Agenda packet — Mayor and City Council, February 4, 2026 (part 1 of 4)

Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO
AGENDA

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

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

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

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

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

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

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY

WEDNESDAY, FEBRUARY 04, 2026
3:30 PM - CLOSED SESSION 5:00 PM - OPEN SESSION
NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG

Theodore Sanchez Helen Tran

Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Eric Levitt
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa

Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett

Telicia Lopez
COUNCIL MEMBER, WARD 4 CITY CLERK
Kim Knaus

MAYOR PRO TEM, WARD 5
Mario Flores

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

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 998-2680 TWO

WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR

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

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

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

CALL TO ORDER

Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Mayor Pro Tem, Ward 5 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
Mayor Helen Tran
City Manager Eric Levitt
City Attorney Sonia Carvalho
City Clerk Telicia Lopez

3:30 P.M.

CLOSED SESSION PUBLIC COMMENT

CLOSED SESSION

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): pg. 14
i.) Treasure Ortiz v. City of San Bernardino, et al , United States District Court Case No. 2:25-cv-10650
ii.) Daniel Diaz Gomez v. City of San Bernardino, et al., United States District Court Case No. 5:25-cv- 01012
iii.) Jesus Ivan Uribe v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2428941
B) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): (1) Case
C) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957)
Title: City Manager
D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) – Discuss Sale of Property Property: 300 North E Street
City Negotiator: City Manager or Designee
Negotiating Parties: Enterprise Technology Alliance, Inc.

Under Negotiations: Price and Terms
Mayor and City Council of the City of San Bernardino Page 3 5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PRESENTATIONS

1. Proclamation of Black History Month in the City of San Bernardino – February 2026 (All Wards) pg. 15

PUBLIC HEARING

2. Introduce for First Reading Ordinance No. MC -1660 Adopting a Regulatory Program for Short Term Rentals, or Introduce for First Reading Ordinance No. MC-1661 Banning Short Term Rentals in the City of San Bernardino (All Wards) pg. 17
Recommendation:

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

1. Hold a Public Hearing; and

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

MC-1660 of the Mayor and City Council of the City of San Bernardino, California, adopting a regulatory program which would amend Section

19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) for short-term and vacation rentals in the City of San Bernardino; or

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

MC-1661 of the Mayor and City Council of the City of San Bernardino, California banning Short Term and Vacation Rentals in residential zones in the City of San Bernardino; or

4. Take no action on the matter.

CITY MANAGER UPDATE
Mayor and City Council of the City of San Bernardino Page 4

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA We ask that you please observe proper decorum, and do not speak out of turn or make comments from your seat. If you wish to address the Mayor and City Council please be sure to submit a speaker slip. If you speak out of turn or disrupt the meeting a warning may be given and/or you will be asked to leave the meeting pursuant to Government Code Section 54957.9 and Penal Code 403.

CONSENT CALENDAR
Items on the Consent Calendar are Considered Routine and are Voted on in a Single Motion Unless the Mayor and City Council or a Staff Member has Pulled the Item for More Discussion.

3. Authorization to Terminate Month- to-Month Lease Agreement Between the City of San Bernardino and Casa Ramona, Inc. for Off -Site Animal Shelter Operations Located at 1543 W. 8th Street, San Bernardino (Ward 1) pg. 96 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-007;

1. Authorizing the City Manager to terminate the Lease Agreement with Casa Ramona, Inc. for the property located at 1543 W. 8th Street, San Bernardino, California, which was intended to serve as a Satellite Animal Shelter for pet adoptions on behalf of the City of San Bernardino, terminating the previously approved but not fully executed lease agreement that extended the lease term for five years through September 30, 2030, with a month- to-month conversion at the end of the term.

4. Approval of Various Mayor and City Council Meeting Minutes pg. 131 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. August 17, 2022 Regular Meeting Draft Minutes

2. December 17, 2025 Special Meeting Draft Minutes

3. December 17, 2025 Regular Meeting Draft Minutes

5. Event Fee Waiver in the amount of $5,452.81 for the Martin Luther King Day Parade at 624 W. 4th Street (490 W. 4th Street) APN:0134- 111-35 (Ward 1) pg. 166
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California, authorize the City Manager to waive fees in the amount of $5,452.81 in accordance with Chapter 3.13 ( Waiver or Refund of Fees for a Charitable Organization) of the City’s Municipal Code for the Martin Luther King Day parade event held on January 19, 2026 at 624 W. 4th Street (490 W 4th street Shopping Center), APN: 0134-111-35.

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

6. Event Fee Waiver in the amount of $9,297.09 for The Black History Parade at 1480 W. 11th Street and 1881 W. Baseline Street (Ward 6) pg. 239 Recommendation:
is recommended that the Mayor and City Council of the City of San Bernardino California, authorize the City Manager to waive fees in in the amount of $9,297.09 pursuant to Chapter 3.13 ( Waiver or Refund of Fees for a Charitable Organization) of the City’s Municipal Code for the Black History Parade event taking place on February 7, 2026 located at 1480 W. 11th street (Graciano Gomez Elementary) and ending with a cultural exposition at Arroyo Valley High School located at 1881 W. Baseline Street.

APNs: 0139-061-25 and 0139-012-33.

7. Adoption of Ordinance No. MC – 1659 Development Code Amendment 25-11 (Accessory Dwelling Unit 2025 Legislative Update) – 2nd Reading (All Wards) pg. 260
Recommendation:

19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with 2025 changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).

8. Adopt Amended Resolution No. 2026-008 Declaring 21 City-Owned Properties as Exempt Surplus Land to Incorporate HCD -Requested Language (Wards 1 and 2) pg. 283
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt an Amended Resolution No. 2026- 008, which supersedes the previously adopted Resolution No. 2025- 362, to incorporate additional clarifying language requested by the California Department of Housing and Community Development (HCD):

1. Declaring 21 City-owned properties, identified by the following Assessor Parcel Numbers: 0140-134-06, 0140-222-02, 0134-131-36, 0134-131-37, 0134-131-28, 0145-242-32, 0145-242-33, 0146-193-17, 0273-171-01, 0146-053-27, 1191-031-29, 1191-031-27, 1191-031-18, 1191-031-19, 1191- 051 -38, 1191- 051- 42, 1191- 051- 44, 1191- 051- 45, 1191- 051- 48,1191-051-66,and1191-051-24, as exempt surplus land pursuant to Government Code Section 54221(f)(1)(B); confirming, as clarified per HCD guidance, that the properties are not subject to the notice of availability or negotiation requirements of the Surplus Land Act; and

2. Authorizing the City Manager to proceed with the disposition process in accordance with applicable law; and reaffirming that the action is exempt from CEQA for the disposition of City-owned properties.

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

9. Authority to Execute a Charging Station Site License Agreement Between the City of San Bernardino and Veteran Energy Services Company (VESCO) for Electric Vehicle Charging Stations at Feldheym Library (Ward 1) pg. 344 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute the Charging Station Site License Agreement for a 10-year term with the option to renew for an additional one (1) to ten (10) years, and any subsequent amendments, subject to the review and approval by the City Attorney as to form.

10. Receive and File the City’s Annual Comprehensive Financial Report for the Year Ended June 30, 2025 (All Wards) pg. 371
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the City’s Annual Comprehensive Financial Report (ACFR) for the Year Ended June 30, 2025.

11. Approve Administrative Corrections to Previously Adopted Salary Schedules; and Adopt Corrected Salary Schedules pg. 623
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-009:

1. Approving administrative corrections to previously adopted salary schedules; and

2. Adopting the corrected Salary Schedule for Part -Time, Temporary, and Seasonal Positions effective 1/1/2026, and Citywide salary schedules effective 7/1/2022, and 1/5/2026.

12. Authorize Frontier Communications to Relocate Public, Education, and Government (PEG) Access Line Infrastructure from 300 North D Street to 201 North E Street and Execute a 60-Month Frontier Service Agreement in an amount not to exceed $76,534.20 (All Wards) pg. 647
Recommendation:

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

1. Authorize Frontier Communications to perform the necessary infrastructure work within the public right -of-way to relocate the dedicated PEG Access Line from 300 North D Street to the facility at 201 North D Street.

2. Authorize the City Manager or Designee to execute an Agreement with Frontier Communications of America, Inc., for a 60- month term beginning February 06, 2026, and ending February 03, 2031, in a total contract amount not to exceed $76,534.20.

3. Authorize the Director of Finance and Management Services to execute a purchase order with Frontier Communications of America, Inc. to facilitate payment for these services.

Mayor and City Council of the City of San Bernardino Page 7

13. Approve Amendment No. 2 to the Design Services Agreement with IDS Group, Inc. for the Speicher Park Ballfields Project in the amount of $206,626 and approve additional contingences in the amount of $11,000 (Ward 2) pg. 662 Recommendation:

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

1. Approve Amendment No. 2 to the Design Services Agreement with IDS Group Inc, Inc. in the amount of $206,626 for the Speicher Park Ballfields Project (Project), and authorize additional contingencies for unforeseen conditions in the total amount of $11,000, increasing the total contingency budget from $39,000 to $50,000, increasing the total not to exceed amount to $646,748, and extending the term through July 31, 2027; and,

2. Authorize the City Manager or designee to execute all documents with IDS Group Inc.; and

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

14. Award Professional Design Services Agreement for the Jerry Lewis Family Swim Center Improvements Project to Rogers Stringer & McClelland, Inc. in the Amount of $76,000, and Contingency of $24,000 for a Total Amount of $100,000 (Ward 2) pg. 754
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 Rogers Stringer & McClelland, Inc. in the amount of $76,000 for the Jerry Lewis Family Swim Center Improvements Project; and

2. Authorize a contingency amount of $24,000, bringing the total budget for the design services agreement to $100,000; and

3. Authorize the City Manager or designee to execute all documents with Rogers Stringer & McClelland, Inc.; and

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

Mayor and City Council of the City of San Bernardino Page 8

15. Approve Increase of Contingency Budget for the Task Order with Rick Engineering Company for Engineering Design Services for the Navigation Center in the Amount of $100,000 for a Total Contingency Budget of $150,000 (Ward 1) pg. 821
Recommendation:

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

1. Authorize the increase of contingency budget for the Task Order with Rick Engineering Company for engineering design services for the Navigation Center (Project) in the amount of $100,000 from the previously allocated Homeless Housing, Assistance and Prevention (HHAP) funds, increasing the total contingency budget to $150,000; and

2. Authorize the City Manager or designee to execute all documents with Rick Engineering Company; and

3. Authorize the City Manager to expend the contingency fund, if necessary, to complete the Project.

DISCUSSION

16. Amendment No. 3 to the Motel Voucher Program Professional Services Agreement with PA-AN, Inc. and Namaste Sitiye, Inc. (All Wards) pg. 841 Recommendation:

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

1. Authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with PA-AN, Inc. and Namaste Sitiye, Inc., extending the term, increasing the not to exceed amount, and revising the terms of the agreements to ensure continuity and support continued effective implementation of the Motel Voucher Program; and

2. Authorize the City Manager, or their designees, to take any further actions and execute any further agreements or documents as necessary, including minor and substantive changes, after review by the City Attorney, as necessary to effectuate the implementation of the Motel Voucher Program.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on February 18, 2026 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

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

CERTIFICATION OF POSTING AGENDA

I, Telicia Lopez, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the February 4, 2026, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401 at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Friday, January 30, 2026.

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

Telicia Lopez, CMC, City Clerk

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

In accordance with Resolution No. 2018-89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

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

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

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

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

Rule 5. Time Limits:

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

Mayor and City Council of the City of San Bernardino Page 11

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

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

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. (Must provide a minimum of 15 copies)

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

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

Mayor and City Council of the City of San Bernardino Page 12 ALTERNATE MEETING VIEWING METHOD:

If there are any technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning, you may view the meeting from the following location (TV3).

reflect-sanbernardino.cablecast.tv/internetchannel?site=1&channel=6

PUBLIC COMMENT OPTIONS

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

Written comments can be emailed to [email protected]. Written public comments received up to one hour and thirty minutes before the posted start time of the meeting, on
the meeting day will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup .

Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically less than one hour and thirty minutes before the posted start time will not be accepted.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909-998-2680 or [email protected] for assistance outside of this timeframe. Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting.

MEETING TIME

NOTE: Pursuant to Resolution No. 2024-029, adopted by the Mayor and City Council on February 21, 2024:

“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began.

At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M. to discuss specified items.”
Mayor and City Council of the City of San Bernardino Page 13

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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: February 02, 2026
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney's Office
Subject: CLOSED SESSION
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Treasure Ortiz v. Cit y of San Bernardino, et al, United States District Court Case No. 2:25-cv-10650
ii.) Daniel Diaz Gomez v. Ci ty of San Bernardino, et al., United States District Court Case No. 5:25-cv-01012
iii
.) Jesus Ivan Uribe v. Ci ty of San Bernardino, et al., San Bernardi no Superior Court Case No. CIVSB2428941

B) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): (1) Case C) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957)
Title: City Manager
D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) – Discuss Sale of Property i) Property: 300 North E Street
City Negotiator: City Manager or Designee
Negotiating Parties: Enterprise Technology Alliance, Inc.

Under Negotiations: Price and Terms
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation of Black History Month in the City of San Bernardino – February 2026 (All Wards)

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PROCLAMATION OF THE

MAYOR AND CITY COUNCIL
PROCLAIMING FEBRUARY 2026, AS

BLACK HISTORY MONTH IN

THE CITY OF SAN BERNARDINO
WHEREAS, the City of San Bernardino proudly recognizes Black History Month each February as a time to honor the rich history, culture, achievements, and enduring contributions of African Americans to our city, our state, and the United States of America; and
WHEREAS, African Americans have played a vital role in shaping the social, cultural, economic, and political foundations of our nation, often overcoming systemic barriers and injustice through resilience, leadership, innovation, and service; and WHEREAS, Black History Month provides an opportunity for reflection, education, and celebration of the individuals and organizations whose work continues to advance equity, opportunity, and prosperity for future generations; and WHEREAS, the Southern California Black Chamber of Commerce has served as a powerful advocate for Black-owned businesses, entrepreneurs, and professionals by promoting economic empowerment, business development, job creation, and generational wealth throughout Southern California; and WHEREAS, through strategic partnerships, advocacy, mentorship, and community engagement, the Southern California Black Chamber of Commerce strengthens local economies and uplifts underserved communities, including those within the City of San Bernardino; and
WHEREAS, the City of San Bernardino is committed to fostering an inclusive business environment that values diversity, supports minority-owned enterprises, and recognizes organizations that contribute meaningfully to economic equity and community well-being; NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City Council of the City of San Bernardino, do hereby proclaim the month of February 2026 as Black History Month in the City of San Bernardino and commend the Southern California Black Chamber of Commerce for its outstanding leadership, service, and dedication to empowering Black businesses and strengthening our regional economy. The City of San Bernardino encourages all residents to observe Black History Month by celebrating African American history and culture and by supporting the organizations and leaders who continue to build a more just, inclusive, and prosperous community for all.

Presented on this 4th day of February 2026

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Introduce for First Reading Ordinance No. MC-1660 Adopting a Regulatory Program for Short Term Rentals, or Introduce for First Reading Ordinance No. MC-1661
Banning Short Term Rentals in the City of San Bernardino (All Wards)
Recommendation:

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

1. Hold a Public Hearing; and

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

MC-1660 of the Mayor and City Council of the City of San Bernardino, California, adopting a regulatory program which would amend Section

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

MC-1661 of the Mayor and City Council of the City of San Bernardino, California banning Short Term and Vacation Rentals in residential zones in the City of San Bernardino; or

4. Take no action on the matter.

City Manager's Comments
Community Development staff has provided two possible ordinances based on previous City Council action and the Planning and Zoning Commission recommendation.

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In addition, the City will initiate charging TOT to short term rentals consistent with the current TOT regulations.

Executive Summary
At the Planning Commission meeting of December 9, 2025, the Commission, by a unanimous vote of the members present (one Planning Commissioner was absent), rejected a Resolution and Development Code Amendment that would have banned short term rentals in the City’s residential districts.

The Commission concluded that regulating short term rentals is more beneficial to the city’s enforcement efforts because regulation will require fees to be paid for the registration and operation of these facilities. The fees generated will also help boost the City’s General Fund.

Background
The City of San Bernardino has received numerous complaints about residents leasing their residential properties to travelers and for weekend retreats as short-term vacation rentals. Common complaints assert that the rentals cause conditions that degrade the quality of residential neighborhoods. These conditions include noise, disturbances, parking problems, property damage, and litter (amongst other things).

The City’s Municipal Code (SBMC) does not specifically address short-term vacation rentals. However, a commercial use is generally prohibited in residential zones, unless specifically permitted. Because the SBMC does not expressly prohibit short-term vacation rentals, the issue of the SBMC’s intent is disputed by residential property owners who wish to lease to tourists and/or retreatants for short stays.

On December 12, 2023, the Planning Commission, by a unanimous vote, adopted Resolution No. 2023-043PC forwarding a recommendation (Attachment C) that the Mayor and City Council approve Development Code Amendment 23-01, amending Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino. The Planning Commission also found that Development Code Amendment 23-01 was exempt from review under the California Environmental Quality Act.

On February 21, 2024, staff had presented Development Code amendment 23-01 (Short-Term Rental Program) to the Mayor and City Council, with a recommendation to adopt a Short-Term vacation rental program and approve Development Code Amendment 23-01 amending Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino. Staff also recommended scheduling adoption of Ordinance No. MC-1628 for the July 3, 2024, City Council meeting.

On June 5, 2024, when the item was brought back to the City Council as directed, the Council, by a narrow majority, banned short term rentals in the city and requested that

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staff bring back an enforcement plan.

On December 9, 2025, staff presented a Resolution to the Planning Commission banning short term rentals and Development Code Amendment 2025-059 providing the mechanism to adopt the ban. However, the Planning Commission rejected the ban and adopted a modified Planning Commission Resolution 2025-059 memorializing their decision.

Discussion
Definition
A Short-Term Rental (STR) refers to a residential dwelling unit, that is offered or provided to a paying guest by a short-term rental operator for thirty (30) or fewer consecutive nights. The term "short-term rental" only applies to residentially zoned properties and does not include a hotel, motel, inn, or bed and breakfast inn.

Statewide STRs are a part of California’s tourism market, but when left unregulated, they can lead to unwanted negative effects, such as excessive noise and parking problems within existing residential neighborhoods. As such, many communities have recently adopted or proposed restrictions on STRs. Restrictions can include establishing designated areas for STRs, limiting the number of days a year a property can be rented, or banning STRs entirely.

San Bernardino has received numerous complaints about residents leasing their residential properties to travelers and for weekend retreats as short-term or vacation rentals. Common complaints assert that the rentals cause conditions that degrade the quality of residential neighborhoods. These conditions include noise, disturbances, parking problems, property damage, and litter (amongst other things).

The City of San Bernardino does not currently have an ordinance that expressly regulates STRs and has experienced the negative effects of excessive noise, parking problems and discarded trash on surrounding properties, resulting in numerous complaints, creating a threat to the public interest, health, safety, convenience, and welfare of the community.

The City’s Municipal Code (SBMC) does not specifically address short-term or vacation rentals. However, a commercial use is generally prohibited in residential zones, unless specifically permitted. Because the SBMC does not expressly prohibit short-term or vacation rentals, the issue of the SBMC’s intent is disputed by residential property owners who wish to lease to tourists and/or retreatants for short stays.

The convenience and marketability of online short term and vacation rental websites such as Airbnb.com and Homeaway.com have encouraged City property owners (and leaseholders) to lease residential properties to tourists and other visitors on a short- term basis.

Short Term Vacation Rental Ban

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With a ban in place, it is generally believed that the City would no longer need to rely on various interrelated code provisions that together proscribe vacation rentals. The City will adopt and implement specific revisions to the SBMC that would ban short-term or vacation rentals outright in residential zones.

It is also believed that a clear prohibition would be more effective in deterring violations because it would create less confusion among homeowners. However, a ban would not alter the SBMC’s current implicit characterization of short-term rentals as inconsistent with the City’s residential land use regulations.

Disadvantages of a Ban
A short-term rental ban has some disadvantages. First, it would restrict homeowners’ use of their own properties. Banning short-term rentals could eliminate uses that do not otherwise serve as a nuisance to neighboring properties and would restrict the rights of homeowners who have rented responsibly.

Second, it is unclear whether an outright ban would be effective because of the challenges with consistent enforcement.

Associated Cost
A ban on short-term rentals will not eliminate the city’s enforcement costs. To effectively ban short term or vacation rentals, the city would first need to identify those properties that are currently engaged in the short-term or vacation rental activities and officially notify them of the ban. To do that, the city has engaged the services of Deckard Technologies, a company that utilizes data science expertise to assist local governments with managing compliance activity and enforcement, such as short-term rental (STR) properties.

Deckard Technologies would use Rentalscape platform to accurately track activity within the City of San Bernardino, to identify the exact addresses of the STR listings within the City limits. This enables accurate display of STR activity within the City and within community districts and ensures that everyone is held accountable to play by the same set of rules, follow all guidelines and ordinances, and pay their fair share of fees and taxes. Rentalscape groups listings and calculates statistics on a per-property basis. By mapping the exact location of properties, Rentalscape avoids double- counting activity. Knowing the exact location of STR properties enables compliance, enforcement, tax collection and complaint management activities. They can also pair the services with the TOT portal.

There are cost implications depending on the level of service required by the city. The contract for Rentalscape only, for the identification, monitoring, and compliance letters is $7,500, annually. Contract for Rentalscape, Online Registration and TOT for the above along with registration and TOT collection is $16,500 annually. These costs will come out of the General Fund and can only be replenished by the fines assessed to those operating in violation of the ban.

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Take No Action
The option to take no action would mean that neither a ban nor regulation would be in place. However, staff believes that payment of TOT should still be an option. There would be costs associated with identifying who is currently running a short-term rental operation in the residential zone. There would be no revenue stream from registration of short-term rental locations.

Transient Occupancy Tax
Title 3 of the City of San Bernardino Municipal Code (Revenue and Finance) addresses transient occupancy taxes. Section 3.55.010, definitions, provides the following definitions unless the context clearly indicates or requires a different meaning:

HOTEL. A commercial establishment furnishing lodging space in exchange for monetary compensation. Every such establishment shall constitute a HOTEL for purposes of this chapter notwithstanding any advertising describing the facility as a hostelry, inn, motel, rooming house, tourist home or similar enterprise.

LODGING SPACE. One or more rooms used or intended to be used for dwelling or sleeping purposes.

OCCUPANCY. The use or possession, or the right to the use or possession, of a lodging space.

OPERATOR. The person who is the proprietor of a hotel. If an OPERATOR utilizes a managing agent who is not an employee, then such agent shall also constitute an OPERATOR for purposes of this chapter. Compliance with this chapter by either the principal or the managing agent shall constitute compliance by both.

PERSON. Any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit.

ROOM RENTAL. The total charge for lodging space.

TRANSIENT. A person who, for a period of 30 consecutive calendar days or less, exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or contract. Every such person shall constitute a TRANSIENT for purposes of this chapter until expiration of the 30-day period, unless such person has executed a written contract with the operator to provide for occupancy in excess of 30 consecutive calendar days and the contract cannot be terminated without providing at least 30 days’ advance notice. In determining whether a person is a TRANSIENT, portions of calendar days shall be counted as full days and uninterrupted periods of time extending both prior and subsequent to the effective date of this chapter may be considered. Transient Lodging Tax. Per Section 3.55.020(A), each transient is subject to and shall pay a transient lodging tax in the amount of 10% of the room rental charged by the operator.

