy of this
resolution to be published onc e in
The San Ber nardino Sun as required
by the A ssessment Law and Section
6061 of the Government Code. Upon
compl etion of such publication, the
City Clerk shall file in her office a
proof of publication dem onstrating
compl iance with the requirements of
thissection.
SEC TION 10. Designat ed Person .
The City C ouncil designates Spicer
Consul ting Group, LLC, telephon e
number (866)504 -2067, as the person
to answer inquiries regarding the
levying and collection of the
assessments for fiscal year 2 025 -26.
SEC TION 11 . CEQA . The Mayor
and City Council finds this
Resolution is not subject to the
California En vironmental Quality
Act (CEQA) in that the act ivity is
covere d by the general rule tha t
CEQA applies only to projects wh ich
have the potential for cau sing a
significant effect on the
env ironment. Where it can be seen
wi th certainty, as in this case, tha t
there is no pos sibility tha t the
activity in qu estion m ay have a
significant effect on the
env ironment, the activity is no t
subject to C EQA.
SEC TION 12 . Severability . If any
provision of this Resolut ion or the
appl ication thereof to any per son 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
severa ble.
SEC TION 13 . Effective Date . Thi s
Resolution shall becom e effective
immediatel y.
AP PROV ED an d ADO PTED by the
City Council and signed by the
Mayor and attested by the City Clerk
this21st day of May, 2025 .
Resolution 2025 -2 92 w as adopted on
May 21, 2025, at the R egular meeting
of the Mayo r and City Council by the
following votes:
AY ES: Sanchez, Ibarra, Figueroa,
Shorett, Knaus, Flores, Orti z
NO ES: None
/s/Telicia L opez
Telicia L opez, CMC, Acting City
Clerk
7/22/ 25
SBS -3948916#
Packet Page. 522
TypeDescriptionAmount
DAILY JOURNAL CORPORATIONLEGAL ADVERTISING P.O. Box 54026 LOS ANGELES CALIFORNIA 90054-0026PHONE: (213) 229-5300 FAX (213) 229-5481FEDERAL TAX ID:95-4133299DateCustomer Account Number Customer Payment Reference Special ProjectOrder NoPage 1 of 1Invoice NumberCALIFORNIA NEWSPAPER SERVICE BUREAUOrdered by:For payment processing, please forward to:DUE UPON RECEIPT.
INVOICEB39489937/22/202503-0271124119954201 N. E ST. BUILDING ASAN BERNARDINO, CA 92401 USA201 N. E ST. BUILDING ASAN BERNARDINO, CA 92401 USAPERLA LOPEZCITY OF SAN BERNARDINO/CITY CLERK - LEADEXECUTIVE ASSISTANT ACCOUNTS PAYCITY OF SAN BERNARDINO/CITY CLERK - LEAD 871.2207/22/202589900 SAN BERNARDINO COUNTY SUNGATT GOVT NOT. W/ATTACHMENTRESO 2025-293InvoiceB3948993 871.22$ 1.27 * 343 AgateLines * 2 Cols * 1 InsDownload invoices/proof or pay online at: adtech.dailyjournal.com/payment Invoice DateGovernment Advertising - Division 1124Invoice NumberCustomer NumberAmount DueDAILY JOURNAL CORPORATIONATTN: ACCOUNTS RECEIVABLEPO BOX 54026LOS ANGELES, CA 90054-0026 871.22Payment:0.00Total:Please Pay:PLEASE PROCESS FOR PAYMENT IMMEDIATELY. DUE UPON RECEIPT.CALIFORNIA NEWSPAPER SERVICE BUREAU 871.22 871.221124119954B39489937/22/2025SAN BERNARDINO, CA 92401 USA201 N. E ST. BUILDING ACITY OF SAN BERNARDINO/CITY CLERK - LEADEXECUTIVE ASSISTANT ACCOUNTS PAYPlease make check payable to: Daily Journal Corporation!A000007159594!invoice with your payment. For account support, 2132295584.or call: [email protected] email:on your check. Also, please detach and return this portion of theTo ensure proper credit please write your account number1124119954
Packet Page. 523
This space for filing stamp only
OR#:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County
of Orange
) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and
entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3948993
Perla Lopez
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401
GATT - GOVT NOT. W/ATTACHMENT
Reso 2025-293
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
07/22/2025
07/22/2025
SAN BERNARDINO
!A000007159595!
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RESOLUT ION NO .2025 -293
RESOLU TIO N OF THE MAYO R
AN D CITY COU NCIL OF T HE
CIT Y OF SAN B ERNARDINO,
CAL IFOR NIA, DECLARING
INTENTIO N TO LEV Y AND
COLLEC T ASSESSMENT S
WITHIN ASSE SSME NT
DISTRIC TS NOS. 102 5 A ND 1027
FO R F ISCAL YE AR 2025 -26,
AP PROV ING THE EN GINEER'S
RE PORT AND PROVIDING
NO T ICE OF THE TIME AND
PLAC E O F HE A RING ON
PR OPOSED ASSESSMENTS
WHEREA S, the City Council of the
City of San Ber nardino (the ‘‘ City
Counc il ’’ ) has established
Ass essment Districts N os. 1025 and
1027 of the City of San Bernard ino
(collec tively, the ‘‘ Assessme nt
Districts ’’ ) pursuant to the Charter
of the City of San Bernar dino an d
Section 19 of Ar ticle 16 and in
compl iance with Article XIII D of
the Cons titution of the State of
California (the ‘‘ As sessment Law ’’ );
and
WHEREA S, on April 16, 20 25, the
City Counci l adopt ed a resolution
initiating proceedings to levy an d
collect assessment s for fiscal ye ar
2025 -26 within the Assessme nt
Districts and ordering the
preparation of a report regarding
assessments to be levied an d
collected within the As sessme nt
Districts for fiscal year 2025 -26 to
pay the costs of the maint enan ce,
servicing and operation of public
landscapi ng and appurte nan t
facilities author ized by the
Ass essment L aw; and
WHEREA S, Spicer Consulting
Group , LL C, the eng ineer
designa ted by the C ity Cou nc il to
prepare such repor t, has filed its
report wi th the City Clerk and such
report has been presented to an d
considered by the City Council; and
WHEREA S, itis ne ces sary that the
City Council adopt a resolution of
intention pursuant to the
Ass essment L aw and, among other
things, fixing and giving notice of
the time and place of a public
hea ring on said report and the
proposed assessments for said fiscal
yea r.
BE IT RESOLVED B Y T HE
MAYOR AND C ITY COUN CIL OF
THE CITY OF SAN
BE RNARDINO AS FOLLO WS:
SEC TION 1. F indings
. The C ity
Counc ilfinds tha t:
(a) Th e above recitals are true an d
correct and are incorpor ated herein
by this reference;
(b) The report of Spicer Consulting
Group , LLC (the ‘‘ R eport ’’ ) conta ins
all matters required by the
Ass essment La w and may,
Packet Page. 524
therefore, be approved by the C ity
Counc il;and
(c) The assessment s which are
proposed to be levied on all parce ls
of ass essable land w ithin the
Ass essment Districts for fiscal ye ar
2025 -26 are determi ned pur sua nt the
met hodology in the engineer 'sreport
based on special benefit conferred
upon each such parce l from the
paymen t of the cost of the
main tenance, servicing and
operation of pub lic lands caping an d
appurtenant facilities.
SEC TION 2. I ntention . Th e C ity
Counc il declares that it inten ds to
levy assessments on all lots and
parcel s of assessable land with in the
Ass essment Districts for fiscal ye ar
2025 -26, as set forth in the Rep ort.
Those ass essments w illbe collected
at the same time and in the same
manner as county taxes are
collected, and all laws providing for
the collection and enforcement of
coun ty taxes shall apply to the
collection and enforcement of the
assessments.
SEC TION 3. Im provem ents
. The
improv ements author ized for the
Ass essment Districts are:
(a) The installation or planting o f
publ ic landscaping and appurten an t
facilities;
(b) The installation or construction
of any facilities w hich are
appurtenant to any of the foregoing
or whic h are nec essary or
conv en ient for the maintenan ce,
servicing and oper ation thereo f,
including water , irrigation, drain ag e
or electrical facilities;and
(c) Th e maintenance or serv icing,
or both, of any of the foreg oing,
including allmat ters specified in the
Ass essment Law and the original
eng ineer's repor t which are
appl icable thereto.
SEC TION 4. M ainte nance . The
main tenance to be performed
consists of the furnishing of services
and materi als for the ordinary an d
usual mainte na nce, operation, and
servicing of public landsca pe,
including:
(a) Repair, removal, or
replac ement of all, or any pa rt of,
the imp rov em ents there on,
including incidental dra inage
facilities.
(b) Op eration, mai ntenance, rep air,
and replace ment of irrigation
systems.
(c) Se rvicing and maintenanc e of
plan tings and landscaping.
(d) Repair and m aintenance of
inciden taldrainage facilities .
SEC TION 5. Assessm ent D istricts .
The distinctive designat ion of the
Ass essment D istricts are
‘‘ A ssessment District No. 1025
(Palm Avenue and Was hington
Aven ue Ar ea) of the City of San
Bernardino ’’ and ‘‘ Assessme nt
District No. 1027(Waterm an Ave nu e
and W ash ington Street Area) of the
City of San Bernardino. ’’ Th e
bou ndaries of the Assessme nt
Districts are described and sho wn in
the Repor t.
SEC TION 6. Report an d
Ass essments . The Report, w hich is
on file with the City Clerk, and wh ich
has be en present ed to the C ity
Counc ilat the meet ing in w hich this
resolution is ad opted, is app rov ed.
Ref eren ce is made to the Report for
a full and deta iled description of the
improv ements, the boundaries of the
Ass essment Districts, and the
proposed assessments upon
assessable l ots and parcels of land
therein for the 2025 -2 6 fiscalyear.
SEC TION 7.Hearing .The time and
place of the hea ring required by the
Ass essment Law is set for 5:00
o'clock p.m. on July 2 1, 2025 in the
Bing Wong A uditorium of the
Norma n F. Feldhe ym P ublic
Lib rary at 555 W. 6th Street, San
Bernardino, California.
SEC TION 8. Not ice of Hearing .
NO T ICE IS HERE BY GIVEN tha t
on the date and at the tim e and place
spe cified in Section 7hereof, the C ity
Counc il will conduct the public
hea ring on the Report an d the
ass essments to be levied on
assessable lots and par cels of
property in the A ssessment Districts
for fiscal year 2025 -2 6. Any
interested per son m ay filea written
protest with the City Clerk prior to
the conclus ion of the hearing, which
protest mus t state all groun ds of
objection and describe the prope rty
wi thin the Asses sment Districts
ow ne d by any such pers on.
SEC TION 9. Publication . The City
Clerk shall caus e a copy of this
resolution to be published onc e in
The San Ber nardino Sun as required
by the A ssessme nt Law and Section
6061 of the Government Code. Upon
compl etion of such publication, the
City Clerk shall file in her office a
proof of publication dem onstrating
compl iance with the requirements of
thissection.
SEC TION 10. Designat ed Person .
The City C oun cil designates Spicer
Consul ting Group, LLC, telephon e
number (866)504 -2067, as the person
to answer inquiries regarding the
levying and collection of the
assessments for fiscal year 2 025 -26.
SEC TION 11 . CEQA . The Mayor
and City Council finds this
Resolut ion is not subject to the
California En vironmental Quality
Act (CEQA) in that the activity is
covere d by the general rule tha t
CEQA applies only to projects wh ich
have the potential for cau sing a
significant effect on the
env ironment. Where it can be seen
wi th certainty, as in this case, tha t
there is no pos sibility tha t the
activity in qu estion m ay have a
significant effect on the
env ironment, the activity is no t
subject to C EQA.
SEC TION 12 . Severability . If any
provision of this Resolut ion or the
appl icat ion thereof to any per son 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
severa ble.
SEC TION 13 . Effective Date . Thi s
Resolution shall becom e effective
immediatel y.
AP PROV ED an d ADO PTED by the
City Council and signed by the
Mayor and attested by the City Clerk
this21 st day of May 2 025.
Resolution 2025 -2 93 w as adopted on
May 21, 2025, at the R egular meeting
of the Mayo r and City Council b y the
following votes:
AY ES: Sanchez, Ibarra, Figueroa,
Shorett, Knaus, Fl ores, Ortiz
NO ES: None
/s/Telicia L opez
Telicia L opez, CMC, Acting City
Clerk
7/22/ 25
SBS -3948993#
Packet Page. 525
TypeDescriptionAmount
DAILY JOURNAL CORPORATIONLEGAL ADVERTISING P.O. Box 54026 LOS ANGELES CALIFORNIA 90054-0026PHONE: (213) 229-5300 FAX (213) 229-5481FEDERAL TAX ID:95-4133299DateCustomer Account Number Customer Payment Reference Special ProjectOrder NoPage 1 of 1Invoice NumberCALIFORNIA NEWSPAPER SERVICE BUREAUOrdered by:For payment processing, please forward to:DUE UPON RECEIPT.
INVOICEB39489957/22/202503-0271124119954201 N. E ST. BUILDING ASAN BERNARDINO, CA 92401 USA201 N. E ST. BUILDING ASAN BERNARDINO, CA 92401 USAPERLA LOPEZCITY OF SAN BERNARDINO/CITY CLERK - LEADEXECUTIVE ASSISTANT ACCOUNTS PAYCITY OF SAN BERNARDINO/CITY CLERK - LEAD 1,429.3007/22/202589900 SAN BERNARDINO COUNTY SUNGPN GOVT PUBLIC NOTICERESO 2025-294InvoiceB3948995 1,369.06$ 1.27 * 539 AgateLines * 2 Cols * 1 Ins 60.24ONLINEDownload invoices/proof or pay online at: adtech.dailyjournal.com/payment Invoice DateGovernment Advertising - Division 1124Invoice NumberCustomer NumberAmount DueDAILY JOURNAL CORPORATIONATTN: ACCOUNTS RECEIVABLEPO BOX 54026LOS ANGELES, CA 90054-0026 1,429.30Payment:0.00Total:Please Pay:PLEASE PROCESS FOR PAYMENT IMMEDIATELY. DUE UPON RECEIPT.CALIFORNIA NEWSPAPER SERVICE BUREAU 1,429.30 1,429.301124119954B39489957/22/2025SAN BERNARDINO, CA 92401 USA201 N. E ST. BUILDING ACITY OF SAN BERNARDINO/CITY CLERK - LEADEXECUTIVE ASSISTANT ACCOUNTS PAYPlease make check payable to: Daily Journal Corporation!A000007159596!invoice with your payment. For account support, 2132295584.or call: [email protected] email:on your check. Also, please detach and return this portion of theTo ensure proper credit please write your account number1124119954
Packet Page. 526
This space for filing stamp only
OR#:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County
of Orange
) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and
entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3948995
Perla Lopez
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401
GPN - GOVT PUBLIC NOTICE
Reso 2025-294
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
07/22/2025
07/22/2025
SAN BERNARDINO
!A000007159597!
Email
RESOLUT ION NO .2025 -294
RESOLU TIO N OF THE MAYO R
AN D CITY COU NCIL OF T HE
CITY OF SAN B ERNARDINO,
CAL IFOR NIA, DECLARING
INTENTIO N TO LEV Y AND
COLLEC T ASSESSMENT S
WITHIN ASSE SSME NT
DISTRIC TS NOS. 102 8, 102 9, 1030,
1031, 1032, 1035 (ZONE 1), 1035
(ZONE 2), 103 6, 1037, 10 38, 1039,
104 0, 1041, 1042 , 104 3 (Z ONE 1),
104 3 (ZO NE 2 ), 10 45, 1046,
104 7,1048, 1049, 10 50, 1 051, 1052,
1054, 1055, 1056, 10 57, 1 059, 1060,
106 3,1064, AND 10 68 FOR FISCAL
YE AR 2025 -26, APP ROVI NG T HE
ENGINE ER' S R EPO RT AND
PR OVIDIN G N OTICE OF T H E
TIM E AND PLACE OF HE ARING
ON P ROPO SED ASSESSMENTS
WHEREA S, the City Council of the
City of San Ber nardino (the ‘‘ City
Counc il ’’ ) has established
Ass essment Districts Nos. 1028, 102 9,
1030,1031, 1 032, 1035 (Z one 1), 1035
(Zone 2),1 036,1037 ,1 038,1039,104 0,
1041, 1042 ,1043 (Z one 1 ),1043 (Zo ne
2), 1 045,1046 , 1047, 1 048, 1 049,1050,
1052,1054,1055,1 056,1057 ,1059,106 0,
1063,1064 and 1068 of the City of San
Bernardino (collectively, the
‘‘ A ssessment Dis tricts ’’ ) pursuan t to
the Charter of the City o f San
Bernardino an d Section 1 9 of Article
16 and in compliance w ith Article
XIIID of the Const itution of the
State of California (the ‘‘ Assessme nt
Law ’’ );and
WHEREA S, on April 16 , 2025, the
City Counci l adopt ed a resolution
initiating proceedings to levy an d
collect assessment s for fiscal ye ar
2025 -26 within the Assessme nt
Di stricts and ordering the
preparation of a report regarding
assessments to be levied an d
collected within the Assessme nt
Di stricts for fiscal year 2025 -26 to
pay the costs of the maint e nan ce,
servicing and operation of public
landscapi ng and appurte nan t
facilities author ized by the
Ass essment L aw; and
WHEREA S, Spicer Consulting
Group , LL C, the eng ineer
designa ted by the City Cou nc il to
prepare such repor t, has filed its
report wi th the C ity Clerk and such
report has been presented to an d
considered by the City Council; and
WHEREA S, itis neces sary that the
City Council adopt a resolution of
intention purs uant to the
Ass essment L aw and, among other
things, fixing and giving notice of
the t ime and place of a public
hea ring on said report and the
proposed assessments for said fiscal
yea r.
BE IT RESOLVED B Y T HE
MAYOR AND C ITY COUN CIL OF
Packet Page. 527
THE CITY OF SAN
BE RNARDINO AS FOLLOWS:
SEC TION 1. F indings . The City
Counc ilfinds tha t:
(a) Th e above recita ls are true an d
correct and are incorpor ated herein
by this reference;
(b) The report of Spicer Cons ulting
Group ,LLC (the ‘‘ R eport ’’ ) conta ins
all matters required by the
Ass essment Law and ma y,
therefore, be approved by the City
Counc il;and
(c) The assess ment s which are
proposed to be levied on all parce ls
of ass essable land w ithin the
Ass essment Districts for fiscal ye ar
2025 -26 are determi ned pur sua nt the
met hodology in the engineer's report
based on special benefit conferred
upon each such parce l from t he
paymen t of the cost of the
main tenance, servicing and
operation of pub lic lands caping an d
appurtenant facilities.
SEC TION 2. Intention . Th e City
Counc il declares that it inten ds to
levy assessments on all lots and
parcel s of assessable land with in the
As sessment Districts for fiscal ye ar
2025 -26, as set forth in the Rep ort.
Those ass essments w illbe collected
at the same time and in the same
manner as county taxes are
collected,and all laws providing for
the collection and enforcement of
coun ty taxes sha ll apply to the
collection and enforcement of the
assessments.
SEC TION 3. Improvem ents . (i) The
improv ements author ized for the
listed Assessment Dis tricts (exce pt
Ass essment Districts N os. 1055 and
1068) are:
(a) The installation or planting of
publ ic land scaping and appurten an t
facilities;
(b) The installation or construction
of any facilities w hich are
appurtenant to any of the foregoing
or whic h are nec essary or
conv en ient for the maintenan ce,
servicing and oper ation thereo f,
including water, irrigation, drain ag e
or electrical facilities; and
(c) Th e maintenance or serv icing,
or both, of any of the foreg oing,
including allmat ters specified in the
Ass essment Law and the original
eng ineer's repor t which are
appl icable thereto.
(ii) The impro vem ents aut hori zed
for the Ass essment D istrict No .1055
are:
(a) The installation or planting of
landscapi ng and sew er liftstations
and appurtenan t facilities;
(b) The installation or construction
of any facilities w hich are
appurtenant to any of the foregoing
or whic h are necessary or
conv en ient for the m aintenan ce or
servicing thereof,and
(c) Th e maintenance or serv icing,
or both, of any of the foreg oing,
including allmat ters specified in the
Ass essment Law and the original
eng ineer's repor t which are
appl icable ther eto.
(iii) The improvements autho rized
for the Ass essment D istrict No .1068
are:
(a) The installation or planting of
landscape, detention bas in an d
storm drains and appurten an t
facilities;
(b) The installation or construction
of any facilities w hich are
ap purtenant to any of the foregoing
or whic h are nec essary or
conv en ient for the m aintenan ce or
servicing thereof,and
(c) Th e maintenance or serv icing,
or both, of any of the foreg oing,
including allmat ters specified in the
Ass essment Law and the original
eng ineer's repor t which are
appl icable thereto.
SEC TION 4. M aintenance . The
main tenance to be performed
consists of the furnishing of services
and materi als for the ordinary an d
usual mainte na nce, operation, and
servicing of public landsca pe,
including:
(a) Repair, removal, or
replac ement of all, or any pa rt of,
the impr ov em ents there on,
including incidental drainage
facilities.
(b) Op eration,mai ntenance, rep air,
and replace ment of irrigation
systems.
(c) Se rvicing and maintenanc e of
plan tings and landscapi ng.
(d) Repair and m aintenance of
inciden taldrainage facilities.
SEC TION 5. Assessm ent D istricts .
The distinctive designation of each
of the Ass essment Dis tricts is as
follows: ‘‘ Assessment Di strict No.
1028 (Ohio Av enue and Walnu t
Aven ue Ar ea) of the City of San
Bernardino, ’’ ‘‘ Assessm ent District
No. 1029 (California Street and 16th
Street Ar ea) of the City of Sa n
Bernardino, ’’ ‘‘ Assessm ent District
No. 1030 (Magnolia Avenue an d Ohio
Aven ue Ar ea) of the City of San
Bernardino, ’’ ‘‘ Assessm ent District
No. 1031 ( Irvington Avenue an d
Olive Avenue Ar ea) of the City of
San Bernardino, ’’ ‘‘ Assessme nt
Di strict No. 1 032 (Pal m Avenue an d
Verdem ont Driv e) of the City of Sa n
Bernardino, ’’ ‘‘ Assessm ent District
No. 1035 (Z one 1 and Zone 2) (P alm
Aven ue and Meyers Road) of the
City of San Bernardin o, ’’
‘‘ A ssessment Dis trict No. 1036
(Northpark Boulevard and Camp us
Parkw ay) of the City of Sa n
Bernardino, ’’ ‘‘ Assessme nt D istrict
No. 1037 (Belmont Avenu e an d
Magnolia Ave nu e) of the City of Sa n
Bernardino, ’’ ‘‘ Assessm ent District
No. 1038 (Or an ge Sh ow Road and
Arr ow head Avenue) of the City of
San Bernardino, ’’ ‘‘ Assessme nt
Di strict No. 1 039 (Irvington Ave nu e
and Ches tnut A venue Ar ea) of the
City of San Bernardi no, ’’
‘‘ A ssessment Dis trict No. 1040
(Acaci a Avenue and Hill Dri ve
Area) of the City of Sa n
Bernardino, ’’ ‘‘ Assessm ent District
No. 1041 (Magnolia Avenue an d Ohio
Aven ue Ar ea) of the City of San
Bernardino, ’’ ‘‘ Assessm ent District
No. 1042 (Shandin Hills Drive an d
Shady Creek D rive) of the City of
San Bernardino, ’’ ‘‘ Assessme nt
Di strict No. 1 043 (Zone 1 and Zone 2)
(Palm Avenue and IrvingtonAve nu e
Area) of the City of Sa n
Bernardino, ’’ ‘‘ Assessm ent District
No. 104 5 (Waterm an Avenue an d
Orang e Show Road Ar ea) of the City
of Sa n Ber nardino, ’’ ‘‘ Assessme nt
Di strict No . 1046 (Northp ark
Bou levard and N o rthstar Ave nu e
Area) of the City of Sa n
Bernardino, ’’ ‘‘ Assessm ent District
No. 104 7 (Ohio Avenue and Pine
Aven ue Ar ea) of the City of San
Bernardino, ’’ ‘‘ Assessm ent District
No. 1048 (Eucalyptus Avenue an d
Ra ndall Avenu e Area) of the City of
San Bernardino, ’’ ‘‘ Assessme nt
Di strict No. 1 049 (Ohio Aven ue and
Chestn ut Avenu e Area) of the City of
San Bernardino, ’’ ‘‘ Assessme nt
Di strict No. 1 051 (Ohio Aven ue and
Belmont Avenue Ar ea) of the City of
San Bernardino, ’’ ‘‘ Assessme nt
Di strict No . 1050 (Pepper Ave nu e
and R ialto Aven ue Ar ea) of the City
of Sa n Ber nardino, ’’ ‘‘ Assessme nt
Di strict No . 1052 (Bel mont Ave nu e
and Ches tnut A venue Ar ea) of the
City of San Bernardi no, ’’
‘‘ A ssessment Dis trict No. 1054
(Campus Par kway and Valles Dri ve
Area) of the City of Sa n
Bernardino, ’’ ‘‘ Asse ssm ent District
No. 1055 (Pine Avenue and Redwood
Street Ar ea) of the City of Sa n
Bernardino, ’’ ‘‘ Assessm ent District
No. 1056 (Mag nolia Avenu e an d
Ga rfield Street Area) of the City of
San Bernardino, ’’ ‘‘ Assessme nt
Di strict No. 1057 (Cajon Boulev ard
and U nive rsity Parkway Area) of
the City of San Bernardino ’’
‘‘ A ssessment Dis trict No. 1059
(Or ange Show Road and Tipp eca no e
Aven ue Ar ea) of the City of San
Bernardino, ’’ ‘‘ Assessm ent District
No. 106 0 (C hiquita Lane and Da te
Street Ar ea) of the City of Sa n
Bernardino, ’’ ‘‘ Assessm ent District
No. 1063 (Central Avenue and Lena
Road Ar ea) of the City of San
Bernardino, ’’ ‘‘ Assessm ent District
No. 1064 (Cajon Boulevard an d G len
Packet Page. 528
Helen Parkway Area) of the City of
San Bernardi no ’’ and ‘‘ Assessme nt
Di strict No . 106 8 (Ti ppe ca no e
Ave nue and Cen tralAvenue Area) of
the City of San Bernardino. ’’ Th e
bou ndaries of the Assessme nt
Di stricts are described and sho wn in
the Repor t.
SEC TION 6. Report an d
Ass essments . The Report, w hich is
on file with the City Clerk,and wh ich
has be en present ed to the City
Counc ilat the meet ing in w hich this
resolution is ad opted, is app rov ed.
Ref eren ce is made to the Report for
a full and deta iled description of the
improv ements, the boundaries of the
Ass essment Districts, and the
proposed assessments upon
ass essable lots and parcels of land
therein for the 2025 -26 fiscalyear.
SEC TION 7. Hearing .The time and
place of the hea ring required by the
Ass essment Law is set for 5:00
o'clock p.m. on July 1 6, 2025 in the
Bing Wong A uditorium of the
Norma n F. Feldhe ym P ublic
Libra ry at 555 W. 6 th Street, San
Bernardino, California.
SEC TION 8. Not ice of Hearing .
NO T ICE IS HERE BY G IVEN tha t
on the date and at the tim e and place
spe cified in Section 7 hereof, the City
Counc il will conduct the public
hea ring on the Report an d the
assessments to be levied on
assessable lots and par cels of
property in the A ssessment Districts
for fiscal year 2025 -26. Any
interested per son m ay filea written
protest with the City Clerk prior to
the conclus ion of the hearing, which
protest mus t s tate all groun ds of
objection and describe the prope rty
wi thin the Asses sment Districts
ow ne d by any such pers on.
SEC TION 9. Publication . The City
Clerk shall caus e a copy of this
resolution to be published onc e in
The San Ber nardino Sun as required
by the A ssessment Law and Section
6061 of the Government Code. Upon
compl etion of such publication, the
City Clerk shall file in her office a
proof of publication dem onstrating
compl iance with the requirements of
thissection.
SEC TION 10. Designat ed Person .
The City Council designates Spicer
Consul ting Group, LLC, telephon e
number (86 6) 504 -2067 ,as the person
to answer inquiries regarding the
levying and collection of the
assessments for fiscal year 2025 -26.
SEC TION 11 . CEQA . The Mayor
and City Council finds thi s
Resolution is not subject to the
California En vironmental Quality
Act (CEQA) in that the activity is
covere d by the general rule tha t
CEQA applies only to projects wh ich
have the potential for cau sing a
significant effect on the
env ironment. Where it can be seen
wi th certainty, as in this case, tha t
there is no pos sibility tha t the
activity in qu estion m ay have a
significant effect on the
env ironment, the activity is no t
subject to CEQA.
SEC TION 12 . Severability . If any
provision of this Resolut ion or the
appl ication thereof to any per son 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
severa ble.
SEC TION 13 . Effective Date . Thi s
Resoluti on shall becom e effective
immediatel y.
AP PROV ED an d ADO PTED by the
City Council and signed by the
Mayor and attested by the City Clerk
this21 st day of May 2025.
Resolution 2025 -294 w as adopted on
May 21, 2025,at the R egular meeting
of the Mayo r and City Council by the
following votes:
AY ES: Sanchez, Ibarra, Figueroa,
Shorett,Knaus, Fl ores,Ortiz
NO ES:None
/s/Telicia L opez
Telicia L opez, CMC, Acting City
Clerk
7/22/25
SBS -3948995#
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 6, 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. February 5, 2025 Regular Meeting Draft Minutes
2. February 19, 2025 Regular Meeting Draft Minutes
3. May 17, 2023 Regular Meeting Draft Minutes
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Packet Page. 530
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, FEBRUARY 5, 2025
3:30 PM
Closed Session was called to order at 3:33 p.m. by Mayor Helen Tran on Wednesday, February 5, 2025, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Absent
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Late
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Courtney Bowen Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz
Packet Page. 531
Regular Meeting Draft Minutes February 5, 2025
Mayor and City Council of the City of San Bernardino Page 2 3:30 P.M.
CLOSED SESSION PUBLIC COMMENT
There were no public comments or requests to speak for Closed Session
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Cesar Marroquin v. City of San Bernardino, et al., United States District Court Case No. 5:23cv-1074-SSS-KK
ii. Platinum Security Inc. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2424508
iii. Maria Segura, as Successor in interest to Nicholas Segura, et al. v. City of S.B., United States District Court Case No. 5:22-cv-00277-JGB-SP. Ninth Circuit Court of Appeal Docket No. 24-244508
B) PUBLIC EMPLOYEE APPOINTMENT AND PERFORMANCE EVALUATION
PROCESS
(Criteria, Timing, Goal Setting, and Other Preliminary Matters) Titles: City Attorney, City Clerk, City Manager
C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):
Agency Designated Representative: City Manager
Employee Organization: General Unit (Teamsters Local 1932), Management Confidential Group (SBCMA), Mid Management Unit (Teamsters Local 1932), Police Dispatch Unit (SBPDA), Police General Unit (AFSCME District Council 36), Police Management Unit (PMA), and Police Safety Unit (SBPOA) 5:00 PM
Open Session was called to order at 5:46 PM by Mayor Helen Tran on Wednesday, February 5, 2025, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Absent
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Present
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Albert Maldonado Assistant City Attorney Present
Genoveva Rocha City Clerk Present
Courtney Bowen Deputy City Clerk Present
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Regular Meeting Draft Minutes February 5, 2025
Mayor and City Council of the City of San Bernardino Page 3
INVOCATION AND PLEDGE OF ALLEGIANCE
Chaplain Joseph Paul Lujan from Victory Outreach Church led the invocation. Ismael Abdulzahir from Highland Pacific Elementary School led the Pledge of Allegiance to the Flag.
CLOSED SESSION REPORT
Assistant City Attorney Albert Maldonado advised that there was no reportable action from Closed Session.
PRESENTATION
1. Proclamation for Black History Month in the City of San Bernardino – February 2025 (All Wards)
The Mayor and City Council presented the proclamation to Mr. Carl Dameron, Black Culture Foundation; Pastor Josh Beckley, Ecclesia Christian Fellowship Church and the IEAACC (Inland Empire African American Chamber of Commerce); Marcus Funchess, Ed.D., Assistant Superintendent, Human Resources, San Bernardino City Unified School District; Rich Wallace, President, So Cal Black Chambers of Commerce; Robert J. Nava, J.D., CFRE, Vice President, University Advancement, Executive Director, CSUSB (Cal State University San Bernardino) Philanthropic Foundation.
Mr. Carl Dameron accepted the proclamation and thanked the Mayor and City Council.
APPOINTMENTS
Council Member Ortiz requested to remove items 4 and 7 from consideration. She stated she would re-appoint at a later date because one of her appointees was ineligible.
There was a consensus among the Mayor and City Council to vote on the remaining appointments in one vote.
2. Animal Control Commission reappointment of Alberta (Bertie) R. Vanettes RESULT: APPROVED APPOINTMENT OF ALBERTA (BERTIE) R.
VANETTES [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
3. Arts and Historical Preservation Commission Appointment of Victor Suarez (Ward 7)
RESULT: APPROVED APPOINTMENT OF VICTOR SUAREZ[6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
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Regular Meeting Draft Minutes February 5, 2025
Mayor and City Council of the City of San Bernardino Page 4
4. Charter Review Committee Appointment of Victoria Sanchez (Ward 7) RESULT: REMOVED FROM CONSIDERATION; NO ACTION TAKEN
5. Downtown Advisory Committee Appointment of Tia Lynn N. Johnson (Ward 7) RESULT: APPROVED APPOINTMENT OF TIA LYNN N. JOHNSON [6-0] MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
6. Elected Official Compensation Advisory Commission appointment of Nefertera I. Evans (Ward 7)
RESULT: APPROVED APPOINTMENT OF NEFERTERA I. EVANS [6-0] MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
7. General Plan Advisory Committee (Voting Member) Appointment of Dolores H. Armstead (Ward 7)
RESULT: REMOVED FROM CONSIDERATION; NO ACTION TAKEN
8. Measure S Citizens’ Oversight Committee Appointment of Francesca P.
Villerreal (Ward 7)
RESULT: APPROVED APPOINTMENT OF FRANCESCA P. VILLERREAL[6- 0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
9. Parks, Recreation and Community Services Commission Appointment of Ronald G. Donis (Ward 7)
RESULT: APPROVED APPOINTMENT OF RONALD G. DONIS [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
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Mayor and City Council of the City of San Bernardino Page 5
10. Planning Commission Appointment of Dan R. Carlone (Ward 7) RESULT: APPROVED APPOINTMENT OF DAN R. CARLONE [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
11. Public Safety and Human Relations Commission Appointment of Michael G.
Hartley (Ward 7)
RESULT: APPROVED APPOINTMENT OF MICHAEL G. HARTLEY [6-0] MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
Assistant City Attorney Albert Maldonado made a statement about the items that were pulled by Council Member Ortiz; He clarified that a Charter Review Committee appointee must reside in the Ward represented by the appointing Council Member.
