Agenda packet — Mayor and City Council, September 2, 2026 (part 3 of 8)

65361968.1
or show that any mitigation measure in the IS/MND is infeasible or ineffective. Instead, it repackages familiar CEQA allegations with generalized biological opinions, unsupported extrapolations, and a perimeter-based site visit. That is not substantial evidence of a fair argument and does not require the City to prepare an EIR.

The City has before it a legally sufficient and well-supported IS/MND and a Biological Resources Assessment prepared by ELMT Consulting (“ELMT”), a qualified Southern California biological resources firm.. The IS/MND identifies the Project, analyzes the existing conditions, evaluates biological resources, and incorporates enforceable mitigation for nesting birds, burrowing owl, and jurisdictional waters. SAFER may disagree with those conclusions, but disagreement alone is not substantial evidence, and the Smallwood Report does not supply the missing factual foundation.

I. CEQA Does Not Require an EIR Based on Speculation, Unsupported Assumptions, or Generalized Expert Disagreement.

SAFER correctly recites that the fair argument standard is protective of environmental review. But the standard is not a free pass for unsupported speculation. Public Resources Code section 21080(e)(1) defines substantial evidence to include facts, reasonable assumptions predicated on facts, and expert opinion supported by facts. The statute expressly excludes argument, speculation, unsubstantiated opinion, and evidence that is clearly inaccurate or erroneous. (Pub. Resources Code, § 21080(e)(2); CEQA Guidelines, § 15384.)
Accordingly, an expert’s letter can support a fair argument only when it is tied to project-specific facts and reasoned analysis. An expert may not simply list species from regional databases, rely on generalized literature, extrapolate from unrelated sites, or assume impacts without showing why those assumptions apply to the project before the agency. CEQA also does not require an EIR where mitigation measures reduce potentially significant effects to a less-than-significant level and the record contains no substantial evidence that the project, as mitigated, may still cause a significant effect. (Pub. Resources Code, §§ 21064.5, 21080(c).) That is the case here. The City analyzed biological resources and incorporated mitigation tailored to the Project. The SAFER letter and Smallwood Report do not undermine that analysis because they are not grounded in a reliable, project-specific evaluation of the development footprint or the Project mitigation.

II. The IS/MND and ELMT Biological Assessment Provide Substantial Evidence Supporting the City's Determination.

The Project is a low-density residential subdivision on approximately 107.7 acres, proposing 105 single-family residential lots and five lettered lots. The City's IS/MND evaluates biological resources based on the ELMT Biological Resources Assessment, which included a literature and database review, a field investigation, vegetation mapping, special-status species habitat assessment, and review of drainage and jurisdictional features.

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Contrary to SAFER's characterization, the biological record does not ignore the Project's setting.

The IS/MND identifies the relevant vegetation and land cover types as Riversidean sage scrub, chaparral, sycamore woodland, and disturbed areas. The IS/MND also acknowledges that the Project site is located near open space and Meyers Canyon, but explains that the Project has been designed to avoid encroachment into Meyers Canyon and that no long-term interference with wildlife movement is expected.

The IS/MND includes mitigation measures that directly address the biological issues raised by the Project: Mitigation Measure BR-1 requires preconstruction nesting bird surveys and avoidance buffers if active nests are found; Mitigation Measure BR-2 requires burrowing owl presence/absence surveys consistent with CDFW guidance, including a survey 14 days before ground disturbance and a second survey within 24 hours before ground disturbance; and Mitigation Measure BR-3 requires the Project applicant to obtain a CDFW Streambed Alteration Agreement and Regional Water Quality Control Board authorization before issuance of grading permits for impacts to Drainage 1.

The IS/MND further explains that the Project site is not within federally designated critical habitat, with the nearest critical habitat for San Bernardino Merriam's kangaroo rat located approximately

0.61 miles west of the site, beyond Meyers Canyon and existing residential development. These are not conclusory statements; they are project-specific findings supported by ELMT's biological assessment and the City's environmental review.

III. The Smallwood Report Is Not Substantial Evidence Because It Is Not a Reliable Project-Specific Biological Survey.

The foundation of the SAFER letter is a site visit performed by Dr. Smallwood's associate, not by Dr. Smallwood. The report states that Noriko Smallwood walked the perimeter of the site where accessible, used binoculars, and later conducted nocturnal observations using a bat detector and thermal imaging equipment. That limited method matters. This is a large 107.7-acre hillside/foothill property. A perimeter-only survey, performed for a few hours on a few days, is not a reliable substitute for the site-access field investigation, vegetation assessment, desktop review, and project-specific analysis prepared for the IS/MND.

The Smallwood Report also admits that it recorded species flying over the site or seen just off-site.

That admission substantially undercuts SAFER's argument. A bird flying over a property, a bird photographed on a fence, a call from a retention pond, or an observation "just off site" is not proof that the Project footprint contains occupied habitat, breeding habitat, roosting habitat, or a resource that will be substantially adversely affected by the Project. Yet SAFER repeatedly treats these types of observations as if they establish Project-site occupancy and significant habitat loss.

The photographs attached to the Smallwood Report likewise do not cure the problem. Many photographs are close-up images of birds, a butterfly, lizards, and sonograms. They do not provide reliable location data, survey transects, GPS points, or documentation tying the observations to the Packet Page. 343
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Project impact area. For photographs allegedly taken from a perimeter inspection of a 107.7-acre site, the record does not demonstrate where the subject species were located, whether they were on the Project site, whether they were in the disturbance area, whether they were flying over, or whether they were on adjacent land. That is not substantial evidence of a significant biological impact.

The report then compounds this field-method problem by extrapolating from unrelated studies and unrelated geography. Dr. Smallwood relies on modeling derived from the Altamont Pass Wind Resource Area in Alameda and Contra Costa Counties and other studies from areas such as Rancho Cordova, Murrieta, and San Jacinto. He even states that the location of the Altamont study is "largely irrelevant" because he believes the detection pattern is what matters. That is precisely the problem. CEQA requires project-specific evidence. A statistical pattern from a Northern California wind resource area does not establish that this Southern California residential subdivision will cause significant impacts to the specific species, habitat, and disturbance footprint at issue here.

The Planning Commission should give the Smallwood Report little weight. It is a litigation-driven critique that uses an abbreviated perimeter reconnaissance and broad regional extrapolations to manufacture uncertainty. CEQA does not require an EIR merely because an expert prepares a long report filled with assumptions. The report must contain facts and reasoned analysis tied to the Project. This one does not.

IV. SAFER's Specific Biological Claims Do Not Establish a Fair Argument.

1. Existing Setting: SAFER argues that the IS/MND mischaracterizes the existing environmental setting. The record does not support that claim. The Biological Resources section of the IS/MND describes the Project site's Riversidean sage scrub, chaparral, sycamore woodland, and disturbed areas, and explains that the sycamore woodland associated with Drainage 1 is outside the proposed limits of disturbance. To the extent an introductory sentence elsewhere in the IS/MND refers to "creosote bush scrub," the City can correct or clarify that wording through an errata to conform to the biological analysis. A clerical or shorthand vegetation reference in the project description does not render the biological analysis inadequate or require an EIR.

2. Species Counts: SAFER relies heavily on the assertion that ELMT observed fewer species than Noriko Smallwood. That is not the CEQA test. CEQA does not require an EIR because one observer reports a longer species list, particularly where the list includes flyovers, adjacent observations, common wildlife, and species detected by calls or instruments without evidence of occupied habitat in the disturbance area. The relevant question is whether the Project, as mitigated, may cause a substantial adverse effect on candidate, sensitive, or special-status species. The IS/MND answers that question with project-specific mitigation.

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3. Burrowing Owl: The Project is already subject to Mitigation Measure BR-2, which requires preconstruction burrowing owl surveys consistent with CDFW guidance and requires avoidance or passive exclusion in coordination with CDFW if burrowing owls are found.

SAFER's assertion that additional work should have been performed earlier does not show that the adopted mitigation is ineffective or that the Project will cause a significant impact.

4. Crotch Bumble Bee and Rare Plants: The Smallwood Report claims ELMT should have performed additional detection surveys for Crotch bumble bee and rare plants. However, the report does not identify any actual Crotch bumble bee observation on site, any rare plant population in the Project impact area, or any project-specific facts showing that the IS/MND's conclusions are wrong. A demand for more surveys, without evidence of a significant unmitigated impact, is not substantial evidence requiring an EIR.

5. Monarch Butterfly: The Smallwood Report claims two monarchs were roosting on a pine tree and then leaps to the conclusion that the Project site "must be vitally important" to monarchs. That conclusion is unsupported. The report does not establish the location of the tree relative to the disturbance area, does not show that the site contains a recognized overwintering grove or breeding resource, does not document milkweed or nectar plants in the impact area, and does not demonstrate that the Project would eliminate any significant monarch resource. The conclusion also conflicts with the way monarch habitat is treated by the federal wildlife agency charged with administering the Endangered Species Act. In its 2024 proposed rule for the monarch, the U.S. Fish and Wildlife Service proposed critical habitat only at western migratory population overwintering sites in coastal California - approximately 4,395 acres in Alameda, Marin, Monterey, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura Counties. 89 Fed. Reg. 100662, 100662 (Dec. 12, 2024). FWS expressly did not propose critical habitat in breeding or migratory areas because that habitat is expansive, variable from year to year, and used opportunistically. Id. at 100691. The Project site in inland San Bernardino County is not within that proposed critical habitat, and Smallwood provides no project-specific basis to treat a claimed perimeter observation as evidence that the site is "vitally important" monarch habitat. The claim is speculative and does not support a fair argument.

6. Western Spadefoot and Amphibians: The report states that western spadefoot and Baja California treefrog were detected by calls from a retention pond. Again, the report does not provide sufficient project-specific location information or demonstrate that the alleged calling location would be impacted. The IS/MND separately evaluates Drainage 1 and requires regulatory permits from CDFW and the Regional Water Quality Control Board before grading.

SAFER's amphibian claim does not establish a significant unmitigated impact.

7. Bats: The Smallwood Report relies on acoustic detections of bats to criticize ELMT's conclusion regarding roosting opportunities. Acoustic detections may indicate that bats are active in the broader area or flying through the airspace; they do not establish an occupied Packet Page. 345
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roost in the Project disturbance area. The report speculates that bats are "highly likely" to roost in sycamores, but the sycamore woodland is outside the proposed limits of disturbance and the Project is subject to mitigation and regulatory approvals for any impacts to Drainage 1.

Smallwood provides no evidence of an occupied bat roost within the Project’s development footprint, no roost survey, and no site-specific evidence that Project construction would remove or disturb an active bat roost. There is no project-specific evidence that the Project will remove an occupied bat roost or cause a significant bat impact.

8. Habitat Loss and Avian Nest Estimates: SAFER repeats Dr. Smallwood's estimate that the site supports up to 269 bird nests per year. That number is not based on a nest survey of the Project site. It is derived from estimates and assumptions from other locations, then applied to the Project. The City's mitigation addresses the actual CEQA issue by requiring preconstruction nesting bird surveys and avoidance buffers if active nests are present.

Hypothetical nest-density calculations from unrelated sites do not defeat that mitigation.

9. Traffic Impacts on Wildlife: The Smallwood Report estimates hundreds of constructionrelated wildlife deaths and more than 1,000 annual operational wildlife deaths from Projectgenerated traffic. Those numbers are not based on Project-specific roadkill data, site-specific wildlife movement analysis, or the Project’s actual residential street network. Rather, Smallwood derives his estimates by applying vehicle-miles-traveled fatality rates from studies conducted elsewhere — first from a 2.5-mile segment of Vasco Road in Contra Costa County, and then from his own one-year pedestrian survey of local, collector, and minor arterial roads in north Davis, California. He then applies those off-site rates to the Project’s estimated construction and operational VMT to predict 528 to 1,292 construction-period wildlife fatalities and 1,018 to 2,489 annual operational wildlife fatalities. Nothing in that exercise demonstrates that comparable roadkill conditions exist on Verdemont Drive, Little League Drive, Antique Street, the Project’s internal residential streets, or the actual travel routes that would serve this residential subdivision.

10. Bird-Window Collisions: The Smallwood Report estimates 187 annual bird-window fatalities by applying generalized bird-window collision literature to assumed residential window area. The Project is a conventional single-family residential subdivision, not a glass office tower, campus building, or uniquely hazardous reflective building. The report does not identify Project-specific architecture, window orientation, lighting, glass treatment, or site conditions that would create a significant bird-collision hazard. This is another generic calculation disconnected from the Project.

11. Wildlife Movement: The IS/MND addresses wildlife movement and concludes the Project will not substantially interfere with regional movement because it avoids encroachment into Meyers Canyon and does not impact the creek itself. SAFER's disagreement does not identify substantial evidence that the Project will block or substantially Packet Page. 346
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degrade a wildlife corridor, particularly where the Project is located at the urban edge and is designed to avoid the canyon linkage.

V. The City Can Adopt the MND and Approve the Project.

The SAFER letter asks the City to disregard the IS/MND and prepare an EIR based primarily on the Smallwood Report. The City is not required to do so. The Smallwood Report does not provide substantial evidence of a fair argument because its core opinions are based on limited perimeter observations, undocumented or poorly located photographs, observations of species flying over or adjacent to the property, and generalized extrapolations from unrelated study areas. Those materials do not overcome the project-specific biological analysis and mitigation in the IS/MND.

The City can conclude that the IS/MND, ELMT Biological Resources Assessment, mitigation measures, and supporting technical studies provide substantial evidence that the Project's potentially significant biological impacts will be reduced to less than significant levels. The City may also reasonably conclude that SAFER's late-submitted comments do not identify a significant unmitigated environmental impact and do not require preparation of an EIR.

For these reasons, we respectfully request that the Planning Commission reject the SAFER/Lozeau Drury comment letter, find that it does not present new information, new environmental impacts, or substantial evidence supporting a fair argument, adopt the IS/MND and Mitigation Monitoring and Reporting Program, and approve the Project as recommended by Staff.

Very truly yours,

FENNEMORE LLP
Brent R. McManigal
BMCM
Packet Page. 347
Appeal 26-10
Presented by: Community Development & Housing Department Packet Page. 348
Appeal 26-10
■ Uphold Appeal 26-10, thereby denying the Planning Commission’s Approval of Subdivision 25-01 (Tentative Tract Map 20707) for the Subdivision of six (6) parcels into one hundred and five (105) single family lots ■ North of Verdemont Drive
■ 107.7 acres
■ Residential Low (RL)
Request:

Packet Page. 349
Appeal 26-10
Aerial Map
Packet Page. 350
Appeal 26-10
Zoning Designation
Packet Page. 351
Appeal 26-10
Existing Site (N. Verdemont Drive)
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Appeal 26-10
Existing Site (N. Verdemont Drive)
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Appeal 26-10
■ Subdividing six (6) parcels into one hundred and five (105) single family lots ■ Access/ Site Design:
■ Ingress/egress access from Verdemont Drive.
■ Six new streets will be created
■ Lots size will range from 10,000 to 24,891 Square Feet.

Analysis
Packet Page. 354
Appeal 26-10
■ July 14, 2026 – Planning Commission adopted Resolution No. 2026-018 ■ July 267, 2026 – An application for Appeal 24-03 was filed Background:

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Appeal 26-10
Tentative Tract Map 20707
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Conclusion
Staff Recommendation

1. Adopt Resolution No. 2026-0XX of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 26-10 thereby upholding Planning Commission’s approval to adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program under the California Environmental Quality Act; approving Subdivision 25-01 (Tentative Tract Map No. 20707) allowing the subdivision of a project site comprised of six (6) parcels containing a total of approximately 107.7 acres into one hundred and five (105) single-family lots ranging in size from 10,000 to 24,891 square feet; located on the terminus of Antique Street; North of Verdemont drive (APN: 0261-011-02, 03, and 10; and 0348-121-14, 27, and 28) within the Residential Low (RL) zone; or

2. Adopt Resolution No. 2026-0XX of the Mayor and City Council of the City of San Bernardino, California, granting Appeal 26-10 of the Planning Commission’s approval, thereby denying the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program under the California Environmental Quality Act; and denying Subdivision 25-01 (Tentative Tract Map No. 20707) allowing the subdivision of a project site comprised of six (6) parcels containing a total of approximately 107.7 acres into one hundred and five (105) single-family lots ranging in size from 10,000 to 24,891 square feet; located on the terminus of Antique Street; North of Verdemont drive (APN: 0261-011-02, 03, and 10; and 0348-121-14, 27, and 28) within the Residential Low (RL) zone
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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 4072242
Rina Chavez

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

HRG - NOTICE OF HEARING
APPEAL 26-10 FOR SUBDIVISION 25-01 (TENTATIVE TRACT MAP 20707)
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:
08/22/2026
08/24/2026

SAN BERNARDINO
!A000007500796! Email

NOTICE OF PUBLIC HEARING

CITY COUNCIL OF THE CITY OF

SAN BERNARDINO
NOTICE IS HEREBY GIVEN that
the City of San Bernardino Mayor
and City Council will hold a public
meeting on September 2, 2026 at 5:00
PM in the City Council Chambers in
the Norman F. Feldheym Central
Library at 555 West 6thStreet, San
Bernardino, California. Visit the
City's agenda portal at
www.sbcity.org to access more
meeting information.

The purpose of the hearing is to
consider the following:

APPEAL 26-10 FOR
SUBDIVISION 25-01 (TENTATIVE
TRACT MAP 20707) – A request to allow the subdivision of a project site comprised of six (6) parcels
containing a total of approximately
107.7 acres into one hundred and five
(105) single-family lots ranging in
size from 10,000 to 24,891 square feet.

The project is located on the
Terminus of Antique Street; North of Verdemont Drive (APN: 0261-011- 02, 03, and 10; and 0348-121-14, 27)
within the Residential Low (RL)
zone, Ward 5. Environmental Determination:

Mitigated Negative Declaration,
pursuant to §15074 (Adoption of a
Mitigated Negative Declaration) of
the California Environmental
Quality Act
Applicant: JEC Enterprises Inc
Owner: Verdemont Heights 1 LLC
Notice is further given that
members of the public who wish to
comment on the public hearing you may participate in the following ways: 1) comments and contact
information can be emailed to
[email protected] by
2:30 P.M. the day of the scheduled
meeting; 2) attending the meeting in person and providing your public comment in person, not to exceed
three minutes.

If you challenge the matter in court, you may be limited to raising only those issues you or someone else
raised at the public meeting
described in this notice or written
correspondence delivered to the City
Clerk at or prior to the public
meeting.

The City endeavors to be in total compliance with the Americans with Disabilities Act. If you require
assistance or auxiliary aids to
participate in the meeting, please contact the City Clerk's Office as far in advance of the meeting as
possible. Additional information concerning
the above matter may be obtained
from, and written comments should
be addressed to, San Bernardino
Packet Page. 359
City Clerk, 290 North "D" Street, San Bernardino, California 92401.

Telicia Lopez, CMC
Acting City Clerk
DATED: August 18, 2026
8/22/26
SBS-4072242#
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 2, 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. December 1, 2021 Special Meeting Draft Minutes

2. August 03, 2022 Regular Meeting Draft Minutes

3. December 7, 2022 Regular Meeting Draft Minutes

4. July 15, 2026 Regular Meeting Draft Minutes
Background
Beginning in 2020, the City Clerk’s Office experienced increased workload demands while operating with limited staffing. At that time, the Office consisted of the City Clerk and one Office Specialist. The increased frequency of special meetings and transition to virtual Zoom meetings contributed to the development of a backlog in Mayor and City Council meeting minutes.

Staffing increased to six employees toward the end of 2021; however, the backlog had already developed and became increasingly difficult to address. During 2021– 2022, the City Clerk’s Office was also responsible for coordinating 21 meetings related to the City’s redistricting process, in addition to implementing a new agenda management system and supporting the Primary and General Elections. The office also experienced two staff members on maternity leave at different times during 2022, further affecting available staffing capacity.

Packet Page. 361
As of April 2025, there were 79 sets of outstanding Mayor and City Council meeting minutes dating from 2020 through 2024. Through continued efforts, meeting minutes for 2023 through 2026 are now current, and the remaining backlog has been reduced to 24 sets of Mayor and City Council meeting minutes.

The City Clerk’s Office will continue prioritizing completion of the remaining backlog while maintaining current meeting minutes on a timely basis.

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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

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 1, 2021
5:00 PM

CALL TO ORDER
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:01 PM by Mayor Pro Tem Sandra Ibarra on December 1, 2021, at Feldheym Central Library, San Bernardino, CA.

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Mayor Pro-Tem, Ward 2 Present
Juan Figueroa Council Member, 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
Genoveva Rocha City Clerk Present
Packet Page. 363
Special Meeting Minutes December 1, 2021
Mayor and City Council of the City of San Bernardino Page 2 Printed 12/20/2021 5:00 P.M.

PLEDGE OF ALLEGIANCE
Council Member Sanchez led the Pledge of Allegiance to the flag.

Mayor Pro Tem Ibarra made a brief announcement regarding the requirements, length, and rules of the censure hearing.

City Attorney Carvalho announced that her role during the hearing would be to advise the City Council on Brown Act procedures and the hearing process only.

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Public Comments were heard at this time, with an allowance of two minutes per speaker due to time constraints, per Mayor Pro Tem Ibarra.

City Clerk Rocha read two written public comments aloud, per ADA accommodation rules:

Tim Dorame supported the censure of the Mayor.

Keith Wisnewksi supported the censure of the Mayor.

The following individuals spoke, in person, in favor of the censure of the Mayor:

Leticia Garcia Treasure Ortiz Gary Saenz
Paula Plunk Harry Hatch Robert Porter
Bertie Vanettes Michelle Cuevas Tim Prince
The following individuals spoke, in person, in opposition to the censure of the Mayor:

James Penman Paul Sanborn Alex Mucino
Angel Torres Manmeet Sehgal Gabriel Ordaz
Todd Barnett Josh Barela Gavin Foley
There were no remote public comments.

DISCUSSION

1. Censure of Mayor John Valdivia by City Council (All Wards) Recommendation
Conduct censure hearing concerning Mayor John Valdivia, review and consider grounds for censure, evidence presented in support thereof, any related response presented by or on behalf of the Mayor, any rebuttal, and any related public comment; and in accordance with the procedure outlined in this Report, take any action determined to be appropriate based on the matters presented and deliberated, including but not limited to adoption of a final Resolution of Censure.

Norma Garcia Guillen of Garcia, Rainey, Blank & Bowerbank, LLP spoke regarding the results of the investigation against Mayor Valdivia. She presented the staff report and attachments detailing allegations against the Mayor.

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Special Meeting Minutes December 1, 2021
Mayor and City Council of the City of San Bernardino Page 3 Printed 12/20/2021 Rod Pacheco represented the Mayor and provided a presentation in response to the allegations against the Mayor.

Both representatives also provided rebuttals before the presentation portion was closed by Mayor Pro Tem Ibarra.

A motion was made by Council Member Shorett to approve the Final Resolution of Censure (2021-279). The motion was seconded by Council Member Calvin.

Council Member Shorett made a statement stating that Mayor Valdivia was not following rules, and knew that he was misusing public funds in his activities.

Council Member Figueroa asked to clarify specific information that was part of the private investigation report.

Council Member Alexander asked attorney Garcia about the “mass mailing” rules and policy violations. Attorney Garcia stated there were forty-two policy violations.

Council Member Ibarra clarified some of the “mass mailing” FPPC rules as well.

Attorney Pacheco advised that the Mayor was reimbursed by the City for his mass mailing expenses.

Council Member Reynoso stated that the City Council is not proud of the censure process, but their goal is to end corruption within the City.

Council Member Calvin apologized to the community for the acts of the Mayor, and stated the Council is informing all elected officials that they are no longer accepting corruption in the City. She also made an amended motion to approve the Final Resolution of Censure (2021-279), remove Mayor Valdivia from all regional boards, and move forward with pressing criminal charges against the Mayor. The motion was seconded by Council Member Reynoso.

After discussion with City Attorney Carvalho and Council Members, Council Member Calvin agreed to withdraw her alternate motion and affirm her support for Council Member Shorett’s original motion.

Council Member Reynoso made a motion to direct staff to explore the feasibility of removing the Mayor from all regional boards and authorities. This motion was seconded by Council Member Alexander.

RESULT: ADOPTED FINAL RESOLUTION OF CENSURE OF MAYOR JOHN VALDIVIA, RESOLUTION NO. 2021-279 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
Packet Page. 365
Special Meeting Minutes December 1, 2021
Mayor and City Council of the City of San Bernardino Page 4 Printed 12/20/2021 It was clarified by the City Clerk and City Attorney that the first motion was to adopt the Resolution of Censure, and an additional vote would be conducted to adopt the additional direction to staff.

RESULT: DIRECTED STAFF TO RESEARCH THE LEGALITY AND ABILITY

OF THE CITY COUNCIL TO REMOVE INDIVIDUAL COUNCIL

MEMBERS AND/OR THE MAYOR FROM REGIONAL BOARDS
[7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

ADJOURNMENT
The special meeting of the Mayor and City Council was adjourned at 7:11 PM on Wednesday, December 1, 2021.

The special meeting adjourned to the joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on Wednesday, December 1, 2021, at the Feldheym Library located at 555 W. 6th St., San Bernardino, California 92401. Open Session was called to order at 7:23 PM.

By:______________________
Telicia Lopez, CMC
City Clerk
Packet Page. 366
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, AUGUST 3, 2022
7:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:00 PM by Mayor John Valdivia on Wednesday, August 3, 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
Edelia Eveland Assistant City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Chris Reinhard led the Invocation and Council Member Theodore Sanchez led the Pledge of Allegiance to the Flag.

