Resolution 2026-001
January 21, 2026
Resolution 2026-001
RESOLUTION NO. 2026-001
RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE EXECUTIVE COMPENSATION AND
BENEFITS PLAN; AND REPEALING RESOLUTION NO.
2022-59
WHEREAS, on March 1 6, 2022, City Council approved Resolution No. 2022- 59 approving the Executive Compensation and Benefits Plan effective through June 30, 2025; and the compensation and benefits plan remains in effect until a new resolution is adopted by the Mayor and City Council; and
WHEREAS, it is necessary to codify the compensation and benefits provided to the City's Executives, an unrepresented group of employees of the City of San Bernardino; and WHEREAS, services provided by Executives shall be subject to the terms and conditions set forth herein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Council of the City of San Bernardino (City) hereby adopts a compensation and benefits plan for Executive employees an unrepresented at -will group as follows:
1. Terms. The term of this Resolution extend through June 30, 2028.
2. At-will/Unclassified (U). In accordance with Chapter 2.040.030 of the San Bernardino Municipal Code, Executive employees are not included in the classified service of the City and shall serve at the will and pleasure of the City Manager. They may be appointed, controlled, ordered and directed by the City Manager in any manner which is in compliance with applicable law, and may be disciplined or removed from city employment by the City Manager without proof of cause or other justification and without the right of appeal.
3. Classifications. The following classifications are recognized as at-will unclassified (U) Executives:
• Assistant City Manager (U)
• Chief of Police (U)
• Deputy City Manager (U)
• Director of Animal Services (U)
• Director of Community Development & Housing (U)
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• Director of Economic Development (U)
• Director of Finance (U)
• Director of Human Resources & Risk Management (U)
• Director of Information Technology (U)
• Director of Parks, Recreation, and Community Services (U) • Director of Public Works, Operations & Maintenance (U)
4. Compensation. Unless salary is provided for separately by employment contract, effective the first full pay period following July 1, 2025, the salary ranges for all Executives shall be increased by three percent (3%) to reflect a cost -of-living adjustment (COLA). Effective the first full pay period following January 1, 2026, the salary ranges for all Executives shall be increased by two percent (2%). Effective the first full pay period following July 1, 2026, the salary ranges for all Executives shall be increased by three and one half percent (3.5%), unless, increases to the City’s revenue fall below 3.75%, in which case the COLA would be split in half and paid out as follows: effective the first full pay period following July 1, 2026, the salary ranges for all Executives shall be increased by one and seventy-five hundredths percent (1.75%), and effective the first full pay period following January 1, 2027, the salary ranges for all Executives shall be increased by one and seventy- five hundredths percent (1.75%).
All salary ranges for Executives shall be amended
by the Mayor and City Council in accordance with this provision.
On or about April/ May 2027 the City will review the recommendations of the classification and compensation study (“Study”) currently being conducting, and expected to be completed before the start of the 2027-28 fiscal year. Any salary equity adjustments to individual classif ications will be considered alongside any across -the- board salary
adjustments and other increases in compensation, taking into account such factors as the total cost of compensation, market competitiveness, recruitment/retention, and the availability of financial resources. Annual salary adjustments will be contingent upon available funding and evaluated within the City’s long-term financial plan.
If the City fails to allocate any funds to address pay equity issues, then a three percent (3%) across-the-board increase will go into effect the first full pay period following July 1, 2027. However, if funds are allocated by the City to address pay equi ty, there shall be no automatic or guaranteed across-the-board increase.
5. Higher Acting Pav. An Executive may temporarily perform in the capacity of City Manager, Assistant City Manager , or assume the role of another Executive position while performing the duties of their current position. An Executive temporarily acting in a higher classification during periods of absence of an incumbent or during a vacancy in a budgeted position for more than ten (10) consecutive days shall receive the bottom step of the higher classification or 5% above their current base pay, whichever is greater.
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In no event shall higher acting pay exceed the top step of the classification in which the Executive is acting.
6. POST Executive Pay. Employees in the Executive Group who obtain Peace Officer Standards and Training (POST) Executive Certification shall receive an additional one thousand seven hundred seven dollars and seventy-five cents ($1,707.75) per month.
This payment is available to all employees in the group or class who meet the requirements for POST Certification.