City Clerk Genoveva Rocha administered the Oaths of Office. Mayor Tran and Council Member Ortiz presented the appointment certificates.
CITY MANAGER UPDATE
Public Information Officer Jeff Kraus provided citywide updates. Highlights included the Animal Services department assisting animals in the Palisades fires, Lunar New Year celebrations, and homeless encampment cleanups.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Al Palazzo shared a personal story about overcoming challenges and expressed his passion for European architecture and social justice, asking to join the City team to advocate for immigrants and community resilience.
Mike Hartley thanked Council Member Ortiz for appointing him to the Public Safety and Human Relations Commission. He appreciates that this commission includes Code Enforcement.
Kevin Mahany, Family Assistance Program, expressed support for the “Symba Center”, a wellness center in Victorville.
Julia Stauder spoke about expanding her arts consignment business into San Bernardino but noted barriers like deteriorating downtown buildings and lack of community involvement, urging improvements to boost jobs and arts.
Tiana Lopez spoke about Downtown’s unsafe conditions, especially in parking
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Regular Meeting Draft Minutes February 5, 2025
Mayor and City Council of the City of San Bernardino Page 6 structures, calling for public restrooms and better facilities for homeless individuals.
Juan Delgado, Teamsters Local 1932, called for City leadership to support workers with fair wages and benefits and promote stability.
Carlos Gonzales, also from Teamsters Local 1932, emphasized labor negotiations focused on pay and benefits, highlighted recruitment challenges, and thanked city officials for engagement with the union.
Don Newton, a Vietnam veteran, shared frustration with code enforcement over his drought-friendly front yard, requesting more time and financial incentives to maintain it.
Georgia L. spoke against the animal shelter for euthanizing animals, accusing leadership of inhumane practices and calling for major changes.
Lydia Savala presented shelter statistics showing high euthanasia and animal death rates.
Sharon Negrete accused shelter director Kris Watson of mismanagement, misuse of funds, and poor facility maintenance.
Stephanie Levinsky, shelter volunteer, advocated for a comprehensive approach to controlling animal populations.
Chad Keeville thanked the city for timely pothole repairs before the rain.
Luis Ojeda pointed out ongoing lighting issues in city parking structures and expressed cynicism about political promises addressing homelessness, crime, and enforcement.
Kimberly Calvin praised Black History Month observances, urged filling the vacant DEI (Diversity, Equity, and Inclusion) staff position, and stressed the importance of youth programs and stronger ties with the school district.
Dolores Armstead congratulated new council members and expressed hope that new commissioners will help advance the city.
Emily Reyes described a mix-up involving her dog being taken by animal control over a bite accusation, expressing concern for fairness and requesting communication from animal services.
Ben Pratt of IBEW (International Brotherhood of Electrical Workers) highlighted progress on infrastructure projects and workforce agreements, thanking city officials for their support and expressing optimism for the future.
City Clerk Rocha announced that written comments were also received. Copies were provided to the Mayor and City Council and available online.
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Mayor and City Council of the City of San Bernardino Page 7
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 ITEMS 14 AND 15 FOR A SEPARATE VOTE [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
12. Ratification of Lease Agreement with Mobile Modular for Modular Buildings at the Animal Shelter (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California, ratify the agreements with Mobile Modular for the lease and extension of use of two modular buildings at the current animal shelter site, with a monthly rental cost of $3,996.56 which is budgeted.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
13. Accept Grant Funding in the Amount of $8,650 from UC Davis for Volunteer and Foster Care Supplies (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-025:
1. Authorizing the Department of Animal Services to accept grant funding in the amount of $8,650 from UC Davis for animal sheltering programs; and
2. Ratifying the first amendment to the grant agreement with UC Davis; and
3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Budget to appropriate $8,650 of the grant funding in both revenues and expenditures for animal shelter programs and services.
RESULT: ADOPTED RESOLUTION NO. 2025-025 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
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Mayor and City Council of the City of San Bernardino Page 8
14. Award Professional Services Agreement with Miller Cespedes and Associates LLC, in an amount not to exceed $125,000 for State Legislative Advocacy Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Miller Cespedes and Associates LLC for State Legislative Advocacy Services.
Council Member Ortiz pulled this item for further discussion. She asked staff why a consultant was being retained for State Legislative Advocacy Services. Legislative and Governmental Affairs Manager Luis Marquez advised that the reason for the service is to make sure the City’s interests are well represented in State legislative activities.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Treasure Ortiz, Council Member, Ward 7
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
15. Memorandum of Understanding Regarding Land Designation of APN 0278-181-20 & a Portion of APN 0278-191-30, Also Known as Palm Field and the Antil Plant Site (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California:
1. Adopt Resolution No. 2025-026 of the Mayor and City Council of San Bernardino, California, approving the redesignation of real property owned by the San Bernardino Municipal Water Department, generally located on the north side of East 6th Street, west of Pedley Road, also known as APN 0278-181-20 and a portion of 0278-191-30 as defined in Exhibit A attached hereto; and
2. Authorize the City Manager to execute the Memorandum of Understanding (MOU)
Council Member Ibarra pulled this item to ask staff if redesignation of the property meant that the City was purchasing it. Acting City Manager Clayton stated that the property is owned by the Water Department, and the City is entering into an agreement with the Water Department to regain ownership and use of the land.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Sandra Ibarra, Council Member, Ward 2
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
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Mayor and City Council of the City of San Bernardino Page 9
16. Purchasing Card Report for FY 2022/23 & FY 2023/24 (All Wards) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the Purchasing Card Report for FY 2022/23 & FY 2023/24.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
17. Amendment No. 1 to Q3 Consulting Professional Services Agreement in the amount of $48,548 to expand the scope and add an alternative along North Little League Drive, Belmont Avenue, and W. Meyers Road in the Focused Drainage Study of Meyers Creek Drainage System, for a total contract not-to- exceed $315,319
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 Q3 Consulting in the amount of $48,548.00, for a total contract not-to-exceed amount of $315,319.00 to prepare for Focused Drainage Study for Meyers Creek Drainage System; and
2. Authorize the Director of Finance and Management Services to adopt Resolution 2025-027 to amend the FY 2024/25 Capital Improvement Plan by re-allocating $48,548.00 from the Storm Drain Upgrade project to the Focused Drainage Study for Meyers Creek System; and
3. Authorize the City Manager, or designee, to sign and execute all documents necessary for the Amendment.
RESULT: APPROVED STAFF’S RECOMMENDATION; ADOPTED
RESOLUTION NO. 2025-027 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
18. Approve Stop Sign Installation at Various Locations under an Existing Contract with Calstripe, Inc., at a Cost of Approximately $4,000 per location, which is Budgeted (Wards 1,3,4,7)
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Mayor and City Council of the City of San Bernardino Page 10 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2025-028, authorizing the City Manager and/or designee to amend the City’s Master List of certain streets or portions therefor as through highways and authoring the establishments of Stop control at the following locations:
a. Hill Dr & Mountain Dr (Ward 4)
b. Holly Vista Blvd & Garrilee Dr (Ward 7)
c. Holly Vista Blvd and Conejo Dr (Ward7)
d. Holly Vista Blvd & Garden Dr (Ward 7)
e. Esperanza St & K St (Ward 3)
f. Mountain View Ave & 33rd St (Ward 7)
g. Mountain View Ave & 36th St (Ward 7)
h. 40th St & Golden Ave (Ward 4)
i. 46th St & Genevieve St (Ward 4)
j. Rialto Ave and J St (Ward 1,3)
k. Valencia Ave & Marshall Blvd (Ward 7)
RESULT: ADOPTED RESOLUTION NO. 2025-028 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
19. Award of Construction Agreement for Improvements at Ruben Campos Community Center to Perfection Painting Corp in the amount of $327,100.00 (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-029:
1. Approving the award of a Construction Agreement with Perfection Painting Corp in the amount of $327,100.00 for the Improvements at Ruben Campos Community Center (Project); and
2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $65,420.00 for construction of the project.
3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $178,084.00 from the AB 1600 Parkland and Op Fund to bring the total project budget to $392,520.00.
4. Authorizing the City Manager or designee to execute all documents with Perfection Painting Corp; and
5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or
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Mayor and City Council of the City of San Bernardino Page 11 Reconstruction”).
RESULT: ADOPTED RESOLUTION NO. 2025-029 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
20. Award Professional Services Agreement for Safe Streets and Roads for All (SS4A) for Baseline Street Study Analysis to KOA Corporation, for the total project budget amount of $301,000 (Wards 1,2,6,7)
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 design services contract with KOA Corporation for the Safe Streets and Roads for All (SS4A) Baseline Street Study Analysis, Strategy Design, and Local Roadway Safety Plan. The contract includes $105,700 for community engagement and $174,800 for all other tasks, totaling $280,500.
2. Authorize the Director of Finance & Management Services to allocate a contingency amount of $20,500, ensuring the total project budget for the Safe Streets and Roads for All (SS4A) Baseline Street Study remains within the grant award amount of $301,000.
3. Authorize the Director of Finance & Management Services to approve the use of the Safe Streets and Roads for All (SS4A) Baseline Street Study grant award and match funding, ensuring all expenditures, including the contingency, remain within the total project budget of $301,000.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
21. Receive and File San Bernardino Municipal Water Department’s Audited Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2024 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the San Bernardino Municipal Water Department’s audited Annual Comprehensive Financial Report for water and sewer utilities for Fiscal Year ended June 30, 2024.
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Mayor and City Council of the City of San Bernardino Page 12 RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT:Juan Figueroa
DISCUSSION
22. Authorization to Initiate Reorganization Proceedings with the City of Highland for a .56-acre Parcel Located at the Southeast Corner of Victoria Avenue and 5th Street (APN: 1192-551-01) (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to initiate reorganization proceedings with the City of Highland regarding APN: 1192-551-01, consisting of a .56-acre parcel, located at the southeast corner of Victoria Avenue and 5th Street, within the sphere of influence and boundary of the City of San Bernardino.
The Mayor and City Council waived any presentation or discussion for this item.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Dr. Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
ABSENT: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 Council Member Ibarra attending the Central Valley Homeless Provider Network Regional Steering Committee; Ibarra and Ortiz attending the Homeless Partnership Continuum of Care meeting with San Bernardino County; and Knaus, Flores, Ortiz, and Mayor Tran attending the California League of Cities New Mayor and Council Members Academy. Mayor Tran also attended the U.S Council of Mayors’ Annual Meeting.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, February 5, 2025 at 7:24 p.m. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the Regular Meeting on February 19, 2025, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and the Open Session will begin at 5:00 p.m.
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, FEBRUARY 19, 2025
3:00 PM
Closed Session was called to order at 3:00 p.m. by Mayor Helen Tran on Wednesday, February 19, 2025, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Late
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Courtney Bowen Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz
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Mayor and City Council of the City of San Bernardino Page 2 3:00 P.M.
Prior to convening to Closed Session, Acting City Manager Tanya Romo announced that a last-minute item was being added to Closed Session regarding a personnel matter, due to it coming up after the posting of the agenda and requiring immediate attention. A 2/3 majority vote to approve including the item on the agenda was required by GC 54954.2(b)(2) (the Brown Act).
Assistant City Attorney Albert Maldonado stated that since the posting of the agenda, an employee had revoked an employment severance agreement and had then resigned. There was an urgent need for the Mayor and City Council to discuss any payments owed to the employee.
A motion was made by Council Member Ortiz to add the item to the Closed Session agenda. Council Member Sanchez seconded the motion.
RESULT: APPROVED TO ADD ADDITIONAL ITEM (E) TO THE CLOSED SESSION AGENDA [7-0]
MOVER:Treasure Ortiz, Council Member, Ward 7
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
CLOSED SESSION PUBLIC COMMENT
Christian Shaughnessy requested an update on when the Homeless Navigation Center might be complete, and/or any updates that could be provided about the Center.
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Maria Segura, as Successor in interest to Nicholas Segura, et al. v. City of S.B., United States District Court Case No. 5:22-cv-00277-JGB-SP. Ninth Circuit Court of Appeal Docket No. 24-2445
B) PUBLIC EMPLOYEE APPOINTMENT AND PERFORMANCE EVALUATION PROCESS (Criteria, Timing, Goal Setting, and Other Preliminary Matters) Titles: City Attorney, City Clerk, City Manager
C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):
Agency Designated Representative: City Manager
Employee Organization: General Unit – Teamsters Local 1932, Management Confidential Group – SBCMA, Mid Management Unit – Teamsters Local 1932, Police Dispatch Unit – SBPDA, Police General Unit – AFSCME District Council 36, Police Management Unit – PMA and Police Safety Unit – SBPOA
D) PUBLIC EMPLOYEE APPOINTMENT
Title: Interim City Manager
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Mayor and City Council of the City of San Bernardino Page 3 ADDED ITEM:
E) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION (Pursuant To Government Code Section 54956.9(D)(2)): One Case
5:00 PM
Open Session was called to order at 5:07 PM by Mayor Helen Tran on Wednesday, February 19, 2025, at Feldheym Central Library, San Bernardino, CA.
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Present
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Tanya Romo Acting City Manager Present
Albert Maldonado Assistant City Attorney Present
Telicia Lopez Chief Deputy City Clerk Present
Courtney Bowen Deputy City Clerk Present
CLOSED SESSION REPORT
Assistant City Attorney Maldonado stated that the Mayor and City Council voted unanimously to appoint a new Interim City Manager, Bill Gallardo. There would be a Special Meeting on Friday, February 21, 2025 to consider the associated Resolutions for the legal approval of the appointment. Tanya Romo would continue to serve as Acting City Manager until that time. He also advised that Ralph Anderson and Associates had been retained to conduct the search for a new permanent City Manager.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor August Smith from Truelight Community Fellowship led the invocation, and Vivienne Aparicio from Hillside Elementary School led the Pledge of Allegiance.
PRESENTATIONS
1. Recognition of the Public Works Engineering Team for Engineer’s Week 2025 in the City of San Bernardino (All Wards)
Public Works Director Lynn Merrill recognized the Public Works Engineering Team.
2. Recognition of Sponsors for the 2025 San Bernardino Lunar New Year Cultural Celebration - (All Wards)
The Mayor and City Council presented certificates to the California Culture Festival, DAO Real Estate Group, Inland Chinese Association, and Creative Enterprise LP.
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PUBLIC HEARINGS
3. Development Code Amendment 24-06 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1648 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-06 amending Chapter 19.02.050 (Basic Provisions-Definitions) to update the City of San Bernardino Development Code (SBMC Title 19) definitions for Neighborhood Grocery Stores/Supermarkets to align with state and industry standards; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1); and
2. Schedule the adoption of Ordinance No. MC-1648 to the regularly scheduled meeting of the Mayor and City Council on March 5, 2025.
Mayor Tran opened the Public Hearing at 5:18 p.m.
Community Development and Housing Director Gabriel Elliott introduced the item, and Senior Planner Mike Rosales provided a presentation.
There was one Public Comment:
“Less” asked the Mayor and City Council to not build any “Dollar General” stores in the 7th Ward.
Mayor Tran closed the Public Hearing at 5:25 p.m.
Council Member Sanchez asked Director Elliott to confirm the State Law requirements versus the City’s requirements regarding square feet. Council Member Ortiz asked to confirm if residents and local business owners were being made aware of the changes. Planner Rosales confirmed that they had.
Chief Deputy City Clerk Telicia Lopez read the title of the Ordinance into the record.
RESULT: APPROVED STAFF’S RECOMMENDATION; INTRODUCED
ORDINANCE NO. MC-1648 (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Kim Knaus, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
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4. Notice of Funding Availability (NOFA) for the Rapid Rehousing Program under the Encampment Resolution Fund (ERF) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Conduct a Public Hearing to obtain citizens’ comments on the proposed Notice of Funding Availability (NOFA) for the Rapid Rehousing Program under the Encampment Resolution Fund (ERF) initiative.
2. Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the administration of the ERF3 program.
Mayor Tran opened the Public Hearing at 5:28 p.m.
Director Elliott introduced Deputy Director of Housing and Homelessness Cassandra Searcy to present the item.
There were three Public Comments:
Phillip Garcia expressed concern over the lack of solar energy usage in San Bernardino’s county and state buildings, suggesting the city consider solar power to reduce costs and improve efficiency; he also raised the need to address housing issues.
Christian Shaughnessy commended city staff for progress on rapid rehousing efforts and urged increased attention to the growing homeless presence near Seccombe Lake and a nearby vacant lot.
“Less” emphasized the need for stricter oversight of landlords involved in city programs, discouraged participation by problematic landlords, and advocated for innovative homelessness solutions such as tiny home villages, referencing successful examples and potential funding sources.
Mayor Tran closed the Public Hearing at 5:45 p.m.
Council Member Ortiz asked about reporting mechanisms, monitoring, and accountability for the program. Deputy Director Searcy confirmed that participants must attend meetings and report to the consultant administering the program. She also stated that the Mayor and City Council would be receiving quarterly status reports for the program.
RESULT: APPROVED STAFF’S RECOMMENDATION (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Kim Knaus, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
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5. Public Hearing on Annexation No. 49 to Community Facilities District 2019-1 (Maintenance Services) – Watt EV (Ward 3)
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. 2025-232 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. 49); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2025-233 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. 49); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1650 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 2024-2025 to pay annual costs of the maintenance and servicing of lighting, street, and trail maintenance, and 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-1650 for March 5, 2025.
Mayor Tran opened the Public Hearing at 5:47 p.m.
The Mayor and City Council opted out of hearing staff’s presentation.
There was one Public Comment:
“Less” asked about who was responsible for the Facilities District special taxes.
Staff confirmed that the property owner was responsible for the taxes, not the public.
Mayor Tran closed the Public Hearing at 5:49 p.m.
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Mayor and City Council of the City of San Bernardino Page 7 RESULT: APPROVED STAFF’S RECOMMENDATION; RESOLUTION NO. 2025-232 (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz RESULT: ADOPTED RESOLUTION NO. 2025-233 (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz RESULT: INTRODUCED ORDINANCE NO. MC-1650 (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz Chief Deputy City Clerk Telicia Lopez read the title of the Ordinance into the record.
6. Public Hearing on Annexation No. 50 to Community Facilities District 2019-1 (Maintenance Services) – Chipotle (Ward 1) p. 173 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. 2025-230 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. 50); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2025-231 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. 50); and
5. Introduce, read by title only, and waive further reading of Ordinance No.
MC-1649 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 2024-2025 to pay annual costs of the maintenance and servicing of landscaping, lighting, streets, drainage, and a reserve fund for capital replacement, and administrative expenses with
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Mayor and City Council of the City of San Bernardino Page 8 respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1649 for March 5, 2025.
Mayor Tran opened the Public Hearing at 5:52 p.m.
The Mayor and City Council opted out of the hearing staff’s presentation.
There were no Public Comments.
Mayor Tran closed the Public Hearing at 5:53 p.m.
RESULT: ADOPTED RESOLUTION NO. 2025-230 (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Kim Knaus, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz RESULT: ADOPTED RESOLUTION NO. 2025-231 (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Mario Flores, Council Member, Ward 6
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz RESULT: INTRODUCED ORDINANCE NO. MC-1649 (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz Chief Deputy City Clerk Telicia Lopez read the title of the Ordinance into the record.
CITY MANAGER UPDATE
Public Information Officer Jeff Kraus provided citywide updates. Highlights included new local businesses opening, renovations at the California Theatre, and an update on the Mt. Vernon Bridge project.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA John Shollenberger discussed the city attorney’s evaluation, referencing public disagreements involving Council Member Ortiz and the ACLU (American Civil Liberties Union).
Al Palazzo expressed interest in becoming City Manager. He emphasized his commitment and wants to help turn the city around.
Mike Hartley criticized the city's failure to maintain the Broadmoor median and address beautification. He expressed frustration over repeated complaints being ignored.
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Mayor and City Council of the City of San Bernardino Page 9 Georgia L. asked for clarification about a vote against the City Manager and raised concerns about a grant to attend an animal services conference. She also attempted to serve Council Member Sanchez with recall papers.
Christian Shaughnessy urged the council to protect the navigation center and requested community involvement before deadlines pass. He also asked about maintaining security at Seccombe Lake Park during renovations.
Angela Wilkinson promoted the Colton Museum and encouraged San Bernardino residents to visit and learn about local history. She also shared information about upcoming educational programs through KVCR.
Junior Carrillo encouraged residents to get involved positively, such as becoming commissioners. He praised city departments and asked to close the meeting in honor of Jessica Torres.
Selina spoke about ongoing issues at the animal shelter. She called on the council to investigate and work together to restore public trust.
Erick Marquez shared his personal battle with depression and likened it to the city's current state. He encouraged people to find joy in community and support one another through difficult times.
Arthur Anderson criticized Council Member Sanchez for being disconnected from his constituents and supported his recall. He urged him to support public infrastructure, community benefits agreements, and to be more transparent.
David Friedman thanked the council for their efforts and shared his work on improving downtown properties. He defended the recall effort, comparing it to treating an illness rather than ignoring it.
Sharon Negrete condemned the shelter for animal cruelty. She accused the council of ignoring repeated reports and failing to act.
Lydia Savala supported shelter whistleblowers and raised concerns about suspicious data manipulation.
Travis Townsy described his struggle with maintaining inherited property overrun by squatters. He said city processes have made it harder to resolve the situation despite his efforts and financial investment.
Tammy Valdivia accused the city shelter of violating state law by not spaying or neutering animals before release. She said no one is enforcing the law.
Tiana Lopez asked Council Member Sanchez for help launching an art initiative involving 100 local artists. She said the space she wants to use is in poor condition and requested support to make it a safe, usable community hub.
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Mayor and City Council of the City of San Bernardino Page 10 Stephanie Lenfestey spoke in support of the Pina family and their dog Potato, stating the wrong dog is being held. She emphasized that Banana, not Potato, was responsible for the alleged incident.
Angel Pina described Potato as a gentle and beloved family dog taken from their home.
She pleaded with the council to pay close attention to their case.
Emily Pina explained that animal control misidentified a stray dog as their own and took Potato away. She said they were interrogated and mistreated during the process, and now the wrong dog is up for adoption.
“Less” called for the return of Zoom public comments and demanded a forensic financial audit. He criticized city leadership and claimed political manipulation in the city manager hiring process.
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 8 FOR A SEPARATE VOTE [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
7. Accept a $5,000 One-Time Scholarship from Best Friends Animal Society (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-234:
1. Authorizing the Department of Animal Services to accept a one-time scholarship in the amount of $5,000 from Best Friends Animal Society to subsidize the cost of registration and allow staff to attend the 2025 Best Friends National Conference; and
2. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Budget to appropriate $5,000 of the scholarship funding in both revenues and expenditures for conference attendance.
RESULT: ADOPTED RESOLUTION NO. 2025-234 (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
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8. HOME Investment Partnership Program – Owner Occupied Rehabilitation Program Subrecipient Agreement with Neighborhood Partnership Housing Services, Inc. (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the HOME Investment Partnership Agreement Owner Occupied Rehabilitation Program Subrecipient Agreement between the City and Neighborhood Partnership Housing Services, Inc. for $920,000; and
2. Authorize the City Manager or designee to take further actions and execute any additional documents, including future amendments, to effectuate the agreements.
This item was pulled by Council Member Ortiz for further discussion. She inquired with staff as to whether the Mayor and City council would receive updates regarding how the subrecipient funds would be spent.
Acting City Manager Tanya Romo stated that yes, staff planned on providing regular updates.
RESULT: APPROVED STAFF’S RECOMMENDATION (7-0)
MOVER:Treasure Ortiz, Council Member, Ward 7
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
9. Adoption of Ordinance No. MC-1646 (Annexation No. 47 - Dutch Bros) (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1646 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay the annual costs of the maintenance and servicing of landscaping, lighting, streets, and 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-1646 (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
10. Review of Administrative Budget Transfers From October 1, 2024 Through December 31, 2024 (All Wards)
Recommendation:
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Mayor and City Council of the City of San Bernardino Page 12 It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from October 1, 2024 through December 31, 2024.
RESULT: APPROVED STAFF’S RECOMMENDATION (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
11. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for November 2024 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California review and file all listed administrative budget transfers from October 1, 2024, through December 31, 2024.
RESULT: APPROVED STAFF’S RECOMMENDATION (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
12. Investment Portfolio Report for November 2024 (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 November 2024.
RESULT: APPROVED STAFF’S RECOMMENDATION (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
13. Resolutions updating the Bank and Investment Account Signature Authority (All Wards)
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.
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Mayor and City Council of the City of San Bernardino Page 13 RESULT: APPROVED STAFF’S RECOMMENDATION; ADOPTED
RESOLUTION NOS. 2025-235, 2025-236, 2025-237, 2025-238, 2025-239, 2025-240, 2025-241, 2025-242, 2025-243, AND 2025-244 (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
14. Award of Task Order with Rick Engineering for a Raised Median Installation on Rialto Ave at Metrolink Railroad Crossing in the amount of $59,590 (Ward 3 & 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the award of a Task Order with Rick Engineering in the amount of $59,590 for the Raised Median Installation on Rialto Ave at Metrolink Railroad Crossing (Project); and
2. Authorize the project design cost and contingency cost for unforeseen conditions costs for a potential agreement in the total amount of $5,959.
3. Authorize the City Manager or designee to execute all documents with Rick Engineering; and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
RESULT: APPROVED STAFF’S RECOMMENDATION (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
15. Recommendation to Increase the Project Budget for the Police Building Management System in the amount of $42,398.00 (Ward 1) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-246:
1. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP Budget with an additional $42,398.00 for
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Mayor and City Council of the City of San Bernardino Page 14 the Police Building Management System Project using the Law Enforcement Facilities Fund balance; and
2. Authorizing the Director of Finance and Management Services to increase the construction contingency and construction management budget from $39,450.00 to the total amount of $43,304.00; and
3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
RESULT: ADOPTED RESOLUTION NO. 2025-246 (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
16. Award a Design Services Agreement to Bell Design Group for the Norman F. Feldheym Public Library Improvement Project in the amount of $319,000 (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the award of a Design Services Agreement with Bell Design Group in the amount of $319,000.00 for Norman F. Feldheym Public Library Improvement (Project); and
2. Authorize the project design cost and contingency cost for unforeseen conditions costs for a potential agreement in the total amount of $31,900.00.
3. Authorize the City Manager or designee to execute all documents with Bell Design Group; and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
RESULT: APPROVED STAFF’S RECOMMENDATION (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
17. Award Task Order with Willdan Engineering for the Traffic Calming Measures on 28th Street in the amount of $59,500 (Ward 7) Recommendation:
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Mayor and City Council of the City of San Bernardino Page 15 It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the award of a Task Order with Willdan Engineering in the amount of $59,500 for the Traffic Calming Measures on 28 th Street (Project); and
2. Authorize the project design cost and contingency cost for unforeseen conditions costs for a potential agreement in the total amount of $5,950.
3. Authorize the City Manager, Public Works Director or City Engineer to execute all documents with Willdan Engineering; and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
RESULT: APPROVED STAFF’S RECOMMENDATION (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
18. Adoption of Ordinance No. MC-1647 (Annexation 48 - Piedmont Park Estates) (Ward 4)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1647 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay the annual costs of the maintenance and servicing of lighting, streets, parks, graffiti abatement and 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-1647 (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
19. Acceptance of FY 2024 Edward Byrne Justice Assistance Grant (All Wards) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-245 authorizing:
1. The City Manager to accept the 2024 Edward Byrne Justice Assistance Grant; and
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2. The Director of Finance and Management Services to amend the FY24/25 Adopted Budget by $181,099.00 in both revenue and expenditure of grant funds.
RESULT: ADOPTED RESOLUTION NO. 2025-245 (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
20. Amendments to Professional Services Agreements for Legal Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or their designee to execute:
1. Second Amendment to the Professional Services Agreement with Graves & King for representation in the Mark Detinne, et al. v. City of San Bernardino, et al. San Bernardino Superior Court Case No. CIVDS 2016739 increasing the not-to-exceed amount from $150,000 to $350,000.
2. Fourth Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the case entitled Brian Pellis, et al. v. City of San Bernardino, et al US District Court Case No. CIVSB 2226731 increasing the not-to-exceed amount from $450,000 to $950,000.
3. Fifth Amendment to the Professional Services Agreement with Lynberg and Watkins for the representation in the Gary Saenz, et al. v. City of San Bernardino et al., San Bernardino Superior Court Case No. CIVDS2003802 increasing the not-to-exceed amount from $225,000 to $241,859.69.
4. Second Amendment to the Professional Services Agreement with Lawrence, Beach, Allen & Choi, for representation in the Maria Segura, as successor in interest to Nicholas Segura, et al. v. City of San Bernardino, US District Court Case No. 8:23-cv-00786-HDV-DFM increasing the not-to-exceed amount from $100,000 to $200,000.
RESULT: APPROVED STAFF’S RECOMMENDATION (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
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Mayor and City Council of the City of San Bernardino Page 17
21. Presentation of Community Choice Aggregation (CCA) (All Wards) – Mayor Pro Tempore Figueroa
Mayor Pro Tem Figueroa asked if staff could provide a presentation or report about the status of the CCA with the City, for the public’s benefit.
RESULT: APPROVED TO INCLUDE A PRESENTATION AT A FUTURE
MEETING (7-0)
MOVER:Treasure Ortiz, Council Member, Ward 7
SECONDER:Kim Knaus, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included recent neighborhood association meetings, Council Member Ward Townhall Meetings, new small businesses in the City, and an upcoming boxing match with local celebrity Terry Washington.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, February 19, 2025 at 7:24 p.m. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the next Regular Meeting on Wednesday, March 5, 2025, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m., and Open Session will begin at 5:00 p.m.
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, MAY 17, 2023
5:30 PM
Closed Session was called to order at 5:30 PM by Mayor Helen Tran on Wednesday, May 17, 2023, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Late 5:33 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 5:38 p.m.
Kimberly Calvin Council Member, Ward 6 Late 5:49 p.m.
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
Telicia Lopez Chief 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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Regular Meeting Draft Minutes May 17, 2023
Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
There were no requests to speak, or written comments received for Closed Session.
CLOSED SESSION
A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager (Recruitment Process)
7:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:11 PM by Mayor Helen Tran on Wednesday, May 17, 2023, at Feldheym Central Library, San Bernardino, CA.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Byron Sims of New Kingdom Culture Worship Centre led the Invocation and Girl Scout Troop #446 led the Pledge of Allegiance to the Flag.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated there was one closed session item regarding the recruitment of the city manager, however there was no reportable action.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Todd Hoose, Federal Emergency Management Agency (FEMA) representative spoke on the services and assistance being offered by FEMA. For assistance call 800-621- 3362.
Carmen Gallegos spoke about unlicensed contractors operating, blight, building fires downtown and fireworks enforcement.
The following students and staff from Akoma Unity Center spoke regarding the “Drip’d Squad” Water Resource Program. Sponsored by the University of California, Riverside, Peoples Collective for Environmental Justice, Caps Expanded Learning, and San Bernardino Water Department:
Jennifer Xicara Emily Valdez Caleb Alaihni Chapman Alan Campo Lilianna Wilson Kianna Wilson Abiyo Manalli Nicholas Nelson Darcel Canada Georgia Lykouretzos spoke on the homeless who need to shelter animals.
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Mayor and City Council of the City of San Bernardino Page 3 Barbara Nitis, U.S. Small Business Administration – Disaster Relief, spoke on the assistance that is available for homeowners, renters, churches and businesses due to disasters.
John Shollenberger spoke on the quality-of-life issues that affect the 6 th Ward. He acknowledged the efforts of Council Member Calvin.
Prophet Dominic Antunez spoke on the city’s bankruptcy, homelessness, and Raves in the city.
Al Palazzo spoke on renovations of the Andreson building and the potential to attract a lot of people like the Mission Inn.
Christian Tobar worked with Wildwood Neighborhood Association for the Electric Avenue project to preserve San Bernardino History.
Treasure Ortiz spoke on the cleaning of Perris Hill Park and the displacement of the homeless to other areas in the city.
Christian Rodriguez spoke on the displaced homeless and the ineffectiveness of the Perris Hill Park cleanup.
The following individuals spoke in support of a Request for Proposal for the Carousel Mall development project that would include 25 percent affordable housing and a Community Benefits Agreement for local jobs and livable wages for workers.
Mirella Deniz Martha Romero Carolina Sanchez Angela Williams Celene Perez Christian Flores Albert Duarte Robert Lugan Morris Rocha Tony De Trinidad
Mike Hartley expressed satisfaction with the city for the quick response they provided to a parking issue, and dissatisfaction with Code Enforcements responsiveness.
Kristen Malaby representative, of a street medical team, requested city recognition for addressing the mental health crisis among the homeless.
Miguel Rodriguez expressed dissatisfaction with the fines he’s received as a day laborer near Home Depot and asked the city to find alternative solutions to citations and fines.
Fanelly Millan spoke in memory of Mario Barron, a day laborer who passed away. She spoke in support of a worker center and an emergency ordinance to cease enforcement actions on day laborers.
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Mayor and City Council of the City of San Bernardino Page 4 Mayor Tran re-ordered the agenda during Public Comments and opened the Public Hearing for Item No. 15 on the agenda.
PUBLIC HEARINGS
15. 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)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California execute the following actions:
1.Conduct a Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and
2.Close the Public Hearing after all public comments have been heard; and
3.Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and
4.Adopt Resolution No. 2023-074, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality Act.
City Attorney Sonia Carvalho explained the requirements of Proposition 218, governing the public hearing and the proposed adoption of the rates and charges.
Mayor Tran opened the public hearing at 8:03 p.m.
Prior to the staff presentation, Council Member Sanchez made a motion to re-enter negotiations on the rates with Burrtec and continue the public hearing to June 21, 2023. In addition, he requested a survey on the Senate Bill (SB) 1383 rate increase implementation with other trash haulers.
Council Member Alexander requested to include an option for Senior Citizen reduced rates.
Mayor Tran requested addressing blight clean up and illegal dumping.
Mayor Pro Tem Shorett requested a survey of what other agencies are doing to implement SB 1383 requirements
Council Member Sanchez asked staff to seek the option of a smaller trash bin.
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Mayor and City Council of the City of San Bernardino Page 5 RESULT: THE PUBLIC HEARING WAS CONTINUED TO THE MEETING OF JUNE 21, 2023. COUNCIL DIRECTED STAFF TO ENTER SHORT-
TERM NEGOTIATIONS WITH BURRTEC FOR LOWER RATE
OPTIONS, LOWER RATES FOR SENIORS, SMALLER BIN
OPTIONS, BLIGHT/ILLEGAL DUMPING CLEAN UP. INCLUDE
SENATE BILL 1383 RATE INCREASE SURVEY IN THE STAFF
REPORT.