CITY MANAGER UPDATE
At this time, Assistant City Manager Edelia Eveland provided city-wide updates including the introduction of four new staff members: Christian Rodriguez, Grants Manager; Gilbert Mosquedo, Management Analyst; David Murray, Deputy Director/ Assistant City Planner; and Cassandra Searcy, Deputy Director of Housing and Homelessness. The City Manager also provided updates on National Night Out, planned improvements to Guadalupe Field, the launch of passenger flights to San Francisco and Provo, the development of a comprehensive Economic Development Action Plan, the Water Department’s low-income assistance program, the return of library homework assistance, pet safety during extreme heat, and the upcoming Little League Baseball Western Regionals.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community.

Councilmembers reported on their attendance at National Night Out events and thanked City staff, law enforcement, and community members for their participation. Updates were provided regarding community and neighborhood association events, the opening of a workforce development organization, the Little League Western Regionals, an upcoming skateboarding event, proposed alcohol sales regulations, and planned Spanish-language interpretation services for City meetings.

PRESENTATIONS

1. Resolution Celebrating the 50th Anniversary of the 1972 Civic Athletic Club (CAC) Little League Baseball All Star Team
The Mayor and City Council presented the proclamation to Civic Athletic Club (CAC) Little League All-Star Team from San Bernardino’s Sixth Ward.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Barbara Whittington spoke in support of a Community Benefits Agreement (CBA) for the Carousel Mall project. Requested the City to prioritize residents for jobs and economic opportunities associated with the project.

Sonya Gray-Hunn spoke in support of the Community Benefits Agreement and requested greater transparency and regular updates from the City Council ad hoc committee. Requested a status report at a future Council meeting and encouraged residents to remain engaged and participate in the public process.

David McCammack commented on the public hearing for the Community Facilities District. Stated that the City should improve maintenance of streets, sidewalks, and alleys, and address issues including graffiti, illegal dumping, and public safety.

Frank Audi expressed concerns regarding the repeated towing of his work truck, which he attributed to an improperly marked red curb. Stated that he had contacted numerous City officials and agencies without receiving a satisfactory resolution and requested that the City respond to his concerns.

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Mayor and City Council of the City of San Bernardino Page 3 Tracy Maresco expressed concern regarding the condition and future redevelopment of the Carousel Mall, urging the City to establish a plan that benefits the community, creates good jobs, and improves the surrounding neighborhood.

Jim Penman expressed that faith and spiritual guidance were essential to addressing violence and other challenges facing the community.

Douglas Cameron expressed concerns regarding public safety, illegal activity, speeding, and pedestrian safety, particularly along Highland Avenue and Baseline Street.

Jennifer C. advocated for a Community Benefits Agreement related to the Carousel Mall redevelopment to ensure benefits for residents as well as developers.

Harry Hatch urged the Council to allow the new Police Chief sufficient time to conduct an independent investigation in accordance with the law.

Maria Dines requested greater transparency regarding Carousel Mall redevelopment negotiations and urged continued support for a Community Benefits Agreement.

Christian Shaughnessy encouraged adoption of a Community Benefits Agreement, emphasizing community participation, public trust, and addressing violence through accountability.

Gina Mireles raised concerns regarding crime, safety, and alleged financial misconduct at the Mountain View Park complex and requested placement on a future agenda to present additional information.

Martha Romero supported a Community Benefits Agreement, requested greater transparency regarding redevelopment negotiations, and emphasized the need for community benefits from the Carousel Mall project.

Devonna Robertson requested transparency from the ad-hoc committee and encouraged meaningful community involvement in the Carousel Mall redevelopment process.

Doreen Dominguez supported the Carousel Mall redevelopment and Community Benefits Agreement, highlighting the opportunity to increase investment and economic development in San Bernardino.

Scott Furniss thanked the San Bernardino Police Department for its community policing efforts and stated that public safety contributed to the success of local businesses.

Lawanda Rangel spoke on local leadership, public safety, and the mayoral election, encouraging leadership focused on addressing crime and community issues.

Naomi Lopez supported a Community Benefits Agreement, requested increased transparency regarding redevelopment negotiations, and urged continued investigation into the Robert Adams incident.

Christian Flores requested continued transparency and accountability from the ad hoc committee and emphasized public participation in the Carousel Mall redevelopment process.

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Mayor and City Council of the City of San Bernardino Page 4 Dolores Armstead expressed concerns regarding enforcement of unlicensed street vending and requested that public comments be administered consistently during City Council meetings.

City Clerk Genoveva Rocha read the following written comment:

Hardy Brown (Written ADA Accommodation) congratulated elected officials, expressed concerns regarding public safety and school violence, and requested an independent review of the Robert Adams police shooting.

DISCUSSION

2. Cancel the September 7, 2022, Mayor and City Council Meeting Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the proposed amendment to the 2022 Mayor and City Council Meeting Schedule canceling the September 7, 2022, Mayor and City Council Meeting.

Councilmembers discussed rescheduling the meeting to another date. Staff explained that the recommendation was to cancel the meeting entirely and noted that work could be adjusted before or after the canceled meeting as necessary.

RESULT: APPROVED THE CANCELLATION OF THE SEPTEMBER 7th
MAYOR AND CITY COUNCIL REGULAR MEETING [4-3]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Shorett, Reynoso, and Calvin
NOES: Ibarra, Figueroa, and Alexander

3. Third Amendment to Exclusive Negotiating Agreement (ENA) – Carousel Mall (Ward1)
Recommendation:

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

1. Approve the Amendment to the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and San Bernardino Development Company, LLC and LPC West, Inc., for the development of Carousel Mall; and

2. Authorize the City Manager, or designee, to take any further actions and execute any further documents as necessary to effectuate the agreements.

The item was continued from the meeting of July 20, 2022 Mayor and City Council Meeting, to ensure Lincoln Properties were in attendance to provide a presentation.

Agency Director Nathan Freeman provided a presentation to the Mayor and City Council of the proposed Third Amendment to the Exclusive Negotiating Agreement. This action would add LPC West (Lincoln Property Company) as the exclusive developer for the Carousel Mall redevelopment, extend the ENA through September 12, 2023, and revise the schedule of performance to anticipate presentation of a fully negotiated Disposition and Development Agreement (DDA) to the City Council by August 2023. Staff also Packet Page. 370
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Mayor and City Council of the City of San Bernardino Page 5 provided an overview of Lincoln Property Company’s experience and development portfolio.

Stephen Lindgren, Senior Vice President of Acquisitions and Development for Lincoln Property Company, provided an overview of the company’s development experience and highlighted successful mixed-use projects in Southern California.

The Mayor and Council discussed the proposed amendment, including Lincoln Property Company’s role as lead developer, community benefits, local hiring, affordable housing, sustainability, project timelines, and the importance of transparency and regular community updates. Lincoln representatives affirmed their commitment to community benefits, an affordable housing component, meeting project milestones within their control, and continued collaboration with RDICO, City staff, the Council, and the community.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None

4. Adopt a Master Equity Lease Agreement for Light Duty Vehicles Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to enter into a Master Equity Lease Agreement with Enterprise Fleet Management, Inc., for light duty vehicles and authorize the Agency Director of Administrative Services to issue a purchase order in an amount not to exceed $1,200,000 to Enterprise Fleet Management.

Barbara Whitehorn, Director of Administrative Services, provided a presentation to the Mayor and City Council regarding an alternative fleet management model to address the City’s aging fleet, high maintenance costs, and limited efficiencies. Staff recommended transitioning to a municipal leasing model to improve vehicle replacement, safety, and fleet management while providing an estimated $10 million in savings over five years.

The Mayor and City Council discussed the proposed fleet leasing model, including impacts on City fleet employees, funding and reserves, vehicle replacement timelines, mileage restrictions, disposal of surplus vehicles, and opportunities for community vehicle sales. Council also discussed prioritizing electric and alternative-fuel vehicles as infrastructure and technology become available and expressed support for the proposed leasing model and projected cost savings.

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Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

PUBLIC HEARINGS

5. Public Hearing on Annexation No. 5 to Community Facilities District 2018-1 (Safety Services), (TR 20258), Adoption of Resolutions for Annexing into the Community Facilities District (Ward 7)
Recommendation:

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

1. Hold a Public Hearing;

2. Adopt Resolution No. 2022-161 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), annexing territory to Community Facilities district No. 2018-1 (Safety Services) and calling elections therein;

3. Hold a special landowner election and canvass the election;

4. Adopt Resolution No. 2022-162 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying the results of the August 3, 2022 annexation and special tax election.

Mayor John Valdivia opened the public hearing at 9:42 p.m.

At this time, Mayor Pro Tem Figueroa and Council Member Kimberly Calvin left the dais.

No discussion was held on this item.

Mayor John Valdivia closed the public hearing at 9:45 p.m.

RESULT: ADOPTED RESOLUTION NO. 2022-161 [5-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander
ABSENT: Kimberly Calvin, Juan Figueroa
Mayor Pro Tem Figueroa returned to the Dais.

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Mayor and City Council of the City of San Bernardino Page 7 RESULT: ADOPTED RESOLUTION NO. 2022-162 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin

6. Public Hearing on Annexation No. 18 to Community Facilities District 2019-1 (Ward 6)
Recommendation:

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

1. Hold a Public Hearing;

2. Adopt Resolution No. 2022-163 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 18);

3. Hold a special landowner election and canvass the election;

4. Adopt Resolution No. 2022-164 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 18);

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

MC-1590 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay 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); and

6.Schedule the final reading and adoption of Ordinance No MC-1590 for August 17, 2022.

Mayor John Valdivia opened the public hearing at 9:48 p.m.

No discussion was held on this item.

Mayor John Valdivia closed the public hearing at 9:49 p.m.

RESULT: ADOPTED RESOLUTION NO. 2022-163 [6-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin
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Mayor and City Council of the City of San Bernardino Page 8 RESULT: ADOPTED RESOLUTION NO. 2022-164 [6-0]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Juan Figueroa, Mayor Pro-Tem, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin
RESULT: INTRODUCED FOR FIRST READING ORDINANCE MC-1590 [6-0] MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin
City Clerk Genoveva Rocha read the title of Ordinance MC-1590 into the record At this time, Council Member Calvin returned to the Dais.

7. Development Code Amendment 22-03 (Accessory Dwelling Units) (All Wards) Recommendation:

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

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

MC-1591 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 22-03 amending Section

19.04.030(2)(P)(6)(a)(i)Specific ADU Requirements) of the City of San Bernardino Municipal Code (Title 19) to increase the maximum size of a detached or attached Accessory Dwelling Unit from 1,000 square feet to 1,200 square feet; and finding the Ordinance is exempt under the California Environmental Quality Act (Attachment 1) (Attachment 1); and

2. Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on August 17, 2022.

Mayor John Valdivia opened the public hearing at 9:53 p.m.

Planning Division Manager, Oliver Mujica presented a proposed amendment to the City’s Accessory Dwelling Unit (ADU) Ordinance to increase the maximum allowable ADU size from 1,000 to 1,200 square feet, as permitted under state law. The Planning Commission unanimously recommended maintaining the existing 1,000-square-foot limit due to varying lot and home sizes throughout the City.

Council and staff discussed the proposed increase in the maximum allowable ADU size from 1,000 to 1,200 square feet. Staff clarified that the amendment would not change existing setback or lot coverage requirements and that larger ADUs would only be permitted where the property could accommodate them. Staff also addressed questions regarding application fees, utilities, garage conversions, and second-story ADUs.

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Mayor and City Council of the City of San Bernardino Page 9 Councilmembers expressed concerns regarding parking, neighborhood density, sewer infrastructure, and the impacts of larger ADUs on smaller and older residential lots. While some supported ADUs as a housing option, others opposed increasing the maximum size to 1,200 square feet, citing the Planning Commission’s recommendation and potential neighborhood impacts.

At this time, public comments for this Item were heard.

Emilia Lopez spoke in opposition to increasing the maximum ADU size from 1,000 to 1,200 square feet and expressed concerns that larger ADUs could result in overcrowding on smaller residential lots, reduced privacy and yard space, and increased on-street parking.

Dolores Armstead expressed her opposition increasing the maximum ADU size to 1,200 square feet, citing concerns with overcrowding, neighborhood impacts, and the potential for ADUs to exceed the size of primary residences.

Mayor John Valdivia closed the public hearing at 10:17 p.m.

Councilmember Theodore Sanchez made a motion to approve staff recommendation and seconded by Councilmember Ben Reynoso.

There was a substitute motion to deny the staff recommendation by Councilmember Sandra Ibarra, seconded by Councilmember Fred Shorett, motion passed by a 4-3 vote.

RESULT: DENIED STAFF’S RECOMMENDATION [4-3]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Ibarra, Figueroa, Shorett, Alexander
NOES: Theodore Sanchez, Ben Reynoso, and Kimberly Calvin

8. Development Code Amendment 22-04 (Alcoholic Beverage Sales Locational Restrictions) (All Wards)
Recommendation:

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

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

MC-1592 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 22-04 amending Section

19.06.030(2)(B) Article II Section III(A) (Alcohol Beverage Sales – Locational Restrictions) and Section 19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol Beverage Sales – Permit Application) of the City of San Bernardino Municipal Code (Title 19) to increase the locational restriction from 500 feet to 1,000 feet for new alcoholic beverage sales activities from sensitive land uses; and finding the Ordinance is exempt under the California Environmental Quality Act (Attachment 1) (Attachment 1); and
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2. Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on August 17, 2022.

Mayor John Valdivia opened the public hearing at 10:18 p.m.

Planning Division Manager, Oliver Mujica presented a City Council-directed amendment to increase the required separation for certain off-sale alcohol establishments from 500 to 1,000 feet from schools, parks, churches, and other sensitive uses. Staff noted that the Planning Commission unanimously supported the amendment and clarified that it primarily applied to stores under 10,000 square feet, with specified exceptions for larger stores, restaurants, specialty stores, bars, and lounges.

At this time, public comments for this item were heard.

Jim Penman spoke in support of increasing the separation requirements for certain alcohol-related uses, citing concerns regarding their proximity to schools and parks and their potential association with public safety issues.

Council and staff discussed concerns that the proposed 1,000-foot separation requirement could limit future development, particularly in Downtown and the Historic West Side. Councilmembers requested flexibility for areas governed by specific plans and for neighborhood convenience stores. Staff clarified that restaurants, bars, and lounges were exempt, existing businesses would be grandfathered, and the requirements would apply to new applications for certain off-sale alcohol establishments. Staff also explained that the forthcoming Downtown Specific Plan would establish its own land-use regulations.

Councilmembers further discussed the potential impacts on convenience stores seeking new or upgraded alcohol licenses and questioned whether the additional separation requirement was necessary given the City’s existing conditional use permit process.

Staff confirmed that typical convenience stores would generally fall under the proposed requirements and clarified that transfers, sales, or renovations of existing establishments would not be affected unless a new applicable application was submitted.

Mayor John Valdivia closed the public hearing at 10:30 p.m.

RESULT: INTRODUCED ORDINANCE NO. MC-1592 [5-2]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Ibarra, Figueroa, Reynoso, Calvin, Alexander
NOES: Theodore Sanchez, Fred Shorett
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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.

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM
NOS. 10 and 11 FOR A SEPARATE VOTE [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
Mayor Valdivia pulled Items 10 and 11 and recused himself from consideration of the items due to a conflict of interest.

At this time, Mayor Pro Tem Juan Figueroa commended staff for their work on Items 21 and 23.

9. Amendment No. 1 to Owner Occupied Rehabilitation Program (OORP) Agreement with Neighborhood Partnership Housing Services, Inc. (NPHS) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino approve Amendment No. 1 to the Owner-Occupied Rehabilitation Program (OORP) Agreement with Neighborhood Partnership Housing Services, Inc. (NPHS) RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
At this time, Mayor John Valdivia left the dais during the voting of Items Nos.10 and 11.

10.Final Reading and Adoption of Ordinance MC-1589 - Warmington Homes Medical Center Drive Project
Recommendation:

Adopt Ordinance No. MC-1589 approving Development Code Amendment (Zoning Map Amendment) 21-06 changing the Zoning District Classification of one (1) parcel (APN: 0143-191-59) containing approximately 9.9 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration (Attachment 1).

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Mayor and City Council of the City of San Bernardino Page 12 RESULT: ADOPTED ORDINANCE NO. MC-1589 [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

11. Final Reading and Adoption of Ordinance MC-1588 – Warmington Homes Palm Avenue Project
Recommendation:

Adopt Ordinance No. MC-1588 approving Development Code Amendment (Zoning Map Amendment) 21-07 changing the Zoning District Classification of five (5) parcels (APN: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration (Attachment 1).

RESULT: ADOPTED ORDINANCE NO. MC-1588 [6-1]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander NOES: Fred Shorett

12.Adopt Ordinance No. MC-1583 (Home Occupation Permits) (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1583 adopting Development Code Amendment 22-01 amending Section 19.54.030 (Operating Standards) of the City of San Bernardino Municipal Code (Title 19) to update the standards for home occupations (Attachment 1).

RESULT: ADOPTED ORDINANCE NO. MC-1583 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

13.Approval of Commercial and Payroll Disbursements (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for July 2022.

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Mayor and City Council of the City of San Bernardino Page 13 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

14.Investment Portfolio Report for June 2022 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for June 2022.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

15.Resolutions Authorizing Fiscal Year 2022-23 Special Tax Levies for Previously Formed Community Facilities Districts
Recommendation:

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

1. Adopt Resolution No. 2022-165 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2022-23 to Pay the Annual Cost of Public Safety Services and Administrative Expenses within Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino

2. Adopt Resolution No. 2022-166 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2022-23 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No 2018-2 (Verdemont Ranch);

3. Adopt Resolution No. 2022-167 of the Mayor and City Council of the City of San Bernardino, California Levying Special Taxes to be Collected During Fiscal Year 2022-23 to Pay the Annual Cost of Maintenance Services and Administrative Expenses within Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino;

4. Adopt Resolution No. 2022-168 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2022-23 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino; and
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5. Adopt Resolution No. 2022-169 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2022-23 to pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino.

RESULT: ADOPTED RESOLUTION NOS. 2022-165, 2022-166, 2022-167, 2022-168, 2022-169 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

16. Amendment No. 2 to Agreement with California Computer Options, Inc. (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize Amendment No. 2 to the Professional Service Agreement with California Computer Options Inc., for information technology assistance in the City’s migration to Office 365 and related server and other required upgrades.

17.Purchase of Patrol Vehicle Equipment
Recommendation:

Authorize the Finance Department to issue a purchase order to DuraTech USA for up to $185,000 for the purchase of patrol vehicle equipment.

18.Final Reading and Adoption of Ordinance No. MC-1582 (Ward 3) Recommendation:

Adopt Ordinance No. MC-1582 of the Mayor and City Council of the City of San Bernardino 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, Packet Page. 380
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Mayor and City Council of the City of San Bernardino Page 15 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).

RESULT: ADOPTED ORDINANCE NO. MC-1582 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

19. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 22, Tax Zone No. 23 (1300 E Highland) (Ward 7)
Recommendation:

Adopt Resolution No. 2022-171 of the Mayor and City Council of the City of San Bernardino 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. 22) and authorizing the levy of a special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2022-171 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

20.Establish a “No Parking 6 PM to 6 AM” Parking Restrictions on the Westside of State Route 18 (SR-18) Turnout South of Old Waterman Canyon Road (Ward 4)
Recommendation:

Adopt Resolution No. 2022-172 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 3985 entitled, in Part, “A Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof…” to establish a “No Parking 6PM to 6AM” Parking Restriction on the Westside of State Route 18 (SR-18) Turnout South of OldWaterman Canyon Road.

RESULT: ADOPTED RESOLUTION NO. 2022-172 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

21. Construction Contract Award - Pepper Avenue Street Improvement Project Packet Page. 381
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Mayor and City Council of the City of San Bernardino Page 16 (Ward 3, 6)
Recommendation:

Adopt Resolution No. 2022-173 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the award of a construction contract with Hillcrest Contracting, Inc., in the amount of $5,553,697 for the Pepper Avenue street improvement project; and

2. Authorizing and directing the City Manager to execute the Administrative Settlement Agreement regarding partial purchase of 795 N. Pepper Ave., San Bernardino, California: APN: 014234424; and

3. Authorizing the Agency Director of Administrative Services to issue a check for $14,000 to satisfy the terms of the Administrative Settlement Agreement regarding the partial purchase of 795 N. Pepper Ave., San Bernardino, California; and

4. Authorizing construction, construction contingencies and inspection costs in the total amount of $6,610,000 for the Pepper Avenue street improvement project; and

5. Authorizing the City Manager or designee, to execute all documents for the construction of the Pepper Avenue street improvement project with Hillcrest Contracting, Inc.; and

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

RESULT: ADOPTED RESOLUTION NO. 2022-173 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

22. Agreement with Inland Empire Landscape, Inc. for Landscape Maintenance at City Street Medians, Islands, and LMDs (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 Maintenance Services Agreement with Inland Empire, Inc., for landscape maintenance at all City medians and Landscape Maintenance Districts (LMDs); and

2. Authorize the Agency Director of Administrative Services to appropriate funds in the amount of $1,138,367.98 to the Public Works Operations and Maintenance Division General Fund; and issue a purchase order in the amount of $1,138,367.98 for Fiscal Year 2022/23; and

3. Adopt Resolution No. 2022-175 Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget revenue and expenditure by $241,956 for landscape maintenance at City Street medians, islands, and landscape maintenance districts (LMDs).

Packet Page. 382
Regular Meeting Draft Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 17 RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED
RESOLUTION 2022-175 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

23. Amendment No. 2 to Agreement with Kabbara Engineering for Pepper Avenue Rehabilitation Project (Wards 3, 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute all documents in support of Amendment No. 2 to the Professional Engineering Services Agreement with Kabbara Engineering for design services related to the Pepper Avenue rehabilitation from Baseline Road to Mill Street.

24. Amendment No. 1 to Agreement with RHA Landscape Architects – Planners, Inc. for Nicholson Park Design (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 to the Professional Design Service Agreement with RHA Landscape Architects - Planners, Inc. adding extra design services in the amount of $197,250 and increasing the purchase order to a total amount not-to-exceed $412,545 for the preliminary design of the Nicholson Park.

25. Final Reading and Adoption of Ordinance No. MC-1587 (Ward 7) Recommendation:

Adopt Ordinance No. MC-1587 of the Mayor and City Council of the City of San Bernardino 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 Packet Page. 383
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Mayor and City Council of the City of San Bernardino Page 18 capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

RESULT: ADOPTED ORDINANCE MC-1587 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

26. Final Reading and Adoption of Ordinance MC-1586 – Annexation No. 20 (Ward 7)
Recommendation:

Adopt Ordinance MC-1586 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance 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).

RESULT: ADOPTED ORDINANCE MC-1586 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

27. Resolution Approving Acceptance of Grant Funds From the Clean California Local Grant Program (Ward 1)
Recommendation:

Adopt Resolution No. 2022-174 of the Mayor and City Council of the City of San Bernardino, California, approving acceptance of grant funds from the Clean California Local Grant Program in the amount of $722,727, and authorizing a budget amendment to reflect acceptance of the grant funds, and authorizing the City Manager or designee to expend the funds and complete any contract documents associated with the grant.

Packet Page. 384
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Mayor and City Council of the City of San Bernardino Page 19 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

28. Give the Chief Procurement Officer a dollar authorization of $50,000 and increase City Manager’s signing authority to $100,000 (All Wards) – Council Member Alexander
Council discussed directing staff to review the City’s procurement rules and spending authority to improve efficiency, including consideration of increasing the City Manager’s signing authority. The City Attorney clarified that the Council could modify the direction to staff, and the Council directed staff to return with a report and recommendations regarding procurement procedures and spending authority.

RESULT: APPROVED FOR A FUTURE MEETING [6-1]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Ibarra, Figueroa, Reynoso, Shorett, Calvin, Alexander NOES: Theodore Sanchez

29. Regulation of Short-term Residential Rentals (All Wards) – Council Member Sanchez
There was no discussion on this item.

RESULT: APPROVED FOR A FUTURE MEETING [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, August 03, 2022, at 10:50 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, August 17, 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.

Packet Page. 385
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Mayor and City Council of the City of San Bernardino Page 20 By:___ ______________________
Telicia Lopez, CMC
Packet Page. 386
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 7, 2022
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:36 PM by Mayor John Valdivia on Wednesday, December 7, 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 Absent
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
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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Mayor and City Council of the City of San Bernardino Page 2 5:30 PM

CLOSED SESSION PUBLIC COMMENT
There were no public comments for Closed Session.

CLOSED SESSION

A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a) and (d)(1): a. Kayla G.

Johnson v. City of San Bernardino, et al., San Bernardino Superior Court Case No.

CIVSB2124482
B) PUBLIC EMPLOYEE EVALUATION (Pursuant to Government Code Section 54957 (b) (1)): City Manager
7:00 PM
The Open Session was called to order by Mayor John Valdivia at 7:10 p.m.

INVOCATION AND PLEDGE OF ALLEGIANCE
Chaplain Paul Lujan from Victory Outreach Church gave the invocation and Mayor John Valdivia led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
Mayor John Valdivia announced that the Mayor and City Council, in a vote of 6-0 with Council Member Ben Reynoso absent, reached a mutual agreement with City Manager Robert Field concerning his resignation, effective January 16, 2023. The Mayor thanked Mr. Field for his service to the community.

City Attorney Sonia Carvalho stated there was no additional reportable action from Closed Session.