7. Insurance (Medical, Dental & Vision). Effective the first pay period of the following month upon hire, the City will contribute: a) $1,125.00 per month towards the purchase of health care benefits for Employee Only; b) $1,450.00 per month towards the purchase of health care benefits for Employee Plus One Dependent; and c) $1,939.00 per month towards the purchase of health care benefits for Employee Plus Two or More Dependents. For the term of this agreement only, health contributions shall be benchmarked at the Kaiser rates.
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 Resolution.
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 ar e 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 Resolution 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 Resolution 2026-001
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for Employee + Family 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.
The City's contributions for health care benefits are available to Executives for the purchase of medical, dental, vision, life and accidental death and dismemberments through City selected plans. The amount of the City's contributions is based upon the "medical" enrollment category, i.e., Employee Only, Employee Plus One or Employee Plus Family For example, if an employee elects "employee only" medical coverage, then the "employee only" allowance will be contributed. Any City contributions not used by an employee for health benefits will revert to the City; however, if an employee selects a medical plan (Employee Only, Employee Plus One or Employee Plus Family), any additional contributions beyond the amounts identified above may be contributed toward additional life insurance or a City-provided deferred compensation plan.
Health Insurance Waiver Stipend: Any Executive 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 $4,000 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.
8. Life and Accidental Death & Dismemberment ( AD&D} Insurance. The City shall provide Term Life and Accidental Death & Dismemberment Insurance of one time the employees' annual salary.
9. Holidays. Executives shall be entitled to holiday leave equivalent to one hundred thirty-five (135) holiday hours each year for those Executives working a 5/8 or 9/80 work schedule and one hundred forty -eight (148) holiday hours each year for those Executives working on a 4/10 work schedule. Thirteen (13) City designated holidays shall include:
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New Year's Day
Martin Luther King, Jr. Day
Presidents’ Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
On January 1st of each year that this Resolution is in effect, all Executives will receive an additional eighteen (18) hours of holiday leave ("Floating Holidays"). Executives 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 1.5 hours per month, based on their hire date. For example, a new employee hired on July 1 of a calendar year shall receive nine (9) hours of floating holiday leave.
A maximum of 126 hours may be carried over annually for Executives working a 5/8 or 9/80 work schedule; or 138 hours for Executives working a 4/10 work schedule.
On June 30
th any holiday bank hours exceeding 126 or 138 hours will be eligible for sell back.
On or about November 30 th of each calendar year, the City Manager shall determine, and the Human Resources Director will distribute the schedule of specific days that the thirteen (13) designated holidays will be observed for the next calendar year. At the time of separation from employment, Executives will receive a payout of 100% for all accrued but unused post-petition holiday pay.
10. Jury Duty. The City will pay for all working days in a calendar year of a covered employee who is required to serve on jury duty.
11. Administrative Leave. Non-Public Safety E xecutives shall receive 80 hours of Administrative Leave each fiscal year that this Resolution is in effect. Public Safety Executive shall receive one hundred twenty (120) hours of Administrative Leave each fiscal year that this Resolution is in effect. On June 30th of each year, any unused Administrative Leave up to twenty (20) hours will be automatically carried over to the Resolution 2026-001
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following fiscal year. Additional administrative leave may be granted at any time during a fiscal year, up to a maximum of twenty (20) hours, with a request in writing, including justification, recommended by the City Manager. Administrative Leave has no cash value and shall not be paid out at any time.
Executives who are hired into this unit after July 1 of the fiscal year shall receive a prorated number of Administrative Leave hours based on their hire date. For example, a new non-public safety Executive hired on January 1 of that fiscal year shall receive forty (40) hours of administrative leave. Executives who are promoted into this unit from a unit that also receives administrative leave shall receive a prorated amount of administrative leave based on their hire date into this unit. For example, an e mployee who is in a unit that receives forty (40) hours of administrative leave and is hired into this unit on January 1 shall receive an additional twenty (20) hours of administrative leave for a total of sixty (60) hours that fiscal year.
12. Sick and Vacation Hours Upon Hire . To attract highly qualified and experienced staff, Executives shall receive one hundred twenty (120) hours of Vacation and eighty (80) hours of Sick Leave upon hire.