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso
Mayor Tran re-ordered the agenda and called the Presentations prior to the conclusion of public comments, after continuing the Public Hearing.
PRESENTATIONS
1.Proclamation for National Public Works Week in the City of San Bernardino – May 21st –27th, 2023 (All Wards)
Mayor Tran presented the Proclamation to Agency Director of Public Works Daniel Hernandez and various Public Works staff.
2.Proclamation for National Salvation Army Week in the City of San Bernardino – May 15th – 21st, 2023 (All Wards)
Mayor Tran and Mayor Pro Tem Shorett presented the Proclamation to Salvation Army Major Isaias Beck Braga and Major Adelma Braga, Corps Officer At this time, public comments resumed.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA The following speakers spoke in support of street vending operations and day laborers and requested that the city cease all enforcement efforts.
Julieta Fuentes Yeni Linares Jesus Ontiveros Olga Flores Jessica Alcocer Russel Jaregui Jesus Gaxiola Jesus Cruz Joaquin Castellanos Luis Valentan Martha Bautista Miguel Rodriguez Esmerelda Negrete spoke on an agreement with the American Civil Liberties Union (ACLU) and former City Manager Robert Field. She spoke on a need for checks and balances in the City Manager role. She also spoke in opposition to the salary of the mayor’s assistant.
Junior Carrillo forfeited his time to expedite the meeting.
Daniel Jivanjee spoke on the homeless crisis and the Inland Valley Development Airport Gateway Specific Plans potential to displace around 2,300 residents.
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Mayor and City Council of the City of San Bernardino Page 6 Dolores Armstead spoke on Item No. 5 and requested the workshop be open to the public to allow the community to have input.
At this time Zoom Public Comments Were heard:
Lessy Philpot spoke in opposition to Item No. 20, from the May 3, 2023, Mayor and City Council Meeting. He expressed opposition to the Police Department hiring officers that were under investigation from other agencies.
Hardy Brown spoke about his displeasure of Mayor Pro Tem Shorett not supporting Mayor Tran as the Chair for the Inland Valley Development Agency Board.
Tina requested to meet with the Mayor and Council Member Alexander.
CITY MANAGER UPDATE
At this time, Jeff Kraus provided city-wide updates. Highlights included the Draft Housing Element release, American Planning Association Award, acknowledged Officer Dave Rosa for 40 years of service, California State University Baseball team selected for NCAA Tournament, Sizzlin’ Summer Nights and Memorial Day Ceremony for Fallen Heroes.
Interim City Manager Charles McNeely responded to topics of concern from Public Comments which included advising the Mayor and City Council that he has met with labor representatives that spoke, addressed concerns on the temporary closure of Perris Hill Park and Meadowbrook Park for maintenance, and agenda items addressing homeless issues.
At this time, Mayor Tran announced the Mayor and City Council Updates would be heard at the conclusion of City business.
APPOINTMENTS
3.Public Safety and Human Relations Commission Reappointment (Ward 2) RESULT: APPROVED REAPPOINTMENT OF SEAN KELLEY [6-0]
MOVER:Juan Figueroa, Council Member, Ward 3
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso
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Mayor and City Council of the City of San Bernardino Page 7
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 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso
4.Management Agreement with Local Golf Management LLC
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-063, approving a Management Agreement with Local Golf Management LLC.
RESULT: ADOPTED RESOLUTION NO. 2023-063 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso
5.Fiscal Year 2023-24 Assessment Levies for Previously Formed Assessment Districts. (All Wards)
Recommendation:
It is recommended that the Mayor and City Council adopt Resolution Nos. 2023-064, 2023- 065, 2023-066, 2023-067, and 2023-068 of the Mayor and City Council of the City of San Bernardino, California, declaring intention to levy and collect assessments for Fiscal Year 2023-24 within various assessment districts within the City of San Bernardino, approving engineer’s reports for each assessment district and providing notice of the time and place of hearing on proposed assessments in each assessment district.
RESULT: ADOPTED RESOLUTION NOS. 2023-064, 2023-065, 2023-066, 2023-067, AND 2023-068 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso
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Mayor and City Council of the City of San Bernardino Page 8
6.Approve the Professional Services Agreement with Kosmont Companies for Economic Development Advisory Services (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve a Professional Services Agreement with Kosmont Companies for Economic Development Advisory Services; and
2. Authorize the City Manager, or designee, to execute the Professional Services Agreement with Kosmont Companies; and
3. Adopt Resolution No. 2023-069 authorizing the Agency Director of Administrative Services to amend the Adopted FY 2022/2023 General Fund Operating Budget in the amount of $75,000; and
4. Authorize the Agency Director of Administrative Services to issue a Purchase Order in an amount not to exceed $75,000 to Kosmont Companies.
RESULT: ADOPTED RESOLUTION NO. 2023-069 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso
7. 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 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso
8.Adoption of Resolution No. 2023-070 Appointing an Interim Agency Director of Community, Housing, and Economic Development (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California: Adopt Resolution No. 2023-070 appointing Mary E. Lanier as Agency Director of Community, Housing, and Economic Development on an interim basis Approve a Retired Annuitant Employment Agreement.
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Mayor and City Council of the City of San Bernardino Page 9 RESULT: ADOPTED RESOLUTION NO. 2023-070 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso
9.Approve Final Tract Map No. 20494 for the Warmington Residential Project (Ward 6)
Recommendation
It is recommended that the Mayor and the City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2023-071 of the Mayor and City Council of the City of San Bernardino, California, approving Final Tract Map No. 20494 (Subdivision 21- 12) involving the subdivision of one parcel (APN 0143-191-59) containing approximately 9.9 acres into ninety-five (95) single-family residential lots and nine (9) lettered lots for common facility improvements, located on the south side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive; and
2. Accepting the public dedications as set forth on said map; and
3. Authorizing execution of the standard form of agreement for the subdivision improvements.
RESULT: ADOPTED RESOLUTION NO. 2023-071 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso
10.Amendment No. 1 to Agreement with Anser Advisory Management, LLC (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 1 to Professional Services Agreement with Anser Advisory Management, LLC for construction management and inspection services extending the agreement until May 17, 2024.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso
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Mayor and City Council of the City of San Bernardino Page 10
11.Concept Plan Approval for Eastside Skate Park Improvements at Speicher Park (Ward 2)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-072:
Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan to record a supplemental appropriation in the amount of $230,000.00 from the AB 1600 Parkland and Op (Fund 268) for the Skate Park Improvements at Speicher Park (“Project”).
RESULT: ADOPTED RESOLUTION NO. 2023-072 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso
12.Pre-Approval of Mayor Travel for FY 2022/2023 (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve the Mayor’s specified travel for Fiscal Year 2022/23.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso
DISCUSSION
13. Adopt a Policy Designating a Meeting Minute Taker and Procedures for the Taking and Storing of Minutes Pertaining to Closed Session meetings of The Mayor and City Council
Recommendation
It is recommended that the City Council provide direction to staff or approve Resolution No. 2023-073 adopting the policy designating a meeting minute taker and procedures for the taking and storing of minutes pertaining to closed session meetings of the Mayor and City Council.
City Clerk Genoveva Rocha gave a presentation to the Mayor and City Council.
Council Member Ibarra asked when the Closed Session Minutes would be reported to the public.
City Attorney Carvalho advised that reportable action is provided in compliance with the Brown Act.
Council Member Shorett spoke in opposition to the item.
Council Member Calvin spoke in favor of the item to allow the council to recount what has taken place in Closed Session.
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Mayor and City Council of the City of San Bernardino Page 11 RESULT: ADOPTED RESOLUTION NO. 2023-073 [4-2]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Calvin, Alexander
NOES:Juan Figueroa, Fred Shorett
ABSENT:Ben Reynoso
14. Responding to the City’s Urgent Homeless Crisis
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2023-075 authorizing the City of San Bernardino to submit a joint application with Hope the Mission to apply for Homekey 3.0 grant funding for the development SB HOPE Campus and authorize the City Manager, or designee, to sign any documents that may be required to apply for funding, including making minor and non-substantive changes;
2. Approve the Professional Service Agreement with Hope the Mission to oversee the City’s Homeless Outreach Project;
3. Authorize staff to negotiate and bring back a contract with Hope the Mission to act as developer and lead operator of the Navigation Center (SB HOPE Campus);
4. Approve the Mobile Shower Pilot Agreement between the City of San Bernardino (City) and Community Action Partnership of San Bernardino County (CAPSBC), from June 1, 2023, to May 31, 2024, in a total amount not to exceed $150,000 of American Rescue Plan Act (ARPA) funding;
5. Approve the reallocation of $973,500 in ARPA funds from San Bernardino Valley College and the City’s Relocation Assistance Program to provide interim housing for unhoused individuals during the development of the SB HOPE Campus; and
6. Adopt Resolution No.2023-076, the City of San Bernardino Homelessness State of Emergency Implementation Plan.
Deputy Director of Housing, Cassandra Searcy gave a presentation with assistance from Agency Director of Public Works, Daniel Hernandez, and Director of Parks and Recreation, Lydie Gutfeld.
Discussion ensued on this item. The City Council collectively offered support of the item presented by staff.
Council Member Ibarra requested that an employment aspect be added to the project to assist with job training and placement.
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Mayor and City Council of the City of San Bernardino Page 12 RESULT: ADOPTED RESOLUTION NO. 2023-075 AND NO. 2023-076 [6-0] MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT:Ben Reynoso
PUBLIC HEARINGS
15. 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)
Mayor Tran re-ordered the agenda and called Item No. 15 prior to presentations.
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included a meeting of the Perris Hill Park/Valencia Neighborhood Association, Muscupiabe Neighborhood Association, Community Clean-Up hosted by Calvary Chapel 1499 East Baseline, San Bernardino Food Fest, Habitat for Humanity, The Wildwood Neighborhood Association Plant Sale, Coffee with a cop May 16 th, Pacific High School groundbreaking for Biomedical Technology Center, Salvation Army Homeless Pray in front of City Hall, Community Dump Day at Seccombe Lake, San Bernardino won a sustainability award from the Southern California Association of Governments. San Bernardino Valley College Chapter of the Lynx 45th Annual Scholarship Breakfast. Muscupiabe and Blair Park 1 st Family Gala, and The Water Safety Challenge at Jerry Lewis Center.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, May 17, 2023, at 10:27 p.m.
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, June 7, 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. and Open Session will begin at 7:00 p.m.
By:_________________________
Telicia Lopez, CMC
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 6, 2025
To: Honorable Mayor and City Council Members
From: Telicia Lopez, Acting City Clerk
Department: City Clerk
Subject: Campaign Law Enforcement Agreement with the Fair Political Practices Commission (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-349 authorizing the City Manager to execute an agreement with the State of California Fair Political Practice Commission for campaign law enforcement.
Executive Summary
This action supports the City’s ongoing compliance with Assembly Bill 571 (AB 571), which established default state campaign contribution limits for local electives. The city previously adopted local campaign finance regulations and entered into an agreement with the Fair Political Practices Commission (FPPC) for enforcement of these provisions.
Background
On January 1, 2021, Assembly Bill (AB) 571 went into effect, setting default contribution limits for elective county and city offices aligning with contributions limits set for elected officers of the state Assembly and Senate. Under AB 571, the FPPC will have administration and enforcement authority regarding the default contribution limits for cities and counties without their own local contribution limits, and make violations of default contribution limits within the FPPC’s purview punishable as a misdemeanor.
These contribution limits may be adjusted by the FPPC in January of odd-numbered years.
Under the new law, cities were permitted to adopt local campaign ordinances that contain additional restrictions and requirements that are more precisely tailored to the needs of their communities. On September 16, 2020, after consideration of the matter, the City Council decided to defer to the state’s limit, which is presently set at $5,900
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from an individual per election, enforced by the FPPC.
On June 2, 2021, the Mayor and City Council adopted Ordinance No. MC-1558. Adding Chapter 2.55 of the City of San Bernardino Municipal Code relating to local campaign finance regulations, including restrictions for contracts pending approval by the Mayor and City Council and members of the City.
Also on June 2, 2021, Mayor and City Council authorized the City Manager to execute an agreement with the FPPC for Campaign Law Enforcement services as established under Chapter 2.55 of the Municipal Code.
On February 21, 2024, an Amendment No. 1 agreement with the FPPC for Campaign Law Enforcement services.
Discussion
To ensure appropriate enforcement of these regulations, the city entered into an agreement with the FPPC for campaign law enforcement services. The agreement authorized the FPPC to investigate and, if necessary, prosecute violations of the campaign contribution rules applicable to local elections in the City of San Bernardino.
The proposed new agreement with the FPPC will maintain the enforcement relationship and continue to promote transparency and accountability in the city’s process.
2021-2025 Strategic Targets and Goals
The action aligns with Strategic Goal No.2: Focused, Aligned Leadership and Unified and Community. To foster transparency and accountability with the citizens and stakeholders.
Fiscal Impact
The cost for the FPPC to enforce the City’s local campaign contribution ordinance is based on the actual cost of services provided, with a maximum amount not to exceed $200,000 over a two-year contract period. This includes a base annual fee of $55,000.
The proposed FY 2025–2026 operating budget includes funding to support this agreement.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-349 authorizing the City Manager to execute an agreement with the State of California Fair Political Practice Commission for campaign law enforcement.
Attachments
Attachment 1 – Ordinance No. MC-1558
Attachment 2 – Resolution 2025-349
Attachment 3 – FPPC Local and Municipal Contract 2025-2027
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Ward: All Wards
Synopsis of Previous Council Actions:
June 2, 2021 Agreement with the State of California Fair Political Practices Commission
February 21, 2024 Amendment No. 1 to the Agreement with the State of California Fair Political Practices Commission
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Resolution No. 2025-349
Resolution No. 2025-349
August 6, 2025
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RESOLUTION NO. 2025-349
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE STATE OF CALIFORNIA FAIR
POLITIAL PRACTICES COMMISSION FOR CAMPAIGN
LAW ENFORCEMENT
WHEREAS, in an effort to increase transparency and eliminate any appearance of quid pro quo, thereby increasing trust in the City’s government, the City seeks to establish a limit on campaign contributions by persons, or persons acting on their behalf, with active applications with the City; and
WHEREAS, Government Code section 81013 provides that a local agency may impose additional laws regulating political practices on any person as long as it does not prevent that person from complying with the Political Reform Act; and WHEREAS, Government Code section 84308 already imposes limits on the solicitation and receipt of contributions for appointed officials from active or recent participants in the entitlement process and the City’s elected officials are required to comply with such rules when they are appointed to other legislative bodies; and
WHEREAS, it is the City Council’s intent to address the perception that unregulated campaign contributions lead to improper influence over elected officials and to establish realistic, narrowly tailored and enforceable limits on the amounts which may be contributed to City political campaigns by persons with active applications in the City consistent with the rights of political expression protected under the United States Constitution; and WHEREAS, on May 19, 2021, the City Council accepted for first reading Ordinance No.
MC-1558 adding Chapter 2.55 to the City of San Bernardino Municipal Code Relating to Local Campaign Finance Regulations; and
WHEREAS, the purpose of this Ordinance is to establish limits on the amounts of money that may be directly contributed to political campaigns by persons with active applications in the City’s elections; and
WHEREAS, Ordinance No. MC-1558 designates the California Fair Political Practices Commission (“FPPC”) as the enforcement agency for Chapter 2.55 of the Municipal Code; and WHEREAS, under Chapter 2.55 of the Municipal Code the City provide access to the FPPC for all licenses data, permits, contracts or entitlements for use, as defined in Section 2.55.010 and the FPPC will cross-reference the data received from the City against the most recent FPPC Form 460 Filing (Recipient Committee Campaign Statement) of each Elected Official who has received Contributions equal to or exceeding two thousand dollars ($2,000) as shown on the most recent FPPC Form 460 Filing; and
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Resolution No. 2025-349
Resolution No. 2025-349
August 6, 2025
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WHEREAS, as set forth in Government Code section 83116, the FPPC shall have prosecutorial discretion to enforce and may discipline an Elected Official for violating Chapter
2.55 of the Municipal Code, including, but not limited to, requiring the Elected Official to pay a monetary fine.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Manager, or designee, is hereby authorized and directed to execute a Professional Services Agreement with the California Fair Political Practices Commission (“FPPC”), in an amount not to exceed $200,000.
SECTION 3.That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of August 2025.
Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2025-349
Resolution No. 2025-349
August 6, 2025
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Attest:
Telicia Lopez, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-349
Resolution No. 2025-349
August 6, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-349, adopted at a regular meeting held on the 6th day of August, 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this __ day of August, 2025.
Telicia Lopez, CMC, Acting City Clerk
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STATE OF CALIFORNIA
FAIR POLITICAL PRACTICES COMMISSION
AND
CITY OF SAN BERNARDINO
CAMPAIGN LAW ENFORCEMENT AGREEMENT
This agreement (“Agreement”) is made and entered into this ____ day of ___________ 2025, by and between the State of California, acting by and through the Fair Political Practices Commission, (“FPPC”) and the City of San Bernardino (“Local Agency”).
Background
The Local Agency determined it is in its best interest to retain the services of the FPPC to provide for the enforcement and interpretation of campaign laws under the provisions of the Local Agency campaign ordinance (“Local Ordinance”), governing the elective Local Agency offices, as set forth with specificity in Exhibit D, Items 1 and 2.
The FPPC has the special skills, knowledge, experience, and expertise in the enforcement and interpretation of campaign laws necessary to effectively advise, investigate, audit, and otherwise assist the Local Agency on such matters. The FPPC’s enforcement and interpretation of campaign laws under the provisions of the Local Ordinance is expressly authorized by California Government Code Section 83123.6.
The parties agree as follows:
Terms and Conditions
Exhibit A: Scope of Services
1. The FPPC agrees to provide the Local Agency with campaign law services for the impartial, effective administration, implementation, and enforcement of the Local Ordinance as dictated in paragraph 2.
2. Campaign Law Enforcement Services.
Auditing
i. The FPPC will perform audits and investigations for each candidate, and his or her controlled committee, for elective Local Agency office for whom $2,000 or more in contributions were received or $2,000 in expenditures were made, whether by the candidate, a committee(s) controlled by the candidate, or committee primarily supporting the candidate.
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2 ii. The audit or investigation will cover all required campaign statements and for the primary and general election, or runoff, or special election for the following election time periods: January 1, 2025 through December 31, 2026. The audits may extend to include any transaction in connection with the election being audited or investigated. It will not include any statements or reports previously audited under Title 9 of the Government Code, Chapter 10, Sections 90001 or 90003, 83123.5, or 83123.6.
iii. The FPPC will follow audit guidelines and standards as required under Government Code Section 90007.
Enforcement
The FPPC agrees to serve as the civil and administrative prosecutor for violations of the Local Ordinance. The FPPC, at its sole discretion, may investigate possible violations and may commence civil and/or administrative actions in accordance with Title 9 of the Government Code, and Title 2, Division 3, Part 1, Chapter 5 (Administrative Adjudication), Sections 11500, et seq., of the Government Code. Campaign Compliance Assistance
The FPPC agrees to provide written and/or verbal assistance to candidates for elected Local Agency offices, and potential contributors in a Local Agency election, regarding the Local Ordinance upon the request of the candidate or potential contributor.
Campaign Compliance Training
At least once per election cycle, the FPPC will provide an in-person seminar to review the relevant process, procedures and rules for Local Agency electoral candidates.
The FPPC will provide outreach to Local Agency electoral candidates.
The Local Agency will provide the FPPC with filed Form 501 campaign intention statements by the Local Agency electoral candidates to facilitate this outreach.
Legal Review
Upon notification and request by the Local Agency, the FPPC will review any proposed changes to the Local Ordinance for compliance with the Political Reform Act prior to adoption by the Local Agency. (Required under Government Code Section 83123.6. subdivisions (b) and (c).)
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3 Education and Training
The FPPC will provide an initial training workshop to the Local Agency regarding the conflict of interest provisions and/or Form 700 requirements under the Political Reform Act, as it applies to the Local Agency and its officials, employees, candidates for elected Local Agency offices, and/or lobbyists. (The Political Reform Act initial training workshop is not a charged service.)
3. The term of this Agreement is the two-year election cycle period: July 1, 2025 through June 30, 2027. Services will commence on the beginning of this term, and for the elections held during this term, as indicated in paragraph (2)(A), above. Due to the nature of audits and investigations, some services may necessarily occur on dates after the stated election cycles. Services from prior contract will continue as previously determined until completed.
4. The Local Agency agrees to provide the FPPC with a resolution, motion, order, or ordinance of the governing body, which authorizes execution of this Agreement, and indicating the individual who is authorized to sign the Agreement on behalf of the Local Agency.
5. The Local Agency must consult with the FPPC prior to adopting or amending the Local Ordinance. The Local Ordinance must comply with Title 9 of the Government Code. (Government Code Section 83123.6, subdivision (b) and (c).)
6. The Contract Coordinators for this Agreement are:
Fair Political Practices Commission
Galena West, Executive Director
1102 Q Street, Suite 3050
Sacramento, CA 95814
916-322-5660
[email protected]
Agency: City of San Bernardino
Name/Title: Telicia Lopez
Address: ____________________
City/Zip: ____________________
Phone: ____________________
Email: [email protected]
Communications regarding this Agreement will be addressed to the Contract Coordinators unless otherwise indicated in the Agreement. Each party will update the contact information for the Contract Coordinator within 30 days of any changes.
Exhibit B: Budget Details and Payment Provisions
1. Full Cost Recovery Agreement.
In accordance with the state full cost recovery policy, the Local Agency agrees to reimburse the FPPC for its full direct and its indirect costs incurred in performing the
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4 services. The full cost of goods or services includes all costs attributable directly to the activity plus a fair share of indirect costs which can be ascribed reasonably to the good or service provided. (State Administrative Manual, Section 8752.). If the Local Agency terminates the agreement, it agrees to pay the FPPC for any other expenditures reasonably made by the FPPC in anticipation of services to be rendered pursuant to this Agreement (Gov. Code Section 83123.6 (d)(2))
2. Invoicing and Payment.
The FPPC will provide the Local Agency with an itemized quarterly invoice detailing all FPPC service hours and costs for the administration, implementation, and enforcement of the Local Ordinance under this Agreement, along with any billing statement for payments due under the Agreement.
Quarterly itemized invoices and billing statements will be submitted to:
Agency: City of San Bernardino
Office: City Clerk
Name/Title: Telicia Lopez, City Clerk
Address:
The Local Agency agrees to pay the FPPC within thirty (30) days of the date of each quarterly invoice and billing statement.
3. Advance Payment.
A. The Local Agency agrees to pay an advance payment of $55,000 to the FPPC for costs to be incurred in performance of this Agreement. The Local Agency agrees to make this advance payment at the beginning of each year of the contract term.
B. Except for extraordinary costs and expenses, no advance notification is necessary for services provided for each year of the contract. The FPPC will track its expenditures made in anticipation of services to be rendered, and its services provided, and will bill first to the advance payment. Upon depletion of the advance payment, the Local Agency will pay additional reimbursement sums, if any, upon receipt of a billing statement from the FPPC.
4. Rates and Costs for Services.
A. Budget Detail.
The FPPC will bill for its services at the rates set forth below. These rates include the FPPC’s direct and indirect costs related to these positions.
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5 Classification Rate per hour
Attorney $228.00
Paralegal $213.00
Investigator $202.00
Program Specialist (Auditor) $202.00
Political Reform Consultant (Research Analyst) $202.00
Executive/Supervisory Staff $228.00
Administrative Staff $202.00
The rates reflect the Attorney General’s Office, legal services billing rates stated in Budget Letter 24-26 and the Department of General Services Price Book, 2024-25.
The Executive/Supervisory Staff and Administrative Staff rates are calculated using comparable rates from the Price Book and internal calculations in compliance with the state full cost recovery policy.
B. Necessary Changes to Rates.
In the event that the state hourly rates increase, or the state reimbursement rates increase, the Local Agency agrees to pay the appropriate increased rate applied as of the effective date of the rate increase. It is understood by both parties that no advance written notification is necessary prior to implementing the increased rates. In the event that the FPPC determines that the above hourly rates do not result in a full cost recovery for services provided in accordance with state policy, it will notify the Contract Coordinator for the Local Agency and retroactively apply the appropriate rates, after consultation with the Local Agency, to ensure the FPPC maintains the required full cost recovery.
C. Ordinary and Extraordinary Costs and Expenses.
The FPPC will bill its actual costs for ordinary costs and expenses directly related to the services provided. Ordinary costs and expenses are limited to:
1. Court fees, including filing fees, judicial officer fees, deposition fees, transcript fees, and process serving fees.
2. Administrative fees, including administrative officer fees, administrative law judge fees, hearing fees, transcript fees, and process serving fees.
3. Travel, lodging, and meals pursuant to state reimbursement rates as necessary for FPPC officers, employees, contractors, agents, and volunteers.
4. Telephone charges, postage, photocopying/document reproduction costs, and damage to property repaired or replaced at state expense.
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7 5. Research service fees necessary to perform services.
Prior Approval Required.
The FPPC will bill its actual costs for extraordinary costs and expenses only upon prior approval by the Local Agency Counsel. Extraordinary costs and expenses include, but are not limited to:
1. Fees for third-party consultants, investigators, and experts including their travel, lodging, and meals.
2. Travel, lodging, and meals for witnesses.
5. Total Cost of the Agreement.
The parties anticipate that the total amount of this Agreement will not exceed $200,000 per year. In the event this contract is canceled or is not renewed, the FPPC will provide an estimate of remaining hours necessary to complete the services already in progress, or required by this Agreement, to be billed at the hourly rate, and the services may be completed upon mutual agreement.
Exhibit C: General Terms and Conditions
1. APPROVAL. This Agreement is of no force or effect until signed by both parties. In addition, pursuant to Government Code Section 83123.6, subdivision (d), the FPPC may approve this Agreement at the earliest of 90 days after its submission to the Department of General Services (“DGS”), or after receiving DGS’s written review, whichever occurs first.
2. STATE AUDIT OF THIS AGREEMENT. The Local Agency agrees that the State of California, including but not limited to, the Department of General Services, the Bureau of State Audits, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Agreement. The Local Agency agrees to maintain records and supporting documentation for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated by the parties or required by the Bureau of State Audits. The Local Agency agrees to allow the auditor(s) access to records and supporting documentation during normal business hours and to allow interviews of any employees who might reasonably have information related to the records. Furthermore, the Local Agency agrees that the State of California has the same right to audit records and interview staff in any subcontract related to the performance of this Agreement. (Government Code Section 8546.7.) The FPPC will not bill the Local Agency for its time or costs related to a State Audit by the Department of General Services, Bureau of State Audits.
3. DISPUTES. Any dispute concerning a question of fact arising under the terms of this Agreement that is not disposed within a reasonable period of time (ten days) by the
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8 parties normally responsible for the administration of this Agreement shall be brought to the attention of the Contract Coordinators for joint resolution. The parties shall continue their responsibilities during any dispute.
4. INDEMNIFICATION. Pursuant to Government Code Section 895.4 and except as provided below, the Local Agency agrees to indemnify, defend (with counsel approved by the FPPC General Counsel), and hold harmless the FPPC and its authorized officers, employees, contractors, agents, and volunteers from any and all claims, actions, losses, damages, and liability arising out of the performance of this Agreement, or from the enforcement or interpretation of any provision of the Local Ordinance, from any cause whatsoever, including the acts, errors, or omissions of any person and for any costs or expenses incurred by the FPPC on account of any claim except where such indemnification is prohibited by law.
The FPPC shall indemnify, hold harmless, and defend the Local Agency and its authorized officers, employees, contractors, agents, and volunteers from any and all claims, actions, losses, damages, and liability arising from the FPPC’s sole negligence or willful misconduct relating to obligations under this Agreement.
5. AMENDMENT. This Agreement may be amended by written mutual consent of the parties. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties.
6. CANCELLATION. This Agreement may by canceled by either party, at any time, by ordinance or resolution and with an effective date of 90 days after notice is provided by the cancelling party, or other mutually agreed upon date. Notice of the cancellation shall be provided to the Contract Coordinators. In the event this Agreement is canceled by the Local Agency, the FPPC may require the Local Agency to pay for services rendered and any other expenditures reasonably made by the FPPC in anticipation of services to be rendered pursuant to the Agreement.
7. REPORT TO THE LEGISLATURE. Within thirty (30) of receipt of a written request by the FPPC, the Local Agency will provide the FPPC with items necessary for its report to the Legislature pursuant to Section 83213.6, subdivision (h), including its estimated annual cost savings, annual performance metrics, and relevant public comments submitted to the Local Agency.
Exhibit D: Special Terms
1. Local Ordinance.
The Local Ordinance subject to this Agreement consists of the following, with any noticed subsequent amendments pursuant to Exhibit A, item 5:
Ordinance Bernardino, No. California, MC-1558: Adding Ordinance Chapter of the 2.55
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9 to Mayor the and City City of San Council Bernardino of the City Municipal of San Code Relating To Local Campaign Finance Regulations, Title 2, Chapter 2.55 Urgency Ordinance No. MC-1573: Urgency Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Section 2.55.030 Establishing Mandatory Campaign Contribution Limit Requirements For Elected Officials Within the City of San Bernardino
2. Local Agency Elective Offices.
The Local Agency elective offices subject to the Local Ordinance and this Agreement are:
City Council, Mayor
Fair Political Practices Commission City of San Bernardino Galena West, Executive Director [Name], City Manager
_____________________________ _____________________________ Date: Date:
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 6, 2025
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Adoption of Ordinance No. MC – 1654 Foothill and Macy Route 66 Residential Development Project (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Ordinance No. MC – 1654 approving Development Code Amendment (Zoning Map Amendment) 24-01 to change the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) of fourteen (14) parcels (APNs: 0142-041-09, -10, -11, 17, -18, -20, -21, -32, -33, -34, - 44; and 0142-521-01, -02, and -03) containing approximately 15.71 acres, pursuant to a Mitigated Negative Declaration (Attachment 1).
Executive Summary
To implement the Project, the Project Applicant submitted applications to the City of San Bernardino for a General Plan Amendment 24-01, Development Code Amendment (Zoning Map Amendment) 24-01, Subdivision 24-04 (Tentative Tract Map No. 20695), and Development Permit Type-P 24-04. Pursuant to Section 19.74.040 of the City of San Bernardino Development Code, Zoning Map Amendments shall be adopted by ordinance. The first reading for Ordinance No. MC – 1654 was introduced to the Mayor and City Council at the July 16, 2025 hearing.
Background
On May 28, 2025, the City of San Bernardino Development and Environmental Review Committee (DERC) made the motion to move the aforementioned project to the City of San Bernardino Planning Commission for consideration. On June 10, 2025, the Planning Commission unanimously made the motion to recommend the project to the San Bernardino Mayor and City Council. On July 16, 2025, the Mayor and City Council adopted Resolution 2025-325 adopting the Mitigated Negative Declaration and
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Mitigation Monitoring and Reporting Program, and approving General Plan.
Amendment 24-01 to change the General Plan Land Use Designation from Commercial to Multiple-Family Residential, introduced Ordinance No. MC – 1654 approving Development Code Amendment (Zoning Map Amendment) 24-01 to change the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) and adopted Resolution No. 2025-326 approving Subdivision 24-04 (Tentative Tract Map 20695) to subdivide fourteen (14) parcels containing approximately 15.71 acres into 138 single-family residential lots and Development Permit Type-P 24-04 to allow site and architectural review of a planned unit development comprised of 138 detached single-family residences.
Discussion
On July 16, 2025, the Mayor and City Council introduced and approved Ordinance No.
MC – 1654 to update the Zoning District Classification of the project site to Residential Medium (RM). Pursuant to Section 19.74.040 Council Action on Amendments, amendments to the Zoning Map shall be adopted by ordinance and therefore become effective thirty (30) days after the second reading.
2021-2025 Strategic Targets and Goals
Development Code Amendment (Zoning Map Amendment) 24-01 aligns with Key Target No. 3: Improved Quality of Life. The one hundred thirty-eight (138) single-family residences will help the City meet its State-mandated housing requirements, be consistent with the surrounding single-family residential land uses, and provide additional market rate housing to the City’s housing stock.
Fiscal Impact
Development impact fees associated with the project will be approximately $2,400,000. These fees are calculated based on square feet and quantity of units. The funds will be allocated as follows: Local Circulation, Regional Circulation, Sewer Capacity Fees, Storm Drain fees, Law Enforcement fees, Library Facility fees, Aquatic Facility Fees, Parkland fees and Public Facility fees. Development Impact fees are due when the plans are approved and construction permits are ready to be pulled. These fees are one-time fees whereas property taxes revenue is ongoing on an annual basis.
City services will be provided to this project similar to other single-family residential developments within the City and surrounding area.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Ordinance No. MC – 1654 approving Development Code Amendment (Zoning Map Amendment) 24-01 to change the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) of fourteen (14) parcels (APNs: 0142-041- 09, -10, -11, 17, -18, -20, -21, -32, -33, -34, -44; and 0142-521-01, -02, and -03) containing approximately 15.71 acres, pursuant to a Mitigated Negative Declaration.
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Attachments
Attachment 1 Ordinance No. MC – 1654 (Approving DCA 24-01) Attachment 2 Ordinance No. MC – 1654 (Approving DCA 24-01) – Exhibit A Zoning Map Amendment
Ward:
Sixth Ward
Synopsis of Previous Council Actions:
July 16, 2025 Mayor and City Council introduced Ordinance No. MC – 1654 (Approving Development Code Amendment [Zoning Map
Amendment] 24-01)
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ORDINANCE NO. MC-1654
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3 ORDINANCE NO. MC-1654
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT
(ZONING MAP AMENDMENT) 24-01 TO CHANGE THE
ZONING DISTRICT CLASSIFICATION FROM
COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL
MEDIUM (RM) OF FOURTEEN (14) PARCELS (APNS: 0142-
041- 09, -10, -11, 17, -18, -20, -21, -32, -33, -34, -44; AND 0142- 521-01, -02, AND -03) CONTAINING A TOTAL OF
APPROXIMATELY 15.71 ACRES, PURSUANT TO A
MITIGATED NEGATIVE DECLARATION
WHEREAS, together, General Plan Amendment 24-01, Development Code Amendment (Zoning Map Amendment) 24-01, Subdivision 24-04 (Tentative Tract Map 20695), and Development Permit Type-P 24-04 constitute the Foothill and Macy Route 66 Residential Development Project ("Project"); and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 24-01 is a request to allow the change of the Zoning District Classification from Commercial General (CG- 1) to Residential Medium (RM) of fourteen (14) parcels containing approximately 15.71 acres; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, on June 10, 2025, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2025-030 recommending the adoption of the Mitigated Negative Declaration, and the approval of General Plan Amendment 24-01, Development Code Amendment (Zoning Map Amendment) 24-01, Subdivision 24-04 (Tentative Tract Map 20695), and Development Permit Type-P 24-04 to the Mayor and City Council; and
WHEREAS, notice of the July 16, 2025 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on July 5, 2025, and was mailed to the owners and tenants of property located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
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ORDINANCE NO. MC-1654
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3 WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment (Zoning Map Amendment) 24-01; and
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2.Compliance with the California Environmental Quality Act. The City Council having independently reviewed and analyzed the record before it, including the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment.