CITY MANAGER UPDATE
At this time, City Manager Rob Field provided city-wide updates. Highlights included commemoration of the 81st Anniversary of the Attack on Pearl Harbor, a grant for broadband planning, and upcoming holiday events.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Mayor Valdivia read a statement thanking the community as his Mayoral tenure came to an end. Other topics included Council Members attending the National League of Cities conference, Thanksgiving events, and the upcoming Christmas parade.

PRESENTATIONS

1. Citizen of the Month – Joy Anderson – Ward 5 (December 2022) Council Member Alexander presented the certificate to Ms. Anderson on behalf of Council Member Reynoso.

2. Proclamation for San Bernardino’s ‘Miracle on Court Street Day’ Mayor Valdivia and City Manager Field presented the Proclamation to Director of Parks, Recreation, and Community Services Lydie Gutfeld.

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PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Prior to the commencement of Public Comments, Mayor Valdivia announced that due to the high number of comment requests, each speaker would be allowed 1 minute per comment instead of the usual 3 minutes, in accordance with Resolution No. 2018-89.

Richard Miller, co-owner of Resource Environmental, contractor for the demolition of the Carousel Mall, spoke about the testing that his company has completed throughout the mall property to ensure their proposal was accurate and the demolition would be safe.

The following speakers commented in opposition to Item No. 45. They expressed support for the building of an official truck terminal parking area to reduce the number of commercial vehicles parked in neighborhoods:

Luis Ojeda, “A.J.” Shelby
Colvier Bing Bobby Nassir Ms. Barrera
Jose Cortez Victor Cabrillo Esther Olmos
Jose Chia John Huckabee
The following speakers spoke in support of Item No. 5 and the funds being allocated to the Investment Playbook, Homeless Navigation Center, the housing element, and 340 W. 4th St. (formerly American Sports University) residents:

Roy McDowell Alberto Hernandez Brenda Flanigan
Devonna Robertson Gabriela Mendoza Karen Suarez
Kimberly Knaus Venus Trammell Sonya Gray-Hutt
John Shollenberger Rocio Aguayo Desiree Sanchez
Miriam Nieto
Duane P, owner of Forest Demolition company, stated that his business, along with the Griffith Company, bid on the Carousel Mall project. He requested his bid be reconsidered for the project.

Jeanette McKaig stated that she believes the Carousel Mall property redevelopment project was being sabotaged by Council Members.

Lacresha “Lou” Dowdy, president of the Southern California Black Chamber of Commerce Inland Cities East Chapter, announced the upcoming Martin Luther King, Jr.

Parade.

Jocelyn Sanders asked for support for residents of the Dorjil Apartments, which was facing Code Enforcement violations.

Steve Mitchell spoke in support of Item No. 45.

Treasure Ortiz opposed the public comment time limit, the situation at 340 W. 4th St., and the demolition of the Carousel Mall.

Christian Flores asked for support for more affordable housing, the street vendor community, and rent increases throughout the City.

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Mayor and City Council of the City of San Bernardino Page 4 Dolores Armstead asked for an update on the Downtown Redevelopment Project, the Carousel Mall property project, and the truck route study.

Levi Chin asked for the Mayor and City Council’s support for the upcoming Martin Luther King, Jr. Parade.

David Friedman requested that the demolition of the Carousel Mall continue, because the property is a health and safety hazard. He also asked about progress on the 4th Street Alley Mural Grant.

Mr. Monroy (in Spanish with an interpreter) spoke in opposition to enforcement efforts against street vendors. He asked for support and training for small businesses.

Antonio Flores (in Spanish with an interpreter) requested support for vendors receiving permits in a timely manner in order to operate their business legally.

Esmeralda Monroy spoke in support of street vendors.

Hermes Aguilar asked for a 6-month moratorium on citations of street vendors and asked for assistance with obtaining permits.

Jessica Alcazar asked for a 6-month moratorium on citations for street vendors.

Bernard Delagarza commented about the quality of jobs being brought to the city. He stated low-paying jobs contribute to the housing crisis.

Tyler Dierden made a general statement that he supports victims and survivors.

The following comments were heard remotely via Zoom:

Gabriel Jaramillo asked about the closing of the Kendall Drive slope turnout. He questioned why the issue has not been addressed again.

Fanelly Milan commented in support of street vendors, requesting a 6-month moratorium on fines and confiscation of materials.

DISCUSSION

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

It is recommended that the Mayor and City Council of the City of San Bernardino, California, either: Open nominations for a member of the City Council to serve as Mayor Pro Tempore, with an effective date of December 21, 2022, until the second regularly scheduled Mayor and City Council meeting in December 2023; or Postpone the nomination and election of the Mayor Pro Tempore until the next regularly scheduled meeting in January, which is January 18, 2023.

Council Member Alexander made a motion to suspend the election of a Mayor Pro Tem to the next meeting, due to the absence of Council Member Reynoso and a new Mayor taking their seat. The motion was seconded by Council Member Calvin.

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Mayor and City Council of the City of San Bernardino Page 5 Council Member Sanchez stated that the City Council has had an informal process for the last several years of electing Mayor Pro Tem in Ward order. Therefore, he made a motion for 4
th Ward Council Member Shorett to be nominated as Mayor Pro Tem, as the 3rd Ward Council Member’s term was ending. There was a second by Council Member Figueroa.

Council Member Calvin stated that she did not agree with the Ward order selection, and it should be whoever is the best person for the job.

RESULT: APPOINTMENT OF COUNCIL MEMBER SHORETT AS THE 2023 MAYOR PRO TEMPORE [4-2]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett
NOES: Kimberly Calvin, Damon Alexander
ABSENT: Ben Reynoso

4. Presentation on the local and regional economy by Dr. Christopher Thornberg, PhD, Director of the University of California, Riverside School of Business Center for Economic Forecasting and Development (All Wards) Recommendation:

It is recommended that the Mayor and City Council receive and file a presentation on the local and regional economy from Dr. Christopher Thornberg, PhD, Adjunct Professor and Director of the University of California, Riverside (UCR) School of Business Center for Economic Forecasting and Development.

Dr. Thornberg provided a presentation on economic forecasting and the state of the regional and national economy.

RESULT: RECEIVED AND FILED REPORT

5. Fiscal Year 2022/23 1
st Quarter Report (All Wards)
Recommendation:

1. Accept the Fiscal Year 2022/23 1st Quarter Report;

2. Authorize the Agency Director of Administrative Services to Amend the Fiscal Year (FY) 2022/23 Budget as outlined in the FY 2022/23 1st Quarter Report;

3. Adopt Resolution No. 2022-268 of the Mayor and City Council of the City of San Bernardino, California, approving the 1st Quarter General Fund Budget amendments totaling $2,088,110; allocating $1,000,000 of Measure S funds for further development of the Investment Playbook; and allocating $20,150,000 of American Rescue Plan Act Funds for the Housing Initiative and Navigation Center; and Temporary Housing Funds for American Sports University Tenants.

4. Approve the following:
a. Deputy Director of Operations (U) job classification; Packet Page. 391
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Mayor and City Council of the City of San Bernardino Page 6 b. Salary range increases to the following positions: Equipment Mechanic I (Flex), Equipment Mechanic II, Technician, Community Service Officer, Forensics Specialists II, Lead Forensics Specialist, and Forensics Supervisor; c. Amendment of the city-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

There was consensus amongst the Mayor and City Council Members to vote on each item of the recommendation separately.

Director of Finance and Management Services Barbara Whitehorn provided a presentation. Deputy Director of Housing and Homelessness Cassandra Searcy provided information on homeless services. Management Analyst Cory Hodges informed the Mayor and City Council about the Investment Playbook. Public Works Director Daniel Hernandez spoke about Public Works’ budget and future projects.

Council Members deliberated all aspects of staff’s recommendation and made several motions for approval adjustments to the allocated amounts.

RESULT: APPROVED SIX ADDITIONAL PUBLIC WORKS STAFF,

INCLUDING FOUR FULL-TIME MAINTENANCE WORKERS I
(FLEX), ONE LEAD MAINTENANCE WORKER, AND ONE
MAINTENANCE SUPERVISOR [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
RESULT: APPROVED AN ADJUSTMENT TO THE $250,000 IN FUNDING

REQUESTED BY PUBLIC WORKS FOR ENGINEERING,
ALLOCATING $125,000 TO CONSULTANT SERVICES AND
$125,000 TO STAFF TRAINING [4-2]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Calvin, Alexander
NOES: Fred Shorett, Juan Figueroa
ABSENT: Ben Reynoso
RESULT: APPROVED AN ADDITIONAL $4.5 MILLION DOLLARS IN

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR ONGOING

OPERATIONAL COSTS FOR THE HOUSING INITIATIVE AND THE
NAVIGATION CENTER [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
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Mayor and City Council of the City of San Bernardino Page 7 RESULT: APPROVED $1 MILLION DOLLARS OF MEASURE S FUNDS TO

THE IMPLEMENTATION OF THE INVESTMENT PLAYBOOK AND
NERVE CENTER ANNUALLY FOR THE NEXT THREE (3) YEARS,

AND DIRECTING STAFF TO PROVIDE QUARTERLY REPORTS

OF ACCOMPLISHMENTS AND SEMI-ANNUAL WORKSHOPS
FOR THE MAYOR AND CITY COUNCIL AND COMMUNITY [6-0]
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
RESULT: ALLOCATE $59,000 IN COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) FUNDING FOR BUDGET AMENDMENTS FOR
EQUIPMENT AND SERVICES [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
RESULT: ADOPT RESOLUTION NO. 2022-268 APPROVING THE 1ST

QUARTER GENERAL FUND AMENDMENTS TOTALING
$2,394,949 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
There was a 5-minute recess at the conclusion of Item No. 5.

6. Receive and File Update on the Former American Sports University Student Dormitory Located At 340 West 4th Street.

Recommendation
Staff recommends that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the former American Sports University student dormitory located at 340 West 4th Street.

Director of Community and Economic Development Nathan Freeman provided a brief presentation to the Mayor and City Council.

RESULT: RECEIVED AND FILED REPORT
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7. Update on the Citywide Truck Route Study
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the draft Citywide Truck Route Study.

City Planner David Murray and Brian Marchetti from KOA presented the report and draft truck route study. David Murray advised that this was only a preliminary report and was still being worked on.

RESULT: RECEIVED AND FILED REPORT

8. Notice of Intent to Conduct a Public Hearing on December 7, 2022, to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, and Organic Waste Collection, Processing and Disposal Services, Street Sweeping, and Right-of-Way Cleanup Services Recommendation

1. Provide staff direction on their preferred rate structure option (from among Options 1, 2, and 3) in order for staff to finalize and mail the Proposition 218 notice for solid waste service rate increases.

2. Adopt Resolution No. 2022-244 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing on February 15, 2023, to consider adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing and Disposal Services.

There was deliberation amongst the Mayor and City Council about the three options presented in the staff report, as well as discussion about extension of Burrtec’s contract.

Director Hernandez informed the Mayor and City Council that staff recommend adopting Option Two from the staff report as the best option for the City and its residents. Council members Ibarra and Calvin noted their dissent based on the increased rates and contract length with Burrtec.

RESULT: APPROVED STAFF’S RECOMMENDATION (“OPTION 2”) FOR THE BURRTEC RATE STRUCTURE; AND ADOPTED
RESOLUTION NO. 2022-244 [4-2]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Alexander
NOES: Sandra Ibarra, Kimberly Calvin
ABSENT: Ben Reynoso
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Mayor and City Council of the City of San Bernardino Page 9

9. Award Design/Build Contract for the Carousel Mall Demolition (Ward 1) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Determine approval of the Design/Build Contract is statutorily exempt from environmental review pursuant to Sections 15268 and 15269 of the State’s guidelines implementing the California Environmental Quality Act; and

2. Approve an award of a Design/Build Contract with Resource Environmental, Inc. (Resource) in the amount of $7,734,000; and

3. Approve a not to exceed amount of $350,000 to be awarded to an authorized OnCall Consultant for Project Management and Inspection; and

4. Authorize the Agency Director of Administrative Services to amend the FY 2022/24 CIP to include Carousel Mall Demolition Project (“Project”) in the total project cost amount of $8,084,000; and

5. Authorize the City Manager or designee to execute all documents related to the Project; and

6. Approve determination by Building Official that declares the Carousel Mall is dangerous and constitutes an imminent threat to public health and safety per Chapter 15.37 of the San Bernardino Municipal Code.

Public Works Director Daniel Hernandez presented this item. Representatives from Resource Environmental advised that they have completed thorough environmental studies at the property and will be taking appropriate steps to manage and mitigate any hazardous materials. Council Member Calvin noted her dissent based on the contractor crushing materials on-site.

RESULT: APPROVED STAFF’S RECOMMENDATION [5-1]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES: Kimberly Calvin
ABSENT: Ben Reynoso

PUBLIC HEARINGS

10. Belmont Residential Subdivision Project
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

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

MC-1603 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Packet Page. 395
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Mayor and City Council of the City of San Bernardino Page 10 Monitoring and Reporting Program, and approving Development Code Amendment (Zoning Map Amendment) 21-05 changing the Zoning District Classification of a parcel (APN: 0261-151-10) containing approximately 6.10 acres from Residential Low (RL) to Residential Suburban (RS) (Attachment 1);

2. Adopt Resolution No. 2022-245 of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 21-12 (Tentative Tract Map 20421) allowing the subdivision of a parcel (APN: 0261-151-10) containing approximately 6.10 acres into twenty- five (25) single-family residential lots ranging in size from 7,372 to 9,700 square feet located on the southwest corner of W. Belmont Avenue and N. Olive Avenue, pursuant to a Mitigated Negative Declaration (Attachment 2); and

3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on January 18, 2023.

Mayor Valdivia opened the Public Hearing at 12:20 a.m.

There were no public comments on this item.

The Mayor and City Council chose to waive staff’s presentation.

City Clerk Rocha read the title of the Ordinance into the record.

Mayor Valdivia closed the Public Hearing at 12:21 a.m.

RESULT: APPROVED STAFF’S RECOMMENDATION; INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1603; AND ADOPTED
RESOLUTION NO. 2022-245 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

11. Urgency Ordinance – Development Code Amendment 22-07 (SB 897) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Urgency Ordinance No. MC-1604 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 22-07 amending Chapter 19.04 (Residential Zones); Section

19.04.030(2)(P) (Accessory Dwelling Units) of Title 19 (Development Code) of the City of San Bernardino Municipal Code); and finding such action statutorily exempt under the California Environmental Quality Act (Attachment 1).

Mayor Valdivia opened the public hearing at 12:22 a.m.

There were no public comments on this item.

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Mayor and City Council of the City of San Bernardino Page 11 The Mayor and City Council chose to waive staff’s presentation.

City Clerk Rocha read the title of the Ordinance into the record.

Mayor Valdivia closed the Public Hearing at 12:23 a.m.

RESULT: ADOPTED URGENCY ORDINANCE NO. MC-1604 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

12. Adopt New Purchasing Policy And Introduce Ordinance No. Mc-1605 Amending Section 3.04 of The Municipal Code. (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

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

MC-1605 amending Section 3.04 of the Municipal Code of the City of San Bernardino, California, and

2. Adopt Resolution 2022-246 adopting the Purchasing Policy for the City of San Bernardino.

Mayor Valdivia opened the public hearing at 12:24 a.m.

There were no public comments on this item.

Director of Finance and Management Services Barbara Whitehorn provided a brief overview of the policy.

Mayor Valdivia closed the Public Hearing at approximately 12:31 a.m.

Council Member Sanchez requested that the Mayor and City Council receive biweekly reports on director and City Manager approvals for any purchases over $40,000. The Amended Ordinance and Resolution will return to a future meeting for consideration.

RESULT: DIRECTED STAFF TO AMEND THE RESOLUTION AND

ORDINANCE, ADDING A REQUIREMENT OF A BIWEEKLY
REPORTING OF EXPENDITURES OVER $40,000 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
Packet Page. 397
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 12

13. Public Hearing on Annexation No. 25 to Community Facilities District 2019-1 (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2022-247 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 25); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2022-248 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 25); and

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

MC-1606 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay 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); and

6. Schedule the adoption of Ordinance No. MC-1606 for January 18, 2023.

Mayor Valdivia opened the public hearing at 12:32 a.m.

There were no public comments on this item.

The Mayor and City Council chose to waive staff’s presentation.

City Clerk Rocha confirmed that there were no written protests received, and that there were no registered voters within the annexation area.

The public hearing was closed at 12:33 a.m.

RESULT: ADOPTED RESOLUTION NO. 2022-247 [6-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
Packet Page. 398
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 13 City Clerk Rocha announced that all official ballots had been opened and the election was now closed.

RESULT: ADOPTED RESOLUTION NO. 2022-248 [6-0]
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
Mayor Valdivia read the title of the Ordinance into the record.

RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1606 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

14. Public Hearing on Annexation No. 21 to Community Facilities District 2019-1 (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2022-249 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 21); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2022-250 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 21); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1607, of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay 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); and Packet Page. 399
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 14

6. Schedule the adoption of Ordinance No. MC-1607 for January 18, 2023.

Mayor Valdivia opened the public hearing at 12:36 a.m.

There were no public comments on this item.

The Mayor and City Council chose to waive staff’s presentation.

City Clerk Rocha confirmed that there were no written protests received, and that there were no registered voters within the annexation area.

Mayor Valdivia closed the public hearing at 12:37 a.m.

RESULT: ADOPTED RESOLUTION NO. 2022-249 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
City Clerk Rocha announced that all official ballots had been opened and the election was now closed.

RESULT: ADOPTED RESOLUTION NO. 2022-250 [6-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
Mayor Valdivia read the title of the Ordinance into the record.

RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1607 [6-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

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.

Prior to the vote on the Consent Calendar, Council Member Calvin announced that she would recuse herself from Item No. 28 due to a conflict of interest.

Packet Page. 400
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 15 RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 19 FOR A SEPARATE VOTE [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

15. Maddy Act Local Appointments List
Recommendation
Adopt Resolution No. 2022-251 of the Mayor and City Council of the City of San Bernardino, California, approving the Local Appointments List.

RESULT: ADOPTED RESOLUTION NO. 2022-251 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

16. City Board, Commission, and Citizen Advisory Committee Minutes Approved in September/ October/ November 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 September, October, and November 2022.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

17. Memorandum of Understanding Between the City of San Bernardino and San Bernardino City Unified School District for the Youth Council Program (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the Memorandum of Understanding (MOU) between San Bernardino City Unified School District (SBCUSD) and the City of San Bernardino (City) for the Youth Council Program; and

2. Authorize the City Manager, or designee, to execute the MOU between the City and San Bernardino City Unified School District (SBCUSD) for the Youth Council Program with additional authorization, in consultation with the City Attorney’s office, to make amendments and execute said MOU consistent with Packet Page. 401
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 16 Mayor and City Council direction and to ensure appropriate program oversight.

18. Administrative Policies - Clean Fleet, Media Relations, and Communication and Incident Notification to Elected Officials (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the following proposed administrative policies and adopt the resolutions as presented:

1. Clean Fleet Policy (Resolution No. 2022-252)

2. Media Relations Policy (Resolution No. 2022-253)

3. Communication and Incident Notification to Elected Officials Policy (Resolution No. 2022- 254)
RESULT: ADOPTED RESOLUTION NOs. 2022-252, 2022-253, AND 2022-254 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

19. Emergency Rental Assistance Program Update and Obligating ERA 1 Reallocated Funds (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Receive and file an update on the City’s Emergency Rental Assistance Program (“ERAP”), including direct service funds administered by Inland SoCal United Way 211+ (“Inland SoCal 211+”).

2. Adopt Resolution 2022-255, accepting (2) two disbursements of Emergency Rental Assistance 1 (ERA 1) Reallocated Funds received from the U.S.

Department of Treasury (“Treasury”) in the amount totaling $352,383.14, and authorizing the City Manager to execute an amendment to the ERA 1 Professional Services Agreement with Inland SoCal 211+ for the full administration of ERA 1 Reallocated funds ($341,811.65), increasing the total not to exceed amount by $24,666.82, for a new not to exceed amount of $713,814.99 for program administrative expenses by Inland SoCal 211+. All Packet Page. 402
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 17 other ERA 1 Reallocated Funds will be spent on direct payment assistance as required by law.

3. Authorize the Agency Director for Administrative Services to process a budget amendment for revenues and expenditures in the amount of $352,383.14, and increase the ERA 1 program purchase order accordingly, subject to any future ERA 1 Reallocated Funds received from the Treasury.

4. Adopt the Emergency Rental Assistance Subcommittee recommendations to prioritize 1) Utility Debt, and 2) Eviction Prevention Services with any remaining or future disbursements of emergency rental assistance reallocated funds.

Council Member Calvin pulled this item for further questions. She confirmed whether staff were working with local nonprofits, as well as affirming that the Ad-Hoc Committee would be receiving regular updates as far as the amounts being disbursed and remaining. Staff Analyst Cory Hodges affirmed both questions, noting that he would ensure that the administrator Inland SoCal 211+ would provide quarterly updates as previously directed.

RESULT: APPROVED STAFF’S RECOMMENDATION WITH THE

ADDITIONAL REQUEST TO RECEIVE A QUARTERLY REPORT
FROM INLAND SOCAL 211+ TO THE AD-HOC COMMITTEE;
ADOPTED RESOLUTION NO. 2022-255 [6-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

20. First Amendment to Subrecipient Agreement with Asociacíon de Emprendedor@s
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino approve the First Amendment to the Subrecipient Agreement with the Asociacíon de Emprendedor@s to extend the period in which to expend Community Development Block Grant (CDBG) funds to March 31, 2023.

21. Development Code Amendment 22-05
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1601 amending Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update Packet Page. 403
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 18 development standards for Commercial Cannabis Activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code (Attachment 1); and finding that the Amendment is Exempt under the California Environmental Quality Act.

RESULT: ADOPTED ORDINANCE NO. MC-1601 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

22. Approval of Commercial and Payroll Disbursement (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for November 2022.

23. Approving a Contract with Columbia Capital to Provide Financial Services for Community Facility Districts (Wards 3, 4, 6) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a contract with Columbia Capital in an amount not to exceed $55,000 that will be paid by developers and from bond proceeds for financial services related to Community Facility Districts, and authorize the City Manager or his designee to execute the agreement.

24. Accept the Project Safe Neighborhoods Grant (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-243:

1. Authorizing the City Manager to accept the FY 2019 Project Safe Neighborhoods Grant, and
Packet Page. 404
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 19

2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $177,154.51 in both revenue and expenditures.

RESULT: ADOPTED RESOLUTION NO. 2022-243 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

25. Notification to Civilian Governing Body and Local Community for the potential intent to request controlled equipment from the Federal Government (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the proposed “Notification to Civilian Governing Body and Local Community” letter, as required by Presidential Executive Order 14074 governing the potential acquisition of controlled federal government property.

26. Execution of Amendment 2 to Professional Services Agreement to PM Group, DBA The Printery, in the amount of $83,500 for the design, print, and mail preparation of City of San Bernardino Parks, Recreation and Community Services Department trimester brochure for FY 2022-2023 Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2022-256 authorizing the City Manager or his designee to execute Amendment 2 to Professional Services Agreement (PSA) between the City and the PM Group, DBA The Printery (“Printery”), for the design, print, and mail preparation services of the Parks, Recreation and Community Services Department (“PRCSD”) trimester brochure for FY2022-2023.

RESULT: ADOPTED RESOLUTION NO. 2022-256 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
Packet Page. 405
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 20

27. Allocation of $25,000 from the Cultural Development Impact Fund for the repair and maintenance of City-wide memorial plaques and statues for FY 2022-2023
Recommendation
Adopt Resolution No. 2022-257 of the Mayor and City Council of the City of San Bernardino, California: Authorizing the Agency Director of Administrative Services to allocate funds in the amount of $25,000 from the Cultural Development Impact Fund for the repair and maintenance of City-wide memorial plaques and statues for FY 2022-2023.

RESULT: ADOPTED RESOLUTION NO. 2022-257 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

28. Approve the awards for Visual and Performing Arts Grant to winning applications ($72,700) and future grant options for non 501c(3) applicants ($25,300) for $98,000 in total
Recommendation
Adopt Resolution No. 2022-258 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Visual and Performance Art Grant awards to winning applications ($72,700) and future grant options for non 501c(3) applicants ($25,300) for $98,000 in total.

Council Member Calvin recused herself from this item due to her employer being one of the recipients of the grant.

RESULT: ADOPTED RESOLUTION NO. 2022-258 [5-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander
RECUSED: Kimberly Calvin
ABSENT: Ben Reynoso

29. Agreement with Cal Stripe, Inc., for Street Striping and Pavement Marking Services (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 Maintenance Services Agreement with Cal Stripe Inc., for street striping and pavement marking services; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $270,000.

Packet Page. 406
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 21 RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

30. Agreement with Yunex, LLC., for Streetlight Pole Replacement Services Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt resolution No. 2022-259 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $450,000; and

2. Authorize the City Manager to execute a Maintenance Services Agreement with Yunex, LLC., for streetlight pole replacement services; and

3. Authorize the Agency Director of Administrative Services to amend the FY22/23 budget in the amount of $450,000 to the Public Works Operations and Maintenance General Fund; and

4. Authorize the Agency Director of Administrative Services to issue a purchase order to Yunex, LLC., in the amount not to exceed $450,000.

RESULT: APPROVED STAFF’S RECOMMENDATION; ADOPTED
RESOLUTION NO. 2022-259 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

31. Adoption of Ordinance No. MC-1602 (Ward 3)
Recommendation
Adopt Ordinance No. MC-1602 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 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).