13. Vacation Leave.
Executives shall accrue vacation each pay period based on the following chart:
Completed Years of
Continuous
Service**
Rate of Accrual
Per Pay Period
Equivalent
Hours Per Year
1 Year 4.615 hours 120 hours
5 Years 5.769 hours 150 hours
10 Years 7.307 hours 190 hours
15 Years+ 7.6923 hours 200 hours
*Vacation may be used upon completion of 1040 paid hours. **Vacation accrual rate is based on total years of continuous service with the City.
Executives may accrue a maximum of 540 hours of vacation. Once the maximum accrual has been reached, Executives may not accrue any additional hours until their vacation balance falls below 540 hours.
In the event an employee works less than fifty percent (50%) of the total normal work Resolution 2026-001
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hours in a pay period, he/she shall not be credited with any vacation leave for such pay period. Approved vacation, sick, holiday, and administrative leave shall be considered as time worked for this item only.
When an employee resigns or otherwise leaves the service of the City, payment shall be made to the employee for the earned portion of their post-petition vacation hours at the hourly rate of pay on the date of separation
Vacation Sell Back. Executives may sell back up to eighty (80) hours of post - petition vacation time annually providing the following conditions have been met:
1. Employees must have a minimum of one hundred twenty (120) hours remaining in their vacation balance after the sell back occurs;
2. Employees must complete a Sell Back form, which must include the signature of the City Manager or designee;
3. Sell Back Forms must be submitted to the Finance Department on or before November 1st each year this Resolution is in effect; and,
4. Payment for vacation sell back hours will be made (using the current Council approved salary rates in the Salary Resolution) on the employee's first paycheck in December each year.
14. Executive Leave.
To attract and retain highly qualified and experienced level employees, Executives shall accrue Executive Leave at the rate of 8.46 hours per pay period (220 hours or
5.5 weeks annually). Maximum accrual shall not exceed a total of 880 hours.
When an Executive resigns or otherwise leaves the service of the City, payment shall be made to the employee for the earned portion of their Executive Leave at the hourly rate of pay on the date of separation.
Executive Leave Sell Back. Executives may sell back up to one hundred ten (110) hours of Executive Leave annually providing the following conditions have been met:
1. Executives must have a minimum of one hundred ten (110) hours remaining in their Executive Leave balance after the sell back occurs;
2. Executives must complete a sell back form, which include s the signature of the City Manager's approving the sell back; and
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3. Forms must be submitted to the Finance Department within the first quarter of each year this Resolution is in effect.
Payment for Executive Leave sell back hours will be paid based on the Council approved salary rates at the time of the sell back on the first available pay date.
Public Safety Executive Leave Sell Back. Upon completion of three (3) years of service with the City, Executives will sell back all Executive Leave in excess of 440 hours, which will be contributed to the City’s 401(a) plan. The sell back will occur within the first quarter of each year for all accrued hours in excess of 440 hours.
Payment for Executive Leave sell back hours will be paid based on the Council approved salary rates at the time of the sell back.
When a Public Safety Executive resigns or otherwise leaves the service of the City, payment shall be made to the employee for the earned portion of their executive Leave as follows: 30% paid in cash; and 70% shall be contributed to the City’s 401(a) plan at the hourly rate of pay on the date of separation.
15. Sick Leave.
a. Executives who are covered by this Resolution shall accrue paid sick leave at a rate of ninety-six (96) hours per year, 3.6923 hours per pay period. Such paid sick leave may be used for employee or family illness or for medical reasons or other reasons provided under the City's Paid Sick Leave Policy (AB 1522), adopted by the Mayor and City Council on June 18, 2015, by Resolution 2015-116. Executives may accrue a maximum of 1040 hours of sick leave.
b. In the event an employee works less than fifty percent (50%) of the total normal work hours in the pay period, he/she shall not be credited with any sick leave for such pay period. Approved vacation, sick leave, holiday, or administrative leave shall be considered as time worked for the purpose of computing sick leave benefits only. Whenever an employee uses all allowable sick leave, further absences may be charged against accrued vacation or with department head approval, the employee may take loss of pay rather than vacation.
c. Sick leave means the absence from duty of an employee because of illness or injury, exposure to contagious disease, attendance upon a member of their immediate family who is seriously ill and requires the care of or attendance of an employee, or death in the immediate family of the employee. Immediate family means: husband, wife, grandmother, grandfather, mother, father, sister, brother, Resolution 2026-001
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son or daughter, mother -in-law, father-in-law, sister-in-law, brother-in-law, son- in-law or daughter-in-law, stepmother, stepfather, or domestic partner.
d. Upon the City Manager's request, an employee must provide a physician's statement to justify sick leave usage of five (5) consecutive days or longer.