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Based on the above definitions, staff believes that the existing TOT language applies to short term and vacation rentals and will begin charging TOT.

Development Code Amendment
Whether the City bans or regulates Short Term or Vacation rentals, a Development Code Amendment will need to be processed: The proposed Development Code will amend Chapter 19.02 (Basic Provisions), Section 19.02.050 (Definitions) of the Development Code to add definitions for those terms uses specifically within the Short- Term Rental Program (Exhibit A).

The Development Code Amendment will also amend Chapter 19.04 (Residential Zones), Table 04.01 (Permitted and Conditionally Permitted Uses) is updated to add short-term rentals as an unpermitted use within all single-family and multi-family zones (Exhibit B).

Implementation
The regulations governing short-term rentals will become effective 30 days following adoption of Ordinances by the Mayor and City Council. All properties currently operating as a short-term or vacation rental location will be required to register and become eligible for the payment of TOT.

If Council adopts an Ordinance to ban Short Term or vacation rentals, the City will send all properties potentially operating as a short-term or vacation rental a letter notifying them of the ban and will provide operators with 60 days to comply or face enforcement measures. The same action will be taken if the City Council adopts an Ordinance to regulate the use.

Property owners of Short-Term Rentals will be responsible for reporting and paying into the City’s Transient Lodging Tax/Transit Oriented Tax (TOT). In order for the City to impose this tax on STR’s, the City is required to amend and update Ordinance No.

MC -1484 which outlines regulations on collection of the City’s TOT.

General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future housing development, as follows:

Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods.

Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

San Bernardino contains a wide range of neighborhoods accommodating an assortment of lifestyles. Each neighborhood has, or can have, its own unique character that is a source of pride for the residents. Neighborhood character is defined by many factors: what the neighborhood looks like, safety and security, maintenance of streets

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and green spaces, and more. But more importantly, neighborhood character is an image in the minds of those who live and work there and in the perceptions of those who visit.

The rise of short-term rentals within the City has created the need to either regulate or ban them to preserve the integrity of these neighborhoods and mitigate any potential conflicts that may arise from their operation.

A Development Code Amendment regulating or banning Short Term or vacation rentals is consistent with the City’s General Plan.
2021-2025 Strategic Targets and Goals
A Development Code Amendment banning or regulating Short Term rentals aligns with Key Target Goal No. 3: Improved Quality of Life and, more specifically, 3a: Improve the City’s appearance, cleanliness, and attractiveness. Specifically, a ban will update the Development Code to prohibit short term and vacation rentals in all residential zones, while regulating the land use will provide the City with the tools that will ensure consistency with the City’s land use designations as required by the City’s General Plan.

Fiscal Impact
Anticipated Transit Occupancy Taxes associated with this program has the potential to contribute up to $324,000, annually to the General Fund. At same time, there is a potential cost of up to $16,500 for a program to monitor the locations of short term and vacation rentals in the city. The initial amount will be borne by the General Fund. In the future, the cost will be assigned to the Community Development Department’s Professional Contractual account.

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

1. Hold a Public Hearing; and

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

MC-1660 of the Mayor and City Council of the City of San Bernardino, California, adopting a regulatory program which would amend Section

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

MC-1661 of the Mayor and City Council of the City of San Bernardino, California banning Short Term and Vacation Rentals in residential zones in the City of San Bernardino; or

4. Take no action on the matter.

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Attachments
Attachment 1 Ordinance MC-1660, Establishing A Regulatory Process For Short Term And Vacation Rentals
Attachment 2 Ordinance MC-1661 Of The Mayor And City Council Banning Short Term And Vacation Rentals
Attachment 3 Planning Commission Resolution 25-059
Attachment 4 Development Code Section 19.02.050 (definitions) Attachment 5 Planning Commission Resolution No. 2023-043 PC Attachment 6 Deckard Price Proposal
Attachment 7 Master Professional Services Agreement
Attachment 8 PowerPoint Presentation
Ward:

All Wards
Synopsis of Previous Council Actions:

February 21, 2024, staff took forward a recommendation to the Mayor and City Council for the adoption of a regulatory scheme for Short-Term Rentals, the City Council, at meeting, directed staff to conduct additional analysis on enforcement measures and the effects of a Short-Term Rental Program on the City’s housing market.

On June 5, 2024, the Mayor and City Council banned short term rentals in city’s residential areas and directed staff to return with regulatory standards.

CC: Eric Levitt, City Manager

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Ordinance MC-1660
1 ORDINANCE NO. MC-1660

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO , CALIFORN IA,

ADOPTING A REGULATORY PROGRAM WHICH WOULD
AMEND SECTION 19.02.050 (BASIC PROVISIONS –
DEFINITIONS) AND CHAPTER 19.04 (RESIDENTIAL

ZONES) OF THE CITY OF SAN BERNARDINO
DEVELOPMENT CODE (SBMC TITLE 19) FOR SHORT-

TERM AND V ACATION RENTALS IN THE CITY OF SAN
BERNARDINO; AND FINDING THAT THE REGULATORY

PROGRAM IS EXEMPT FROM REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, on December 12, 2023, the Planning Commission, by a unanimous vote, adopted Resolution No. 2023- 043PC forwarding a recommendation that the Mayor and City Council to approve Development Code Amendment 23-01, amending Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) to establish a Short -Term Rental Program in the City of San Bernardino; and found that Development Code Amendment 23-01 was exempt from review under the California Environmental Quality Act; and

WHEREAS, on February 21, 2024, staff took forward a recommendation to the Mayor and City Council for the adoption of a regulatory scheme for Short-Term Rentals; and

WHEREAS, on June 5, 2024, the City Council banned short-term rentals in the city; and

WHEREAS, at the direction of the Mayor and City Council, staff prepared a report with accompanying Resolution No. 2025- 059 – PC to the Planning Commission at their meeting of December 9, 2025, recommending a ban on short term rentals; and

WHEREAS, at said meeting of December 9, 2025, after listening to staff’s presentation and deliberating, the Planning Commission, by a unanimous vote (one Planning Commissioner absent), rejected banning short term rentals and directed staff to forward a resolution rejecting the ban to the Mayor and City Council; and

WHEREAS, the City’s Municipal Code (SBMC) does not specifically address short - term rentals; and

WHEREAS, in recent years there has been an increase in privately-owned residential properties being used as short-term rentals in the City; and

WHEREAS, the unregulated use of existing housing as short-term rentals can escalate the demand for City services and create adverse impacts in residential zones; and

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Ordinance MC-1660
2 WHEREAS, the City of San Bernardino has received numerous complaints about residents leasing their residential properties to travelers and for weekend retreats as short-term rentals; and

WHEREAS, the City Council, at the meeting, directed staff to conduct additional analysis on enforcement measures and the effects of a Short -Term Rental Program on the City’s housing market; and

WHEREAS, the City of San Bernardino would also explore the assessment of Transient Occupancy Taxes on banned Short Term Rental locations within the City of San Bernardino; and

WHEREAS, the City would employ the use of third- party software to track, identify, and accurately display Short Term Rental activities within the City and within community districts and ensure that everyone is held accountable to play by the same set of rules, follow all guidelines and ordinances, and pay their fair share of fees and taxes; and

WHEREAS, on December 9, 2025, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 25-09 and at which meeting, the Planning Commission considered Development Code Amendment 25-09 and adopted Resolution No. 2025- 059 rejecting the ban on Short Term Rentals in favor of regulating them.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.

SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council, having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 25-09 and this Resolution No. 2025-059 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change to the environment.

SECTION 3. Finding of Facts

Finding No. 1: The proposed regulatory program for Short Term and vacation rentals is consistent with the General Plan.

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Ordinance MC-1660
3 Finding of Fact: Implementation of a regulatory program is consistent with the following findings:

Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods.

Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

It is acknowledged that San Bernardino contains a wide range of neighborhoods accommodating an assortment of lifestyles. Each neighborhood has, or can have, its own unique character that is a source of pride for the residents. Neighborhood character istics are defined by many factors: what the neighborhood looks like, what it feels like, and how well it is maintained. But more importantly, it is an image in the minds of those who live and work there and in the perceptions of those who visit the neighborhoods.

Although the rise of short -term rentals within the City has generated discussions as to their impact on the general character of neighborhoods in which they may be located and the cost of city services to monitor them, the Planning Commission does not believe that a ban on short term rentals is the solution to the problem. The Planning Commission believes that regulating short term rentals will be more productive and would generate the revenue source necessary to enforce any actions related to short term rentals.

An Ordinance that supports a regulatory process for Short Term Rentals is more likely to preserve the integrity and character of the residential neighborhoods in which they are located, regulate negative impacts such as excessive noise, littering, loitering on the residential neighborhoods and the community at large , and generate revenue derived from registration and licensing fees to assist with enforcement these uses.

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 adoption of an Ordinance regulating Short Term and vacation rentals is in the interest or furtherance of the public health, safety, convenience, and general welfare than banning them. Regulating Short Term and vacation rentals will allow owners of properties in the City to legally utilize their homes or properties for Short Term Rentals in a city that may not have adequate supply of hotel and motel rooms for large events. The transient occupancy taxes collected will also boost the city’s General Fund revenue.

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Ordinance MC-1660
4 SECTION 4. Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 25-09.

SECTION 5. Severability: If any section, subsection, subdivision, sentence, 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 Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases is declared unconstitutional, invalid, or ineffective.

SECTION 6. Effective Date. This Ordinance shall become effective 30 days from the date of adoption.

APPROVED and ADOPTED by the Mayor and City Council this 4 th day of February
2026.

__________________________________
Helen Tran, Mayor
City of San Bernardino

Attest:

__________________________________
Telicia Lopez, CMC, City Clerk

Approved as to form:

________________________
Sonia Carvalho, City Attorney

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Ordinance MC-1660
5 CERTIFICATION

STATE OF CALIFNORNIA)
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 Ordinance No. MC-1660, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 4
th day of February 2026. Ordinance No. MC -1660 was approved, passed and adopted at a regular meeting held the __ day of ______ 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 ______, 2026.

_____________________________
Telicia Lopez, CMC, City Clerk

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Ordinance No. MC-1661
1 ORDINANCE NO. MC-1661

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA, BANNING

SHORT TERM AND VACATION RENTALS IN THE CITY OF
SAN BERNARDINO; AND FINDING THAT THE BAN IS

EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WHEREAS, in recent years there has been an increase in privately -owned residential properties being used as short-term rentals in the City; and

WHEREAS, the unregulated use of existing housing as short-term rentals can escalate the demand for City services and create adverse impacts in residential zones; and

WHEREAS, the City of San Bernardino has received numerous complaints about residents leasing their residential properties to travelers and for weekend retreats as short -term rentals; and

WHEREAS, the City’s Municipal Code (SBMC) does not specifically address short-term rentals; and

WHEREAS, on December 12, 2023, the Planning Commission, by a unanimous vote, adopted Resolution No. 2023- 043PC forwarding a recommendation that the Mayor and City Council to approve Development Code Amendment 23- 01, amending Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) to establish a Short-Term Rental Program in the City of San Bernardino; and found that Development Code Amendment 23-01 was exempt from review under the California Environmental Quality Act; and

WHEREAS, on February 21, 2024, staff took forward a recommendation to the Mayor and City Council for the adoption of a regulatory scheme for Short-Term Rentals; and

WHEREAS, the City Council, at the meeting, directed staff to conduct additional analysis on enforcement measures and the effects of a Short -Term Rental Program on the City’s housing market; and

WHEREAS, on June 5, 2024, the City Council banned short-term rentals in the city; and

WHEREAS, Development Code Amendment 2 5-09 is a City -initiated amendment to Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones ) of the City of San Bernardino Development Code (SBMC Title 19) in order to ban Short-Term Rentals in the City of San Bernardino; and

WHEREAS, the City of San Bernardino would also explore the assessment of Transient Occupancy Taxes on banned Short Term Rental locations within the City of San Bernardino; and

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Ordinance No. MC-1661
2 WHEREAS, the City would employ the use of third-party software to track, identify, and accurately display Short Term Rental activities within the City and within community districts and ensure that everyone is held accountable to play by the same set of rules, follow all guidelines and ordinances, and pay their fair share of fees and taxes; and

WHEREAS, on December 9, 2025, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 25-09 and at which meeting, the Planning Commission considered Development Code Amendment 25- 09 and adopted Resolution No. 2025-059 rejecting the ban on Short Term Rentals.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.

SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council, having independently reviewed and analyzed the record before it, including 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 ban on Short Tern and vacation rentals will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change to the environment.

SECTION 3. Finding of Facts

Finding No. 1: The proposed ban on Short Term and vacation rentals is consistent with the General Plan.

Finding of Fact: The proposed Ordinance banning Short Term and vacation rentals in the city is consistent with the General Plan, as follows:

Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods.

Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

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Ordinance No. MC-1661
3 like, what it feels like, and how well it is maintained. But more importantly, it is an image in the minds of those who live and work there and in the perceptions of those who visit the neighborhoods.

The rise of short -term rentals within the City has generated discussions as to their impact on the general character of neighborhoods in which they may be located and the cost of city services to monitor them.

The adoption of an Ordinance banning Short Term and vacation Rentals preserves the integrity and character of the residential neighborhoods in which they are located , and prevents negative impacts such as excessive noise, littering, loitering on the residential neighborhoods and the community at large.

Finding No. 2: The proposed Ordinance banning Short Term and vacation rentals would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: An Ordinance banning Short Term and vacation rentals is in the interest or furtherance of the public health, safety, convenience, and general welfare in that it preserves the residential characteristics of residential zoning districts while mitigating the harm to the residential zoning districts that result from the negative impacts of the use.

SECTION 4. Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s co mpliance with the California Environmental Quality Act in approving Ordinance MC-xx-xx.

SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases is declared unconstitutional, invalid, or ineffective.

SECTION 6. Effective Date. This Ordinance shall become effective 30 days after its adoption.

APPROVED and ADOPTED by the Mayor and City Council this __ day of ___ 2026.

__________________________________
Helen Tran, Mayor
City of San Bernardino

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Ordinance No. MC-1661
4 Attest:

__________________________________
Telecia Lopez, CMC, City Clerk

Approved as to form:

________________________
Sonia Carvalho, City Attorney

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Ordinance No. MC-1661
5 CERTIFICATION

STATE OF CALIFNORNIA)
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 Ordinance No. MC-1661, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 4
th day of February 2026. Ordinance No. MC -1661 was approved, passed and adopted at a regular meeting held the __ day of ______ 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 ______ 2026.

_____________________________
Telicia Lopez, CMC, City Clerk

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Resolution No. 2025-059-PC
1 RESOLUTION NO. 2025-059-PC

A RESOLUTION OF THE PLANNING COMMISSION OF THE

MAYOR AND CITY OF SAN BERNARDINO, CALIFORNIA,

FORWARDING RECOMMENDATION TO THE MAYOR AND

CITY COUNCIL RECOMMENDING DEVELOPMENT CODE
AMENDMENT 25-09 AMENDING SECTION 19.02.050 (BASIC
PROVISIONS – DEFINITIONS) AND CHAPTER 19.04
(RESIDENTIAL ZONES) OF THE CITY OF SAN
BERNARDINO DEVELOPMENT CODE (SBMC TITLE 19) IN

ORDER TO ESTABLISH A BAN ON SHORT-TERM RENTALS
IN THE CITY OF SAN BERNARDINO; AND FINDING THAT
DEVELOPMENT CODE AMENDMENT 25-09 IS EXEMPT

FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WHEREAS, in recent years there has been an increase in privately-owned residential properties being used as short-term rentals in the City; and WHEREAS, the unregulated use of existing housing as short-term rentals can escalate the demand for City services and create adverse impacts in residential zones; and WHEREAS, the City of San Bernardino has received numerous complaints about residents leasing their residential properties to travelers and for weekend retreats as short-term vacation rentals; and
WHEREAS, the City’s Municipal Code (SBMC) does not specifically address short-term vacation rentals; and
WHEREAS, the City’s Municipal Code (SBMC) does not specifically address short-term vacation rentals; and
WHEREAS, on December 12, 2023, the Planning Commission, by a unanimous vote, adopted Resolution No. 2023-043PC forwarding a recommendation that the Mayor and City Council approve Development Code Amendment 23-01, amending Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino; and found that Development Code Amendment 23-01 was exempt from review under the California Environmental Quality Act.; and
WHEREAS, on February 21, 2024, staff took forward a recommendation to the Mayor and City Council for the adoption of a regulatory scheme for Short-Term Rentals; and WHEREAS, the City Council, at the meeting, directed staff to conduct additional analysis on enforcement measures and the effects of a Short-Term Rental Program on the City’s housing market; and

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Resolution No. 2025-059-PC
2 WHEREAS, on June 5, 2024, the City Council banned short-term rentals in the city; and WHEREAS, Development Code Amendment 253-09 is a City-initiated amendment to Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the city of San Bernardino Development Code (SBMC Title 19) in order to ban Short-Term Rentals in the City of San Bernardino; and
WHEREAS, the City of San Bernardino would also explore the assessment of Transient Occupancy Taxes on banned Short Term Rental locations within the City of San Bernardino; and WHEREAS, the City would employ the use of third-party software to track, identify, and accurately display Short Term Rental activities within the City and within community districts and ensures that everyone is held accountable to play by the same set of rules, follow all guidelines and ordinances, and pay their fair share of fees and taxes; and WHEREAS, on December 9, 2025, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 25-09 and at which meeting, the Planning Commission considered Development Code Amendment 25-09 and adopted Resolution No. 2025-059 recommending the adoption of the Development Code Amendment 25-09 to the Mayor and City Council.

NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO DECLARE AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.

SECTION 2.Compliance with the California Environmental Quality Act. The Planning Commission, having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 25-091 and this Resolution No. 2025-059 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 3.Finding of Facts – Development Code Amendment 25-09 Finding No. 1:The proposed amendment is consistent with the General Plan.

Finding of Fact:Development Code Amendment 25-09 is consistent with the General Plan, as follows:

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Resolution No. 2025-059-PC
3 Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods.

Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

The rise of short-term rentals within the City has generated discussions as to their impact on the general character of neighborhoods in which they may be located and the cost of city services to monitor them.

The adoption and implementation of Development Code Amendment 25- 09 banning Short Term Rentals preserves the integrity and character of the residential neighborhoods in which they are located prevents negative impacts such as excessive noise, littering, loitering on the residential neighborhoods and the community at large.

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 adoption and implementation of Development Code Amendment 25- 09 is in the interest or furtherance of the public health, safety, convenience, and general welfare by banning Short Term Rental and preserving the residential characteristics of residential zoning districts while mitigating the harm to the residential zoning districts that result from short-term rentals.

SECTION 4.Adoption of Resolution. Development Code Amendment 25-09 to amend Section 19.02.050 (Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Municipal Code (Title 19), attached hereto and incorporated herein by reference as Exhibit “A” through “B”, is hereby approved.

SECTION 5.Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 25-09.

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Resolution No. 2025-059-PC
4 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 Planning Commission this 9 th day of December, 2025.
__________________________________
Lisa Sherick, Chairperson
San Bernardino Planning Commission
Attest:
__________________________________
_________________________________
Gabriel Elliott
Planning Commission Secretary
City of San Bernardino

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Resolution No. 2025-059-PC
4 Packet Page. 39

Resolution No. 2025-059-PC
5 CERTIFICATION
I, Alyssa Blancas, Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution No. 2025-059, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 9th day of December, 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:
_____________________________
Alyssa Blancas, Recording Secretary,
City of San Bernardino, California

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EXHIBIT A
Development Code Section 19.02.050
(Definitions)
Section 19.02.050 (Definitions) shall be modified to read as follows:

Agent. A person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner.

Bedroom. A room designed primarily for sleeping that meets the definition of the California
Building Codes currently adopted by the City.

Check-in. The arrival of a guest at a vacation-rental property or agent’s office.

Guest House. Living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family, temporary guest, or persons permanently employed on the premises. This definition shall not include ADUs built subject to Section 19.04.030(2)(P) (Accessory Dwelling Units).

Home-Sharing. The rental of bedrooms in a residential unit for a term of 29 or fewer consecutive days while the owner of the unit is present and living in the unit.

Hosting Platform. A person or entity who participates in vacation rentals by collecting or
receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet- based services that facilitate bookings for a fee.

Multi-Family Residential. Two (2) or more dwelling units in a single building on a site.

Owner. A person or entity, who holds record fee title to the property, except that “owner” does not include the holder of a leasehold interest in the property.

Responsible Party. The lessee of a vacation-rental property.

Short-Term Rental or Short-Term Rental Property. A residential dwelling unit that is leased for a term of 29 or fewer consecutive days.

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EXHIBIT B
Development Code Section 19.04.020
(Permitted, Development Permitted, and Conditionally Permitted Uses)

19.04.020 (Permitted, Development Permitted, and Conditionally Permitted Uses); Table 04.01 (Residential Zones – Permitted, Development Permitted, and Conditionally Permitted Uses) shall be modified to read as follows:

TABLE 04.01

PERMITTED, DEVELOPMENT PERMITTED, AND

CONDITIONALLY PERMITTED USES

LAND USE ACTIVITY RE RL RS RS RM RMH RH RS
H
Residential Uses
A. Community Care Facility (6 or less) P P P P P P P X
B. Condominium or Townhouse D D D D D D D X
C. Convalescent Homes X X X C D D D X

1. D. Day Care Center C C C

P P P P P P P X
E. Day Care Homes, Family
8 or less children
9 to 15 children D D D D D D D X
F. Dormitories/Fraternity/Sorority X X X X C C C X
G. Homeless Facilities X X X X C C C X
H. Manufactured Housing D D D D D D D X
I. Mobile Home Parks or Subdivisions D D D D D D D X
J. Multi-Family Dwellings X X X D D D D X
K. Multi-Family Dwellings, Existing X X X P P P P X
L. Planned Residential Developments X X X D D D D X
M. Accessory Dwelling Unit P P P P P P P P
N. Senior Citizen/Congregate Care Housing X X X D D D D D O. Single-Family Dwellings D D D D D D D X
P. Single-Family Dwellings, Existing P P P P P P P X
Q. Small Lot Subdivision X X X D D D D X
R. Student Housing Complex X X X X X X X C
R. Short-Term Rentals X X X X X X X X

EXHIBIT C

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Development Code Section 19.04.030(2)
(Residential Zones Specific Standards)

19.04.030(2) (Residential Zones Specific Standards); Table 04.03 (Residential Zones Specific Standards) shall be modified to read as follows:

TABLE 04.03

RESIDENTIAL ZONES SPECIFIC STANDARDS
Specific Standards RE RL RS RU RM RMH RH RSH CO CG-2 CR-2
A. Accessory Structure + + + + + + + + + +
B. Day Care Facility + + + + + + + + + +
C. Day Care Home, + + + + + + + Large Family
D. Density Bonus/Affordable + + + + + + + + + +
Housing or Amenities
E. Front/Rear Yard + + + + + Averaging
F. Golf Courses & Related + + + + + + + Facilities
G. Guest House + + + + H. Minimum Room Size + + + + + + + + + +
I. Minimum Dwelling Size + + + + + + + + + +
J. Mobile Home & + + + + + + + Manufactured Housing
K. Mobile Home Park or + + + + + + + Subdivision
L. Multiple Family Housing + + + + + +
M. Multi-Family Housing, + + + + Existing
N. Planned Residential +
Development
O. Recreational Vehicle + + + + + + + Storage
P. Second Accessory
Dwelling Unit + + + + + + + Q. Senior Citizen/ + + + + + + + Congregate Care Housing
R. Single-Family Dwellings, + + + + + + + + + +
Existing
S. Small Lot Subdivisions +
T. Social Service Uses/ + + + + + +
Centers
U. Vocational/Trade Schools +
V. Student Housing Complex +
W. Urban Lot Splits + + +
X. Two-Unit Projects + + +

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Y. Short-Term Rentals
___________________________________________________________________________________________________ __________
Key: “+” applies in the zone.