Packet Page. 407
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 22 RESULT: ADOPTED ORDINANCE NO. MC-1602 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

32. Approve Final Tract Map No. 20258 (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No 2022-260, approving the Final Map for Tract No. 20258 (Subdivision 18-17) involving the subdivision of a parcel containing approximately 1.06 acres into six (6) single family residential lots for a future planned residential development located at 575 N. Meridian Avenue (APN:
0142-325-04) within the Residential Suburban (RS) Zone; and accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.

RESULT: ADOPTED RESOLUTION NO. 2022-260 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

33. Construction Contract Award – Paul Villasenor and Howard Rowe Libraries Improvements (Wards 1,7)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of a construction contract with US Builders and Consultants of Irvine in the amount of $355,900 for Paul Villasenor and Howard Rowe libraries improvements; and

2. Authorize construction, construction contingency, and inspection costs in the total amount of $401,000 for Paul Villasenor and Howard Rowe libraries improvements; and

3. Authorize the City Manager or designee to execute all documents for Paul Villasenor and Howard Rowe libraries improvements with US Builders and Consultants; and

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

Packet Page. 408
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 23 RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

34. Maintenance Agreement with San Bernardino County Transportation Authority (SBCTA) for Tippecanoe Station Operations and Maintenance Agreement (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approving the Maintenance Agreement with San Bernardino County Transportation Authority (SBCTA) for Tippecanoe Station Operations and Maintenance Agreement. Authorize the City Manager to execute the maintenance agreement.

35. Progressive Design Build - California Theatre Improvements Project (Ward 1) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-261:

1. Approving an award of $4,561,400 to Tilden-Coil Constructors, Inc. for the renovation of the California Theatre Improvement Project in accordance with the executed Progressive Design-Build Contract; and

2. Authorizing the Agency Director of Administrative Services to record a budget amendment in the amount of $2,370,431 from Measure S Fund to increase the purchase order with an amount not to exceed $4,870,431.

RESULT: ADOPTED RESOLUTION NO. 2022-261 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
Packet Page. 409
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 24

36. Construction Contract Award – Old City Hall Building and Regal Theater Air Conditioning Units Replacement (Ward 1)
Recommendation
Adopt Resolution No. 2022-262 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorizing the Agency Director of Administrative Services to amend the FY 2022/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $211,067.14 to the Public Use Facilities Fund for the Old City Hall Building and Regal Theater Air Conditioning Unit Replacement; and

2. Approving the award of a construction contract with Quality Light and Electrical in the amount of $545,161.20 for Old City Hall Building and Regal Theater Air Conditioning Replacement; and

3. Authorizing construction, construction contingencies, and inspection costs in the total amount of $610,000.00 for Old City Hall Building and Regal Theater Air Conditioning Replacement; and

4. Authorizing the City Manager or designee to execute all documents for the construction of Old City Hall Building and Regal Theater Air Conditioning Replacement with Quality Light and Electrical; and Authorizing the City Manager or his designee to expend the contingency fund, if necessary, to complete the project.

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

RESULT: ADOPTED RESOLUTION NO. 2022-262 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

37. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 28, Tax Zone No. 29 (Verdemont Ranch) (Ward 5)
Recommendation
Adopt Resolution No. 2022-263 of the Mayor and City Council 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. 28) and authorizing the levy of a special taxes therein.

Packet Page. 410
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 25 RESULT: ADOPTED RESOLUTION NO. 2022-263 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

38. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 29, Tax Zone No. 30 (Valley View Industrial) (Ward 3)
Recommendation:

Adopt Resolution No. 2022-264 of the Mayor and City Council 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. 29) and authorizing the levy of a special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2022-264 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

39. Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation of a Portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and Reservation of Utilities Therein (Ward 3)
Recommendation:

Adopt Resolution No. 2022-265 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and reservation of utilities therein.

RESULT: ADOPTED RESOLUTION NO. 2022-265 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

40. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 32, Tax Zone No. 33 (SB Travel Center) (Ward 6)
Recommendation:

Adopt Resolution No. 2022-266 of the Mayor and City Council 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. 32) and authorizing the levy of a special taxes therein.

Packet Page. 411
Regular Meeting Draft Minutes December 7, 2022
Mayor and City Council of the City of San Bernardino Page 26 RESULT: ADOPTED RESOLUTION NO. 2022-266 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

41. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 30, Tax Zone No. 31 (Popeyes LL) (Ward 5)
Recommendation:

Adopt Resolution No. 2022-267 of the Mayor and City Council 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. 30) and authorizing the levy of a special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2022-267 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

42. Explore options for increasing both bike and pedestrian lanes of existing roadways in the downtown area as part of the General Plan Update and the Downtown Specific Plan (Wards 1,3) – Council Member Reynoso RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

43. Resolution to realign the California Big City Mayors Coalition to include cities with a minimum population of 220,000 (All Wards) - Council Member Alexander
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso
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44. Urban forestry program that includes a tree-planting program, a review of city rules regarding the preservation of trees on both private property and within the public right of way, and urban greening/foresting events (All Wards) – Council Member Sanchez
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso

45. Moratorium on Truck Terminals/Parking (All Wards) – Council Member Calvin RESULT: MOTION FOR CONSIDERATION AT A FUTURE MEETING -
FAILED [4-2]
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Calvin, Alexander
NOES: Sanchez, Ibarra, Figueroa, Shorett
ABSENT: Ben Reynoso

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Thursday, December 8, 2022, at 12:53 a.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 Wednesday, December 21, 2022, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Open Session will begin at 6:00 p.m.

By:_________________________
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, JULY 15, 2026
3:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 3:31 PM by Mayor Helen Tran on Wednesday, July 15, 2026, 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 Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Mayor Pro Tem, Ward 5 Late 3:33 P.M.

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

Deputy City Attorney Albert Maldonado reported regarding Item A - the City had received a letter from legal counsel representing the developer for the University Hills Specific Plan Amendment regarding anticipated litigation and significant exposure to litigation.

The letter was made available to the public.

Council Member Ortiz announced that she would recuse herself from Closed Session Items B ii.) and B iii.).

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(1): 1 Item
B) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2):
i.) Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No.

GHC0095108
ii.) Notice of Claim, Darren Goodman, dated February 10, 2026. Claim No.

GHC00993811
iii.) Notice of Claim, Jose Loera, dated February 3, 2026, Claim No.

GHC0093814
C) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS (Pursuant to Government Code Section 54957) (Criteria, Timing, Goal Setting, and Other Preliminary Matters) Titles: City Attorney, City Clerk
5:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:10 PM by Mayor Helen Tran on Wednesday, July 15, 2026, at Feldheym Central Library, San Bernardino, CA.

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Mayor and City Council of the City of San Bernardino Page 3 Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Mayor Pro-Tem, 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
Perla Lopez Chief Deputy City Clerk Present

INVOCATION AND PLEDGE OF ALLEGIANCE
Deacon Nelson Glass from Our Lady of the Assumption led the invocation, and Claire Grable led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
Deputy City Attorney Albert Maldonado reported that there was one reportable action from Closed Session. On Item C), the Mayor and City Council, by unanimous vote, appointed Albert Maldonado as the City Attorney following a performance evaluation of the City Attorney’s Office.

PRESENTATIONS

1. Proclamation for Parks and Recreation Month in the City of San Bernardino – July 2026 (All Wards) (All Wards)
The Mayor and City Council presented the proclamation to the City of San Bernardino Parks, Recreation, & Community Services Director, Vanessa Carder, and staff.

APPOINTMENTS
There were no public comments regarding Appointments.

2. Planning Commission Appointment of Mohammed A. Ali (Ward 3) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mohammed A. Ali to the Planning Commission representing Ward 3 with the term ending December 2028.

Mohammed A. Ali will replace Ivan Garcia. Council Staff has verified that appointee is a registered voter within the city.

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Mayor and City Council of the City of San Bernardino Page 4 RESULT: APPROVED PLANNING COMMISSION APPOINTMENT OF
MOHAMMED A. ALI [8-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz, Mayor Tran NOES: None
City Clerk Lopez administered the Oath of Office.

PUBLIC HEARING

3. Quasi-Judicial Public Hearing – Sunshine Motel Red Tag Appeal Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-095 denying the appeal of the Red Tag Closure Notice and Red Tag Correction Notice issued for 570 North H Street, commonly known as Sunshine Motel, and affirming the Building and Safety Division’s determination and orders.

Mayor Tran opened the Quasi-Judicial Public Hearing at 5:26 p.m.

City Clerk Telicia Lopez swore in the speakers.

In accordance with the requirements of a Quasi-Judicial hearing, the appellant and staff were given 15 minutes to speak and a five-minute rebuttal.

Best Best & Krieger Attorney, Denise Hansen, Building Inspector Elias Rebollar, and Building Official Jeremias Arellano presented to the Mayor and City Council. They discussed the appeal of the red tag closure and correction notices issued for the Sunshine Motel located at 570 North H Street. The Building and Safety Division reported that the inspection identified extensive unpermitted electrical work and construction, missing smoke alarms, and blocked emergency exits, creating unsafe conditions. Staff also clarified that the County Fire Department’s annual inspections did not include inspections for unpermitted construction or electrical work.

The Mayor and City Council discussed the distinction between the red tag appeal and the separate motel operator permit revocation process related to alleged prostitution and human trafficking. Staff explained that the search warrant allowed Code Enforcement and Building and Safety staff to inspect the property for code violations and that the red tag appeal before the Council was limited to building and safety issues.

Mayor Tran requested that staff return with an update on the implementation of an ordinance, with a report requested by the second Council meeting in September.

The Mayor and Council also discussed enforcement of the red tag, including restrictions on entering the property, potential penalties for unauthorized entry, and monitoring by Code Enforcement and Building and Safety. Staff reported that an application for the unpermitted office addition had been submitted and was under review.

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Mayor and City Council of the City of San Bernardino Page 5 Attorney Frank Wiser and Property Operator Jamie Bird, representatives of the appellant, presented to the Mayor and City Council. Attorney Wiser argued that the red tag proceedings involved constitutional and due process concerns and questioned whether the City’s inspection was properly conducted. The motel operator testified that he had not received prior code violation notices or been informed that the property posed a safety concern. The property owners’ son stated that they intended to take over the operation, make the necessary corrections, and had already submitted a permit application for the office addition.

There were no public comments.

The Mayor and Council discussed the appellant’s concerns regarding the search warrant and alleged pretextual use of Code Enforcement in conjunction with law enforcement.

Council also questioned the property’s recurring fire and safety violations, including missing or inoperable smoke detectors, electrical conditions, and emergency egress.

The County Fire representative confirmed that the property had received fire-code violations annually since 2022, while noting that previously cited violations had been corrected. Building Official Arellano explained that the red tag was issued due to significant building and safety violations that posed potential life-safety concerns.

Deputy City Attorney Maldonado stated that the search warrant authorized Code Enforcement to inspect for City Code violations and that the administrative inspectionwarrant process under Code of Civil Procedure Section 1822.50 was an alternative procedure.

The public hearing was closed at 7:09 p.m.

RESULT: ADOPTED RESOLUTION NO. 2026-095 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Kim Knaus, Mayor Pro Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
The meeting recessed at 7:14 p.m. and reconvened at 7:28 p.m.

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4. Continuation of a Public Hearing from June 3, 2026 - Introduction of Ordinance No. MC-1666 Amending Various Sections of Title 15 of the San Bernardino Municipal Code Adopting the New (2025) Building Code (All Wards)
Recommendation:

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

1. Hold a Public Hearing; and

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

MC-1666 of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approve use of the new 2025 California Building Code; and

3. Schedule Ordinance No. MC-1666 for Adoption on August 5, 2026.

The public hearing was opened on May 6, 2026, and continued to June 3, 2026, and then continued to July 15, 2026.

Council Member Ortiz made a motion to waive staff’s presentation and approve the item.

The motion was seconded by Council Member Figueroa.

There were no public comments.

Mayor Tran closed the public hearing at 7:29 p.m.

RESULT: INTRODUCED ORDINANCE MC-1666 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
City Clerk Lopez read the title of Ordinance MC-1666 into the record.

5. Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595) University Hills Specific Plan (Ward 5)
Recommendation:

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

1. Adopt Resolution 2026-042 approving Subdivision No. 23-05 (Tentative Tract Map No. 20595) to allow the subdivision of a 404.3-acre site into 327 single-family residential lots; and adopting the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act.

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

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Mayor and City Council of the City of San Bernardino Page 7 MC-1664 of the Mayor and City Council of the City of San Bernardino, California (a) Approving Specific Plan Amendment 23-01, amending the development standards and guidelines of the original development plan and reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan (APNs: 0265-041-12, 0265-051-12 and -13; 0265-061-16; 0265-011-06, -07, and -08; 0265- 051-09; and 0265-021-13) (Attachment 5 and 6); and (b) dissolving Development Agreement No. 08-02 (Attachment 1 and 6).

3. Schedule the adoption of Ordinance No. MC-1664 to the regularly scheduled meeting of the Mayor and City Council on August 5, 2026.

The public hearing was previously closed on June 3, 2026.

Senior Planner Mike Rosales presented to the Mayor and City Council.

Mayor Tran re-opened the public hearing.

There were two (2) public comments.

Luke Berger, President of the Crestline Soaring Society, stated that the Society had provided the requested information and requested a minimum of five homes be removed to address flight safety concerns. He asked the Council to continue or deny the project to allow additional discussions.

Jamie Sheldon, a member of the Crestline Soaring Society, stated that the Society had negotiated in good faith and believed that at least five homes needed to be repositioned to provide a safe flight approach.

Mayor Tran closed the public hearing at 7:41 p.m.

Council Members discussed the proposed development and its potential impact on the Crestline Soaring Society’s hang-gliding operations. The developer remained willing to relocate two lots, while the Soaring Society sought assurances regarding the flight path. City Attorney Maldonado clarified that the City could designate an area for hang gliding through a resolution without amending the existing ordinance.

There was a motion by Council Member Ortiz to amend the tract map by relocating two (2) lots, subject to conditional approval, and to direct staff to draft a resolution regarding flight access. The motion was seconded by Mayor Pro-Tem Knaus.

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Mayor and City Council of the City of San Bernardino Page 8 RESULT: APPROVE AS AMENDED THE TRACT MAP BY RELOCATING
TWO (2) LOTS, WITHIN SUBJECT TO CONDITIONAL APPROVAL,

AND TO DIRECT STAFF TO DRAFT A RESOLUTION REGARDING
FLIGHT ACCESS AND APPROVED ORDINANCE MC-1664 [6-1]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Knaus, Flores, Ortiz
NOES: Fred Shorett
City Clerk Lopez read the title of Ordinance MC-1664 into the record.

6. Public Hearing on Annexation No. 53 to Community Facilities District 2019-1 (Maintenance Services) – EV Realty (Ward 3)
Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2026-096 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 53); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2026-097 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 53); and

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

MC-1667 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2026-2027 to pay annual costs of the maintenance and servicing of lighting, streets, drainage, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance
Services); and

6. Schedule the adoption of Ordinance No. MC-1667 for August 5, 2026.

Mayor Tran opened the public hearing at 8:08 p.m.

There was a consensus among the Council to waive the presentation and approve the item.

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Mayor and City Council of the City of San Bernardino Page 9 There were no public comments.

Mayor Tran closed the public hearing at 8:09 p.m.

RESULT: ADOPTED RESOLUTION NO. 2026-096 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
RESULT: ADOPTED RESOLUTION NO. 2026-097 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
RESULT: INTRODUCED ORDINANCE MC-1667 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
City Clerk Lopez read the title of Ordinance MC-1667 into the record.

7. Public Hearing on Annexation No. 54 to Community Facilities District 2019-1 (Maintenance Services) – Quick Quack Car Wash (Ward 2) (Staff is Requesting to Continue this Item to August 5, 2026)
Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2026-098 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 54); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2026-099 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 54); and
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5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1668 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2026-2027 to pay annual costs of the maintenance and servicing of lighting, streets, drainage, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1668 for August 19, 2026.

City Manager Levitt asked for this Public Hearing to be continued to August 5, 2026.

RESULT: CONTINUE THE PUBLIC HEARING TO AUGUST 5, 2026 [7-0] MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

8. Resolution Approving Street Vacation (15.30-441) of a Portion of an Alley Way South of West Rialto Avenue and West of South Muscott Street, and Reservation of Utilities Therein (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-100 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and reservation of utilities therein.

Mayor Tran opened the public hearing at 8:14 p.m.

There was a consensus among the Council to waive the presentation and approve the item.

There were no public comments.

Mayor Tran closed the public hearing at 8:14 p.m.

RESULT: ADOPTED RESOLUTION NO. 2026-100 [7-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
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9. Public Hearing on Fiscal Year 2026-27 Assessment Levies for Previously Formed Assessment Districts (All Wards)
Recommendation:

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

1. Adopt Resolution No. 2026-101 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2026-27; and

2. Adopt Resolution No. 2026-102 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 2026-27; and

3. Adopt Resolution No. 2026-103 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1054,1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2026-27; and

4. Adopt Resolution No. 2026-104 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2026-27; and

5. Adopt Resolution No. 2026-105 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1025 and 1027 for Fiscal Year 2026-27.

Mayor Tran opened the public hearing at 8:15 p.m.

There was a consensus among the Council to waive the presentation and approve the item.

There were no public comments.

Mayor Tran closed the public hearing at 8:15 p.m.

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Mayor and City Council of the City of San Bernardino Page 12 RESULT: ADOPTED RESOLUTION NOS. 2026-101, 2026-102, 2026-103, 2026-104, AND 2026-105[7-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

10.Public Hearing and Resolution Confirming Assessments for Delinquent Solid Waste Collection Service Charges on the Property Tax Roll for Fiscal Year 2026-27 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-106, Authorizing the Mayor and City Council of the City of San Bernardino, California, to adopt the report proposing to have delinquent solid waste collection service charges collected on the tax roll.

Mayor Tran opened the public hearing at 8:16 p.m.

There was a consensus among the Council to waive the presentation and approve the item.

There was one (1) public comment.

Zhiwei Lin, property owner, disputed charges for green and blue trash bins that were never consistently provided and requested that those fees be removed.

Mayor Tran closed the public hearing at 8:19 p.m.

RESULT: ADOPTED RESOLUTION NO. 2026-106 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

CITY MANAGER UPDATE
City Manager Eric Levitt provided the City Manager Update. Highlights included the grand opening of the Homekey project, the appointment of Luis Portillo as Economic Development Director, and improved fireworks enforcement results during the July 4th holiday. The update also highlighted the completion of the animal shelter expansion and the launch of the second round of the Love Your Block program.

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PUBLIC COMMENTS FOR ITEMS ON THE AGENDA
Tonya Smith criticized government policies contributing to homelessness and urged the City Council to focus on supportive solutions rather than penalizing unhoused residents.

Dominic Gutierrez thanked the Council for funding new safety netting at Shandin Hills Golf Course and asked Council Members to visit the course. He expressed concerns about its declining condition, lack of city events and resources.

Al Palazzo shared his vision for the future of Route 66, Mount Vernon, Fifth Street, and Foothill Boulevard areas, along with historical stories about the community.

Omar Williams endorsed Virginia Marquez for City Council, praising her willingness to work across disagreements and have difficult conversations. He emphasized collaboration, addressing city issues, and revitalizing downtown San Bernardino.

Dolores Armstead thanked Parks and Recreation for its summer programs and praised the Council’s decision on Item 3. She also questioned McDonald’s appeal and when City Hall would reopen.

Mike Hartley criticized the condition of local properties and supported stronger code enforcement, while also expressing support for the proposed McDonald’s development.

Luis Ojeda discussed the length of the public hearing agenda and urged greater consideration for residents’ time. He also supported revitalizing Encanto Park and Shandin Hills Golf Course and expressed support for the proposed McDonald’s.

Yvette Romero, a Ward 1 resident, opposed the proposed McDonald’s, stating that community members had provided data and city planning documents supporting a different vision for the Baseline corridor.

Ruben Mendoza, a Ward 7 resident, opposed the proposed McDonald’s and urged the Council to prioritize responsible land-use decisions. He questioned why the proposal was being reconsidered after previous discussions and emphasized that the community had already participated in the process.

Andy Fuentes urged the Council not to reconsider the McDonald’s appeal, noting that both the community and Planning Commission had opposed the project and that the City already had eight McDonald’s locations.

Victor Gonzalez thanked the Council for considering the tree maintenance contract and highlighted the company’s work and local workforce.

Robert Carrillo opposed reconsideration of the McDonald’s appeal, questioned what had changed since the prior vote. He raised concerns about transparency, community engagement, and public trust.

At this time, the following remote speaker was heard via Zoom:

Sarah praised SB 707 for improving remote access to public meetings, raised concerns about public records delays, and encouraged greater transparency and accessibility.

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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.

Mayor Pro-Tem Knaus recused herself from the consideration of Item No. 15 due to her place of employment having a contract with the Community Action Partnership.

Council Member Flores abstained from voting on Item No. 15 due to a conflict of interest, stating that he serves on the Board of the Community Action Partnership of San Bernardino County.

RESULT: APPROVED THE CONSENT CALENDAR AND ITEM NOS. 12, 20, 32, AND 33 WERE PULLED FOR FURTHER DISCUSSION [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

11. 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. June 30, 2023 Special Meeting Draft Minutes

2. September 6, 2023 Regular Meeting Draft Minutes

3. September 12, 2023 Special Meeting Draft Minutes

4. April 29, 2026 Special Meeting Draft Minutes

5. May 6, 2026 Regular Meeting Draft Minutes

6. May 20, 2026 Regular Meeting Draft Minutes
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

12. Certifying Results of the Primary Municipal Election held on June 2, 2026 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-107 reciting the facts of the Primary Municipal Election held on June 2, 2026, certifying the election results and such other matters as provided by law.

Packet Page. 427
Regular Meeting Draft Minutes July 15, 2026
Mayor and City Council of the City of San Bernardino Page 15 RESULT: ADOPTED RESOLUTION NO. 2026-107 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

13. Amendment No. 1 to the Agreement with the County of San Bernardino for Fire Hazard Abatement Services, consenting to the reassignment of the program’s administration from the Land Use Services Department to the San Bernardino County Fire Protection District and extending the agreement through June 30, 2031. (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 with the County of San Bernardino and San Bernardino County Fire Protection District (SBCFPD) for Fire Hazard Abatement services consenting to the novation and assignment of the agreement to SBCFPD and extending the term of the agreement through June 30, 2031.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

14. Adopt Resolution Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-108, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements.

RESULT: ADOPTED RESOLUTION NO. 2026-108 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Packet Page. 428
Regular Meeting Draft Minutes July 15, 2026
Mayor and City Council of the City of San Bernardino Page 16

15. Amendment No. 2 to the Community Action Partnership of San Bernardino County (CAPSBC) Vendor Services Agreement for the Mobile Shower and Laundry Services Program
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve Amendment No. 2 to the Vendor Services Agreement (VSA) with the Community Action Partnership of San Bernardino County (CAPSBC) for a term extension to December 31, 2026 to continue the Mobile Shower and Laundry Services Program.

RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Ortiz
NOES: None
RECUSED: Kim Knaus and Mario Flores

16. Award Professional Service Agreement Between the City of San Bernardino and Everytable for the Operation of the Emergency Meal Services Assistance – CDBG-CV Program (All Wards)
Recommendation:

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

1. Authorize the City Manager, or designee, to amend (as necessary) and execute the vendor services agreement with Everytable, the highest-ranked proposer selected through the City's competitive Request for Proposals (RFP) process, to provide meal services for individuals and families experiencing homelessness
participating in the City's Emergency Motel Voucher Program.

2. Authorize the use of CDBG-CV funds (set to expire October 2026) to provide meals for clients housed through the City’s Emergency Motel Voucher Program; and

3. Adopt Resolution No. 2026-109 authorizing the Director of Finance and Management Services to amend the FY 2026-27 budget to establish the Emergency Meal Services Assistance Program and appropriate $200,000 in CDBG-CV funds for the program; and

4. Authorize the City Manager, or designee, to take any additional actions and execute any agreements or documents necessary to implement the new agreement and administer the CDBG-CV grant program.

Packet Page. 429
Regular Meeting Draft Minutes July 15, 2026
Mayor and City Council of the City of San Bernardino Page 17 RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED
RESOLUTION NO. 2026-109 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

17. Ratify and Accept the San Bernardino County Fire Protection District Ordinance No. FPD 26-02 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-110, to ratify and accept the San Bernardino County Fire Protection District’s (“District”) Ordinance No. FPD 26-02, which adopts by reference the 2025 Edition of the California Fire Code, along with certain changes, modifications, amendments, additions, deletions, and exceptions to the 2025 Edition of the California Fire Code, relating to fire regulations, and the 2025 Wildland-Urban Interface (WUI) Code.

RESULT: ADOPTED RESOLUTION NO. 2026-110 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

18. Approval of the Municipal Facilities License Agreement (MLA) Between the City of San Bernardino and Verizon Wireless for the Installation of Small Cell Facilities on Municipal Facilities (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-111, Approving the Municipal Facilities License Agreement between the City and Verizon Wireless for the installation of small cell wireless facilities on municipal structures.