Employees suspected of abuse of excessive use of sick leave may also be required to furnish a written statement from their health care provider supporting the use of sick leave and/or the ability to return to work.
e. No absence due to illness or injury in excess of five (5) working days shall be approved except after the presentation of satisfactory evidence of illness or injury; namely a certificate from a practicing physician or an authorized practicing chiropractor approved by the City Manager or their designee. The City Manager or their designee shall have the power to require that any person claiming the sick leave benefits of this resolution be examined at any reasonable time or intervals by the City's designated physician, and in the event of an adverse report to reject such claim for sick leave, in whole or in part, and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the City Manager or their designees may terminate sick leave compensation and reject any claim thereof. The City Manager or their designee shall have the right to require the presentation of a certificate.
f. At the time of separation, any employee having six (6) or more years of service, may cash out unused post -petition sick leave as follows: 1) 288 hours or less, no cash out; 2) 289- 479 hours= 20% of the total accrued hours; 3) 480- 959 hours= 25% of the total accrued hours; and, 4) 960 or more accrued hours= 35%.
16. CalPERS Retirement.
Executives are provided retirement benefits under the California Public Employees' Retirement System (CalPERS) as follows:
Non-Safetv Emplovees:
Tier I: Employees hired on or before October 3, 2011 shall receive a 2.7% @ 55 retirement benefit;
Tier II: CalPERS "Classic Members" hired on or after October 4, 2011 shall receive a 2%@ 55 retirement benefit;
Tier III: CalPERS "New Members" hired on or after January 1, 2013 shall receive a 2% @ 62 retirement benefit in accordance with the Public Employees' Pension Reform Act of 2013 (PEPRA).
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Employee Share. Effective 2/1/2013, all Tier I and Tier II employees shall pay the employee's share of the retirement contribution, either 8% for the 2.7@ 55 formula or 7% for the 2%@ 55 formula. Effective 1/1/2013, Tier III employees shall pay the employee contribution required by the PEPRA, calculated at 50% of the normal cost.
Employer Share. Effective 2/1/2013, all employees shall contribute 9.304% (either
1.304% or 2.304% depending on whether the employee rate is 8% or 7%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code.
The City will pay the employer contribution for the Fourth Level 1959 Survivor Benefit.
For Tier I and II employees, the final compensation retirement calculation shall be based upon their single highest year of compensation earnable as provided under Section 20042 of the California Government Code. The compensation earnable period for Tier III PEPRA employees will be three years.
PEPRA laws and regulations shall govern a determination of whether employees are hired as "new members" or "classic or legacy" members.
Safety Employees:
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 III: CalPERS "New Members" hired between 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.
CalPERS ''New Members" hired on or after January 1, 2016 shall receive a 2.5% @ 57 retirement benefit in accordance with PEPRA.
Contributions/Cost Sharing. Classic employees as defined under CalPERS law shall contribute 12% (9% employee share and 3% employer share). PEPRA employees shall contribute 50% of the normal cost as defined under the Act.
17. Personnel Rules.
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Executives shall be subject to the City's Personnel Rules unless such provisions conflict with at-will status.
18. Wellness Benefit.
Executives are eligible to receive a taxable wellness/physical benefit of $250.00/year during each calendar year that this Resolution is in effect. This amount does not roll over to the next calendar year and any amounts not used by December 31 st shall be forfeited. Employees have until March 31 st of the following calendar year to turn in receipts from the prior year. Employees who make an authorized expense in a calendar year that exceeds the maximum amount in that year, such as, but limited to, a multi-year gym membership, may utilize that receipt in the following year(s) to justify the expense in that successive year (s), provided the excess amount does not exceed the maximum amount. All reimbursement requests must follow the guidelines and shall be made on forms provided by the Human Resources Department.
19. Performance Evaluations.
Performance evaluations and any corresponding merit pay increases will be administered through the provisions of the City's Employee Evaluation Uniform Policy.