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RESOLUTION NO. 2023-043 - PC

1 RESOLUTION NO. 2023-043 - PC

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

FOW ARDING A RECOMMENDATION TO THE MAYOR

AND CITY COUNCIL RECOMMENDING APPROV AL OF
DEVELOPMENT CODE AMENDMENT 23 -01 AMENDING
SECTION 19.02.020 (BASIC PROVISIONS – DEFINITIONS)
AND CHAPTER 19.04 (RESIDENTIAL ZONES) OF THE

CITY OF SAN BERNARDINO DEVELOPMENT CODE
(SBMC TITLE 19) IN ORDER TO ESTABLISH A SHORT-

TERM RENTAL PROGRAM IN THE CITY OF SAN
BERNARDINO; AND FINDING THAT DEVELOPMENT
CODE AMENDMENT 23 -01 IS EXEMPT FROM REVIEW

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.

WHEREAS, in recent years there has been an increase in privately -owned residential properties being used as short-term rentals in the City; and

WHEREAS, the unregulated use of existing housing as short-term rentals can escalate the demand for City services and create adverse impacts in residential zones; and

WHEREAS, the City has determined that there should be a reasonable balance between the regulation of short-term rental operations and the recognized need to protect the residential character of neighborhoods in which they may be located; and

WHEREAS, on December 22, 2022, the Planning Commission received and filed an update on the state of short-term rentals in the City and forwarded a recommendation to the Mayor and City Council to direct staff to develop a regulatory scheme for short-term rentals in the City’s residential districts; and

WHEREAS, on January 18, 2023 , the Mayor and City Council recommended that staff work to adopt a regulatory scheme for short-term rentals; and

WHEREAS, on February 27, 2023, the Planning Commission heard a report from staff and conducted a workshop to provide staff direction to include or consider items to regulate short- term rentals; and

WHEREAS, Development Code Amendment 23-01 is a City -initiated amendment to Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones ) of the city of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino; and

WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 23-01 in compliance with the California Government Code, consistency with the City of San Bernardino General Plan , and compliance with the City of San Bernardino Development Code; and

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RESOLUTION NO. 2023-043 - PC

2 WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development Department evaluated Development Code Amendment 23-01 and determined that it is exempt from CEQA under 15061(b)(3) of the CEQA Guidelines; and

WHEREAS, on November 4, 2023, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals – Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino of the holding of a public hearing at which Development Code Amendment 23-01 would be considered; and

WHEREAS, on November 14, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 23-01 and at which meeting, the Planning Commission considered Development Code Amendment 23-01.

Upon conclusion of the public hearing the Planning Commission continued the item to allow staff time to address comments raised during the public hearing; and

WHEREAS, on December 12, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held the duly -noticed continued public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 23 -01 and at which meeting the Planning Commission Development Code Amendment 23-01; and

WHEREAS, pursuant to the requirements of Section 19.42.030 (Development Code Amendments – Commission Action on Amendments) of the City of San Bernardino Development Code, the Planning Commission has the authority to recommend to the Mayor and City Council the approval of the Development Code Amendment 23-01.

NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows:

SECTION 1. ENVIRONMENTAL DETERMINATION:

As the decision -making body for the project, the Planning Commission has reviewed and considered the information contained in the administrative record for Development Code Amendment 23-01. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission hereby recommends to the Mayor and City Council, as follows:

(1) The administrative record has been completed in compliance with the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA Guidelines; and

(2) The proposed project is exempt from the requirements of the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3), the

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RESOLUTION NO. 2023-043 - PC

3 “common sense” rule that states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. This amendment establishes standards for the rental of existing residential properties in areas zoned for residential use and therefore does not have potential to cause a significant effect on the environment; and

(3) The determination of CEQA exemption reflects the independent judgment of the Planning Commission.

SECTION 2. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 23-01:

Section 19.42.050 of the City of San Bernardino Development Code requires that Development Code Amendments meet certain finding prior to approval by the Mayor and City Council.

Accordingly, the following findings are provided in support of the recommendati on by the Planning Commission for the approval of Development Code Amendment 23-01:

Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: Development Code Amendment 23-01 is consistent with the General Plan, as follows:

Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods.

Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

The rise of short -term rentals within the City has created the need to establish regulations to ensure the compatibility between short-term rentals and the residential character of neighborhoods in which they may be located in order to mitigate any potential conflicts that may arise from their operation.

The adoption and implementation of Development Code Amendment 23-01 is consistent with the City’s General Plan by allowing for the development of Short-Term Rentals within residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at-large.

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RESOLUTION NO. 2023-043 - PC

4 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 adoption and implementation of Development Code Amendment 23-01 is in the interest or furtherance of the public health, safety, convenience, and general welfare through the establishment of regulations that will preserve the residential characteristics of residential zoning districts and mitigate the harm to the residential zoning districts that result from short-term rentals.

SECTION 3. RECOMMENDATION FOR DEVELOPMENT CODE
AMENDMENT 22-03:

Pursuant to Section 19.42.030 (Development Code Amendments – Commission Action on Amendments), the Planning Commission forwards the amendments to the Development Code attached hereto as EXHIBIT "A" through "C" for approval by the Mayor and City Council.

SECTION 4. PLANNING COMMISSION ACTION:

The Planning Commission hereby takes the following action:

1. Adoption of Planning Commission Resolution No. 2023 -043, forwarding a recommendation that the Mayor and City Council:

a. Find the Exemption, pursuant to Section 15061(b)(3) of the CEQA Guidelines for Development Code Amendment 23 -01, a nd directing the Director of Community Development to prepare and file with the Clerk of the County of San Bernardino a Notice of Exemption as provided under Public Resources Code Section 2 l 152(b) and CEQA Guidelines Section 15062; and

b. Approve Development Code Amendment 23-01 based on the Findings of Fact.

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. CUSTODIAN OF RECORDS:

The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Planning Commission based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), 909-384-5002.

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RESOLUTION NO. 2023-043 - PC

5 PASSED, APPROVED AND ADOPTED this 12th day of December 2023.

Monique Guerrero, Chairperson
San Bernardino Planning Commission
ATTEST:

Mary E. Lanier, Planning Commission Secretary
City of San Bernardino, California

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RESOLUTION NO. 2023-043 - PC

6 CERTIFICATION:

I, Jennifer Meamber , Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution No. 2023 -043 - PC, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 12th day of December 2023, by the following vote, to wit:

AYES: Guerrero, Lopez, I. Garcia, Quiel, Flores, Sherrick, & O. Garcia

NOES:

ABSENT: Armstead & Lewis

ABSTAIN:

Jennifer Meamber, Recording Secretary
City of San Bernardino, California

Packet Page. 50

Price Proposal FOR City of San Bernardino, CA September 29, 2025 presented by engineered by
1620 Fifth Ave • Suite 400 • San Diego, CA 92101
Dainius Marijosius Sales Director - West 541-815-2444 [email protected]

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2 Table of Contents Executive Summary .................................................................................................................................................... 3 References ................................................................................................................................................................... 5 Proposed Products ...................................................................................................................................................... 6 Implementation & Training ......................................................................................................................................... 9 Pricing Proposal .......................................................................................................................................................... 10 Product Line ............................................................................................................................................................... 13

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3 Executive Summary Rentalscape Short-Term Rental ID & Monitoring Platform Deckard Technologies utilizes data science expertise to assist local governments with managing their compliance activity and enforcement, such as short-term rental (STR) properties. Our technology ensures that everyone is held accountable to play by the same set of rules, follow all guidelines and ordinances, and pay their fair share of fees and taxes. To accurately track activity within the City of San Bernardino, the Rentalscape platform identifies the exact address of the STR listings within the City limits, enabling accurate display of STR activity within the City and within community districts. Rentalscape groups listings and calculates statistics on a per-property basis. By mapping the exact location of properties, Rentalscape avoids double-counting activity. Knowing the exact location of STR properties enables compliance, enforcement, tax collection and complaint management activities. About Rentalscape Deckard’s Dashboard management platform for STR will discover, identify, and efficiently present all STR activity in the City of San Bernardino, using unique technical capabilities such as its proprietary future booking detection software, automatic non-compliance recognition, industry-best address identification. Rentalscape is the only platform that automatically updates upcoming rentals and bookings shortly after reservations are made. This allows Rentalscape users to reach out to owners and hosts who are unlawfully renting and address any issues relating to these future rentals long before guests arrive, thereby eliminating disturbances, neighbor complaints and other common issues that often arise from illegal rentals. •
D
B
A
D
E
B
C
Address Sites Monitored Bookings, Cost, Occupancy Host Revenue Average Daily Rate

•
•
•
•
A B C D E Figure 1: Rentalscape Property Card

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4 Rentalscape maintains a database of every booking and stay made on all major platforms. Our system contains information dating back to late 2019 for every STR in the City of San Bernardino. All data can be viewed interactively on the Rentalscape portal with unlimited user access and downloaded on demand in Microsoft Excel format. Rentalscape dashboard map view shows the exact location of all STR activity, includes districts as defined by the City and displays individual property information and aggregate statistics on a per district basis. Rentalscape presents detailed STR activities including the precise address, owner information, booking history, availability and more. For each individual booking, the platform provides the actual date the reservation was made as well as the start and end date of each booking, ensuring that the City is able to distinguish back-to-back bookings. These insights are not possible to achieve by simply viewing the listings itself. In Summary In every jurisdiction in which we are providing service we have increased compliance and improved tax collection. Our process starts with producing the cleanest data possible – ensuring reporting is accurate and compliance levels are carefully monitored. We have in-house property appraisers and STR property managers. We also regularly consult with City staff to ensure we are always up to date with the latest STR best practices. Our systems come with unlimited user access and unlimited end-user training. Our customers give testimonials regarding the ease of use of our systems and vastly superior level of customer service when compared to other providers in the market.

Figure 2: Rentalscape Map

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5 References We believe that continuous innovation is required to face the challenges of today and of tomorrow. We are proud of our achievements and solutions that enable cities and counties to manage short-term rental activities and to ensure local rules and ordinances are enforced for the betterment of local residents. The following references are examples of successful partnerships between Deckard Technologies & its clients.

City of La Quinta, CA Gil Villalpando Asst. City ManAger [email protected] 760-777-7094 Product: Rentalscape, Custom Services City of Irvine, CA Nathan Lynch Code Enforcement [email protected] 949-536-4035 Product: Rentalscape City of Rancho Palos Verdes, CA Ara Mihranian City Manager [email protected] 310-544-5207 Product: Rentalscape, Outreach Campaign

City of Corona, CA Rachel Bottka Code Compliance Supervisor [email protected] 951-736-2429 Product: Rentalscape

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6 Proposed Products The Rentalscape Portal The Rentalscape portal is a cloud-based system for City staff to track STR properties, monitor STR activity, manage STR permits and record information about properties. The data in the system is constantly being updated as new properties are discovered and address identified, as new permit applications are made and as permits are expired or revoked. The Rentalscape portal displays information on all STR listings found within the City going back at least 12 months. We use US Census data to identify City limits and any parcels or listings within the limits are monitored. Rentalscape also tracks properties outside the City until they are accurately identified. On occasion, the STR listing estimated location for a property falls outside the City, but the actual location of the property once address identified is inside the City. Rentalscape displays: 1. Any permitted STR property 2. Any property with a currently live STR listing 3. Any property with historic STR listings 4. Any property with a future or past STR booking (even if the property currently does not have a live listing) Rentalscape includes the ability to filter the properties displayed (e.g., only permitted properties, or only properties in a specific HOA), and to download all results. All data displayed is available for direct download from Rentalscape. Information shown in Rentalscape for each property includes: Property characteristics 1. Property address 2. Owner name and mailing address 3. Residential type (primary residence, secondary/investment property) 4. Property type 5. Number of bedrooms and bathroom at the property, per public records data 6. A map showing the property’s location 7. Maximum occupancy per the City of San Bernardino ordinance

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7 Listing characteristics 1. Listing URL for each listing associated with each specific property 2. Listing ad ID for each listing associated with each specific property 3. Rental calendar showing current month’s activity as well as past twelve months and upcoming three months booking activity (frequently updated calendar) 4. Rentalscape clearly and easily differentiates between regular bookings and host-blocked dates that are not revenue-generating 5. Host name (when available) 6. Stay limitations (minimum/maximum) 7. Permit/license number if included in the listing 8. Daily Rental rate at time of booking 9. Rental frequency 10. Individual links to all active listing for the property 11. PDF copy of each listing, as well as a history of all previous versions of the listing, to identify any possible changes, as well as keep a record in case the listing is taken down by the host. Each image has a date-stamp showing when it was created and is kept indefinitely. 12. Rental type (Whole home, shared home) 13. Bedrooms and bathrooms advertised 14. Maximum occupancy, per listing Estimated sales tax based on rental activity 1. Occupancy rate 2. Estimated rental income 3. Estimated tax Rentalscape is configured to match the City’s ordinance and is capable of flagging violations following the City’s exact rules, including but not limited to permit registration and occupancy advertised versus permitted occupancy. Rentalscape looks for bookings less than 30 days when flagging STRs. When bookings longer than 30 days are created, these are correctly categorized as long-term rentals and do not cause a property to be treated as an STR. Rentalscape actively monitors permit status and STR listings daily, flagging violations as they occur. We have encountered situations where other providers have flagged properties as “no longer listed” or “only performing long-term rentals”, that later re-list or take a short-term booking, and are subsequently missed by these other vendors as violating the City ordinance. Rentalscape continuously monitors every listing every day including bookings up to a year in advance. As soon as an unpermitted booking is taken, Rentalscape sets a violation.

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8 Rentalscape includes a Dashboard that provides an overview of all STR activity in the City. This Dashboard includes aggregated revenue, bookings, and property data, and highlights top-earning hosts and owners as seen below. Please note that some charts will not be activated until we go live in the City of San Bernardino.

Figure 3: Rentalscape the City of San Bernardino Dashboard Example

STR PROPERTIES ESTIMATED TAX REVENUE

MOST ACTIVE HOSTS UNIT TYPE

TOP PLATFORMS RENTAL SIZE

BOOKING ACTIVITIES ONLINE PLATFORMS

HOST REVENUE

AVERAGE DAILY RATE

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9 Implementation & Training Implementation is on your timeline!! Upon Contract signing, Deckard will assign the City of San Bernardino a Dedicated Account Manager, who will work with the City to develop “best practices” based on Deckard’s experiences with other clients. The Client Success Manager will ensure that the implementation process proceeds smoothly and will be the main point of contact for any questions, suggestions, training, or concerns. The Client Success Manager will also participate in periodic calls with City staff as requested. Since Rentalscape is cloud-based, no hardware or software installation is required. Most jurisdictions have been up and running with Rentalscape within a couple weeks with Address Identification complete within 4 weeks of receipt of the permit and listing data. Figure 4: Sample Timeline for Rentalscape

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10 Pricing Proposal Currently, Rentalscape is showing close to 355 live STR listings in the City of San Bernardino. Based on the number of live STR listings, we estimate there are 150+ short-term rental properties in the City, advertised on one or more platforms. Deckard Technologies can provide a comprehensive, all-inclusive system that meets the requirements specified in the Proposal. Alternatively, each of our products is available for individual purchase as standalone items, allowing for tailored solutions to meet specific needs. We only charge fees on a per property, not per listing, basis. Since a single property can have multiple listings, we feel it is unfair to charge fees based on listing count. Finally, we do not charge one fee for compliance monitoring and another for rental activity monitoring as, in our view, these are the same service.

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11 Base Product Pricing

ADDRESS IDENTIFICATION, COMPLIANCE MONITORING, & RENTAL ACTIVITY REPORTING Price • Identify property & address • Identify property owner address • Real-time reporting of all new listings & frequent calendar monitoring • 10,000+ Websites monitored Daily, worldwide • FutureCast™ - Identify future bookings as they are made on the rental platform $7,500 Annually
OUTREACH CAMPAIGN • Letter campaign to inform STR illegal operators regarding compliance requirements and procedures • All letter templates will receive City approval pre-campaign • Campaign includes one Introductory letter and two additional escalation letters

INCLUDED
REPORTING & ANALYSIS • On Demand, Dynamic reporting, offering multiple ad hoc reports • Filters allowing users to focus on specific segments of the STR population INCLUDED DEDICATED ACCOUNT MANAGER • Single Point of Contact for City staff for all matters • Ensures the City is following Industry best practices • Shepherds the implementation process from start to finish • Periodic meetings/calls throughout the life of the account

INCLUDED
UNLIMITED ACCOUNTS & TRAINING SESSIONS • No limit on the number of Rentalscape user accounts • No per-session training costs • Single Sign-On (SSO) available • Dedicated client support staff available to assist with costumer request

INCLUDED
TOTAL YEAR ONE $7,500
Note: Pricing valid for 90 days Note 2: Pricing Confidential

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12 Optional Products Pricing

STR REGISTRATION PORTAL • Online, intuitive portal for registration and renewal • Fields configurable to meet City needs • Identify properties that need registration fee • Provide daily reports on new and modified permits $5,000 (OPTIONAL)
TAX PAYMENT PORTAL • Easy to use online tax payment portal • Configurable tax, late fee and interest rates on a per-property basis • Provide daily reports on tax payments and remittances to the City $5,000 (OPTIONAL)
COMPLAINT 24/7 HOTLINE & ONLINE FORM • 24/7 US bilingual (upon request) call center with live agents – Classic (see Page 13 for Detail Information) • Online complaint form (Complaint Form only $2,000) $3,500 (OPTIONAL) CONSTITUENT PORTAL • Public facing portal (Link placed on Jurisdiction’s website) • Permit/Licensing Data and Responsible Party Contact Info for every STR Property (Standard) $5,000 (OPTIONAL) INSPECTION MODULE • Enables field agents to create notes, comments, complaints, or tickets directly from the field during the inspections (mobile enabled) • Record inspection data, including notes and complaints • E-mail inspection results to property owners and City staff $5,000 (OPTIONAL)

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13 Product Line STR Registration and Renewal Portal This system is fully configurable and tailored to each client, featuring custom branding and fields specific to jurisdiction requirements, such as occupancy limits and bedroom counts. It securely collects necessary documents for the STR registration process and includes an approval portal for efficient registration management. The platform offers configurable permit/license pricing and expiration settings, facilitates the collection of permit fees, supports renewals and updates, and provides regular reporting capabilities. Letter Campaign for STR Hosts Rentalscape will create and distribute letters to illegal operators, detailing the jurisdiction’s STR ordinances, requirements, and procedures. All letter templates will be reviewed and approved by the jurisdiction’s staff before mailings commence. Our strategically timed, targeted letter campaigns have proven highly effective, reducing the number of unregistered hosts by over 50% within the first six months of new client engagement. Tax Payment Portal The portal facilitates tax collection from STR operators on a monthly, quarterly, or yearly basis. The Rentalscape Tax Payment system gathers data on nights available for booking and nights booked, and it is customized to each jurisdiction. It features automatic tax calculation based on the jurisdiction’s tax rate, incorporates late fee and penalty computations, and provides the flexibility to apply leniency on a collective jurisdiction basis when necessary. Using Stripe for payment processing, the system accepts credit card and ACH payments, with funds remitted directly to the jurisdiction. It also generates nightly reports for easy reconciliation, significantly reducing the manual effort associated with processing paper forms. 24/7 Complaint Line & Online Complaint Portal The Complaint Line is available 24/7 to field public complaints related to short-term rentals, operated by live, U.S.-based call takers. Call takers collect essential information, such as the address, property owner, type of incident, and date, and then notify the designated jurisdiction contact. Our hotline services are offered at three different levels to accommodate various needs. Basic: Standard call flow. Information is taken and forwarded to the jurisdiction. Calls are referred to the appropriate staff without follow up required.

Classic: Call Center will contact the local contact when information is available (permitted properties), notify them of the complaint then forward the information to the local jurisdiction contact. Premier: Premium call flow. Dispatcher will attempt to get a complaint resolution. The local contact can be contacted up to 3 times before referring caller out to appropriate staff.

Rentalscape Online Complaint Form: Neighbors can report and provide evidence for non-emergency concerns with photos and videos. The Complaint Form is customized with your logo. All complaints are logged and reported to the appropriate staff/department. STR Constituent Portal The Constituent Portal is an interactive public online map that displays all registered short-term rentals within the jurisdiction. It is fully configurable to meet the jurisdiction’s needs, providing information such as the property owner and emergency contact details. The portal is branded with the jurisdiction’s identity and can include links to related systems, like the short-term rental registration platform. Inspection Module This module streamlines the inspection process, enhancing efficiency and effectiveness for field agents and jurisdiction staff. It is a mobile-enabled system that allows agents to conduct and document health and safety inspections directly in the field. Agents can add notes, comments, and even generate complaints or tickets in PDF format on-site.

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Deckard Technologies, Inc. MSA 12.02.2024

MASTER PROFESSIONAL SERVICES AGREEMENT

This Master Professional Services Agreement (the "Agreement") is made and entered into as of ______________________ (the “Effective Date”) by and between Deckard Technologies, Inc., a Delaware corporation (“Deckard”), having its principal offices located at 1620 5th Avenue, Suite 400, San Diego, CA 92101 and the City of San Bernardino (“Client”), having its principal offices at 290 North D Street, San Bernardino CA 92401

RECITALS
WHEREAS, Deckard provides advanced data analytics and technology solutions for real estate through its proprietary Rentalscape platform (the “Platform”);
WHEREAS, Client desires to engage Deckard to perform the services described in SOWs attached to this Agreement in accordance with the terms and conditions hereof; NOW THEREFORE, the parties hereby agree as follows:

1. Statements of Work.

1.1. Client hereby retains Deckard and Deckard hereby agrees to use the Platform to perform certain data analytics services (the “Services”), which shall be specified in writing in statement(s) of work executed by the parties hereto (each an “SOW”). The SOW for the initial Services to be performed by Deckard is attached hereto as Exhibit A. Each subsequent SOW shall be signed by both parties and shall set forth, upon terms mutually agreeable to the parties, the specific Services to be performed by Deckard, the timeline and schedule for the performance of such Services and the compensation to be paid by Client to Deckard for the provision of such Services, as well as any other relevant terms and conditions. If a SOW includes the development of specific work product, the specifications of such work product shall be set forth on the relevant SOW. The parties shall attach a copy of each Statement of Work to this Agreement and each such SOW shall be incorporated herein by reference. Any changes to an SOW shall be i n writing, executed by each party (each a “Change Order”), attached to the original SOW and incorporated therein and attached hereto as part of Exhibit A. All such executed SOWs and Change Orders are subject to the terms and conditions of this Agreement, are incorporated herein, and made a part hereof. In the event of any conflict between the terms of this Agreement and any SOW or Change Order the terms of this Agreement shall control.