RESULT: ADOPTED RESOLUTION NO. 2026-111 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Packet Page. 430
Regular Meeting Draft Minutes July 15, 2026
Mayor and City Council of the City of San Bernardino Page 18

19. Approve the Vendor Award for RFP F-26-1049 Professional Services Agreements for Commercial Real Estate Advisory and Transaction Services in the amount not to exceed $100,000 annually (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-112:

1. Approve the Vendor Award for RFP F-26-1049 Professional Commercial Real Estate Advisory and Transaction Services, and authorize the City Manager, or designee, to execute the On-Call Professional Services Agreement (PSA) with Jones Lang LaSalle Incorporated (JLL) and Kosmont Real Estate Services, dba (Kosmont Realty), in an annual amount not to exceed $100,000 collectively; and

2. Authorizing the City Manager, or designee, at their discretion to execute the On-Call Professional Services Agreement (PSA) one (1) additional oneyear term agreement extensions, with Jones Lang LaSalle Incorporated (JLL) and Kosmont Real Estate Services, dba (Kosmont Realty), in an annual amount not to exceed $100,000 collectively for FY 27/28.

RESULT: ADOPTED RESOLUTION NO. 2026-112 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

20. Reallocation of $200,000 ARPA funds (American Rescue Plan Act) from the Façade Improvement Paintbrush Program to the Entrepreneurial Resource Center (ERC)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-113 authorizing:

1. The reallocation of $200,000 in previously allocated ARPA fund from the Façade Improvement Paintbrush Program to the ERC; and

2. The City Manager, or designee, to sign the agreements, and any subsequent amendments, subject to the review and approval by the City Attorney as to form.

The City Council discussed reallocating $200,000 in ARPA funds from the façade improvement program to the Entrepreneurial Resource Center to avoid forfeiting the funds. Staff clarified that the façade program would remain limited to designated corridors, while the ERC funds would support small-business services.

Packet Page. 431
Regular Meeting Draft Minutes July 15, 2026
Mayor and City Council of the City of San Bernardino Page 19 RESULT: ADOPTED RESOLUTION NO. 2026-113 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

21.Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for April 2026 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll register and purchasing card transactions for April 2026.

22. Fiscal Year 2026-27 Special Tax Levies for Previously Formed Community Facilities Districts (All Wards)
Recommendation:

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

1. Adopt Resolution No. 2026-114 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2026-27 to Pay the Annual Cost of Public Safety Services and Administrative Expenses within Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino; and

2. Adopt Resolution No. 2026-115 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2026-27 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No 2018-2 (Verdemont Ranch) of the City of San Bernardino; and

3. Adopt Resolution No. 2026-116 of the Mayor and City Council of the City of San Bernardino, California Levying Special Taxes to be Collected During Fiscal Year 2026-27 to Pay the Annual Cost of Maintenance Services and Administrative Expenses within Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino; and

4. Adopt Resolution No. 2026-117 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2026-27 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Packet Page. 432
Regular Meeting Draft Minutes July 15, 2026
Mayor and City Council of the City of San Bernardino Page 20 Bernardino; and

5. Adopt Resolution No. 2026-118 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2026-27 to pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino; and

6. Adopt Resolution No. 2026-119 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2026-27 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino.

RESULT: ADOPTED RESOLUTION NOS. 2026-114, 2026-115, 2026-116, 2026-117, 2026-118, AND 2026-119 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

23. Investment Portfolio Report for April 2026 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for April 2026.

24. Resolution Authorizing the Examination of Sales and Use Tax and Transactions and Use Tax Records of the California Department of Tax and Fee Administration (“CDTFA”) and Superseding Prior CDTFA Access Resolutions (All Wards)
Recommendation:

It is recommended that the Mayor and City Council (“Council”) of the City of San Bernardino, California (“City”) adopt Resolution No. 2026-120 authorizing designated City officials, employees, and the City’s sales tax consultant to examine sales and use (“Sales”) tax and transactions and use (“Transactions”) tax records of CDTFA, and superseding prior CDTFA access resolutions Packet Page. 433
Regular Meeting Draft Minutes July 15, 2026
Mayor and City Council of the City of San Bernardino Page 21 RESULT: ADOPTED RESOLUTION NO. 2026-120 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

25. Resolution Authorizing Bank of America as an Approved Banking Institution and Designating Authorized Signatories.

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the attached Resolution No. 2026-121 authorizing Bank of America as an approved banking institution and designating authorized signatories for Bank of America accounts.

RESULT: ADOPTED RESOLUTION NO. 2026-121 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

26. Side Letter Agreements with Bargaining Groups Regarding Sick Leave Accrual Language and Implement 3/12 Police Dispatch Work Schedules.

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-122, authorizing the City Manager to execute side letter agreements with the applicable bargaining groups and the Management/Confidential employee group to restore sick leave accrual language and implement 3/12 work schedules for eligible Police Dispatch operations employees.

RESULT: ADOPTED RESOLUTION NO. 2026-122 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

27.Professional Services Agreement with Universal Protection Service, LP dba Allied Universal Security Services for Prisoner Custody Transport and Booking Services in an Amount Not to Exceed $2,750,000 (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 Professional Services Packet Page. 434
Regular Meeting Draft Minutes July 15, 2026
Mayor and City Council of the City of San Bernardino Page 22 Agreement with Universal Protection Service, LP dba Allied Universal Security Services for prisoner custody transport and booking services, in an amount not to exceed $2,750,000, for a term commencing July 15, 2026 and ending June 30, 2031, subject to annual budget appropriations.

2. Authorize the Director of Finance and Management Services to issue a FY 2026/27 purchase order to Universal Protection Service, LP dba Allied Universal Security Services in an amount not to exceed $511,000.

28.Accept $5,279,592 in Safe Streets and Roads for All (SS4A) Implementation Grant Funds from the Federal Highway Administration and Approve a local match of $1,319,898 in Traffic Safety Funds for the Revitalizing Roady Safety Project (Wards 2,4,5,6,7)
Recommendation:

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

1. Ratify the execution by the City Manager, or designee, of project agreements and certification for the preparation of the Safe Streets and Roads for All (SS4A) Grant; and

2. Ratify acceptance of the Federal Highway Administration Safe Streets and Roads for all (SS4A) grant in the amount of $5,279,592, approve grant matching funds in the amount of $1,319,898 from the Traffic Safety fund; and

3. Adopt Resolution 2026-123 to authorize the Director of Finance and Management Services to amend the FY2026/27 Capital Improvement Plan budget by appropriating $5,279,592 in Safe Streets for All (SS4A) grant funds in both revenues and expenditures, and $1,319,898 from the Traffic Safety Fund to satisfy the City’s grant match requirements.

RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED
RESOLUTION NO. 2026-123 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

29. Amendment No.7 to Cooperative Agreement No. 04-040 with the San Bernardino County Transportation Authority (SBCTA) for the Metrolink Commuter Rail Station and the Santa Fe Depot. (Ward 1) Recommendation:

Packet Page. 435
Regular Meeting Draft Minutes July 15, 2026
Mayor and City Council of the City of San Bernardino Page 23 It is recommended that the Mayor and the City Council of the City of San Bernardino, California adopt Resolution 2026-124:

1. Approving Amendment No. 7 to Cooperative Agreement No.04-040 with the San Bernardino County Transportation Authority (SBCTA) for the San Bernardino Metrolink Commuter Rail Station and the Santa Fe Depot; and;

2. Authorizing the City Manager to execute Amendment No. 7 to Cooperative Agreement No. 04-040 with the SBCTA; and

3. Authorizing the Director of Finance and Management Services to approve a budget amendment in the amount of $206,106.58 to provide sufficient funding for the City's total Fiscal Year 2026/27 obligation of $847,106.58; and

4. Authorizing the Director of Finance and Management Services to issue payment to CityCom Real Estate Services for the annual operating costs and to the San Bernardino County Transportation Authority (SBCTA) in the amount of $74,648.08 for the City's share of insurance premiums.

RESULT: ADOPTED RESOLUTION NO. 2026-124 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

30.Approval of a Four-Year (One-Year Initial Term Plus Three Optional Renewals) Tree Maintenance Services Agreement with West Coast Arborists Utilizing the City of Fontana Cooperative Contract, with an Annual Not-to-Exceed Amount of $1,600,000 and Total Potential Authorization of $6,400,000 (All Wards)
Recommendation:

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

1. Approve a Maintenance Service Agreement with West Coast Arborists, Inc. for Citywide Tree Maintenance Services utilizing the City of Fontana's competitively awarded Tree Maintenance Services Contract No. PW-24-191-SP, for an initial term beginning July 15, 2026, through June 30, 2027, with an annual not-to-exceed amount of $1,600,000 and with three additional one-year extension options at the City's sole discretion, in a total not-to-exceed amount of $6,400,000; and

2. Authorize the City Manager, or designee, to execute the Agreement and any non-substantive amendments necessary to carry out the intent of the Agreement.

Packet Page. 436
Regular Meeting Draft Minutes July 15, 2026
Mayor and City Council of the City of San Bernardino Page 24 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

31. Approve a $500,000 Increase to the Contingency Budget for the Seccombe Lake Park Revitalization Project, Increasing the Total Contingency Budget to $1,592,721.60 and Appropriating AB 1600 Parkland and Open Space Funds. (Ward 2)
Recommendation:

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

1. Approve an increase to the contingency budget for the Seccombe Lake Park Revitalization Project (Project) in the amount of $500,000, increasing the total contingency budget amount to $1,592,721.60; and

2. Adopt Resolution No. 2026-125 authorizing the Director of Finance and Management Services to amend the FY 2026/27 Capital Improvement Plan budget with an additional $500,000 from the AB 1600 Parkland and Open Space Fund for the Project; and

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

RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED
RESOLUTION NO. 2026-125 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
At this time, Mayor Tran asked for a motion to continue the meeting past 9:00 p.m., in accordance with Resolution No. 2024-029. Council Member Ibarra made the motion, and Council Member Ortiz seconded the motion.

RESULT: CONTINUED THE MEETING PAST 9:00 P.M., IN ACCORDANCE WITH RESOLUTION NO. 2024-029 [7-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Packet Page. 437
Regular Meeting Draft Minutes July 15, 2026
Mayor and City Council of the City of San Bernardino Page 25

32. Award an On-Call Professional Services Agreement to Willdan Engineering for On-Call Professional Engineering and Plan Check Services for Land Development in an Amount Not to Exceed $700,000 Annually for a Three (3) Year Term With Two (2) optional One (1) Year Extensions Recommendation:

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

1. Approve the award of On-Call Professional Services Agreement to Willdan Engineering for On-Call Professional Engineering and Plan Check Services for Land Development with an initial three (3) year term with two (2) optional one year extensions and a not to exceed the amount of $700,000 annually and $3,500,000.

2. Authorize the City Manager to execute the On-Call Professional Services Agreement with Willdan Engineering and any related contract documents necessary to implement the Agreement

3. Authorize the Director of Finance and Management Services to issue a Purchase Order to Willdan Engineering for a not to exceed amount of $700,000.

The City Council expressed concerns about Willdan’s performance with a performance review to be brought back to Council before the six-month period ends. Staff were asked to track response times, work product, and developer feedback. Council also discussed conducting a new RFP and emphasized the need for faster plan-checked turnaround and stronger vendor performance expectations.

There was a motion to approve a six-month contract extension with a not-to-exceed amount of $700,000 and direct staff to return to the City Council with a performance assessment report before the end of the six-month period. The report would allow the Council to reconsider the contract after it had gone through a thorough RFP process.

RESULT: APPROVE A SIX-MONTH CONTRACT EXTENSION WITH A NOTTO-EXCEED AMOUNT OF $700,000 AND DIRECTED STAFF TO

RETURN TO THE CITY COUNCIL WITH AN ASSESSMENT REPORT
BEFORE THE END OF THE SIX-MONTH PERIOD. [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
Packet Page. 438
Regular Meeting Draft Minutes July 15, 2026
Mayor and City Council of the City of San Bernardino Page 26

33. Rejecting all bids for RFQ No. F-255-4059 for the installation of SolarPowered Street Lights Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California reject all bids received for RFQ No. F-255-4059 for the installation of solar-powered streetlights and direct staff to re-evaluate the project scope, delivery approach, and funding strategy before any future re-advertisement.

Council Member Ibarra raised concerns about the scope and cost of the proposed solar lighting project, particularly the need for new poles when existing poles could potentially be used. Staff clarified that the project was intended to address areas without street lighting.

Council Member Sanchez made a motion to approve staff’s recommendation and was seconded by Council Member Ortiz.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

DISCUSSION
City Manager Levitt pulled Item No. 35 and moved it to a future meeting.

34. Reconsideration of Item #3 on 6/17/2026 Council Agenda - Appeal 26-09 Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 (McDonald’s) (Ward 2)
Recommendation:

Reconsider Adoption of Resolution No. 2026-069 for the Mayor and City Council of the City of San Bernardino, California, approving Appeal 26-09, thereby overturning the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and allowing the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive-thru restaurant (McDonald’s) on a parcel containing approximately 0.74 acres, located at 116 W. Baseline Street (APN: 0146-223-22, 23, 24, 25 & 26) within the Commercial General (CG-1) and Transit-Overlay District (TOD) zone presented on June 17, 2026 (Item #3).

City Manager Levitt explained that reconsideration would allow the matter to return for a new public hearing, tentatively scheduled for August 19, 2026.

City Attorney Maldonado also explained that the reconsideration request met the required timing and voting conditions under Development Code Section 19.52.140.

Packet Page. 439
Regular Meeting Draft Minutes July 15, 2026
Mayor and City Council of the City of San Bernardino Page 27 RESULT: APPROVED STAFF’S RECOMMENDATION [6-1]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
NOES: Sandra Ibarra

35.Arden Guthrie – Presentations and Developer Selection (Ward 2) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive a report, consider presentations from the development teams on their concept for the future development of the Arden Guthrie property, and provide staff direction regarding the development of the Arden Guthrie Property.

RESULT: NO ACTION TAKEN; PULLED BY STAFF AND MOVED TO A FUTURE MEETING.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included upcoming Parks and Recreation events, the Shandin Hills Golf Course community event, National Night Out, and Starlight Cinema. Mayor Tran welcomed the new Economic Development Director and acknowledged community appreciation regarding recent Council actions.

ADJOURNMENT
The meeting was adjourned in honor of former Mayor Judith Valles and community member Faye Aldridge. The meeting of the Mayor and City Council was adjourned on Wednesday, July 15, 2026, at 9:38 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 August 5, 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.

Telicia Lopez, CMC
City Clerk
Packet Page. 440

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 2, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Request for the Mayor and City Council to direct that the Elected Official Compensation Advisory Commission
meet to Evaluate Options for Adjusting the Salary of the Mayor (All Wards)
Recommendation:

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

1. Direct that the Elected Official Compensation Advisory Commission meet to evaluate options for adjusting the Mayor’s salary, including but not limited to reinstating the Mayor’s salary at an amount equal to fifty percent (50%) of the annual salary of a Superior Court Judge in the County of San Bernardino; and

2. Provide a recommendation by 5:00 PM on September 18, 2026.

City Manager's Comments
This item is to receive City Council approval to provide authority for the Elected Officials Compensation Advisory Commission to meet.

Executive Summary
The City Council has the authority under the San Bernardino City Charter to adjust compensation for elected officials following an analysis and recommendation from the Elected Officials Compensation Advisory Commission. In response to a request from the Mayor’s Office, staff is seeking Council approval to convene the Commission to evaluate the compensation for the Office of the Mayor and provide a recommendation to the Mayor and City Council based on an analysis of compensation for mayors in comparable California cities and whether it is appropriate to reinstate the prior salary that was established for this position under Ordinance MC-1504 where it was equal to fifty percent (50%) of the annual salary of a Superior Court Judge in the County of San Packet Page. 441
Bernardino. Following receipt of the Commission’s recommendation, the Council may also direct staff to conduct a separate classification and compensation study for the position of the Mayor. The Council would then consider the Commission’s recommendation at a public hearing.

Background
The Mayor and City Council established the Elected Official Compensation Advisory Commission on February 21, 2018 (Ordinance MC-1463 establishing Chapter 2.19 in the Municipal Code). The nine-member commission was tasked with serving in an advisory capacity to the Mayor and City Council in making recommendations relating to the compensation of city-elected officials. The commission conducts compensation surveys of city-elected officials in other California charter and/or general law cities, reviews Government Code provisions for compensation of city-elected officials and provides compensation recommendations to the Mayor and City Council pursuant to Section 305 of the City Charter.

On February 2, 2022, the City Council adopted Ordinance MC-1571, which amended Section 2.82.010 of the San Bernardino Municipal Code and adjusted the compensation of the Mayor as follows:
(A) Commencing with the certification of the November 2022 election, the Mayor shall receive the following compensation:
(1) Annual salary of $50,000;
(2) Employer health benefits contribution equivalent to that offered by the city to management employees; and
(3) An auto allowance of $725 per month.
(B) The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the Mayor. The Mayor may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to the Mayor as per day compensation for city business-related travel and further exclusive of any amounts payable to the Mayor for out of town attendance on city-related business.

Prior to Ordinance MC-1571, the compensation of the Mayor was set to equal fifty percent (50%) of the annual salary of a Superior Court Judge in the County of San Bernardino, subject to annual adjustment to be implemented January 1 of each subsequent year (Ordinance MC-1504).

Discussion
As outlined in the City of San Bernardino Charter, the City Council has the authority to adjust the compensation package of elected officials. The San Bernardino City Charter Article III, Section 305 titled “Compensation; Expenses” states:

Packet Page. 442
“Compensation for the Mayor and Council Members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position.

No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office.”
In response to a request by the Mayor’s Office, staff is requesting for the City Council to convene the Elected Officials Compensation Advisory Commission to evaluate options for adjusting the Mayor’s salary. This includes potentially reinstating the prior salary that was established for the position of the Mayor where it was equal to fifty percent (50%) of the annual salary of a Superior Court Judge in the County of San Bernardino. Convening the Commission requires Council approval per Section

2.19.040 of the San Bernardino Municipal Code:
“The Elected Official Compensation Advisory Commission shall hold meetings and shall function pursuant to the provisions of Chapter 2.17 except that the meetings shall be held solely upon request for compensation review by the Mayor and City Council.”
If requested by the Mayor and City Council, the Elected Officials Compensation Advisory Commission will perform the following duties:

1. Conduct a compensation survey of city-elected officials in other California charter and/or general law cities.

2. Review Government Code provisions for compensation of city-elected officials of general law cities.

3. Provide compensation recommendations to the Mayor and City Council pursuant to Section 305 of the City Charter, including but not limited to the compensation structure that was set under Ordinance No. MC-1504.

4. Encourage public participation in the process.

Packet Page. 443

5. Provide a recommendation by 5:00 PM on Friday, September 18, 2026.

Once the Commission provides a recommendation, the City Council may consider whether to, and to what degree, the salary for the position of Mayor should be adjusted by taking the steps noted below.

1. Review and consider the recommendation of the Elected Officials Compensation Advisory Commission when available.

2. If desired, direct staff to conduct a classification and compensation study for the position of Mayor.

3. Give due consideration to the recommendations of the Elected Officials Compensation Advisory Commission, consider any additional study performed at the Council’s request, and consider an ordinance at a public hearing amending San Bernardino Municipal Code section 2.82.010.

Strategic Goals and Priorities
Directing staff to convene a meeting of the elected official compensation commission to evaluate the salary of the Mayor to appropriately reflect the duties of the office aligns with Key Target No. 2: Focused Aligned Leadership and Unified Community.

Fiscal Impact
There is no fiscal impact associated with the Mayor and City Council directing the City Manager to convene the Elected Officials Compensation Advisory Commission. If the Commission provides a recommendation that changes the salary for the position of the Mayor, and Council approves the recommendation, there would a fiscal impact resulting from either an increase or decrease in the compensation for the position of Mayor.

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

2. Provide a recommendation by 5:00 PM on September 18, 2026.

Attachments
Attachment 1 – City Charter Section 305 - Compensation; Expenses Packet Page. 444
Attachment 2 – Municipal Code Chapter 2.19 - Elected Official Compensation Advisory Commission
Attachment 3 – Municipal Code Chapter 2.82 - Mayor and City Council Compensation
Attachment 4 - Ordinance MC-1504 - Establishing Compensation and Benefits for the City-Elected officials
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
CC
Packet Page. 445
SECTION 305. COMPENSATION; EXPENSES.

Compensation for the Mayor and Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for Cityelected officials. Compensation for the Mayor shall be commensurate with that for a full-time position.

Packet Page. 446
CHAPTER 2.19: ELECTED OFFICIAL COMPENSATION ADVISORY

COMMISSION
Section

2.19.010 Purpose

2.19.020 Members - appointment

2.19.030 Duties

2.19.040 Meetings
§ 2.19.010 PURPOSE.

The elected official compensation advisory commission is established to provide the Mayor and Council members with recommendations regarding compensation to be established for city-elected officials on a periodic basis as provided for herein.
(Ord. MC-1352, passed 6-21-2011; Ord. MC-1463, passed 2-21-2018) § 2.19.020 MEMBERS - APPOINTMENT.

The City Elected Official Compensation Advisory Commission shall consist of nine members who shall serve at the pleasure of the Mayor and City Council. Members shall be appointed and serve pursuant to the provisions of Chapter 2.17. (Ord. MC-1352, passed 6-21-2011; Ord. MC-1463, passed 2-21-2018) § 2.19.030 DUTIES.

The Elected Official Compensation Advisory Commission shall:
(A) Serve in an advisory capacity to the Mayor and City Council in making recommendations relating to the compensation of city-elected officials;
(B) Conduct a compensation survey of city-elected officials in other state charter and/or general law cities; (C) Review California Government Code provisions for compensation of city-elected officials of general law cities; (D) Provide compensation recommendations to the Mayor and City Council pursuant to the City Charter, §305; and (E) Encourage public participation in the process.
(Ord. MC-1352, passed 6-21-2011; Ord. MC-1463, passed 2-21-2018) § 2.19.040 MEETINGS.

The Elected Official Compensation Advisory Commission shall hold meetings and shall function pursuant to the provisions of Chapter 2.17 except that the meetings shall be held solely upon request for compensation review by the Mayor and City Council.
(Ord. MC-1352, passed 6-21-2011; Ord. MC-1463, passed 2-21-2018) Packet Page. 447
CHAPTER 2.82: MAYOR AND CITY COUNCIL COMPENSATION
Section

2.82.010 Compensation of Mayor

2.82.020 Compensation of City Council members
§ 2.82.010 COMPENSATION OF MAYOR.
(A) Commencing with the certification of the November 2022 election, the Mayor shall receive the following compensation:
(1) Annual salary of $50,000;
(2) Employer health benefits contribution equivalent to that offered by the city to management employees; and (3) An auto allowance of $725 per month.
(B) The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the Mayor. The Mayor may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to the Mayor as per day compensation for city business-related travel and further exclusive of any amounts payable to the Mayor for out of town attendance on city-related business. (Ord. MC-1504, passed 10-3-2018; Ord. MC-1571, passed 2-2-2022) § 2.82.020 COMPENSATION OF CITY COUNCIL MEMBERS.
(A) Each City Council member shall receive the following compensation:
(1) Annual salary of $37,500;
(2) Employer health benefits contribution equivalent to that offered by the city to management employees; (3) An auto allowance of $725 per month; and
(4) An annual cost of living adjustment equivalent to that offered by the city to management employees. (B) The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the applicable City Council member. Any City Council member may waive all or any portion of her or his own compensation.

The compensation set forth herein is exclusive of any amounts payable to a City Council member as per day compensation for city business-related travel and further exclusive of any amounts payable to a City Council member for out of town attendance on city-related business.
(Ord. MC-1504, passed 10-3-2018; Ord. MC-1595, passed 11-2-2022) Packet Page. 448
ORDINANCE NO. MC 1504

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO, CALIFORNIA, ESTABLISHING COMPENSATION AND BENEFITS

FOR THE CITY -ELECTED OFFICIALS
WHEREAS, Article XI, Section 5 of the California Constitution authorizes the City of San Bernardino, as a charter city, to provide for the compensation of the Mayor and City Council; and
WHEREAS, Mayor and City Council salaries are currently established by Section 24 of the former City Charter; and
WHEREAS, Section 305 of the new City Charter adopted by voters on November 8, 2016 and Municipal Code Chapter 2. 19 require that compensation for elected officials be adopted by ordinance, after public hearing, and considering the recommendations of an advisory commission; and
WHEREAS, on February 21, 2018, the Elected Official Compensation Advisory Commission ( the " Commission") was established by Ordinance No. MC -1463; and WHEREAS, since its establishment, the Commission has met on five occasions to discuss the setting of compensation and benefits for the Mayor and City Council; and WHEREAS, at its July 23, 2018 meeting, after a comprehensive review of data compiled by City staff, the Commission recommended the City Council set the Mayor' s annual salary at its current level of 50% of the salary of a Superior Court Judge in County of San Bernardino and provide for an employer health benefits contribution equivalent to that made available to management employees along with a monthly auto allowance of $725; and WHEREAS, at its August 13, 2018 meeting, the Commission recommended the City Council set each City Council member' s annual salary at $ 14, 000 and provide for an employer health benefits contribution equivalent to that made available to management employees along with a monthly auto allowance of $500; and
WHEREAS, in making these recommendations, the Commission emphasized the importance of compensating elected leaders at levels suitable to attract a diverse talent pool and to provide adequate compensation for this region while serving the City.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

Packet Page. 449
SECTION 2. Chapter 2.82 is hereby added to the City of San Bernardino Municipal Code to read, in its entirety, as follows:

Chapter 2. 82
Mayor and City Council Compensation
Sections:

2. 82.010 Compensation of Mayor

2. 82.020 Compensation of City Council Members

2.82.010 Compensation of Mayor
Commencing January 1, 2019, the Mayor shall receive the following compensation:

A. Annual salary of fifty percent (50%) ofthe salary of a Superior Court Judge in County of San Bernardino, subject to annual adjustment to be implemented January 1 of each subsequent year,
B. Employer health benefits contribution equivalent to that offered by the City to management employees; and
C. An auto allowance of $725 per month.