20. Department Head Allowance.
An Executive may be reimbursed up to fifty dollars ($50) per month to cover work related employee events such as lunches, department celebrations, employee recognitions, and other events and functions. The allowance shall not accumulate from month to month. Requests for reimbursement shall be submitted to the Finance Department on prescribed forms.
21. Bankruptcy Provisions/Release of Claims/Pre-Petition Leave Balances.
Section 9 of Resolution No. 2015-242 Pre-Petition Leave Balances and Appendix A to Resolution No. 2015-242 Bankruptcy Provisions and Release of Claims shall continue to be in effect and are incorporated herein to this Resolution.
22. Termination/Severance.
If the City Manager desires to terminate employment of an Executive without cause, during which time the Executive is willing and able to perform the functions and duties set forth in the respective Job Classification, then the City Manager agrees to provide Executive with severance pay representing six (6) months' base salary or the monthly base salary multiplied by the number of months remaining on Executive's term of employment, whichever is less. This severance payment shall be the only form of severance available to such executives. Receipt of any severance payment is conditioned upon the Executive executing a release and waive of any and all potential claims against the City in a form similar to the release contained in Exhibit 'A'.
23. Separation for Cause.
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As "at will" employees, nothing within this resolution can be construed to create a property interest in the respective positions. Executives will be disqualified from receiving Severance Pay if: (1) Executive refuses or fails to act in accordance with any specific direction or lawful order of the City Manager; (2) Executive commits an illegal act; or (3) Executive commits an act involving moral turpitude.
24. Voluntarv Separation of Citv Service.
Executives may voluntarily resign from their positions after: (1) Giving the City Manager at least thirty (30) days written notice prior to the effective date of such resignation; or (2) Executives shall provide at least ninety (90) days written notice prior to the effective date of resignation to qualify for any portion of the Executive Leave at separation from City service; and (3) In the event of resignation, the Executive shall not be entitled to any Severance Pay.
25. Cellular Phone.
The City shall provide Executives with a cellular phone for City business. All data and information stored on the phone, including but not limited to records of calls made and received, voice mail messages, and text message may be considered public records pursuant to the California Public Records Act.
26. Indemnification.
The City shall defend, hold harmless and indemnify Executive against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the performance of City Manager's duties or resulting from the exercise of his judgment or discretion in connection with the performance of their respective duties, unless the act or omission involved unlawful conduct. The City shall not unreasonably refuse to provide for legal representation at City's expense. Legal representation, provided by the City, shall extend until a final determination of the legal action including any and all losses, damages, judgment, interests, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys' fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by such Executive in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of Executive's duties.
The City agrees to pay all reasonable litigation expenses of City Manager throughout pendency of any City-related litigation to which the Executive is a party, witness or advisor to the City. Such expense payments shall continue beyond Executive's employment with the City as long as litigation is pending. Post-employment, City agrees to pay Executive for reasonable consulting fees, travel expenses and other costs, when City Manager serves as a witness, advisor or consultant to City regarding pending litigation.
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SECTION 2. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 3. The wages, hours and working conditions for Executive employees, as incorporated in the Compensation and Benefits Plan is hereby approved through June 30, 2028.
SECTION 4. The City Manager is authorized to implement the terms and conditions of the resolution for Executive employees and amend the employment agreement with the Chief of Police subject to the terms and conditions set forth herein.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21
st day of January 2026.
_____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
________________________________
Telicia Lopez, CMC, City Clerk
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Approved as to form:
___________________________________
Sonia Carvalho, City Attorney
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R
esolution 2026-001
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Telicia,
CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-001, adopted at a regular meeting held on the 21st day of January 2026, by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
W
ITNESS my hand and official seal of the City of San Bernardino this 21st day of January 2026. _____________________________________
Telicia Lopez, CMC, City Clerk
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Exhibit "A"
GENERAL WAIVER AND RELEASE.
I, the undersigned, do hereby acknowledge and attest that I have read and understood my Executive Agreement with the City of San Bernardino and hereby agree that by accepting Severance Pay, I agree to waive all rights to further claims, remedies, or legal action against the City of San Bernardino its officers and employees.