1.2. Deckard agrees to apply Deckard’s best efforts to the performance of Services under this Agreement competently and professionally, and will deliver the work product as set forth in the applicable SOW. Deckard shall devote such time and attention to the pe rformance of Deckard’s duties under this Agreement, as shall reasonably be required by Client, or as customary in the software industry.

2. Performance of Services. In carrying out the Services, Deckard shall fully comply with any and all applicable codes, laws and regulations and, if applicable, the rules of the site at which the Services are performed. Deckard shall provide a project manager who shall oversee the day-to-day performance of the Services and ensure the orderly performance of the Services consistent with each SOW and this Agreement. Deckard’s project manager shall reasonably cooperate with Client’s project manager and keep him or her informed of the work progress.

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3. Fees.

3.1. Client shall pay all fees in the amount and in the time periods set forth in the applicable SOW. In no event shall the fees payable to Deckard hereunder exceed any maximum amount set out in the SOW.

Client shall reimburse Deckard for actual and reasonable expenses incurred in performing the Services that are set forth in an SOW or otherwise approved in advance by Client, including meals, incidental expenses and reasonable travel costs incurred for travel in such amounts as authorized by the Federal or specified State or local travel regulations. Original receipts must be presented with any invoice for such costs and/or expenses and Deckard shall attest that the costs and/or expenses are actual and allocated to the Services.

3.2. Deckard agrees to use commercially reasonable efforts to ensure that invoices comply with the form, timeliness and any supporting certification requirements that are provided to Deckard by Client in writing from time to time during the Term. Unless otherwi se specified in an SOW, Client shall pay all invoices within 30 days of Client’s receipt of such invoice.

3.3. Client agrees that custom development requests outside of the scope of work may incur a fee of $250 hourly rate at a minimum of 2 hours of labor. Client agrees that custom requests may or may not be released on the original agreed upon release date.

4. Taxes. Deckard acknowledges that as an independent contractor, Deckard may be required by law to make payments against estimated income or other taxes due federal, state and other governments.

Deckard agrees to bear any and all expenses, including legal and prof essional fees, increased taxes, penalties and interest that Deckard or Client may incur as a result of any attempt to challenge or invalidate Deckard’s status as an independent contractor, and Deckard agrees to defend, and hold Client harmless from any liability thereon.

5. Term and Termination.

5.1. The term of this Agreement (“Term”) shall commence on the Effective Date and shall continue in force and effect for a period of one year; the Term shall be automatically renewed thereafter for additional periods of one year each unless terminated by either party by giving written notice of termination to the other party not less than 60 days before the end of the then -current period. Termination shall have no effect on Client’s obligation to pay the applicable labor rate with respect to Services rendered prior to the effective date of termination.

5.2. Termination. This Agreement shall be terminated as follows:

5.2.1. By either party by giving the other party 60 days prior written notice; provided that, such termination shall not be effective until each and every SOW then outstanding shall have been fully performed in accordance with the terms and conditions of the SOW.

5.2.2. Upon the entering into or filing by or against either party of a petition, arrangement, or proceeding seeking an order for relief under the bankruptcy laws of the United States, a receivership for any of the assets of the other party, an assignment for the benefit of its creditors, or the dissolution, liquidation, or insolvency of the other party.

5.2.3. Client may terminate this Agreement or any SOW if Deckard materially breaches this Agreement or the applicable SOW and fails to cure such breach to Client’s reasonable satisfaction within 30 days of Deckard receipt of written notice thereof.

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5.3. Continuation. This Agreement shall continue in full force and effect following the termination of any SOW, unless otherwise agreed by the parties.

5.4. Post Termination Obligations. Upon the expiration or termination of this Agreement or any SOW for any reason, Deckard shall: (i) carry out an orderly winding down of the affected work; (ii) deliver to Client the applicable work/deliverables not previously delivered in its then current form and any documents or other information in whatever manner related thereto, (iii) return any property of the Client then in Deckard’s possession; and (iv) submit a final invoice to Client for any Services performed prior to the date of such termination and as otherwise permitted by this Agreement. Client shall pay Deckard those amounts due for Services performed up to the date of termination.

6. Cooperation. Deckard expressly agrees that it shall reasonably cooperate with and assist Client in: (a) responding to any inquiry or claim by or from any Federal, State or local government agency regarding the performance of this Agreement; and/or (b) exercising any rights that Client may have to pursue any remedies available to it under any applicable Federal, State or local law or regulation.

7. Deckard Personnel. Deckard shall perform all Services in a professional and workmanlike manner by individuals qualified to perform the Services. Deckard may, at its discretion, subcontract with other companies or individuals to carry out some part of the Services, provided that Deckard shall remain responsible for the oversight of all work performed.

8. Relationship of the Parties. Deckard is, and at all times during the term of this Agreement shall be, an independent contractor of Client. Deckard shall not represent to any Client customer or other person or entity that it has any right, power or authority to create any contract or obligation, either express or implied, on behalf of, or binding upon Client or to any way modify the terms and conditions of any SOW. This Agreement shall not create or in any way be interpreted to create a partnership, joint venture, or formal business organization of any kind between the parties.

9. Representations and Warranties.

9.1. Deckard represents and warrants that:

9.1.1. Deckard shall perform all Services in a competent, professional, workman -like manner and in accordance with the governing SOW and any applicable industry and/or professional standards;

9.1.2. It has the legal right and authority to enter into this Agreement and perform the Services under any SOW under which it agrees to perform Services;

9.1.3. Upon execution by an authorized representative, this Agreement will be a binding agreement, enforceable against Deckard in accordance with its terms; and

9.1.4. Entering into this Agreement or performing work under a particular SOW shall not violate any agreement (written or implied) with any third party.

9.2. Client represents and warrants that:

9.2.1. It has the legal right and authority to enter into this Agreement and to deliver the Data to Deckard to perform the Services;

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9.2.2. Upon execution by an authorized representative, the Agreement will be a binding Agreement, enforceable against Client in accordance with its terms; and

9.2.3. Entering into this Agreement or performing work under a particular SOW shall not violate any agreement (written or implied) with any third party.

These warranties shall survive inspection, acceptance, and payment and are in addition to all other warranties expressed or implied by law.

10. Nondisclosure of Confidential Information. During the performance of this Agreement certain proprietary, technical and financial information may be disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) and shall be deemed proprietary if marked with a conspicuous legend identifying it as proprietary or confidential information (“Confidential Information”). The Receiving Party shall not use less than the same efforts to prevent the disclosure of Confidential Information received hereunder as is used to protect its own Confidential Information, and in no event, however, less than a reasonable degree of care. Disclosure of Confidential Information received hereunder shall be restricted to those individuals who are directly participating in the performance of the Services under this Agreement. Confidential Information shall not include information that the Receiving Party can demonstrate by competent evidence is (a) rightfully known to the Receiving Party without obligations of non-disclosure, prior to receipt of such information from the Disclosing Party; ( b) independently developed by the Receiving Party without the benefit or use of the Confidential Information furnished by the Disclosing Party, or obtained in good faith from a third party having no obligation to keep such information confidential; or (c) publicly known through no breach of this Agreement. Receiving Party may disclose Confidential Information when required by operation of law or pursuant to the order of a governmental agency, but only upon prior written notice to the other party to allow the other party the opportunity to take appropriate legal measures to protect the Confidential Information. The parties acknowledge that any unauthorized use or disclosure of the Co nfidential Information may cause irreparable damage to the other Party, for which there is no adequate remedy at law, and shall entitle the other Party to obtain immediate injunctive relief without any requirement to post bond, in addition to all other available remedies.

11. Liability Limitations; Disclaimer. ALL DELIVERABLES PROVIDED TO CLIENT BY DECKARD UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. IN NO EVENT SHALL

EITHER PARTY OR ITS RESPECTIVE EMPLOYEES, REPRESENTATIVES OR SUBSIDIARIES BE

LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES,

WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVIS ED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF EACH

PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT TO DECKARD UNDER THIS AGREEMENT.

12. Indemnification. Deckard shall indemnify and hold Client harmless from and against any third party claims against and damages incurred by Client that are finally awarded by a court of competent jurisdiction (including reasonable attorneys’ fees) as a result of (a) injury or death to persons, or loss of or damage to property caused by the acts of Deckard or its agents; (b) a claim that the Services infringe the intellectual property rights of any third party; and (c) any violation by Deckard, its employees, agents, representatives or any person or entity acting on its behalf of any, Federal, State and/or local law, or regulation. Deckard shall be entitled to assume control of the settlement, compromise, negotiation and defense of any claim, and in such case, Deckard shall not enter into any settlement of any claim or action that adversely affects Client’s business or interests without its prior approval, which shall not be

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unreasonably withheld or delayed. Client shall indemnify and hold Deckard harmless from and against any third party claims against and damages incurred by Deckard that are finally awarded by a court of competent jurisdiction (including reasonable attorneys’ fees) as a result of (a) injury or death to persons, or loss of or damage to property caused by the acts of Client, its customers or its agents; (b) any violation by Client, its customers, employees, agents, representatives or any person or entity acting on its behalf of any, Federal, State and/or local law, or regulation. Client shall be entitled to assume control of the settlement, compromise, negotiation and defense of any claim, and in such case, Client shall not enter into any settlement of any claim or action that directly affects Deckard’s business or interests without its prior approval, which shall not be unreasonably withheld or delayed.

13. Proprietary Rights. The results of the Services delivered to Client in the form delivered to Client, including all reports, technical communications, drawings, records, charts, or other materials originated or prepared by Deckard for Client in performing the Services (all of the foregoing, collectively, the “Work Product”) shall be the property of Client, and Deckard hereby assigns all rights to such Work Product to Client. Without limiting the generality of the foregoing and subject to Deckard’s confidentiality obligations under this Agreement, Client acknowledges that the Work Product will include the aggregation and analysis of certain publicly available data and agrees that nothing contained in this Agreement shall be interpreted to prohibit Deckard fr om using its technology and other intellectual property to analyze the same or similar publicly available information for third parties. In addition, to the extent that Deckard incorporates any Deckard Property (as defined below), including any pre-existing or copyrighted work of Deckard into the Work Product, such Deckard Property shall remain the property of Deckard. Deckard grants to Client a perpetual, royalty -free, irrevocable, worldwide, non -exclusive license to use such Deckard Property in connecti on with exercising the rights of ownership granted to Client under this Agreement. In addition, nothing herein shall grant to Client any rights in the Platform or any other proprietary technologies and intellectual property used by Deckard in preparing an y Work Product (“Deckard Property”).

14. Governing Law. This Agreement and all disputes relating to this Agreement shall be governed by the laws of the State of California, except as to any provisions of this Agreement that are properly governed by the laws of the United States. All controversies or disputes arising out of this Agreement shall be heard in either the state or federal courts sitting in San Diego County, California. THE PARTIES HERETO KNOWINGLY AND IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY.

15. Assignment. Deckard shall not assign, transfer or sell its rights or obligations under the Agreement without Client’s prior written consent, which shall not be unreasonably withheld; provided that such consent shall not be required if the assignment is in connection with the sale of all or substantially all of Deckard’s business to which this Agreement relates, whether by merger, sale of stock, sale of assets or otherwise.

16. Severability; Survival. If any part, term, or provision of the Agreement is held invalid or unenforceable for any reason, the remainder of the Agreement shall continue in full force and effect as if the Agreement has been executed with the invalid portion thereof eliminated. U pon termination or expiration of this Agreement, the terms and conditions set out in Sections 5.4, 8, and 10 through 22 will survive such termination.

17. Waiver of Breach. The waiver of a breach of the Agreement or the failure of a party to exercise any right under the Agreement shall in no event constitute a waiver of any other breach, whether similar or dissimilar in nature, or prevent the exercise of any right under the Agreement.

18. Force Majeure. Neither party shall be liable for any failure to perform, or delay in performing, any of its obligations hereunder due to causes beyond its reasonable control, and without the fault or

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negligence of that party. Such causes shall include, without limitation, Acts of God, acts of civil or military authority, fire, flood, epidemic, pandemic, quarantine, freight embargo, civil commotion or acts of war, declared or undeclared.

19. Compliance with Laws. Each party agrees to comply with all applicable local, state, and federal laws and executive orders and regulations issued pursuant thereto and agrees to defend, indemnify, and hold the other party harmless from any claim, suit, loss, cost, damage, expe nse (including reasonable attorney’s fees), or liability by reason of the other party’s violation of this provision.

20. Dispute Resolution. In the event of a claim or dispute between the parties arising under this Agreement, such claim or dispute shall be settled by mutual agreement between the senior management of the parties, If an agreement is not reached within a reasonable time, except as otherwise provided in this section, any dispute concerning the terms and conditions of this Agreement may be resolved by pursuing any right or remedy available at law or in equity in accordance with this Agreement. Deckard shall, at all times, proceed diligently with the performance of the Services hereunder. Notwithstanding the above, Client’s contract with a governmental entity may include a disputes clause under FAR 52.233- 01 (the “Disputes Clause”), pursuant to which a prime contra ctor may pursue certain procedures in the event of a dispute between the customer and Client with respect to questions of law or fact relating to the government contract. In such case, all Deckard claims, controversies or disputes concerning matters that are subject to the Disputes Clause of the government contract shall be governed solely by such disputes clause Deckard shall be responsible for providing any and all certifications required by law or Client to enable Client or its customer to verify, support, or confirm such certifications. Both parties agree that the occurrence of a dispute under the Disputes Clause shall not interfere with either party’s performance or other obligations under this Agreement.

21. Entire Agreement. This Agreement and each SOW issued hereunder represent the entire understanding and agreement between the parties hereto and supersede all other prior written or oral agreements made by or on behalf of Client or Deckard. In the event of a conflict between the terms and conditions of this Agreement and any SOW, the Agreement shall control, unless the SOW expressly provides that it is intended to modify the Agreement. Deckard’s proposals shall not be part of this Agreement unless specifically referenced in the SOW and agreed to in writing by Client. This Agreement may be modified only by written agreement signed by the authorized representatives of the parties.

22. Communications and Notices. Other than communications required to be made by Deckard’s project manager to Client’s project manager, all notices, orders, directives, requests or other communications of the parties in connection with this Agreement shall be in writing and shall be provided as follows:

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Deckard Technologies, Inc. MSA 12.02.2024

In the case of Client: In the case of Deckard
________________________ Nickolas R. Del Pego, CEO
________________________ 1620 Fifth Ave Suite 400
________________________ San Diego, CA 92101
________________________ [email protected]

23. Media and/or Logo Use. Client agrees that Deckard shall have the right to use Client’s name and logo on website, marketing materials and advertisements. In addition, Client and Deckard will work together to identify appropriate testimonials to promote Rentalscape and to generate announcements, press engagements and public speaking events with respect to the benefits of the Services. Client shall have the right to revoke Deckard’s right to use its name and logo by providing Deckard with 30 days’ advance written notice. Upon the expiration or termin ation of this Agreement the rights set forth in this Section 23 shall terminate.

[Signature Page Follows]

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Deckard Technologies, Inc. MSA 12.02.2024

IN WITNESS WHEREOF, Deckard and Client have each caused this Agreement to be executed by their duly authorized representatives, effective as of the dates indicated below .

DECKARD TECHNOLOGIES, INC.

By:

Print Name:

Date:

Title:

CLIENT
By:

Print Name:

Date:

Title:

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Deckard Technologies, Inc. MSA 12.02.2024

EXHIBIT A

STATEMENT OF WORK

This Statement of Work (“SOW”) will be effective as of the last date of signature below, and upon execution will be incorporated into the Master Services Agreement between Deckard Technologies, Inc. and the City of San Bernardino dated _______________ (the “Master Agreement”). Capitalized terms used in this SOW will have the same meaning as set forth in the Agreement.

1. Short Term Rental Service. Client desires to engage Deckard to use the Rentalscape Platform to prepare real estate property data for short-term rentals (“STRs”) on all identifiable properties within the City of San Bernardino in the State of California based upon publicly available data and such other data relevant to the Designated Geography to be provided to the client by Deckard (reports accessible from Rentalscape). The Reports shall include at a minimum:

1.1. Information on STRs currently active in the Designated Geography;

1.2. The aggregate revenue from actively listed bookings;

1.3. The average number of nights booked per reservation;

1.4. The major platforms used by STR hosts;

1.5. Average daily rates;

1.6. Booking trends during the Reporting Period;

1.7. Identify, by address, the following violations of STR ordinances within the Designated Geography;

1.7.1. Listings or advertisements that do not include an STR permit number;

1.7.2. Listings or advertisements that represent or offer occupancy in excess of the occupancy maximums in the Designated Geography; and

1.7.3. Properties advertised as STRs that are only permitted as long-term rentals;

1.8. Identify the actively listed STRs by month and address;

1.9. The total number of properties actively listed in the Designated Geography each month during the Reporting Period;

1.10. List the property owners; and

1.11. List the permit history of each property offering STRs in the Designated Geography.

2. Designated Geography. The City of San Bernardino

3. Reporting Period. Reports available in the Rentalscape Platform throughout the year.

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4. Fees; Payments.

4.1.         Annual Software Subscription: $ 7,500 (Identification, Compliance Monitoring and Rental Activity based on properties that are listed in Rentalscape as identified STRs). We approximate 150 properties by the end of year one as being Monitored in Rentalscape.

4.2.         Outreach Campaign: Included to drive compliance. Three letter campaign to inform and encourage property owners to become compliant with the Registration Process.

4.3. Optional Expert Services upon Request by the City/County are available at $250 per hour.

4.4.         24/7 Live Hotline. $3,500 annually. Live answered Hotline that can dispatch to responsible parties depending on identified call flow.

4.5.         Maximum Price:  In no event will the total subscription fees in the first year exceed $11,000. Future years’ renewals will be subject to an annual increase not to exceed 5% per annum.

4.6.      Timing:  Client will pay the annual subscription fees within 30 days of receipt of invoices from Deckard.

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Deckard Technologies, Inc. MSA 12.02.2024

All terms and conditions of the Agreement will apply to this SOW. This SOW will be effective as of the date of the last signature below.

SOW AGREED TO AND ACCEPTED BY:

DECKARD TECHNOLOGIES, INC.

By:

Print Name:

Date:

Title:

CLIENT
By:

Print Name:

Date:

Title:

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Short-Term and Vacation Rental
By: Gabriel Elliott - Director of Community Development & Housing

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Background
Ø On December 12, 2023, the Planning Commission, by a
unanimous vote, adopted Resolution No. 2023-043PC
forwarding a recommendation that the Mayor and City
Council approve Development Code Amendment 23-01,
amending Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short Term and Vacation Rental Program in the City of San Bernardino.

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Background
Ø On February 21, 2024, staff took forward a recommendation to the Mayor and City Council for the adoption of a regulatory scheme for Short-Term Rentals.

Ø At the meeting, the City Council directed staff to conduct additional analysis on enforcement measures and the effects of a Short-Term Rental Program on the City’s housing market.

Ø On June 5, 2024, when the item was brought back to the City Council as directed, the Council, a narrow majority, banned short-term vacation rentals in the city, and requested staff bring back an enforcement plan.

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Background
Ø The City of San Bernardino does not currently have an ordinance that expressly regulates STRs and has experienced the negative effects of excessive noise, parking problems and discarded trash on surrounding properties, resulting in numerous complaints, creating a threat to the public interest, health, safety, convenience, and welfare of the community.

Ø San Bernardino has received numerous complaints about residents leasing their residential properties to travelers and for weekend retreats as short-term vacation rentals. Common complaints assert that the rentals cause conditions that degrade the quality of residential neighborhoods.

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Background
Ø The City’s Municipal Code (SBMC) does not specifically address short-term and vacation rentals. However, a
commercial use is generally prohibited in residential zones, unless specifically permitted. Because the SBMC does not expressly prohibit short-term vacation rentals, the issue of the SBMC’s intent is disputed by residential property
owners who wish to lease to tourists and/or retreatants for short stays.

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SHORT TERM RENTAL PROGRAM
ØA Short Term Rental program will ensure that the
use will be recognized as a bona fide land use in
the development code with a definition and
accompanying development standards. The City
will adopt and implement specific revisions to the
SBMC that would regulate the land use.

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SHORT TERM RENTAL BAN
ØWith a ban in place, the City would no longer
need to rely on various interrelated code
provisions that together proscribe vacation
rentals. The City will adopt and implement
specific revisions to the SBMC that would
ban short-term vacation rentals outright in
residential zones.

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SHORT TERM RENTAL BAN
ØA clear prohibition may deter violations
because it would create less confusion
among homeowners. A ban would not alter
the SBMC’s current implicit characterization
of short-term rentals as inconsistent with the
City’s residential land use regulations.

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SHORT TERM RENTAL BAN
ØTo effectively ban short term rentals,
the city would first need to identify
those properties that are currently
engaged in the short-term rental
activities and officially notify them of
the ban.

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ASSOCIATED COSTS
Ø The city has engaged the services of Deckard Technologies, a company that utilizes data science expertise to assist local governments with managing compliance activity and enforcement, such as short-term rental (STR) properties.

Ø Deckard Technologies would use Rentalscape platform to accurately track activity within the City of San Bernardino, to identify the exact addresses of the STR listings within the City limits.

Ø There are cost implications depending on the level of service required by the city. The contract for Rentalscape only, for the identification, monitoring, and compliance letters is $7,500, annually. Contract for Rentalscape, Online Registration and TOT for the above along with registration and TOT collection is $16,500 annually.

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TRANSIT ORIENTED TAXES
ØPer Section 3.55.020(A), each transient is subject to
and shall pay a transient lodging tax in the amount
of 10% of the room rental charged by the operator.

ØBased on the definitions IN Section 3.55.020(a),
staff believes that the existing TOT language applies
to short term rentals.

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GENERAL PLAN GOALS & POLICIES
Ø The City of San Bernardino General Plan includes goals and policies to guide future housing development, as follows:

Ø Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods. L
Ø and Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.

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KEY STRATEGIC TARGETS & GOALS
ØAn Ordinance regulating or banning
Short Term and vacation rentals aligns
with Key Target Goal No. 3: Improved
Quality of Life and, more specifically, 3a:

Improve the City’s appearance,
cleanliness, and attractiveness.

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KEY STRATEGIC TARGETS & GOALS
ØRegulation will update the Development
Code to allow short term and vacation
rentals in all residential zones. The
amendment to the Development Code will
ensure consistency with the City’s land use
designations as required by the City’s
General Plan.

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KEY STRATEGIC TARGETS & GOALS
ØA ban will also update the Development
Code banning short term and vacation
rentals in all residential zones. The
amendment to the Development Code will
ensure consistency with the City’s land use
designations as required by the City’s
General Plan.

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CEQA
Ø The Planning Division conducted an environmental
evaluation in connection with proposed Ordinances and
concluded that it is exempt from CEQA under Section
15061(b)(3) (Common Sense Exemption) of the CEQA
Guidelines because the proposed Ordinance to regulate or ban short term and vacation rental will not create significant effects on the environment as it regulates or prohibits short term rentals in all residential zones.

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FISCAL IMPACTS
ØTransit Occupancy Tax associated with this
program has the potential to contribute up
to $324,000, annually. At same time, there
is a potential cost of up to $16,500 for a
program to monitor the locations of short
term and vacation rentals in the city.