SECTION 3.Finding of Facts – Development Code Amendment (Zoning Map Amendment) 24-01
Finding No. 1:The proposed amendment is consistent with the General Plan.
Finding of Fact:The proposed amendment will change the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) for the entirety of the project site containing approximately 15.71 acres. The Residential Medium (RM) Zoning District Classification is intended to provide for residential development with a maximum of twelve (12) residences per acre. The proposed amendment will allow for the development and establishment of a Planned Residential Development comprised of one hundred thirty-eight (138) detached single-family residences which provide a density of nine (9) residences per acre and is consistent with the surrounding single-family residential developments within the project area. Therefore, the proposed project is consistent with the following General Plan goals and policies:
General Plan Land Use Element Policy 2.2.1: Ensure
compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element.
General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-
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ORDINANCE NO. MC-1654
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3 fill of new development and revitalization of existing development.
General Plan Community Design Element Goal 5.4: Ensure individual projects are well designed and maintained.
Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Finding of Fact:The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to change the Zoning District Classification of the entirety of the project site from Commercial General (CG-1) to Residential Medium (RM) will facilitate the development and establishment of a Planned Residential Development comprised of one hundred thirty-eight (138) detached single-family residences which is consistent with the surrounding single-family residential developments. The project site is generally flat, with access from N. Dallas Avenue and N. Macy Street, fully served by utility providers, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Draft Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program.
Finding No. 3:The proposed amendment would maintain the appropriate balance of land uses within the City.
Finding of Fact:The proposed amendment would result in the entirety of the project site having the Residential Medium (RM) Zoning District Classification to allow for the development and establishment of a Planned Residential Development comprised of one hundred thirty-eight (138) detached single- family residences. The subject property is located adjacent to an existing single-family residential neighborhood. Therefore, the proposed change from Commercial General (CG-1) to Residential Medium (RM) for the project site would allow the proposed project to be harmonious to existing residential uses, thereby providing for an appropriate balance of land uses within the City.
Finding No. 4:The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development.
Finding of Fact:The project site is currently comprised of fourteen (14) parcels that is proposed to be subdivided into one hundred thirty-eight (138) single-family residential lots and common open spaces to correspond to the proposed
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ORDINANCE NO. MC-1654
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3 Planned Residential Development. Utilities are available directly from Foothill Boulevard. There are no physical constraints on the site, such as steep slopes or watercourses.
SECTION 4.Development Code Amendment (Zoning Map Amendment) 24-01 to change the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) of fourteen (14) parcels (APNs: 0142-041-09, -10, -11, 17, -18, -20, -21, -32, -33, -34, -44; and 0142-521-01, -02, and -03), attached hereto and incorporated herein by reference as Exhibit A, is hereby approved.
SECTION 5.Notice of Determination: The Planning Division of the Community and Development and Housing Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.
SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The 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.Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2025.
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ORDINANCE NO. MC-1654
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3 Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1654, introduce by the City Council of the City of San Bernardino, California at a regular meeting held on 16th day of July 2025. Ordinance No. MC-1654 was approved, passed and adopted at a regular meeting held the ___ day of _________, 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
KNAUS
FLORES
ORTIZ
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ORDINANCE NO. MC-1654
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3 WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2025.
Telicia Lopez, Acting City Clerk
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Commercial
Commercial
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: GPA 24-01, DCA 24-01, SUB 24-04 (TTM 20695), & DP-P 24-04
LOCATION/ZONING MAP NORTH
ATTACHMENT D – LOCATION/ZONING MAP
PROJECT SITE
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 6, 2025
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Approve the Community Development Block Grant
(CDBG) Funded Sub-Recipient Agreement with El Sol
Neighborhood Educational Center for the Development of
the El Sol Recreational and Wellness Center (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the Community Development Block Grant (CDBG) funded sub- recipient agreement with El Sol Neighborhood Educational Center for the development of the El Sol Recreational and Wellness Center;
2. Authorize the City Manager, or designee, to execute the sub-recipient agreement, along with any subsequent amendments, extensions, and other necessary documents to implement the project.
Executive Summary
This item seeks approval of the Community Development Block Grant (CDBG) funded sub-recipient agreement with El Sol Neighborhood Educational Center to develop the El Sol Recreational and Wellness Center at 766 North Waterman Avenue. The Mayor and City Council allocated $250,000 in CDBG fund on May 15, 2024.. El Sol, leveraging an additional $4.75 million in external funding, will transform a 1.9-acre site into a holistic campus featuring health education, wellness programs, recreational facilities, and community spaces. The project will serve over 5,000 residents annually, particularly Latinx, Black, Asian, LGBTQIA+, and immigrant populations, fostering equity, inclusivity, and community empowerment. There is no General Fund impact with this item as it is fully funded by CDBG grant funds.
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Background
On May 1, 2024, staff presented the recommended sub-recipient awards outlined in the Fiscal Year 2024–25 Annual Action Plan (AAP) to the City Council, supported by a detailed PowerPoint presentation.
During the City Council meeting, both Council Members and members of the public provided input on the allocation of HUD grant funds. Staff incorporated this feedback into the Annual Action Plan and made adjustments based on the final allocations received from HUD.
On May 15, 2024, the Mayor and City Council adopted the FY 2024-25 Annual Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME) and Emergency Solutions Grant (ESG). The approved Annual Action Plan allocated $250,000 of CDBG funding to El Sol Neighborhood Educational Center, a California non-profit public benefit corporation, for the development of the El Sol Recreation and Wellness Center.
Discussion
El Sol Neighborhood Educational Center is a non-profit 501(c)(3) organization founded in 1991. Its mission is to empower vulnerable communities, particularly mono-lingual Spanish speakers, immigrants, and residents with limited English proficiency in the Inland Empire, California, to lead healthy lives. They aim to achieve this by providing access to healthcare, safe and affordable housing, education, and leadership skills to eliminate disparities.
El Sol is a pioneer in Community Health Worker (CHW) and Promotores de Salud (Health Promotes) programs in the region. These highly trained lay workers, chosen from community members, serve as trusted health advocates and provide culturally and linguistically responsive health promotion and community education. They work to achieve positive, measurable changes in individual knowledge, attitudes, behaviors, and skills, and also engage, organize, and mobilize community residents to advocate for policies and programs that support healthy lifestyles.
El Sol operates two primary sites within the City of San Bernardino, located at 766 North Waterman Avenue and 1535 S D St, San Bernardino. Their centers offer a variety of programs and services at no cost, including health education, parenting classes, English as a Second Language (ESL) classes, and leadership programs.
Some of their program areas include:
Health Promotion and Disease Prevention: Addressing topics like mental health, postpartum depression, obesity, nutrition, and asthma. Strengthening Families: Through initiatives like home visitation programs (e.g., Parent-Child Home Program, Home Instruction for Parents of Preschool Youngsters) that focus on reducing child abuse and neglect, improving child development, and enhancing parenting skills.
Advancing to Prosperity: Providing support and resources for self-sufficiency.
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Emotional Health Outreach and Connections: Working to dispel stigma and connect individuals to mental health support and services. Community Engagement and Policy: Building the capacity of CHWs to advocate for policies and programs that improve community health outcomes.
El Sol will leverage approximately $4.75 million in external funding, including a $4.2 million grant from the California Department of Parks and Recreation, to renovate and expand the site at 766 North Waterman Avenue. The City will provide $250,000 in CDBG funding to support the project. This project includes the development of the El Sol Neighborhood Educational Center Holistic Campus, also known as the ESNEC Holistic Park, on a 1.9-acre parcel northeast of Seccombe Lake. The expansion will significantly enhance the capacity of this established transformation hub to serve vulnerable San Bernardino residents, particularly Latinx, Black, Asian, LGBTQIA+, and immigrant communities.
The ESNEC Holistic Park, integrated in the San Bernardino Investment Playbook, is a community-led initiative developed with input from the Community Advisory Committee and local residents. It aims to address persistent health, educational, and cultural disparities in underserved communities, fostering equity, inclusivity, and holistic well- being. The expanded campus will offer culturally specific health education, basic health screenings, wellness classes, peer-to-peer counseling, and tailored educational services. It will feature healing and food gardens, a playground, a children’s amphitheater, a basketball court, a turf play area, and a new two-story Learning and Community Center. This facility will include flexible spaces for recreational and cultural activities, a children’s playroom, a library, an art gallery, a cafeteria, and a commercial kitchen for on-site food preparation. Multipurpose rooms will be available for community events, workshops, and meetings, with sliding-scale rental fees to ensure affordability and access for all.
Combined with ongoing programs such as bilingual counseling, free mental health support, chronic disease prevention, youth sports, Zumba, and family and senior wellness activities, the El Sol Holistic Campus will serve over 5,000 adults and children annually. This initiative is not just about providing services; it’s about cultivating social connection, cultural pride, and community empowerment.
2021-2025 Strategic Targets and Goals
Approval of the sub-recipient agreement with El Sol supports Key Strategic Target and Goal No. 2, Improved Quality of Life. Through this partnership, El Sol Neighborhood Educational Center will develop the El Sol Recreation and Wellness Center, providing essential facilities and services to low-income communities. The project aims to reduce social, economic, and health disparities by offering accessible resources and support.
Fiscal Impact
There is no fiscal impact to the General Fund with this item. The sub-recipient agreement will be funded using previously allocated CDBG funding.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the Community Development Block Grant (CDBG) funded sub- recipient agreement with El Sol Neighborhood Educational Center for the development of the El Sol Recreational and Wellness Center;
2. Authorize the City Manager, or designee, to execute the sub-recipient agreement, along with any subsequent amendments, extensions, and other necessary documents to implement the project.
Attachments
Attachment 1 CDBG sub-recipient agreement between the City of San Bernardino and El Sol Neighborhood Educational Center
Ward:
First Ward
Synopsis of Previous Council Actions:
May 1, 2025 Proposed Annual Action Plan was taken to the City Council for public comment and for City Council to review proposed
subrecipients.
May 15, 2024 Mayor and City Council adopted Resolution No. 2024-094, approving and adopting the FY 2024-25 Annual Action Plan
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1 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
By and Between the
CITY OF SAN BERNARDINO
and
EL SOL NEIGHBORHOOD EDUCATIONAL CENTER
(A California Nonprofit Public Benefit Corporation)
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1 COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
THIS COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT
AGREEMENT (this “Agreement”), dated for purposes of identification as of August 6, 2025 (the “Date of Agreement”), is made and entered into by and between the CITY OF SAN BERNARDINO, a municipal corporation and charter city (the “City”), and EL SOL NEIGHBORHOOD EDUCATIONAL CENTER, a California nonprofit public benefit corporation (the “Subrecipient”).
RECITALS
A. The City is the recipient of funds (the “CDBG Funds”) from the United States Department of Housing and Urban Development (“HUD”) under the Community Development Block Grant (“CDBG”) Program for Fiscal Year 2024-2025.
B. Subrecipient is eligible to receive, and has submitted an application to receive, a subgrant of CDBG F unds for Fiscal Year 2024 -2025 to reimburse Subrecipient for certain costs of its services related to the acquisition, construction, reconstruction, rehabilitation, or installation of public facilities and improvements to provide services to the community (hereinafter defined as “Subrecipient’s Services” or the “Services”).
C. Subrecipient’s application for a subgrant of CDBG Funds in an amount not to exceed $250,000.00 (the “Subgrant ”) was approved by the City Council of the City, subject to and contingent upon (i) approval by HUD of the City’s CDBG Application for Fiscal Year 2024- 2025, and (ii) the allocation and receipt by City of such funds and HUD’s issuance of Authority to Use Grant Funds.
D. Subsequent to the City’s approval of Subrecipient’s application, HUD approved the City’s CDBG Application for Fiscal Year 2024-2025.
E. The City and the Subrecipient (each, a “Party” and jointly, the “Parties”) desire to enter into this Agreement so that Subrecipient may receive a grant of a portion of the CDBG Funds in consideration for the provision of Subrecipient’s Services to the City and the community.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND THE SUBRECIPIENT AGREE AS FOLLOWS:
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2 CONTACT INFORMATION
City of San Bernardino:
Community Development and Housing
Department
Cassandra Searcy
Title: Deputy Director of Housing and
Homelessness Division
Address: 201 North E Street
City: San Bernardino
State, CA Zip: 92401
Telephone: 909-384-7270
Subrecipient Organization:
El Sol Neighborhood Educational Center
Alex Fajardo
Title: Director
Address: 1535 S D St
City: San Bernardino
State: CA Zip: 92408
Telephone: 909-714-5003
CFDA Number and Name: 14.218 Community Development Block Grant (CDBG) Federal Award Identification Number (FAIN): B-24-MC-06-0539
Federal Award Date: August 6, 2025
(The date when the federal award is signed by the authorized official of the federal awarding agency.)
CDBG Funds Obligated IDIS Activity: #____
Program Year: 2024-2025
Amount: $250,000.00
Total Amount of CDBG Funds Obligated: $250,000.00
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3 Definitions.
The following capitalized terms used in this Agreement shall have the following meanings:
“Agreement” means this Community Development Block Grant Subrecipient Agreement by and between the City and the Subrecipient.
“Budget” means the budget supplied by Subrecipient which (i) specifies how Subrecipient proposes that the Subgrant Proceeds be allocated among the following permitted uses , as applicable: Rehabilitation Construction Costs, Construction Soft Costs and Administrative Costs, and (ii) is attached hereto as Exhibit B and incorporated herein by this reference. “CDBG” is defined in Recital A hereof.
“CDBG Funds” is defined in Recital A hereof.
“CFR” means the Code of Federal Regulations.
“City” is defined in the initial paragraph of this Agreement and includes any assignee of or successor to the rights, powers and responsibilities of the City. The Director of the Department of Community and Economic Development of the City of San Bernardino, or such person’s designee (hereinafter defined as the “City’s Representative”) shall represent the City in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City’s Representative is authorized to act on behalf of the City unless this Agreement specifically provides otherwise or the context should otherwise require. “City’s Representative ” means the Director of the City’s Community Development Department, or such person’s designee.
“Costs” means the supplies and materials necessary to provide Subrecipient’s Services, including, without limitation, mileage and telephone costs. “Covenants Re: Use of Federal Funds” means those additional covenants of Subrecipient required due to the federal source of the Subgrant proceeds which are attached hereto as Exhibit C and incorporated herein by this reference.
“Default” is defined in Section 6.1 hereof.
“HUD” is defined in Recital A hereof.
“Maximum Amount of Subgrant” means $250,000.00.
“Parties” is defined in Recital E hereof.
“Program Income” means gross income received by Subrecipient directly generated from the use of CDBG Funds. When such income is generated by an activity that is only partially assisted with CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds
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4 used. See Exhibit D attached hereto and 24 CFR § 570.500(a) for a more detailed description of Program Income.
“Scope of Services” means the description of the Subrecipient’s Services that is attached hereto as Exhibit A and incorporated herein by this reference. “Staff” means each of the persons, individually, and all of the persons, collectively, hired by the Subrecipient to provide Subrecipient’s Services under this Agreement. “Subrecipient” is defined in the initial paragraph of this Agreement. The Subrecipient’s Representative shall represent Subrecipient in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by Subrecipie nt, the Subrecipient’s Representative is authorized to act on behalf of Subrecipient unless this Agreement specifically provides otherwise or the context should otherwise require. “Subrecipient’s Representative” means {Entity Representative} “Subrecipient’s Services ” or “ Services” means the services provided by Subrecipient pursuant to this Agreement and includes, but is not limited to, the provision of the services set forth in the Scope of Services.
“Term” is defined in Section 3 hereof.
“Term Expiration Date” means June 30, 2026
Section 1. Section 1. HUD Award.
1.1 Maximum Award Amount. It is expressly agreed and understood that the total amount to be paid by the City under this agreement shall not exceed $250,000. The dollar amount stated in the preceding sentence may be increased or modified, at the sole discretion of the City’s Representative, by written amendment of the Agreement, signed by an authorized representative of Subrecipient and the City’s Representative.
1.2 Budget. Subrecipient has submitted a budget (based upon estimated costs per Section 1.3 hereof) to the City for approval which sets forth the estimated use of the Subgrant contributed by the City pursuant to this agreement. The Budget is attached hereto as Exhibit B.
Any amendments to an approved budget for the Services must be approved by the City’s Representative or his authorized designee. The City may require a more detailed line -item breakdown of the Budget than the one contained herein, and the Subrecipient shall provide su ch supplementary information about the Budget in a timely fashion in the form and content prescribed by the City.
1.3 Method of Payment. City shall reimburse Subrecipient for Costs actually incurred pursuant to this Agreement and in accordance with the approved Scope of Services and the approved Budget. City’s payment obligations are subject to the receipt by and approval of City of requests for payment.
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5 1.4 Requests for Payment . To receive each payment under this A greement, Subrecipient shall submit to the City, not more frequently than quarterly, a written reimbursement request or invoice in a form specified and approved by the City, along with such supporting documentation as may be requested by the City to verify Subrecipient’s performance of the Services for which payment is requested. Failure to provide any of the required or requested documentation may cause the City to withhold all or a portion of a request for payment until such documentation has been received and approved by the City. Payments will be adjusted by the City in accordance with fund advances, if any, and Program Income balances available in Subrecipient accounts.
1.5 Fiscal Limitations. The United States of America, through HUD, may in the future place programmatic or fiscal limitations on CDBG Funds not presently anticipated. Accordingly, the City reserves the right to revise this Agreement in order to take account of such actions. In the event of funding reduction, the City may reduce the budget for this Agreement as a whole or may limit the rate by which Subrecipient receives the Subgrant for providing Subrecipient’s Services.
If HUD directs the City to implement a reduction in funding, the City’s Representative may act for the City in implementing and effecting such a reduction and in revising the Agreement for such purpose. The Subrecipient acknowledges that the obligation of the City to provide the Subgrant is contingent upon the availability of CDBG Funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by federal budgeting or if funds are not allocated and available for the continuance of the function performed by the Subrecipient, this A greement may be terminated by the C ity at the end of the period for which funds are available. Where the City’s Representative has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Agreement of Subrecipient, the City’s Representative may act for the City in suspending the operation of this Agreement upon three (3) days’ notice to Subrecipient of the City’s intention to so act for the longer of (i) sixty (60) days or (ii) pending an audit or other resolution of such questions.
1.6 Programs Utilizing Multiple Funding Sources . If there are sources of funds in addition to the Subgrant, Subrecipient shall provide proof satisfactory to City of such funding. The City shall not pay for any services provided by Subrecipient which are funded by other sources.
All restrictions and/or requirements provided for in this Agreement relative to accounting, budgeting and reporting apply to the total program regardless of funding sources.
1.7 Use of Federal Funds. Subrecipient acknowledges and agrees the funding for the Subgrant is provided as a pass-through of CDBG Funds allocated to the City by the United States Department of Housing and U rban Development. Accordingly, Subrecipient hereby provides to the City those covenants set forth in the Covenants Re: Use of Federal Funds and comply with all requirements for a subrecipient of CDBG Funds in accordance with the terms and conditions of the CDBG award from HUD to the City and all applicable federal regulations, including 24 CFR Part 570 and 2 CFR Part 200 (as modified by 24 CFR 570.502) ( collectively, the “CDBG Requirements”). Subrecipient agrees to use the Subgrant in compliance with all CDBG Requirements and only for eligible activities to meet the national objective of benefitting benefiting low- and moderate-income persons in accordance with 24 CFR Part 570, Subpart C, as described in Exhibit A. Only costs allowable under 24 CFR 570.200(a)(5) and 2 CFR Part 200, Subpart E, and incurred in accordance with the terms of this Agreement, including the Budget and Scope of Services, will be eligible for payment or reimbursement from the Subgrant.
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6 Section 2. Subrecipient’s Services.
2.1 Scope of Services . In compliance with all of the terms and conditions of this Agreement, Subrecipient shall provide the Subrecipient’s Services, as more fully set forth in the Scope of Services, attached hereto as Exhibit A , in compliance with all applicable CDBG Requirements. Subrecipient represents and warrants that all Subrecipient’s Services to be provided hereunder shall be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
2.2 Agreement and Provision of Services Nonexclusive. Subrecipient acknowledges and agrees that this Agreement and the provision of services hereunder are nonexclusive and that the City may enter into similar agreements with other entities for the provision of similar services.
2.3 Time for Performance. Time is of the essence in the performance of this Agreement. Subrecipient shall perform and complete all of Subrecipient’s Services in a timely and expeditious manner. Subrecipient shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that Subrecipient has delivered to the City written notice of the cause of any such delay as soon as practicable, but in any event within ten (10) days of the occurrence of such cause, and Subrecipient immediately resumes performance as soon as possible.
Notwithstanding anything to the contrary in this Agreement, in the event such delay in Subrecipient’s performance continues for more than one hundred twenty (120) days, City shall have no further obligation to make further disbursements and shall have the right to terminate this Agreement with no liability to City or further obligation to Subrecipient, in addition to any other rights and remedies of City under this Agreement, at law, or in equity.
2.4 Subrecipient’s Proposal. The Scope of Services shall include the Subrecipient’s proposal, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
2.5 Compliance with Law . Subrecipient’s Services shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City and any Federal, State or local governmental agency of competent jurisdiction.
2.6 Licenses, Permits, Fees and Assessments . Subrecipient shall obtain, at Subrecipient’s sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of Subrecipient’s Services. Subrecipient shall have the sole obligation to pay for any fees, assessment s and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services required by this Agreement.
2.7 Nondiscrimination. Subrecipient agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry or national origin in its provision of Subrecipient’s Services in compliance with 24 CFR 570.602. To the extent this Agreement provides that Subrecipient offer accommodations or services to the public, such accommodations or services shall be offered by Subrecipient to the public on fair and reasonable terms.
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7 2.8 Familiarity with Work. By executing this Agreement, Subrecipient represents and warrants that Subrecipient (i) has thoroughly investigated and considered Subrecipient’s Services to be performed, (ii) has carefully considered how Subrecipient’s Services should be provided and (iii) fully understands the facilities, difficulties and restrictions attending the provision of Subrecipient’s Services under this Agreement. Should the Subrecipient discover any latent or unknown conditions materially differing from those anticipated in the provision of Subrecipient’s Services, Subrecipient shall immediately inform the City of such fact and shall not proceed except at Subrecipient’s risk until written instructions are received from the City.
2.9 Inspection. The City and HUD and their agents and representatives shall have the right at any reasonable time to observe the provision of and inspect facilities related to Subrecipient’s Services. The City is under no duty to supervise the provision of Subrecipient’s Services. Any inspection or examination by the City is for the sole purpose of protecting and preserving the City’s rights under this Agreement. No default of Subrecipient shall be waived by any inspection by the City. In no event shall any inspection by the City be a representation that there has been or will be compliance by Subrecipient with this Agreement or that Subrecipient is in compliance with any federal, state and local laws, ordinances, regulations and directives applicable to the performance of this Agreement or the provision of Subrecipient’s Services.
Subrecipient shall make or cause to be made such other independent inspections as Subrecipient may desire for Subrecipient’s own protection.
Section 3. Term.
3.1 This Agreement shall be for a term (the “Term”) commencing on August 6, 2025 and terminating on June 30, 2026, subject to earlier termination as expressly provided in this Agreement.
Section 4. Coordination of Services.
4.1 City’s Representative. The City’s Representative shall represent the City in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City’s Representative is authorized to act unless this Agreement specifically provides otherwise or the context should otherwise require.
4.2 Subrecipient’s Representative. Subrecipient’s Representative shall represent the Subrecipient in all matters pertaining to this Agreement. Subrecipient’s Representative is authorized to act on Subrecipient’s behalf with respect to the services and work to be provided hereunder and mak e all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal are a substantial inducement for the City to enter into this Agreement . Therefore, the foregoing principal shall be responsible during the Term of this Agreement for directing all activities of Subrecipient and devoting sufficient time to personally supervise the provision of Subrecipient’s Services hereunder. The foregoing pr incipal may not be changed by Subrecipient and no other personnel may be assigned to supervise the Subrecipient’s Services to be provided hereunder without the express written consent of the City.
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8 4.3 Independent Contractor. Subrecipient and any agent or employee of Subrecipient shall act in an independent capacity and not as officers or employees of City. City assumes no liability for Subrecipient’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Subrecipient. Subrecipient shall not have authority to act as an agent on behalf of City unless specifically authorized to do so in writing. Subrecipient acknowledges that it is aware that because it is an independent contractor, City is making no deduction from any amount paid to Subrecipient and is not contributing to any fund on its behalf. Subrecipient disclaims the right to any fee or benefits except as expressly provided for in this Agreement.
(a) As respects all acts or omissions of Subrecipient relating to Subrecipient’s responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Subrecipient, the Subrecipient agrees to indemnify, defend (at the City’s option), and hold harmless the City, its officers, officials, managers, consultants, contractors, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with the Subrecipient’s performance or failure to perform under this Section.
Sections 5. Insurance and Indemnification.
5.1 Insurance. Without limiting City’s right to indemnification, it is agreed that Subrecipient shall secure prior to commencing any activities under this Agreement, and maintain during the Term of this Agreement while also naming City as an additional insured, insurance coverage as set forth in this Section 5.1.
5.1.1 Required Insurance Coverage. Subrecipient shall secure and maintain the following insurance coverage and minimum insurance limits:
(i) Workers’ Compensation Insurance as required by California statutes; (ii) Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad -Form Property Damage, Ind ependent Contractor’s Liability and Fire Damage Legal Liability, in an amount of not less than Two Million Dollars ($2,000,000.00) per occurrence, combined single limit, written on an occurrence form and Four Million Dollars ($4,000,000.00) aggregate for bodily injury, personal injury and property damage; and
(iii) Comprehensive Automobile Liability coverage, including - as applicable - owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form for bodily injury and property damage; and
(iv) Comprehensive Employer’s Liability coverage, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form; and
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9 (v) Comprehensive Professional Liability coverage, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form, and Two Million Dollars ($2,000,000.00) aggregate, for errors and omissions.
The City’s Representative, with the consent of the City’s Risk Manager, is hereby authorized to reduce the requirements set forth above in the event they determine that such reduction is in City’s best interest.
5.1.2 Required Clauses in Policies . Each policy of general liability and automobile insurance required by this Agreement shall contain the following clauses:
“Written notice of cancellation shall be delivered to the Economic and Housing Development Department of the City of San Bernardino, 290 North D Street, San Bernardino, CA 92401- 1734 in accordance with the policy provisions.”
“It is agreed that any insurance maintained by the City of San Bernardino shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of San Bernardino, its officials, agents,
employees, representative, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of San Bernardino.”
Subrecipient hereby agrees to waive subrogation which any insurer of the Subrecipient may acquire from the Subrecipient by virtue of the payment of any loss. If requested by City, Subrecipient agrees to obtain and deliver to City an endorsement from Subrec ipient’s general liability and automobile insurance insurer(s) to effect this waiver of subrogation.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the subrecipient, its employees and subcontractors.
5.1.2 Required Certificates and Endorsements. Prior to commencement of any work under this Agreement, the Subrecipient shall deliver to City (i) insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above and (ii) endorsements to the above -required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by City, it shall be the Subrecipient’s responsibility to see that City receives documentation, acceptable to City, which evidences that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, City reserves the right at any time to demand, and to receive within a reasonable time period, certified copies of any
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10 insurance policies required under this Agreement, including endorsements effecting the coverage required by these specifications.
5.1.3 Subconsultant Insurance Requirements . Subconsultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by subconsultant , City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
5.1.4 Remedies for Defaults Re: Insurance. In addition to any other remedies City may have if the Subrecipient fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
(i) Obtain such insurance and deduct and retain the amount of the premium for such insurance from any sums due under this Agreement;
(ii) Order the Subrecipient to stop work under this Agreement and/or withhold any payment(s) which become due to the Subrecipient hereunder until the Subrecipient demonstrates compliance with the requirements hereof; or
(iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is cumulative with other remedies City may have and is not the exclusive remedy for the Subrecipient’s failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which the Subrecipient may be held responsible for payment of damages to persons or property resulting from the Subrecipient’s or its contractor’s or subcontractor’s performance of Subrecipient’s Services under this Agreement.
5.2 Indemnification. As respects acts, errors or omissions in the performance of Subrecipient’s Services under this Agreement, the Subrecipient agrees to indemnify and hold harmless the City, its officers, officials, managers, consultants, contractors , agents, employees, representatives and volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising directly or indirectly out of the Subrecipient’s acts, errors or omissions in the performance of Subre cipient’s Services under the terms of this Agreement.
Section 6 Enforcement of Agreement.
6.1 Events of Default. For purposes of this Section 6, the word “Default” shall mean the failure of Subrecipient to perform any of Subrecipient’s duties or obligations or the breach by Subrecipient of any of the terms and conditions set forth in this Agreement. In addition, Subrecipient shall be deemed to be in Default upon Subrecipient’s (i) application for, consent to,
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11 or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing), or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution, or seizure of all or a substantial portion of Subrecipient’s assets or of Subrecipient’s interests hereunder.
City shall not be deemed to be in Default in the performance of any obligation required to be performed by City hereunder unless and until City has failed to perform such obligation for a period of forty -five (45) days after receipt of written notice from Subrecipient specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of City’s obligation is such that more than forty-five (45) days are required for its performance, then City shall not be deemed to be in Default if City shall commence to cure such performance within such forty-five (45) day period and thereafter diligently prosecute the same to completion.
6.2 Termination and Remedies.
The City, in addition to any other rights and remedies it may have under this Agreement, at law, or in equity, may terminate this Agreement at any time after the occurrence of a Default by Subrecipient immediately upon written notice of such termination to Subrecipient. Additionally, as per HUD regulation 2 CFR 200.340, the Federal award may be terminated in whole or in part as follows:
(a) By the Federal awarding agency or pass-through entity, if a non-Federal (Subrecipient) entity fails to comply with the terms and conditions of a Federal award; (b) By the Federal awarding agency or pass-through entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; (c) By the Federal awarding agency or pass -through entity with the consent of the non- Federal entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; (d) By the non-Federal entity upon sending to the Federal awarding agency or pass-through entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal awarding agency or pass -through entity determines in the case of partial termination that the reduced or modified portion of the Federal award or subaward will not accomplish the purposes for which the Federal award was made, the F ederal awarding agency or pass -through entity may terminate the Federal award in its entirety;
(e) By the Federal awarding agency or pass -through entity pursuant to termination provisions included in the Federal award
In accordance with 2 CFR 200.339, in addition to any remedies for a Default provided by this Agreement, at law, or in equity, City may elect to pursue the following:
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12 (a) Repayment from Subrecipient to City of any amount which the State or Federal government determines to have been misused or are subject to repayment; (b) Modify any plans, budget, compensation terms, schedules, manner of providing services or other activities in connection with this Agreement, or take other actions directed or recommended by the State or Federal government;
(c) Elect to have Subrecipient re-perform or cause to be re-performed, at Subrecipient’s sole expense, any work which failed to meet the requirements of this Agreement; (d) In the case of goods, reject the goods and require Subrecipient to provide replacement goods that meet the needs of City and the terms of this Agreement; or (e) Hire another contractor, subcontractor, or vendor to perform the work and deduct any additional costs incurred by City as a result of substituting contractors, subcontractors, or vendors from any amounts due to Subrecipient.
6.2.1 Reversion of Assets. Upon the expiration or termination of this Agreement, Subrecipient shall transfer to City any amounts of the Subgrant on hand and any accounts receivable attributable to the use of the Subgrant. If at the time of the expiration or termination of this Agreement there is under the control of Subrecipient any real property that was acquired or improved in whole or in part with the Subgrant in excess of Twenty-Five Thousand Dollars ($25,000), then, in accordance with 24 CFR 570.505, s uch real property shall , at the election of the City, either be:
(A) used to meet one (1) or more of the national objectives set forth in 24 CFR 570.208 for not less than five (5) years after the date of expiration or termination of this Agreement, or such longer period of time as determined appropriate by City; or
(B) disposed of, within five (5) years after the date of expiration or termination of this Agreement, in a manner which results in City being reimbursed in the amount of the then current fair market value of said real property less any portion thereof attribu table to expenditure of non- CDBG funds for said acquisition or improvement.
6.3 Attorneys’ Fees . City and Subrecipient agree that in the event of litigation to enforce this Agreement or terms, provisions and conditions contained herein, to terminate this Agreement, or to collect damages for a Default hereunder, the prevailing party shall be entitled to all costs and expenses, including reasonable attorneys’ fees, incurred in connection with such litigation.
Section 7. Use and Ownership of Documents and Data
7.1 Documents and Data . City may use all reports, records, plans, and other documents related to this Agreement and the Services for any purpose, including but not limited to inspections and completion of the Services. City shall furnish to Subrecipient such documents
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13 and materials as City may determine to be relevant and pertinent to the provision of services hereunder as City may possess or acquire.
Section 8. Records, Reports and Audits.
8.1 Records. Each Subrecipient shall establish and maintain sufficient records , including, without limitation, financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to the Subgrant, to enable the City to determine whether the Subrecipient has met the requirements of this Agreement and the CDBG Requirements .
Subrecipient shall establish, and maintain on a current basis, an adequate accrual and accounting system in accordance with generally accepted accounting principles and standards in compliance with 2 CFR Part 200.
At a minimum, records shall be retained as follows:
(a) The retention period for individual CDBG activities shall be the longer of 3 years after the expiration or termination of this Agreement under 24 CFR 570.503, or 3 years after the submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time; (b) Records for individual activities subject to the reversion of assets provisions at 24 CFR 570.503(b)(7) or change of use provisions at 24 CFR 570.505 must be maintained for as long as those provisions continue to apply to the activity; and (c) Records for individual activities for which there are outstanding loan balances, other receivables, or contingent liabilities must be retained until such receivables or liabilities have been satisfied.
8.2 Reports. Subrecipient shall prepare and submit financial, program progress, monitoring, evaluation, personnel, property and financial records and other reports as required by City and in the format acceptable to City to assure proper accounting of all Federal and non-Federal project funds. Subrecipient shall furnish such informati on which, in the judgment of City’s Representative, may be relevant to questions of compliance with contractual conditions hereunder or granting agency directives, or with the effectiveness, legality and goals of the program.
Subrecipient will establish a record keeping system which is consistent with the requirements for the City under 24 CFR 570.506. Such records shall be maintained and available to City for at least three (3) years following the completion of the Services , at a minimum, and in the event of litigation, claim, or audit, the records shall be retained until all litigation, claims, and audit findings involving the records have been fully resolved.