In exchange for receipt of the Severance Pay, and all other salary and benefits owing, I and my representatives, heirs, successors, and assigns do hereby completely release and forever discharge the City of San Bernardino and its related entities and their present and former officers, directors, council members, agents, employees, attorneys, and successors (collectively, "Release Parties") from all claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character, known and unknown, mature or unmatured, which I may have now or in the future arising from any act or omission or condition occurring on or prior to the date this General Waiver and Release is signed whether based on tort, contract (express or implied), or any federal, state, or local law, statute, or regulations (collectively, the "Released Claims"). Released Claims shall also include, but not be limited to, claims for wages or other compensation due, severance pay, bonuses, sick leave, vacation pay, life or health insurance, or any other fringe benefit. This General Waiver and Release specifically releases and waives any and all claims arising out of my employment and separation from employment with the City of San Bernardino, including but not limited to claims arising under the California Family Rights Act ("CFRA"), the California Constitution, federal Title VII of the Civil Rights Act of 1964, as amended, the federal Age Discrimination in Employment Act ("ADEA''), the federal Equal Pay Act ("EPA"), the federal Americans with Disabilities Act ("ADA"), the federal Fair Labor Standards Act ("FLSA"), the federal Family and Medical Leave Act ("FMLA"), tort and contract claims, privacy claims, and any other applicable local, state, federal or other laws that may apply.
I knowingly and voluntarily waive any and all rights or benefits that I may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
I acknowledge that I have read and understand this waiver and voluntarily and knowingly am waiving rights under Section 1542 to pursue unknown or unanticipated claims, rights, demands, actions, obligations, liabilities, and causes of action of any kind that may have materially affected this General Waiver and Release.
Unless otherwise required by law, I shall not file any claim, sue or initiate an action against any Released Party or participate in any compliance review, action, or proceeding, individually or as a Resolution 2026-001
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Resolution 2026-001
member of a class, under any contract (express or implied), or any local, state, federal law, state, or regulation pertaining in any manner to the Released Claims.
By signing this Agreement, I certify that Executive has read all of this Agreement, understands its terms and conditions, and knowingly and voluntarily consents to such terms. Employee acknowledges that the Company has advised Executive in writing to consult with an attorney before signing this Agreement. Employee certifies that Employee has been given at least twenty- one (21) days to consider this Agreement, and that Employee's signature below indicates either that Employee has taken twenty -one (21) days to consider this Agreement or has knowingly and voluntarily waived some or all of this consideration period. In addition, Employee has seven (7) days from the date of signing this Agreement to revoke the Agreement, after which the Agreement will become final and binding (which shall be deemed the "Effective Date" of this Agreement). If Employee does not execute and return this Agreement upon expiration of the twenty-one (21) day period, the Agreement and any severance payment offer it contains shall be deemed rescinded and no longer offered to Employee.
Approved and Agreed to by:
City Manager Date:
City of San Bernardino Date:
Resolution 2026-001
January 21, 2026
Resolution 2026-001
Exhibit "B"
Wellness/Fitness Benefits Table (All Require Pre-Approval for Reimbursement) Benefit Description Notes
Health club memberships to
pursue or maintain personal
health and physical fitness
Offsite health clubs
Physical fitness/exercise classes
Locations within San Bernardino
County or county of residence
Recreational classes, sport
lessons, nutrition
Includes personal training and
entire individual coaching
Fees for individual employee
Fee for team or family members
excluded
Entry, registration, participation
and league fees
Includes fees for participation in
group, team or league sporting
activities
Fees for individual employee
participating on a team only
Fee for entire team or family
members excluded
Physical fitness products and
equipment
For use outside the workplace
Reimbursement based on
current accrued balance
No advance on excess costs
Weight reduction programs to
improve general health or as
treatment for a specific disease
Exercise programs
Diet management programs
Stress reduction programs
Excludes food, food preparation
equipment and food and
nutritional supplements,
medications and residential
dietary/weight loss programs
Smoking cessation programs
Smoking cessation programs
Patches
Stress reduction programs
Coverage is for programs not
covered or offered by your
health plan.
No electronic cigarettes or
similar options
Health and wellness promotion
and education
Classes and educational
programs with primary focus to
improve health and wellness
Wellness workshops, on- line
training; includes meditation,
massage and acupuncture
Classes and educational
programs may include family
members if attending with
employee; family members
excluded from fees for services
(massage, acupuncture, etc.)