Resolution No. 2026-157
Resolution No. 2026-157
September 16, 2026
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RESOLUTION NO. 2026-157
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING A SIDE LETTER AGREEMENT TO THE 2025-
2029 MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF SAN BERNARDINO AND THE
SAN BERNARDINO POLICE OFFICERS ASSOCIATION
(SBPOA) TO INCLUDE ARTICLE III – COMPENSATION,
SECTION 8 – SPECIAL PAY, SUBSECTION (D) – SWAT
PAY
WHEREAS, SWAT Special Assignment Pay has been an established component of Police Department operations and compensation for employees assigned to the Department’s Special Weapons and Tactics (SWAT) function; and
WHEREAS, Following the recent retirements of several members represented by the SBPOA the California Public Employees’ Retirement System (CalPERS) identified the need for a Side Letter Agreement to formally document the existing SWAT Special Assignment Pay and ensure continued compliance with CalPERS requirements governing reportable special compensation under the California Public Employees’ Retirement Law and California Code of Regulations (CCR) Section 571; and
WHEREAS, The proposed Side Letter Agreement is intended to provide the written documentation necessary to support the continued reporting of SWAT Special Assignment Pay as special compensation for CalPERS purposes, consistent with the requirements of CCR Section 571.
WHEREAS, a side letter agreement with SBPOA and the City was tentatively agreed upon approval of its terms by City Council.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Manager or their designee is hereby authorized to execute the Side Letter Agreement attached hereto and incorporated herein, marked as Exhibit A.
SECTION 3.CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Resolution No. 2026-157
Resolution No. 2026-157
September 16, 2026
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SECTION 4.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 5.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 16th day of September 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Albert Maldonado, City Attorney
Resolution No. 2026-157
Resolution No. 2026-157
September 16, 2026
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-157, adopted at a regular meeting held on the 16th 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 16 th day of September 2026.
Telicia Lopez, CMC, City Clerk