The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the Mayor. The Mayor may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to the Mayor as per day compensation for City business-related travel and further exclusive of any amounts payable to the Mayor for out oftown attendance on City -related business.

2.82.020 Compensation of City Council Members
Commencing January 1, 2019, each City Council member shall receive the following compensation:

A. Annual salary of $14, 000;
B. Employer health benefits contribution equivalent to that offered by the City to management employees; and
C. An auto allowance of $500 per month.

The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the applicable City Council member. Any City Council member may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to a City Council member as per day compensation for City 2 Packet Page. 450
business- related travel and further exclusive of any amounts payable to a City Council member for out oftown attendance on City -related business."
SECTION 3. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15378(b)( 4), which provides that the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment are not CEQA projects. Here, this Ordinance provides funding to the Mayor and City Council Members and does not involve any commitment to any specific project that may result in a potentially significant impact on the environment. Moreover, this Ordinance is exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision of this Ordinance 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 ordinance are declared to be severable.

SECTION 5. Effective Date. This Ordinance shall become effective thirty ( 30) days after the date of its adoption. Notwithstanding the foregoing, in compliance with Section 305 of the City Charter, the salaries and benefits established herein shall become effective on January 1, 2019.

SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption ofthis ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under section 36933 ofthe Government Code ofthe State of California.
3 Packet Page. 451

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO, CALIFORNIA, ESTABLISHING COMPENSATION AND BENEFITS

FOR THE CITY -ELECTED OFFICIALS
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council ofthe City of San Bernardino at a joint regular meeting thereof, held on the 3d
day
ofOctober 2018, by the following vote, to wit:

Council Members: AYES NAYS ABSTAIN ABSENT

MARQUEZ

BARRIOS

VALDIVIA

SHORETT

NICKEL V

RICHARD X

MULVIHILL
m0X
r
Geo ), eanniganna, CMC y Clerk
The foregoing Ordinance is hereby approved this
3rd
day of October 2018.

Approved as to form:

Gary D. Saenz, City Attorney
By: 4* W4-- . on x
4 R. Carey D;
City of San
Packet Page. 452

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 2, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: Community Development & Housing
Subject: Adopt Resolution Imposing Special Assessment Liens Totaling $123,351.91 to Recover Public Nuisance
Abatement Costs (Wards 1, 2, 5, and 7)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-145 imposing special assessment liens totaling $123,351.91 against the properties identified in Exhibit A to recover unpaid public nuisance abatement costs.

City Manager's Comments
The City Manager recommends approval to adopt the Resolution.

Executive Summary
The City incurred $123,351.91 in costs to abate public nuisances on 15 properties identified in Exhibit A. The responsible property owners were billed for those costs, the applicable protest and payment periods have expired, and the amounts remain unpaid.

San Bernardino Municipal Code Section 8.30.050 authorizes the Mayor and City Council to assess final, unpaid nuisance abatement costs against the affected properties. Approval of the proposed Resolution will establish special assessments totaling $123,351.91 so the City may recover those costs through the County property tax roll.

Background
On October 5, 2015, the Mayor and Common Council adopted Ordinance MC-1418, which repealed San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance MC-1521, which made further revisions to Chapter 8.30. These changes have streamlined the process of abating public nuisances on properties and imposing liens to enable the City to recover costs for abating nuisances.

Packet Page. 453
Discussion
SBMC Section 8.30.050 requires adoption of a Resolution to assess unpaid costs of abatement as liens upon the respective parcels of land as they are shown the last available assessment roll.

All affected property owners identified on the Abatement Assessments list have been notified through regular and certified mail of the respective abatement costs per SBMC

8.30.023. Further, affected property owners were also issued a Notice of Summary Abatement with the option to schedule a hearing per SBMC 8.30.045 and have also been advised of their right to appeal said costs within ten (10) days, or to pay the costs within 45 days of notice per SBMC Section 8.30.030, 8.30.040 and 8.30.041. To date, hearings have not been requested, and the costs are currently outstanding. As such, staff recommends adopting the Resolution to assess the unpaid costs of the nuisance abatements.

The total of outstanding fees for Abatement Assessment, including warrant abatements, emergency abatements and demolitions, is $123,351.91. If property owners come forward to pay their costs prior to the council meeting, their properties will be removed from Attachment 2.

Strategic Targets and Goals
The request to impose liens to recover costs for Code Enforcement abatements aligns with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. Imposing liens to resolve public nuisances would ensure the City receives revenue back into the Community Development & Housing Department and that the City continues to strive towards being clean and attractive.

Fiscal Impact
The City previously incurred $123,351.91 in General Fund costs associated with the nuisance abatements identified in Exhibit A. Approval of the Resolution will establish special assessments totaling $123,351.91 to recover those costs. The action does not result in an immediate cash receipt. General Fund revenue will be recognized as the assessments are collected through the County tax roll or other authorized collection methods. No additional appropriation is requested.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-145, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements.

Attachments
Attachment 1 Resolution No. 2026-145, Imposing Liens to Recover Costs for public nuisance abatements
Attachment 2 Resolution No. 2026-145, Exhibit A
Attachment 3 Ordinance No. MC-1521
Packet Page. 454
Ward:

All Wards
Synopsis of Previous Council Actions:

October 5, 2015 Mayor and City Council adopted Ordinance MC-1418, repealing San Bernardino Municipal Code Chapters 3.68 and

8.27 and amended Chapter 8.30 of San Bernardino Municipal Code regarding Public Nuisance Abatements.

April 18, 2018 Mayor and City Council adopted Resolution No. 2018-106, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance.

August 1, 2018 Mayor and City Council adopted Resolution No. 2018-222, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements.

September 18, 2019 Mayor and City Council adopted Ordinance MC-1521, Amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05,

15.20, and 15.28 of the San Bernardino Municipal Code, and adding Chapter 9.94 of the San Bernardino Municipal Code, related to various Code Enforcement Procedures, including the City’s administrative hearing procedures and appeals procedures.

May 7, 2025 Mayor and City Council adopted Resolution No. 2025-279, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements.

August 20, 2025 Mayor and City Council adopted Resolution No. 2025-355, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements.

CC: Eric Levitt, City Manager
Packet Page. 455
Resolution No. 2026-145
Resolution No. 2026-145
September 2, 2026

Page 1 of 3 ends

RESOLUTION NO. 2026-145

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

IMPOSING LIENS ON CERTAIN REAL PROPERTY

LOCATED WITHIN THE CITY OF SAN BERNARDINO

FOR THE COSTS OF PUBLIC NUISANCE ABATEMENTS
WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the properties described in the Abatement Assessments List, a copy of which is attached hereto and incorporated herein as Exhibit A, in this Resolution; and WHEREAS, notice of the abatement costs were given to the owners of record of said properties, and any timely requested hearing has heretofore been held to hear protests of the costs of said abatement before the Administrative Hearing Officer, who determined the owner of record is responsible for the costs.

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

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Said costs are found to have been incurred by the City pursuant to proceedings under the San Bernardino Municipal Code, and the final statement of costs on file with the City Clerk is hereby confirmed and adopted as special assessments against the properties lists in Exhibit A.

SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino Municipal Code 8.30.050 and shall be collected as a special assessment.

SECTION 4. The City Clerk is hereby directed to file a certified copy of this Resolution, including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of the County of San Bernardino, State of California, directing that each sum be entered as a lien charged against the property as it appears on the current assessment rolls, to be collected at the said time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the City of San Bernardino are collected.

SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Packet Page. 456
Resolution No. 2026-145
Resolution No. 2026-145
September 2, 2026

Page 2 of 3 ends

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. The County of San Bernardino Auditor-Controller/Treasurer/Tax Collector is hereby directed to place the assessments on the Fiscal Year 2026-27 property tax roll along with the ordinary ad valorem property taxes; and
SECTION 8. The City hereby authorizes the total amount of the assessment, which includes applicable County of San Bernardino administrative and processing fees, to be placed on the San Bernardino County Auditor-Controller/Treasurer/Tax Collector annual tax roll and collected in the same manner as ordinary property taxes.

SECTION 9. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of September 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, City Clerk
Approved as to form:

Albert J. Maldonado, City Attorney
Packet Page. 457
Resolution No. 2026-145
Resolution No. 2026-145
September 2, 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. 2026-145, adopted at a regular meeting held on the 2nd day of September 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 September 2026.

Telicia Lopez, CMC, City Clerk
Packet Page. 458
EXHIBIT "A"

ABATEMENT ASSESSMENTS
1227 SIERRA WAY CASTILLO, GUILLERMO 08/28/25 2 $3,421.94 180 WATERMAN AVE NCI WATERMAN AVENUE SB DG LLC 09/24/25 1 $952.72 1673 E HIGHLAND AVE SAWI INC 10/02/25 2 $2,913.60
560 N D ST 560 N D ST LLC 11/7/25, 11/13/25 & 11/14/25 1 $6,194.41 604 W BASELINE ST YASINI, ABDUL N 11/17/2025 & 12/16/2025 2 $6,497.70 1331 KENDALL DR YOUNAN, NAIM & NOFA LIV TR 10/25/25 5 $3,304.48 259 E OLIVE ST ULMER, PRISCILLA R 06/06/25 1 $27,424.20 2436 E 5TH ST LIMA, ERICK 07/08/25 1 $2,462.40
803 BASELINE ST NCI BASELINE STREET SB DG LLC 07/15/25 1 $9,981.25 1387 N SIERRA WAY HIGGINBOTHAM, JOAN M/ MOLDOVAN, HELEN S/ DIDONATO, IRENE M 07/23/25 2 $561.55 1995 W CLEMSON ST PIRRONE, MYRNA C LIVING TR 6-19-09 08/21/25 5 $1,286.41 1454 E HIGHLAND AVE ORAM SB LLC 07/09/24,11/01/24 & 01/08/25 7 $8,313.78 0 EVANS ST DERAS, EFRAIN I 03/26/25 - 04/16/2025 2 $41,913.61 2350 N OSBUN RD #2 CALLAGHAN, DONALD D 10/03/24 2 $900.76 1788 W 5TH ST FIFTH STREET PLAZA LLC 04/05/25, 04/11/25 & 04/16/25 1 $7,223.10 Total: $123,351.91

ADDRESS OWNER DATE ABATED WARD COST
Packet Page. 459
Ordinance No. MC -1521
1 R11RN- _._ LC/1Wf1X&[offF•3 i l

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING CHAPTERS 2. 45, 8.24, 8.30, 8.36, 9.92, 15. 04,

15.05, 15.20, AND 15.28 OF THE SAN BERNARDINO
MUNICIPAL CODE, AND ADDING CHAPTER 9.94 OF

THE SAN BERNARDINO MUNICIPAL CODE, RELATED

TO VARIOUS CODE ENFORCEMENT PROCEDURES,

INCLUDING THE CITY' S ADMINISTRATIVE HEARING

PROCEDURES AND APPEALS PROCEDURES
WHEREAS, the City previously adopted Ordinance No. MC -1474, which established the Building and Accessibility Appeals Board and dissolved the Board of Building Commissioners, as permitted by Health and Safety Code section 19957.5( a); and WHEREAS, this Ordinance amends Chapter 2.45 to dissolve the Building and Accessibility Appeals Board and establish the Building Appeals Board in order to comply with Health and Safety Code section 17920. 5, ease the Board' s membership qualifications, and make reaching a quorum easier; and
WHEREAS, this Ordinance also amends Chapter 2.45 to clarify and elaborate on the procedures for appeals before the Building Appeals Board; and WHEREAS, Ordinance No. MC -1474, when dissolving the Board of Building Commissioners, did not eliminate lateral references to that board elsewhere in the San Bernardino Municipal Code, and
WHEREAS, this Ordinance amends Chapters 8.24, 8. 3 6, 8. 69, 9. 92, 15. 04, 15. 20, 15. 26,

15.27, and 15. 28, in part, to eliminate erroneous references to the defunct Board of Building Commissioners; and
WHEREAS, this Ordinance adds Chapter 9. 94 to the San Bernardino Municipal Code to create a uniform process for the handling of administrative hearings and appeals where such rights are granted in the San Bernardino Municipal Code; and WHEREAS, this Ordinance amends the appeal procedures in Chapters 8. 24, 8. 30, 8. 36,

9.92, 15. 04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code to clarify hearing and appeal procedures and to refer hearings and appeals to the appropriate body, whether that be the Building Appeals Board under Chapter 2.45 or a hearing officer under Chapter 9.94; and WHEREAS, this Ordinance amends the San Bernardino Municipal Code and assigns appeals to be heard by the Building Appeals Board consistent with the right granted under California Building Code section 1. 8. 8. 3; and
WHEREAS, this Ordinance amends the San Bernardino Municipal Code to refer all other hearings and appeals to Chapter 9. 94 of the San Bernardino Municipal Code; and 1 of 32 —
Packet Page. 460
Ordinance No. MC -1521
WHEREAS, this Ordinance amends Section 8.24. 100" of Chapter 8. 24, Solid Waste Collection, Removal, Disposal, Processing and Recycling, to specify the appealable acts of the City Manager and provide for appeals to a hearing officer under new Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 8. 30, Public Nuisances, to clarify the procedures for summary abatement and demolition procedures, including providing notice to property owners, recovery of abatement costs, and procedures for hearings and appeals; and WHEREAS, this Ordinance amends Chapter 8. 36, Abandoned Vehicles, to clarify the notice to be provided before abatement of a vehicle, eliminate the unique hearing procedures therein, and instead provide for appeals to a hearing officer under Chapter 9. 94; and WHEREAS, this Ordinance amends Chapter 9.92, Administrative Citation Process, to authorize the City to collect- delinquent administrative citation fines via any legal means, eliminate collection of delinquent administrative citation fines via liens, and eliminate the second tier of administrative appeal before an appellant may seek judicial review of an administrative citation; and
WHEREAS, this Ordinance amends Chapter 15. 04, Building Codes, to adopt all parts of the California Building Standards Code, to eliminate adoptions of other unnecessary uniform codes, and to eliminate an erroneous reference to an impermissible method to calculate fees for building permits; and
WHEREAS, this Ordinance amends Chapter 15. 05, Property Maintenance Code, to correct a reference to the current edition ofthe International Property Maintenance Code; and WHEREAS, this Ordinance amends Chapter 15.20, Certificate of Occupancy, to provide for appeals to a hearing officer under new Chapter 9. 94; and WHEREAS, this Ordinance amends Chapter 15.28, Dangerous Buildings, which amends the 1997 Uniform Code for the Abatement of Dangerous Buildings adopted by reference in the San Bernardino Municipal Code, to authorize the Code Enforcement Division to exercise the authority granted to the building official, to clarify the authority of the building official to secure buildings ordered vacated, to clarify the right to appeal orders under this code, and to clarify the City' s authority to recover costs of abatements done under this code; and WHEREAS, this Ordinance amends various tables of contents, the numbering of certain sections, section titles, and substantive provisions in order to correct errors, clarify meaning, and as otherwise required according to the foregoing amendments; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
2of32—
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Ordinance No. MC -1521
SECTION 2. Chapter 2.45 of Title 2 ofthe San Bernardino Municipal Code is hereby amended to state in full as follows:
44 Chapter 2.45

BUILDING APPEALS BOARD
Sections:

2.45. 010 Members

2.45.020 Reserved]

2. 45. 030 Duties

2. 45. 040 Review of the Board' s Decision

2.45.050 Oath of Office

2.45.060 Chair - Meetings

2.45.070 Quorum

2.45.080 Hearing Procedures

2.45. 010 Members - Appointment
The Building Appeals Board shall be comprised of the members of the San Bernardino Planning Commission, as defined in Section 2.22.010 of this Code. Members shall be appointed on a basis of knowledge in the applicable building codes, regulations, and ordinances of the City, and must be qualified by training and experience to pass on matters pertaining to building construction.

2.45.020 [ Reserved]

2.45.030 Duties
Pursuant to Section 1. 8. 8 of the California Building Code, the Board shall have the duty to consider appeals of orders, decisions, and determinations of the City of San Bernardino Building Official relating to the building standards of the California Building Standards Code.

The Board is authorized to establish policies and procedures necessary to carry out its duties.

2. 45. 040 Review of the Board' s Decision
The decision of the Board may be appealed to the City Council in accordance with Chapter 2. 64 of this Code. The City Council' s decision on an appeal from the Board' s decision is final and binding. Pursuant to Code of Civil Procedure Section 1094. 5 and 1094. 6, any action to review a decision of the City Council shall be commenced not later than the ninetieth ( 90th) day after the date the City Council' s order is adopted.

2.45.050 Oath of Office
Prior to undertaking his or her duties as a member of the Board, the member shall subscribe and file his or her official oath of office with the City Clerk. 3 of32—
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2.45.060 Chair - Meetings
A. The Chairperson of the Board shall be the Chairperson of the Planning Commission, or his or her designee. The Board shall meet only as required to consider an appeal within its jurisdiction.

B. The Board shall meet at such times and dates, and in such places, as shall be designated by the Chairperson of the Board.

C. Meetings ofthe Board shall be open to the public and shall be governed by the provisions of the Ralph M. Brown Act, Sections 54950. 5, et seq., California Government Code, except as otherwise provided by law.

D. A member shall not hear an appeal in which that member has a personal, professional, or financial interest.

2.45.070 Quorum
Any five members in attendance at any meeting shall constitute a quorum.

2.45.080 Hearing Procedures
A. The Board shall meet upon notice from the chairperson.

B. The appellant, the appellant' s representative, the Building Official, the Building Official' s representative, and any person whose interests are affected shall be given an opportunity to be heard.

C. The Board shall adopt and make available to the public procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

D. A quorum of the Board shall hear an appeal.

E. The Board may modify or reverse the decision of the Building Official by a concurring vote of a majority of its members. The authority of the Board to render a decision is limited to the scope of authority of the Building Official in the first instance. The Board has no authority to waive a requirement ofthe California Building Standards Code.

F. The Board must issue a written decision with findings within a reasonably prompt time after filing ofthe appeal.

SECTION 3. Subdivision H of Section 8. 24. 100 of Chapter 8. 24 of Title 8 of the San Bernardino Municipal Code is hereby amended to state as follows ( omitted provisions not amended represented by ellipses [... ]):

8. 24. 100 Construction and Demolition Debris Recycling Program 4of32—
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H. Appeal.

Any appellant aggrieved by the decision of the City Manager relating to a Security Deposit under Section 8. 24. 100( D) or Section 8.24. 100( E) may appeal the decision to the hearing officer in the manner provided in Chapter 9.94 ofthis Code.

SECTION 4. Various Sections of Chapter 8. 30 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses I...)):
rG
Chapter 8.30

PUBLIC NUISANCES
Sections:
830.010 Purpose

8.30. 015 Definitions

8.30.020 Declaration of nuisances
830.021 Summary/Emergency Abatement

8.30.022 Summary/ Emergency Abatement Post -Abatement Hearing

8.30.023 Method of giving notice

8.30. 025 Determination of nuisance

8. 30.026 Additional Requirements for Demolition of Buildings or Structures 830.030 Appeal

8.30.035 Time limit for compliance

8.30.040 Abatement by City

8.30. 041 Invoice of abatement costs

8.30.042 Recovery of attorneys' fees and report of attorneys' fees 830.043 Treble damages

8.30. 045 Hearing on nuisance abatement costs
830. 050 Council action

8.30.055 Imposition of special assessment lien and notice

8.30.056 Recording of nuisance abatement lien

8.30.060 Collection of costs and attorney' s fees prior to hearing

8.30.065 Alternative remedies

8.30.070 Violation - Penalty

8.30. 015 Definitions
For the purpose of this Chapter the following words and phrases shall have the meanings given herein:
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c) " Administrative Hearing Officer" or " Hearing Officer" shall mean any individual appointed by the City Manager of the City of San Bernardino, or his/ her designee, to hear the appeal under this Chapter..
h) " Code Enforcement Director" shall mean the Chief of Police for the City of San Bernardino, or his or her designee.

8.30.021 Summary/Emergency Abatement
Notwithstanding any other provision of this Chapter with reference to the abatement of public nuisance, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official, or their designees, shall have the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an immediate threat to public health or safety, or an imminent hazard to real or personal property, in their sole discretion. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter. The City is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this chapter.

8.30.022 Summary/ Emergency Abatement Post -Abatement Hearing A. Within 10 business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the City to abate an immediate threat to public health or safety, or imminent hazard to real or personal property, the City must provide the owner and any other responsible person with a " Notice of Summary Abatement." B. The Notice of Summary Abatement shall be served in accordance with Section 8. 30.023 of this Chapter and contain the following information:
1) A brief description of the condition and reasons why it constituted an imminent threat or hazard;
2) A brief description of the law prohibiting or pertaining to the imminent threat or hazard; 3) A brief description of the actions the City took to abate the imminent threat or hazard; and
4) An itemized invoice identifying all nuisance abatement costs related to the summary abatement. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property.

C. The City' s determination that a public nuisance constituted an imminent threat or hazard may be appealed as set forth in Section 8. 30.030. The invoice of abatement costs may be appealed as set forth in Section 8. 30.045. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the City. If the owner or other responsible person fails to make timely, full payment of the abatement costs within 45 days of issuance of the Notice of Summary Abatement or as ordered by the hearing officer after any appeal, the City may then proceed to collect its abatement costs in any manner allowed by law, including as set forth in Section 8. 30.055. 6of32—
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D. Omission of any of the foregoing provisions in a Notice of Summary Abatement, whether in whole or in part, or the failure of an owner or responsible person to receive this document, does not render it defective or render any proceeding or action pursuant to this chapter invalid.

8.30.026 Additional Requirements for Demolition ofBuildings or Structures A. Whenever the Code Enforcement Director, or designee, intends to abate a public nuisance by demolition of a building or structure, the City must comply with the following additional requirements:
1) The Notice to Abate must contain a statement that the City intends to abate the nuisance with City personnel or contractors by demolition of a building or structure ifthe nuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the compliance deadline set forth in the Notice to Abate.
2) The City shall serve the Notice to Abate on all secured lienholders of record with the San Bernardino County Recorder' s Office;
3) Entry onto any real property to abate a public nuisance by demolition of a building or structure must be pursuant to a warrant or other order issued by a court of competent jurisdiction
B. The provisions of this section do not apply in cases involving summary or emergency abatement under Section 8.30.021 ofthis Code.

8.30. 030 Appeal
A. Within ten days from the date of giving notice to abate, the violator may file an appeal to the determination of the nuisance with the City Clerk. Such appeal shall be in writing and shall identify the property subject to the Notice to Abate. The City Clerk shall then cause the matter to be set for hearing before a Hearing Officer contracted by the City to hear such matters.

B. Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than fifteen days from the date when notice of the hearing is given to the appellant and to the Code Enforcement Division.

C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance.

D. At the conclusion of the hearing, the Hearing Officer shall determine whether or not a nuisance exists, and if the Hearing Officer so concludes, he may declare the conditions existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within ten days after the date of posting on the premises a notice of the Hearing Officer's order. The Hearing Officer may amend time to abate the nuisance, ifin his or her opinion, there exists good cause for the amendment of time to abate. Ifthe City is the 7of32—
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prevailing party, the Hearing Officer' s decision shall order the responsible parties to pay the confirmed nuisance abatement costs to the City within 30 calendar days, and shall specify that any confirmed nuisance abatement costs not paid within 30 calendar days shall become a lien and special assessment against the property.

E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer' s decision shall be governed by California Code of Civil Procedure Section 1094. 6 or such section as may be amended from time to time. 830. 035 Time limit for compliance
The violator must abate the nuisance within the period of time set forth in the Notice to Abate, or, in case of an appeal, within ten days from the finding of the Hearing Officer or such longer period as may be determined by the Administrative Hearing Officer.

Unless an emergency situation exists, the violator shall be given at least ten days to abate the nuisance.
830.041 Invoice of abatement costs
A. In accordance with this Chapter, the City shall serve upon each responsible party and each interested party an invoice identifying all nuisance abatement costs related to a nuisance abatement action.

B. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the City. Payment shall be submitted to the City as specified in the invoice. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property.

C. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 8. 30.045. If the cost is not protested within 15 calendar days after service, it shall be deemed final.

8.30.045 Hearing on nuisance abatement costs
A. Any responsible party or interested party to whom an invoice has been issued may, within 15 calendar days from the date ofthe invoice, request a hearing to protest the cost of abatement by filing a written request for a hearing on the abatement costs with the City Clerk. The request for hearing must contain the following information:
1) The requestor' s full legal name;
2) The requestor' s mailing address and telephone number; 3) The amount of nuisance abatement costs disputed;
4) The specific legal and factual grounds for all disputes of the invoice and nuisance abatement costs.

B. The failure of any party to properly and timely request a hearing is a waiver of the right to contest the invoice, a waiver of the right to a hearing, a failure to exhaust administrative 8of32—
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remedies, and a bar to any further challenge to the City' s invoice and nuisance abatement costs.

C. If a hearing is timely and properly requested, the City Clerk shall cause a Hearing to be set before the Hearing Officer. The City shall provide notice of the date, time, and location of the hearing to all parties at least 10 calendar days before the hearing. At the time fixed for the hearing, the Hearing Officer shall hold an informal hearing to consider the invoice and protests or objections raised by the requestor.

D. At the conclusion of the hearing, or within 5 days thereafter, the Hearing Officer shall issue a decision approving, denying, or modifying the amount of the nuisance abatement costs that the City is entitled to recover.