Subrecipient will submit monthly reports to City specifying Program Income earned and expenses incurred . Each report shall contain, or be accompanied by, an itemized statement showing all information required by City, including, without limitation:
(a) The amount expended or incurred by Subrecipient and due and payable for the Subrecipient’s Services for such reporting quarter including any and all supporting documentation. (b) A statement showing for each reporting month:
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14 (i) a description of each of the Clients serviced,
(ii) the number of the Clients receiving shelter at the Shelters, (iii) the type of counseling session conducted, the number of each type of counseling sessions conducted, and the number of the Clients attending each such counseling session,
(iv) the type of educational sessions conducted, the number of each type of educational session conducted, and the number of the Clients attending each such educational session, and
(v) a quarterly narrative which specifies any additional services provided.
The quarterly report for the last quarter of the fiscal year ending June 30 shall also include Subrecipient’s financial statement for the immediately preceding year, accompanied by an annual audit report of Subrecipient’s financial statement for the immediately preceding year.
Each report shall be certified as complete and correct by the executive director, or similar officer, of Subrecipient.
8.3 Monitoring. City will conduct periodic CDBG program monitoring reviews. These reviews will focus on the Services and the extent to which the planned program has been implemented and measurable goals achieved, effectiveness of program management, and impact of the program. Authorized representatives of City and HUD shall have the right of access to all activities of and facilities operated by Subrecipient under this Agreement. Facilities include all files, records, and other documents related to the performance of the Services and this Agreement.
Activities include attendance at S taff, officers, board of directors, advisory committee, and advisory board meetings and inspection by City and HUD representatives. Subrecipient shall ensure that its employees , managers. officers, or board members furnish such information as, in the judgment of City and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the CDBG program.
8.4 Audits. Subrecipient is required to arrange for an independent financial and compliance audit annually for each fiscal year Federal funds are received under this Agreement where federal award is $750,000 or more in a year. Audits must be in compliance with 2 CFR Part 200. An audit may be conducted by Federal, State, or local funding source agencies as part of City’s audit responsibilities. The results of the independent audit must be submitted to City within thirty (30) da ys of completion. Within thirty (30) days of the submittal of said audit report, Subrecipient shall provide a written response to all conditions of findings reported in said audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All conditions or finding corrective actions shall take place within six (6) months after receipt of the audit report. City and its authorized representatives shall at all times have access for the purpose of audit o r inspection to any and all books, documents, papers, records, property, and premises of Subrecipient. Subrecipient Staff will cooperate fully with authorized auditors when they conduct audits and examinations of Subrecipient’s program.
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15 If indications of misappropriation or misapplication of the funds granted under this Agreement cause City to require a special audit, the cost of the audit will be encumbered and deducted from the Subgrant. Should City subsequently determine that the speci al audit was not warranted, the amount encumbered will be restored to the Subgrant. Should the special audit confirm misappropriation or misapplication of funds, Subrecipient shall promptly reimburse City the amount of misappropriation or misapplication. I n the event City uses the judicial system to recover misappropriated or misapplied funds, Subrecipient shall reimburse City for legal fees and court costs incurred in obtaining the recovery.
Subrecipient agrees that in the event its performance hereunder is subjected to audit exceptions by appropriate federal audit agencies, it shall be responsible for complying with such exceptions and paying City the full amount of City’s liability to the funding agency resulting from such audit exceptions.
8.5 Confidentiality of Records . Subrecipient shall adhere to the requirement of the National Affordable Housing Act (Pub. L.101- 625, November 28, 1990) contained in Section 832(e)(2)(c) that grantees of federal funds (i) develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted” under the CDBG Program and (ii) that the address or location of any family violence shelter project as sisted under the CDBG Program will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public.
Section 9. Miscellaneous Provisions.
9.1 Waiver. Inaction by City or Subrecipient with respect to a Default hereunder shall not be deemed to be a waiver of such Default. The waiver by either City or Subrecipient of any Default hereunder shall not be deemed to be a waiver of any subsequent Default.
9.2 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either City or Subrecipient to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
If to City: Community Development and Housing Department City of San Bernardino
290 North D Street
San Bernardino, California 92401
Attention: Cassandra Searcy, Deputy Director of Housing & Homelessness
To Subrecipient: El Sol Neighborhood Educational Center 1535 S D St
San Bernardino, CA 92408
Attn: Alexander Fajardo, Director
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16 9.3 Relationship of Parties . Nothing contained herein shall be deemed or construed by the Parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the Parties, it being understood and agreed that Subrecipient is and will be at all times an independent contractor pursuant to this Agreement and shall not, in any way, be considered to be an officer, representative, agent or employee of the City.
9.4 No Third Party Rights. The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
9.5 Non-Liability of Members, Officials and Employees of the City . No member, official, officer, agent, representative, or employee of the City shall be personally liable to Subrecipient, or any successor in interest or assigns, in the event of any Default or breach by the City or for any amount which may become due to Subrecipient or Subrecipient’s successors or assigns, or on any obligation under the terms of this Agreement. Subrecipient hereby waives and releases any claim Subrecipient may have against t he members, officials , officers, agents, representatives, or employees of the City with respect to any Default or breach by City or for any amount which may become due to Subrecipient or Subrecipient’s successors or assigns, or any obligations under the terms of this Agreement. Subrecipient makes such release with the full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEM ENT WITH THE
DEBTOR OR RELEASED PARTY.”
__________
Subrecipient
9.6 Controlling Law . This Agreement shall be governed by and construed in accordance with the laws of the State of California.
9.7 Time of the Essence. Time is hereby expressly declared to be the essence of this Agreement and of each covenant and condition hereof which relates to a date or a period of time.
9.8 Remedies Cumulative. The remedies given to City and Subrecipient herein shall be cumulative and are given without impairing any other rights given City or Subrecipient by statute or law now existing or hereafter enacted and the exercise of any one (1) remedy by City or Subrecipient shall not exclude the exercise of any other remedy.
9.9 Effect of Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be
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17 affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
9.10 Entire Agreement . This Agreement and the exhibits hereto, which are incorporated herein for all purposes by this reference, contain the entire agreement of the City and the Subrecipient with respect to the matters covered hereby, and no agreement, statement or promise made by either City or Subrecipient which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended, modified or added except by an agreement in writing signed by City and Subrecipient. In the event of a conflict between the terms of the exhibits and this Agreement, the terms of this Agreement shall control unless otherwise required by federal law.
9.11 Authority. Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms.
Subrecipient shall, at City’s request, deliver a certified copy of its governing body’s resolution or certificate authorizing or evidencing such execution.
9.12 Conflicts of Interest. No employee, agent, consultant, officer, or elected or appointed official of the City, Subrecipient or of its subrecipients that are receiving funds under this paragraph who exercise or have exercised any functions or responsibilities with respect to the CDBG Funds, or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from an activity assisted with the CDBG Funds, or have a financial interest in any contract, subcontract, or agreement with respect to an activity assisted with the CDBG Funds, or with respect to the proceeds of the activity assisted with the CDBG Funds, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter, except pursuant to an exception granted by HUD in accordance with 24 CFR 570.611(d). In connection with any procurement of goods or services related to the Services or under this Agreement, Subrecipient shall comply with the conflict of interest provisions of 2 CFR 200.317-.318.
9.13 Time for Acceptance of Agreement by City. This Agreement, when executed by Subrecipient and delivered to City, must be authorized, executed and delivered by the City on or before forty-five (45) days after the execution and delivery by Subrecipient or this Agreement shall be void, except to the extent that Subrecipient and City shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement.
Section 10. Construction Articles
10.1 SCOPE OF WORK. Subrecipient shall procure a general contractor (the “Contractor”) for performance of the Services (the “Work ”). Subrecipient shall establish procurement procedures to ensure that materials and services are obtained in a cost -effective manner. When procuring property or services to be provided under this Agreement, Subrecipient shall comply at a minimum with the proc urement standards at 2 CFR 200.318 through 2 CFR 200.327.
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18 The Subrecipient shall cause Contractor to perform all Work within the time stipulated in the construction c ontract to be entered into by Subrecipient and Contractor , and Contractor shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified below, for the following project (the “Project”):
El Sol Neighborhood Educational Center First Phase: Building Rehabilitation.
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with the Contract Documents . The requirements of this Section 10 and the applicable requirements of the CDBG Requirements must be included in any Construction Contract.
10.2 TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 260 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
10.3 CONTRACT PRICE . The Subrecipient shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum, not to exceed, of two-hundred and fifty thousand dollars and zero cents ($250,000.00). Payment shall be made as set forth in the General Conditions. The Subrecipient will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
10.4 LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed beyond the time specified in the Contract. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescrib ed in the Contract Documents for finishing the Work, as liquidated damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the Subrecipient or City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damage s shall not prevent the Subrecipient or City, in case s of Contractor’s default, from terminating the Construction Contract.
10.5 COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
• Notice Inviting Bids
• Instructions to Bidders
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19 • Bid Forms
• Bid Acknowledgement
• Bid Schedule
• Bid Guarantee
• Designation of Subcontractors
• Information Required of Bidders
• Non-Collusion Declaration Form
• Iran Contracting Act Certification
• Public Works Contractor DIR Registration Certification • Performance Bond
• Payment (Labor and Materials) Bond
• Contract for Construction
• General Conditions
• Special Conditions
• Specifications
• Addenda Construction Plans and Drawings and Addenda
• Applicable Local Agency Standards and Specifications, as last revised • Reference Specifications
• Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. The Construction Contract shall supersede any prior agreement of the parties , except that in the event of conflict between the Contract Documents and this Agreement, this Agreement shall control.
10.6 PROVISIONS REQUIRED BY LAW AND CONTRACTOR
COMPLIANCE. Every provision of law required to be included in the Contract Documents shall be deemed to be included in the Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to the Work.
10.7 INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
10.8 PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
10.9 FALSE CLAIMS AND MANDATORY DISCLOSURES . Contractor acknowledges and agrees all information and documentation submitted to Subrecipient may be relied upon by City. Contractor acknowledges that if a false claim is submitted to the Subrecipient
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20 or City, it may be considered fraud and Contractor may be subject to civil or criminal prosecution, including, without limitation, under 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) , 18 U.S.C. § 287, 18 U.S.C. § 1001, and 31 U.S.C. § 3729. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity.
These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.
Subrecipient must disclose, in a timely manner, in writing to the City and HUD all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting this Agreement as provided in 2 CFR 200.113. Failure to make required disclosures constitutes a Default of this Agreement.
(Remainder of page intentionally left bank; signatures on next page)
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SIGNATURE PAGE TO COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
IN WITNESS WHEREOF, THE CITY AND THE SUBRECIPIENT HAVE
EXECUTED THIS AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW.
“CITY”
CITY OF SAN BERNARDINO,
a municipal corporation and charter city
Dated: By:
Eric Levitt, City Manager
APPROVED AS TO FORM:
By:
City Attorney
“SUBRECIPIENT”
EL SOL NEIGHBORHOOD EDUCATIONAL
CENTER
Dated: By:
Alexander Fajardo, Director
07/17/2025
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A-1
EXHIBIT A
SCOPE OF SERVICES
Subrecipient: El Sol Neighborhood Educational Center
CDBG Activity: Public Facility Project
Description of activity to be undertaken:
The project spearheaded by El Sol aims to significantly enhance community engagement and well- being. The following outcomes are expected to be achieved through this initiative, providing measurable and tangible benefits to the community. Importantly, the project is included in the San Bernardino Investment Playbook (see
https://www.sbinvestmentplaybook.com/home ). Outcomes of the El Sol Neighborhood Recreational and Wellness Center include: 1) Daily Usage:
Approximately 100 residents using the center daily, totaling around 36,500 visits annually. 2) Youth Engagement: Engage at least 500 unique youths per year in after -school programs and activities. 3) Recreational Activities: Offer five different recreational activities weekly, attracting diverse age groups. 4) Referral Center Utilization: Serve as a referral center with at least 2000 referrals per year for various community services. 5) Prevention Programs: Implement 5 different prevention programs annually, focusing on health, safety, and social issues. 6) Increase in Physical Activity: Achieve a 25% increase in reported physical activity levels among center participants. 7) Arts and Cultural Programs: Host at least 10 arts and cultural events each year, drawing in additional community members.
Eligible activity citation and regulatory language: 24 CFR 570.201(c) – Public Facilities and Improvements. Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements, except as provided in § 570.207(a), carried out by the recipient or other public or private nonprofit entities. (However, activities under this paragraph may be directed to the removal of material and architectural barriers that restrict the mobility and accessibility of elderly or severel y disabled persons to public facilities and improvements, including those provided for in § 570.207(a)(1).) In undertaking such activities, design features and improvements which promote energy efficiency may be included. Such activities may also include the execution of architectural design features, and similar treatments intended to enhance the aesthetic quality of facilities and improvements receiving CDBG assistance, such as decorative pavements, railings, sculptures, pools of water and fountains, and other works of art. Facilities designed for use in providing shelter for persons having special needs are considered public facilities and not subject to the prohibition of new housing construction described in § 570.207(b)(3). Such facilities include shelters for the homeless; convalescent homes; hospitals, nursing homes; battered spouse shelters; halfway houses for run- away children, drug offenders or parolees; group homes for mentally retarded persons and temporary housing f or disaster victims. In certain cases, nonprofit entities and subrecipients including those specified in § 570.204 may acquire title to public facilities. When such facilities are owned by nonprofit entities or subrecipients, they shall be operated so as to be open for use by the general public during all normal hours of operation. Public facilities and improvements eligible for assistance under this paragraph are subject to the policies in § 570.200(b).
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A-2
National Objective: Activities benefiting low-moderate-income persons (24 CFR 570.208(a)). [Area benefit activities / Citation: § 570.208 (a)(1); Low-Mod Limited Clientele (LMC) / Citation:
§ 570.208 (a)(2)]
Performance Goal: To provide community engagement through various resources to ultimately benefit low to moderate-income persons.
Timeframe for Completion of Performance Goal: June 30, 2025 CDBG-funded Improvements Depicted on Following Page.
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A-3
CDBG FUNDED IMPROVEMENTS
Recipient: _______________
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C-1
EXHIBIT B
BUDGET
[attached]
Budget
Phase One -
Construction 250,000
Total
$ 250,000
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C-2
EXHIBIT C
COVENANTS RE: USE OF FEDERAL FUNDS
Subrecipient acknowledges and agrees that the Subgrant described in the agreement to which this exhibit is attached (“Agreement”) is funded from CDBG Funds allocated to City by the United States of America. Accordingly, Subrecipient covenants and agrees as follows:
Section 1. Compliance With Law . Subrecipient hereby covenants and agrees that it has complied and will continue to comply with the Housing and Community Development Act of 1974 (the “Housing and Community Development Act”), and all applicable Federal, state and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of Federal funds for this federally- assisted program. It is Subrecipient’s responsibility to keep itself fully informed of and in complia nce with all such requirements and to provide all notices as required by law. This Agreement is subject to all such laws, ordinances, regulations, policies, and guidelines, including, without limitation, the Housing and Community Development Act; 24 CFR Part 85; 24 CFR Part 570; and 2 CFR Part 200.
Subrecipient agrees to comply with the requirements of 24 CFR Part 570, subpart K, except that (1) Subrecipient does not assume the City’s environmental responsibilities described in 24 CFR 570.604 and (2) Subrecipient does not assume the City’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. Subrecipient also agrees to comply with all other applicable Federal, state, and local laws, regulations, and policies governing the funds provided under the Agreement and to utilize funds available under the Agreement to supplement rather than supplant funds otherwise available.
Subrecipient agrees to cause its contractors and subcontractors to comply, to the extent applicable, with the requirements of 24 CFR Part 570 and 2 CFR Part 200. Subrecipient further agrees to insert in any contracts and subcontracts, to the extent applicable, the indicated provisions set forth in this exhibit or required to be included in contractors or subcontracts under 24 CFR Part 570 and 2 CFR Part 200 and a clause requiring the contractors (and subcontractors when indicated) to include these provisions in any lower tier contracts or subcontracts. Failure to comply by Subrecipient or by any contractor or subcontractor may be grounds for termination of the applicable contract and for debarment as a contractor or subcontractor.
Subrecipient acknowledges that the Federal Government is not a party to the Agreement and is not subject to any obligations or liabilities to the City, Subrecipient , or any other party pertaining to any matter resulting from the Agreement.
Section 2. Civil Rights Act. Subrecipient shall comply with the Civil Rights Act of 1964, as amended, and all regulations applicable thereto, which provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination based on race, color, and/or national origin under any program or activity receiving federal financial assistance.
Section 3. Non-Discrimination and Equal Opportunity. Subrecipient shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, sexual orientation, gender identity, age, national origin, or ancestry. Subrecipient shall comply with the following:
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(A) The requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 CFR Part 100; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and implementing regulations issued at 24 CFR Part 1, which prohibit discrimination on the basis of race, color, religion, sex, handicap, familial status, or national origin and require actions which affirmatively promote fair housing. Subrecipient shall also comply with the requirements for Equal Access in Accordance with Gender Identity (24 CFR 5.106) an d any other requirements set forth in 24 CFR Part 5.
(B) The prohibitions against discrimination on the basis of age under the Age discrimination Act of 1975 (42 U.S.C. 6101et seq.) and implementing regulations at 24 CFR Part 146.
(C) The prohibitions against discrimination against otherwise qualified individuals with disabilities under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. For purposes of the CDBG program, the term “ dwelling units” in 24 CFR Part 8 shall include sleeping accommodations.
(D) The Equal Employment Opportunity Act of 1972; the requirements of Executive Order 11246; and the regulations issued under the Order at 41 CFR chapter 60, for the equal opportunity for all persons, without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin, employed or seeking employment with government contractors or with contractors.
(E) The requirements of Executive Orders 11625, 12432, and 12138 and the requirements of 2 CFR 200.321 and 2 CFR 200.509. Consistent with HUD’s responsibilities under these requirements , Subrecipient must make efforts to encourage minority and women’s business enterprises in connection with activities funded under this Agreement.
(F) The requirement that Subrecipient make known that use of the facilities and services is available to all on a nondiscriminatory basis. Where the procedures that Subrecipient intends to use to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age or national origin within Subrecipient’s service area who may qualify for them, Subrecipient must establish additional procedures that will ensure that these persons are made aware of the facilities and services. Subrecipient must also adopt and implement procedures designed to make available to interested persons information concerning the existence and location of services and facilities that are accessible to persons with a disability.
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Section 4. Americans with Disabilities . Subrecipient shall not discriminate against handicapped persons in the provision of the Services and shall provide accessibility for handicapped persons to the Services provided under this Agreement. Subrecipient shall comply with all applicable requirements of the Americans with Disabilities Act of 1990 and implementing regulations (28 CFR Parts 35- 36), in order to provide handicapped accessibility to the extent readily achievable.
Section 6. Conflicts of Interest. In addition to the conflict of interest requirements in 2 CFR Part 200, under 24 CFR 570.611
1 no person:
(A) who (i) is an employee, agent, consultant, officer, or elected or appointed official of City, Subrecipient, a State recipient, or a nonprofit recipient (or of any designated public agency) that receives CDBG Subgrant amounts and (ii) exercises or has exercised any functions or responsibilities with respect to assisted activities, or
(B) who is in a position to participate in a decision making process or gain inside information with regard to such activities,
shall obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for him or herself or for those with whom he or she has family or business ties, during his or her tenure, or for one year thereafter. HUD may grant an exception to this exclusion as provided in 24 CFR Section 570.611(d).
Subrecipient also agrees to abide by the provisions of 24 CFR 570.611, which include but are not limited to the following:
Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by Federal funds.
No employee, officer, or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, ma y obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG -assisted activity, or with respect to the proceeds from the CDBG -assisted activity, either for themselves or tho se with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is
1 24 CFR 570.611 requires compliance with 2 CFR 200.317-.318 for recipients and subrecipients and compliance with 24 CFR 570.611 otherwise.
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an employee, agent, consultant, officer, or elected or appointed official of the City, Subrecipient, or any designated public agency.
Section 7. Certification Regarding Lobbying. Subrecipient shall comply with the requirements of 31 U.S.C. § 1352, 2 CFR § 200.450, and 24 CFR 87. Subrecipient certifies, to the best of its knowledge and belief, that:
(A) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Subrecipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(C) Subrecipient shall require that the language of this certification be included in the award documents for all subawards and contracts at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements), and that all s ubrecipients, contractors, and subcontractors shall certify and disclose accordingly.
Section 8. Drug Free Workplace.
8.1 Certification. Subrecipient hereby certifies to City that Subrecipient will comply with the applicable provisions of the Drug- Free Work Place Act of 1988 (Public Law 100-690, title v, subtitle D; 41 U.S.C. 701 et seq.) and implementing regulations at 2 CFR part 2429 and 2 CFR part 182 (incorporated herein by reference) and provide a drug- free workplace by:
(A) publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in Subrecipient’s workplace and specifying the actions that will be taken against employee s for violations of such prohibition;
(B) establishing a drug-free awareness program to inform employees about:
(i) the dangers of drug abuse in the workplace;
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(ii) Subrecipient’s policy of maintaining a drug-free workplace; (iii) any available drug counseling, rehabilitation, and employee assistance program; and
(iv) the penalties that may be imposed upon employees for drug abuse violations;
(C) making it a requirement that each employee to be engaged in the performance of Services under this Agreement be given a copy of the statement required by subparagraph (A);
(D) notifying the employee in the statement required by subparagraph (A), that as a condition of employment, the employee will:
(i) abide by the terms of this statement; and
(ii) notify Subrecipient of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;
(E) notifying City within ten (10) days after receiving notice of a conviction under subparagraph (D)(ii) from an employee or otherwise receiving actual notice of such conviction;
(F) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by 41 U.S.C. 703; and
(G) making a good faith effort to continue to maintain a drug- free workplace through implementation of subparagraphs (A), (B), (C), (D), (E), and (F).
8.2 Suspension. Subrecipient acknowledges and agrees that th e Agreement shall be subject to suspension of payment or termination, or both, and Subrecipient shall be subject to suspension or debarment if the Director of City or her /his official designee determines, in writing, that:
(A) Subrecipient has made false certification under Section 8.1; (B) Subrecipient violates such certification by failing to carry out the requirements of subparagraphs ( A), (B), (C), (D), (E), (F) OR (G ) of Section 8.1, or
(C) such a number of Subrecipient’s employees have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that Subrecipient has failed to make a good faith effort to provide a drug-free workplace as required by Section 8.
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Section 9. Use of Debarred, Suspended or Ineligible Contractors . Subrecipient shall comply with the provisions of 24 CFR Part 2424 and 2 CFR Part 180 relating to the prohibition on employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status. (i) The Agreement is a covered transaction for purposes of 2 CFR Part 180. As such Subrecipient is required to verify that none of the Subrecipient ’s principals (defined at 2 CFR 180.995) or its affiliates (defined at 2 CFR 180.905) are excluded (defined at 2 CFR 180.940) or disqualified (defined at 2 CFR 180.935).
(ii) Subrecipient must comply with 2 CFR Part 180, Subpart C and 2 CFR Part 2424 and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) Subrecipient certifies and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Subrecipient also agrees to verify that all contractors and subcontractors performing work under the Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Subrecipient further agrees to notify the City in writing immediately if Subrecipient or its contractors or subcontractor s are not in compliance during the term of the Agreement. This certification is a material representation of fact relied upon by City. If it is later determined that Subrecipient did not comply with 2 CFR Part 180, Subpart C and 2 CFR Part 2424, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
Section 10. Lead-Based Paint. Subrecipient shall comply with the requirements, as applicable, of the Lead -Based Paint Poisoning Prevention Act (43 U.S.C. 4821- 4846) and implementing regulations at 24 CFR Part 35. In addition, Subrecipient must also meet the following requirements relating to inspection and abatement of defective lead-based paint surfaces:
(A) Treatment of defective paint surfaces must be performed before final inspection and approval of the renovation, rehabilitation or conversion activity under this Agreement.
(B) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures.
Section 11. Beneficiary Qualification. Subrecipient covenants and agrees the purpose of the Subgrant is to meet one or more of the “National Objectives” and other requirements set forth in 24 CFR 570.208 and certifies all activities carried out under the Agreement shall be in furtherance of at least one such National Objective. Subrecipient further covenants and agrees that one hundred percent (100%) of the beneficiaries of the Services (as defined in the Agreement) will be low income (or moderate income, i f applicable and permitted under the Agreement) persons or households. Under CDBG regulations, the following clientele categories are presumed to be low income persons and can qualify for service regardless of income: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census ’ Current Population Reports
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definition of “severely disabled,” homeless persons , illiterate adults, persons living with AIDS , and migrant farm workers. Beneficiaries qualifying on the basis of income shall have an annual income equal to or less than HUD Section 8 (of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits for the City PMSA define the maximum family income for low income households. Subrecipient is responsible for obtaining from City current applicable HUD Section 8 Income Limits for the Term of this Agreement.
Section 12. Flood Insurance. No site proposed on which renovation, major rehabilitation, or conversion of a building is to be assisted under the Agreement shall be located in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless:
(A) either (i) the community in which the area is situated is participating in the National Flood Insurance Program and the regulations thereunder (44 CFR parts 59 through 79) or (ii) less than a year has passed since FEMA notification regarding such hazards.
(B) Subrecipient will ensure that flood insurance on the structure is obtained in compliance with Section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001, et seq.).
Section 13. Coastal Barriers. Subrecipient shall comply with the Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq., which provides that no financial assistance under this Agreement may be made available within the Coastal Barrier Resources System.
Section 14. Religious and Political Activities. Subrecipient agrees that funds provided under this agreement shall be used exclusively for performance of the services or work required under this Agreement, and that no funds made available under this Agreement shall be used to promote religious or political activities , lobbying, political patronage, and nepotism activities . Further, Subrecipient agrees that it will not perform, nor permit to be performed, any religious or political activities in connection with the performance of this Agreement in accordance with 24 CFR 570.200(j), 570.207, and 570.607 and 24 CFR 5.109.
Subrecipient shall perform under the Agreement in a manner that does not discriminate against an organization on the basis of the organization’s religious character, affiliation, or lack thereof, or on the basis of the organization’s religious exercise and, to the extent applicable, shall comply with Executive Order 13279 (Equal Protection of Laws for Faith-Based and Community Organizations) and the implementing regulations at 41 CFR chapter 60.
Section 15. Reversion of Assets . Upon the expiration or termination of the Agreement, Subrecipient shall transfer to City any CDBG Funds on hand and any accounts receivable attributable to the use of CDBG Funds. If at the time of the expiration or termination of th e Agreement there is under the control of Subrecipient any real property that was acquired or improved in whole or in part with CDBG Funds in excess of Twenty- Five Thousand Dollars ($25,000), then, in accordance with 24 CFR 570.505, such real property shall either be:
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(A) used to meet one (1) or more of the national objectives set forth in 24 CFR §570.208 for not less than five (5) years after the date of expiration or termination of the Agreement, or such longer period of time as determined appropriate by City; or
(B) disposed of, within five (5) years after the date of expiration or termination of this Agreement, in a manner which results in City being reimbursed in the amount of the then current fair market value of said real property less any portion thereof attributable to expenditure of non-CDBG funds for said acquisition or improvement.
Section 16. Program Income . Any Program Income received by Subrecipient shall be promptly remitted to City. Any Program Income on hand when this Agreement expires or received after the expiration of this Agreement shall be paid to City as required by 24 CFR 570.503(b)(3).
Section 17. No Disability. Subrecipient certifies and agrees that it is under no contractual or other disability which would prevent it from complying with all pertinent laws and regulations.
Section 18. Patents and Copyrights (2 CFR 200.315). Subrecipient acknowledges and agrees that HUD reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:
(A) The copyright in any work developed under the Agreement; (B) Any rights of copyright to which Subrecipient purchases ownership with Subgrant proceeds;
(C) The patent for any invention developed under the Agreement; and (D) Any rights in any patent to which Subrecipient purchases ownership with Subgrant proceeds.
Section 19. Procurement and Disposition During Term .
Subrecipient shall procure and
dispose of all materials, property, and services in accordance with the requirements of 2 CFR Part 200 (including particularly 2 CFR 200.318- .327) and 24 CFR 570.502, 570.503, and 570.504.
During the term of the Agreement, Subrecipient may not change the use or planned use of any real property acquired or improved in whole or in part using funds provided under the Agreement without written approval from the City. The requirements of 24 CFR 5.109 apply to the Agreement, including the requirements regarding disposition and change in use of real property by a faith- based organization.
19.1 Non-Expendable Property. A record shall be maintained by Subrecipient for each item of non- expendable property acquired for this program with Subgrant Proceeds. This record shall be provided to City as well as being available for inspection and audit upon the request of City. Non- expendable property means tangible personal property having a useful life of more than one (1) year and an acquisition cost of Three Hundred Dollars ($300.00) or more per unit. Subrecipient shall not purchase or agree to purchase non -expendable property without the prior written approval of City. Upon
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completion or early termination of this Agreement, City reserves the right to determine the final disposition of such non-expendable property in compliance with applicable laws and regulations. Such disposition may include, but is not limited to, City taki ng possession of such non- expendable property in compliance with applicable laws and regulations, including, without limitation, 2 CFR 200.311-316.
19.2 Expendable Property. Expendable property refers to all tangible personal property other than non-expendable personal property. Subrecipient shall not purchase or agree to purchase expendable personal property at a cost of Three Hundred Dollars ($300.00) or more per unit without the prior written approval of City.
19.3 Purchase or Lease of Non -Expendable Property or Equipment .
Subrecipient shall obtain three documented bids prior to purchasing or leasing any non- expendable property or equipment over Three Hundred Dollars ($300.00) in unit value.
Subrecipient shall purchase or lease from the lowest responsive and responsible bidder. All equipment that has a purchase or lease price of over Fifty Dollars ($50.00) in unit -value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price. Such inventory shall be provided to City as well as being available for inspection and audit upon the request of City.
19.4 Procurement of Recovered Materials (2 CFR 200.323). (i) Subrecipient shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of the Agreement, Subrecipient shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
(1) Competitively within a timeframe providing for compliance with the Agreement performance schedule;
(2) Meeting Agreement performance requirements; or
(3) At a reasonable price.
(iii) Information about this requirement, along with the list of EPA - designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive -procurement-guideline-cpg- program.
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(iv) Subrecipient also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
19.5 Domestic Preferences for Procurement (2 CFR 200.322). (i) Subrecipient shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber
Section 20. Travel and Conference Restrictions . Subrecipient covenants and agrees that travel and conference will adhere to 2 CFR 200.404 and 2 CFR 200.407. Reimbursement is at the sole discretion of the City as an allowable expense.
Section 21. Privacy. Subrecipient agrees and shall ensure that no information about or obtained from any person receiving services hereunder shall be voluntarily disclosed in any form identifiable with such person without first obtaining the written consent of such person.
Subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other information considered to be sensitive consistent with applicable Federal, State, and local laws regarding privacy and responsibility over confi dentiality. Subrecipient shall provide citizens with reasonable access to records regarding the use of CDBG funds in connection with the Agreement, consistent with applicable State and local laws regarding privacy and obligations of confidentiality and with 24 CFR 570.508 and 2 CFR 200.303.
Section 22. Eligibility restrictions for certain resident aliens and noncitizens.
Subrecipient shall comply with the restrictions on the provision of benefits to newly legalized aliens if applicable under 24 CFR 570.613 and to noncitizens under 24 CFR Part 5, Subpart E.
Section 23. Displacement, Relocation, Acquisition, and Replacement of Housing (24 CFR 570.606). If any work provided in accordance with the Agreement will result in the displacement of persons, Subrecipient covenants and agrees to comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations at 49 CFR Part 24.
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Section 24. Protections for Whistleblowers. Subrecipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing, in accordance with 41 U.S.C. § 4712, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant, as provided in 2 CFR 200.300(b).
Section 25. Section 3 of the Housing and Urban Development Act of 1968.
Subrecipient acknowledges that the services or work to be performed under the Agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (“Section 3”), 24 C.F.R. §§ 135.3(a)(2) and (a)(3). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents and that contracts for work in connection with the project be awarded to business concerns that are located in, or owned in substantial part by, persons residing in the area of the project. Subrecipient shall comply with the provisions of Section 3 and the implementing regulations at 24 CFR Part 75.
Subrecipient shall include a Section 3 clause in every contract and subcontract for services or work in connection with the Agreement and shall, at the direction of the City, take appropriate action pursuant to the contract or subcontract upon a finding that the contractor or subcontractor is in violation of regulations issued at 24 CFR Part 75. Subrecipient shall not contract or subcontract with any party where Subrecipient has notice or knowledge that such party has been found in violation of regulations under 24 CFR Part 75 and shall not let any contract or subcontract unless the contractor or subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of said regulations.
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 75, and all applicable rules and orders of HUD issued thereunder prior to the execution of the Agreement shall be a condition of the federal financial assistance provided to the Project, binding upon the Subrecipient, its successors, and assigns. Failure to fulfill these requirements shall subject Subrecipient, its contractors and subcontractors, successors, and assigns to those sanctions as are specified by 24 CFR Part 75.
2 Section 26. Environmental Laws . Subrecipient must comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) not ification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988 as interpreted in HUD regulations at 24 C.F.R. Part 55; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as a mended (42 U.S.C.
2 Per 24 CFR 75.33(c), remedies and sanctions may be imposed by HUD “in accordance with the laws and regulations for the program under which the violation was found.”
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§§7401 et seq.), 40 C.F.R. Parts 6, 51, and 93; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205); (i) Wild and Scenic Rivers Act of 1989 (16 U.S.C. § 1271 et seq.); (j) Sole Source Aquifers (Environmental Protection Agency-40 C.F.R. part 149; (k) Farmland Protection Policy Act of 1981 (7 U.S.C. § 4201, et seq.); (l) Farmland Protection Policy (Department of Agriculture-7 C.F.R. part 658); (m) applicable criteria and standards specified in HUD environmental regulations (24 C.F.R. Part 51) (other than the runway clear zone and clear zone notification requirement in 24 C.F.R. §
51.303(a)(3); (n) HUD Notice 79 -33, Policy Guidance to Address the Problems Posed by Toxic Chemicals and Radioactive Materials, September 10, 1979; (o) Executive Order 12898 of February 11, 1994—Federal Actions to Address Environmental Justice in Minority Popula tions and Low- Income Populations, (59 FR 7629), 3 C.F.R., 1994 Comp. p. 859. Subrecipient shall include this requirement in all subcontracts under the Agreement.
In addition to generally applicable environmental laws, the Subrecipient shall comply with the following:
(i) Pursuant to the Clean Air Act, (1) Subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Subrecipient agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Agency and the appropriate Environmental Protection District Regional Office, and (3) Subrecipient agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Subrecipient agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Agency and the appropriate Environmental Protection Agency Regional Office, and (3) Subrecipient agrees to include these requirements in each subcontract exceeding $150,000.