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RECOMMENDATION
It is recommended that the Mayor and City Council take the following action:

1. Adopt Ordinance No. MC-XX-X, establishing a regulatory program for short term and vacation rentals in residential zones in the City of San Bernardino; or

2. Adopt Ordinance No. MC–XX-X banning short-term rentals in residential zones in the City of San Bernardino).

3. That the Council take no action.

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THANK YOU & QUESTIONS?

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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 4004424
Vanessa Alvarado

CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING
Display Ad 2-4-26 DEVELOPMENT CODE AMENDMENT 25-09
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:
01/25/2026
01/26/2026

SAN BERNARDINO
!A000007307156!
Email

N OTICE OF PUBLIC H EAR IN G

CITY COUNCIL OF THE CITY OF

SA N BERNARDIN O
NO TICE IS HER EBY G IVEN tha t
the City of San Bernardino May or
and City Counci l will hold a public
meeti ng on Wednesday, February 4,
20 26 at 5:00 PM in the City Counc il
Cham bers in the N orm a n F.

Feldh eym Centr al Librar y at 555
West 6 th Street, San Bernar dino,
California. Visit the City'sagen da
portal at www.sbcit y.org to acce ss
more meeti ng informat ion.

The pur pose of the hearing is to
consider the following:

DE VELO PMENT C ODE
AMENDMENT -- - 2 5 -09: A requ est
to amend Chapter 19.02 (Basic
Provisions), Section 19.02.050
(Defin itions) is updat ed to ad d
definitions for those term s used
spe cifically within the Short -Te rm
Rent al Pro gram and Chapter 19.04
(Residential Zones), Table 04.01
(Permitte d and C onditionally
Permi tted Us es)is updat ed to ad d
sho rt -term rentals as an
unpe rmit ted use w ithin all single -
fami ly and multi -fam ilyzones.

En vironmental Deter min ation:

Comp liance with the California
En vironmental Quali ty Act. Th e
Mayor and City Counci l, havi ng
independently review ed an d
anal yzed the record before it,
including written and oral
testimony, and having exer cised
their independent judgem ent, finds
that there is no substantial eviden ce
suppo rting a fair argument tha t
appro val of Development code
Am en dment 25 -09 and this
Resolution No. 2025 -059 will result in
a significant effect on the
env ironment, and thus the pro ject is
exem pt pur sua nt to Sect ion 15061 (b)
of the California Envir onmental
Qual ity Act guidelines due to the fact
that the activity doe s no t resu ltin a
direct or reasonably foreseea ble
indirect physical change to the
env ironment.

Appl icant: City of San Bernardino
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 follow ing
wa ys: 1) comm ents and contac t
informat ion can be emailed 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.

If you cha llenge the mat ter in cou rt,
you m ay be limited to raising 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

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Clerk 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 City Clerk'sOf fice as far
in advance of the meeting as
possib le.

Addi tional inform ation con cerning
the above matter m ay be obtained
from, and wr itten comment s shou ld
be addr essed to, San Berna rdino
City Clerk, 2 90 Nort h "D" Street, Sa n
Bernardino, California 92401 .

Telicia Lopez ,CM C
City Clerk
DA TE D: Janua ry 2 5,2026
1/25/26
SBS -40 04424#

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Jasmine Glover-McNamara, Director of Animal Services Department: Animal Services
Subject: Authorization to Terminate Month-to-Month Lease Agreement Between the City of San Bernardino and Casa
Ramona, Inc. for Off-Site Animal Shelter Operations
Located at 1543 W. 8th Street, San Bernardino (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-007;

City Manager's Comments
Based on the experience with leasing the facility and managing staff at two facilities, it was determined that it would be more efficient to move the animals back to the main animal shelter. This will reduce lease costs for Animal Services long-term.

Executive Summary
This item recommends that the City Council authorize the City Manager to terminate the month-to-month Lease Agreement with Casa Ramona, Inc. for the property located at 1543 W. 8th Street, San Bernardino, which served as a Satellite Animal Shelter for pet adoptions. Operational and animal welfare assessments concluded that maintaining an off-site location is no longer necessary or efficient, and consolidating services to the main shelter campus will improve animal care, staff safety, public

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access, and adoption outcomes while eliminating operational risks associated with the off-site facility.

Terminating the lease will avoid continued monthly rent payments of $10,763 and eliminate off-site staffing and utility costs. There is no negative operational impact to Animal Services, as the main shelter renovations are close to completion and the Department has adequate capacity on the primary campus to support adoption services and animal housing.

Background
The original lease was authorized by the Mayor and City Council on October 2, 2024, through Resolution No. 2024-209, approving the use of the property at 1543 W. 8th Street, San Bernardino, as an interim Animal Shelter Supportive Services Center and authorizing the City Manager to execute the agreement. The lease term was scheduled to expire on September 30, 2025.

On August 20, 2025, the Mayor and City Council adopted Resolution No. 2025-356 authorizing the City Manager to execute Amendment No. 1 to extend the lease for an additional five years, through September 30, 2030, with a month-to-month conversion thereafter. Amendment No. 1 was not executed, and the lease has remained on a month-to-month basis.

Discussion
The proposed action would terminate the month-to-month lease agreement between the City of San Bernardino and Casa Ramona, Inc. After an operational and animal welfare assessment made by the Department of Animal Services, it has been determined that the facility is no longer suitable, necessary, or compliant for animal housing and has been vacated.

The offices spaces, which were divided into separate dog and cat buildings, was originally intended to provide temporary relief for the main Animal Shelter located at 333 Chandler Pl. San Bernardino, California while renovations were completed and the Department transitioned services for the five additional contract cities acquired in July 2024. The Casa Ramona facility, previously used as a medical office facility, was not designed or constructed for animal housing and did not meet recognized shelter veterinary standards related to sanitation, housing design, drainage, or behavioral wellness. The Association of Shelter Veterinarians’ Guidelines for Standards of Care in Animal Shelters require that animal housing areas be constructed with durable, non- porous materials, adequate drainage, appropriate ventilation, and surfaces capable of effective disinfection. This building lacked floor drains, adequate sanitation infrastructure, and appropriate kennel housing. Urine saturated the vinyl flooring, which was not intended to withstand prolonged exposure to animal waste, resulting in persistent foul odor and sanitation concerns.

Despite best efforts by staff, the dog rooms proved difficult to clean and disinfect, as mopping alone does not meet recommended sanitation and disease-control standards for shelter environments. Chewed drywall, exposed electrical wiring, damaged

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baseboards, and compromised cabinetry created ingestion, choking, and electrical hazards for dogs. Dogs were also housed in isolated rooms with minimal visibility from the public, reducing adoption opportunities. From May 7, 2025, to November 11, 2025, only 60 dogs were adopted from this location, compared to 1,836 dogs adopted from the main shelter during the same period. The original expectation that the facility could house up to 80 dogs was significantly overestimated, in practice, only 15–20 small dogs could be housed safely.

Staffing and safety were persistent challenges. The site required pulling existing staff from the main shelter, resulting in operational strain, reduced coverage, and diversion of key personnel from core functions, including volunteer and foster coordinators and adoption services. Additionally, there were multiple security incidents involving unauthorized individuals entering the building during cleaning hours, as well as repeated break-ins of the outdoor storage container. These safety concerns made the site unsuitable for continued operations with limited staffing and extremely limited supervision.

In contrast, the cat area performed reasonably well in terms of adoption visibility, but the same staffing and safety limitations applied. With the completion of main shelter renovations, the original operational need for an off-site location no longer exists. The Department now has adequate capacity on the main campus, which includes 294 dog kennels and additional space for cats. Returning operations fully to the main shelter campus will improve animal care, public access, staff efficiency, adoption outcomes, and safety while eliminating the cost and risk associated with maintaining an off-site facility not designed for animal sheltering.

In accordance with the Lease Agreement, the City will provide the required ninety (90) day written notice to the Lessor and comply with all contractual obligations associated with termination, including addressing reasonable repairs to the premises.

For these reasons, the Department recommends discontinuing the month-to-month lease and formally terminating the agreement with Casa Ramona, Inc. 2021-2025 Strategic Targets and Goals
The termination of this lease agreement is consistent with Key Target No. 1: Improved Operational & Financial Capacity. With the upcoming completion of renovations at the main shelter, the original operational need for an off-site location no longer exists.

Returning services to the primary campus will consolidate resources, eliminate unnecessary costs, and improve operational efficiency.

The termination of this lease agreement is consistent with Key Target No. 3: Improved Quality of Life. Returning operations to the main shelter campus will improve animal care, public access, staff efficiency, adoption outcomes, and safety, while eliminating the cost and risk associated with maintaining an off-site facility not designed for animal sheltering.

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Fiscal Impact
There is no General Fund impact associated with this action. The termination of the Lease Agreement will avoid continued monthly rent costs of $10,763. There is no negative operational impact to Animal Services, as the Department has adequate capacity on the main shelter campus to support adoption services and animal housing.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-007;

1. Authorizing the City Manager to terminate the Lease Agreement with Casa Ramona, Inc. for the property located in the First Ward at 1543 W. 8th Street, San Bernardino, California, which was intended to serve as a Satellite Animal Shelter for pet adoptions on behalf of the City of San Bernardino, terminating the previously approved but not fully executed lease agreement that extended the lease term for five years through September 30, 2030, with a month-to- month conversion at the end of the term.

Attachments
Attachment 1 Documentation of Damage to the Casa Ramona Property by Housed Animals
Attachment 2 Casa Ramona Resolution No. 2024-209
Attachment 3 Original Lease Agreement with Casa Ramona
Attachment 4 Casa Ramona Resolution No. 2025-356
Attachment 5 Amendment No. 1 with Casa Ramona
Attachment 6 Resolution 2026-007 Termination of Casa Ramona Lease Agreement
Ward:

First Ward
Synopsis of Previous Council Actions:

October 2, 2024 – Resolution No. 2024-209: Approved a one-year Lease Agreement with Casa Ramona, Inc., effective through September 30, 2025.

August 20th, 2025 – Resolution No. 2025-356: Approved Amendment No. 1 extending the lease term for five years through September 30, 2030, with a month-to-month conversion at the end of the.

CC: Eric Levitt, City Manager

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Casa Ramona, Inc. Property located at 1543 W. 8th Street, San Bernardino Animal Services Damage by Animals Photo Documentation

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CITY OF SAN BERNARDINO
AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement (“Lease”) is made and entered into on this [___] day of [______], 2025, by and between the CITY OF SAN BERNARDINO, a charter city and municipal corporation (“City” or “Lessee”), and Casa Ramona, Inc., a California Nonprofit Corporation (“Lessor”). City and Lessor may be referred to in this Lease individually as “Party” or collectively as “Parties.”

RECITALS
A. Lessor is the owner of certain real property located at 1543 W. 8 th Street, San Bernardino, California, 92411 AND/OR APN 0139-273-03-0000, in the City of San Bernardino, County of San Bernardino , State of California (“the Property”) , more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference.

B. Lessor and Lessee enter ed into a Lease Agreement on October 2, 2024 , for the subject property.

C. Upon the terms and conditions set forth in the Lease Agreement of October 2, 2024 , Lessor desires to continue leasing the Property ( the “Leased Premises”) to City, and City desires to continue leasing the Leased Premises from Lessor for the purpose of providing Interim Animal Shelter Supportive services.

AGREEMENT

1. Term. The term of this Amendment No. 1 to Lease Agreement shall commence on October 1, 2025 (“Renewal Date”).

The lease provided herein shall continue for a period of five (5) years, ending on September 30, 2030. After expiration of the term under this Amendment No. 1 to Lease Agreement, and in the case where City has not vacated the Leased Premises prior to expiration, tenancy shall continue on a month -to-month basis , under the same terms and conditions under this Lease , until either party terminates this Lease in accordance with Section 20 of the original Lease.

1.1 Renewal Option . City has an option to extend this Lease for an additional term(s) of one (1) year (“Extended Term”). To exercise the option, City must provide written notice to Lessor at least ninety ( 90) days before the end of the Initial Term.

2. Payments.

2.1 Base Lease Payments . City shall pay to Lessor, as rent, the sum of $10,763.00 per month (the “Base Lease Payment”) or $1.50 per square foot of gross

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leasable Area (GLA) . The first lease payment under this Amendment No. 1 to Lease Agreement shall be due on October 1, 2025. Subsequent lease payments shall be due and payable on the first day of each calendar month.

2.2 Additional Rent. Co mmencing on the first anniversary of the date City is obligated to pay rent under this Amendment No. 1 to Lease Agreement, and continuing on each subsequent anniversary during the term of this Lease, the Base Lease Payments shall be increased by 3 percent (3%).

3. Notice. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, return receipt requested, telegraphed, delivered or sent by telex, telecopy or cable and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days after the date of posting by the United States post office, (iii) if given by telegraph or cable, one (1) business day after the date delivered to the telegraph company with charges prepaid.

To City: City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager
To Lessor Casa Ramona, Inc.

Attn: Esther Estrada
531 Tia Juana Street
San Bernardino, CA 92411

Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept , or the inability to deliver because of changed address of which no notice was given , shall be deemed to constitute receipt of the notice, demand, request or communication sent.

4. Counterparts. This Amendment No. 1 to Lease Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

5. Captions. Any captions to, or headings of, the section s or subsections of this Amendment No. 1 to Lease Agreement are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of the validity of this Lease or any provision hereof.

6. No Obligations to Third Parties . Except as otherwise expressly provided herein, the execution and delivery of this Lease shall not be deemed to confer any rights upon, nor obligate any of the parties thereto, to any person or entity other than the parties hereto.

7. Amendment of Lease. The terms of this Amendment No. 1 to Lease

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Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.

8. Waiver. The waiver or failure to enforce any provision of this Amendment No. 1 to Lease Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

9. Applicable Law . This Amendment No. 1 to Lease Agreement shall be governed by and construed in accordance with the l aws of the State of California.

Venue shall be the County of San Bernardino.

10. Authority to Execute Lease. Lessor and City warrant that the individu als who have signed this Amendment No. 1 to Lease Agreement have the legal power, right and authority to enter into this Lease so as to bind each party for whom they sign to perform as provided herein.

11. Successors and Assigns . This Amendment No. 1 to Lease Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.

12. Incorporation of Recitals. Each and all of the Recitals to this Amendment No. 1 to Lease Agreement are incorporated by reference as though fully set forth herein.

13. Entire Agreement. This Amendment No. 1 to Lease Agreement modifies any prior agreements, negotiations and communications, oral or written , between City and Lessor as to the subject matter hereof. No subsequent agreement, representat ion, or promise made by either P arty hereto, or by or to an y employees, officer, age nt or representative of either P arty shall be of any effect unless it is in writing and executed by the party to be bound thereby.

14. Severability. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Lease shall continue in full force and effect.

15. Electronic Signatures. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.

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SIGNATURE PAGE TO AMENDMENT NO. 1 TO LEASE AGREEMENT
BETWEEN CITY OF SAN BERNARDINO AND Casa Ramona, Inc., a 501 C3 Nonprofit company
IN WITNESS WHEREOF, the P arties have executed this Amendment No. 1 to Lease Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager

ATTESTED BY:

Telicia Lopez
Acting City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CASA RAMONA, INC.

Signature

Name

Title

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EXHIBIT A

1543 W. 8th Street, San Bernardino, CA 92411

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Resolution No. 2026-007

Resolution 2026-007
February 04, 2026

Page 1 of 3 ends

RESOLUTION NO. 2026-007

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING

THE CITY MANAGER TO TERMINATE THE MONTH -TO-
MONTH LEASE AGREEMENT WITH CASA RAMONA, INC.

FOR THE PROPERTY LOCATED IN THE FIRST WARD AT 1543
W. 8TH STREET, SAN BERNARDINO, CALIFORNIA

WHEREAS, on October 2, 2024, the Mayor and City Council adopted Resolution No. 2024- 209 approving a Lease Agreement with Casa Ramona, Inc. for the property located at 1543 W. 8th Street, San Bernardino, California, for the purpose of serving as an Interim Animal Shelter Supportive Services Center; and
WHEREAS, on August 20, 2025, the Mayor and City Council adopted Resolution No. 2025-356 authorizing the City Manager to execute Amendment No. 1 to extend the Lease Agreement for an additional five years, through September 30, 2030, with a month-to-month conversion thereafter; and
WHEREAS, Amendment No. 1 was not fully executed and the Lease Agreement has continued on a month-to-month basis; and
WHEREAS, the Department of Animal Services has determined that the operational need for the off-site facility no longer exists following the completion of renovations at the main shelter; and WHEREAS, the Department of Animal Services recommends termination of the Lease Agreement and consolidation of operations to the main shelter campus for improved efficiency, animal care, public access, and safety; and

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

SECTION 1. The City Manager is authorized to terminate the Lease Agreement with Casa Ramona, Inc. and to issue the required ninety (90) day written notice in accordance with the terms of the Lease.

SECTION 2. The City Manager is authorized to take all necessary actions to effectuate the termination, including addressing reasonable tenant repair obligations, and to execute any related documents.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution and the same shall become effective immediately.

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Resolution No. 2026-007

Resolution 2026-007
February 04, 2026

Page 2 of 3 ends

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of February 2026.

Helen Tran, Mayor
City of San Bernardino

Attest:

Telicia Lopez, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2026-007

Resolution 2026-007
February 04, 2026

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Telicia Lopez, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026 -007, adopted at a regular meeting held on the 4th day of February 2026 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 2026.

Telicia Lopez, CMC, City Clerk

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Telicia Lopez, 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. August 17, 2022 Regular Meeting Draft Minutes

2. December 17, 2025 Special Meeting Draft Minutes

3. December 17, 2025 Regular Meeting Draft Minutes
e Summary
kground
Click or tap here to enter text.

Discussion
Click or tap here to enter text.2021-2025 Strategic Targets and Goals Click or tap here to enter text.

Click or tap here to enter text.nclusion
Click or tap here to enter text.
ttachments
Click or tap here to enter text.

Ward:

Click or tap here to enter text.

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

Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

Draft Minutes

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

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

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

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

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

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

AUTHORITY

WEDNESDAY, AUGUST 17, 2022
5:30 PM

The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:33 PM by Mayor John Valdivia on Wednesday, August 17, 2022, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Telicia Lopez Chief Deputy City Clerk Present

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Regular Meeting Draft Minutes August 17, 2022
Mayor and City Council of the City of San Bernardino Page 2

CLOSED SESSION PUBLIC COMMENT
No public comment received.

CLOSED SESSION
A) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) (HR):

Agency Designated Representative: City Manager or designee Employee Organizations: San Bernardino Police Management Association

B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)) (Risk):
a) Faith Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2100620
b) Melody Duro v. County of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022639
c) Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802

7:00 P.M.

The Regular meeting was called to order at 7:10 p.m.

INVOCATION AND PLEDGE OF ALLEGIANCE
Father Manuel Cardoza of Our Lady of Hope Catholic Church led the Invocation and Council Member Sandra Ibarra led the Pledge of Allegiance to the Flag At this time the Mayor and City Council recognized Fire Chief Dan Mejia for his 35 years of service, expressed appreciation for his leadership, and wished him well in his retirement. Chief Mejia offered brief remarks and introduced incoming Fire Chief Martin Cerna. Chief Cerna addressed the Council, shared his background , and expressed his commitment to serving the City of San Bernardino.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated there were several items discussed, but no reportable action from Closed Session.

CITY MANAGER UPDATE
At this time, City Manager Rob Field provided city-wide updates. Highlights included the opening of a new hotel, the launch of an interactive property availability tool, progress on redevelopment sites, and upcoming quick -serve restaurant projects. Additional updates were given on public safety operations, arts and cultural grant awards, g rant funding secured for water infrastructure and animal services, library programs, and preparations for an upcoming community festival.

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MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included recognizing community events, neighborhood meetings, ribbon cuttings, public safety and animal services efforts, cultural activities, and upcoming citywide events. Several members acknowledged partnerships with residents, organizations, and regional agencies, as well as initiatives supporting economic development, workforce opportunities, and community well-being. Updates were also shared for the upcoming California League of Cities Conference from September 7th through 9th.

PRESENTATIONS

1. Citizen of the Month – Amanda Arroyo Maldonado (Ward 1) Council Member Sanchez presented a certificate for Citizen of the Month to Amanda Arroyo Maldonado

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

Reverend Martindale and Karen Suarez (joint comment) promoted the upcoming city festival and highlighted its role in uplifting the community after recent challenges. They invited residents and partners to participate in and attend the event.

Sharon Goldman petitioned the City to halt the demolition of the Carousel Mall and proposed repurposing the site as a rehabilitation center.

Oscar Rivas, Parks and Recreation Coordinator, spoke about the upcoming festival and his role on the exhibits committee, and highlighted planned cultural performances. .

Mike Hartley spoke on the Council Members' position on the Police Department. He expressed concern about their involvement in ward matters while emphasizing support for the police.

John Shollenberger raised concerns about reckless driving and public safety on 28th Street and thanked the Public Safety Commission and city officials for their response.

Paige Miller thanked Animal Services, the Police Department, and the Council for their efforts to improve public safety and code enforcement. She also spoke about the need for equal enforcement of rules to protect small businesses and the community.

Claudia Bautista , Deputy Director of the Pom ona Economic Opportunity Center spoke on behalf of day laborers and vendors affected by prior enforcement actions and thanked the City Council for advancing discussions on long-term solutions.

Jessica Alcocer, economic justice organizer, thanked the City for beginning collaboration on a day laborer and street vendor center. She stressed the importance of equitable support for both groups and continued partnership to promote economic mobility.

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Andy Lara supported the State Street expansion to bring new businesses and revitalization to the Sixth Ward. He encouraged adding trees and green spaces to improve health, safety, and quality of life for families.

Frank Audi, a resident, expressed frustration that city concerns, including animal issues and other complaints, have gone unaddressed despite repeated attempts to communicate with officials.

Jesus Oliveros, a day labo rer at the corner of Highland and Lincoln, spoke in support of the city’s proposal and the petition to preserve the worksite at 1033 West Highland Avenue, where he and other laborers have worked for 15 years.

Lawanda Rangel endorsed Jim P enman for mayor, citing his long service, local roots, and commitment to addressing crime, homelessness, and city challenges.

Daryl Murray thanked several Council Members for their support and condolences to the family of Rob Adams. He expressed concern about policing practices.

Luis Ojeda, president and founder of We Are the Change, encouraged community participation in the upcoming Festival event at Seccombe Lake Park. He emphasized volunteering, collaboration, and promoting positive energy to showcase San Bernardino’s opportunities and successes.

Jim Penman recounted leading a protest in Fontana 42 years ago against racial violence and successfully challenging an unconstitutional parade permit ordinance. He emphasized the need for leaders with diverse experiences.

Alvin King, representative for Rob Adams condemned excessive use of force and called for accountability, fairness, and empathy in law enforcement.

Malibu called for community and official accountability, addressing mental health, drug abuse, and intra-community violence, and promoted positive change through local events.

DISCUSSION

2. Annual Update on the Commercial Cannabis Regulatory Program Recommendation:

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

Economic Development Specialist Stephanie Sanchez gave a presentation to the City Council.

There was no action taken by the Mayor and City Council.

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CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.

Chief Deputy City Clerk Telicia Lopez announced there was an error on the recommendation for Item No. 3 on the agenda and the amount requested to appropriate was $20,000 however the amount should have been listed at $200,000, as indicated in the staff report.