E. The decision of the Hearing Officer shall be in writing and shall be served by mail. The decision of the Hearing Officer on the abatement costs shall be final. If any cost recovery is upheld, even in part, the City shall be the prevailing party. If cost recovery is entirely denied, the requesting parties shall be the prevailing parties.

F. Any appeal of the Hearing Officer' s decision shall be governed by California Code of Civil Procedure Section 1094. 6 or such section as may be amended from time to time.

SECTION 5. Various Sections of Chapter 8. 36 of Title 8 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses [... ]):

Chapter 8.36

ABANDONED VEHICLES
Sections:

8.36. 010 Findings

8.36.020 Definitions

8. 36.030 Applicability

8.36.040 Chapter not exclusive

8.36.050 Administration and enforcement

8.36.060 Rights of franchisee to enter private property

8.36.070 Assessment of administrative costs

8.36.080 Abatement authority

8.36.090 Ten-day notice required

8.36.100 Public hearing

8.36. 110 Hearings to be held before hearing officer

8.36.120 Reserved]

8.36.130 Removal of vehicle to scrapyard

8.36. 140 Notice to Department of Motor Vehicles of removed vehicles

8.36.150 Assessment of charges against land

8.36. 160 Violation - Penalty
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8.36.090 Ten- day notice required
A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be issued. Such ten- day notice of intention to abate shall be mailed by certified mail or registered mail, return receipt requested, to the owner of the land, as shown on the last equalized assessment roll, and to the last registered owner and/ or legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. All notices must identify the vehicle. Notices mailed to the owner of land must advise that failure to comply with the notice may result in abatement by the City, and costs being assessed against the property. All notices must advise that an aggrieved parry may appeal and describe the procedures for filing an appeal.

8. 36. 100 Public hearing
A. The owner of the vehicle or owner of the land that is the subject of a ten- day notice issued under this Chapter may appeal the notice to a hearing officer in the manner provided in Chapter 9.94 of this Code.

B. The appeal must be filed within 10 days following issuance of the ten-day notice. If such a request for hearing is not received by the City within said ten days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

8. 36. 110 Hearings to be held before hearing officer
A. The hearing officer may impose such conditions and take such other action as the hearing officer deems appropriate under the circumstances to cavy out the purpose of this Chapter.

The hearing officer may delay the time for removal of the vehicle or part thereof if, in the hearing officer' s opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and may order the same removed from the property as a public nuisance and disposed of as hereinafter provided, and may determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle if available at the site.

B. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner.

C. The decision of the hearing officer in an appeal under Chapter 9. 94 of this Code is final. 836. 120 [ Reserved]
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SECTION 6. Various Sections of Chapter 9.92 of Title 9 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses [... ]):
64 Chapter 9. 92

ADMINISTRATIVE CITATION PROCESS
Sections:

9.92. 010 Legislative Findings and Statement of Purpose

9.92.020 Administrative Law Officer

9.92.030 Use of Administrative Citation

9. 92. 040 Violation; Authority; Fines

9. 92. 050 Service Procedures

9.92.060 Contents of Citation

9. 92.070 Satisfaction of the Administrative Citation

9. 92. 080 Request for Hearing on an Administrative Citation

9.92.090 Failure to Pay Fines

9.92. 100 Publication and Availability of Rules and Regulations

9.92.110 Representation at Hearings

9.92. 120 Conduct of Hearings

9.92.130 Orders

9. 92. 140 Disposition of Fines

9.92. 150 Punishment of Violations by Imprisonment

9. 92. 160 Administrative Adjudication Procedures Not Exclusive

9.92. 170 Applicability of Administrative Adjudication Procedures

9.92.180 Right to Judicial Review

9.92.190 Severability

9. 92. 090 Failure to Pay Fines
A. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this Chapter on or before the date that fine is due is liable for the payment of any applicable interest charges.

B. The delinquent obligation shall bear interest at a rate of 10 percent per year. Interest shall be calculated on a prorated monthly basis from the date such obligation becomes delinquent to the date it is paid.

C. The City may collect any delinquent administrative citation fines or interest charges by use of all available legal means, including personal collection from the responsible parties.

D. The City also may recover all costs, expenses, and fees, including attorneys' fees, associated with the assessment, enforcement, processing, and collection of the fines associated with the administrative citation in accordance with the provisions of this Code. 11 of32—
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9. 92. 170 Applicability of Administrative Adjudication Procedures A. Notwithstanding any other provision ofthe ordinances ofthe City or this Code, all provisions of this Code or ordinances, may be enforced by instituting an administrative adjudication hearing with the Administrative Law Officer as provided in this article.

B. Notwithstanding any other provision of the ordinances of the City or this Code, any enforcement action, including but not limited to license or permit suspension or revocation, which may be exercised by another department of the City may also be exercised by the Administrative Law Officer as provided in this article.

9. 92. 180 Right to Judicial Review
Any decision of the Administrative Law Officer is final, subject to judicial review.

Within 20 days after service ofthe decision ofthe Administrative Law Officer upon the party to the administrative adjudication hearing, that person may seek judicial review of the decision by filing an appeal with the Superior Court of the State of California, in the County of San Bernardino, in accordance with California Government Code section 53069. 4. The appealing party must serve upon the City Clerk, either in person or by first-class mail, a copy of the notice of appeal. If the appealing party fails to timely file a notice of appeal, the hearing officer' s decision is deemed confirmed."
SECTION 7. Chapter 9.94 of Title 9 of the San Bernardino Municipal Code is hereby added to state in full as follows:
rc
Sections:

9. 94.010

9.94.020

9.94.030

9.94. 040

9.94.050

9.94. 060

9.94.070

9. 94. 080

9.94.090

9. 94. 100

9.94.110

9.94.120

9. 94. 130

9.94. 140
Chapter 9. 94

ADMINISTRATIVE HEARINGS AND APPEALS
Definitions
Purpose and Intent
Scope
Hearing Officer— Selection and Qualifications
Powers and Duties of Hearing Officer
Right to Appeal; Consequence of an Untimely or Incomplete Appeal Administrative Hearings—Notice Procedures
Administrative Hearings—Conduct of Hearing
Decision of the Hearing Officer
Methods of Service
Costs
Judicial Review
Limitation on Jurisdiction
Severability
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9. 94. 010 Definitions
The following definitions apply in the interpretation and enforcement of this Chapter.

A. " Action" means an act or decision by an administrative officer or administrative agency for which a right to appeal under the provisions ofthis Chapter is granted in this Code.

B. " Administrative agency" means an organ of the city government other than the City Council which under the direction of the City Manager has responsibility for carrying out or enforcing the rules, regulations, and ordinances of the city, but not including boards and commissions of the city.

C. " Administrative officer" means an officer of the city who is not a member ofthe legislative body or appointed boards or commissions. Such officers include but are not limited to the City Manager, chief of police, fire chief, director of planning and building, director of transportation, director of public works, or similar officer.

D. " Aggrieved person" means any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from.

E. " Appellant" means any aggrieved person who files an appeal.

F. " Code" means the San Bernardino Municipal Code.

G. " Hearing officer" means any person duly qualified and authorized by this Chapter to hear and review appeals under this Chapter.

H. " Respondent" means the administrative officer or agency which took the action appealed from, and any other administrative officer or agency named as respondent in an appeal.

9.94.020 Purpose
It is the purpose and intent of the City Council to afford due process of law to any person who is directly affected by an action or decision of an administrative agency or officer. These procedures are also intended to establish a forum to efficiently and fairly resolve administrative appeals.

9.94.030 Scope
The hearing officer hears appeals from actions taken by an administrative officer or administrative agency when a right to appeal under the provisions of this Chapter is granted in this Code. Except where this Code prescribes another procedure, the rules and procedures pertaining to appeals are as stated herein. The rules and procedures pertaining to appeals under this Chapter may be supplemented or modified as stated in the chapter that grants a right to appeal under these provisions. The hearing officer has no authority to hear appeals of any action taken by the City Council or any other board or commission of the City. 13 of 32—
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9.94. 040 Hearing Officer— Selection and Qualifications A. The City Manager must establish procedures for the selection of a qualified person to serve as hearing officer for each matter appealed under this Chapter. Hearing officers must be selected in a manner that avoids the potential for pecuniary or other bias.

B. For purposes of this section, " qualified person" includes an individual with a background in the practice of law or with a background in local governance, that is particularly experienced or knowledgeable about the subject matter at issue, or that is otherwise deemed qualified by the City Manager.

9.94. 050 Powers and Duties of Hearing Officer
A. As provided by Section 9. 94.030, the hearing officer hears all appeals in accordance with the procedures contained in this Chapter or as supplemented or modified in the chapter granting a right to appeal hereunder.

B. The hearing officer is authorized to issue decisions and take all actions necessary and proper to carry out the functions of the hearing officer in this Chapter, including:
1) Hold conferences for settlement or simplification ofthe issues; 2) Administer oaths and affirmations;
3) Hear testimony;
4) Rule upon motions, objections, and the admissibility of evidence; 5) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
6) Regulate the course of the hearing in accordance with this Chapter or other applicable law; and
7) Issue a final order which includes findings of fact and conclusions of law.

C. The hearing officer may request information, services, facilities, or any other assistance for the purpose of furthering the objectives ofthis Chapter.

D. At the hearing, the hearing officer must hear and consider the testimony of the appellant, respondent, and their witnesses, as well as any documentary evidence presented by these persons.

E. The hearing officer must ensure that parties receive a fair hearing and are afforded due process in accordance with the applicable State and federal law governing such hearings. 14of32—
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9. 94. 060 Right to Appeal; Consequence of an Untimely or Incomplete Appeal Except where this Code prescribes another procedure, the following hearing request procedures apply to appeals under this Chapter.

A. Any aggrieved person may contest an action taken by an administrative officer ofthe City, as provided in Section 9.94. 030, by filing a written notice of appeal with the City Clerk within 15 calendar days. No fee shall be due for the filing of an appeal. The notice of appeal must also include payment to the City Clerk of the appeal fee, as established or amended from time to time by resolution ofthe City Council.

B. The notice required by Subsection (A) must be filed no later than 15 days following the date ofmailing to appellant ofnotice ofthe action from which the appeal is taken or, ifthere is no such mailing or none is required, no later than 15 days following the date of the action that is the subject of the appeal.

C. A written notice of appeal must contain the following information:
1) The full name, mailing address, e-mail address, and telephone number of each appellant who is appealing the action;
2) A description of the specific action or decision being appealed, including the date of the action;
3) The grounds for appeal in sufficient detail to enable the hearing officer to understand the nature ofthe controversy; and
4) The signature of an appellant.

D. If the City Clerk does not receive a timely notice of appeal, if the notice of appeal is incomplete, or ifthe notice of appeal does not comply with all of the requirements set forth in this section, the right to appeal the action is waived. In this event, the action is final and binding. A failure to file a timely or proper notice of appeal also constitutes a failure to exhaust administrative remedies.

9.94.070 Administrative Hearings—Notice Procedures
Except where this Code prescribes another procedure, the following hearing notice procedures apply to appeals under this Chapter:

A. No hearing before a hearing officer under this Chapter may be scheduled or held unless a timely and proper notice of appeal has been submitted to the City Clerk as set forth in Section 9. 94. 060.

B. The City Clerk must schedule the hearing no sooner than 15 days and no later than 60 days from receipt ofthe notice of appeal, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action ofthe hearing officer. 15 of 32 –
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C. The City Clerk must provide a copy of the appeal to the respondent within five days after filing.

D. The City Clerk must notify the appellant, respondent, and City Attorney in writing of the date, time, and location ofthe hearing at least 15 days before the date ofthe hearing.

E. Failure to receive notice of the time and place of the hearing shall not dismiss any violation at issue or invalidate any action of the hearing officer, ifthe notice was given in the manner stated in Subsection (D) ofthis Section.

F. The notice of hearing may be served by any of the methods of service listed in Section

9.94. 100 of this Chapter.

G. Unless the notice of appeal names some other respondent, the administrative officer or administrative agency that took the action or made the decision being appealed is designated the " respondent."

9. 94. 080 Administrative Hearings— Conduct of Hearing
A. Participation. The hearing officer must be present at all times to preside over the hearing.

All hearings are open to the public. The respondent, or another City representative, is required to participate in the hearing. The appellant is required to participate in the hearing.

B. Evidence, Witnesses, and Discovery. All parties have the right to present evidence and cross-examine witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be excluded. Oral evidence may be taken only on oath or affirmation. The appellant and respondent may represent themselves or be represented by anyone oftheir choice.

C. Cross -Examination. No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the hearing officer. Each party may cross- examine witnesses.

D. Interpretation and Recordation. The appellant may bring an interpreter to the hearing at his or her sole expense. The City may, at its discretion, record the hearing by stenographer, court reporter, audio recording, or video recording.

E. Subpoenas. In any hearing conducted by the hearing officer, he or she has the power to compel the attendance of witnesses for the production of evidence by subpoenas issued under the authority of the City Council and attested by the City Clerk. Subpoenas may also be issued at the request ofthe parties prior to the commencement of such hearing. No subpoena may be issued for any reason without the concurrence of the City Attorney that there is good cause for such subpoena to be issued, and such subpoena is approved by the City Council. It is the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such a subpoena subjects the person to prosecution in the same manner set forth by law for failure to appear before the City Council in response to a subpoena issued by the City Council.
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F. Proof. The standard of proof applicable to the hearing and to be used by the hearing officer in deciding the issue on appeal is proof by a preponderance of the evidence. The respondent bears the burden of proof at the hearing. The hearing officer determines relevancy, weight, and credibility of testimony and evidence.

G. Continuances. The hearing officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties.

H. Failure of Appellant to Appear. Ifthe appellant fails to appear at the hearing, the hearing officer may cancel the hearing and send a notice thereof to the appellant to the address stated on the appeal form. A cancellation of a hearing due to non-appearance of the appellant waives the right to appeal and is failure to exhaust all administrative remedies, provided that proper notice of the hearing as required by this Chapter has been provided. In such instances, the action is final and binding.

9.94.090 Decision of the Hearing Officer
A. The hearing officer must render his or her decision in accordance with the provisions of this Chapter, applicable law, and all ordinances ofthis City.

B. The hearing officer' s decision must be in writing and must set forth the hearing officer' s findings of fact and conclusions oflaw.

C. The hearing officer must render a decision within 15 days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidate any action ofthe hearing officer.

D. The hearing officer' s decision must be served on all parties in accordance with Section

9. 94. 100. Failure of a person to receive a properly -served decision does not affect the finality or effectiveness of the decision.

E. The hearing officer' s decision is the final administrative decision of the City regarding the action that is the subject of the appeal. The hearing officer' s decision is effective on the date of service ofthe decision. The decision must contain the following statement: " The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094. 6 et seq.

9.94. 100 Methods of Service
A. Except where this Code prescribes another procedure, any notice or document required to be served under this Chapter must be served by personal service or first-class mail.

B. Service is deemed effective on the date it is personally delivered or mailed. 17of32—
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C. Failure of any person to receive a document properly served under this Chapter does not affect the validity of the notice or document, service, or any action or proceeding under this Chapter.

9.94. 110 Costs
Nothing herein limits the City' s ability to seek recovery of its costs or fees incurred in connection with the hearing if authorized by law. The City shall keep an accounting of the hearing costs. If any portion ofthe action is upheld, even in part, the City is the prevailing party.

9. 94. 120 Judicial Review
The decision of the hearing officer is not subject to appeal to the City Council or any board or commission of the City. Once the hearing officer' s decision becomes final as provided in this Chapter, the appellant must both bring judicial action to contest such decision and provide the City with a notice of the action within 90 days after the date of such decision of the hearing officer, in accordance with the Code of Civil Procedure section 1094.6. Failure to do so means all objections to the hearing officer' s decision are waived.

9.94. 130 Limitation on Jurisdiction
The hearing officer shall not consider appeals of orders, decisions, and determinations of the City of San Bernardino Building Official relating to the building standards of the California Building Standards Code, which must be considered by the Building Appeals Board pursuant to Section 2. 45. 030 of this Code.

9.94. 140 Severability
The provisions ofthis Chapter are severable, and, if any sentence, section or other part of this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect." SECTION 8. Various Sections of Chapter 15. 04 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses [...]):

Chapter 15.04

BUILDING CODES
Sections:

15. 04. 010 Citation

15.04.020 Adoption of Codes by Reference

15. 04. 030 Applicability

15.04.040 Definitions

15.04. 050 CBC Chapter 1, Section 105. 5. 1 is added - Prima Facie Evidence of Abandoned Work
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15. 04. 060 CBC Chapter 1, Section 112. 1. 1 is added- Board of Appeals Designated

15.04.070 CBC Chapter 1, Section 105. 2, Item 2 is Amended Fences Not Requiring a Building Permit

15.04. 080 [ Reserved]

15.04.090 CBC Section 2204.1. 1 is added- Qualification of Welding Operators.

15.04. 100 CBC Section 3109. 1. 1 is added- Barriers for Swimming Pools

15. 04. 110 CBC Appendix J, Section J101 . 3 is added - Alquist- Priolo Earthquake Fault Zones

15.04. 120 CBC Appendix J, Section J101. 4 is added - Enforcement Authority

15.04. 130 On- site Improvement Permit

15. 04. 140 Preparation of Grading Plans

15. 04. 150 On -Site Improvement Plans and Specifications

15.04. 160 Information on On -Site Improvement Plans

15.04.170 On-site Improvement Plan Review and Permit Fees

15. 04. 180 Inspection of On -Site Improvements

15.04.190 Bonds Required

15.04.200 CBC Appendix J, Section J110. 1 is added- Planting of Slopes

15.04.210 CBC Appendix J, Section J112 is added- Grading Operations

15.04.220 CBC Appendix J, Section J110. 3 is added- Final Repots

15.04.230 Driveway Configurations

15.04.240 Location of Slopes

15.04.250 Automatic Fire Sprinkler Systems- Residential Additions

15. 04. 260 Stop Work Order

15. 04. 020 Adoption of Codes by Reference
A. Adoption ofthe California Building Standards Code by Reference Those certain rules and regulations as set forth in the following codes are hereby adopted and by this reference are made a part of this Code with the force and effect as though set out herein in full, with the exception ofthose parts expressly excepted and deleted or as amended by this Code, as the regulations governing the erection, construction, alteration, change of occupancy, repair, removal, and maintenance of all buildings and other structures in the City:

The 2016 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, incorporating those state adopted model codes listed pursuant to Health and Safety Code Section 17922, and all state adopted amendments thereon, and incorporating:

A. California Building Code ( CBC), 2016 edition, and Appendix J thereto; B. California Electrical Code (CEC), 2016 edition;
C. California Mechanical Code ( CMC), 2016 edition;
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D. California Plumbing Code ( CPC), 2016 edition;
E. California Green Building Standards Code (CGBSC), 2016 edition; and F. California Residential Code ( CRC), 2016 edition;
G. California Energy Code, 2016 edition;
H. California Historical Building Code, 2016 edition;
I. California Fire Code, 2016 edition;
J. California Existing Building Code, 2016 edition.

B. Adoption of Other Codes by Reference
In addition to the California Building Standards Codes, those certain rules and regulations, as set forth in the following codes, and appendices are hereby adopted by reference and shall regulate the erection, construction, change of occupancy, alteration, repair, removal and maintenance of all buildings and other structures in the City:

1. Uniform Code for the Abatement of Dangerous Buildings ( UCADB), 1997 edition;

2. International Property Maintenance Code ( IPMC), 2015 edition C. Copies of all Codes listed above shall be on file in the Community Development Department Office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy.

15. 04.030 Applicability
It shall be unlawful to erect, construct, change the occupancy, alter, repair, rehabilitate, remove, move or maintain any building or structure, or grade or alter any land, in the City in violation of, or without complying with the appropriate provisions of this Chapter.

The California Building Standards Code shall govern and prevail in the event of any inconsistency or conflict between the building standards within the California Building Standards Code, as adopted and amended by the City, and the building standards in any other code.

15. 04. 050 CBC Chapter 1, Section 105. 5. 1 is added - Prima Facie Evidence of Abandoned Work
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Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 365 day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired.

15.04.060 CBC Chapter 1, Section 113. 1. 1 is added Board of Appeals Designated Section 113. 1. 1 Board ofAppeals Designated

1. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the building standards of this code, the Building Appeals Board of the City of San Bernardino, established under Chapter 2. 45 of this Code, shall serve as the Board of Appeals. The Building Appeals Board has such duties as are delegated to it by the California Building Standards Code and Chapter 2.45 of the San Bernardino Municipal Code.

15. 04. 070 CBC Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a Building Permit

2. Fences not over 6 feet high, except concrete and masonry fences greater than three ( 3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver ofthe design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards.

15.04.080 [ Reserved]

15.04.120 CBC Appendix J, Section J101A is added - Enforcement Authority J101. 4 Enforcement Authority. The Building Official of the City of San Bernardino or his/ her designee shall have the authority for the enforcement of CBC Appendix J and any amendments thereto.

SECTION 9. Chapter 15.05 of Title 15 ofthe San Bernardino Municipal Code is hereby amended to state in full as follows:

Chapter 15.05

PROPERTY MAINTENANCE CODE
Sections:

15. 05. 010 Citation of Sections
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15. 05. 020 Section 102. 3 amended

15. 05. 030 Section 103. 1 amended

15. 05. 040 Section 104.3 amended

15. 05. 050 Section 106.4 amended

15.05.060 Section 107. 1 amended

15. 05. 070 Section 111 amended

15.05.080 Section 112A amended

15. 05. 090 Section 201.3 amended

15. 05. 100 Section 302. 4 amended

15.05. 110 Section 302. 9 amended

15.05. 120 Section 304. 3 amended

15. 05. 130 Section 304. 14 amended

15.05.140 Section 304. 18 amended

15.05. 150 Section 307 amended

15.05. 160 Section 401.3 amended

15.05. 170 Section 502. 5 amended

15. 05. 180 Section 505. 1 amended

15.05. 190 Section 602.2 amended

15.05.200 Section 602.3 amended

15.05.210 Section 602. 4 amended

15.05.220 Section 604.2 amended

15. 05. 230 Section 604.3. 1. 1 amended

15. 05.240 Section 604.3.2. 1 amended

15. 05.250 Section 702. 1 amended

15. 05. 260 Section 702.2 amended

15.05.270 Section 702. 3 amended

15.05.280 Section 704. 1 amended

15. 05. 290 Section 704.2 amended

15.05.010 Citation of Sections
The provisions ofthis chapter amend the International Property Maintenance Code, 2015 Edition, published by the International Code Conference, as adopted by reference by the City in Chapter 15. 04 of this Code.

15. 05. 020 Section 102. 3 amended
International Properly Maintenance Code Section 102. 3 is amended to read as follows:
102. 3 " Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Administrative Code, California Building Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, and California Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision ofthe San Bernardino Municipal Code." 22of32—
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15.05.030 Section 103. 1 amended
International Property Maintenance Code Section 103. 1 is amended to read as follows:
103. 1 " The Chief of Police or the Director of Community Development or their authorized representatives shall be known as the code official as referenced in the International Property Maintenance Code."

15.05.040 Section 104.3 amended
International Property Maintenance Code Section 104. 3 is amended to add the following phrase to the end of the last sentence: " including the warrant provisions of Section 1822.50 et seq. ofthe Code ofCivil Procedure ofthe State of California."

15.05. 050 Section 106A amended
International Property Maintenance Code Section 106. 4 is amended to read as follows:
106.4 " Violation penalties. Any person violating any of the provisions of this title, including, but not limited to, adopted model codes, as amended in this title, shall be subject to the penalty provisions of Chapters 1. 12, 9. 92 and 9. 93 of the San Bernardino Municipal Code."

15.05.060 Section 107. 1 amended
International Property Maintenance Code Section 107. 1 is amended to read as follows:
107. 1 " Notice to Person Responsible. Whenever the code official determines that there has been a violation ofthis code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107. 2 and 107. 3, or in the manner provided by San Bernardino Municipal Code Section 9.92.050, to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108. 3."

15. 05. 070 Section 111 amended
International Property Maintenance Code Section 111 and subsections are amended to read as follows:
111 " A party aggrieved by a notice or order issued under this code may appeal in the manner set forth in Chapter 9. 94 of the San Bernardino Municipal Code."

15. 05. 080 Section 112.4 amended
International Property Maintenance Code Section 112. 4, Failure to comply, is amended to read as follows:
112.4 Failure to Compl " Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in [ SBMC]

9.90.010 A(2, 3, 4, 5, 6 or 8) shall be guilty of a misdemeanor, except such work as that person is 23 of32—
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directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($ 100.00) and not more than one thousand dollars ($ 1, 000.00) for each day of the violation. Each day during any part of which the activity prohibited by subdivision 112. 1 of this section continues shall be a distinct and separate offense."

15. 05. 090 Section 201. 3 amended
International Property Maintenance Code Section 201. 3 is amended to read as follows:
201. 3 Definitions. " Where terms are not defined in this code and are defined in the California Administrative Code, California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, or any code adopted by reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes."

15.05. 100 Section 302. 4 amended
International Property Maintenance Code Section 302.4, paragraph number one, is amended to read as follows:
302. 4 Weeds " Weed and rubbish abatement shall be as set forth in the San Bernardino Municipal Code, Chapter 8. 30, Abatement ofPublic Nuisances."

15.05.110 Section 302.9 amended
International Property Maintenance Code Section 302.9, defacement of property, is deleted.

15.05. 120 Section 304.3 amended
International Property Maintenance Code Section 304.3 is amended to read as follows:
304.3 Premises Identification " Premises identification shall be as set forth in the San Bernardino Municipal Code sections 12. 32. 030 and/ or 15. 16. 126."