Section 27. Labor Standards (24 CFR § 570.603). Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing fewer than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation, or repair work financed in w hole or in part with assistance provided under the Agreement, shall comply with the requirements of the Davis -Bacon Act (40 USC, Chapter 3, Section 276a-276a-5) adopted by the Federal Agency pertaining to such contracts and with the applicable requirements of the Contract Work Hours and Safety Standards Act and Copeland Anti- Kickback Act (40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708) and regulations of the Department of Labor under 29 CFR parts 1, 3, 5, and 7, governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. Subrecipient shall comply with 24 CFR Part 70 with regard to the use of volunteers. The Subrecipient shall cause or
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require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.
Section 28. Minimum Bonding Requirements (2 CFR § 200.326). If the Agreement involves construction or facility improvements in excess of the simplified acquisition threshold, as that term is defined in 2 CFR 200 subpart A, Subrecipient shall maintain a performance bond for 100 percent (100%) of the contract price to secure fulfillment of all the Agreement’s requirements.
Section 29. Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, Stalking and Trafficking . Subrecipient shall comply with the protections provided to victims of domestic violence, dating violence, sexual assault, and stalking set forth in Title 24, Part 5, subpart L, as applicable.
Subrecipient shall comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits Subrecipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the Agreement.
Section 30. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment (2 CFR 200.216).
(i) Subrecipient shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under the Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Cor poration, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information.
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(iii) Subcontracts. Subrecipient shall include the substance of this section, including this paragraph, in all subcontracts and other contractual instruments
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EXHIBIT D
DEFINITION OF PROGRAM
INCOME
“Program Income” means gross income received by the recipient or a subrecipient directly generated from the use of CDBG Funds. When such income is generated by an activity that is only partially assisted with CDBG Funds, the income shall be prorated to ref lect the percentage of CDBG Funds used.
Program Income includes, but is not limited to the following:
(a) Proceeds from the disposition by sale or long- term lease of real property purchased or improved with CDBG funds;
(b) Proceeds from the disposition of equipment purchased with CDBG funds; (c) Gross income from the use or rental of real or personal property acquired by the recipient or by a subrecipient with CDBG funds, less costs incidental to generation of the income;
(d) Gross income from the use or rental of real property, owned by the recipient or by a subrecipient, that was constructed or improved with CDBG funds, less costs incidental to generation of the income;
(e) Payments of principal and interest on loans made using CDBG funds, excluding payments made by subrecipients of principal and/or interest on CDBG-funded loans received from grantees if such payments are made using Program Income received by the subrecipient, as provided in 24 CFR 570.500(a)(3);
(f) Proceeds from the sale of loans made with CDBG funds; (g) Proceeds from sale of obligations secured by loans made with CDBG funds; (h) Interest earned on Program Income pending its disposition; and (i) Funds collected through special assessments made against properties owned and occupied by households not of low- and moderate-income, where the assessments are used to recover all or part of the CDBG portion of a public improvement.
Program Income does not include income earned (except for interest described in 24 CFR 570.513) on grant advances from the U.S. Treasury. The following items of income earned on grant advances must be remitted to HUD for transmittal to the U.S. Treasury, and will not be reallocated under Section 106(c) or (d) of the Act:
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(a) Interest earned from the investment of the initial proceeds of a grant advance by the U.S. Treasury;
(b) Interest earned on loans or other forms of assistance provided with CDBG funds that are used for activities determined by HUD either to be ineligible or to fail to meet a national objective in accordance with the requirements of 24 CFR Part 570, Subpart C, or that fail substantially to meet any other requirement of this part; and
(c) Interest earned on the investment of amounts reimbursed to the CDBG program account prior to the use of the reimbursed funds for eligible purposes.
Program Income also does not include:
(a) Any income received in a single program year by the recipient and all its subrecipients if the total amount of such income does not exceed $25,000; and
(b) Amounts generated by activities that are financed by a loan guaranteed under Section 108 of the Act and meet one or more of the public benefit criteria specified at 24 CFR 570.209(b)(2)(v) or are carried out in conjunction with a grant under Section 108(q) in an area determined by HUD to meet the eligibility requirements for designation as an Urban Empowerment Zone pursuant to 24 CFR part 597, subpart B, except as provided in 24 CFR 570.500(a)(4)(ii).
Examples of other receipts that are not considered Program Income are proceeds from fund raising activities carried out by subrecipients receiving CDBG assistance (the costs of fundraising are generally unallowable under the applicable OMB circulars referenced in 24 CFR 84.27 3), funds
collected through special assessments used to recover the non- CDBG portion of a public improvement, and proceeds from the disposition of real property acquired or improved with CDBG funds when the disposition occurs after the applicable time period specified in 24 CFR 570.503(b)(8) for subrecipient-controlled property, or in 24 CFR 570.505 for recipient-controlled property.
3 24 CFR Parts 84 and 85 were superseded and replaced by 2 CFR Part 200, effective as of December 26, 2014.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 6, 2025
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager;
Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: Approve Memorandum of Understanding with Bargaining Groups (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the Memorandum of Understanding (MOU) with the San Bernardino Police Officers’ Association (SBPOA) for Police Safety Employees; and
2. Approve the Memorandum of Understanding (MOU) with the San Bernardino Police Management Association (SBPMA) for Police Management Employees; and
3. Amend the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.
Executive Summary
Approval of the Memorandum of Understanding will finalize employment agreements between the City and the SBPOA for the period of July 1, 2025, through June 30, 2029, and between the City and the SBPMA for the period of July 1, 2025, through June 30, 2028.
Background
The California Meyers-Millias-Brown-Act (MMBA) requires the City to meet and confer, in good faith, with its bargaining groups on all matters relating to employment conditions and employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment.
The City has long recognized the San Bernardino Police Officers Association (SBPOA), and the San Bernardino Police Management Association (SBPMA), for
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purposes of meeting and conferring related to conditions of employment of Police Safety, Police Management employees, respectively. The prior Memoranda of Understanding (MOUs) covering such terms and conditions of employment expired on June 30, 2025. Since then, the parties have been negotiating terms for successor MOUs. The parties have now reached tentative agreements. Those agreements were ratified, and are currently before the City Council for approval.
Discussion
SBPOA – Police Safety
The San Bernardino Police Officers Association (SBPOA) Memorandum of Understanding (MOU) new agreement term, if approved, will be July 1, 2025, through June 30, 2029, inclusive of the deal points noted below. 3% cost of living adjustment (COLA) effective the first full pay period following July 1, 2025, 2.2% COLA effective the first full pay period following January 1, 2026, 3% COLA effective the first full pay period following July 1, 2026, 3% COLA the first full pay period following July 1, 2027, 3% COLA effective the first full pay period following July 1, 2027, 3.5% COLA the first full pay period following July 1, 2028. Employee contribution towards health insurance of up to $30 per month for Employee + 1 coverage and up to $55 per month for Family coverage in each year of the MOU.
Increase monthly Peace Officers Standards & Training (POST) Certificates Compensation by $50/month effective the first full pay period following January 1, 2026, increase by $25/month effective July 1, 2027, increase by $50/month effective January 1, 2028, increase by $50/month effective January 1, 2029. Increase Uniform Allowance by $100/month effective the first full pay period following January 1, 2026, January 1, 2027, and January 1, 2028. Eliminate sick leave cashout for non-retiring employees at separation and increase hours to 320 to be eligible for sick leave sell back. Increase of Specialized Pay by $20/month effective the first full pay period following January 1, 2026, and January 1, 2027; by $30/month January 1, 2028; and by $20/month January 1, 2029.
Establish $75/month of Longevity Pay at 15 years; Increase 20 years to $325/month; establish 25 years at $425/month effective the first full pay period following January 1, 2026. Increase longevity Pay by $25/month effective the first full pay period following January 1, 2027, January 1, 2028, and January 1, 2029; any employee who reaches 15 years after January 2028 will receive non- pensionable match to a deferred compensation account.
Add Motors to receive On-Call Pay and clarify Call Back provisions. Provide 300 hours of Release Time per year for POA business. Increase Shift Differential pay by $10/month effective the first full pay period following January 1, 2026, January 1, 2027, January 1, 2028 and January 1, 2029. At the time of an employee’s subsequent separation from service, payments for unused sick leave (upon retirement only), vacation and holiday in the amounts,
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percentages, and schedules specified in the MOU shall be contributed to the employee’s 401(a) account.
Updated various language to clarify existing terms and to eliminate obsolete language.
SBPMA – Police Management
The San Bernardino Police Management Association (SBPMA) Memorandum of Understanding (MOU) new agreement term, if approved, will be July 1, 2025, through June 30, 2028, inclusive of the deal points noted below. 3% cost of living adjustment (COLA) effective the first full pay period following July 1, 2025, 2% COLA effective the first full pay period following January 1, 2026, 3% COLA effective the first full pay period following July 1, 2026, and 3% COLA the first full pay period following July 1, 2027.
Employee contribution towards health insurance of up to $10 per month for Employee Only coverage, $30 per month for Employee + 1 coverage, and up to $55 per month for Family coverage in each year of the MOU. Effective the first full pay period following July 1, 2026, increase Education pay by $50 per month for each Lieutenant who has obtained a Bachelor’s degree; and an additional $100 per month for a Graduate degree or higher. Each Captain and Assistant Chief who has a Graduate degree or higher shall receive an additional $100 per month. Effective the first full pay period following July 1, 2027, increase pay by $50 per month for each Lieutenant who has obtained a Bachelor’s degree; and an additional $100 per month for a Graduate degree or higher. Each Captain and Assistant Chief who has a Graduate degree or higher shall receive an additional $100 per month.
Effective the first full pay period following July 1, 2025, establish a Longevity 25- year level at $300 per month higher than the 20-year level. Increase both levels by $50 per month following July 1, 2026, and July 1, 2027. Eliminate sick leave cashout for non-retiring employees at separation except for those who leave with 20 years of service.
Increase annual Administrative Leave banks by 40 hours. Establish bilingual pay at $250 per month for up to 2 employees. Establish Physical Fitness Program in the amount of $250 per month provided to employees who pass required testing.
Updated various language to clarify existing terms and to eliminate obsolete language
As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
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2021-2025 Strategic Targets and Goals
Authorization of these agreements aligns with Key Target No. 2a: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
The Compensation and Benefits Plan with all Bargaining Groups will be funded by extending the approved hiring deferral for an additional five (5) months. Effective July 1, 2025, City Council approved a six-month hiring deferral estimated to realize $8m in salary and benefit savings. An additional five-month hiring deferral is expected to achieve an additional $6.8m in salary and benefit savings to cover the increased costs in compensation.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the Memorandum of Understanding (MOU) with the San Bernardino Police Officers’ Association (SBPOA) for Police Safety Employees; and
2. Approve the Memorandum of Understanding (MOU) with the San Bernardino Police Management Association (SBPMA) for Police Management Employees; and
3. Amend the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.
Attachments
Attachment 1 – SBPOA MOU
Attachment 2 – SBPMA MOU
Attachment 3 – City-wide Salary Schedule
Ward:
All Wards
Synopsis of Previous Council Actions:
July 16, 2025 The Mayor and City Council approved amending the City-wide salary schedule for General Unit, Middle Management, Police Dispatch and Management/Confidential classifications.
June 18, 2025 The Mayor and City Council Adopted Resolution No. 2025-309 amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.
February 1, 2023, The Mayor and City Council approved the Memorandum of Understanding between the City of San Bernardino and the San Bernardino Police Management Association
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November 16, 2022, The Mayor and City Council Adopted Resolution No. 2022-237, adopting the Compensation and Benefits Plan between the City of San Bernardino and the San Bernardino Police Management Association.
October 20, 2021, The Mayor and City Council adopted Resolution No. 2021-251, Approving the Memorandum of Understanding (MOU) Between the City of San Bernardino and Employees in the Police Safety group represented by SBPOA.
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POLICE SAFETY
EMPLOYEES
MEMORANDUM
OF
UNDERSTANDING
Made and Entered Into Between
The City of San Bernardino
And
The San Bernardino Police Officers’ Association
July 01, 2025, to June 30, 2029
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2 TABLE OF CONTENTS
Article/Section Title ___ NO.
Definition of Terms ..........................................................................................4 ARTICLE I Administration ............................................................................................. 6 Section 1 – Parties to MOU .............................................................................................. 6 Section 2 – Management Rights ...................................................................................... 6 Section 3 – Mutual Aid …………....................................................................................... 7 Section 4 – Employee Rights ........................................................................................... 7 Section 5 – Agency Personnel Rules & Uniform Policies ................................................. 7 ARTICLE II Employer-Employee Relations ................................................................... 8 Section 1 – Recognition/ Union Security .......................................................................... 8 Section 2 – No Strike ………............................................................................................. 8 Section 3 – Payroll Deduction ……………........................................................................ 9 Section 4 – Grievance Procedure ..................................................................................... 9 Section 5 – Employee Representatives ………............................................................... 12 Section 6 – Investigation Rights ……………...…………………....................................... 13 Section 7 – Non-Discrimination ...................................................................................... 14 Section 8 – Personnel Files ............................................................................................ 14 Section 9 – Political Activities ..........................................................................................14 Section 10 – Use of City Resources ................................................................................. 14 Section 11 – Prospective Lawsuits ................................................................................... 15 Section 12 – Notice of Administrative leave …………….................................................... 15 ARTICLE III Compensation ………………….................................................................. 15 Section 1 – Salaries........................................................................................................ 15 Section 2 – PERS/ Retirement ....................................................................................... 16 Section 3 – Overtime …………....................................................................................... 17 Section 4 – Assignment to Higher Position ..................................................................... 18 Section 5 – On-Call/ Call-Back/ Standby ........................................................................ 19 Section 6 – Educational Incentive .................................................................................. 20 Section 7 – Court Fines ………………………………....................................................... 21 Section 8 – Special Skills Pay ..…………….................................................................... 21 Section 9 – Longevity Pay ……………………………………............................................ 23 Section 10 – Assistant Watch Commander ...................................................................... 24 Section 11 – Release Time ……………............................................................................ 24 ARTICLE IV Fringe Benefits …………………................................................................. 25 Section 1 – Health/ Life Insurance – Active Employees .................................................. 25 Section 2 – Uniform Allowance ……………………………............................................... 27 Section 3 – Deferred Compensation …………………..................................................... 27 Section 4 – Safety Equipment ………………………………………………....................... 27
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3 ARTICLE V Leaves …………………............................................................................... 28 Section 1 – Pre-Petition Leave Banks ............................................................................ 28 Section 2 – Vacation ……............................................................................................... 28 Section 3 – Holidays ………............................................................................................ 30 Section 4 – Sick Leave ................................................................................................... 31 Section 5 – Payment for Unused Sick Leave .................................................................. 32 Section 6 – Retiring Members ........................................................................................ 33 Section 7 – Injury Leave …............................................................................................. 33 Section 8 – Military Leave …........................................................................................... 33 ARTICLE VI Working Conditions …………………......................................................... 34 Section 1 – Work Schedules ………................................................................................ 34 Section 2 – Shift Change ……......................................................................................... 35 Section 3 – Probationary Period ……….......................................................................... 36 Section 4 – Seniority ...................................................................................................... 36 Section 5 – Reemployment ............................................................................................ 36 Section 6 – Physical Examinations ................................................................................. 36 ARTICLE VII General Provisions …………………........................................................... 36 Section 1 – Term ………………………........................................................................... 36 Section 2 – Notice of Intent to Reopen ........................................................................... 37 Section 3 – Recruitment Obligations .............................................................................. 37 Section 4 – Severability ………………………………..……….......................................... 37 Section 5 – Entire Agreement and Waiver Clause ……………….…................................ 37 Section 6 – Prevailing Benefits ....................................................................................... 38 SIGNATURE PAGE ………………………………………….…………………………………. 39
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4 DEFINITION OF TERMS
Administration: Any elected or appointed official of the City and any employee of the City whose job classification is Management or Confidential employee.
Appointing
Authority: The Chief of the San Bernardino Police Department. In the Chiefs absence, the Assistant Chief will be the appointing authority.
Appropriate
Unit: Those positions recognized as belonging to the unit covered by the terms of this MOU.
Association: The San Bernardino Police Officers' Association (SBPOA).
Break in Service: Refers to a voluntary or involuntary separation from employment with the City or Department, as applicable. An authorized leave of absence does not constitute a break in service.
Chief: The Chief of Police of the City of San Bernardino.
City: The City of San Bernardino.
Continuous
Service: Five-sixths (5/6) of the available compensable days within the 12-month period immediately preceding the date of the employee’s return to service. 217 days for employees working 8-hour shifts and 173 days for employees working 10-hour shifts.
Department: The San Bernardino Police Department.
Division: Any one of the major Divisions of the Department.
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5 Employee: All Safety Personnel within the classifications in this appropriate unit.
Employee
Organization: The San Bernardino Police Officers’ Association (SBPOA).
Employer: Shall include the City of San Bernardino, and the City of San Bernardino Police Department.
Mandatory and
Permissive: “Shall” is mandatory, “may” is permissive.
Memorandum of
Understanding
(MOU): Shall mean the contractual obligation between the City and the employees of the Unit.
Singular and Plural: The singular also includes the plural.
Tense: The present tense shall also include the past and the future.
Years of
Employment: Shall include all full-time services for the City of San Bernardino unless otherwise stated
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6 ARTICLE I
ADMINISTRATION
Section 1 – Parties to Memorandum of Understanding
The Memorandum of Understanding is made and entered into by and between the City of San Bernardino ("City") and the San Bernardino Police Officers Association (“Association”), in accordance with Government Code Sections 3500 et seq.
Section 2 – Management Rights
This MOU shall not be deemed to limit or curtail the City in any way in the exercise of the inherent and express rights, powers and authority which the City has prior to entering into this MOU, except to the extent that the provisions of the MOU specifically curtail or limit such rights, powers and authority.
Furthermore, the City retains all rights, powers and authority under City Charter, Ordinances, Resolutions, State and Federal law, and expressly and exclusively to:
determine the mission of its constituent departments, commissions and boards; set standards of selection for employment and promotion; direct its employees;
establish and enforce dress and grooming standards;
maintain the efficiency of governmental operations;
determine the methods, means, numbers and kinds of personnel by which government operations are to be conducted;
determine the content and intent of job classifications; determine methods of financing;
determine style and/or types of City issued wearing apparel, equipment or technology to be used, provided that no such measures which threaten the safety of employees shall be adopted;
determine and change the facilities, methods, technology, means, organizational structure, size and composition of the work force and allocate and assign work by which the City operations are to be conducted, provided however, that no such measures which threaten the safety of employees shall be adopted; determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any work or operations of the City subject to all applicable meet and confer obligations; assign work to and schedule employees in accordance with requirements as determined by the City; and establish and change work schedules and assignments as set forth in the MOU;
establish and modify productivity and performance programs and standards; layoff, discharge, suspend, demote, reprimand, withhold salary increases and benefits, except such as are mandated by City Charter, or otherwise discipline
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7 employees in accordance with the applicable law;
establish employee performance standards, including but not limited to, quality and quantity standards;
take necessary actions and carry out its mission in emergencies; and, exercise complete control and discretion over its organization and the technology of performing its work.
The City shall be free to exercise its rights under this provision without negotiation or challenge from the Association or employees except where it can be demonstrated that such exercise is contrary to law or a specific limitation placed upon the City in another Article of this Agreement. The City’s failure to exercise any right, prerogative, or function reserved to it or the exercise of any such right, prerogative, or function in a particular manner, shall not be considered a waiver of the City’s ability to exercise such rights, prerogatives, or functions or preclude the City from exercising the same in some other manner.
Section 3 – Mutual Aid
Nothing herein shall in any way be construed to limit the use of any public safety agency or any member in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this article be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is indeed necessary or desirable by the jurisdictions or the agencies involved.
Section 4 – Employee Rights
Employees shall have all the rights, which may be exercised in accordance with state law, federal law, the Charter and applicable ordinances, resolutions, rules and regulations.
A. The right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer- employee relations.
B. The right to refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the City.
C. The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal by other employees, employee organizations, management or supervisors as a result of their exercise of rights indicated in (A) and (B) above.
Section 5 – Agency Personnel Rules and Uniform Policies It is understood and agreed that there exists within the City the “Civil Service Rules and Regulations for the Classified Service”; Resolution No. 10584, Establishing Uniform and Orderly methods of Communications Between the City and its Employees for the Purpose of
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8 Promoting Improved Employer-Employee Relations, as amended, and Resolution No. 10585, Adopting Rules and Regulations Relating to Employer Employee Relations, as amended.
These documents will continue in effect, except for those provisions modified by the City Council in accordance with any applicable state or federal laws, orders, regulations, official instructions or policies. In the case of proposed changes by other than agreement, the City shall consult with the Association or meet and confer when required by statute. In cases of emergency, the Association and City will meet as soon as possible after the changes. In addition, the Association shall have the right to meet and consult with the City on any relevant employment Uniform Policies the City proposes to implement.
ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
Section 1 – Recognition/ Union Security
The City hereby acknowledges that the Teamsters Local 1932 has been and is recognized by the City as the exclusive representative for the Middle Management Unit employees for purposes of meeting and conferring on wages, hours, and other terms and conditions of employment and for all other matters related to employer-employee relations for these purposes.
The granting of "exclusive" recognition shall not preclude employee self-representation in matters where individual rights, protections and concerns are involved such as grievances and disciplinary matters; provided however, the representation rights of the Union as exclusive representative shall not be compromised thereby.
Section 2 – No Strike
It is the purpose of this MOU for the parties hereto, to confirm and maintain the spirit of cooperation, which has existed between the City of San Bernardino and the employees of the City. It is recognized that adequate dispute resolution procedures exist to resolve differences and that any work disruptions are unproductive to City operations and services provided to its citizens. The Union and the City agree that they shall at no time in any way jeopardize the public health, welfare and safety of the City's business and residential communities. Thus, the Union and the City will strive to promote a harmonious relationship between the parties to this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Union shall not, on behalf of itself and its members, individually or collectively, support or sanction or engage in any curtailment or restriction of work. Should any curtailment or restriction of work take place, paid leave benefits (sick leave, vacation, etc.) will not be available during such periods of time. The parties shall endeavor to discourage any such work disruptions or curtailment and shall make affirmative efforts to return employees to their jobs in the event that any such work disruption occurs.
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9 Section 3 – Payroll Deduction
It is agreed that the Association membership dues, insurance and premiums for plans sponsored by the Association shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made to the Association within 30 days after the conclusion of the month in which said membership dues and insurance premiums were deducted.
The Association acknowledges that it has and will continue to comply with all applicable requirements and laws pertaining to dues and other deductions. The City shall not be liable to the Association, employees or any other persons, financial or otherwise, by reason of the requirements of this section for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Association shall indemnify, defend and hold the City harmless from any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of, or by reason of, action taken by the City under this section.
Section 4 – Grievance Procedure
Purpose. The City of San Bernardino and the Association realize the importance of a viable grievance procedure to aid in the resolution of disputes among employees, supervisors and management. It is recognized that to maintain high employee morale and harmonious relations, an orderly method of processing grievances is necessary.
This procedure is intended to establish a systematic means to process a grievance and to obtain fair and proper answers and decisions regarding employee complaints. The representative of employees and management at all levels will make continuing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process.
The initiation of a grievance in good faith by an employee shall not cast any adverse reflection on their standing with their supervisors or their loyalty as a City employee, nor be a reflection on the employee’s supervisor or the department involved, unless it is determined that such department or supervisor has grossly abused management discretion or the employee has grossly abused the grievance process.
A. Definition. A grievance is an alleged violation of the terms of this MOU or of the application of any laws, ordinances, practices, resolutions or regulations concerning or affecting wages, hours or other conditions of employment except as excluded in the following paragraph. The remedy selected by the employee shall be the sole and exclusive remedy pursued, either through the grievance procedure or through appeals to the Personnel Commission, as may be applicable. However, nothing herein shall
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10 be interpreted as relinquishment of the rights set forth in City of San Bernardino Charter Sections 253, 254, and 255.
Additionally, allegations of discrimination and harassment shall be submitted to the Equal Employment Officer. Alleged violations of the Employer-Employee Relations Ordinance shall be processed through the procedure contained therein.
B. Representation. The aggrieved employee shall have the right to be represented. This representation may commence at any step in the grievance procedure. Legal counsel and/or official representatives of the recognized employee organization only can represent the employee. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless they so desire. If the employee’s legal counsel is not from the formally recognized employee organization, a representative of that formally recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of the MOU.
C. Consolidation of Grievances. In order to avoid the necessity of processing numerous similar grievances at one time, a single grievance may be filed or multiple grievances may be consolidated into a single grievance.
D. Time Limits. Time limitations are established to settle a grievance quickly. Time limits may be modified by agreements of the parties. If at any stage of the grievance procedures the grievant is dissatisfied with the decision rendered, it shall be the grievant’s responsibility to initiate the action, which submits the grievance to the next level of review. The grievant may proceed to the next step if a reviewing official does not respond within the time limits specified. A formal grievance may be entertained in or advanced to any step if the parties jointly so agree.
E. Steps in the Grievance Procedure. The procedures outlined herein constitute the informal and formal steps necessary to resolve an employee’s grievance. An attempt to settle the grievance in the informal structure at the employee-supervisor level is required. The grievance must be submitted to the informal step as soon as possible but in no event later than within thirty (30) working days of the incident causing the grievance or the grievant becoming aware of the event or act giving rise to the grievance. When a grievance is filed by (1) the Association (as opposed to an individual), or (2) the matter complained of originated at the Police Chief’s level, the initial grievance shall be filed at Step 3, directly with the Chief of Police. If the grievance alleges a violation of law, a City uniform policy, ordinance, or resolution, the grievance shall be filed with the Human Resources Director.
Note. If the employee chooses to appeal disciplinary action to the Personnel Commission, they shall be precluded from filing a grievance or any other parallel appeal. The filing of a lawsuit during the grievance process shall automatically terminate the further processing of the grievance.
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11 The date and the subject of the incident should be provided with the request for the informal meeting.
1. Informal. Initially, the grieving employee shall on a personal face-to-face basis discuss their complaint with their immediate supervisor informally.
Within fifteen (15) calendar days, the supervisor shall give their decision to the employee orally.
2. Formal.
Step 1. Written Grievance to Supervisor. If a mutually acceptable solution has not been reached in the informal process, the employee shall submit the grievance in writing to their immediate supervisor. This must be accomplished within fifteen (15) calendar days of being informed of the supervisor’s informal decision. Within fifteen (15) working days of receiving the written notification of the employee’s grievance, the supervisor may meet with the employee and thoroughly discuss the grievance. The employee may appear personally and may be represented by a representative of their choice. In any event, the supervisor shall give a written decision to the employee within fifteen (15) calendar days after receipt of the written grievance.
Step 2. Meet with Division Head. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendar days to the division head, who may follow the steps outlined in Step 1 above. In any event, the division head shall give a written decision to the employee within fifteen (15) calendar days after receipt of the grievance.
Step 3. Meet with Chief. If the grievance has not been satisfactorily resolved at this level, it may be appealed fifteen (15) calendar days to the Chief, who may follow the steps outlined in Step 2 above. In any event, the Chief shall give a written decision to the employee within ten (10) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendar days to the Director of Human Resources.
Step 4. Review by the Director of Human Resources. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within fifteen (15) calendar days from the date of delivery of said answer. The Director of Human Resources or their designee shall meet with the employee, and if the employee desires, the designated union representative within fifteen (15) calendar days after receipt of the appeal. The designated City representative shall deliver their answer in writing to the employee within fifteen (15) calendar days after the meeting.
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12 Step 5. Final Step.
a. If the grievance is still not adjusted, the aggrieved party, with the agreement of the Association, may file a written appeal with the City Manager or their designated representative within fifteen (15) calendar days from the date of delivery of said answer stating in writing the facts and basis of the complaint and the desired result.
b. The grievance shall then be heard by a neutral hearing officer selected by the Parties from a list provided by the State Mediation and Conciliation Service whose decision shall be advisory to the City Manager. Grievances shall only be advanced to advisory arbitration with the agreement of the Association. The cost for hearing all grievances advanced to an advisory arbitration hearing shall be split equally between the City and Association, including any cancellation fee if both parties are mutually responsible, otherwise the party responsible shall pay the entire cancellation fee
c. The City Manager or their designated representative shall deliver their answer in writing within fifteen (15) calendar days after receipt of the hearing officer’s advisory decision.
d. The decision of the City Manager or their designated representative is final and binding on all parties, unless reversed by a court decision.
e. All grievances shall be treated as confidential, and no publicity will be given the final resolution of the grievances.
Section 5 – Employee Representatives
When requested by an employee, a Job Representative (Job Rep) may investigate any alleged grievance in the department and assist in its presentation. The representative shall be allowed reasonable time therefore during working hours without loss of time or pay, upon notification and approval of their immediate supervisor, with the concurrence of the division or department head. The privilege of a Job Rep to leave work during work hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation of overtime. Job Reps will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Rep will not be granted time off or compensation for the purpose of handling grievances outside this unit. The Association shall notify the City of the names of each Job Rep each January. The City shall recognize a ratio of one (1) Job Rep for every 50 permanent
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13 employees in the unit, but not less than five (5). Job Reps shall include: One (1) from Detective Bureau; three (3) from Patrol; one (1) from MET/Traffic; and, one (1) from Narcotics.
Section 6 – Investigation Rights
When an employee is under investigation and subjected to interrogation by their commanding officer or any other member of the department, which could lead to punitive action, such interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action is defined as any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer for purposes of punishment.
The Police Department will make a good faith effort to conclude within 90 calendar days any investigation that could lead to discipline of a unit member.
For disciplinary appeals, the member may request that a neutral hearing officer hear the matter and submit a proposed decision to the City’s Personnel Commission. The Commission shall review the decision and recommended discipline, and either adopt the findings and the disciplinary action in its entirety, modify the recommended disciplinary action, and/or request additional findings from the hearing officer. The Commission shall retain jurisdiction of final disposition of the disciplinary action.
The Police Department will exclude disciplinary action, which is not final in preparing performance evaluations. However, the Police Department retains the right to consider such disciplinary action, once finalized, in subsequent performance evaluations, ratings for promotions and so forth.
If an employee on the graveyard shift wishes to appeal a disciplinary action to the Personnel Commission, the employee’s shift may be rescheduled to the day shift on the date of the Personnel Commission meeting, provided that the shift change is for the disciplined employee only and the employee requests the shift change in advance through the chain of command.
The City hereby adopts and incorporates herein by reference all provisions of the Public Safety Officers’ Procedural Bill of Rights (Government Code Section 3300, et. seq.).
Lawful Exercise of Rights; Insubordination; Administrative Appeal.
A. No employee shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment because of the lawful exercise of the rights granted herein or the exercise of any rights under any existing administrative grievance.
Nothing in this section shall preclude a head of an agency from ordering an employee to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge them with insubordination.
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14 B. No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency without providing the employee with an opportunity for administrative appeal.
Section 7 – Non-Discrimination
Neither the City nor the Association shall unlawfully discriminate against any employee because of race, color, ancestry, sex, sexual orientation, age, physical or mental disability, medical condition, national origin, political, religion, or any other basis as required by federal, state, or local law.
Section 8 – Personnel Files
No member shall have any comment adverse to their interest entered in their personnel file as described in PC 832.8, or any other files used for any personnel purposes by the employer, without the member having first read and signed the instrument containing the adverse comment indicating they are aware of such comment, except that such entry may be made if after reading such instrument, the member refuses to sign it. Should a member refuse to sign, that fact shall be noted on the document and signed or initialed by such officer.
A member shall have 30 days within which to file a written response to any adverse comment entered in their personnel file. Such written response shall be attached to and accompany the adverse comment.
In all instances other than a written warning or commendation, the consultation reports will be purged from the supervisor’s file in compliance with departmental standard operating procedures. Citizen/internal complaints will be purged from the Internal Affairs files in compliance with the departmental Standard Operating Procedures.
Section 9 – Political Activities
Except as otherwise provided by law or whenever on duty or in uniform, no employee shall be prohibited from engaging in or be coerced or required to engage in political activity.
Section 10 – Use of City Resources
The Association may be granted permission to use department facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use facilities must be obtained by the Association from the Chief or a designated representative. The Association shall be held fully responsible for any damages to and the security of any facility that is used by the Association.
The department will furnish adequate bulletin board space where currently available. Only areas designated by the appointing authority may be used for posting of notices. Bulletin boards may be used for the following notices.
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15 A. Scheduled Association meetings, agenda and minutes; B. Information on Association elections and results;
C. Information regarding Association special, recreational and related bulletins; D. Reports of official business of the Association, including reports of committees or the Board of Directors;
E. MOU, pay scales, job announcements, promotion lists, etc.
Such other items as may be approved by the department management upon request of the department.
Posted notices shall not be obscene or defamatory, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized representative of the Association and should have prior written approval of the Chief or an authorized representative. Denial of approval shall not be arbitrary or capricious or discriminatory.
Section 11 – Prospective Lawsuits
The Association and City agree that prior to filing a lawsuit, they shall notify the other party of their intent and shall meet within thirty (30) days to attempt resolution of the matter in question with the intent of reaching a mutually acceptable solution.
Section 12 – Notice of Administrative Leave
The Association and City agree that notice shall be given to the POA by the Police Department the same day that an Association member is placed on administrative leave, or as soon as reasonably possible thereafter.
ARTICLE III
COMPENSATION
Section 1 – Salaries
Effective the first full pay period following August 1, 2025, the salary ranges for all unit members shall be increased by three percent (3%) to reflect a cost-of-living increase (COLA).
Effective the first full pay period following January 1, 2026, the salary ranges for all unit members shall be increased by two and twenty hundredths of a percent (2.2%).
Effective the first full pay period following July 1, 2026, the salary ranges for all unit members shall be increased by three percent (3%).
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16 Effective the first full pay period following July 1, 2027, the salary ranges for all unit members shall be increased by three percent (3%).
Effective the first full pay period following July 1, 2028, the salary ranges for all unit members shall be increased by three and one half percent (3.5%).
Section 2 – PERS/ Retirement
A. Retirement Benefits. SBPOA members are provided retirement benefits under the Public Employee’s Retirement System (CalPERS) as follows.
Tier I: Employees hired prior to September 1, 2011 shall receive a 3% @ 50 retirement benefit;
Tier II: CalPERS "Classic Members": hired on or after September 1, 2011 shall receive a 3% @ 55 retirement benefit;
Tier Ill: CalPERS "New Members" hired on or after January 1, 2013 and December 31, 2015 shall receive a 2.7% @ 57 retirement benefit in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA);
Tier IV: CalPERS “New Members” hired on or after January 1, 2016 shall receive a
2.5% @ 57 retirement benefit in accordance with PEPRA.