3. California Animal Welfare Funders Collaborative Grant Recommendation
Adopt Resolution No 2022-176 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting a grant award in the amount of $20,000 from UC Davis for animal shelter programs; and

2. Authorizing the City Manager to conduct all negotiations signings and submittals of all necessary documents to receive the grant award; and

3. Authorizing the Director of Finance to amend the FY 2022/23 Budget to appropriate $20,000 of the grant funding for animal shelter programs and services.

RESULT: APPROVED THE CONSENT CALENDAR [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: APPROVED RESOLUTION NO. 2022-176 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: NO ACTION TAKEN; RECEIVE AND FILE

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4. City Board, Commission, and Citizen Advisory Committee Minutes Approved in June/July 2022
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in June and July 2022.

5. Congressional Black Caucus Foundation’s 51st Annual Legislative Conference Travel Authority and Expense Request for Council Member Kimberly Calvin Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the Travel Authority and Expense Request for Council Member Kimberly Calvin to attend the Congressional Black Caucus Foundation’s 51st Annual Legislative Conference from September 28 through October 2, 2022 in Washington, D.C.

RESULT: APPROVED THE MINUTES [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: APPROVED TRAVEL AND EXPENSES FOR COUNCIL MEMBER CALVIN [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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6. Approval of Commercial and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for July 2022.

7. Amendment No. 2 Initiation of Proceedings to Form Proposed Community Facilities District No. 2022-1(Highland/Medical) (Ward 4) Recommendation
It is recommended that the Mayor and the City Council for the City of San Bernardino, California,

1. Adopt Resolution No. 2022 -186 of the Mayor and City Council of the City of San Bernardino, California Amending and Supplementing the Resolutions Declaring Intention to Establish Proposed Community Facilities District No. 2022 - 1(Highland/Medical) of the City of San Bernardino; and

2. Adopt Resolution No. 2022 -187 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino

RESULT: APPROVED DISBURSEMENTS [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NOS. 2022-186 AND 2022-187 [7-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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8. Review of Administrative Budget Transfers
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget amendments from April 5, 2022 through June 30, 2022.

9. Health Benefits Plan Year 2023
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the City's health benefit plans for plan year 2023 and authorize the City Manager to execute any agreements necessary to effectuate the medical, dental, vision, life, short and long -term disability and other ancillary and voluntary plans that the City offers as part of its benefits package to employees.

10. Amendments to Professional Services Agreements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute:

1. The Third Amendment to the Professional Services Agreement with Lynberg & Watkins for representation in the San Bernardino Superior Court Case No. CIVDS1919509

2. The Second Amendment to the Professional Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No.

CIVSB2100620

3. The First Amendment to the Professional Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No.CIVDS2022639

4. The First Amendment to the Professional Services Agreement with Lawrence, Beach, Allen & Choi for representation in the San Bernardino Superior Court Case No. 5:21-cv-00454

RESULT: APPROVED BUDGET TRANSFERS [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: APPROVED HEALTH BENEFITS PLAN YEAR 2023 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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The Council discussed professional services agreements for legal representation. Staff explained the contracts were continuations of existing cases managed through the City’s Risk Management Division and insurance process. Council Members raised concerns about local and minority vendor preferences, and staff noted efforts to include local firms in future RFPs.

11. Approving Job Classifications and Amending the Salary Schedule Recommendation
Adopt Resolution No. 2022 -179 of the Mayor and City Council of the City of San Bernardino, California, approving the following:

1. Police Call Taker (PT) job classification

2. Permit Services Supervisor job classification

3. Amendment of the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions

*This item was not accurately reflected on the agenda and the position of Plans Examiner II within Community and Economic Development will be brought forward for Mayor and City Council consideration.

12. Add Additional Microsoft Office Licenses as needed for new employees (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the purchase of additional licenses of Microsoft Office 365 from Insight at $234.06 per user with a contingency of 10%, as needed, for price adjustment not to exceed the IT annual software support budget as new employees are hired for the City of San Bernardino.

RESULT: APPROVED POSITION OF POLICE CALL TAKER (PT), PERMIT

SUPERVISOR, AND AMENDMENT TO THE CITYWIDE SALARY

SCHEDULE FOR FULL-TIME, PART-TIME, TEMPORARY, AND
SEASONAL POSITIONS AND ADOPTED RESOLUTION NO.
2022-179 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: APPROVED AMENDMENTS TO PROFESSIONAL SERVICES
AGREEMENTS [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander

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13. Authorization to extend Granicus MinuteTraq contract from 7/1/2022 to 12/31/2022 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the contract with Granicus from 7/1/2022 to 12/31/2022 for $25,253.17 in order to allow time to transition to the new agenda management software, PrimeGov.

14. Skate Parks, Events, and Collaborations Update
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file.

15. Ratification of Grant Application for the Corporation for National and Community Service’s Senior Program
Recommendation
Adopt Resolution No. 2022-180 of the Mayor and City Council of the City of San Bernardino, California, approving the ratification of the submission of a grant application for Year Two of a 3-Year grant with the Corporation for National and Community Service’s Senior Companion Program, Accept the Grant Award in the amount of $332,662, and Appropriate the Grant Funds for the Period of July 1, 2022 through June 30, 2023.

RESULT: APPROVED ADDITIONAL MICROSOFT OFFICE LICENSES [7-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: APPROVED GRANICUS CONTRACT [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: APPROVED SKATE PARKS, EVENTS, AND COLLABORATIONS UPDATE [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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16. Purchase of Laser Scanning Equipment
Recommendation
Adopt Resolution No. 2022-181 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with FARO Technologies in an amount not to exceed $95,000 for the purchase of laser scanning technology and authorizing the Finance Director to issue a purchase order in connection with said agreement.

17. Construction Contract Award for Various Improvements (All Wards) Recommendation
Adopt Resolution No. 2022-182 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the award of a construction contract with Tryco General Engineering in the amount of $238,780 to provide City Wide Bus Stop Improvements; and

2. Authorizing the Agency Director of Administrative Services to record an amendment from the Measure I Fund to allocate an additional $94,500 to fund the project; and

3. Authorizing construction, contingencies, and inspection costs in the total amount of $271,500 for City Wide Bus Stop Improvements; and

4. Authorizing the City Manager or designee to execute all documents for the construction of the bus stops, the Blair Park fitness pad and the Mobile Veterinary Vehicle parking pad; and

5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the projects.

RESULT: ADOPTED RESOLUTION NO. 2022-180 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NO. 2022-181 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NO. 2022-182 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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18. Professional Services Agreements – On Call Inspection Services Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a one-year Professional Services Agreements with the firms of Z&K Consultants, GK & Associates, and Infrastructure Engineers, to provide as-needed, on-call Inspection Services and authorize the City Manager, or designee, to sign and execute the agreements.

RESULT: APPROVED PROFESSIONAL SERVICES AGREEMENTS [7-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

19. Agreement with San Bernardino Paint and Supply, Inc. for the Purchase of Paint and Related Materials for City-wide Graffiti Abatement (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute a Goods and Services Agreement with San Bernardino Paint and Supply, Inc., for the purchase of paint and related materials; and

2. Authorize the Agency Director of Finance, Human Resources, and Information Technology to appropriate funds in the amount of $130,000 to the Public Operations and Maintenance General Fund; and issue a purchase order in the amount of $130,000.

20. Resolution Declaring Intent to Annex Territory: Community Facilities District N0. 2019 -1 (Maintenance Services): Annexation No. 25, Tax Zone No. 26 (Palm)(Ward4)
Recommendation
Adopt Resolution No. 2022 -140 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 25) and authorizing the levy of a special taxes therein.

RESULT: APPROVED AGREEMENT WITH PAINT AND SUPPLY INC. [7-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NO. 2022-140 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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21. Amendment to Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019 -1 (Maintenance Services) Annexation No. 24, Tax Zone No. 25 (Highland/Medical Center) (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2022-183 of the Mayor and City Council of the City of San Bernardino, California, amending and supplementing the resolution declaring its intention to annex territory into Community Facilities District No. 2019- 1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 24) and authorizing the levy of a special taxes therein.

22. Five-Year Capital Project Needs Analysis (2022/2023 through 2026/27) for Measure “I” 2010-2040 Expenditures (All Wards)
Recommendation
Adopt Resolution No. 2022 -133 of the Mayor and City Council of the City of San Bernardino, California, approving the Revised Measure I Five -Year Capital Improvement Plan for Fiscal Year 2021/22 through Fiscal Year 2025/26 and Measure I Expenditure Strategy.

23. Issuance of a Purchase Order for Willdan Engineering, Inc. For On-Call Plan Check Services (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the Agency Director of Administrative Services to issue a purchase order to Willdan Engineering, Inc., in an amount not to exceed $550,000 in accordance with the On-Call Professional Services Agreement.

RESULT: ADOPTED RESOLUTION NO. 2022-183 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NO. 2022-133 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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24. Award Construction Contract for State Street Extension, Phase I - 16th Street to Baseline Street Project (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-185:

1. Approving the award of a construction contract with Riverside Construction Company, Inc. in the amount of $7,436,165.00 to construct State Street Extension Project; and

2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan Budget in the Regional Circulation System fund to allocate an additional $3,039,786 to the State Street Extension Project; and

3. Authorizing construction, construction contingencies and inspection costs in the total amount of $8,500,000 for State Street Extension project; and

4. Authorizing the City Manager or designee, to execute all documents for the construction of State Street extension, Phase I -16th Street to Baseline Street project with Riverside Construction Company, Inc.; and

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

6. Finding the Project is covered by the Mitigated Negative Declaration previously approved for the State Street Extension Project pursuant to the California Environmental Quality Act.

RESULT: APPROVED PURCHASE ORDER FOR WILLDAN ENGINEERING, INC. [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NO. 2022-185 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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25. Amendment No. 1 to Agreement with DLR Group for Preliminary Design of New Animal Shelter (Wards 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Professional Service Agreement with DLR Group increasing contractor travel expenses by the amount of $ 3,863.15; and authorizing the Agency Director of Administrative Services to increase the purchase order to a total amount not to exceed $165,630.15 for the preliminary design of the new animal shelter.

26. Amendment to Initiation of Proceedings to Form Proposed Community Facilities District No. 2022-2 (Palm) (Ward 4) Recommendation:

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

1. Adopt Resolution No. 2022-177 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Intention to Establish Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino;

2. Adopt Resolution No. 2022-178 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino

RESULT: APPROVED AGREEMENT WITH DLR GROUP [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NOS. 2022-177 AND 2022-178 [7-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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27. Adoption of Ordinance MC-1590, CFD 2019-1 - Annexation No. 18 Recommendation:

Adopt Ordinance No. MC-1590 of 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 2022 -2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019 -1 (Maintenance Services).

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, August 17, 2022, at 8:46 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, September 21, 2022, in the Council Chamber located at 201 North “E” Street , San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

RESULT: ADOPTED ORDINANCE MC-1590 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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

FOR THE

SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL

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

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

AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING

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

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

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

AUTHORITY
WEDNESDAY, DECEMBER 17, 2025
9:30 AM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 9:34 AM by Mayor Helen Tran on Wednesday, December 17, 2025, at Double Tree by Hilton Hotel – Vista Room 285 E Hospitality Lane, San Bernardino, CA 92408.

CALL TO ORDER

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Absent
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
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
Eric Levitt City Manager Present
Albert Maldonado Deputy City Attorney Present
Telicia Lopez 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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INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor BJ Simms with Kingdom Culture Worship Centre led the invocation, and Mayor Pro Tem Juan Figueroa led the Pledge of Allegiance to the Flag.

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Jeff Green spoke about a property at 450 N. G St. at which residents were being forced to pay increased rent or move out. He asked for the Mayor and City Council’s assistance with remedying the situation.

Pablo Velasco stated that he is a new commercial real estate agent and he is interested in developments in San Bernardino. He asked for the Mayor and Council’s support.

DISCUSSION

1. Mayor and City Council Team Building and Goal Setting Session The Mayor, City Council, City Manager, and Facilitator Knight Leadership Solutions, will hold a team building session. The session will include discussions aimed at creating strategic goals; and how its goals and strategies should drive decision- making and resource allocation. The facilitator will then lead a conversation about past achievements the Council wishes to build upon, followed by a discussion clarifying governance roles and responsibilities and the essential partnership between the Council and staff in achieving the City’s Vision and Mission. The group will also explore steps for identifying mutual purpose and common ground on key policies, issues, and decisions, while establishing effective communication norms.

The facilitator will share overarching themes from one-on-one Council interviews, and the Council and City Manager will discuss anticipated community and organizational challenges over the next 12–18 months.

Marie Knight of Knight Leadership Solutions facilitated goal setting with the Mayor and City Council. The objective of the event was to assist the Mayor and City Council in identifying their top priorities for the future of the City and determine if the City’s current goals align with the future goals.

The Mayor and City Council identified several topics to prioritize:

1. Fiscal Sustainability
- Tax revenue
- Investment portfolio
- City-wide forensic audit
- Review of the recent class & compensation study.

2. Become an Organization of Excellence.
- Succession planning
- Smart City innovation
- Strong and stable leadership
- Organizational values.

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3. Improve Quality of Life.
- Increasing culturally relevant City events
- Addressing blight
- Increasing housing
- Reducing homelessness.

4. Economic Growth and Development.
- Redevelopment in business corridors
- Job creation opportunities
- Leveraging assets and City-owned property
- Workforce development

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, December 17, 2025 at 3:42 p.m.

The next joint special meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on December 17, 2025, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 4:00 p.m.

Telicia Lopez, CMC
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, DECEMBER 17, 2025
4:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 4:00 PM by Mayor Helen Tran on Wednesday, December 17, 2025, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Absent
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
Eric Levitt City Manager Present
Albert Maldonado Deputy City Attorney Present
Telicia Lopez 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 4:00 P.M.

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

Council Member Ortiz announced that she would be recusing herself from Items A)iii and C of Closed Session, as they pertained to her.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Brian Pellis, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2226731
ii. City of San Bernardino, et al. v. Hangsing Li, et al., San Bernardino Superior Court Case No. CIVSB2528870
iii. Treasure Ortiz v. City of San Bernardino, et al, United States District Court Case No. 2:25-cv-10650
B) CONFERENCE WITH LEGAL COUNSEL- Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): (2) Cases C) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): (1) Case 5:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 6:36 PM by Mayor Helen Tran on Wednesday, December 17, 2025, at Feldheym Central Library, San Bernardino, CA.

INVOCATION AND PLEDGE OF ALLEGIANCE
Dr. Reginald L. Woods with Life Changing Ministries led the invocation, and Jovani Barrios from Mt. Vernon Elementary School led the Pledge of Allegiance to the Flag.

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CLOSED SESSION REPORT
Deputy City Attorney Albert Maldonado stated there was reportable action from Closed Session regarding Item B. The council voted unanimously to release results of two confidential third-party investigations. The motion was made by Council Member Sanchez, and seconded by Council Member Kim Knaus, to allow the Deputy City Attorney to read out the allegations and the findings of said investigations.

Attorney Maldonado provided details of ten allegations that were found to be either substantiated or not substantiated. Attorney Maldonado clarified that in this context, “substantiated” or “substantiated” was defined as the factual investigator determining that the allegation did happen. “Unsubstantiated” or “not sustained” means that there were no facts determined to support that the alleged action did happen.

Details were announced as follows for Investigation One:

A. Four allegations were made by former Acting City Manager Rochelle Clayton.

1. Alleged that the City owes Ms. Clayton “back pay” compensation for the time she worked as Acting City Manager.
-Allegation was unsubstantiated

2. Alleged that former Deputy City Manager Susie Soren tampered with or manipulated an investigation involving former Parks and Recreation Director Lydie Gutfeld and instructed or pressured a third-party investigator to look at Ms.

Gutfeld’s city credit card purchases after the investigator found that allegations against Ms. Gutfeld for a hostile work environment were unsubstantiated. -Allegation was unsubstantiated

3. Alleged that City Attorney Sonia Carvalho made inappropriate and unprofessional comments about Ms. Clayton at a September 2024 Zoom meeting with City staff. -Allegation was unsubstantiated

4. Alleged that City Attorney Sonia Carvalho harassed Ms. Clayton through the negotiation of Ms. Clayton’s settlement agreement.
-Allegation was unsubstantiated
B. Two allegations were made by Council Woman Treasure Ortiz:

1. Alleged that Ms. Rochelle Clayton was not entitled to severance pay, because she voluntarily resigned from her employment
-Allegation was unsubstantiated

2. Alleged that City Attorney Sonia Carvalho had a conflict of interest with respect to negotiating the Clayton settlement agreement, because Ms. Clayton previously made claims against Ms. Carvalho.
-Allegation was unsubstantiated

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Mayor and City Council of the City of San Bernardino Page 4 C. One allegation was made by former Deputy City Manager Susie Soren.

1. Alleged that Rochelle Clayton breached the mutual non-disparagement clause in Ms. Soren’s settlement agreement, by falsely alleging that Ms. Soren manipulated and altered investigative reports while she worked as Deputy City Manager. - Allegation was substantiated
Details were then announced as follows for Investigation Two:

Allegation No. 1: Did Helen Tran yell at Genoveva Rocha and accuse her of incompetence?
-Allegation was sustained
Allegation No. 2: Did Helen Tran attempt to influence Council Members Treasure Ortiz and/or Kim Calvin to terminate Ms. Rocha’s contract?
-Allegation was sustained
Allegation No. 3: Did Helen Tran treat Genoveva Rocha poorly and interfere with her role?
-Allegation was sustained in part
Allegation No. 4: Did Treasure Ortiz treat Genoveva Rocha poorly and interfere with her role?
-Allegation was not sustained
Allegation No. 5: Did Helen Tran and/or Treasure Ortiz treat Sonia Carvalho poorly and interfere with her role?
-Allegation was sustained as to Tran; Not sustained as to Ortiz Allegation No. 6: Did Helen Tran or Treasure Ortiz direct public attacks on Sonia Carvalho?
-Allegation was not sustained
The Closed Session report was then concluded.

APPOINTMENTS

1. Personnel Commission Appointment of Jeanine M. Ferrell (Mayor’s Appointment)
RESULT: APPOINTED JEANINE M. FERRELL TO THE PERSONNEL
COMMISSION [7-0]
MOVER:Juan Figueroa, Mayor Pro Tem, Ward 3
SECONDER:Kim Knaus, Council Member, Ward 5
AYES:Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz, Mayor Tran ABSENT: Sandra Ibarra
City Clerk Lopez administered the oath of office to Ms. Ferrell, and the Mayor and City Council presented her with the appointment certificate.

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CITY MANAGER UPDATE
City Manager Eric Levitt provided city-wide updates. Highlights included a new Director of Animal Services, the re-opening of the Cross Street Bridge, and the upcoming Homeless Point-In-Time Count.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Al Palazzo shared holiday greetings and reflected on past community service.

Lydia Savala commented that animal shelter life save rate data lacks transparency, and excludes certain information, and urged verification of accuracy and legality before approving a raise for the new director.

Christian Shaughnessy spoke about homelessness, concerns regarding the 450 North G Street property and urged collective action to address citywide issues.

Ulyzes Benitez also spoke about 450 North G Street and asked the City to support the affected residents.

Kathleen Castellanos, a resident of “Step-Up San Bernardino”, stated she is facing displacement due to rent increases and asked the City to investigate the situation.

Keith Benitez urged the City to prevent 450 North G Street residents from becoming homeless and to work with the County to address housing needs. “Frederick” stated he received notice requiring him to vacate or accept a rent increase at 450 North G Street and said his lease terms were not being honored.

Maelena Enriquez commented on lighting conditions at the tree lighting ceremony at Court Street Square, and echoed other commenters’ concerns about 450 North G Street.

Victor Suarez stated that a special meeting was held to remove him as commissioner, and announced his commission resignation.

Ashley Dial also spoke about conditions at 450 North G Street and the City’s housing obligations.

Carmen Gallegos raised concerns about unsafe chemical use, illegal dumping, fireworks, vandalism, and general public safety issues affecting neighborhoods and children.

Esther Gonzalez also spoke about 450 North G Street and the impact on seniors and low-income residents.

John Shollenberger commented on prior litigation involving council members, City legal expenses, and the use of public funds for legal defense.

Jane Hunt-Ruble opposed the proposed truck routes due to long-term impacts on quality of life in Muscoy.

Dolores Armstead criticized recent council actions and City conditions, raised concerns about truck route enforcement, and asked about future changes.

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Mayor and City Council of the City of San Bernardino Page 6 Angel Huerta commented on the vandalism of a freeway billboard and expressed support for the San Manuel tribe.

Stephanie Lenfestey, a volunteer at the San Bernardino City Animal Shelter, spoke about the need for improved supplies and care at the shelter to protect young and sick animals.

Mike Hartley criticized meeting time management, expressed concerns about recent development along Highland Avenue, and called for increased code enforcement to address neighborhood conditions.

CONSENT CALENDAR
Items on the consent calendar are considered routine and are voted on in a single motion unless the mayor and city council or a staff member has pulled the item for more discussion.

RESULT: APPROVED THE CONSENT CALENDAR [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra

2. Adoption of Resolutions Associated with the June 2, 2026, City of San Bernardino Primary Municipal Election
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the Primary Municipal Election on June 2, 2026:

1. Adopt Resolution No. 2025-400 calling for the holding of a Primary Municipal Election to be held on Tuesday June 2, 2026, for the election of certain officers as required by the provisions of the San Bernardino City Charter;

2. Adopt Resolution No. 2025-401 Requesting the Board of Supervisors of the County of San Bernardino consolidate a Primary Municipal Election to be held on June 2, 2026, with the Statewide Primary Election to be held on the date pursuant to 10403 of the Elections Code;

3. Adopt Resolution No. 2025-402 adopting regulations for Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, June 2, 2026.

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Mayor and City Council of the City of San Bernardino Page 7 RESULT: ADOPTED RESOLUTION NOS. 2025-400, 2025-401, AND 2025-402 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra

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

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

1. May 30, 2024 Special Meeting Draft Minutes

2. January 15, 2025 Regular Meeting Draft Minutes

3. November 5, 2025 Regular Meeting Draft Minutes
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra

4. Adoption of Ordinance No. MC – 1657, Municipal Code Amendment (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Ordinance No. MC-1657 approving Municipal Code Amendment to Title 10, Article I, Chapter 10.24, adding Section 10.24.195 to adopt Citywide Truck Routes (Attachment 1).

RESULT: ADOPTED ORDINANCE NO. MC-1657 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra

5. Accept $60,000 in Additional Funds from the Johns Hopkins Bloomberg Center of Public Innovation 2.0 Project - Love Your Block Grant (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-403:

1. Authorizing the City Manager, or designee, to accept additional grant award funds in the amount of $60,000.00 for the Bloomberg Center of Public Innovation 2.0 Project (Love Your Block Grant); and

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2. Authorizing the City Manager, or designee, to amend the agreement with Johns Hopkins University (JHU) for the Bloomberg Center for Public Innovation 2.0 Project (Love Your Block Grant) to extend the period for service deliverables through October 31, 2026; and

3. Authorizing the Director of Finance & Management Services to amend and appropriate the $60,000.00 for the Love Your Block Grant award in revenues and expenditures to the Fiscal Year 2025/26 & 2026/27 Operating Budget.

RESULT: ADOPTED RESOLUTON NO. 2025-403 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra

6. Accept 2024 Homeland Security Grant in the amount of $59,941 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-404:

1. Authorizing the City Manager to accept the 2024 Homeland Security Grant Program funds in the amount of $59,941; and

2. Authorizing the Director of Finance and Management Services to amend Fiscal Year 2025/26 Adopted Budget in revenues and expenditures by $59,941.