15.05.130 Section 304. 14 amended
International Property Maintenance Code Section 304. 14 is deleted.

15. 05. 140 Section 304. 18 amended
International Property Maintenance Code Section 304. 18 is deleted.

15.05. 150 Section 307 amended
International Property Maintenance Code Section 307, Handrails and guardrails, is amended to read as follows:
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307 Handrails and Guardrails ' Every exterior and interior flight of stairs shall have a handrail and guard per the requirements of the adopting code at the time the building was permitted. Handrails and guardrails shall be maintained in a safe and useful condition."

15.05.160 Section 401. 3 amended
International Property Maintenance Code Section 401. 3 is amended to read as follows:
401. 3 Alternative Devices " In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code or California Residential Code shall be permitted."

15.05. 170 Section 502. 5 amended
International Property Maintenance Code Section 502. 5, Public toilet facilities, is amended to read as follows:
502.5 Public Toilet Facilities "Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy ofthe premises."

15.05. 180 Section 505. 1 amended
International Property Maintenance Code Section 505. 1, Plumbing Fixture Connections, is amended to read as follows:
505. 1 Plumbing Fixture Connections " General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code."

15. 05. 190 Section 602.2 amended
International Property Maintenance Code Section 602.2, Heating Facilities, is amended to read as follows:
602.2 Heating Facilities " Residential occupancies. Interior spaces intended for human occupancy shall be provided with permanently -installed heating facilities capable of maintaining a room temperature of 68 degrees F ( 20 C) in all habitable rooms."

15. 05.200 Section 602. 3 amended
International Property Maintenance Code Section 602. 3, Heat supply, Exceptions # 1 and 2 are deleted.
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15. 05. 210 Section 602.4 amended
International Property Maintenance Code Section 602. 4, Occupiable work spaces, is deleted.

15.05.220 Section 604.2 amended
International Property Maintenance Code Section 604. 2, Service, is amended to read as follows:
604. 2 " Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units shall be served by a three- wire, 120/ 240 volt, single- phase electrical service having a rating ofnot less than 60 amperes."

15. 05. 230 Section 604.3. 1. 1 amended
International Property Maintenance Code Section 604.3. 1. 1, Electrical equipment, is amended to read as follows:
604.3. 1. 1 Electrical Eq" Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, arc fault circuit interruptors, surge protectors, molded case circuit breakers, low -voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Electrical Code. The exception provisions of section 604.3. 1. 1 ofthe IPMC are hereby deleted."

15.05.240 Section 604.3.2. 1 amended
International Property Maintenance Code Section 604.3. 2. 1, Electrical equipment, is amended to read as follows:
604. 3. 2. 1 Electrical_ Equipgent " Electrical switches, receptacles and fixtures, including furnace, waterheating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code, or California Electrical Code."
The exception provisions of section 604.3. 2. 1 ofthe IPMC are hereby deleted.

15. 05. 250 Section 702. 1 amended
International Property Maintenance Code Section 702. 1, General, is amended to read as follows:
702. 1 General " General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall 26of32—
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comply with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive."

15. 05. 260 Section 702.2 amended
International Property Maintenance Code Section 702. 2, Aisles, is amended to read as follows:
702. 2 Aisles " Aisles. The required width of aisles in accordance with the California Fire Code, California Residential Code, California Building Code, or Civil Code 304. 18, whichever is more restrictive, shall be unobstructed."

15.05.270 Section 702.3 amended
International Property Maintenance Code Section 702. 3, Locked doors, is amended to read as follows:
702.3 Locked Doors " Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Fire Code, California Building Code, or California Residential Code, whichever is more restrictive."

15.05.280 Section 704. 1 amended
International Property Maintenance Code Section 704. 1, General, is amended to read as follows:
704. 1 Fire Protection Svstems " General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code."

15. 05. 290 Section 704. 2 amended
International Property Maintenance Code Section 704.2, Smoke alarms, is amended to read as follows:
704. 2 Smoke Alarms " Smoke alarms. Smoke alarms shall be installed and maintained in accordance with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive.""
SECTION 10. Section 15. 20.090 of Chapter 20 of Title 15 of the San Bernardino Municipal Code is- hereby amended to state as follows ( omitted provisions not amended represented by ellipses
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15.20. 090 Hearings
Any person aggrieved by the revocation of any certificate of occupancy by the Building Official may appeal that decision in the manner set forth in Chapter 9.94 of this Code, as such revocation is an administrative enforcement action. Any person aggrieved by the denial of a certificate of occupancy may appeal that decision in the manner set forth in Chapter 2.45 of this Code, as such denial is an order, decision, or determination of the Building Official relating to the building standards of the California Building Standards Code.

SECTION 11. Various Sections of Chapter 15.28 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses [... ]):

Sections:

15. 28. 010

15.28.020

15. 28. 030

15.28.040

15.28.050

15. 28.060

15.28.070

15.28.080

15.28.090

15.28.100

15. 28. 110

15.28.120

15.28. 130

15.28.140

15.28.150

15.28. 160

15.28.170

15.28.180

15.28. 190

15.28.200

15.28.210

15.28.220
Chapter 15.28

DANGEROUS BUILDINGS
Referenced Code
Uniform Code for the Abatement of Dangerous Buildings - Amended Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Securing dangerous buildings from entry
Recovery of costs of abatement of nuisance
Discontinuance of utilities
Filing of notice of pendency of administrative proceedings Reserved]
Post -disaster Safety Assessment Placards
Section 103 amended
Section 205 amended
Section 301 amended
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15.28. 020 Uniform Code for the Abatement of Dangerous Buildings - Amended Chapters 5, 6, and 9 ofthe Uniform Code for the Abatement of Dangerous Buildings are hereby deleted.

Procedures for appeals, hearings, enforcement of orders, and abatements related to the administrative enforcement procedures in the UCADB shall be in accordance with Chapter 8. 30 of the San Bernardino Municipal Code. Except for vacation orders made under Section 404 of the UCADB, enforcement of any notice and order of the building official is stayed during the pendency of an appeal therefrom that is properly and timely filed.

15. 28. 140 Securing dangerous buildings from entry
A. The building official is authorized to secure from entry any structure that is ordered vacated in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous Buildings and where the building official determines, in his or her sole discretion, that securing the structure is necessary to enforce the order to vacate. The enforcement official may secure such structures using any method deemed appropriate under the circumstances in his or her discretion.

B. It is unlawful to remove a notice to vacate posted in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous. Any person who removes a notice to vacate without the express written consent of the City of San Bernardino Building Official is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1. 12. 010 of the San Bernardino Municipal Code.

C. The building official' s decision to secure a structure may be appealed in the same manner as the issuance ofthe underling notice to vacate and as provided in Section 15. 28.020.

15. 28. 150 Recovery of costs of abatement of nuisance
Any costs incurred by the City in connection with the enforcement of the Uniform Code for the Abatement of Dangerous Buildings may be collected by the City according to the procedures specified in Chapter 8. 30 of the San Bernardino Municipal Code.

15.28.170 Filing of notice of pendency of administrative proceedings At any time after the Building Official has initiated action to locate and serve the owners with the notice and order referred to in Section 401 of the Uniform Code for the Abatement of Dangerous Buildings, the Building Official or the City Engineer may file with the county recorder a notice of pendency of administrative proceedings which shall constitute notice to any subsequent owner, purchaser, encumbrancer of the property described therein or involved in the proceedings, beneficiary of a trust deed, penholder, mortgagee, or any other person holding or claiming any interest of any kind in the property described therein who shall be bound by the 29 of 32 —
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administrative proceedings, including liability for all amounts and costs and expenses assessed against the property as alien for abatement in the same manner as if he had been the owner at the time of commencement ofthe proceedings and had been properly served at that time.

15.28.200 Section 103 amended
Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions ofthe California Building Standards Code promulgated by the California Building Standards Commission in Title 24 ofthe California Code of Regulations, as adopted and amended by the City of San Bernardino."

15.28.210 Section 205 amended
Section 205, of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting the section.

15.28.220 Section 205 amended
Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the International Building Code.

Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words used in the singular include the plural and plural the singular.

Words used in the masculine gender include the feminine and the feminine the masculine.

BUILDING CODE is the California Building Code, as adopted and amended by the City of San Bernardino.

DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code.""
SECTION 12. All existing provisions of the San Bernardino Municipal Code that are repeated herein are repeated only to aid decision -makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.

SECTION 13. Severability. If any provision ofthis Ordinance 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 ofthis Ordinance are declared to be severable. 30of32—
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SECTION 14. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 15. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 16. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption ofthis 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 ofthe State of California.

APPROVED and ADOPTED by the Citycil an -aligned by the Mayor and attested by the City Clerk this
18th
day ofSeptember 2019/ 277 17'
Attest:

PCf - , ,,
Georgeann Han
T. MMC, City Clerk
approved as to form:
f ,
Gary D. aenz, City Attorney
John Valdivia, Mayor
City of San Bernardino
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CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC -1521, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 0 day of September 2019. Ordinance No. MC -1521 was approved, passed, and adopted at a regular meeting held the 18' h day of September 2019 by
the following vote:

Council Members:

SANCHEZ
IBARRA
VACANT

SHORETT
NICKEL

RICHARD

MULVIHILL

AYES NAYS ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 18'' day of September 2019.

LGeorgeann lfan4a, MMC', City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 2, 2026
To: Honorable Mayor and City Council Members
From: Cassandra Searcy, Deputy Director of Housing and Homeless Services
Department: Community Development & Housing
Subject: Amendment No. 1 to the Professional Services Agreement with The Salvation Army for Homeless Street Outreach,
Increasing the Agreement by $18,107.27 to a Total Not-toExceed Amount of $698,107.27 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 The Salvation Army for homeless street outreach services, increasing the agreement by $18,107.27, from $680,000 to a total not-to-exceed amount of $698,107.27, using previously obligated but unspent American Rescue Plan Act State and Local Fiscal Recovery Funds identified through closeout of the prior homeless outreach agreement.

2. Authorize the City Manager, or designee, to execute Amendment No. 1 and any other agreements, documents, or instruments, and to take all actions necessary or appropriate to carry out and implement Amendment No. 1.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
On December 18, 2024, the Mayor and City Council of the City of San Bernardino approved a new agreement with the Salvation Army to provide homeless street outreach services using American Rescue Plan Act (ARPA) funding. The Street Outreach Agreement provides for the delivery of outreach and engagement services to individuals experiencing homelessness within the City. The contractor actively Packet Page. 492
provides services including outreach, engagement, connection to supportive services, and coordination with community partners to assist individuals in accessing appropriate supportive resources. The agreement included an initial ARPA allocation of $680,000.00. Following the closeout of the previous contractor's agreement, an additional $18,107.27 in unspent ARPA funds was identified.

Amendment No. 1 would increase The Salvation Army agreement by $18,107.27, from $680,000 to $698,107.27. As of August 20, 2026, $491,900.38 has been expended on the remaining ARPA balance, leaving $206,206.89 to be expended by December 31, 2026. Staff has reviewed the remaining expenditure schedule and anticipated full expenditure by the federal deadline.

Background
On December 7, 2022, the Mayor and City Council unanimously agreed to allocate $24.5 million in American Rescue Plan Act (ARPA) funds towards homeless initiatives of which, $1.5 Million was directed towards homeless outreach. In February 2023, Staff released a Request for Proposal (RFP) in search of a qualified homeless outreach lead operator. In order to expand the reach of qualified candidates, the City used Planet Bids, which is a web-based vendor portal that ensures a streamlined procurement and electronic bidding process. Planet Bids also provides a secure and transparent format to ensure that local agencies and non-profits were made aware of the City’s RFP release, notifications were sent out to the County’s Interagency Council on Homelessness (ICH) and the Central Valley Homeless Provider Network, which issued a County-wide mass email alert. There was a total of five (5) agencies/candidates who responded to the Homeless Outreach RFP and submissions were evaluated in midMarch 2023.

All candidates were required to demonstrate their ability to secure and maintain qualified staffing levels, highlight their experience working with unhoused individuals, particularly those who have underlying physical and/or mental health conditions, demonstrate their knowledge of trauma-informed care and “Housing First” practices and be able to quickly connect to the County’s Homeless Management Information System (HMIS).

Two (2) agencies advanced to the final selection process (one local and one non-local) and on April 11, 2023, a tentative award letter was issued to the successful applicant, Hope the Mission, formally known as Hope of the Valley.

Hope the Mission was awarded the initial contract to provide these services, focusing on engaging at-risk populations, including participants in the City’s motel voucher program and individuals identified as homeless under HUD guidelines.

Hope the Mission was allocated $1,500,021.48, when the agreement was entered on June 1, 2023 with an initial termination date of May 31, 2024. On June 23, 2024 Amendment No. 1 adjusted the total compensation to not exceed $1,500,000.00. On March 22, 2024 Amendment No. 2 extended the Professional Services Agreement Packet Page. 493
term by one year to May 31, 2025.

While Hope the Mission was tasked with leading the street outreach efforts, their performance did not meet contractual standards. On December 18, 2024, the Mayor and City Council of the City of San Bernardino accepted the termination of its Professional Services Agreement with Hope the Mission.

During the agreement term, Hope the Mission had expended a total of $801,892.73 leaving a remaining amount of $698,107.27 of the ARPA balance for homeless street outreach services.

On December 18, 2024, the Mayor and City Council of the City of San Bernardino approved the Professional Services Agreement with The Salvation Army for homeless street outreach services with an ARPA allocation of $680,000.

Amendment No. 1 to this PSA will allocate the additional unspent ARPA funding of $18,107.27.

Since the implementation of the PSA for Street Outreach Services with The Salvation Army, 812 clients have accepted services with the Salvation Army which can include, hygiene supplies, food resources, shelter placements or placements into substance use treatment facilities, and ongoing case management.

Discussion
The proposed Amendment No. 1 to the American Rescue Plan Act (ARPA) Professional Services Agreement with The Salvation Army (TSA) will increase the agreement amount by $18,107.27 using previously unspent ARPA funds identified during the closeout of the prior contractor agreement. This amendment will ensure that all available ARPA funds are fully obligated and expended before the ARPA expenditure deadline of December 31, 2026.

Under the amended agreement, The Salvation Army will continue providing homeless street outreach services and utilizing the Homeless Management Information System (HMIS) for client data collection, case tracking, reporting, and performance monitoring.

Based on the current expenditure rate, the City anticipates that all ARPA funds allocated under the agreement will be fully expended by the December 31, 2026 deadline.

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City staff has been working closely with The Salvation Army to provide technical assistance regarding allowable expenditures and proper billing procedures. This ongoing coordination has supported The Salvation Army in identifying and submitting eligible expenditures and has provided city staff with greater visibility into the project's anticipated spending needs.

City staff's confidence in the project's ability to fully expend the remaining funds is supported by the Salvation Army’s continued delivery of Homeless Street Outreach services, the $491,900.38 already expended, and invoices for services provided through December 2026 are anticipated to be submitted and processed. Staff will continue to closely monitor the contractor's expenditure, pending invoices, and remaining balance to ensure the project remains on pace.

During the amended agreement term, The Salvation Army will continue providing the following ARPA-funded services:
• Street-based outreach and engagement
• Connections to resources and referral placements
• Intensive case management
• HMIS data entry, reporting, and performance monitoring to support program compliance and system-level outcomes
Strategic Goals and Priorities
The request to approve the amendments to the subrecipient agreements aligns with Strategic Target No. 3: Improved Quality of Life by reducing the burden of homelessness through enjoyment, collaboration, and partnership with other entities.

Fiscal Impact
There is no General Fund impact. All activities are fully funded through the City’s American Rescue Plan Act (ARPA) grant funds.

Conclusion
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 The Salvation Army for homeless street outreach services, increasing the agreement by $18,107.27, from $680,000 to a total not-to-exceed amount of $698,107.27, using previously obligated but unspent American Rescue Plan Act State and Packet Page. 495
Local Fiscal Recovery Funds identified through closeout of the prior homeless outreach agreement.

Attachments
Attachment 1 Salvation Army PSA (Homeless Outreach)
Attachment 2 Amendment #1 - TSA ARPA Street Outreach
Ward:

All Wards
Synopsis of Previous Council Actions:

August 4, 2022 Mayor and City Council received a report and discussed the allocation of ARPA funds.

December 7, 2022 Mayor and City Council approved the use of ARPA funds in the amount of $1.5million to create a city-wide Homeless Outreach Team.

February 1, 2023 Mayor and City Council approved a Homelessness State of Emergency Declaration.

May 17, 2023 Mayor and City Council approved the Professional Services Agreement with Hope the Mission for Outreach Services.

June 26, 2023 Mayor and City Council approved Amendment #1 to the Professional Services Agreement with Hope the Mission.

May 1, 2024 Mayor and City Council approved Amendment #2 to the Professional Services Agreement with Hope the Mission to extend the agreement term by one year until May 31, 2025.

December 18, 2024 Mayor and City Council accepted the termination of the Professional Services Agreement with Hope the Mission and accepted the Professional Services Agreement with the
second-ranked proposer for the City’s original homeless outreach procurement process, The Salvation Army.

CC
Eric Levitt, City Manager
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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

WITH THE SALVATION ARMY
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of September 2, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and The Salvation Army, a 501(c)(3) nonprofit organization (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant entered into an agreement, dated December 18, 2024, for the purpose of providing Homeless Street Outreach (the “Original Agreement”).

B. WHEREAS, the Parties now desire to amend the Original Agreement in order to increase the agreement not-to-exceed amount by $18,107.27 to allow for the continued performance of the services through the end of term, in accordance with the compensation provisions of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed six hundred ninety-eight thousand one hundred and seven and twenty-seven cents ($698,107.27) thereby increasing the total not to exceed compensation amount of the Original Agreement by eighteen thousand one hundred and seven dollars and twenty-seven cents ($18,107.27). Work shall be performed at the rates set forth in the Original Agreement.

3. Exhibit C. Exhibit “C” (“Schedule of charges”) is amended and replaced with Attachment A, attached hereto and incorporated herein by this reference.

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall Packet Page. 562
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be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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-3-

SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

WITH THE SALVATION ARMY
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

ERIC LEVITT

CITY MANAGER
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

THE SALVATION ARMY,

A CALIFORNIA NONPROFIT

CORPORATION

DOUG HANSON, CAPTAIN

DIVISIONAL SECRETARY FOR

BUSINESS
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-4-

ATTACHMENT A
EXHIBIT “C” Schedule of Charges
[Behind this page]
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Agency Name:

Address:

Project Name
Total Award
Amount
Current Approved
Budget Revised Budget
$ -
$ 48,125.00 48,125.00 $
$ 111,650.00 111,650.00 $
$ 241,899.00 241,899.00 $
$ 106,130.00 106,130.00 $
$ 9,126.32
$ -
$ 1,873.68 11,000.00 $
$ 3,500.00 3,500.00 $
$ 34,650.00 34,650.00 $
$ 15,000.00 15,000.00 $
$ 3,020.47 17,720.00 $
$ 55,739.80 22,933.00 $
$ -
$ 67,393.00 67,393.00 $
$ -
$ 698,107.27 680,000.00 $
1 FTE Business Administrator
Budget Category Proposed Change (+/-)
Personnel
1 FTE Director of Programs
2 FTE Outreach Navigators
1 FTE Outreach Advocates
Occupancy/Facility Expenses
Indirect
$ 32,806.80
Supporting Staff Wages 9,126.32 $
TOTAL
Operating Costs
Transportation ($9,126.32)
Equipment
($14,699.53)
Essential Items/Direct Assistance
Supplies
Transitional Assistance

CITY OF SAN BERNARDINO

BUDGET MODIFICATION REQUEST
Street Outreach
*Total award amount shall remain unchanged unless otherwise authorized by the funding agency.* $ 698,107.27
The Salvation Army
925 W. 10th Street, San Bernardino, CA 92411
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 2, 2026
To: Honorable Mayor and City Council Members
From: Tarik Rahmani, Director of Finance
Department: Finance & Management Services Department
Subject: Acceptance of $4,476,076 Board of State and Community Corrections (BSCC) Proposition 64 Public Health and
Safety Cohort 4 Grant and Fiscal year 2026-2027 Budget
Amendment (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-146, authorizing:

1. The City Manager to accept and execute the BSCC Proposition 64 Public Health and Safety Cohort 4 Grant agreement No. 1466-26 in the amount of $4,476,076, including subsequent amendments; and

2. The Director of Finance and Management Services to amend the FY 2026/27 Operating Budget with an appropriation of $4,476,076 in both revenues and expenditures in grant funds.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
The City of San Bernardino was awarded $4,476,076 under the Board of State Community Corrections (BSCC) Proposition 64 Public Health and Safety Cohort 4 Grant. The funding will be used to support public health and safety efforts for cannabisrelated impacts and community needs. The grant will expand cannabis enforcement through the San Bernardino Police Department's existing Marijuana Enforcement Task Force and fund community education, youth prevention, program evaluation, and grant administration. The Finance Department requests authorization for the City Manager to accept the grant funds, execute subsequent agreements necessary to administer the grant, and subaward the grant to the San Bernardino Police Department.

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Background
The Proposition 64 Public Health and Safety Grant is funded from tax revenue generated by the sales of legal adult-use cannabis or cannabis products. The grant is awarded through the Board of State and Community Corrections (BSCC) and intended to fund efforts to assist law enforcement or other local projects addressing public health and safety issues associated with the implementation of the Proposition 64 Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA).

Previously, the San Bernardino Police Department applied for the competitive Proposition 64 Public Health and Safety Cohort 3 Grant in December 2022. In April 2023, the BSCC notified the Department that its proposal was awarded $3,000,000 in grant funding to support a program involving youth outreach, crime enforcement, and a cannabis awareness program. Council accepted the Prop 64 Cohort 3 grant and resolution 2023-088 on June 21, 2023. The Proposition 64 Public Health and Safety Cohort 3 Grant term runs from May 1, 2023 through October 31, 2028.

In March 2026, the City applied for the competitive Proposition 64 Public Health and Safety Cohort 4 Grant to continue and expand the work initiated by the Police Department. In June 2026, the BSCC notified the City that its proposal had been selected for funding and provided the Proposition 64 Public Health and Safety Cohort 4 Grant contract package, which includes the documentation necessary to formally accept the award.

Discussion
The City has authorized 13 locations to sell cannabis, and there are several more in various stages of the application process. Additionally, the Department is aware of 34 locations in the City suspected of illegal cannabis operations. The City’s crime rate and abundance of cannabis access threaten an already vulnerable community.

The City’s Grants Division within the Finance Department will administer the grant and maintain fiscal and programmatic oversight. Consistent with the BSCC-approved application, the San Bernardino Police Department will implement the law-enforcement component of the program, including the #3,357,287 budgeted for local lawenforcement activities. Any required interdepartmental subward or agreement will be completed in accordance with BSCC requirements. The grant term runs from July 1, 2026, through December 31, 2031. Through the BSCC Proposition 64 Grant, SBPD will expand its existing Marijuana Enforcement Task Force (MET) by funding overtime for two additional officers—one assigned to the MET and one serving as a Community Engagement Officer—as well as the acquisition of a vehicle for each officer. The additional MET officer will support the existing two-member team in conducting hotspot-based cannabis enforcement operations targeting illegal vendors and conducting compliance checks.

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Budget Line Item Grant Funds
Salaries and Benefits $220,004
Services and Supplies $150,000
Professional Services $3,557,284
NGOs $0
Equipment/Fixed Assets $150,000
Other (Travel, Training, etc) $4,685
Indirect Costs $394,103
Total $4,476,076
The community engagement officer will conduct education and outreach at over 100 annual community education events throughout the grant period. These community events will be hosted through the City's Parks and Recreation Department and SBPD.

The community engagement officer will deliver cannabis education to both youth and adults in accessible settings. Adult engagement and education will include cannabis impairment and driving safety education delivered in collaboration with SBPD's Traffic Unit. Adult education content will be sourced from established public health sources, including the California Department of Public Health’s Let’s Talk Cannabis campaign. Youth engagement programming will include classroom education at San Bernardino City Unified School District sites using the Stanford Cannabis Prevention Toolkit, a theory-grounded curriculum developed for middle and high school students. Partnerships with NGOs will further expand outreach capacity and referrals for support services. Through this project, the City of San Bernardino will strengthen public safety and enforcement efforts, support public health, promote community education on cannabis impacts, and improve youth outcomes.

Strategic Goals and Priorities
Acceptance of the BSCC Proposition 64 Cohort 4 Grant funds aligns with Mayor and City Council Strategic Goal No. 3 Improved Quality of Life by educating the public on cannabis use through coordinated engagement and collaboration with community partners and enhancing public safety, public health, and youth development impacts.

Fiscal Impact
There is no General Fund impact associated with this action. Acceptance of the BSCC Proposition 64 Public Health and Safety Cohort 4 Grant will amend the FY 2026/27 Operating Budget by appropriating $4,476,076 in state grant revenues and corresponding grant expenditures.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-146, authorizing:

1. The City Manager to accept and execute the BSCC Proposition 64 Public Health and Safety Cohort 4 Grant agreement No. 1466-26 in the amount of $4,476,076, including subsequent amendments; and
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2. The Director of Finance and Management Services to amend the FY 2026/27 Operating Budget with an appropriation of $4,476,076 in both revenues and expenditures in grant funds.

Attachments
Attachment 1 – Resolution No. 2026-146
Attachment 2 – Grant Agreement with BSCC for Prop 64C4 Award Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
CC
Eric Levitt, City Manager
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Resolution No. 2026-146
Resolution 2026-146
September 2, 2026

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Mayor and City CouncilSeptember 2, 2026

Mayor and City Council
September 2, 2026