B. Required Bargaining Unit Member Contributions.
CalPERS classic members shall contribute 12% of compensation earnable as member contributions toward their retirements.
CalPERS “new members” shall contribute member contributions of 50% of the normal costs in accordance with Government Code § 7522.30.
C. In accordance with Government Code § 21624 and § 21635, the “post survivors retirement” benefit provided under the City’s contract with CalPERS shall be provided to all employees.
D. For Tier I and Tier II employees, the final compensation period will be single highest year as provided under the City’s contract with CalPERS.
Section 3 – Overtime
A. Policy. It is the policy of the City to discourage overtime, except when necessitated by abnormal or unanticipated workload situations. The City has the right to require overtime to be worked as necessary. Consistent with this policy, the Chief will make every effort to assign overtime evenly among the employees with similar skills or
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17 assignments.
B. Definition. Overtime is defined as all compensable hours in excess of the regularly scheduled workday or 40 hours per week. All overtime shall be reported in increments of 15 minutes and is non-accumulative and non-payable when incurred in units of less than 15 minutes.
Notwithstanding the above, for those employees assigned to work a 3/12.5 weekly work schedule, overtime shall be defined as:
All compensable hours in excess of 160 hours in a 28-day period, hereby adopted in accordance with Section 7(k) of the Fair Labor Standards Act, or All compensable hours in excess of an employee’s regularly scheduled workday except that in those weeks in which the employee is scheduled to work the 10- hour shift, overtime shall be paid for compensable hours in excess of 47.5 hours.
For payroll purposes, employees assigned to work a 3/12.5 weekly work schedule will be paid bi-weekly, with the 28-day work period being divided into two 14-calendar day pay periods: one pay period shall include 75 scheduled hours and the other 14- day calendar day pay period shall include 85 scheduled hours.
C. Compensation. An employee who works overtime authorized by the department shall be compensated at time-and-a-half. Payment for overtime shall be made on the first regular payday following the pay period in which overtime is worked, unless overtime compensation cannot be computed until some later date, in which case, overtime will be paid on the next regular payday after such computation can be made. The employee may decide that they be paid for the overtime or accumulate such overtime at time-and-a-half. Such determination must be made at the time the employee submits the overtime slip. Overtime compensation for details or assignments outside the normal budgetary process or that are funded through grant funds shall be compensated in cash. Payment for unused accumulated overtime shall be made upon termination, retirement or paid to the survivor upon death of the employee.
Accumulated overtime, placed in a compensatory time bank, shall not exceed 240 hours.
D. All accumulated compensatory time shall be paid to a unit member upon promotion of the member.
Requests for use of accumulated overtime made fourteen (14) days in advance of the time requested, will be granted unless a public safety issue or serious deployment issue arises.
E. Daylight Savings Time. Employees required to work during daylight savings time when their shift is extended by one (1) hour (clocks are turned back one (1) hour) will not be
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18 compensated for that hour.
Employees required to work when their shift is reduced by one (1) hour (clocks are turned forward one (1) hour) will not be deducted one (1) hour of compensation time.
If employees are required to work beyond their standard end of shift, employees will be compensated at their normal overtime rate.
F. SBPOA members who work special events where the City has contracts with third parties to provide public safety services and where the third parties pay for the cost of such labor services shall be entitled to be paid an overtime rate of two times the member’s regular rate of pay provided the third party agrees. Such costs may include costs associated with workers’ compensation coverage, Medicare, CalPERS contributions and other expenses required by the SBPOA Memorandum of Understanding. The City and the SBPOA acknowledge that under no circumstance shall this provision result in any additional cost to the City.
G. To be eligible for double time for work performed under such third-party contracts, the third party must agree in writing to indemnify the City against all liabilities and injuries incurred solely from the event, event management, or as a result of actions of event staff.
H. Special Event shall mean any short-term event of less than 30 days where the services provided are outside of the normal scope of duties of the SBPOA as to providing routine police services to the City of San Bernardino. Special Events shall not include long-term contracts with third parties to provide services for more than 30 days.
Special Events shall not include contracts with third parties who are non-profit organizations.
I. Double time shall mean an increase in pay equal to two times the current regular rate of pay for the individual member assigned to the special event.
Section 4 – Assignment to Higher Position
An employee of the department temporarily acting in a position in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten (10) consecutive days shall receive the same step for the higher classification (e,g., 5th step detective would be paid 5th step sergeant) or 5% above their current compensation, whichever is greater. In no event shall the base salary exceed the top step of the higher classification in which the employee is acting. The Chief shall certify monthly as to the assignment and the period of time worked in the higher rank to validate entitlement to the higher salary.
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19 Substantive addition of duties of a higher-level classification to an employee’s budgeted position should be considered for a classification study.
Employees in the Police Officer classification who are assigned as a Field Training Officer for one week or longer shall receive Field Training Officer pay. Such pay shall be equal to the difference between the top step of the Police Officer classification and the top step of the Detective/Corporal classification.
Section 5 – On-Call/Call-Back/Standbv
On-Call. All members are subject to being placed on-call at the direction of the Chief or designee for any civil unrest, natural disaster or investigation. An employee placed in an "on- call" status by Police Management will receive four (4) hours pay for all or any portion of a 24-hour day. On-call status shall start at the end of the employee's scheduled workday and at 0800 hours for employees on a scheduled day off.
A. Four (4) personnel will be placed in an on-call status for the purpose of homicide investigations. These personnel, consisting of three (3) investigators and one (1) supervisor, will be compensated with one (1) hour of overtime, equal to time-and-a- half of their current rate of pay. Periods of time for on-call will be established by the department to coincide with the needs of the investigations division.
Effective the first full pay period following August 1, 2025, each assigned unit member (4 total) of the Motors division who are placed on-call shall be compensated at time- and-a-half for each day they are placed on call, equivalent to 10 ½ hours of straight time per week.
Employees placed on-call are expected to remain available, be fit for duty, and respond in accordance with department requirements.
Whether or not the time an employee is on-call need be counted as compensable working time depends upon the employee's freedom while on-call, as defined by the Fair Labor Standards Act (FLSA).
B. Call-Back. For all unit members (other than Homicide or Motors personnel noted above), compensation for those called back after the end of their scheduled workday or for non-emergency situations on a day off (e.g. to correct a report) will be a one (1) hour minimum at time-and-a-half, as applicable.
Employees called back on an unanticipated, unscheduled basis on their scheduled day off for emergency situations (civil unrest, investigation, natural disaster) shall be eligible for a minimum of 3 hours of pay at the applicable rate (generally at 1.5x times).
This minimum shall only apply if the employee works less than three (3) hours. If an employee is called back under these conditions and work more than three (3) hours they shall be compensated for all hours actually worked at the appropriate rate.
C. Standby. In the event an employee is placed on standby for a court subpoena, the
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20 employee will receive three (3) hours' standby pay. If the employee is called to court and does not go beyond 1200 hours in that day, it will be considered part of the three (3) hours' standby. If the employee has to appear after the noon recess, any additional time will be added to the three (3) hours' standby. In cases where the subpoena is for 1330 hours or another time, the standby will start with the time stated on the subpoena.
In those cases where the subpoena is for 1330 or later, the employee's time will be computed at the amount of time between the time of the subpoena and 1700.
Employees will receive a half-hour (1/2) travel time for going to court.
If an employee works graveyard shift and has an 8. 00 a.m. court appearance; the employee will receive overtime pay for a minimum of one (1) hour. For all hours worked in excess of the one (1) hour, employees will receive overtime pay for actual time worked.
In the event the employee is required to pay parking fees, the employee will be reimbursed. If employees are required to stay through noon recess, they will be paid for the actual time worked.
Section 6 – Educational Incentive
All police officers shall be entitled to receive in addition to their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below.
A. Two hundred dollars ($200) additional compensation per month shall be paid each police officer who has obtained a Peace Officer Standards Training (POST) Intermediate Certificate. Effective the first full pay period following January 1, 2026, the amount will be increased to two hundred and fifty dollars ($250). Effective the first full pay period following January 1, 2027, the amount will be increased to two hundred and seventy-five dollars ($275). Effective the first full pay period following January 1, 2028, the amount will be increased to three hundred and twenty-five dollars ($325).
Effective the first full pay period following January 1, 2029, the amount will be increased to three hundred and seventy-five dollars ($375); or, B. Seven hundred dollars ( $700) additional compensation per month shall be paid each employee who has obtained a POST Advanced Certificate. Effective the first full pay period following January 1, 2026, the amount will be increased to seven hundred and fifty dollars ($750). Effective the first full pay period following January 1, 2027, the amount will be increased to seven hundred and seventy-five dollars ($775). Effective the first full pay period following January 1, 2028, the amount will be increased to eight hundred and twenty-five dollars ($825). Effective the first full pay period following January 1, 2029, the amount will be increased to eight hundred and seventy-five dollars ($875); or,
C. Seven hundred and twenty-five dollars ( $725) additional compensation per month shall be paid to each employee who has obtained a POST Supervisory Certificate.
Effective the first full pay period following January 1, 2026, the amount will be
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21 increased to seven hundred and seventy-five dollars ($775). Effective the first full pay period following January 1, 2027, the amount will be increased to eight hundred dollars ($800). Effective the first full pay period following January 1, 2028, the amount will be increased to eight hundred and fifty dollars ($850). Effective the first full pay period following January 1, 2029, the amount will be increased to nine hundred dollars ($900).
Section 7 – Court Fines
The City shall pay for court fines imposed upon each member as a result of their conviction of a traffic violation when such employee was directed to operate any faulty vehicle or vehicular equipment, which was the proximate cause of the mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the member.
Section 8 – Special Skills Pay
A. Bilingual Pay. Effective the first full pay period following each full-time employee who passes the City's bilingual proficiency exam shall be compensated as follows:
$171/month for police officers, $213/month for detectives/corporals and $241/month for sergeants. The City shall reserve the right to determine languages for which testing will be conducted.
B. Canine Pay. Effective the first full pay period following January 1, 2026, those assigned to Canine (Handlers and Coordinator) shall be paid a special assignment pay of $362/month for police officers, $446/month for corporals/detectives and $506/month for sergeants. Effective the first full pay period following January 1, 2027, Canine Handlers and Coordinator shall be paid a special assignment pay of $382/month for police officers, $466/month for corporals/detectives and $526/month for sergeants. Effective the first full pay period following January 1, 2028, Canine Handlers and Coordinator shall be paid a special assignment pay of $412/month for police officers, $496/month for corporals/detectives and $556/month for sergeants.
Effective the first full pay period following January 1, 2029, Canine Coordinators shall be paid a special assignment pay of $432/month for police officers, $516/month for corporals/detectives and $576/month for sergeants.
C. Motors Pay. Motors shall be paid a special assignment pay of $342/month for police officers, $426/month for detectives/corporals and $486/month for sergeants.
D. SWAT Pay. Effective the first full pay period following January 1, 2026, members of the SWAT team shall be paid a special assignment pay of $191/month for police officers, $233/month for detectives/corporals and $261/month for sergeants. Effective the first full pay period following January 1, 2027, members of the SWAT team shall be paid a special assignment pay of $211/month for police officers, $253/month for detectives/corporals and $281/month for sergeants. Effective the first full pay period following January 1, 2028, members of the SWAT team shall be paid a special assignment pay of $241/month for police officers, $283/month for detectives/corporals
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22 and $311/month for sergeants. Effective the first full pay period following January 1, 2029, members of the SWAT team shall be paid a special assignment pay of $261/month for police officers, $303/month for detectives/corporals and $331/month for sergeants.
E. Mounted Unit Pay. Effective the first full pay period following January 1, 2026, employees in the Mounted Unit shall be paid a special assignment pay of $191/month for police officers, $233/month for detectives/corporals and $261/month for sergeants.
Effective the first full pay period following January 1, 2027, employees in the Mounted Unit shall be paid a special assignment pay of $211/month for police officers, $253/month for detectives/corporals and $281/month for sergeants. Effective the first full pay period following January 1, 2028, employees in the Mounted Unit shall be paid a special assignment pay of $241/month for police officers, $283/month for detectives/corporals and $311/month for sergeants. Effective the first full pay period following January 1, 2029, employees in the Mounted Unit shall be paid a special assignment pay of $261/month for police officers, $303/month for detectives/corporals and $331/month for sergeants.
Members of the Mounted Unit participating in special events (e.g. raves) shall be paid four (4) hours per deployment for horse maintenance, transportation, and readiness.
This time shall be accounted for as two (2) hours at the beginning of each deployment and two (2) hours at the conclusion of each deployment.
F. Drone Pay. Effective the first full pay period following January 1, 2026, employees assigned to Drone operations shall be paid a special assignment pay of $100/month for police officers, detectives/corporals and sergeants.
G. Shift Differential Pay. Effective the first full period following January 1, 2026, employees whose regularly assigned work shift starts at 5 p.m. or later, shall be paid shift differential pay of $181/month for police officers, $223/month for detectives/corporals and $251/month for sergeants. Effective the first full pay period following January 1, 2027, the amount will increase to $191/month for police officers, $233/month for detectives/corporals and $261/month for sergeants. Effective the first full pay period following January 1, 2028, the amount will increase to $201/month for police officers, $243/month for detectives/corporals and $271/month for sergeants.
Effective the first full pay period following January 1, 2029, the amount will increase to $211/month for police officers, $253/month for detectives/corporals and $281/month for sergeants.
Section 9 – Longevity Pay
Effective July 1, 2024, each employee with twenty (20) or more years of service to the City shall receive longevity pay of two hundred sixty-eight dollars ($268) per month.
Classic Members. Effective the first full pay period following January 1, 2026, each member with fifteen (15) years of completed service will receive $75 per month; each member with
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23 twenty years of completed service will receive $325 per month; and each member with twenty-five years of completed service will receive $425 per month. This provision is to be phased out upon the retirement or separation from service of the last remaining eligible classic (Pre-PEPRA) member.
Effective the first full pay period following January 1, 2027, each member with fifteen (15) years of completed service will receive $100 per month; each member with twenty years of completed service will receive $350 per month; and each member with twenty-five years of completed service will receive $450 per month.
Effective the first full pay period following January 1, 2028, each member with fifteen (15) years of completed service will receive $125 per month; each member with twenty years of completed service will receive $375 per month; and each member with twenty-five years of completed service will receive $475 per month.
Effective the first full pay period following January 1, 2029, each member with fifteen (15) years of completed service will receive $150 per month; each member with twenty years of completed service will receive $400 per month; and each member with twenty-five years of completed service will receive $500 per month.
PEPRA members. Effective the first full pay period following January 1, 2028, a matching contribution on a 1-for-1 basis to a 457 (b) deferred comp plan will become effective when PEPRA Members (hired on or after January 1, 2013) become eligible. The City contribution given to each unit member will be up to the following matching amounts, only if the qualifying PEPRA member is making the same contributions to their 457 (b) account:
fifteen years of completed service will receive up to $125 per month; or twenty years of completed service will receive up to $375 per month; or twenty-five years of completed service will receive up to $475 per month.
Effective the first full pay period following January 1, 2029, the City contribution given to each unit member will be up to the following matching amounts, only if the qualifying PEPRA member is making the same contributions to their 457 (b) account:
fifteen years of completed service will receive up to $150 per month; or twenty years of completed service will receive up to $400 per month; or twenty-five years of completed service will receive up to $500 per month.
Section 10 – Assistant Watch Commander
The Assistant Watch Commander position will be appointed at the discretion of the Chief of Police; they must meet the minimum qualifications established in the Lexipol Policy 1028.3.1.
The position will be for a period of one year unless otherwise reappointed; the employee can be selected to serve as Assistant Watch Commander more than once. The Assistant Watch
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24 Commander will serve under the discretion of the Assistant Chief. Compensation shall be $500 a month.
The Assistant Watch Commander position duties include: to serve as a lead over the unit, proactively identify and resolve customer service concerns, respond to employee complaints and/or conflicts, daily briefing training, incident command, addressing intra-agency quality control issues, demonstrate initiative in issue-spotting and problem-solving, effectively mediate and resolve conflict and ascertain potential problems in order to mitigate.
The individual in the Assistant Watch Commander position will be required to fulfill the above duties regularly and consistently through the term of the position.
Section 11 – Release Time
Effective following Council approval of the MOU, the POA shall be granted up to 300 hours of release time during regularly scheduled work hours to conduct union business and engage in union activities to include attending training, union functions, conferences, meetings, and grievance investigations. Meeting and conferring or attendance at Board meetings and representational meetings (e.g. investigatory interviews, grievance meetings) with department or City representatives shall not be counter against these hours.
Release time shall not be used for fundraising, lobbying, other political activities, any activity that is not permitted by law or policy, or to pursue any action against or which discredits or does not align with the City’s interests.
Release time hours shall not be considered hours worked for purposes of calculating overtime pay. The department may deny requests that would result in overtime or minimum staffing not being met. Approval of release is subject to reasonable advance notice.
Release time has no cash value and expires at the end of the Fiscal Year (no carryover of hours).
City and department policy apply during release time. The City shall not be responsible for the conduct of any activities while on release time and the Association shall indemnify and hold the City harmless.
ARTICLE IV
FRINGE BENEFITS
Section 1 – Health/Life Insurance - Active Employees
A. During the term of this agreement the City’s Contributions for Healthcare benefits shall be as follows:
The amount of the City’s contribution is based on the selection of the “medical” enrollment category. If an employee elects “employee only” medical coverage, then
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25 the “employee only” allowance is given to the employee. Any contribution not utilized by the employee shall revert to the City.
The City’s monthly contributions towards employees’ cafeteria benefits shall be as follows: $738.00 for employee only, $1,450.00 for employee plus one and $1,939 for Family coverage.
Employee Only Coverage. Effective at the beginning of the next health insurance premium adjustment following July 1, 2025, and each premium adjustment annually thereafter, the City shall continue to pay up to 100% of the cost of Employee Only coverage for the lowest cost plan (currently Kaiser) for the duration of the MOU. The City shall continue to contribute the amount of the lowest cost plan towards health premiums for employees who choose a higher cost plan for Employee Only coverage.
The employee shall continue to be responsible for paying the difference in premium costs for the higher cost plan.
Employee Plus One Coverage. Effective at the beginning of the next health insurance premium adjustment following July 1, 2025, and each premium adjustment annually thereafter, employees enrolled in Employee Plus One coverage shall pay up to the first $30 per month in premium increase of the lowest cost plan (currently Kaiser) each year that this Resolution is in effect. The same amount of increase shall apply each year to employees who choose the higher cost plan. That is, employees who choose the higher cost plan for Employee +1 coverage shall also pay the same amount of increase, up to the maximum $30 per year increase, as employees in the lowest cost plan, in addition to any difference in cost between the higher cost plan and the lowest cost plan they are currently contributing.
Employee Plus Family Coverage. Effective at the beginning of the next health insurance premium adjustment following July 1, 2025, and each premium adjustment annually thereafter, employees enrolled in Employee Plus Family coverage shall pay up to the first $55 per month in premium increases of the lowest cost plan each year that this Agreement is in effect. The same amount of increase each year shall apply to employees who choose the higher cost plan. That is, employees who choose the higher cost plan for Employee +1 coverage shall also pay the same amount of increase, up to the maximum $55 per year increase, as employees in the lowest cost plan in addition to any difference in cost between the higher cost plan and the lowest cost plan they are currently contributing.
B. Insurance benefits available for purchase by employees include: medical, dental, vision, supplemental life and accidental death and dismemberment insurance.
However, City contributions cannot be used for any voluntary benefits offered to members through Colonial Life.
C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A above.
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26 D. Employees may use any of the amounts described in Section A to purchase any/all of the insurance benefits described in Section B.
E. The City shall provide each employee with $25,000 term life insurance and $25,000 Accidental Disability and Dismemberment (AD&D).
F. The City shall pay funeral expenses of up to $10,000 for a police officer killed in the line of duty.
G. Enrollment in City insurance plans is subject to the regulations availability established by each plan’s provider.
H. An employee who does not want to enroll in any health care plan offered by the City must provide evidence of health care insurance coverage and execute a “Waiver of Benefits and Release Agreement” releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. Employees who elect to waive the City’s health care insurance may receive a stipend of $2,500 on the first pay period in December. Employees must be employed through the end of the last payroll period in November to qualify for this benefit. Unless hired during the benefit year, employees must participate in the program for the full 12 months to receive the full stipend. Employees on payroll on November 30th who were hired during the benefit year and did not work the entire 12-month period shall earn the stipend on a pro-rata basis. Employees who waived insurance benefits during Open Enrollment, but later requested to enroll in benefits prior to November 30th, will not be eligible for any portion of the stipend. Employees who elect to drop coverage mid-year are not eligible to participate in the stipend program.
I. The SBPOA agrees to participate in the City’s Joint Labor-Management Health Benefits Committee (“Committee”) to evaluate, on an annual basis, City-wide plan designs for health care. All plan designs and City contributions shall be effective on January 1st annually.
J. Employees must be in a paid status for fifteen (15) consecutive days, in any given month, to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit continuation under applicable State or Federal law. Members who have been suspended or discharged pending an administrative appeal shall be eligible for continuation of benefits pending final disposition of the disciplinary matter by the Personnel Commission.
Section 2 – Uniform Allowance
Uniform Allowance. Each employee in the bargaining unit shall receive an annual uniform allowance of $950. Effective the first full pay period following January 1, 2026, each employee in the bargaining unit shall receive an annual uniform allowance of $1,050. Effective the first
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27 full pay period following January 1, 2027, each employee in the bargaining unit shall receive an annual uniform allowance of $1,150. Effective the first full pay period following January 1, 2028, each employee in the bargaining unit shall receive an annual uniform allowance of $1,250. Such uniform allowance shall be paid on a bi-weekly basis. New employees must wait until the completion of their first full year of service to begin receiving their annual uniform allowance.
Section 3 – Deferred Compensation
The City shall continue to sponsor a Deferred Compensation Plan, which shall be available to employees on a voluntary basis. Unspent "cafeteria" contributions may not be diverted into a deferred compensation or like plan.
Section 4 – Safety Equipment
A. New employees who are required to have safety equipment will be furnished same on a one-time basis, including safety equipment hardware, leather and safety vests.
B. The City shall furnish, for any new (after August 4, 2025) regularly-assigned motorcycle officers the following items as initial issue. (1) motor jacket; (1) safety helmet; (1) pair of boots; (2) pair of riding breeches, which are declared to be necessary for the safety of the officer as specified under Labor Code Section 6401 and Government Code Section 5008.1.
C. Replacements will be issued upon return of worn-out items. It shall be the duty of each employee to use normal diligence in their use and any willful damage or loss shall obligate the employee to replace the item at their expense. Upon reassignment or separation from the department, these items shall be returned to the City.
The City Director of Finance shall have direct control over the purchase, issue and replacement of the above-described items. The Chief shall certify in writing to the Director of Finance as to an individual's entitlement.
ARTICLE V
LEAVES
Section 1 – Pre-Petition Leave Banks
The monetary value of all pre-petition leave bank accruals, including without limitation, vacation, sick leave, concession leave, and holiday leave, will be the subject of distribution as part of the bankruptcy unsecured creditors' pool. All leave balances accrued on or before August 1, 2012 (Pre-Petition Leave) shall be placed in the unsecured creditor pool and will not be available for cash-out (or the cash equivalent) by the SBPOA members. This position is consistent with the Recovery Plan adopted by the City Council on May 18, 2015. Under the
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28 City's Recovery Plan, all City employees are subject to these restrictions on pre-petition leaves. With the exception of post-petition vacation accrual, all post-petition leave accruals will be deferred pending the final approval and effective date of a Plan of Adjustment by the Bankruptcy Court. Any agreement reached by the parties as to the implementation of this section will be memorialized in a side letter.
Section 2 – Vacation
A. All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows:
Completed Years of
Continuous Service
Rate of Accrual Per Pay
Period
Equivalent Hours Per
Year
1 Year** 3.0769 hours 80 hours
5 Years 4.6153hours 120 hours
15 Years 6.1538 hours 160 hours
20 Years 7.6923 hours 200 hours
*Service year begins on initial date of employment in a full-time, regular status. ** No vacation granted or accrued if service is less than 1,040 paid hours.
B. When an employee resigns or otherwise leaves the service of the City and has not used their earned post-petition vacation, payment shall be made to the employee for the earned portion of his vacation.
Vacation leave will continue to accrue in accordance with Section A (above). Prior to the final approval and the effective date of the City's Plan of Adjustment by the Bankruptcy court, all post-petition vacation accruals shall be paid in accordance with Resolution 2014-158, adopted by the Mayor and City Council on June 16, 2014.
Calculation of payment earned vacation or deduction for unearned vacation upon termination shall be made in accordance with the wage rate in effect on the final day of employment.
C. When an employee returns to work after a break in “continuous service,” and when such break in continuous service shall have been by leave of absence with approval of the Mayor and Common Council, vacation time shall not accrue during such break in continuous service but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee.
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29 D. Whenever the terms “years or years of employment” appear herein, it shall be deemed to include all services for the City of San Bernardino.
E. If an employee leaves the City service prior to the completion of the year in which they used such leave, a deduction will be made from such employee’s final paycheck for the unearned portion of such vacation. Employees shall not be allowed to use unearned vacation time.
F. Vacation credits may accrue and accumulate for a maximum of two (2) years’ total accumulated vacation credits on a carryover basis from year to year. Vacations or portions thereof from any one year so accrued may run consecutively with vacations or portions thereof of the next succeeding year, subject to approval of the Chief.
G. Compensation for vacation other than for earned vacation at the time of termination of employment shall be limited to the amount normally earned during regularly assigned working time.
H. Once per year, members of the bargaining unit will be granted the option of selling up to one-quarter (1/4) of their post-petition vacation and holidays to the City. The Chief will approve or disapprove a member's request for sellback. An eligible employee shall notify the City by July 1 of their request for sell back for the prior fiscal year ending June 30. The City shall compensate eligible employees on the first payday in September.
I. In the event that an employee is compensated for less than 50 percent of the total number of work hours in the pay period, they shall not accrue vacation hours for that period.
J. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of Article V, Section (2) I.
Section 3 – Holidays
A. Employees shall be entitled to 11 City-designated holidays, the equivalent of 110 holiday hours each year, as listed below.
New Year's Day
Memorial Day
Independence Day
Juneteenth
Labor Day
Veteran's Day (November 11)
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
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30 New Year's Eve
Additionally, employees shall be entitled to one ten (10) hour floating holiday effective January 1 of each year. Only unit employees who have satisfactorily served in the employ of the City continuously for at least six (6) months in a full-time position shall be eligible to take floating holidays. Employees shall not be allowed to use unearned holiday time.
New hire employees who are hired by the City after January 1 of the calendar year shall receive a prorated number of floating holiday leave hours, at the rate of .8333 hours per month, based on their hire date. For example, a new employee hired on July 1 of a calendar year shall receive five (5) hours of floating holiday leave.
B. The Chief shall consider any request of any employee as to preference for taking floating holidays, provided however, the final right to allot the day to be observed is exclusively reserved to the Chief.
C. All full-time employees with the exception of those employees shown in the following paragraphs shall be allowed the above holidays at full pay when such holidays occur within the regular assigned working period, provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday. If it becomes necessary for employees to work on any of the City-designated holidays, ten (10) hours shall be placed in their holiday account.
D. Upon separation from the City, employees shall be paid for 80% of their current holiday account balance.
E. Holidays as listed above shall be allowed on Monday, if any such holiday falls on Sunday, and shall be allowed on the preceding Friday, if any such holiday falls on Saturday, for all employees except those covered by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays and Tuesdays.
F. Employees may accrue a maximum of 120 hours in their holiday bank.
Section 4 – Sick Leave
A. Sick leave means absence from duty of an officer or employee because of illness or injury, exposure to contagious disease, attendance upon a member of their immediate family who is seriously ill or requires the care or attendance of an officer or employee, or death in the immediate family of the officer or employee. Immediate family means:
husband; wife; domestic partner; grandmother; grandfather; mother; father; sister; brother; son; daughter; mother-in-law; father-in-law; sister-in-law; brother-in-law; daughter-in-law; or son-in-law.
B. Not more than one-half (1/2) of an employee's annual sick leave accrual within any calendar year may be granted to an officer or employee for the care of or attendance upon members of their immediate family. Not more than 40 hours of sick leave may
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31 be granted to an officer or employee for each absence due to death of a member of their immediate family as defined above.
No absence due to illness or injury in excess of 40 hours shall be approved except after the presentation of satisfactory evidence of illness or injury; and, a certificate from a practicing physician or an authorized practicing chiropractor.
C. In order to receive compensation while absent on sick leave, the employee shall notify their immediate superior or the station commander prior to the time set for beginning their daily duties, or as may be specified by the Chief. When the absence is for more than one workday, the employee may be required to file a physician's certificate or a personal affidavit with the Director of Human Resources stating the cause of the absence.
D. Sick leave with pay shall be granted to all regular employees. Sick leave shall not be considered as a right, which an employee may use at their discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein.
E. Whenever an employee is compensated hereunder for sick leave and has not had a vacation at the end of the current calendar year, they shall be allowed to take their vacation in the calendar year they return to duty.
F. Whenever the term "service of City" appears herein, it shall be deemed to include all service of the City of San Bernardino.
G. All full-time officers and employees of the City who are actively on duty, have been in the service of said City for six (6) months or more continuously, and who are compelled to be absent from their work on account of illness or injury other than that which is compensable under Article V, Section 6, Injury Leave, of this MOU, shall receive their full salary, wages or compensation for a period of one ( 1) day for each month of continuous service, provided that such salary, wages or compensation shall cease upon the exhaustion of all accumulated sick leave.
H. Sick leave accruals and payouts (Section 5 below) shall only include post-petition sick leave accrued after August 1, 2012. An employee may only accrue a maximum of 1040 hours of sick leave. Time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave shall not accumulate during periods of leave of absence without pay. Employees will not be allowed to use unearned sick leave.
I. The 48 hours of sick leave granted after six (6) calendar months of continuous service as herein provided for all full-time employees shall be computed at the rate of approximately 4.0 hours per pay period. In the event that an employee works less than 50 percent of the total normal work hours in the pay period, they shall receive no sick leave benefit for such pay period and shall not be credited with the 4.0 hours of sick leave.
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32 J. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only.
Section 5 – Payment for Unused Sick Leave
A. For the purpose of this section, the “retirement” shall have the meaning ascribed to it and the definition therefore as set forth in Section 20060 of the Government Code.
B. Any conversion of sick leave resulting from industrial disability will be provided to an employee in accordance with applicable provisions of the Labor Code.
Sick Leave Sell Back: On or before February 15th of each year this MOU is in effect, eligible employees will be allowed to cash out up to forty (40) hours of sick leave per year, providing the employee has at least three hundred and twenty (320) hours in their sick leave account after the sell back.
Employees must complete a sell back form, which must include the Department Head’s signature. Forms must be submitted to the Finance Department on or before February 15th each year.
Payment for sick leave sell back will be paid (using the current City Council approved salary rates in the salary resolution) to employees in their March payroll check.
1. An employee receiving such pay shall receive at the then current salary rate pay for one-fourth (1/4) of the number of hours of post-petition sick leave accrued, less those hours used for the fiscal year period. The employee's accrued post-petition sick leave shall be reduced by the number of post petition sick leave hours for which pay is provided.
C. At the time of retirement, disability retirement or industrial disability retirement only, any employee having fifteen (15) years of continuous service with the City of San Bernardino, may cash out up to 50% of unused post-petition sick leave; any employee having 20 years of continuous service with the City of San Bernardino, may cash out up to 75% of unused post-petition sick leave.
Section 6 – Retiring Members
At the time of an employee’s subsequent separation from service, payments for unused sick leave (upon retirement only), vacation and holiday in the amounts, percentages, and schedules specified in the MOU shall be contributed to the employee’s 401(a) account, up to the legal allowable limit. Any cash outs exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings. This provision is subject to plan requirements and applicable law.
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33 Section 7 – Injury Leave
Employees who are receiving payments under Labor Code Section 4850 shall accrue vacation, sick leave and holiday credits during such absence from duty. When employees are off duty on injury leave and have not had a vacation at the end of the current year, they shall be allowed to take this vacation in the calendar year they return to duty.
Section 8 – Military Leave
An employee having a reserve status in any of the regular branches of the Armed Services of the United States or National Guard, upon request to serve under orders or official notification of required military duty shall be relieved from their City duties, upon request, to serve under those training orders without loss of pay for a period not to exceed 30 calendar days in any one fiscal year. The employee shall file with the City a copy of such orders or notification of training indicating Theron the date that said duty is to commence and the date duty is to cease. The employee shall receive their regular compensation in addition to their military pay. It is understood that this provision is in accordance with NRS 281.145 and USERRA of 1994.
ARTICLE VI
WORKING CONDITIONS
Section 1 – Work Schedules
The standard workday represents the tour of duty for which an employee is regularly scheduled for work during a 24-hour period commencing from the start of the employee's assigned shift. A regularly scheduled tour of duty, which commences before midnight and ends the following day, shall be reported for payroll purposes as time worked for the day in which the tour of duty began.
Work schedules shall be as defined herein, except as otherwise provided for:
A. 5/40 Work Schedule. The 5/40 work schedule shall consist of a 40-hour workweek consisting of five (5), eight- (8) hour workdays, exclusive of any meal periods assigned by management.
B. 9/80 Work Schedule. The 9/80 work schedule shall consist of 80 work hours in a two (2) week period, consisting of eight (8), nine- (9) hour workdays and one (1), eight (8) hour workday, exclusive of any meal periods assigned by management.
C. 3/12.5 and 4/10 Work Schedules: The Parties have agreed to implement a "blended schedule" for employees assigned to patrol whereby some employees will work a 3/12.5 weekly work schedule and others will work a 4/10 weekly work schedule.
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34 Those employees assigned to work a 3/12.5 weekly work schedule shall work three consecutive days of 12.5 hours each, inclusive of rest breaks and a paid 30- minute meal period. During each 28-day work period, employees assigned to work the 3/12.5 weekly work schedule shall also be scheduled to work one 10-hour work shift, inclusive of rest breaks and a paid 30-minute meal period. The 12.5- hour shifts shall generally be scheduled for three (3) consecutive days. The 10- hour shift will generally be scheduled so that it will be adjacent to a 12.5-hour shift, but exceptions may be made to schedule the 10-hour shift for other days in order to accomplish Department-wide training or due to special assignments. The Parties agree to develop policies governing the interaction between the 3/12.5 weekly work schedule and extended training of three days or more, and other issues that may arise.
Those employees assigned to work a 4/10 weekly work schedule will work four consecutive days of 10 hours each, inclusive of rest breaks and a paid 30-minute meal period. The weekly schedule for employees assigned to work this shift shall be either Monday through Thursday or Tuesday through Friday.