RESULT: ADOPTED RESOLUTION NO. 2025-404 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra

7. Approval of Agreement with National Auto Fleet Group for the Purchase of One (1) Freightliner Forestry Truck Utilizing Sourcewell Contract No. 032824-NAF (All Wards)
Recommendation:

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

1. Approve the Cooperative Goods Purchase Agreement with National Auto Fleet Group for the purchase of one (1) 2026 Freightliner 114SD Plus chassis with Versalift VO-256-REV aerial forestry body in the amount of $370,496.74; utilizing Sourcewell Contract No. 032824-NAF; and

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2. Approve a contingency allowance in the amount of $18,524.84, or 5%, to accommodate potential supplier-driven price increases and authorize staff to increase the purchase order and amend the Cooperative Goods Purchase Agreement as needed to reflect verified cost adjustments associated with labor, material, and freight escalations; and

3. Authorize the City Manager to execute all related documents necessary to effectuate this purchase; and

4. Authorize the Interim Director of Finance and Management Services to issue a purchase order in the amount of $370,496.74
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra

8. Approve Amendment No. 1 to the Professional Services Agreement with CREDE Construction Advisory LLC for Construction Management and Construction Inspection Services for the SB HOPE Campus, Extending the Contract Term and Increasing the Not-To-Exceed Amount by $1,272,363 (Ward 1)
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 CREDE Construction Advisory, LLC (“CREDE”) for construction management and construction inspection services for the San Bernardino HOPE Campus (“Navigation Center”) increasing the not-to- exceed amount by $1,272,363, for a new total contract amount not to exceed $2,363,511, and extending the term of the Professional Services Agreement; and

2. Authorize the City Manager or his designee to execute all necessary documents with CREDE Construction Advisory LLC.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra

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9. Award Professional Design Services Agreement for The City Hall Parking Structure (5 Level) Improvements Project to IDS Group, Inc. in the amount of $140,633 and Contingency of $9,367 for a Total Amount of $150,000 (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 Professional Design Services Agreement with IDS Group, Inc. in the amount of $140,633 for the City Hall Parking Structure (5 Level) Improvements Project; and

2. Authorize a contingency amount in total of $9,367 for the project, bringing the total project budget to $150,000; and

3. Authorize the City Manager or designee to execute all documents with IDS Group; and

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

10. Approve Amendment No. 2 to the Professional Services Agreement with Miller Architectural Corporation for the Encanto Community Center Improvement Project for $73,400 and Professional Services Contingencies in the amount of $26,600. (Ward 1)
Recommendation:

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

1. Approve Amendment No. 2 to the Professional Services Agreement with Miller Architectural Corporation in the amount of $73,400 for the Encanto Community Center Project (Project), increasing the not-to- exceed amount to $329,580, and extending the term to July 31, 2027; and

2. Authorize Professional Services Contingencies in the amount of $33,000 for a total Project professional services budget of $362,580; and

3. Authorize the City Manager or designee to execute all documents with Miller Architectural Corporation; and

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

11. Approve Amendment No. 2 to the Progressive Design Build Contract with Tilden-Coil Constructors for the California Theater Improvements Project in the amount of $125,000 (Ward 1)
Recommendation:

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

1. Find Amendment No. 2 to the Progressive Design-Build Contract with Tilden-Coil Constructors, Inc. in the amount of $125,000 for the California Theater Improvements (Project) exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines section 15301 (Class 1 – Existing Facilities)

2. Adopt Resolution 2025-405 Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Plan budget with an additional $125,000 from the Cultural Development Construction Fund for the project; and

3. Approve Amendment No. 2 to the Progressive Design-Build Contract with Tilden-Coil Constructors, Inc. in the amount of $125,000 for the California Theater Improvements (Project); and

4. Authorize the City Manager or his designee to execute all necessary documents with Tilden-Coil Constructors.

RESULT: ADOPTED RESOLUTION NO. 2025-405 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra

12. Ratify the Acceptance of the Extreme Heat and Community Resilience Program (EHCRP) Grant in the amount of $175,000, for San Bernardino Community Resilience and Greening Planning Project (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-406:

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1. Ratifying the acceptance of the Extreme Heat and Community Resilience Program grant award in the amount of $175,000.00 for the project titled San Bernardino Community Resilience and Greening Planning; and

2. Authorizing the City Manager, or designee, to execute the grant agreement and any subsequent amendments with the Governor’s Office of Land Use and Climate Innovation; and

3. Authorizing the City Manager, or designee, to execute all related agreements and documents with Tinkercraft: Design & Advocacy Group, the collaborative project partner, necessary to implement the project in accordance with the grant requirements; and

4. Authorizing the Interim Director of Finance & Management Services to establish all required revenue and expenditure accounts and to process all financial transactions necessary to implement the grant.

RESULT: ADOPTED RESOLUTION NO. 2025-406 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra

13. Receive and File the City of San Bernardino Municipal Water Department Fiscal Year 2024-2025 Annual Comprehensive Financial Report and Single Audit on Federal Awards (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the City of San Bernardino Municipal Water Department Annual Comprehensive Financial Report and Single Audit on Federal Awards.

DISCUSSION

14. Election of Mayor Pro Tempore (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, open nominations for a member of the City Council to serve as Mayor Pro Tempore.

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Mayor and City Council of the City of San Bernardino Page 13 Council Member Shorett made a motion, seconded by Council Member Sanchez, to elect Council Member Kim Knaus as Mayor Pro-Tem for 2026. The Mayor and City Council Members also thanked Council Member Figueroa for his service during his tenure as Mayor Pro-Tem.

RESULT: ELECTED 5 TH WARD COUNCIL MEMBER KIM KNAUS AS MAYOR PRO TEM [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra

15. Conditional Commitment of $5M in HOME Funds, a $1.2M Loan in Low-Mod Funds for Impact Fees; and a Land Loan in the amount of $3.59 Million for the Purchase Price of the City Property; and Approving an Option to Purchase the Real Property to JHC Acquisitions LLC for the Development of Affordable Housing at Surplus Land Act Site 12 located at 5th Street and Meridian Ave (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2025-407:

1. Authorize a Conditional Funding Commitment of $5 million in HOME Investment Partnerships Program funds to West Fifth Street Housing Partners LP, (“Partnership”) an affiliate of Jamboree Housing Corporation, a California nonprofit public benefit corporation (“JHC”) for the development of affordable housing. The 106 unit affordable housing project (“Project”) will be located on approximately 3.5 acres of City- owned surplus land, identified as Site 12 (the “Property”), along with an adjacent privately owned parcel to be purchased by JHC (APN 0142- 522-10);

2. Authorize the issuance of a City Promissory Note to the Partnership in the amount of $1.2 million to be funded with Low- and Moderate-Income Housing Asset Funds (“Low-Mod Funds”), to cover eligible project- related impact and permit fees, to be repaid from a portion of the residual receipts of the Project’s operations;

3. Authorize the City to enter an Option to Purchase Agreement with the Partnership for Site 12, to provide the Partnership with a right to purchase the Property for fair market value ($3.59 million), using seller carryback financing under which the purchase price will be paid from residual receipts of the Project's operations in accordance with a Promissory Note secured against the Property with a deed of trust. The Option to Purchase Agreement is intended to provide “site control” of the Property and thereby enable the Partnership to apply for necessary project financing while the City will maintain ownership of the Property until all Project financing is secured; provided, however, that the

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Mayor and City Council of the City of San Bernardino Page 14 exercise of the option is subject to the City Council's approval of a final disposition and development agreement; and

4. Authorize the City Manager and City Attorney, or their designees, to take any further actions and execute any further agreements or documents as necessary including minor and substantive changes; provided that a final Disposition Development Agreement and the City HOME Loan, the City Land Loan, and the City Impact Fee Deferral Loan shall return to City Council for final approval.

Council Member Ortiz made a motion to approve the item. Council Member Sanchez seconded the motion but asked staff to provide a brief presentation for the benefit of the public. Housing Division Manager Trina Perez gave an overview of the affordable housing project and the related agreements.

RESULT: ADOPTED RESOLUTION NO. 2025-407 [6-0]
MOVER:Treasure Ortiz, Council Member, Ward 7
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra

16. Property Tax Resolution for LAFCO 3275, a 26-acre totally surrounded island generally located northerly of Meyers Road and easterly of Martin Ranch Road, known as the Spring Trails Specific Plan project
Recommendation:

It is recommended that the City Council adopt Resolution No. 2025-408 of the Mayor and City Council of the City of San Bernardino, California, determining the amount of property tax revenue to be exchanged between the City of San Bernardino, the County of San Bernardino, San Bernardino County Fire Protection District and its Valley Service Zone and County Service Area 70, for the jurisdictional change described in LAFCO 3275, a 26-acre island generally located southerly of LAFCO 3274, generally northerly of Meyers Road and easterly of Martin Ranch Road (known as the Spring Trials Specific Plan Project).

Council Member Sanchez stated that this item will help to provide fire protection for the homes within the Spring Trails Specific Plan project. Mayor Pro Tem Knaus and Council Member Ortiz both stated that they did not approve of this item.

RESULT: ADOPTED RESOLUTION NO. 2025-408 [4-2]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Figueroa, Shorett, Flores
NOES: Knaus, Ortiz
ABSENT: Sandra Ibarra

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MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Important topics included recent community meetings, new low income housing, the tree lighting ceremony at Court Street Square, and the upcoming “Ho-Ho Parade”.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, December 17, 2025 at 8:24 p.m.

The next joint special meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on January 21, 2026, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 4:00 p.m.

Telicia Lopez, CMC
City Clerk

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5 9

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Michael Rosales, Senior Planner
Department: Community Development & Housing
Subject: Event Fee Waiver in the amount of $5,452.81 for the Martin Luther King Day Parade at 624 W. 4th Street (490 W. 4th Street) APN:0134-111-35 (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California, authorize the City Manager to waive fees in the amount of $5,452.81 in accordance with Chapter 3.13 ( Waiver or Refund of Fees for a Charitable Organization) of the City’s Municipal Code for the Martin Luther King Day parade event held on January 19, 2026 at 624 W. 4 th Street (490 W 4 th street Shopping Center), APN: 0134-111-35.

City Manager's Comments
The City Manager requests authorization to waive the fees in the amount of $5,452.81. This would be consistent with past years where the City Council waived fees for this specific event. It represents a partnership between the City and the Southern California Black Chamber of Commerce.

Executive Summary
Youth Build IE/Southern California Black Chamber of Commerce is requesting a waiver of fees, in accordance with Section 3.13 of the City of San Bernardino Municipal Code, associated with permits issued by the City of San Bernardino Community Development and Housing Department and Public Works for a non-profit event held on January 19, 2026 in Downtown San Bernardino known as the Martin Luther King Day parade event; which took place at 624 W. 4th Street (490 W 4th street Shopping Center), APN: 0134- 111-35.

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Background
At the Southern California Black Chamber of Commerce (SCBCOC), they proudly support Black entrepreneurs, professionals, and business owners across Southern California, from the desert to the sea.
They are committed to fostering growth (of youth as well) and economic development in all communities.
Their work spans industries and geographies, advocating for policies and programs that benefit Black businesses
Their events and networking platforms connect with like-minded professionals, partners, and customers across Southern California.

Discussion
The event took place on Monday, January 19, 2026, from 7:00 a.m. to 8:00 p.m. which included set up and tear down of the event. The parade itself took place between 11:00 am and 12:00 pm, with the cultural extravaganza taking place immediately after the parades ending until 6:00 pm. The Parade route went east on 4th Street to a right on N D Street, to a right on West. 2 nd Street, to a right on N E Street, then a left on W. 4 th Street, and back to 694 W. 4 th street, where it ended with a community extravaganza event promoting vendors, music, and family fun entertainment. The event hosted more than 200 community members and has been an ongoing event since 2022.

Associated fees with this event are as follows:
Special Event Fee: $1,279.20
Public Works Fee: $2,291.41
Police Department Fee $1,882.20
Total to be waived: $5,452.81
City of San Bernardino Staff involvement included traffic coordination and establishing “No Parking” Signs as well as Directional Signs and barricades on the designated pedestrian paths, and parade routes. The City of San Bernardino Police Department provided traffic and escort services for the parade.
2021-2025 Strategic Targets and Goals
Requesting a waiver of fees would be providing City support for a charitable organization hosting community members. The City of San Bernardino General Plan Economic Development Policy 4.15.2 states “Continue to promote 'identity-building' events such as 'Route 66', 'Citrus', etc.” The proposed Martin Luther King Day parade and cultural extravaganza was unique in nature as it brought the community together to identify with one another and establish comradery within the community via a cultural event. This aligns with Goal No. 2: Focused Aligned Leadership and Unified Community.

Fiscal Impact

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Waiving the event permit fees will reduce permit revenue by a total of $5,452.81, for Fiscal Year 25/26.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California, authorize the City Manager to waive fees in the amount of $5,452.81 in accordance with Chapter 3.13 (Waiver or Refund of Fees for a Charitable Organization) of the City’s Municipal Code for the Martin Luther King Day parade event held on January 19, 2026 at 624 W. 4th Street (490 W 4th street Shopping Center), APN: 0134-111-35.

Attachments
Attachment 1 Special Event 26-001 Fee Waiver Request Packet Attachment 2 Special Event Permit Final-All Permits
Ward:

First Ward
Synopsis of Previous Council Actions:
none
CC: Eric Levitt, City Manager

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Michael Rosales, Senior Planner
Department: Community Development & Housing
Subject: Event Fee Waiver in the amount of $9,297.09 for The Black History Parade at 1480 W. 11th Street and 1881 W. Baseline Street (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California, authorize the City Manager to waive fees in the amount of $9,297.09 pursuant to Chapter 3.13 ( Waiver or Refund of Fees for a Charitable Organization) of the City’s Municipal Code for the Black History Parade event taking place on February 7, 2026 located at 1480 W. 11th street (Graciano Gomez Elementary) and ending with a cultural exposition at Arroyo Valley High School located at 1881 W. Baseline Street.

APNs: 0139-061-25 and 0139-012-33.

City Manager's Comments
The City Manager recommends approval of the waiver of fees consistent with previous years. This represents a partnership between the City and the Black Culture Foundation.

Executive Summary
The Black Culture Foundation is requesting a waiver of fees, in accordance with Section 3.13 of the City of San Bernardino Municipal Code, associated with permits issued by the City of San Bernardino Community Development and Housing Department and Public Works for a non-profit event taking place on February 7, 2026 known as the Black History Parade event; located at 1480 W. 11th street (Graciano Gomez Elementary) and 1881 W. Baseline Street (Arroyo Valley High School) APNs:
0139-061-25 and 0139-012-33.

Background
The Black Culture Foundation has its roots in the Black History Parade committee, which sponsored Black History parades in San Bernardino starting in the late 1960s.

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Key early leaders included Jim King, Juanita Scott, Alonzo Thompson, and Margaret Hill who helped coordinate the Black History parade and celebrations for decades.

By the late 1980s, the group changed its focus to supporting students with scholarships, instead of just hosting the Black History Day parade. They changed their name to the Black Culture Foundation and have given more than 125 scholarships to local students. The Black Culture Foundation also played a leading role in organizing the construction of the Rosa Parks statue that was unveiled in 2018 in front of the Rosa Parks Memorial Building in San Bernardino.

Discussion
The event will take place on February 7, 2026. The event will take place from 6:00 a.m. to 2:00 p.m. with set up taking place from 6:00 a.m. to 9:00 a.m., the parade occurring from approximately 9:00 a.m. to 12:00 p.m., and the exposition portion of the event taking place from 12:00 p.m. (noon) until 2:00 p.m. Breakdown will take place until complete occurring all the same day. The event will host more than 200 community members and has been an ongoing event since 2022.

Associated fees with this event are as follows:
Special Event Fee: $1,279.20
Public Work Fee: $1912.44
Police Department Fee $6,150.45
Total to be waived: $9,297.09
City of San Bernardino staff involvement includes traffic coordination and establishing “No Parking” Signs as well as Directional Signs and barricades on the designated pedestrian paths, and parade routes by the Public Works Department. The City of San Bernardino Police department will provide officers for escort services and traffic control. 2021-2025 Strategic Targets and Goals
Requesting a waiver of fees would be providing City support for a charitable organization hosting community members and events since the 1960s. The City of San Bernardino General Plan Economic Development Policy 4.15.2 states “Continue to promote 'identity-building' events such as 'Route 66', 'Citrus', etc.” The proposed Black History Parade and cultural event is unique in nature as it has brought the community together to identify with one another and establish comradery within the community via a cultural event for over 50 years. This aligns with Goal No. 2: Focused Aligned Leadership and Unified Community.

Fiscal Impact
Waiving the event permit fees will reduce permit revenue by a total of $9,297.09, for Fiscal Year 25/26.

Conclusion
It

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is recommended that the Mayor and City Council of the City of San Bernardino California, authorize the City Manager to waive fees in in the amount of $9,297.09 pursuant to Chapter 3.13 ( Waiver or Refund of Fees for a Charitable Organization) of the City’s Municipal Code for the Black History Parade event taking place on February 7, 2026 located at 1480 W. 11th street (Graciano Gomez Elementary) and ending with a cultural exposition at Arroyo Valley High School located at 1881 W. Baseline Street.

APNs: 0139-061-25 and 0139-012-33.

Attachments
Attachment 1 Special Event 26-002 Fee Waiver Request Packet Attachment 2 Special Event Permit 26-002 Draft/ROW Draft Ward:

Sixth Ward
Synopsis of Previous Council Actions:
none
CC: Eric Levitt, City Manager

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Community Development and Housing Department | Planning Division February 7, 2026
The Black Culture Foundation
2407 W. Victoria Street
San Bernardino, CA 92410
SUBJECT: SPECIAL EVENT PERMIT 26-002: A REQUEST TO HOLD

A BLACK HISTORY PARADE AND EXTRAVAGANZA

OCCURRING ON BASELINE STREET STARTING FROM

GRACIANO GOMEZ ELEMENTARY SCHOOL LOCATED
AT 1480 W. 11 TH STREET AND ENDING WITH A

CULTURAL EXPOSITION AT ARROYO VALLEY HIGH
SCHOOL LOCATED AT 1881 W. BASELINE STREET AND

APPROVE THE SPECIAL EVENT BASED ON THE

FINDINGS OF FACTS WITHIN THE CITY OF SAN
BERNARDINO DEVELOMENT CODE SECTION 19.70.050.

Dear Black Culture Foundation,
The Planning Division has completed its review of your request for a Special Event Permit 26-002 to hold a Black History parade and extravaganza occurring on baseline street starting from Graciano Gomez Elementary School located at 1480 W. 11th street and ending with a cultural exposition at Arroyo Valley High School located at 1881 W. Baseline Street. The event is proposed for Saturday, February 7, 2026 from 6:00 a.m. to 2:00 p.m. which includes set up and tear down of the event. The parade itself will take place between 9:00 pm and 12:00 pm, followed by a cultural extravaganza lasting until 2:00 p.m..

All findings have been made relating to City of San Bernardino Development Code Section 19.36.050, Conditional Use Permits, and your proposal has been approved subject to the following Conditions of Approval:

Findings
Section 19.36.050 (Findings) of the City of San Bernardino Development Code requires that Special Event Permit applications meet certain findings prior to the approval by the Planning Division . Accordingly, the following findings are provided in suppo rt of the approval of Special Event Permit 26-002:
290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org

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1. The proposed use is conditionally permitted within and would not impair the integrity and character of the subject zone and complies with all of the applicable provisions of this Development Code.

The proposed Black Culture Foundation parade and extravaganza event will take place within the various zones that allow for a Special Event with the applicable Special Event Permit and Conditions of Approval. The location, route, size and design of the parade and event complies with all of the applicable provisions of the Development Code.

2. The proposed development is consistent with the General Plan.

The City of San Bernardino General Plan Economic Development Policy 4.15.2 states “Continue to promote 'identity-building' events such as 'Route 66', 'Citrus', etc.” The proposed Black Culture Foundation parade and Extravaganza will be unique in nature as it will bring the community together to identify with one another and establish comradery within the community via a cultural event . Therefore, the proposed Black Culture Foundation parade and Extravaganza would be consistent with the City’s General plan.

3. The approval of the (Temporary) Conditional Use Permit or Minor Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code.

The Planning Division staff has analyzed proposed Special Event Permit 26-002 and has determined that it is categorically exempt under section 15304 (e) due to the fact that the project is temporary in nature.

4. There will be no potential significant negative impacts upon the environmental quality and natural resources that could not be properly mitigated.

Special Event Permit 26-002 has been evaluated pursuant to the CEQA Guidelines and based upon the fact that the proposed project involves no construction activities and is temporary in nature, it has been determined that it will not create any negative, permanent impacts upon the environmental quality or natural resources within the project site or its vicinity.

5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public health, safety, convenience, or welfare of the City.

The proposed use is temporary in nature and will be conditioned to ensure that it will not have detrimental impacts to the public interest, health, safety, convenience, or welfare of the City.

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6. The subject site is physically suitable for the type and density/intensity of the use being proposed.

The special event consists of a parade and cultural exposition starting and ending at places of normal public assembly. Therefore, the site is physically suitable for the type and density/intensity of the use being proposed.

7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health and safety.

Special Event Parades are permitted pursuant to the requirements of Section

19.70.036 (D) (Development and Operational Standards for Special Event Permits – Parades) of the City of San Bernardino Development Code , subject to the approval of a Special Event Permit and is conditioned to meet requirements for public access and public services, and any public utilities.

Planning Division Action
Based upon the comprehensive review and evaluation, as required by Chapter 19.70 of the City of San Bernardino Development Code, Special Event Permit 26-002 has been approved, subject to the following Conditions of Approval:

1. This approval is valid on Saturday, February 7, 202 6. The event parade and cultural exposition will take place from 6:00 a.m. to 2:00 p.m. with set up taking place from 6:00 a.m. to 9:00 a.m., the parade occurring from approximately 9:00 a.m. to 12:00 p.m., the extravaganza event taking place from 12:00 p.m. (noon) until 2:00 p.m., and breakdown will take place until complete occurring all the same day. This approval is valid only for the date(s) and location specified in this letter, and only for the activities specified in the Special Event Permit application and site plan submitted for approval. Similar activities in the future will require submittal of a new Special Event Permit application.

2. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (City), and any departments, agencies, divisions, boards, or commissions of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives, and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City any costs and attorney fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this section.

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3. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “attorney’s fees for the purpose of this condition. As part of the consideration for issuing this permit or approval, this condition shall remain in effect if this Special Event Permit is rescinded or revoked, whether or not at the request of the applicant.

4. The setup of the stage, vendor booths, parade route and staging , and event boundary shall be in substantial conformance with the Special Event Permit application, and site plan submitted for approval.

5. The applicant shall provide proof of insurance for a minimum of $2,000,000 general liability and a minimum of $ 1,000,000 vehicle liability, naming the City of San Bernardino as additional insured.

6. All vendors shall obtain a valid Business License from the City of San Bernardino Business Registration Department.

7. The applicant/operator is responsible for refuse disposal through the City.

8. Street closures for the event will occur along the parade route approved with the Traffic Control Plan for the event on February 7, 2026. “No parking anytime” signs will be posted a minimum of 3 hours prior to the event at appropriate locations along the event route as determined by the Public Works Department (if applicable).

9. The use of A-frames, animated, moving, flashing, blinking, reflecting, revolving, or any similar signage is not permitted. Signs/banners shall not be posted on the sidewalks, landscape areas, light poles, street signs, trees, etc. either on - or off- site. Banners may b e attached to the tent or fence or carried during the parade procession.

10. The applicant/operator shall provide portable restroom facilities and wash stations, one of which shall be ADA accessible pursuant to Title 24 disabled access requirements. Portable toilets and wash stations require secondary trays to handle potential leaks and spills.

11. The event is required to use a dry method for cleanup, such as sweeping the cleanup area. No hosing down sidewalks or hardscape surfaces allowed.

12. Disabled parking is required with a path of travel to the event and disabled access all venues.

13. The event will include the City as a partner by means of The Police Department participation in the parade, featuring motorcycle officers, their equestrian unit, the bearcat, and the chief.

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14. A copy of this Special Event Permit approval letter, and approved site plan shall be kept on-site for the duration of the event.

15. All equipment used and debris left in conjunction with the event shall be removed immediately following the event day, all equipment shall be removed no later than 7 a.m. the following day.

16. Follow all traffic laws and the approved Traffic Control Plan.

17. The applicant shall provide their own staff to control traffic and implement the approved Traffic Control Plan approved with Special Event Permit 26-002.

18. A copy of this Special Event Permit approval letter, and approved site plan shall be kept on-site for the duration of the event.

19. All standards set forth in the County of San Bernardino Consolidated Fire District shall be followed.

If you have any concerns or quest ions about the approval of Special Event Permit 26- 002, feel free to contact me at 909-384-3512 or if you have any questions.

Sincerely,

Gabriela Sosa
Planning Aide

Reviewed by:

Michael Rosales
Senior Planner

ATT: Approved Site Plan and Traffic Control Plan

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Adoption of Ordinance No. MC – 1659 Development Code Amendment 25-11 (Accessory Dwelling Unit 2025
Legislative Update) – 2nd Reading (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1659, approving Development Code Amendment 25- 11 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with 2025 changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).

City Manager Notes
This is the second reading and adoption of the ordinance.

Executive Summary
This agenda item is the second and final reading of Development Code Amendment 25-

11. It is recommended that the Mayor and City Council accept the final reading and adopt Ordinance No. MC-1659.

Background
The Development Code (SBMC Title 19) is the primary mechanism by which the City implements the policies, goals, and objectives of both the General Plan and the Housing Element (an element of the General Plan). The Development Code achieves this by guiding development, on a lot-by-lot basis, throughout the city.

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On May 5, 2021, the Mayor and City Council adopted Ordinance No. MC-1559, establishing standards for the development of Accessory Dwelling Units.

On December 7, 2022, the Mayor and City Council adopted Urgency Ordinance No. MC -1604 which updated the verbiage regarding ADU’s on multi-family lots and established standards for units of certain sizes.

On January 15, 2025, the Mayor and City Council adopted Ordinance No. MC-1645 which streamlined the application process, updated definitions, expanded the prohibition on replacement parking and increased the allowable number of detached accessory dwelling units on a multi-family lot.

More recently, the California Department of Housing and Community Development (HCD) adopted additional standards pertaining to ADUs on October 10, 2025. As a result, the Mayor and City Council adopted Urgency Ordinance No. MC-1658U which became effective immediately and granted City staff additional time to be compliant with recent State law (AB 462, AB 1154 and SB 543).

Following the adoption of Urgency Ordinance No. MC-1658U on December 3, 2025, the Planning Commission of the City of San Bernardino approved Resolution No. 2025- 060 on December 9, 2025, forwarding a recommendation to the Mayor and City Council for adoption of the standard ordinance.

Discussion
Ordinance No. MC-1659, approving Development Code Amendment 25-11 for the update to the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units was reviewed by the Mayor and City Council at their January 21, 2026, meeting. The Ordinance is now ready for its final reading and adoption. Pursuant to Section 19.42.040 of the City of San Bernardino Municipal Code, Council Action on amendments to the Development Code 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 25-11 aligns with Key Target Goal No. 3: Improved Quality of Life and 4(b): Economic Growth and Development – Update the General Plan and Development Code. Specifically, the amendment will update the Development Code for compliance with state law. The amendment to the Development Code will ensure consistency with state law.

Fiscal Impact
There is no fiscal impact to the City’s General Fund as a result of this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1659, approving Development Code Amendment 25- 11 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential

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Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with 2025 changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).

Attachments
Attachment 1 Ordinance No. MC-1659 (Approving Development Code Amendment 25-11)
Attachment 2 Ordinance No. MC-1659 (Approving Development Code Amendment 25-11) – Exhibit A
Ward:

All Wards
Synopsis of Previous Council Actions:

On May 5, 2021, the Mayor and City Council adopted Ordinance No. MC-1559, establishing standards for the development of Accessory Dwelling Units.

On December 7, 2022, the Mayor and City Council adopted Urgency Ordinance No. MC- 1604 which updated the verbiage regarding ADU’s on multi-family lots and established standards for units of certain sizes.

On December 3, 2025, the Mayor and City Council adopted Urgency Ordinance No. MC -1658U putting the City of San Bernardino in compliance with recent updates to 2025 state law pertaining to ADU’s.

CC: Eric Levitt, City Manager

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ORDINANCE NO. MC-1659
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ORDINANCE NO. MC-1659

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 25-11
AMENDING CHAPTER 19.04 (RESIDENTIAL ZONES);
SECTION 19.04.030(2)(P) (ACCESSORY DWELLING

UNITS) OF THE CITY OF SAN BERNARDINO
DEVELOPMENT CODE (SBMC TITLE 19) IN ORDER TO

UPDATE THE DEVELOPMENT STANDARDS FOR

ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS IN COMPLIANCE WITH
RECENT (2025) CHANGES IN STATE LAW; AND FINDING
THAT DEVELOPMENT CODE AMENDMENT 25-11 IS

STATUTORILY EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WHEREAS, the City of San Bernardino, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the state law authorizes cities to act to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law; and
WHEREAS, new updates to state ADU law take effect January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS, Development Code Amendment 25-11 is a City-initiated amendment to Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with recent changes in state law; and WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 25-11 in compliance with

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ORDINANCE NO. MC-1659
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the California Government Code, consistent with the City of San Bernardino General Plan, and incompliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development and Housing Department evaluated Development Code Amendment 25-11 and determined that it is exempt from CEQA under California Public Resources Code Section 21080.17; and WHEREAS, notice of the January 21, 2026 public hearing for the Mayor and City Council's consideration of Development Code Amendment 25-11 was published in The Sun newspaper on January 10, 2026, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 25-11; and
WHEREAS, on December 9, 2025, the Planning Commission held a duly noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on January 21, 2026, the City Council held a duly noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and

NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.

SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, Development Code Amendment 25-11 and this Ordinance No. MC-1659 is exempt from the requirements of the California Environmental Quality Act (“CEQA”) under California Public Resources Code Section 21080.17, as the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by Section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA.

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ORDINANCE NO. MC-1659
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SECTION 3.Finding of Facts – Development Code Amendment 25-11 Finding No. 1:The proposed amendment is consistent with the General Plan.

Finding of Fact:Development Code Amendment 25-11 is consistent with the General Plan, as follows:

Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods. Land Use
Element Policy 2.1.1: Actively enforce development
standards, design guidelines, and policies to preserve and enhance the character of San Bernardino’s neighborhoods.

The implementation of Development Code Amendment 25-11 is consistent with the City’s General Plan by allowing for the development of Accessory Dwelling Units within the single-family residential and multi-family residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at large, while maintaining consistency with state law. Additionally, as regulated by Development Code Amendment 25-11, new Accessory Dwelling Units (ADUs) will serve the City’s housing needs in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

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 adoption and implementation of Development Code Amendment 25- 11 is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, convenience, and general welfare. In enacting the aforementioned legislation the State Legislature identified Accessory Dwelling Units (ADUs) as an important housing option for renters and homeowners, given the undersupply of housing that exists in the State. Development Code Amendment 25-11 will bring the City’s Development Code into compliance with the aforementioned statute.

SECTION 4.Adoption of Ordinance. Development Code Amendment 25-11 to amend Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) to update the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with state law is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 5.Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the

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ORDINANCE NO. MC-1659
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County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 25-11.

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 takes effect thirty (30) days after its adoption.

SECTION 8.HCD Submittal. In accordance with Government Code sections 66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

SECTION 9.Notice of Adoption. The City Clerk of the City of San Bernardino shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, within 15 days after its adoption.

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ORDINANCE NO. MC-1659
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2026.
__________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Telicia Lopez, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney

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ORDINANCE NO. MC-1659
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CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO

CITY OF SAN BERNARDINO
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1659, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 2026 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 ____________ 2026.
______________________________
Telicia Lopez, CMC, City Clerk

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EXHIBIT A

Development Code Section 19.04.030(2)(P)
(Residential Zones Specific Standards Accessory Dwelling Units)

19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) shall be amended and restated to read in its entirety as follows:

P. Accessory Dwelling Units

1. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

2. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
a. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
c. Considered in the application of any local ordinance, policy, or program to limit residential growth.
d. Required to correct a nonconforming zoning condition, as defined in subsection 3.h below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

3. Definitions. As used in this section, terms are defined as follows:
a. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
i. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
ii. A manufactured home, as defined by section 18007 of the California Health and Safety Code.
b. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
c. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

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2 d. “Efficiency kitchen” means a kitchen that includes all of the following:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
e. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
i. It is no more than 500 square feet of interior livable space in size. ii. It i s contained entirely within an existing or proposed single -family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. iii. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
iv. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single - family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
v. It includes an efficiency kitchen, as defined in subsection 3.d above. f. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. g. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. h. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
i. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
j. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
k. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

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3 l. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

4. Approvals. The following approvals apply to ADUs and JADUs created under this section:
a. Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit . The city will review and approve permit applications in accordance with subsection 4.c below. b. Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the city council by resolution. c. Process and Timing.
i. Completeness.
a) Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal. b) Incomplete items. If the city’s determination under subsection

4.c.i.a) above is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.
c) Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
d) Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice . The city may not require the application to include an item that was not included in the original notice.
e) Deemed complete. If the city does not make a timely determination as required by this subsection i, the application or resubmitted application is deemed complete for the purposes of subsection 4.c.iii below.
f) Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a

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4 written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal. ii. No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing. iii. Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
a) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b) When an application to create an ADU or JADU is submitted with a permit application to create a new single -family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. iv. Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the a pplicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60 - day time period established by subsection 4.c.iii above. v. Appeal of denial. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
vi. Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

5. Classes.
a. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the

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5 general requirements in subsection 6 below, it is allowed in each of the scenarios provided in this subsection 5.a. An ADU and JADU approved under subsection

5.a.i may be combined with an ADU approved under subsection 5.a.ii, and ADUs approved under subsection 5.a.iii may be combined with ADU s approved under subsection 5.a.iv.
i. Converted on Lot with Single -Family: One ADU as described in this subsection 5.a.i and one JADU on a lot with a proposed or existing single - family dwelling on it, where the ADU or JADU:
a) Is either: within the space of a proposed single -family dwelling; within the existing space of an existing single -family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and b) Has exterior access that is independent of that for the single -family dwelling; and
c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d) The JADU complies with the requirements of Government Code sections 66333 through 66339.
ii. Limited Detached on Lot with Single -Family: One detached, new - construction ADU on a lot with a proposed or existing single -family dwelling, if the detached ADU satisfies each of the following limitations:
a) The side- and rear-yard setbacks are at least four feet. b) The total floor area is 800 square feet of livable space or smaller. c) The peak height above grade does not exceed the applicable height limit in subsection 6.b below.
iii. Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection

5.a.iii, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
iv. Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight

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6 detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b) The peak height above grade does not exceed the applicable height limit provided in subsection 6.b below.
c) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
b. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314–66322. Except for Class 1 ADUs approved under subsection 5.a above, all ADUs are subject to the standards set forth in subsections 6 and 7 below.

6. General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
a. Zoning.
i. A Class 1 ADU approved under subsection 5.a may be created on a lot in a residential or mixed-use zone.
ii. A Class 2 ADU approved under subsection 5.b above may be created on a lot that is zoned to allow single -family dwelling residential use or multifamily dwelling residential use.
iii. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences. b. Height.
i. Except as otherwise provided by subsections 6.b.ii and 6.b.iii below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. ii. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

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7 iii. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
iv. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection 6.b.iv may not exceed two stories. v. For purposes of this subsection 6.b, height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
c. Fire Sprinklers.
i. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
ii. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. d. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. e. No Separate Conveyance. An ADU or JADU may be rented, but , except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
f. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
g. Owner Occupancy.
i. ADUs. ADUs are not subject to an owner-occupancy requirement. ii. JADUs.
a) Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence.

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8 b) Exceptions. The owner-occupancy requirement in this subsection

6.g.ii does not apply in either of the following situations:
(I) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).
(II) The property is entirely owned by another governmental agency, land trust, or housing organization.
h. Deed Restriction. Prior to issuance of a certificate of occupancy for an JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
i. The JADU may not be sold separately from the primary dwelling. ii. The JADU is restricted to the approved size and to other attributes allowed by this section.
iii. The deed restriction runs with the land and may be enforced against future property owners.
iv. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
v. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

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9 i. Building & Safety.
i. Must comply with building code. Subject to subsection 6.i.ii below, all ADUs and JADUs must comply with all local building code requirements. ii. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection 6.i.ii prevents the city from changing the occupancy code of a space that was un inhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
j. Certificate of Occupancy Timing.
i. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. ii. Limited Exception for State -declared Emergencies. Notwithstanding subsection 6.j.i above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
a) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. b) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency
proclamation.
c) The ADU has been issued construction permits and has passed all required inspections.
d) The ADU is not attached to the primary dwelling.

7. Specific ADU Requirements. The following requirements apply only to Class 2 ADUs approved under subsection 5.b above. This subsection 7 does not apply to Class 1 ADUs or JADUs approved under subsection 5.a above.
a. Maximum Size.
i. The maximum size of a detached or attached ADU subject to this subsection 7 is 850 square feet of interior livable space for a studio or one -bedroom

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10 unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
ii. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
iii. Application of other development standards in this subsection 7, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent -based size limit in subsection 7.a.ii above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU have less than 800 square feet of interior livable space. b. Floor Area Ratio (FAR). No ADU subject to this subsection 7 may cause the total FAR of the lot to exceed 45 percent, subject to subsection 7.a.iii above. c. Setbacks.
i. ADUs that are subject to this subsection 7 must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection 7 must conform to 25-foot front setbacks, subject to subsection 7.a.iii above. ii. No setback is required for an ADU that is subject to this subsection 7 if the ADU is constructed in the same location and to the same dimensions as an existing structure.
d. Lot Coverage. No ADU subject to this subsection 7 may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection 7.a.iii above. e. Minimum Open Space. No ADU subject to this subsection 7 may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection

7.a.iii above.
f. Passageway. No passageway, as defined by subsection 3.i above, is required for an ADU.
g. Parking.
i. Generally. One off -street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection 3.l above. ii. Exceptions. No parking under subsection 7.g.i is required in the following situations:
a) The ADU is located within one-half mile walking distance of public transit, as defined in subsection 3.k above.

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11 b) The ADU is located within an architecturally and historically significant historic district.
c) The ADU is part of the proposed or existing primary residence or an accessory structure.
d) When on-street parking permits are required but not offered to the occupant of the ADU.
e) When there is an established car share vehicle stop located within one block of the ADU.
f) When the permit application to create an ADU is submitted with an application to create a new single -family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections 7.g.ii.a) through e) above. iii. No Replacement. When a garage, carport, covered parking structure , or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
h. Architectural Requirements.
i. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
ii. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
iii. The exterior lighting must be limited to down -lights or as otherwise required by the building or fire code.
iv. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
v. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. vi. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight. vii. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory

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12 with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. i. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
i. At least one 15-gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant must be provided for every ten linear feet of exterior ADU wall. ii. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. iii. All landscaping must be drought-tolerant.
iv. All landscaping must be from the city’s approved plant list. j. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
k. Allowed Stories. No ADU subject to this subsection 7 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph 6.b.iv of this section.

8. Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections 5.a or 5.b above.
a. Impact Fees.
i. No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space . For purposes of this subsection 8.a, “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
ii. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.
iii. Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

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13 b. Utility Fees.
i. If an ADU or JADU is constructed with a new single -family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
ii. Except as described in subsection 8.b.i, JADUs and converted ADUs on a single-family lot that are created under subsection 5.a.i above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.
iii. Except as described in subsection 8.b.i, all ADUs that are not covered by subsection 8.b.ii require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
b) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

9. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
a. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
b. Unpermitted ADUs and JADUs constructed before 2020.
i. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
a) The ADU or JADU violates applicable building standards, or

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14 b) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 19.04.030(2)(P)).
ii. Exceptions:
a) Notwithstanding subsection 9.b.i above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. b) Subsection 9.b.i above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

10. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections 1 through 9 of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 4, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: Economic Development
Subject: Adopt Amended Resolution No. 2026-008 Declaring 21 City-Owned Properties as Exempt Surplus Land to
Incorporate HCD-Requested Language (Wards 1 and 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt an Amended Resolution No. 2026-008, which supersedes the previously adopted Resolution No. 2025-362, to incorporate additional clarifying language requested by the California Department of Housing and Community Development (HCD):

1. Declaring 21 City-owned properties, identified by the following Assessor Parcel Numbers: 0140-134-06, 0140-222-02, 0134-131-36, 0134-131-37, 0134-131- 28, 0145-242-32, 0145-242-33, 0146-193-17, 0273-171-01, 0146-053-27, 1191-031-29, 1191-031-27, 1191-031-18, 1191-031-19, 1191-051-38, 1191- 051-42, 1191-051-44, 1191-051-45, 1191-051-48,1191-051-66,and1191-051- 24, as exempt surplus land pursuant to Government Code Section 54221(f)(1)(B); confirming, as clarified per HCD guidance, that the properties are not subject to the notice of availability or negotiation requirements of the Surplus Land Act; and

2. Authorizing the City Manager to proceed with the disposition process in accordance with applicable law; and reaffirming that the action is exempt from CEQA for the disposition of City-owned properties.

City Manager Comments:

The City Manager recommends approval.

Executive Summary
On September 3, 2025, the Mayor and City Council of the City of San Bernardino

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reviewed and approved Resolution No. 2025-362, declaring twenty-one (21) City- owned vacant properties, totaling approximately 4.24 acres, as exempt surplus land pursuant to the Surplus Land Act (Government Code Section 54221 et seq.).

Following Council approval, City staff submitted the adopted resolution to the California Department of Housing and Community Development (HCD) for review and confirmation of eligibility for the Small Site Exemption under Government Code Section 54221(f)(1). During its review, HCD requested the City include additional clarifying language specifying that the properties also qualify for exemption under Section 54221(f)(1)(B), which requires a finding that the properties, because they are smaller than one-half acre, “are not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes.” In response to HCD’s request, and in consultation with the City Attorney’s Office, staff has prepared an Amended Resolution that incorporates the requested statutory language. The amended resolution does not change the original findings or intent of the previously adopted resolution, but provides clarification to ensure full compliance with HCD guidance and the Surplus Land Act.

Background
The Surplus Land Act (Government Code Section 54221 et seq.) requires local agencies to take formal action before disposing of publicly owned land that is no longer necessary for the agency’s use. Under the Act, such land must be classified as either “surplus land” or “exempt surplus land,” with written findings supporting the designation.

Recent legislative changes, including AB 1486 (effective January 1, 2020), strengthened the Act by prioritizing surplus land for affordable housing and other public purposes. However, the Act provides specific exemptions for certain categories of land, including small sites, which are not subject to the Act’s notice and negotiation requirements.

The City owns twenty-one (21) vacant properties totaling approximately 4.24 acres.

Following an internal evaluation, City staff determined that the properties are not necessary for the City’s use and qualify as exempt surplus land under Government Code Section 54221(f)(1) because:

1. Each property is smaller than one-half acre;

2. The properties do not meet the requirements for housing development under the Act.

Discussion
On September 3, 2025, the Mayor and City Council adopted Resolution No. 2025-362, declaring the 21 vacant properties as exempt surplus land pursuant to the Surplus Land Act. Following Council approval, staff submitted the resolution to the California

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Department of Housing and Community Development (HCD) for review of the Small Site Exemption under Government Code Section 54221(f)(1). HCD requested additional clarifying language under Section 54221(f)(1)(B) confirming that, because the Properties are smaller than one-half acre, they are not contiguous to land owned by a state or local agency used for open-space or low- and moderate-income housing purposes.

In response staff has prepared an amended resolution incorporating the requested clarification. As clarified in the amended resolution, the properties are not contiguous to land owned by a state or local agency used for open-space or low- and moderate- income housing purposes, consistent with Section 54221(f)(1)(B). Adoption of the amended resolution reaffirms the exempt surplus land designation, does not change the original findings or intent, and allows the City to proceed with the future disposition of the properties without being subject to the Surplus Land Act’s notice and negotiation requirements.

Approval of the amended resolution will allow the City to proceed with the disposition of the properties as exempt surplus land without triggering the Notice of Availability or negotiation requirements of the Surplus Land Act. Any future agreements for the sale or lease of the properties will be presented to the Mayor and City Council for consideration at a later date.
2021-2025 Strategic Targets and Goals
Declaration of the Properties as surplus land aligns with Key Target 4: Economic Growth and Development. Supporting the possible sale and reuse of land for future developments may result in additional revenue sources for the City and provide services or amenities to support the growing community.

Fiscal Impact
There is no fiscal impact associated with this action other than staff time, however, should the city dispose of the properties the city could receive revenue from the disposition.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-008:

1. Declaring twenty-one (21) City-owned properties, identified by the following Assessor Parcel Numbers: 0140-134-06, 0140-222-02, 0134-131-36, 0134- 131-37, 0134-131-28, 0145-242-32, 0145-242-33, 0146-193-17, 0273-171-01, 0146-053-27, 1191-031-29, 1191-031-27, 1191-031-18, 1191-031-19, 1191- 051-38, 1191-051-42, 1191-051-44, 1191-051-45, 1191-051-48, 1191-051-66, and 1191-051-24, as exempt surplus land pursuant to Government Code Section 54221(f)(1)(B); confirming that the properties are not subject to the notice of availability or negotiation requirements under the Surplus Land Act; and

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Attachments
Attachment 1 Resolution No. 2026-008
Attachment 2 Resolution No. 2026-008; Exhibit A – Legal Descriptions of Properties
Attachment 3 Exhibit B – Vicinity Maps and Zoning Descriptions Attachment 4 Resolution No. 2025-362 (Previously Adopted) Attachment 5 PowerPoint Presentation
Ward:

First Ward; Second Ward
Synopsis of Previous Council Actions:

On September 3, 2025, the Mayor and City Council of the City of San Bernardino reviewed and approved Resolution No. 2025-362, declaring twenty-one (21) City- owned vacant properties, totaling approximately 4.24 acres, as exempt surplus land pursuant to the Surplus Land Act (Government Code Section 54221 et seq.).

CC: Eric Levitt, City Manager

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Resolution No. 2026-008
Resolution No. 2026-008
February 4, 2026

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Mayor and City CouncilFebruary 4, 2026

Mayor and City Council
February 4, 2026