Resolution No. 2025-371
Resolution No. 2025-371
September 17, 2025
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RESOLUTION NO. 2025-371
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING WITH THE SAN
BERNARDINO MUNICIPAL WATER DEPARTMENT FOR
THE LEASE OF WATER DEPARTMENT PROPERTY AT
333 CHANDLER PLACE; AND AUTHORIZING THE
DIRECTOR OF FINANCE TO AMEND THE FY 2025/26
ANIMAL SHELTER OPERATING BUDGET IN THE
AMOUNT OF $66,696.00 FOR THE LEASE OF WATER
DEPARTMENT PROPERTY AT 333 CHANDLER PLACE.
WHEREAS, by the Charter of the City of San Bernardino, the Council is the highest governing body of the City of San Bernardino with respect to general tax revenues, expenditures, assets, and liabilities, collectively accounted for in the General Fund; and WHEREAS, by the Charter of the City of San Bernardino, the Water Board is the highest governing body of the City of San Bernardino with respect to water utility and sewer utility revenues, expenditures, assets, and liabilities, collectively accounted for in the Water Fund and Sewer Fund, respectively; and
WHEREAS, on April 17, 2024, the Mayor and the City Council adopted Resolution No. 2024-067, approving the allocation of $4,000,000 from the General Fund to support necessary improvements and upgrades to the Animal Shelter facility; and WHEREAS, on August 7, 2024, the Mayor and City Council adopted Resolution No. 2024-170, authorizing the City Manager to execute a Good Purchase Agreement with Horizon Structures in the amount of $2,096,324 for the acquisition of modular buildings for the Animal Shelter facility. The City of San Bernardino's share of the cost is $1,111,052, with the remaining $985,272 funded through the regional partnership agreement; and WHEREAS, on the same date, the Mayor and City Council also adopted Resolution No. 2024-151, authorizing the City Manager to execute a Good Purchase Agreement with William Scotsman Inc. in the amount of $406,492 for the purchase of an additional building for the Animal Shelter. The City of San Bernardino's share of this cost is $217,745, with $188,747 covered by the regional partnership; and
WHEREAS, the Water Board Commissioners of the City of San Bernardino have determined that approximately 27,790 square feet of real property located between Chandler Place and West Century Avenue in the City of San Bernardino, defined hereinafter as the Parking Lot Property with a fair market rental value of Twenty Cents ($0.20) per square foot per month on a triple net (“NNN”) basis as determined by an independent appraisal, is not necessary for use in the immediate future by the San Bernardino Municipal Water Department; and Resolution No. 2025-371
Resolution No. 2025-371
September 17, 2025
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WHEREAS, the Property is a portion of the Water Reclamation Plant, an operational wastewater treatment facility permitted to treat and dispose of wastewater in compliance with National Pollutant Discharge Elimination System (NPDES) Permit No. CA0105392, among other regulatory permits; and
WHEREAS, the City intends to temporarily use the Parking Lot Property for the development, construction and operation of an employee parking and dry goods storage area serving the existing animal shelter, including but not limited to parking, dry goods storage, security fencing, and solar-powered lighting (“Parking Facilities”); and WHEREAS, the City’s use of the Property for such purpose will necessitate transfers between the General Fund to the Sewer Fund; and
WHEREAS, it has been the practice of the City of San Bernardino to document transfers between the General Fund and Sewer Fund with Memorandums of Understanding between the Council and the Water Board to demonstrate compliance with Proposition 218 (Article XIII D, Section 6 of the Constitution of the State of California).
WHEREAS, the FY 2025/26 Animal Shelter Operating budget requires a supplementation appropriation in the amount of $66,696.00 to fully fund the San Bernardino Animal Shelter lease agreement for the first year.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council hereby authorize the City Manager to execute the Memorandum of Understanding (MOU) with the San Bernardino Municipal Water Department (SBMWD) for the Lease of Water Department Property located at 333 Chandler Place.
SECTION 3. Director of Finance and Management Services to amend the FY 2025/26 Animal Shelter Operating budget with an additional supplementation appropriation in the amount $66,696.00 for the Lease of Water Department Property located at 333 Chandler Place.
SECTION 4.As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project.
Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines.
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15302 (Class II – Replacement or Reconstruction) Resolution No. 2025-371
Resolution No. 2025-371
September 17, 2025
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of the CEQA Guidelines because it involves the development, construction, and operation of a temporary employee parking lot and dry goods storage area. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
(3) The application of the Class 2 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because this is for the development, construction, and operation of a temporary employee parking lot and dry goods storage area. This does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the City Council.
SECTION 5.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 6. 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 17th day of September 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2025-371
Resolution No. 2025-371
September 17, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-371, adopted at a regular meeting held on the 17 th day of September 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 September 2025.
Telicia Lopez, Acting City Clerk