Resolution No.2026-014
RESOLUTION NO. 2026-014
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO CALIFORNIA
APPROVING A STANDARDIZED POLICY FOR CITY-
OWNED LEASES (NEW AND RENEWALS) THAT
MANDATES CITY COUNCIL AUTHORIZATION BEFORE
NEGOTIATIONS BEGIN AND FINAL APPROVAL BEFORE
EXECUTION.
WHEREAS, the City of San Bernardino ("City") owns real property that is leased to public and private entities for municipal, public benefit, and economic development purposes; WHEREAS, the Mayor and City Council desire to ensure that leases of City-owned real property are administered in a transparent, consistent, fair, and fiscally responsible manner; and WHEREAS, the Mayor and City Council find that establishing a standardized process for new leases and lease renewals will strengthen City Council oversight, promote transparency and accountability, and ensure that policy decisions regarding the use of City-owned property are made prior to negotiations or solicitation; and
WHEREAS, the proposed policy establishes a two-step process requiring City Council conceptual authorization prior to negotiations or issuance of a Request for Proposals, followed by final City Council approval of any lease agreement; and WHEREAS, the policy provides flexibility for the City Council to determine when competitive solicitation is appropriate while preserving equitable participation and public accountability where permitted by law; and
WHEREAS, the Mayor and City Council find that adoption of this policy constitutes an administrative action and is not a project within the meaning of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference as findings of the City Council.
SECTION 2. The City Council hereby adopts the Leasing Policy, attached hereto as and rent, estab shiny two-step conceptual aure the orty ad s as lasproval process for new Resolution No. 2026-014
February 18, 2026
Resolution No.2026-014
SECTION 3. The City Manager or designee is hereby authorized and directed to administer and implement the adopted Leasing Policy and to establish administrative procedures consistent with the Policy and applicable law. Such administrative procedures shall not authorize negotiations, issuance of Requests for Proposals, or execution of leases without prior City Council direction as required by the Policy.
SECTION 4. Effective Date. This Resolution shall become effective immediately upon adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 18* day of February 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez. CMe, City Clerk
)
Approved as 1o form:
PP.
'Sonia Carvalho, City Attormey
Resolution No. 2026-014
February 18, 2026
Resolution No.2026-014
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
1, Telicia Lopez, City Clerk, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of San Bernardino at a regular meeting held on the 1 8th day of February 2026, by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA X
SHORETT
KNAUS
FLORES
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WITNESS my hand and official seal of the City of San Bernardino this 19th day of February 2026.
Telicia Lopp/, CMC, Gily Clerk
Resolution No. 2026-014
February 18, 2026
CITY OF SAN BERNARDINO
LEASING POLICY
Purpose and Scope
The purpose of this Policy is to establish uniform procedures governing the approval of new leases and lease renewals of City-owned real property and wireless communication towers/sites where the City acts as lessor, in order to promote transparency, open competition, fiscal accountability, and City Council oversight. This policy is further intended to ensure that the City Council makes an affirmative policy determination, prior to negotiations, as to whether an existing lease should be renewed or whether the City should pursue competitive alternatives.
This policy applies to all leases, licenses, and similar agreements for the use or occupancy of City-owned real property, unless exempted by state law, emergency action, grant requirements, or express City Council direction.
No new lease or lease renewal shall be executed unless processed in accordance with the two-step procedure set forth in this Policy and approved by the City Council. City Council approval shall not be deemed as a waiver of any permit, approval, or compliance with applicable governmental laws or regulations.
2. Lease Renewals - City Council Conceptual Authorization For any proposed renewal of an existing lease, prior to any negotiations with the existing lessee or preparation of final lease documents, City staff shall submit a Conceptual Renewal Proposal to the City Council for consideration.
The Conceptual Renewal Proposal shall summarize the existing lease, identify any anticipated changes in material terms, describe the public benefit to the city, and disclose any known community, political, or public-interest considerations associated with the lease. The Conceptual Renewal Proposal shall not constitute a negotiated agreement and shall not bind the City or the lessee.
Following presentation of the Conceptual Renewal Proposal, the City Council shall, by motion, determine whether:.
(a) the City should proceed with renewal negotiations with the existing lessee; or
(b) the City should decline the renewal and may direct staff to initiate a Request for Proposals for the property.
3. Renewal Negotiation Authority
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If the City Council authorizes renewal negotiations with the existing lessee, staff may negotiate a renewal consistent with Council direction. Any negotiated renewal shall be subject to final City Council approval prior to execution.
4. New Leases
For any proposed new lease of City-owned real property, prior to the commencement of negotiations, City staff shall submit a Conceptual Lease Proposal to the City Council for consideration.
The Conceptual Lease Proposal shall describe the proposed use of the property, the anticipated term and general business terms, the public benefit to the City, and any known community, political, or public-interest considerations. The Conceptual Lease Proposal shall not constitute a negotiated agreement and shall not bind the City or any prospective lessee.
Following presentation of the Conceptual Lease Proposal, the City Council shall, by motion, determine whether:
(a) the City should proceed with the negotiations for the proposed new lease; or
(b) the City should decline to proceed with the proposed lease and issue a Request for Proposals.
Any lease resulting from Conceptual Lease Proposal or a Request for Proposals shall be subject to final City Council approval prior to execution.
5. Solicitation Procedures
All Requests for Proposals and related solicitations shall be conducted electronically using the City's authorized procurement platform. Solicitation processes shall be open, competitive, and conducted in a fair and impartial manner. The City may invite specific qualified vendors to participate while also allowing open electronic solicitation. Local business preference and supplier diversity provisions shall be applied where permitted by law.
6. Exemptions.
This Policy shall apply to all leases, licenses, and similar agreements for the use or occupancy of City-owned real property unless expressly exempted by state law or specifically exempted by action of the City Council. This Policy shall not apply to:
(a) Short-term or temporary use agreements of City property that do not convey a possessory interest, such as permits or event licenses, where authorized by ordinance or resolution;
(b) Intergovernmental agreements for the use of city property, where the city retains ownership and control, unless the City Council determines that application of this policy is warranted;
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(c) Other limited exceptions approved by the City Council on a case-by-case basis.
7. Administration.
The City Manager or designee is authorized to administer and implement this policy and to adopt administrative procedures consistent with this Policy and applicable law.
Administrative procedures shall not authorize negotiation or execution of lease renewals without prior City Council direction as required by this Policy. -3-
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