D. Work Schedule Adjustment. It is recognized that during the term of this agreement, it may be necessary for management to make changes in the work schedule to meet the needs of the service, based on the results of a management audit and/or other circumstances that may arise. Any shift schedule changes are subject to the meet and confer process. Except for emergencies or in case of special needs where management finds it necessary to make such changes, it shall notify the Association indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the unit and where the Association requests to meet with management, the parties shall expeditiously undertake to consult, as provided by Section 350 et. Seq., of the California Government Code regarding the impact the change would have on the employees of the unit.
In cases of special needs where it would be advantageous to make temporary changes to the regularly assigned shift of some personnel, the Department will make a good faith attempt to give one (1) week advance notice to the affected employee(s).
The Department will not make special needs changes that result in the disruption of consecutive workdays. It is recognized that it may be necessary for management to make unscheduled temporary changes to regularly assigned shifts based on emergencies or matters of public safety.
E. Lunch Hours. Only officers in Patrol will be allowed to take paid meal breaks.
Section 2 – Shift Change
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35 Subject to authorization of the Chief, Assistant Chief, Captain, Area Commander or Station Commander, employees in the unit should be allowed to exchange time with other employees of equal rank on the following basis.
A. Time exchanged shall be with equal rank and be agreeable with both parties and shall be requested in a memo signed by both employees.
B. The time exchange requested shall be initiated with the immediate supervisor of the employee requesting the exchange.
C. Time exchanged may be by one standard workday or by a half (112) standard workday.
D. Time exchanged shall be repaid by one standard workday or by a half ( 1 /2) standard workday, within a seven- (7) day period.
E. Since this is done for the convenience of the employee, in no case shall a shift exchange or repayment of a shift exchange be considered in computation of overtime.
Section 3 – Probationary Period
The probationary period for newly hired and promoted employees into positions in this unit shall be 2080 paid hours from the date of hire. “Paid hours” shall include hours actually worked (excluding overtime) and paid leaves such as vacation, holiday, sick leave and compensatory time but shall not include time spent on any leave of absence, including 4850 time, modified/light duty and military leave.
In addition, the probationary period of new hires may be extended at the discretion of the Police Chief for a period not to exceed 1040 hours.
Section 4 – Seniority
Seniority is herein defined to be an employee's length of service with no break in service within the Police Department and/or classification in which the employee is presently assigned. The department may consider seniority in vacation scheduling, shift assignments and transfers within classification.
Section 5 – Reemployment
An employee who has terminated City employment and who is subsequently rehired in the same classification in a regular position within a 90-day period may receive restoration of salary step. Seniority shall begin anew as of the rehire date. All other authorized benefits shall accrue as of the date of rehire.
Section 6 – Physical Examinations
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36 The City shall pay medical fees for the physical examination of any police officer when such examination is required and directed by the City.
ARTICLE VII
GENERAL PROVISIONS
Section 1 – Term
The Term of this Agreement shall be four (4) years, commencing on July 1, 2025 through June 30, 2029.
Section 2 – Notice of Intent to Reopen
Commencing on January 1, 2028, either Party may submit to the other, a written request to bargain for a successor agreement, including a list of proposals on economic or non- economic issues.
Section 3 – Recruitment Obligations
The City and the SBPOA acknowledge that there has been significant attrition of police safety members and that coming to an agreement on the essential terms and conditions of employment is the first step in stabilizing the San Bernardino Police Department. In recognition of the need to rebuild the Department, the SB PO A agrees that, as a condition of an agreement to the economic terms, it will actively participate in the formulation and implementation of an aggressive recruitment campaign to attract new hires and lateral police officers.
Section 4 – Severability
If any provision of the MOU is held by the proper legislative or judicial authority to be unlawful, unenforceable, unconstitutional or not in accordance with applicable statutes or not applicable to Charter cities, all other provisions of the MOU shall remain in full force and effect for the duration of this MOU. If there is any conflict between the provisions of this MOU and the provisions of federal, state, or local government regulations, the provisions of the federal, state or local government regulations shall be controlling. Upon the issuance of a decision declaring any article, section or portion of this MOU to be unlawful, unenforceable, unconstitutional or not applicable to Charter cities, the parties agree to meet and confer immediately concerning only those articles, sections, and portions.
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37 Section 5 - Entire Agreement and Waiver Clause
The parties acknowledge that during the meet and confer process which resulted in this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, ordinance, resolution, personnel and departmental rules and regulations, within the scope of negotiable issues and that the understandings arrived at by the parties after the exercise of that right and opportunity are set forth herein. Therefore:
The express provisions of this Agreement for its duration constitute the complete and total contract between the City and Association with respect to wages, hours, and other terms and conditions of employment,
Any prior or existing Agreement between the parties, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety, and
The City and the Association, for the life of this MOU, each voluntarily and unqualifiedly waives the right to meet and confer and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU or with respect to any subject or matter not specifically referred to or covered in this MOU, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this MOU.
Section 6 – Prevailing Benefits
All benefits, privileges and working conditions authorized for the employees at the present time, which are not included in this MOU and within the scope of representation shall remain in full force during the term of this MOU, unless changed by mutual consent. It is also agreed and understood that nothing in this article shall diminish the rights of the City to exercise its rights under the Management Rights article nor diminish the rights of the Association to meet and confer/consult on proposed changes in accordance with applicable law.
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38 SAN BERNARDINO POLICE SAFETY EMPLOYEES’ (“SBPOA”)
MEMORANDUM OF UNDERSTANDING
2025 – 2029
Executed this _______ day of ____________________, 2025 ___________________________ ___________________________ Eric Levitt, City Manager Jose Loera, President
San Bernardino Police Officer’s
Association
___________________________
Araceli Mata, Vice President
San Bernardino Police Officer’s
Association
ATTEST:
___________________________
Telicia Lopez, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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39 ___________________________
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POLICE
MANAGEMENT
ASSOCIATION
MEMORANDUM
OF
UNDERSTANDING
Made and Entered Into Between
The City of San Bernardino
And
The San Bernardino Police Management Association
July 01, 2025, to June 30, 2028
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2 TABLE OF CONTENTS
Article/Section Title NO.
Definition of Terms ..........................................................................................4 ARTICLE I Administration ............................................................................................. 6 Section 1 – Parties to MOU .............................................................................................. 6 Section 2 – Management Rights ...................................................................................... 6 Section 3 – Mutual Aid …………....................................................................................... 7 Section 4 – Employee Rights ........................................................................................... 7 Section 5 – Agency Personnel Rules & Uniform Policies ................................................. 7 ARTICLE II Employer-Employee Relations ................................................................... 8 Section 1 – Recognition/ Union Security .......................................................................... 8 Section 2 – No Strike ………............................................................................................. 8 Section 3 – Payroll Deduction ……………........................................................................ 9 Section 4 – Grievance Procedure ..................................................................................... 9 Section 5 – Employee Representatives ………............................................................... 12 Section 6 – Investigation Rights ……………...…………………....................................... 13 Section 7 – Non-Discrimination ...................................................................................... 14 Section 8 – Personnel Files ............................................................................................ 14 Section 9 – Political Activities ..........................................................................................14 Section 10 – Use of City Resources ................................................................................. 14 Section 11 – Prospective Lawsuits ................................................................................... 15 ARTICLE III Compensation ………………….................................................................. 15 Section 1 – Salaries........................................................................................................ 15 Section 2 – PERS/ Retirement Plan ............................................................................... 16 Section 3 – Compensation Reimbursable Overtime for Working Contractual Events ..... 16 Section 4 – Assignment to Higher Position ..................................................................... 17 Section 5 – Optional Cell Phone Allowance ................................................................... 17 Section 6 – POST Incentive ........................................................................................... 17 Section 7 – Court Fines ………………………………....................................................... 18 Section 8 – Bilingual Pay ..…………………..................................................................... 18 Section 9 – Physical Fitness Program …………………………………….......................... 18 Section 10 – Technology Allowance ………...................................................................... 19 Section 11 – Longevity Pay ……………............................................................................ 19 Section 12 – Education Pay ……………........................................................................... 19 ARTICLE IV Fringe Benefits …………………................................................................. 20 Section 1 – Health/ Life Insurance – Active Employees .................................................. 20 Section 2 – Uniform Allowance ……………………………............................................... 22 Section 3 – Professional Development………………….................................................. 22 Section 4 – Deferred Compensation …………………………………………..................... 22
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3 Section 5 – Safety Equipment ………………………………………………....................... 23 ARTICLE V Leaves …………………............................................................................... 23 Section 1 – Pre-Petition Leave Banks ............................................................................ 23 Section 2 – Vacation ……............................................................................................... 23 Section 3 – Holidays ………............................................................................................ 25 Section 4 – Sick Leave ................................................................................................... 26 Section 5 – Payment for Unused Sick Leave .................................................................. 27 Section 6 – Injury Leave …….......................................................................................... 28 Section 7 – Administrative Leave …................................................................................ 28 ARTICLE VI Working Conditions …………………......................................................... 29 Section 1 – Work Schedules ………................................................................................ 29 Section 2 – Probationary Period …….............................................................................. 29 Section 3 – Seniority …………...……….......................................................................... 29 Section 4 – Reemployment ............................................................................................ 29 Section 5 – Physical Examinations ................................................................................. 30 ARTICLE VII General Provisions …………………........................................................... 30 Section 1 – Term ………………………........................................................................... 30 Section 2 – Notice of Intent to Reopen ........................................................................... 30 Section 3 – Severability ……………................................................................................ 30 Section 4 – Entire Agreement and Waiver Clause ……….….......................................... 30 Section 5 – Prevailing Benefits …………………………………….…................................ 31 SIGNATURE PAGE ………………………………………….…………………………………. 32
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4 DEFINITION OF TERMS
Appointing
Authority: The Chief of the San Bernardino Police Department. In the Chiefs absence, the Assistant Chief will be the appointing authority.
Appropriate
Unit: Those positions recognized as belonging to the unit covered by the terms of this MOU.
Association: The San Bernardino Police Management Association (SBPMA).
Break in Service: Refers to a voluntary or involuntary separation from employment with the City or Department, as applicable. An authorized leave of absence does not constitute a break in service.
Chief: The Chief of Police of the City of San Bernardino.
City: The City of San Bernardino.
Continuous
Service: Five-sixths (5/6) of the available compensable days within the 12 month period immediately preceding the date of the employee’s return to service. 217 days for employees working 8-hour shifts and 173 days for employees working 10-hour shifts.
Department: The San Bernardino Police Department.
Division: Any one of the major Divisions of the Department.
Employee: All Management Personnel within the classifications in this appropriate unit.
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5 Employee
Organization: The San Bernardino Police Management Association (SBPMA).
Employer: Shall include the City of San Bernardino, and the City of San Bernardino Police Department.
Mandatory and
Permissive: “Shall” is mandatory, “may” is permissive.
Memorandum of
Understanding
(MOU): Shall mean the contractual obligation between the City and the employees of the Unit.
Singular and Plural: The singular also includes the plural.
Years of
Employment: Shall include all full-time services for the City of San Bernardino unless otherwise stated
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6 ARTICLE I
ADMINISTRATION
Section 1 – Parties to Memorandum of Understanding
The Memorandum of Understanding is made and entered into by and between the City of San Bernardino ("City") and the San Bernardino Police Management Association (“Association”), in accordance with Government Code Sections 3500 et seq.
Section 2 – Management Rights
This MOU shall not be deemed to limit or curtail the City in any way in the exercise of the inherent and express rights, powers and authority which the City has prior to entering into this MOU, except to the extent that the provisions of the MOU specifically curtail or limit such rights, powers and authority.
Furthermore, the City retains all rights, powers and authority under City Charter, Ordinances, Resolutions, State and Federal law, and expressly and exclusively to:
determine the mission of its constituent departments, commissions and boards; set standards of selection for employment and promotion; direct its employees;
establish and enforce dress and grooming standards;
maintain the efficiency of governmental operations;
determine the methods, means, numbers and kinds of personnel by which government operations are to be conducted;
determine the content and intent of job classifications; determine methods of financing;
determine style and/or types of City issued wearing apparel, equipment or technology to be used, provided that no such measures which threaten the safety of employees shall be adopted;
determine and change the facilities, methods, technology, means, organizational structure, size and composition of the work force and allocate and assign work by which the City operations are to be conducted, provided however, that no such measures which threaten the safety of employees shall be adopted; determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any work or operations of the City subject to all applicable meet and confer obligations; assign work to and schedule employees in accordance with requirements as determined by the City; and establish and change work schedules and assignments as set forth in the MOU;
establish and modify productivity and performance programs and standards; layoff, discharge, suspend, demote, reprimand, withhold salary increases and benefits, except such as are mandated by City Charter, or otherwise discipline
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7 employees in accordance with the applicable law;
establish employee performance standards, including but not limited to, quality and quantity standards;
take necessary actions and carry out its mission in emergencies; and, exercise complete control and discretion over its organization and the technology of performing its work.
The City shall be free to exercise its rights under this provision without negotiation or challenge from the Association or employees except where it can be demonstrated that such exercise is contrary to law or a specific limitation placed upon the City in another Article of this Agreement. The City’s failure to exercise any right, prerogative, or function reserved to it or the exercise of any such right, prerogative, or function in a particular manner, shall not be considered a waiver of the City’s ability to exercise such rights, prerogatives, or functions or preclude the City from exercising the same in some other manner.
Section 3 – Mutual Aid
Nothing herein shall in any way be construed to limit the use of any public safety agency or any member in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this article be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is indeed necessary or desirable by the jurisdictions or the agencies involved.
Section 4 – Employee Rights
Employees shall have all the rights, which may be exercised in accordance with state law, federal law, the Charter and applicable ordinances, resolutions, rules and regulations, including:
A. The right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer- employee relations.
B. The right to refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the City.
C. The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal by other employees, employee organizations, management or supervisors as a result of their exercise of rights indicated in (A) and (B) above.
Section 5 – Agency Personnel Rules and Uniform Policies It is understood and agreed that there exists within the City the “Civil Service Rules and Regulations for the Classified Service”; Resolution No. 10584, Establishing Uniform and
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8 Orderly methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended, and Resolution No. 10585, Adopting Rules and Regulations Relating to Employer Employee Relations, as amended.
These documents will continue in effect, except for those provisions modified by the City Council in accordance with any applicable state or federal laws, orders, regulations, official instructions or policies. In the case of proposed changes by other than agreement, the City shall consult with the Association or meet and confer when required by statute. In cases of emergency, the Association and City will meet as soon as possible after the changes. In addition, the Association shall have the right to meet and consult with the City on any relevant employment Uniform Policies the City proposes to implement.
ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
Section 1 – Recognition/ Union Security
Formal recognition of the Association is acknowledged for purposes of meeting and conferring on wages, hours, working conditions and other terms and conditions of employment and of general representation of its members. The Association has been recognized formally as the majority representative of the appropriate unit composed of Police Managers in the San Bernardino Police Department, including but not limited to, the following classifications: Police Lieutenant; Police Captain; and, Police Assistant Chief. These positions are recognized regardless of assignment, receipt of incentive pay or acting in a higher position.
Section 2 – No Strike
It is the purpose of the MOU for the parties hereto, to confirm and maintain the spirit of cooperation, which has heretofore existed between the City of San Bernardino and the employee organization. It is recognized that adequate dispute resolution procedures exist to resolve differences and that any work disruptions are unproductive to City operations and services provided its citizens. The Association and City hereby agree that they shall at no time nor in any way jeopardize the public health, welfare and safety of the City’s business and residential communities. Thus, the Association and the City will strive to promote a harmonious relationship between the parties of this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Association shall not, on behalf of itself and its members, individually or collectively, engage in, support or sanction any curtailment or restriction of work, including but not limited to, “blue flu” or strikes, at any time during the term of this MOU. The parties shall endeavor to discourage any such work disruptions or curtailment and shall make affirmative efforts to return employees to their jobs in the event that a work disruption occurs.
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9 Section 3 – Payroll Deduction
It is agreed that the Association membership dues, insurance and premiums for plans sponsored by the Association shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made to the Association within 30 days after the conclusion of the month in which said membership dues and insurance premiums were deducted.
The Association acknowledges that it has and will continue to comply with all applicable requirements and laws pertaining to dues and other deductions. The City shall not be liable to the Association, employees or any other persons, financial or otherwise, by reason of the requirements of this section for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Association shall indemnify, defend and hold the City harmless from any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of, or by reason of, action taken by the City under this section.
Section 4 – Grievance Procedure
A. Purpose. The City of San Bernardino and the Association realize the importance of a viable grievance procedure to aid in the resolution of disputes among employees, supervisors and management. It is recognized that to maintain high employee morale and harmonious relations, an orderly method of processing grievances is necessary.
This procedure is intended to establish a systematic means to process a grievance and to obtain fair and proper answers and decisions regarding employee complaints.
The representative of employees and management at all levels will make continuing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process.
The initiation of a grievance in good faith by an employee shall not cast any adverse reflection on their standing with their supervisors or their loyalty as a City employee, nor be a reflection on the employee’s supervisor or the department involved, unless it is determined that such department or supervisor has grossly abused management discretion or the employee has grossly abused the grievance process.
B. Definition. A grievance is an alleged violation of the terms of this MOU or of the application of any laws, ordinances, practices, resolutions or regulations concerning or affecting wages, hours or other conditions of employment except as excluded in the following paragraph. The remedy selected by the employee shall be the sole and exclusive remedy pursued, either through the grievance procedure or through appeals to the Personnel Commission, as may be applicable. However, nothing herein shall be interpreted as relinquishment of the rights set forth in City of San Bernardino Charter Sections 253, 254, and 255.
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10 Additionally, allegations of discrimination and harassment shall be submitted to the Equal Employment Officer. Alleged violations of the Employer-Employee Relations Ordinance shall be processed through the procedure contained therein.
C. Representation. The aggrieved employee shall have the right to be represented. This representation may commence at any step in the grievance procedure. Legal counsel and/or official representatives of the recognized employee organization only can represent the employee. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless they so desire. If the employee’s legal counsel is not from the formally recognized employee organization, a representative of that formally recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of the MOU.
D. Consolidation of Grievances. In order to avoid the necessity of processing numerous similar grievances at one time, a single grievance may be filed or multiple grievances may be consolidated into a single grievance.
E. Time Limits. Time limitations are established to settle a grievance quickly. Time limits may be modified by agreements of the parties. If at any stage of the grievance procedures the grievant is dissatisfied with the decision rendered, it shall be the grievant’s responsibility to initiate the action, which submits the grievance to the next level of review. The grievant may proceed to the next step if a reviewing official does not respond within the time limits specified. A formal grievance may be entertained in or advanced to any step if the parties jointly so agree.
F. Steps in the Grievance Procedure. The procedures outlined herein constitute the informal and formal steps necessary to resolve an employee’s grievance. An attempt to settle the grievance in the informal structure at the employee-supervisor level is required. The grievance must be submitted to the informal step as soon as possible but in no event later than within thirty (30) working days of the incident causing the grievance or the grievant becoming aware of the event or act giving rise to the grievance. When a grievance is filed by (1) the Association (as opposed to an individual), or (2) the matter complained of originated at the Police Chief’s level, the initial grievance shall be filed at Step 3, directly with the Chief of Police. If the grievance alleges a violation of law, a City uniform policy, ordinance, or resolution, the grievance shall be filed with the Human Resources Director.
Note. If the employee chooses to appeal disciplinary action to the Personnel Commission, they shall be precluded from filing a grievance or any other parallel appeal. The filing of a lawsuit during the grievance process shall automatically terminate the further processing of the grievance.
The date and the subject of the incident should be provided with the request for the informal meeting.
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11 1. Informal. Initially, the grieving employee shall on a personal face-to-face basis discuss their complaint with their immediate supervisor informally.
Within fifteen (15) calendar days, the supervisor shall give their decision to the employee orally.
2. Formal.
Step 1. Written Grievance to Supervisor. If a mutually acceptable solution has not been reached in the informal process, the employee shall submit the grievance in writing to their immediate supervisor. This must be accomplished within fifteen (15) calendar days of being informed of the supervisor’s informal decision. Within fifteen (15) working days of receiving the written notification of the employee’s grievance, the supervisor may meet with the employee and thoroughly discuss the grievance. The employee may appear personally and may be represented by a representative of their choice. In any event, the supervisor shall give a written decision to the employee within fifteen (15) calendar days after receipt of the written grievance.
Step 2. Meet with the Assistant Chief. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendar days to the Assistant Chief, who may follow the steps outlined in Step 1 above. In any event, the assistant chief shall give a written decision to the employee within fifteen (15) calendar days after receipt of the grievance.
Step 3. Meet with Chief. If the grievance has not been satisfactorily resolved at this level, it may be appealed fifteen (15) calendar days to the Chief, who may follow the steps outlined in Step 2 above. In any event, the Chief shall give a written decision to the employee within ten (10) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendar days to the Director of Human Resources.
Step 4. Review by the Director of Human Resources. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within fifteen (15) calendar days from the date of delivery of said answer. The Director of Human Resources or their designee shall meet with the employee, and if the employee desires, the designated union representative within fifteen (15) calendar days after receipt of the appeal. The designated City representative shall deliver their answer in writing to the employee within fifteen (15) calendar days after the meeting.
Step 5. Final Step.
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12 a. If the grievance is still not adjusted, the aggrieved party, with the agreement of the Association, may file a written appeal with the City Manager or their designated representative within fifteen (15) calendar days from the date of delivery of said answer, stating in writing the facts and basis of the complaint and the desired result.
b. The grievance shall then be heard by a neutral hearing officer selected by the Parties from a list provided by the State Mediation and Conciliation Service, whose decision shall be advisory to the City Manager. Grievances shall only be advanced to advisory arbitration with the agreement of the Association. The cost for hearing all grievances advanced to an advisory arbitration hearing shall be split equally between the City and Association, including any cancellation fee if both parties are mutually responsible, otherwise the party responsible shall pay the entire cancellation fee.
c. The City Manager or their designated representative shall deliver their answer in writing within fifteen (15) calendar days after receipt of the hearing officer’s advisory decision.
d. The decision of the City Manager or their designated representative is final and binding on all parties, unless reversed by a court decision.
e. All grievances shall be treated as confidential, and no publicity will be given the final resolution of the grievances.
Section 5 – Employee Representatives
When requested by an employee, a Job Representative (Job Rep) may investigate any alleged grievance in the department and assist in its presentation. The representative shall be allowed reasonable time therefore during working hours without loss of time or pay, upon notification and approval of their immediate supervisor, with the concurrence of the division or department head. The privilege of a Job Rep to leave work during work hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation of overtime. Job Reps will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Rep will not be granted time off or compensation for the purpose of handling grievances outside this unit.
Section 6 – Investigation Rights
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13 When an employee is under investigation and subjected to interrogation by their commanding officer or any other member of the department, which could lead to punitive action, such interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action is defined as any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer for purposes of punishment.
The Police Department will make a good faith effort to conclude within 90 calendar days any investigation that could lead to discipline of a unit member.
For disciplinary appeals, the member may request that a neutral hearing officer hear the matter and submit a proposed decision to the City’s Personnel Commission. The Commission shall review the decision and recommended discipline, and either adopt the findings and the disciplinary action in its entirety, modify the recommended disciplinary action, and/or request additional findings from the hearing officer. The Commission shall retain jurisdiction of final disposition of the disciplinary action.
The Police Department will exclude disciplinary action, which is not final in preparing performance evaluations. However, the Police Department retains the right to consider such disciplinary action, once finalized, in subsequent performance evaluations, ratings for promotions and so forth.
If an employee on the graveyard shift wishes to appeal a disciplinary action to the Personnel Commission, the employee’s shift may be rescheduled to the day shift on the date of the Personnel Commission meeting, provided that the shift change is for the disciplined employee only and the employee requests the shift change in advance through the chain of command.
The City hereby adopts and incorporates herein by reference all provisions of the Public Safety Officers’ Procedural Bill of Rights (Government Code Section 3300, et. seq.).
Lawful Exercise of Rights; Insubordination; Administrative Appeal.
A. No employee shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment because of the lawful exercise of the rights granted herein or the exercise of any rights under any existing administrative grievance.
Nothing in this section shall preclude a head of an agency from ordering an employee to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge them with insubordination.
B. No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency without providing the employee with an opportunity for administrative appeal.
Section 7 – Non-Discrimination
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14 Neither the City nor the Association shall unlawfully discriminate against any employee because of race, color, ancestry, sex, sexual orientation, age, physical or mental disability, medical condition, national origin, political, religion, or any other basis as required by federal, state, or local law.
Section 8 – Personnel Files
No member shall have any comment adverse to their interest entered in their personnel file as described in PC 832.8, or any other files used for any personnel purposes by the employer, without the member having first read and signed the instrument containing the adverse comment indicating they are aware of such comment, except that such entry may be made if after reading such instrument, the member refuses to sign it. Should a member refuse to sign, that fact shall be noted on the document and signed or initialed by such officer.
A member shall have 30 days within which to file a written response to any adverse comment entered in their personnel file. Such written response shall be attached to and accompany the adverse comment.
In all instances other than a written warning or commendation, the consultation reports will be purged from the supervisor’s file in compliance with departmental standard operating procedures. Citizen/internal complaints will be purged from the Internal Affairs files in compliance with the departmental Standard Operating Procedures.
Section 9 – Political Activities
Except as otherwise provided by law or whenever on duty or in uniform, no employee shall be prohibited from engaging in or be coerced or required to engage in political activity.
Section 10 – Use of City Resources
The Association may be granted permission to use department facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use facilities must be obtained by the Association from the Chief or a designated representative. The Association shall be held fully responsible for any damages to and the security of any facility that is used by the Association.
The department will furnish adequate bulletin board space where currently available. Only areas designated by the appointing authority may be used for posting of notices. Bulletin boards may be used for the following notices.
A. Scheduled Association meetings, agenda and minutes;
B. Information on Association elections and results;
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15 C. Information regarding Association special, recreational and related bulletins; D. Reports of official business of the Association, including reports of committees or the Board of Directors;
E. MOU, pay scales, job announcements, promotion lists, etc.
Posted notices shall not be obscene or defamatory, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized representative of the Association and should have prior written approval of the Chief or an authorized representative. Denial of approval shall not be arbitrary or capricious or discriminatory.
Section 11 – Prospective Lawsuits
The Association and City agree that prior to filing a lawsuit, they shall notify the other party of their intent and shall meet within thirty (30) days to attempt resolution of the matter in question with the intent of reaching a mutually acceptable solution.
ARTICLE III
COMPENSATION
Section 1 – Salaries
Effective the first full pay period following July 1, 2025, the salary ranges for all unit members shall be increased by three percent (3%) to reflect a cost-of-living increase (COLA).
Effective the first full pay period following January 1, 2026, the salary ranges for all unit members shall be increased by two percent (2%).
Effective the first full pay period following July 1, 2026, the salary ranges for all unit members shall be increased by three percent (3%).
Effective the first full pay period following July 1, 2027, the salary ranges for all unit members shall be increased by three percent (3%).
Section 2 – PERS/ Retirement Plan
A. Retirement Benefits. SBPMA members are provided retirement benefits under the Public Employee’s Retirement System (CalPERS) as follows.
Tier I: Employees hired prior to September 1, 2011 shall receive a 3% @ 50 retirement benefit;
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16 Tier II: CalPERS "Classic Members" hired on or after September 1, 2011 shall receive a 3% @ 55 retirement benefit;
Tier Ill: CalPERS "New Members" hired on or after January 1, 2013 and December 31, 2015 shall receive a 2.7% @ 57 retirement benefit in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA);
Tier IV: CalPERS “New Members” hired on or after January 1, 2016 shall receive a
2.5% @ 57 retirement benefit in accordance with PEPRA.
B. Required Bargaining Unit Member Contributions.
CalPERS classic members shall contribute 12% of compensation earnable as member contributions toward their retirements.
CalPERS “new members” shall contribute member contributions of 50% of the normal costs in accordance with Government Code § 7522.30.
C. In accordance with Government Code § 21624 and § 21635, the “post survivors’ retirement” benefit provided under the City’s contract with CalPERS shall be provided to all employees.
D. For Tier I and Tier II employees, the final compensation period will be single highest year as provided under the City’s contract with CalPERS.
Section 3 – Compensation Reimbursable Overtime for Working Contractual Events Association members who are required to work special events where the City has contracts with third parties to provide public safety services and where the third parties pay for the cost of such labor services, shall be entitled to be paid overtime, (either straight time or premium overtime) in accordance with the contract between the City and the third party. The City and the SBPMA acknowledge that this provision shall not result in any additional cost to the City.
Section 4 – Assignment to Higher Position
An employee of the department temporarily acting in a position in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten (10) consecutive days shall receive the pay for the higher classification (e,g., lieutenant would be paid captain pay) or 5% above their current compensation, whichever is greater. In no event shall the base salary exceed the top step (if a top step is defined) of the higher classification in which the employee is acting. The Chief shall certify monthly as to the assignment and the period of time worked in the higher rank to validate entitlement to the higher salary.
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17 The determination as to whether higher acting pay (also referred to as Temporary Upgrade Pay by CalPERS) is pensionable shall be determined by CalPERS. However, such pay is currently generally considered pensionable compensation only under the following conditions: 1) the employee is fully relieved of the duties of their regular position during the acting assignment and is performing the full scope of duties associated with the higher classification; and 2) the employee is a Classic Member as defined by the CalPERS system.
Employees classified under the Public Employees’ Pension Reform Act (PEPRA) are not eligible to have higher acting pay reported as pensionable compensation.
Substantive addition of duties of a higher-level classification to an employee’s budgeted position should be considered for a classification study.
Section 5 – Optional Cell Phone Allowance
Employees who are required to have cell phones for conducting City and Department business may, in lieu of receiving a City issued paid cell phone, elect to maintain a personal cell phone for that purpose. Employees who select this option are entitled to be reimbursed $65.00 per pay period.
Section 6 – POST Incentive
All police officers shall be entitled to receive in addition to their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below.
A. Two hundred dollars ($200) additional compensation per month shall be paid each police officer who has obtained a Peace Officer Standards Training (POST) Intermediate Certificate; Effective the first full pay period following January 1, 2026, the amount will be increased to two hundred and fifty dollars ($250). Effective the first full pay period following January 1, 2027, the amount will be increased to two hundred and seventy-five dollars ($275). Effective the first full pay period following January 1, 2028, the amount will be increased to three hundred and twenty-five dollars ($325); or,
B. Seven hundred dollars ( $700) additional compensation per month shall be paid each employee who has obtained a POST Advanced Certificate. Effective the first full pay period following January 1, 2026, the amount will be increased to seven hundred and fifty dollars ($750). Effective the first full pay period following January 1, 2027, the amount will be increased to seven hundred and seventy-five dollars ($775). Effective the first full pay period following January 1, 2028, the amount will be increased to eight hundred and twenty-five dollars ($825); or,
C. Two hundred seventy-five dollars ($275) additional compensation per month shall be paid to each employee who has obtained a POST Supervisory Certificate; Effective the first full pay period following January 1, 2026, the amount will be increased to
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18 seven hundred and seventy-five dollars ($775). Effective the first full pay period following January 1, 2027, the amount will be increased to eight hundred dollars ($800). Effective the first full pay period following January 1, 2028, the amount will be increased to eight hundred and fifty dollars ($850);or, D. One thousand four hundred and eighty-five dollars ($1,485) additional compensation per month shall be paid each employee who has obtained a POST Management Certificate.
Section 7 – Court Fines
The City shall pay for court fines imposed upon each member as a result of their conviction of a traffic violation when such employee was directed to operate any faulty vehicle or vehicular equipment, which was the proximate cause of the mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the member.
Section 8 – Bilingual Pay
Effective the first full pay period following July 1, 2025, up to two (2) employees from SBPMA who pass the City's bilingual proficiency exam shall be compensated at $250 per month.
Additional employees may be eligible based on consideration of such factors as critical need and financial resources or constraints. The City Manager or designee shall retain the right to select and determine the total number of eligible employees. The City shall reserve the right to determine languages for which testing will be conducted. Such incentive shall be paid on a bi-weekly basis.
Section 9 – Physical Fitness Program
Effective the first full pay period following October 1, 2025, SBPMA members who pass the required testing shall receive $250 per month. In order to qualify to obtain and maintain this incentive pay in subsequent fiscal years, an employee must pass the required testing prior to the following fiscal year (e.g. May/June for FY 26/27. Such incentive shall be paid on a bi- weekly basis. Those employees who are unable to test during this period (i.e. those newly promoted) may test outside this testing schedule to receive this incentive pay beginning the pay period after the qualification is obtained.
Section 10 – Technology Allowance
SBPMA members require up to date technology to efficiently manage Department operations. In lieu of receiving city issued technology, such as desktop computers, laptops, tablets, printers, scanners, and software employees may elect to utilize their own
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19 technological equipment. SBPMA members shall receive an annual technology allowance of $500 to be paid on a bi-weekly basis.
Section 11 – Longevity Pay
Each employee with twenty (20) or more years of compensated service to the City shall receive longevity pay of seven hundred dollars ($700) per month. Effective the first full pay period following July 1, 2025, a twenty-five (25) year level will be established at $1,000 per month.
Effective the first full pay period following July 1, 2026, each member with twenty (20) years of completed service will receive $750 per month and each member with (25) years of completed service will receive $1,050 per month.
Effective the first full pay period following July 1, 2027, each member with twenty (20) years of completed service will receive $800 per month and each member with twenty-five (25) year of completed service will receive $1,100 per month.
Section 12 – Education Pay
All SBPMA members shall be entitled to receive in addition to their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below.
A. Each Lieutenant who has obtained a Bachelor’s Degree shall receive two hundred and fifty dollars ($250) per month; if a Graduate Degree or higher is obtained, they shall receive three hundred dollars ($300) per month. Each Captain and Assistant Chief who has obtained a Graduate Degree or higher shall receive four hundred and fifty dollars ($450) per month.
B. Effective the first full pay period following July 1, 2026, each Lieutenant who has obtained a Bachelor’s Degree shall receive three hundred dollars ($300) per month; if a Graduate Degree or higher is obtained, they shall receive four hundred dollars ($400) per month. Each Captain and Assistant Chief who has obtained a Graduate Degree or higher shall receive five hundred and fifty dollars ($550) per month.
C. Effective the first full pay period following July 1, 2027, each Lieutenant who has obtained a Bachelor’s Degree shall receive three hundred and fifty dollars ($350) per month; if a Graduate Degree or higher is obtained, they shall receive five hundred dollars ($500) per month. Each Captain and Assistant Chief who has obtained a Graduate Degree or higher shall receive six hundred and fifty dollars ($650) per month.
ARTICLE IV
FRINGE BENEFITS
Section 1 – Health/Life Insurance - Active Employees
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20 A. During the term of this agreement the City’s Contributions for Healthcare benefits shall be as follows: