Agenda packet, regular meeting, second session — Mayor and City Council, October 7, 2026 (part 1 of 7)

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

CITY OF SAN BERNARDINO
AGENDA
FORTHE

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

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

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

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

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

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

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, OCTOBER 07, 2026
3:30 PM - CLOSED SESSION 5:00 PM - OPEN SESSION
NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Eric Levitt
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Albert Maldonado
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Telicia Lopez
COUNCIL MEMBER, WARD 4 CITY CLERK
Kim Knaus
MAYOR PRO TEM, WARD 5
Mario Flores
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino

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

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Mayor Pro Tem, Ward 5 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
Mayor Helen Tran
City Manager Eric Levitt
City Attorney Albert J. Maldonado
City Clerk Telicia Lopez
3:30 P.M.

CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION pg. 19

A) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): 1 Case
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(5)): 1 Item
C) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)):
i. Erin Marie Cowser v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2610208
ii. Goodman v. City of San Bernardino, Treasure Ortiz, et al., California Superior Court of the County of San Bernardino, Case No.

CIVSB2627946
D) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(3))
i. Notice of Claim, Jose Loera, dated February 3, 2026, Claim No.

GHC0093814
ii. Notice of Claim, Darren Goodman, dated February 10, 2026, Claim No.

HC00993811
Mayor and City Council of the City of San Bernardino Page 3 E) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(1)): 1 Item
5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PRESENTATIONS

1. Citizen of the Month – Abraham Morales 985 Coffee pg. 20

2. Proclamation for Adopt a Shelter Dog Month in the City of San Bernardino – October 2026 (All Wards) pg. 22

APPOINTMENTS

3. Public Safety and Human Relations Commission Appointment of Vianey Galvez (Ward 6) pg. 24
Recommendation:

Vianey Galvez will replace Concepcion (Connie) M. Mercado. Council Staff has verified that appointee is a registered voter within the city.

PUBLIC HEARING

4. Introduce Ordinance No. MC-1674 for First Reading Setting Forth Procedures for Expediting Permitting Processing for Electric Vehicle (EV) Charging Systems (All Wards) pg. 33
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino conduct a public hearing; and

1. Introduce, read by title only and waive further reading of Ordinance No. MC1674 of the Mayor and City Council of the City of San Bernardino, California, establishing procedures for expediting permit processing for electric vehicle charging stations.

2. Schedule the adoption of Ordinance No. MC-1674 to the regularly scheduled meeting of the Mayor and City Council on October 21, 2026.

Mayor and City Council of the City of San Bernardino Page 4

5. Introduce Ordinance MC-1669 Amending 19.28 (Landscaping Standards) Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19) Incorporating New Soil, Mulch, and Amendment Requirements for Water Efficient Landscaping (All Wards). pg. 59
Recommendation:

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

1. Conduct a Public Hearing;

2. Introduce Ordinance MC-1669 amending 19.28 (Landscaping Standards); Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19) Incorporating New Soil, Mulch, and Amendment Requirements for Water Efficient Landscaping (All Wards)

3. Schedule the adoption of Ordinance MC-1669 to the regular meeting of the Mayor and City Council on October 21, 2026.

CITY MANAGER UPDATE

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

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

6. Animal Services Staffing Realignment and Shelter Support Adjustments (All Wards) pg. 107
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-160 authorizing the City Manager to eliminate two vacant Shelter Veterinarian positions and one vacant Animal Control Officer II position and reallocate existing funding to support veterinary, shelter operations, and facility maintenance staffing; and approve an increase in the Department of Animal Services authorized permanent staffing from 70 to 71 full-time equivalent (FTE) positions.

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

7. Approval of Various Mayor and City Council Meeting Minutes pg. 118 Recommendation:

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

1. May 13, 2021 Special Meeting Draft Minutes

2. July 21, 2021 Regular Meeting Draft Minutes

3. September 15, 2021 Regular Meeting Draft Minutes

4. November 3, 2021 Regular Meeting Draft Minutes

5. August 5, 2026 Regular Meeting Draft Minutes

6. August 19, 2026 Regular Meeting Draft Minutes

8. Adoption of Ordinance No. MC-1671 Requiring Notification of Homeless Individuals Drop-offs in the City pg. 215
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1671, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 9.50 to Article IV of Title 9 of the San Bernardino Municipal Code, requiring a notification of transport of unhoused persons who lack a fixed, regular, and adequate nighttime residence to the City of San Bernardino.

9. Adoption of Ordinance No. MC-1672 Requiring Vacant or Abandoned Properties to Register with the City and to Impose Certain Property Maintenance Obligations pg. 229
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC- 1672, An Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Chapter 8.32 to Title 8 Of The San Bernardino Municipal Code to Establish Registration, Maintenance, Security, and Inspection Requirements for Vacant Or Abandoned Residential, Commercial, and Industrial Properties.

10. Amendment No. 1 to the Professional Services Agreement with TruePoint Solutions, LLC (formerly Gray Quarter) for the Land Management System Implementation Project Increasing the Not-To-Exceed Amount by $307,535 (All Wards). pg. 243
Recommendation:

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

1. Adopt Resolution No. 2026-161 approving Amendment No. 1 to the Professional Services Agreement with TruePoint Solutions, LLC adding an eighteen (18)-month Managed Services subscription in the amount of $185,000; ratifying Change Orders 2 and 3 and authorizing payment for the completed work in the amount of $64,035; and approving Change Order 5 in the amount of $58,500; thereby increasing the not-to-exceed amount by $307,535 for a new total contract amount not to exceed $2,407,871; and Mayor and City Council of the City of San Bernardino Page 6

2. Adopt Resolution No. 2026-162 authorizing the reallocation of $64,035 in American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF), previously obligated under the Hosted Services Agreement with TruePoint Solutions, LLC (formerly Gray Quarter Inc.), to the Professional Services Agreement with TruePoint Solutions, LLC.

11. Mayor and City Council Strategic Goals and Priorities Quarterly Update. pg. 361 Recommendation:

It is recommended the Mayor and City Council of the City of San Bernardino, California, receive and file the Strategic Goals and Priorities Update

12. Professional Services Agreement with Atkinson, Andelson, Loya, Ruud, and Romo in the amount of $300,000 for Legal Services (All Wards) pg. 377 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Atkinson, Andelson, Loya, Ruud, and Romo, subject to review and approval by the City Attorney's Office, in an amount not to exceed $300,000 for legal services.

13. Adoption of Ordinance No. MC – 1670 Approving General Plan Amendment 25- 02 and Development Code Amendment 25-07 (Zoning Map Amendment) pg. 379
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC – 1670 approving General Plan Amendment 25- 02, which changes the General Plan Land Use designation from Commercial to MultiFamily Residential and Development Code Amendment (Zoning Map Amendment) 25-07, which changes the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amends the San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments, pursuant to a Mitigated Negative Declaration.

14. Approval of Amendment No. 1 to the Professional Services Agreement Between the City of San Bernardino and Keyser Marston Associates Inc. (All Wards) pg. 392
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 between the City of San Bernardino and Keyser Marston Associates Inc., to extend the term of agreement to March 31, 2027 and increase the total compensation amount by $50,000, bringing the total not to exceed compensation amount to $150,000.

2. Authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Keyser Marston Associates Inc.

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

15. Authorize Two (2) Full-Time Homeless Outreach Specialist Positions in the Community Development & Housing Department- Grant Funded Through April 2031 (All Wards) pg. 417
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the addition of two (2) grant-funded full-time equivalent (FTE) Homeless Outreach Specialist positions to the Community Development & Housing Department, funded through Permanent Local Housing Allocation (PLHA) funds through April 30, 2031.

16. Irrevocable Agreement to Annex No. 2026-388 (Ward 5) pg. 425 Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2026-163 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 4164 North 4th Avenue, San Bernardino, California, within the unincorporated community of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

17. Love Your Block Year 3 (All Wards) pg. 444
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file and provide staff direction with program implementation.

18. Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation (15.30-445) of an Easement Vacation of a Public Utility Easement located within San Bernardino Valley College, and Reservation of Utilities on Esperanza Street and South K Street (Ward 3) pg. 472
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-164 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 public utility easement located within San Bernardino Valley College, and reservation of utilities therein.

19. Approve Amendment No. 1 for Financial Auditing Services with Eadie Payne, LLP, Increasing Agreement’s not-to-exceed amount to $971,200 (All Wards) pg. 482
Recommendation:

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

1. Approve Amendment No. 1 with Eadie Payne, LLP for financial auditing and additional accounting, financial reporting, agreed-upon-procedures services in the not-to-exceed amount of $971,200 for fiscal years ending June 30, 2026 through June 30, 2030, with the option of auditing the City’s financial records for two subsequent years (through June 30, 2032).

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

2. Authorize the City Manager to execute any and all documents necessary to implement and carry out the approved amendment.

20. Agreement with Command Investigations, LLC for Pre-Employment Background Screening Services in the amount of $50,000 per year for a period of three (3) years, with two (2) optional one-year extensions for a total not-toexceed amount of $250,000 (All Wards) pg. 512 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute a professional services agreement with Command Investigations, LLC for Pre-Employment Background Screening Services in the amount of $50,000 per year for a period of three (3) years, with two (2) optional one-year extensions for a total not-to-exceed amount of $250,000.

21. Approve Administrative Corrections to previously Adopted Salary Schedule; Adopt Corrected Salary Schedules; AND Adopt Citywide Salary Schedule for Full-Time, Part-Time, Temporary, and Seasonal Positions effective 8/6/26. pg. 923
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-165;

1. Approving administrative corrections to previously adopted salary schedules effective 1/5/2026, 6/17/26, and 7/6/26;

2. Adopting corrected Citywide Salary Schedule for full-time, part-time, temporary, and seasonal positions effective 1/5/2026, 6/17/2026, and 7/6/2026; and

3. Adopting the Citywide Salary Schedule for Full-Time, Part-Time, Temporary, and Seasonal Positions effective 8/4/2026.

22. Acceptance and Approval of Amendment No. 2 Revised Contract of Modernization for Older Californians Act/Nutrition Services Grant Award FY 2024-2027 (All Wards) pg. 954
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-166:

1. Authorizing the City Manager or designee to accept and approve Amendment No. 2 to Contract No. 24-992 with the San Bernardino County Department of Aging and Adult Services – Public Guardian for the Modernization of Older Californians Act (MOCA)/Nutrition Services Grant, providing an additional $90,000 and increasing the total Not-to-Exceed contract amount from $189,900 to $279,900, and extending the contract term through September 30, 2027; and

2. Authorizing the City Manager or designee to conduct all negotiations, execute, and submit all necessary documents associated with the grant award; and
Mayor and City Council of the City of San Bernardino Page 9

3. Authorizing the Director of Finance and Management Services to amend the FY 2026/27 budget in both revenues and expenditures and appropriate the additional $90,000 grant award in accordance with the Countyauthorized budget and contract requirements.

23. Fiscal Year 2025/26 Budget Amendment of $30,000 – State Asset Forfeiture Gang and Drug Special Revenue Fund (All Wards) pg. 1021 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-167:

1. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 budget for the State Asset Forfeiture Drug and Gang Special Revenue Fund to establish $30,000 in expenditure appropriations; and

2. Authorizing the Director of Finance and Management Services to make any necessary technical adjustments to the FY 2025/26 budget to implement the amendment.

24. Award of Construction Agreement of the San Bernardino Library Norman Feldheym Branch Improvements Project to Tovey/Shultz Construction, Inc. in the amount of $8,323,998.45 and approval of a Task Order for Construction Management and Inspection Services with TKE Engineering, Inc. in the Amount of $270,761. (Ward 1) pg. 1030
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 Tovey/Shultz Construction, Inc., in the amount of $8,323,998.45 for the San Bernardino Library Norman Feldheym Branch Library Improvements Project; and

2. Approve a Task Order with TKE Engineering, Inc. for Construction Management and Inspection Services for the Project in an amount not to exceed $270,761; and

3. Authorize a Project contingency budget in the amount of $644,606.96 for unforeseen costs necessary to complete the Project, bringing the total Project budget to $10,224,196.41; and

4. Authorize the Director of Finance Management Services to amend the FY 2026/27 Capital Improvement Plan budget with an additional $469,754.70 from the Public Improvement Fund, $500,000 from the Public Use Facilities Fund, $75,000 from the Library Facilities Fund, $516,246.55 of Library Facilities Funding from the Feldheym Library Improvement Project (8940), and $2,253,825.16 of Measure S Funding from the selected Alternative for the Project; and Mayor and City Council of the City of San Bernardino Page 10

5. Authorize the City Manager or designee to execute all documents with Tovey/Shultz Construction, Inc. and TKE Engineering, Inc. necessary to implement the Project; and

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

7. Take one of the following actions:

Alternative A
Approve Resolution No. 2026-168 Authorize the reallocation of Measure S funding from multiple City Projects up to an amount not to exceed $2,253,825.16 to provide sufficient funding to complete the Feldheym Library Branch Improvements Project.
or alternatively
Alternative B
Approve Resolution No. 2026-169 Authorize $2,253,825.16 from the City’s Measure S Fund Balance to provide sufficient funding to complete the Feldheym Library Branch Improvements Project.

DISCUSSION

25. Shandin Hills Golf Club General Fund Budget Appropriation and Amendment (Ward 5, Ward 6) pg. 1110
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-170:

1. Authorizing the City Manager, or designee, to appropriate funds in the amount of $500,000.00 for the Shandin Hills Golf Club to cover payroll and operational deficit costs during the interim period while the audit is being finalized;

2. Authorizing the Director of Finance & Management Services, or designee, to amend the FY 2026/2027 Operating Budget in the amount of $500,000.00 from the General Fund for the Shandin Hills Golf Club, and increasing the Economic Development Department’s Real Property Division revenues and expenditures budgets to reflect the receipt and expenditure of the funds; and

3. Authorizing the Director of Finance and Management Services, or designee, to issue a purchase order in the amount of $500,000.00 to Local Golf Management, LLC.

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

26. Discussion and Direction Regarding an Independent Phase One Financial Process Assessment (All Wards) pg. 1154
Recommendation:

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

1. Approve the proposed Phase One independent financial process assessment described in this report, subject to completion of the City’s applicable procurement process and finalization of a professional services agreement;

2. Select review period, with staff presenting the following alternatives:
a. Fiscal Years 2024 through 2026, consistent with Eadie Payne LLP’s preliminary proposal and estimated cost of $140,000 to $150,000; or
b. Fiscal Years 2023 through 2026, if Council determines that an additional fiscal year is appropriate, with Eadie Payne LLP estimating approximately 900 to 950 hours and an estimated $180,000 to $190,000 for the expanded period.

3. Determine whether any specific financial process, fund, contract transaction, project, or other matter should be added to the Phase One scope, recognizing that a specific allegation or transaction requiring forensic investigation may require a separately defined scope and additional resources;

4. Direct that Community Facilities District (CFD) and Landscape Maintenance District (LMD) matters be excluded from the Phase One financial process assessment, consistent with Eadie Payne LLP's recommendation that matters involving legal questions concerning district formation, authorization, boundaries, assessments, or service obligations be evaluated through a separate engagement using appropriate specialized legal or technical expertise;

5. Provide direction regarding the public reporting and presentation of the assessment, including the preparation of a public final report to the extent permitted by law, with legally protected or confidential matters handled separately as appropriate;

6. Direct staff to complete the appropriate procurement process and return to the Mayor and City Council for consideration of the proposed professional services agreement, final scope, funding, and schedule.

Mayor and City Council of the City of San Bernardino Page 12

27. Potential Revenue Generating Initiatives - Industrial and Logistics Revenue and Economic Opportunity Feasibility Study - Direction to Proceed (All Wards) pg. 1171
Recommendation:

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

1. Discuss and provide direction regarding whether the City should proceed with an independent fiscal, economic, and revenue feasibility study concerning warehouse, logistics, industrial storage, truck parking, and related commercial and industrial activities;

2. Direct the Finance & Management Services Department to release a formal competitive Request for Proposals (RFP) for an Industrial and Logistics Revenue and Economic Opportunity Feasibility Study;

3. Direct the City Attorney’s Office to complete a parallel review of the City’s existing taxing, regulatory, permitting, development, and costrecovery authority, including whether potential revenue mechanisms would constitute a tax, regulatory fee, development-related charge, or other charge, and whether voter approval or other governmental authorizations would be required;

4. Direct the Finance & Management Services Department, in coordination with appropriate City departments, to begin an internal reconciliation of the City’s existing warehouse, logistics, storage, truck parking, industrial-property, business-registration, permitting, and revenue information; and

5. Direct staff to return to the Mayor and City Council with the recommended consultant, final scope of work, contract amount, and identified funding source, or necessary budget amendment, before the full study begins.

28. Waterman Avenue Landscaping Improvements – Conceptual Landscape Plan Review and Direction pg. 1377
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review the proposed conceptual landscape plan for the Waterman Avenue Landscaping Improvements Project and provide direction to staff prior to proceeding with final design.

Mayor and City Council of the City of San Bernardino Page 13

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

29.Comprehensive financial and operational audit of the San Bernardino Animal Shelter to include: current shelter capacity, kill rate/dead arrival rate/adoption rate/return rate, spay and neuter capabilities/current spay numbers/mobile clinics, staffing (current/needed), animal status spay/neuter/pregnancy rate during foster care or pre-adoption status, outbreak
numbers/timeframes/notifications; etc. (Council Member Ortiz) pg. 1383

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on October 21, 2026 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Mayor and City Council of the City of San Bernardino Page 14

CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the October 7, 2026, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401 at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Friday, October, 2, 2026.

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

Telicia Lopez, CMC, City Clerk
Mayor and City Council of the City of San Bernardino Page 15 NOTICE:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

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

Public Comments and Testimony:

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

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

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

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

Rule 5. Time Limits:

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

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

Mayor and City Council of the City of San Bernardino Page 16 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three-minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. (Must provide a minimum of 15 copies) The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

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

Mayor and City Council of the City of San Bernardino Page 17 ALTERNATE MEETING VIEWING METHOD:

If there are any technicalissues withthelivestream orrecordingfrom the main agendaportalor if you requirean optionwith ClosedCaptioning,you may view themeetingfrom thefollowinglocation (TV3). https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6

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

Written Comment
Written comments can be emailed to [email protected]. Written public comments received up to one (1) hour and thirty (30) minutes before the posted start time of the meeting, on the meeting day will be provided to the Mayor and City Council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup .

In-Person Comment:

Attend the meeting in person and fill out a speaker slip. Please note that the meeting chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically later than one (1) hour and thirty (30) minutes before the posted start time will not be accepted.

Zoom/ Remote Comment
To provide comments remotely during a City Council meeting a request to speak must be submitted to tinyurl.com/mccpubliccomments. no later than one (1) hour and thirty (30) minutes before the scheduled meeting start time. The request should include a name or be marked anonymous and indicate the comment type (Zoom). The agenda item number(s) or topic(s) on which you wish to speak should be listed on your request and if the items are not listed speakers will be called on during Public Comment for Items Not Listed on the Agenda.

Please note the following for those participating via Zoom:

The meeting is conducted in Zoom Webinar format.

The webinar is for public comment only and is not intended for viewing the meeting.

Participants will not appear on video during their public comment.

Profile photos/avatars are not permitted and will not be displayed.

When it is your turn to speak, City staff will unmute your microphone and announce your name.

The time allotted will be the same as in-person speakers. After your comments are completed, your microphone will be muted. Members of the public who wish to watch the meeting may do so through the City's regular live-streaming or broadcast platform.

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

Mayor and City Council of the City of San Bernardino Page 18

MEETING TIME
NOTE: Pursuant to ResolutionNo.2024-029,adoptedby theMayorand City Council on February21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00P.M. on the same day it began.At 9:00 P.M.,the Mayorand City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00P.M.and will continue all other items on which additional time is required until a future Mayor and City Council meeting. Amajority vote of the Council is required to extend a meeting beyond 10:00P.M.to discuss specified items.”

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Albert Maldonado, City Attorney
Department: City Attorney
Subject: CLOSED SESSION
Recommendation:

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): 1 Case B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(5)): 1 Item
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)):
i. Erin Marie Cowser v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2610208
ii. Goodman v. City of San Bernardino, Treasure Ortiz, et al., California Superior Court of the County of San Bernardino, Case No. CIVSB2627946 D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(3))
i. Notice of Claim, Jose Loera, dated February 3, 2026, Claim No. GHC0093814 ii. Notice of Claim, Darren Goodman, dated February 10, 2026, Claim No.

HC00993811
E. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(1)): 1 Item
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Mario Flores, Council Member, 6th Ward
Department: Council Office
Subject: Citizen of the Month – Abraham Morales
985 Coffee San Bernardino

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CERTIFICATE

OF RECOGNITION

FROM THE MAYOR & CITY COUNCIL

PROUDLY PRESENTED TO

ABRAHAM MORALES
985 COFFEE

SAN BERNARDINO
OCTOBER 2026
Citizen of the Month
In recognition of your outstanding service, steadfast dedication, and unwavering commitment to improving the quality of life for the residents of San Bernardino, your leadership, compassion, and civic engagement embody the spirit of community and serve as an inspiration to others. We honor the meaningful difference you continue to make in our city.

PRESENTED ON OCTOBER 7, 2026
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Helen Tran
Department: Mayor's Office
Subject: Proclamation for Adopt a Shelter Dog Month in the City of San Bernardino – October 2026 (All Wards)
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PROCLAMATION OF THE

MAYOR AND CITY COUNCIL

PROCLAIMING
OCTOBER 2026, AS

ADOPT A SHELTER DOG MONTH

IN THE CITY OF SAN BERNARDINO
WHEREAS, October is nationally recognized as Adopt a Shelter Dog Month, bringing awareness to the thousands of dogs in animal shelters awaiting loving homes and encouraging communities to choose adoption when welcoming a new pet into their families; and
WHEREAS, the City of San Bernardino Department of Animal Services provides animal care and field services to the City of San Bernardino and surrounding partner communities, caring for thousands of animals each year while working to reunite lost pets with their families and create positive outcomes through adoption, foster care, rescue partnerships, and community programs; and
WHEREAS, shelter dogs come in every age, size, breed, and personality, and adopting a shelter dog not only provides a deserving animal with a second chance, but also creates space and resources to help the next animal in need; and WHEREAS, the dedicated employees of San Bernardino Animal Services work every day to provide compassionate care, veterinary treatment, enrichment, behavioral support, and lifesaving services to animals in our community, while Animal Control Officers respond throughout the City to protect both animals and residents; and WHEREAS, volunteers, foster families, rescue organizations, community partners, adopters, and residents play an essential role in supporting the Department's lifesaving mission and helping shelter animals find safe and loving homes; and WHEREAS, every shelter dog represents more than a kennel number, they represent a life, a story, and an opportunity for a second chance, and the City of San Bernardino encourages residents to adopt, foster, volunteer, to spay and neuter your pets, and help create a community where every adoptable pet has the opportunity to find a home; NOW, THEREFORE, BE IT PROCLAIMED, that the Mayor and City Council of San Bernardino do hereby proclaim October 2026 as ADOPT A SHELTER DOG MONTH and recognize the employees, volunteers, foster families, rescue partners, adopters, and community members whose dedication helps provide second chances to animals throughout our community.

Presented on this 7th Day of October 2026
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Mario Flores, Council Member, 6th Ward
Department: Council Office
Subject: Public Safety and Human Relations Commission
Appointment of Vianey Galvez (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Vianey Galvez to the Public Safety and Human Relations Commission representing Ward 6 with the term ending December 2028. Vianey Galvez will replace Concepcion (Connie) M. Mercado. Council Staff has verified that appointee is a registered voter within the city.

Executive Summary
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Vianey Galvez to the Public Safety and Human Relations Commission representing Ward 6 with the term ending December 2028.

Background
The Public Safety and Human Relations Commission was established by Resolution No. 2018-46, on February 21, 2018, and is charged with studying and making recommendations to the Mayor and City Council on matters concerning the city’s law enforcement and fire services, emergency preparedness and response, traffic and pedestrian safety (including traffic law enforcement and traffic engineering), code enforcement, life safety, crime incidents/trends, school related issues, public perceptions of law enforcement and community relations.

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Discussion
The Public Safety and Human Relations Commission is composed of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one (1) member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two (2) members who shall serve during and for the term of the Mayor. The Public Safety and Human Relations Commission shall be appointed on the basis of demonstrated experience in the area of public safety, law enforcement, disaster preparedness, human relations, community relations or other areas which relate to the mission and purpose of the commission.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to the city.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Vianey Galvez to the Public Safety and Human Relations Commission representing Ward 6 with the term ending December 2028. Vianey Galvez will replace Concepcion (Connie) M. Mercado. Council Staff has verified that appointee is a registered voter within the city.

Attachments
Attachment 1 – Commission Application Vianey Galvez (REDACTED) Attachment 2 – Resolution No. 2018-46
Ward:

Seventh Ward; All Wards
Synopsis of Previous Council Actions:

February 21, 2018 Resolution No. 2018-46 establishing the Public Safety and Human Relations Commission was adopted.

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Mary Lanier, Interim Community Development and Housing Director;
George Velarde, Senior Planner
Department: Community Development & Housing
Subject: Introduce Ordinance No. MC-1674 for First Reading Setting Forth Procedures for Expediting Permitting Processing for Electric Vehicle (EV) Charging Systems (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino conduct a public hearing; and

2. Schedule the adoption of Ordinance No. MC-1674 to the regularly scheduled meeting of the Mayor and City Council on October 21, 2026.

City Manager's Comments
The City Manager recommends approval. This brings the City in full compliance with Assembly Bill 1236.

Executive Summary
The State of California adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems, in addition to publishing a checklist of all requirements needed for expedited review. Creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels.

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The City of San Bernardino currently has a checklist of all requirements needed for expedited review of electric charging facilities, which is posted on the department’s website. To be in compliance with State Law, the City of San Bernardino must adopt this ordinance or face potential legal challenges.

Background
AB 1236, codified in Government Code Section 65850.7, requires all California cities and counties to develop an expedited, streamlined permitting process for electric vehicle charging stations (EVCS). The law was developed to further the availability of charging infrastructure to help drive the development of zero emission vehicles – the faster charging stations are deployed, the sooner California’s air quality improves, greenhouse gas emissions are reduced, and local economic benefits are captured.

Pursuant to AB 1236, cities and counties must adopt a streamlined ordinance and checklist. Current city and county streamlining status is reflected on the EVCS Streamlining Map (Attachment 2), and jurisdictions are graded based on the Permitting Electric Vehicle Charging Stations Scorecard, which includes the streamlining requirements of AB 1236.

On this map, the City of San Bernardino is shown in yellow, which indicates that the City has a checklist of all requirements needed for expedited review of electric vehicle (EV) charging facilities, but not an ordinance. Cities with ordinances and checklists are colored green. Some of those cities in the Inland Empire include: Rancho Cucamonga, Fontana, Rialto, Bloomington, Grand Terrace, Highland, and Redlands.

Cities shown in red (City of Upland) are not in compliance and are potentially exposed to a lawsuit by an environmental organization named the Coalition for Clean Air.

AB 970, codified in Government Code Section 65850.71, builds California’s existing permit streamline law, AB 1236. Jurisdictions are required by AB 1236 to limit EVCS project review to health and safety requirements. AB 970 adds specific binding timelines to that review period based on the size of the project and clarifies parking requirements.

To meet AB 970 timelines and requirements of AB 1236, the city is required to provide one complete set of comments detailing all application deficiencies, which the applicant should address in a streamlined and complete manner through modifications to the existing application.

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Discussion
Permit Application Timelines and Parking Requirements
Stations Type Completeness Determination
1 – 25 station projects at
a single site
Application deemed complete if after 5 days the city has not either (1) found the application to be complete or (2) issued a written deficiency notice (a) detailing all changes needed to make the application consistent with the city EVCS permitting checklist or (b) identifying specific
information necessary for the Building Official to conduct a limited review of the whether the project meets all health and safety requirements.

If not already approved or denied pursuant to the
requirements of AB 1236, the application will be deemed approved 20 business days after it was deemed
complete if (1) the city has not made a finding, based on substantial evidence, that the EVCS could have a specific adverse impact upon the public health or safety; (2) the city has not required the applicant to apply for a Use
Permit as specified in Section 65850.7(b) ; and an appeal has not been made to the Planning Commission pursuant
to Section 658.7(d).
26 or more stations at a
single site
The same requirements as above apply except: an EVCS
application will be deemed complete after 10 business
days and will be deemed approved after 40 business
days after deemed complete.

Parking Requirements AB 970 clarifies that cities shall reduce the number of required parking spaces by the amount necessary to
accommodate the EVCS if the EVCS and associated
equipment interferes with, reduces, eliminates, or in any was impacts the required parking spaces for existing uses.

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Strategic Targets and Goals
The adoption of an ordinance setting forth procedures for expediting permitting processing for electric Vehicle Charging Systems (EVCS) aligns with Goal No. 3- Improved Quality of Life. The faster charging stations are deployed, the sooner California’s air quality improves, greenhouse gas emissions are reduced, and more local economic benefits are captured. Cleaner air quality in San Bernardino improves the overall health of the residents of San Bernardino and improves their quality of life as well.

Fiscal Impact
There are no fiscal impacts related to the adoption of this ordinance.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino conduct a public hearing; and

2. Schedule the adoption of Ordinance No. MC-1674 to the regularly scheduled meeting of the Mayor and City Council on October 21, 2026.

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Attachments
Attachment 1 Ordinance MC-1674
Attachment 2 Ordinance MC-Exhibit A
Attachment 3 EVSC Permit Streamlining Map
Attachment 4 PowerPoint
Attachment 5 Newspaper Publication
Ward:

All Wards
Synopsis of Previous Council Actions:

There are no prior actions taken on this subject by the Mayor and City Council.

CC: Eric Levitt, City Manager
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Ordinance No. MC-1674
-1-
ORDINANCE NO. MC-1674

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 26-14,
ADDING A NEW CHAPTER 19.21 TO THE SAN

BERNARDINO DEVELOPMENT CODE ESTABLISHING

PROCEDURES FOR EXPEDITING PERMITTING

PROCESSING FOR ELECTRIC VEHICLE CHARGING

SYSTEMS AND HYDROGEN FUEL-CELL FUELING
STATIONS IN COMPLIANCE WITH STATE LAW; AND
FINDING THAT DEVELOPMENT CODE AMENDMENT 26-
14 IS EXEMPT FROMUNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Bernardino, California (“City”) is a charter city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, California Government Code Section 65850.7 requires cities and counties to regulate and permit electrical vehicle (“EV”) charging stations and hydrogen fuel-cell fueling stations through a streamlined building permit process; and WHEREAS, the City’s Municipal Code (SBMC) does not currently address electric vehicle (“EV”) charging stations and hydrogen fuel-cell fueling stations through a streamlined building permit process; and
WHEREAS, the State of California adopted Assembly Bill (“AB”) 1236 and its companion AB 970, which mandate “by-right” administrative approval and strict timelines for local review to reduce barriers to EV charging infrastructure installations; and WHEREAS, AB 1236 requires every city and county in California to adopt an expedited and streamlined permitting process for EV charging stations and hydrogen fuel-cell fueling stations to support broader EV deployment goals; and
WHEREAS, AB 970 builds on California’s earlier EV charging permit streamlining law (AB 1236) by establishing specific deadlines for local jurisdictions to process electric vehicle charging station permit applications and tying automatic application approval to jurisdiction inaction; and
WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s / County’s reliance on environmentally damaging fossil fuels; and WHEREAS, the City of San Bernardino has a checklist of all requirements needed for expedited review posted on the city’s website; and
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Ordinance No. MC-1674
-2-
WHEREAS, adoption of this ordinance will bring the City of San Bernardino in compliance with State regulations;

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

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein
SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that recommending approval of Development Code Amendment 26-14 and this Ordinance No. MC-1662 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15308.

SECTION 3. Finding of Facts – Chapter 19.21
Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: Development Code Amendment DCA 26-14 is consistent with the General Plan in that permitting electric vehicle charging stations and hydrogen vehicle fueling stations in the City with specific objective development standards, is consistent with the goals and polices of the City of San Bernardino Circulation and Natural Resources and Conservation Elements, specifically:

Policy 12.6 – Reduce the amount of vehicular emissions in San Bernardino.

The City Council acknowledges and finds the proposed Development Code Amendment to permit electric vehicle charging stations and hydrogen fueling stations by-right is reasonably related to the public welfare of the citizens of the City and surrounding region; more specifically, the proposed Development Code Amendment includes appropriate development standards to ensure that the permitted stations meet all City public health and safety standards including Building and Safety Codes.

Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: The adoption and implementation of a Development Code Amendment that establishes procedures for expediting permitting processing for electrical vehicle charging systems and hydrogen fuel-celling stations promotes the development of these facilities within the City and the region as a whole and has a cumulative impact of reducing emissions in a county known for warehouses and trucking activities.

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Ordinance No. MC-1674
-3-
SECTION 3. Adoption of Ordinance. Development Code Amendment 26-14 adding Chapter 19.21 to the City of San Bernardino Municipal Code (Title 19) in compliance with state law is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 4. Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 26-14.

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

SECTION 6. Effective Date. This Ordinance takes effect thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this __ day of __________, 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Albert Maldonado, City Attorney
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Ordinance No. MC-1674
-4-

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 Ordinance No. MC-1674, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held at the 7
th
day of October, 2026. Ordinance No. MC-1674 was approved, passed and adopted at a regular meeting held the _ day of _____by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2026.

Telicia Lopez, CMC, City Clerk
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EXHIBIT A
CHAPTER 19.21

ELECTRIC VEHICLE CHARGING FACILITIES AND HYDROGEN VEHICLE

FUELING FACILITIES

19.21.010 PURPOSE
The purpose of this Chapter is to promote and encourage the development and use of zero-emission vehicle infrastructure by creating an expedited, streamlined permitting process that does not create unreasonable barriers to the installation of electric vehicle charging stations and hydrogen fueling stations while promoting public health and safety in a manner consistent with Government Code Section 65850.7. This Section does not discourage implementation of alternative fuels and energy systems within existing automobile service stations.

19.21.020 DEFINITIONS
A. “Electric Vehicle Charging Station” or “Charging Station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

B. A “small electric vehicle charging station” means a station that is designed and operated as a use ancillary to the primary permitted use on site (such as a single family residence, condominium, apartment, office building, commercial retail, parking lot, garage or structure) in order to deliver electricity to personal or commercial passenger vehicles and trucks owned or operated by individuals who either reside or work on the site or are guests on the site where the charging station is located.

C. A “large electric vehicle charging station” means a station that is designed and operated as the primary permitted use on the site in order to charge personal passenger vehicles and trucks and/or commercial passenger vehicles and trucks and which is open to the public, whether with or without the payment of fees, subscriptions or other monetary charges for the service. A “large electric vehicle charging station” includes the electrical and mechanical equipment as defined in Article 625 of the California Electrical Code, and any subsequent amendments, that is necessary to deliver electricity from a source outside and electric vehicle into a plug-in electric vehicle. It does not include ancillary equipment and facilities that are not directly necessary for the charging of plug-in electric vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sale kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this Ordinance and shall be subject to Administrative Architectural and Site Plan Review pursuant to Chapter 19.44 of the City of San Bernardino Development Code.

D. “Hydrogen Vehicle Fueling Station” or “Hydrogen station” means a station designed and operated as the primary permitted use on the site with the equipment used to deliver, store, and dispense hydrogen fuel to passenger or commercial vehicles according to industry codes and standards that is open to the public, whether with or without the payment of fees, Packet Page. 42
subscriptions or other monetary charges for service. A “hydrogen vehicle fueling station” includes the physical and mechanical equipment, as defined in industry codes and standards, that is necessary to deliver, store and dispense hydrogen to passenger or commercial vehicles. It does not include ancillary equipment and facilities that are not directly necessary for the delivery, storage and dispensing of hydrogen to hydrogen fuelcell vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this ordinance and shall be subject to Administrative Architectural and Site Plan Review pursuant to Chapter 19.44 of the City of San Bernardino Development Code.

E. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written local, state or federal public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

F. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.

G. “Electronic submittal” means the utilization of one or more of the following:

1. Electronic mail or email.

2. The internet.

3. Facsimile.

19.21.030 ELECTRIC VEHICLE CHARGING FACILITIES AND HYDROGEN

VEHICLE FUELING FACILITIES
A. Applicability.

This Chapter applies to the permitting of all electric vehicle charging stations and hydrogen vehicle fueling stations in the City. Electric vehicle charging stations and hydrogen vehicle fueling stations legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a charging station or hydrogen stations in such a way as to require a new permit.

B. Electric Vehicle Charging Station Requirements.

1. An electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and where applicable, rules of the Public Utilities Commission and Southern California Edison (“SCE”) or other applicable local electric utility company regarding safety and reliability.

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2. Installation of electric vehicle charging stations and associated wiring, binding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

C. Hydrogen Vehicle Fueling Station Requirements. A hydrogen vehicle fueling station shall meet all of the following standards, as applicable:

1. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.

2. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.

3. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the “Hydrogen Station Permitting Guidebook.” D. Expedited Permitting Process.

Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and hydrogen vehicle fueling stations and adopt checklists of all requirements with which electric vehicle charging stations and hydrogen vehicle fueling stations shall comply with in order to be eligible for expedited review. For electric vehicle charging stations, the expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. For hydrogen vehicle fueling stations, the expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Hydrogen Station Permitting Handbook” as published by the Governor’s Office of Business and Economic Development. The City’s adopted checklist shall be published on the City’s website.

E. Permit Application Process.

1. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station or hydrogen vehicle fueling station will not have specific, adverse impact to public health and safety and Packet Page. 44
building occupants. Verification by the applicant includes but is not limited to:
electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station or hydrogen station equipment and associated conduits/piping/ducting; and areas of charging station or hydrogen station equipment and vehicle circulation or parking.

2. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize, connect, fill or otherwise utilize an electrical vehicle charging station or hydrogen fueling station until approval and all necessary permits are granted by the City.

3. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

4. For an electric vehicle charging station, the Building Official shall issue the notice not later than:
(a) Five business days after submission of the application, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
(b) Ten business days after submission of the application, if the application is for more than 25 electric vehicle charging stations at a single site.

If the Building Official fails to issue a written correction notice to the applicant within the time prescribed, the application shall be deemed complete.

5. A permit application for an electric vehicle charging station shall demonstrate compliance with Southern California Edison utility policies prior to approval.

6. The Building Official shall allow for electronic submittal of permit applications covered by this Chapter and associated supporting documentation. In accepting such permit applications, the Building Official shall also accept electronic signatures on all form, applications, and other documentation in lieu of a wet signature by any applicant.

F. Permit Review.

1. The Building Official shall review all electric vehicle charging station and hydrogen vehicle fueling station applications to determine whether the charging station or hydrogen station meets all health and safety requirements of local, state, and federal law. The requirements in this Section are declared to be limited to those standards necessary to ensure that the charging station or hydrogen station will not have an unmitigated specific adverse impact on public health and safety.

Notwithstanding the expedited permit processing set forth in this Chapter, the Packet Page. 45
Building Official retains authority at all times to identify and address higher priority life-safety situations.

2. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist and is consistent with all applicable laws and safety standards, the Building Official shall, consistent with Government Code section 65850.7, as may be amended, approve the application and issue all necessary permits.

3. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station or hydrogen vehicle fueling station could have a specific, adverse impact upon the public health or safety, the City may deny the permit and require the applicant to apply for a conditional use permit pursuant to Chapter 19.36 of the City of San Bernardino Development Code. For an electric vehicle charging station, the Building Official shall issue the denial and finding not later than:
(a) Twenty business days after the application is deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
(b) Forty business days after the application is deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.

If the Building Official fails to issue to the applicant a written denial/finding and referral to the Planning Commission for a conditional use permit within the time prescribed, the application shall be deemed approved.

4. The Building Official’s decision may be appealed by the applicant to the Planning Commission by submitting a written request of review of such decision within five business days of such decision, requesting review of such decision by the Planning Commission. Such request shall be made in writing to the Community Development & Housing Department. Upon receipt of such request, the Community Development & Housing Department shall schedule the matter for Planning Commission review and shall forward to the Planning Commission for its consideration all of the documents and materials submitted with the permit application, together with a report of the decision of the Building Official and the reasons therefor. The Planning Commission may act upon the application as if it were the initial consideration of the application. No public hearing shall be required for such action. If the Planning Commission finds that there is not substantial evidence of a specific, adverse impact upon the public health or safety, the Planning Commission shall order issuance of the permits for the charging station or hydrogen station. If the Planning Commission finds that there is substantial evidence of a specific, adverse impact upon the public health or safety, the Planning Commission shall order that the applicant apply for a conditional use permit pursuant to Chapter

19.36 of the City of San Bernardino Development Code.

Packet Page. 46

5. Notwithstanding any provision of Chapter 19.36 to the contrary, an application for a conditional use permit to install an electric vehicle charging station or hydrogen vehicle fueling station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission’s decision may be appealed by the applicant to the City Council in the manner provided by Chapter

19.52 of the City of San Bernardino Development Code.

6. Any conditions imposed by the Building Official, Planning Commission or the City Council shall be designed to mitigate the specific adverse impact(s) upon the public health or safety at the lowest cost possible.

7. In the technical review of an electric vehicle charging station or hydrogen vehicle fueling station application, the Building Official, Planning Commission, or City Council shall not condition the approval of such a station by an association, as that term is defined in California Civil Code Section 4080.

G. Additional Objective Health and Safety Standards for Electric Vehicle Charging Stations and Hydrogen Vehicle Fueling Stations.

1. Building setbacks: Same as underlying zoning.

2. Amenities. Amenities and other ancillary equipment and facilities that are not directly necessary for the charging of plug-in electric vehicles from an outside source, or the delivery, storage or dispensing of hydrogen to hydrogen fuel-cell vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities, are not subject to the expedited application and permitting requirements of this ordinance but shall be subject to Administrative Architectural and Site Plan Review pursuant to Chapter 19.36 of the City of San Bernardino Development Code.

3. Building Height: Same as underlying zoning.

4. Security: All large electric vehicle charging stations and hydrogen fueling stations shall include a security plan subject to review and approval by the Community Development & Housing Department and the Police Department. The security plan may include, but is not limited to a security surveillance system, security personnel, or a perimeter wrought iron or tubular steel fence with visibility into the facility at a maximum height of 8 feet.

5. Vehicle Types and Circulation/Parking: The applicant shall identify the vehicle types served by the station.
(a) Access/Internal Circulation/ Egress from the Site. The applicant shall provide appropriate truck and other vehicle turning templates on plan Packet Page. 47
subject to review and approval by the City Planning Division and Public Works Engineering/Traffic.
(b) Driveways, parking, and queuing areas shall comply with all Fire Codes, Traffic Engineering and Planning/Zoning requirements.
(c) All proposed signage for the station shall be subject to Chapter 19.22 of the City of San Bernardino Development Code.

H. Fees.

The City Council may establish by resolution fees that shall be charged for permits issued under this Chapter.

Packet Page. 48
Packet Page. 49
Development Code Amendment 26-14
Electric Vehicle Charging
Presented by George Velarde, Senior Planner
Community Development and Housing Department
Packet Page. 50
Background:
• Electric Vehicles have a longstanding history
• 1901 Porche had developed the first hybrid
• 1908 Ford produced the Model T
• 1920-1935 decline in electric vehicles with internal combustion, abundance in oil and cheaper, widespread gas
• 1973- 1993 Organization of Petroleum Exporting Countries (OPEC) • 2010-present
Packet Page. 51
Background:
• California State and Regulatory Agencies goal setting • CalEPA
• California Air Resources Board (CARB)
Packet Page. 52
Significant Changes:

AB 1236
▪ Requires all California cities and counties to develop an expedited, streamlined permitting process for electric vehicle charging ▪Permit checklist online
▪Administrative, non-discretionary approval
▪Provide an incomplete letter
▪Provides definitions
Packet Page. 53
Significant Changes:

AB 970
▪Builds on California’s existing permit streamlining law (AB 1236) ▪Set time frames for review based on the number of chargers ▪Focus on review to health and safety requirements
▪Expands on local review
▪Discusses primary vs. accessory uses
Packet Page. 54
Flowchart and Timeframe
Packet Page. 55
Recommendation:

The Mayor and City Council:

1. Introduce, read by title only and waive further reading of Ordinance No. MC-1662 of the Mayor and City Council of the City of San Bernardino, California, establishing procedures for expediting permit processing for electric vehicle charging stations.

2. Schedule the adoption of Ordinance No. MC-1662 to the regularly scheduled meeting of the Mayor and City Council on October 21, 2026.

Packet Page. 56
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 4080272
Vanessa Alvarado

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

HRG - NOTICE OF HEARING
DEVELOPMENT CODE AMENDMENT 26-14
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:
09/26/2026
09/28/2026

SAN BERNARDINO
!A000007525390! Email Packet Page. 57

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 October 7, 2026 at 5:00 PM in the City Council Chambers in the Norman F.

Feldheym Central Library at 555 West 6th Street, 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:

DEVELOPMENT CODE AMENDMENT 26-14 – A City-initiated request to add a new chapter (19.21) to the San Bernardino Development Code establishing procedures for expediting permitting processing for electric vehicle charging systems and hydrogen fuel-cell fueling stations.

Environmental Determination: Exempt, pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Enviornment), Section 15303 (New Construction or Conversion of Small Structures), Section 15311 (Accessory Structures) and Section 15061(b)(3) of the State CEQA Guidelines
Applicant: City of San Bernardino – Community Development & Housing Department
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 City Clerk, 290 North D Street, San Bernardino, California 92401.

CNSB # 4080272
Packet Page. 58

PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Introduce Ordinance MC-1669 Amending 19.28
(Landscaping Standards) Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19)
Incorporating New Soil, Mulch, and Amendment
Requirements for Water Efficient Landscaping (All Wards).

Recommendation:

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

1. Conduct a Public Hearing;

2. Introduce Ordinance MC-1669 amending 19.28 (Landscaping Standards); Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19) Incorporating New Soil, Mulch, and Amendment Requirements for Water Efficient Landscaping (All Wards)

3. Schedule the adoption of Ordinance MC-1669 to the regular meeting of the Mayor and City Council on October 21, 2026.

City Manager's Comments
The City Manager recommends approval to introduce the Ordinance after opening the Public Hearing.

Executive Summary
The City of San Bernardino Development Code Section 19.28.120 Water Efficient Landscaping Standards was last amended by Municipal Code Ordinance (MC) 1368 in February 2012. The ordinance does not reflect all the language and requirements necessary to comply with California Code of Regulations, which requires jurisdictions to enforce Model Water Efficient Landscape Ordinance (“MWELO”), as enacted January 2, 2025. Therefore, the City Development Code must be amended with Packet Page. 59
language requiring applicable landscape projects to comply with the soil preparation, compost, mulch, and recycled/post-consumer organic mulch requirements of MWELO and SB 1383 implementing regulations.

Background
In 2016, the California Legislature and the Governor of California enacted Senate Bill (SB) 1383, which amended the California Code of Regulations (CCR) Title 14, Division 7, Chapter 12. The legislation (Short-lived Climate Pollutants (SLCP): Organic Waste Reductions) aims to reduce methane and other greenhouse gas (GHG) emissions statewide. SB 1383 is overseen by CalRecycle, while the implementation is managed by individual jurisdictions. In order to meet the requirements of SB 1383, which became effective as of January 1, 2022, all jurisdictions are expected to implement ordinances, franchise requirements, and other regulations as necessary to achieve compliance.

Failure to meet these requirements may result in administrative and financial penalties.

Title 14, Division 7, Chapter 12, Article 8, Section 18989.2 (Model Water Efficient Landscape Ordinance) of the California Code of Regulations requires that a jurisdiction adopt an ordinance or other enforceable requirement requiring compliance with Title 23, Division 2, Chapter 2.7, Section 493.2(d)(2), (3), (4), and (7) of MWELO, as enacted January 2, 2025. Although the current SBMC Title 19 does include much of the language and requirements of MWELO, it was last updated in 2012 prior to the current MWELO regulatory text.

Discussion
The City of San Bernardino Development Code Section 19.28.120 Water Efficient Landscaping Standards was last amended by Municipal Code Ordinance (MC) 1368 in February 2012. The ordinance does not reflect all the language and requirements necessary to comply with SB 1383 and MWELO respectively. Therefore, the City Development Code must be amended with language requiring applicable landscape projects to comply with the state-mandated MWELO soil preparation, compost, mulch, and recycled/post-consumer organic mulch provisions. The requirements of MWELO Sections 493.2(d)(2), (3), (4), and (7) read as follows:
493.2(d) Soil Preparation, Mulch, and Amendments.

2. Soil amendments shall be incorporated according to recommendations of the soil management report and what is appropriate for the plants selected (See Section 493.1)

3. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of pervious area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top six inches of soil are exempt from adding compost and tilling.

4. A minimum three-inch (3”) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turfgrass areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

Packet Page. 60
A. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch and identified in the landscape design plan (see Section 493.2(a)(11)).

7. Organic mulch made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available.

A. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. (Public Resource Code section 4291).

SB 1383 requires the City to adopt only the MWELO sections defined in the regulatory text – not the entirety of MWELO. However, to effectively implement the required sections of the MWELO, the City development code should also reflect other changes to applicable projects for the proposed subsection(s).

The proposed addition to the development code includes language to incorporate the applicable soil preparation, compost, mulch, and recycled/post-consumer organic mulch requirements set forth in Title 23, Division 2, Chapter 2.7, Section 493.2(d)(2), (3), (4), and (7) of the CCR. This language update includes by reference applicable provisions within the proposed section, including project thresholds. The specific section additions include Section 19.28.120(1)(B), confirming that the City’s Water Efficient Landscaping Standards are intended to be at least as effective as MWELO; Section 19.28.120(14), incorporating applicable MWELO provisions related to soil preparation, mulch, and amendments; Section 19.28.120(15), establishing restrictions on non-functional turf; and Section 19.28.120(16), adding definitions to support consistent interpretation and implementation of the amended standards. In doing so, the Development Code will have continuity with MWELO, SB 1383, and related water conservation requirements.

The proposed ordinance also retains non-functional turf restrictions and related definitions to support implementation of the City’s water efficient landscaping standards and to provide clear standards for applicants, staff, and the public.

The proposed ordinance was presented to Planning Commission held on June 9, 2026, where it was unanimously approved and forwarded as a recommendation to Mayor and City Council.

The proposed ordinance and accompanying staff were presented to the Mayor and City Council as a discussion item on September 2, 2026, and was unanimously approved. However, this change affects the City’s Development Standards – requiring the ordinance to be heard as a Public Hearing. A Notice of Public Hearing was published in a local paper on September 26, 2026.

The proposed ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that the adoption of an ordinance to Packet Page. 61
implement state-mandated water efficiency requirements will not result in a significant effect on the environment. The City is amending the existing Landscaping Standards in a capacity necessary to implement MWELO, as contained in Title 14, Division 7, Chapter 12, Article 8, Section 18989.2 of the California Code of Regulations. Therefore, no further CEQA review is required.
2021-2025 Strategic Targets and Goals
Ordinance No. MC-1669 Amending Section 19.28.120 Water Efficient Landscape Standards aligns with Key Target Goal No. 1e: Minimize risk and litigation exposure.

By updating the Development Code to reflect the requirements of the CalRecycle regulations, the City minimizes the risk of penalties and fines for non-compliance.

Fiscal Impact
It is anticipated projects subject to the new MWELO requirements can expect marginal increased costs for materials and hauling related to new landscaping compost and mulch incorporation. Other marginal costs may be associated with engineering design and compliance management. Landscape plan checks are not anticipated to see an increased cost and have an existing review and inspection workflow process.

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

1. Introduce Ordinance MC-1669 amending 19.28 (Landscaping Standards); Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19) Incorporating New Soil, Mulch, and Amendment Requirements for Water Efficient Landscaping (All Wards).

2. Schedule the adoption of the above Ordinance to the regular meeting of the Mayor and City Council on October 21, 2026.

Attachments

1. Attachment 1 19.28.120 Water Efficient Landscaping – Amendment Ordinance MC-1669

2. Attachment 2 Ordinance MC-1669

3. Attachment 3 Proof of Publication 20260926

4. Attachment 4 Powerpoint Presentation: 19.28.120
Water Efficient Landscaping –
Amendment Ordinance MC-1669
Ward:

All Wards
Synopsis of Previous Council Actions:

June 9, 2026 Resolution of the Planning Commission of the City of San Bernardino, California, Amending Title 19
(Land Use/Subdivision Regulations); Chapter

19.28 (Landscaping Standards); Section
Packet Page. 62

19.28.120 of the City of San Bernardino
Development Code (SBMC Title 19) In Order to
Update the Development Standards in
Compliance with Recent Changes in the State of
California Law Senate Bill 1383 Requiring Model
Water Efficient Landscape Ordinance (MWELO).

CC
Eric Levitt, City Manager
Packet Page. 63
LANDSCAPING STANDARDS – 19.28
III-19.28-1
CHAPTER 19.28

LANDSCAPING STANDARDS
Section Page

19.28.010 Purpose ........................................................................................................... III-19.28-1

19.28.020 Application ..................................................................................................... III-19.28-2

19.28.030 General Regulations ...................................................................................... III-19.28-2

19.28.040 Screening Requirements ............................................................................... III-19.28-4

19.28.050 Standards for Parking Areas ......................................................................... III-19.28-7

19.28.060 Setback and Parkway Treatment Standards ................................................. III-19.28-8

19.28.070 Corner Treatment Standards ......................................................................... III-19.28-9

19.28.080 Installation of Landscaping ........................................................................... III-19.28-9

19.28.090 Maintenance of Landscaping ........................................................................ III-19.28-9

19.28.100 Removal or Destruction of Trees ................................................................. III-19.28-9

19.28.110 Erosion Control Landscaping ........................................................................ III-19.28-10

19.28.120 Water Efficient Landscaping Standards ........................................................ III-19.28-10

19.28.130 Applicable Regulations .................................................................................. III-19.28-24 Tables

28.01 Screening Requirements ............................................................................... III-19.28-5 Guidelines
(G)19.28.140 Landscaping Design Guidelines ............................................................ III-(G)19.28-25

19.28.010 PURPOSE
The purpose of this Chapter is to establish landscaping regulations that are intended to:

1. Enhance the aesthetic appearance of development in all areas of the City by providing standards relating to quality, quantity and functional aspects of landscaping and landscape screening.

2. Increase compatibility between residential and abutting commercial and industrial land uses.

3. Reduce the heat and glare generated by development.

4. Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety.

5. Water is an increasingly and costly resource. It is the intent of this chapter to establish a water conservation plan to reduce water consumption in the landscape environment by using drought tolerant principals. (MC 871 5/2/93)
Packet Page. 64
LANDSCAPING STANDARDS – 19.28
III-19.28-2

19.28.020 APPLICATION
A concept landscaping plan shall be submitted as part of a permit application, pursuant to Chapter

19.32 (Applications and Fees).

The concept plan shall meet the intent of this Chapter by exhibiting a generalized design layout which adequately demonstrates the desired landscaping program in terms of location, size/scale, function, theme and similar attributes. The concept plan shall provide the review authority with a clear understanding of the landscaping program prior to the preparation of a detailed, comprehensive landscaping plan.

19.28.030 GENERAL REGULATIONS
The comprehensive landscaping plan shall be prepared following approval of the permit application by the review authority. Submittal of the comprehensive plan shall be concurrent with the grading plan(s) and other documents and reports. This section and those that follow provide the regulations to be followed in the preparation of the comprehensive landscape program.

In addition to the following regulations, the Director of Community Development shall have the discretion to determine the conformance of a landscape and irrigation plan.

1. Landscape designs shall be in harmony with the surrounding environment.

2. Landscape design and construction shall emphasize drought-tolerant landscaping whenever/wherever possible.

3. Processing of landscape plans shall conform to the policies and procedures of the Department of Community Development. A fully dimensioned comprehensive landscape and irrigation plan shall include, but not be limited to:
+List of Plants (Common & Latin)
+Size
+Location
+Irrigation Plan
+Hardscape
+Water Elements
+Any other information
deemed necessary by the
Director

4. The planting of trees and shrubs shall comply with the following installation requirements:

A. Landscape areas shall have plant material selected and planting methods used which are suitable for the soil and climatic conditions of the site. Sizes of the plant materials shall conform to the following mix:

Trees
20%, 24 inch box;
50%, 15 gallon;
Packet Page. 65
LANDSCAPING STANDARDS – 19.28
III-19.28-3
In addition, mature trees shall be provided for variety and emphasis of focal areas as follows:
15% mature specimen trees in 36 inch box
15% mature specimen trees in 48 inch box
Shrubs
80%, 5 gallon; and
20%, 1 gallon
Groundcover
100% coverage within 1 year
B. Trees shall be long-lived (minimum life expectancy of 60 years), clean, require little maintenance, be structurally strong, insect and disease resistant, and require little pruning.

C. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines, Traffic Safety Sight Area, basic property rights of adjacent property owners, particularly the right of solar access, pursuant to Section 19.20.030 (23) (Solar Energy Design Standards).

D. Trees planted near public curbs shall have a limited root structure and shall be installed in such a manner as to prevent physical damage to sidewalks, curbs, gutters and other public improvements. A deep root system shall be used.

5. Where trees are planted in paved areas, they shall have a protective tree grate. Tree grates shall be caste iron with a natural finish. A deep root system shall be used.

6. Concrete mow strips are required to separate all turf areas from other landscaped areas for all developments except single family residential.

7. Buffer planting shall occur along all freeways and major arterials in order to visually screen uses and provide noise reduction. This landscaping shall be in addition to screening requirements set forth in Section 19.28.040 below.

8. Appropriate shrubbery and creeping vines shall be provided along all walls and fences adjoining public rights-of-way.

9. When inorganic groundcover is used, it shall be in combination with live plants and shall be limited to an accent feature.

10. All landscaping shall have an approved automatic irrigation system.

11. All residential subdivisions shall be provided with trees, shrubs, and ground cover of a type and quality generally consistent or compatible with those characterizing single-family homes in the front yard and that portion of the side yards which are visible from the street. All landscaped areas shall be provided with an automatic irrigation system adequate to insure their viability.

The landscape and irrigation plans shall be approved by the Community Development Department.

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LANDSCAPING STANDARDS – 19.28
III-19.28-4

19.28.040 SCREENING REQUIREMENTS

1. Every development shall provide sufficient screening so that neighboring properties are effectively shielded from any adverse impacts of that development or so that the new developing use shields itself from existing potential impacts from uses already in operation.

2. Table 28.01 sets forth the type of screening method required between various uses in order to provide a mechanism to buffer potential negative impacts. To determine the type of screening required (Type A, B, or C), find the use in the "Developing Use" column which is similar to the proposed use to be developed and follow that line across the page to its intersection with the type of use(s) that adjoins the property to be developed. For each intersection square that contains a letter, the developer is required to install the level of screening indicated.

Packet Page. 67
LANDSCAPING STANDARDS – 19.28
III-19.28-5
TABLE 28.01

SCREENING REQUIREMENTS
Kennels A A A C C A C
Veterinary Hospitals
with Boarding A A A C C A C
Not Totally Enclosed
within a Structure A A A A
Totally Enclosed within
a Structure C C C A C
Scrap Materials,
Salvage Yards A A A A C
Uses Conducted
Substantially Outdoors A A A A C
Uses Conducted Totally
Indoors C C C A C
Restaurants & Night
Clubs A A A A A A A A C A A A
Hotels & Motels B B A B A A A A A C A A A
Commercial Recreation B B B B B C A B A
Equipment Rental Yard A A A A C B
Auto Service & Repair A A A A C B A
Retail Sales B B A C A A B A A B A A A
Fraternal Clubs, Lodges,
Union Halls C C C C C A A C A A B A A
Hospitals & Clinics over
10,000 s.f. A A C A C A C A A A A B B A A A A A A A
Churches & Associated
Uses B B B C C A B A A C A A A B A A
Schools (public/private)
and Libraries A C A B A A A A A A C A B A A A B A A A
All Office Uses Including
Medical A A B A A C B C A A C A A A B A A A
Adult & Child Care
Facilities B B C C A C A B A A A A B A A A A A A A A A
Group Care Facilities B B C A A A A B A A A A B A A A A A A A A A Mobile/Modular Home
Parks C C B C B B A B A A A A B A A A A A A A A A
Multi-Family
Residences C B B C B B A B A A A A A A A A A A A A A A
One & Two-Family
Residences A B A B A B A B A A A A A A A A A A A A A A
Adjacent Existing or
Permitted Use
One & Two-Family ResidencesMulti-Family ResidencesMobile/Modular Home ParksGroup Care FacilitiesAdult & Child Care FacilitiesAll Office Uses Including MedicalSchools (public/private) and LibrariesChurches & Associated UsesHospitals & Clinics over 10,000 s.f.Fraternal Clubs, Lodges, Union HallsRetail SalesAuto Service & RepairEquipment Rental YardCommercial RecreationHotels & MotelsRestaurants & Night ClubsUses Conducted Totally IndoorsUses Conducted Substantially OutdoorsScrap Materials, Salvage YardsTotally Enclosed within a StructureNot Totally Enclosed within a StructureVeterinary Hospitals with BoardingKennels

DEVELOPING USE

1. RESIDENTIAL2. OFFICE, FINANCIAL

3. INSTITUTIONAL,
SOCIAL

4. COMMERCIAL

5. MANUFACTURING
& STORAGE

6. PUBLIC UTILITY

INSTALLATIONS

7. OTHER USES
Packet Page. 68
LANDSCAPING STANDARDS – 19.28
III-19.28-6

3. The three basic types of screens that are required by Table 28.01 "Screening Requirements," are as follows:

A. OPAQUE SCREEN, TYPE A
A screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of a wall, fence, or densely planted vegetation. Compliance of planted vegetative screens will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 10 feet wide. Suggested planting patterns are shown in Figure 28-1.

B. SEMI-OPAQUE SCREEN, TYPE B
A screen that is opaque from the ground to height of 3 feet, with intermittent visual obstruction from above the opaque portion to a height of at least 20 feet. The semiopaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, or planted vegetation. Compliance of planted vegetative screens will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 15 feet wide.

C. BROKEN SCREEN, TYPE C
A screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen may contain deciduous plants.

4. The screening requirements set forth in this section may be interpreted with some flexibility by the Director and Commission in their enforcement of the standards.

It is recognized that because of the wide variety of types of developments and the relationships between them, it is neither possible nor prudent to establish inflexible screening requirements.

Therefore, minor deviations may be granted to allow less intensive screening, or requirements for more intensive screening may be imposed, whenever such deviations are more likely to satisfy the intent of this section.

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19.28.050 STANDARDS FOR PARKING AREAS
In addition to landscaping of all required setback areas, a minimum of 15% of the net area of all surface parking areas shall be landscaped as follows:

A. Where parking areas adjoin a public right-of-way, a landscaped planting strip equal to the required yard setback shall be established and continuously maintained between the public right-of-way and parking area. Any planting, sign, or any other structure within safety sight distance of a driveway shall not exceed 30 inches in height.

B. Provisions shall be made to ensure that adequate pedestrian paths are provided throughout the landscaped areas. At least one 24-inch box tree for every four spaces shall be included in the development of the overall landscape program. The maximum spacing between trees in parking areas shall be 30 feet; however, appropriate clustering of trees may be permitted.

C. All areas in a parking lot not used for driveways, maneuvering areas, parking spaces, or walks, shall be permanently landscaped with suitable materials and permanently maintained, pursuant to a program submitted by the applicant and approved by the Director of the Parks and Recreation Department.

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D. All landscaped areas shall be bordered by a concrete curb that is at least six inches high and six inches wide. All landscaped areas shall be a minimum of six feet in width. Concrete now strips at least six inches deep and four inches wide shall be required to separate turf areas from shrub areas.

E. A permanent and automatic irrigation system shall be installed and permanently maintained in all landscaped areas. The system shall employ state-of-the-art water conservation technology and recognize differing irrigation needs of various plant materials.

F. The landscaping plan shall provide for a variety of plant materials, with an emphasis on drought tolerant species, appropriate for the local environment and shall include a legend showing common names, sizes, quantities, location, dimensions of planted area, and percentage of parking lot landscaping.

G. To increase the parking lot landscaped area, a maximum of 2½ feet of the parking stall depth may be landscaped in lieu of asphalt while maintaining the required parking dimensions. This overhang is in addition to the required yard setbacks. (MC 1381 12/19/12)

19.28.060 SETBACK AND PARKWAY TREATMENT STANDARDS
Landscape plans for setback and parkway areas shall include, but not be limited to the following:

1. Setback and parkway areas shall be properly designed and landscaped in order to establish a high level of development quality while providing for neighborhood identity where appropriate. The design shall utilize uniform street tree plantings with complementary landscape materials.

2. Provide a design which ensures the desired screening, shading, appearance and compatibility with established setback and parkway areas, including a sensitive transition between diverse landscape types and patterns.

3. Incorporate mounding within the overall design, with landscaped slopes not exceeding a 3:1 ratio, or three feet in height. A minimum of six feet of landscaping shall be placed on the exterior of perimeter walls and fences.

4. Incorporate walls and fences into the landscape design, including the special treatment of meandering walls, and wall breaks or openings where the design shall complement the interior landscaping of the adjacent development.

5. Street tree varieties and exact location shall be determined by the Director of Community Development. The Community Development Department shall approve the locations and inspect plant material on-site, prior to planting. Sidewalks, curb and gutter, must be clean of debris prior to marking. A 24-hour notice is required for inspection. The size of the street trees shall be 24 inch box specimens. The 24 inch box trees shall be planted as street trees within the public parkway or City property.

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19.28.070 CORNER TREATMENT STANDARDS
Landscape plans for any development involving corner lots shall include additional special design requirements, including, but not limited to the following:

1. A minimum landscape area of 300 square feet for corner areas.

2. Incorporate significant landscape and water features, including specimen trees, coordination with wall breaks or openings, and special "city entry" image treatment wherever appropriate.

3. Specimen trees shall be a minimum of 48-inch box size.

4. Ensure that any corner landscape plan within the "Traffic Safety Sight Area," as defined, shall be designed to protect public safety.

19.28.080 INSTALLATION OF LANDSCAPING
All required landscaping shall be property installed, irrigated, inspected and permanently maintained prior to use inauguration or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation.

19.28.090 MAINTENANCE OF LANDSCAPING

1. Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

2. Prior to the issuance of a Certificate of Occupancy, the landowner shall file a maintenance agreement or covenant and easement to enter and maintain, subject to the approval of the City Attorney. The agreement or covenant and easement to enter and maintain shall ensure that if the landowner, or subsequent owners, fails to maintain the required/installed site improvements, the City will be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance.

19.28.100 REMOVAL OR DESTRUCTION OF TREES
Removal of healthy, shade providing, aesthetically valuable trees shall be discouraged. In the event that more than five trees are to be cut down, uprooted, destroyed or removed within a 36 month period, a permit shall first be issued by the Department. An arborist survey and report may be required at the developer’s expense, to evaluate existing trees prior to the issuance of a tree removal permit, as determined by the Director of Community Development. Unless there is a pre-approved tree replacement plan, each tree that is removed in a new subdivision and is determined to be of significant value by the Community Development Director shall be replaced with a 36 inch box specimen tree in the subdivision in addition to any other required landscaping. Such a plan does not necessarily require a tree for tree replacement provision. Commercial tree farms, City Government projects, and individual single-family residential lots less than one acre shall be exempt from this provision.

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19.28.110 EROSION CONTROL LANDSCAPING
Landscaping for the purpose of erosion control shall be in compliance with the standards outlined in Chapter 15 of the Municipal Code.

19.28.120 WATER EFFICIENT LANDSCAPING STANDARDS
(MC 1368 02/08/12)

1. PURPOSE AND INTENT
A. The purpose of this Chapter is to:
(1) Promote the aesthetic and recreational values of landscapes, while recognizing the need to invest water resources as efficiently as possible; (2) Establish a structure for planning, designing, installing and maintaining water efficient landscapes in new construction and rehabilitated projects; (3) Establish provisions for water management practices and water waste prevention in the irrigation of existing landscapes;
(4) Implement water quality management practices that minimize storm water and irrigation runoff, to achieve on-site filtration and groundwater recharge; (5) Promote and encourage the use of low water use plants in landscapes; (6) Minimize the use of cool season turf;
(7) Promote conservation of potable water by encouraging the use of recycled water and water-conserving technology in landscape irrigation; and (8) Promote public education about water conservation and water efficient landscape irrigation.

B. This Chapter is intended to be at least as effective as the Model Water Efficient Landscape Ordinance (MWELO), as set forth in Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, as may be amended from time to time.

2. APPLICABILITY
After January 1, 2010, the provisions of this Chapter shall apply as follows:
(1) This Chapter shall apply to all new construction and rehabilitated landscape projects with a landscape area equal to or greater than 500 square feet, consistent with Section 491 of the Model Water Efficient Landscape Ordinance.; Packet Page. 73
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(2) .

B. Limited applicability. Existing landscapes, cemeteries and certain Special Landscape Areas are exempt from the provisions of this Chapter as follows:
(1) Existing landscapes installed before January 1, 2010 and exceeding one acre in area are subject only to water waste prevention and efficient irrigation requirements of Sections 19.28.110(12) and 19.28.110(13).
(2) New cemeteries or cemetery expansion projects exceeding 2,500 square feet in landscape area shall be subject to the Water Efficient Landscape worksheet requirement and the irrigation analysis and maintenance requirements of Section

19.28.110(9) and Section 19.28.110(10).
(3) New development or rehabilitation of landscapes including Special Landscape Areas (SLAs), such as edible landscapes, landscapes irrigated with recycled water, and active parks or sport field landscaping shall be subject to the provisions of this Ordinance, except that the Maximum Applies Water Allowance (MAWA) shall be adjusted to provide for adequate irrigation of SLAs.

C. Exemptions. The provisions of this Chapter shall not apply to the following exempt landscapes:
(1) Registered local, state or federal historic sites;
(2) Ecological restoration projects that do not require permanent irrigation systems; (3) Mined land restoration projects that do not require permanent irrigation systems; (4) Botanical gardens and arboretums open to the public.

3. LANDSCAPE DESIGN STANDARDS AND PLANNING GUIDELINES
For the efficient use of water, landscapes shall be carefully designed and planned to thrive in local soil and climatic conditions and to suit the intended function of the project. The following design guidelines shall also be considered in landscape planning:

A. Plant Selection:
(1) Native plants and drought-tolerant species are encouraged to promote low maintenance, water efficient landscapes.

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(2) Any plant may be used in the landscape, provided that the Estimated Annual Applied Water Use (EAWU) does not exceed the Maximum Annual Applied Water Allowance (MAWA).
(3) Plants with similar water use requirements shall be grouped together in “hydrozones” wherever possible.
(4) Turf areas should be limited mainly to active recreation areas and small lawns.

Where turf is used, it should not be planted on slopes greater than 4:1, and warm season varieties are preferred.
(5) Fire resistant plant species and fuel modification requirements shall be top priority for landscape design in high fire hazard areas.
(6) Invasive plant species should be avoided, especially near natural areas, fuel modification zones, parks and water bodies.
(7) The use of mulch is encouraged for moisture retainment. (8) Plant placement shall be planned to create shade in summer and permit solar gain in winter.
(9) Plant size and root characteristics at maturity should be considered in plant selection and placement, to avoid damage to property or infrastructure. (10) Plant selection and water use classifications shall be based on the most current edition of the Water Use Classification of Landscape Species (WUCOLS).

B. Water Features:
(1) Recirculating water systems shall be used for all decorative water features. (2) If available, recycled water should be used in decorative water features, except pools and spas.
(3) The surface area of a water feature shall be included in MAWA calculation with an evaporation rate equivalent to that of a high water use plant. (4) Pool and spa covers are highly recommended.

C. Content Requirements of Landscape Design Plans:
(1) Each hydrozone shall be identified as a “low”, “moderate”, “high”, or “mixed” water use zone.
(2) Landscape areas with unique water budget considerations, such as recreation areas, areas dedicated to edible landscapes, and areas to be irrigated with recycled water shall be delineated.

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(3) Areas planned for soil amendments, mulch application, surface water features, and hardscapes (pervious and impervious) shall be delineated with applicable notes regarding installation and design.

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(4) On-site design measures for storm water quality management shall be identified to demonstrate consistency with the corresponding Water Quality Management Plan (WQMP).

4. IRRIGATION REQUIREMENTS
A. All irrigation systems shall be designed and maintained to prevent runoff, over-spray, low head drainage and other conditions of water waste. Soil types and infiltration rates shall be considered when designing irrigation systems, and irrigation plans shall be designed to meet specific water needs of each hydrozone, to maximize the efficiency of the irrigation systems. All non-turf areas shall be irrigated with low-volume irrigation systems.

B. Dedicated (separate) landscape water meters shall be installed at new project sites with landscape areas greater than 5,000 square feet, subject to concurrence of the water purveyor.

C. The following equipment shall be required to control water waste in new irrigation systems subject to this Ordinance.
(1) Automatic irrigation controllers that utilize evapotranspiration or soil moisture sensor data to adjust the frequency and/or duration of irrigation in response to changing weather conditions.
(2) Rain sensors with automatic shut-off features.
(3) Anti-drain check valves to prevent low-head drainage in sprinkler heads. (4) Pressure regulators as needed when the static water pressure exceeds the maximum recommended operating pressure.
(5) Manual shut-off valves located as close as possible to the point of connection to the water supply, to minimize water loss in case of an emergency or a routine repair. (6) A master shut-off valve or flow sensor device shall be installed to detect high flow conditions.

D. Irrigation Design Standards:
(1) The irrigation systems shall be designed and installed to conform to the project water budget (MAWA), based on planting plans for the project hydrozones; (2) Overhead irrigation shall not be permitted within a 24-inch setback from any nonpermeable surface. Allowable irrigation within such setback areas may include drip, drip line, or other low flow, non-spray technology. The setback may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:
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entirely to landscaping; or
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c. the irrigation designer specified an alternative design or technology as part of the Landscape Documentation Package, and clearly demonstrates compliance with the requirements of this Ordinance.
(3) Slopes greater than 25% shall not be irrigated within an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the irrigation designer specified an alternative design or technology as part of the Landscape Documentation Package, and clearly demonstrates that no excess runoff or erosion will occur. This demonstration shall be confirmed by an irrigation audit.

E. The irrigation plan shall be prepared separate from the landscape planting plan, but it shall be consistent with the planting plan and shall conform to all the requirements of this Ordinance.

F. A Water Management Plan shall be prepared to accompany the irrigation plan, in accordance with the requirements of this Ordinance. The Water Management Plan shall describe the irrigation system in detail, identify parties responsible for maintenance of the irrigation system, and set a plan and schedule for management of the system.

G. Recycle Water. Dual water distribution systems allowing irrigation with recycled water are encouraged, and may be required to be installed on new construction sites, at the discretion of the water purveyor, and subject to availability.

5. LANDSCAPE SOIL MANAGEMENT AND LANDSCAPE GRADING

REQUIREMENTS
A. Soil testing shall be performed after mass grading and prior to landscape installation, to ensure the selection of plant materials is suitable for the site. The soil analysis shall be incorporated in a soil management plan, including the following:
(1) A determination of soil texture, indicating the available water holding capacity; (2) An approximate soil infiltration rate, or a range of infiltration rates; (3) Measures of pH and total soluble salts; and
(4) Soil management and amendment regulations.

B. Grading of landscape areas shall be designed to minimize unnecessary soil compaction, erosion, and water waste. Landscape grading shall be designed to prevent runoff, avoid disruption and natural drainage patterns and to support on-site infiltration of storm water and irrigation water for water quality management.

6. LANDSCAPE PLAN SUBMITTAL REQUIREMENTS
A Landscape Documentation Package prepared by a licensed landscape architect shall be required for any new construction of landscape or landscape rehabilitation that is normally subject to building or landscape plan review and permits. The Landscape Documentation Package shall contain the following elements:

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A. Project information:
(1) Date;
(2) Project applicant;
(3) Project address or location;
(4) Total landscape area in square feet;
(5) Project type (e.g., new, rehabilitated, public, private, developer or homeowner installed, cemetery, park, etc.);
(6) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor;
(7) Checklist of all documents in the Landscape Documentation Package; (8) Contact information for the project applicant and property owner; (9) Applicant signature, dated with the statement, “I agree to comply with the requirements of the Water Efficient Landscape Ordinance and submit a complete Landscape Documentation Package.”
B. Water Efficient Landscape Worksheet. Worksheet examples, sample calculations and the Reference Evapotranspiration (ETo) Table for the City of San Bernardino are available in the Department of Community Development to guide preparation of the required elements of the Water Efficient Landscape Worksheet, including:
(1) Hydrozone information table;
(2) Water budget calculations:
(a) Maximum Applied Water Allowance (MAWA);
(b) Estimated Total Water Use (ETWU);
C. Landscape design plan, prepared according to Section 19.28.120(3); D. Irrigation design plan, prepared according to Section 19.28.120(4); E. Soil management report, prepared according to Section 19.28.120(5)(A); and F. Grading design plan, prepared according to Section 19.28.120(5)(B).

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7. COMPLIANCE DOCUMENTATION
A. Certificate of Completion. Prior to issuance of a Certificate of Occupancy or final inspection for a new construction project or a landscape rehabilitation project, a Certificate of Completion shall be submitted to the City, signed by a licensed landscape architect to certify that:
(1) The landscaping has been installed in conformance with the approved planting and irrigation plans;
(2) The automatic irrigation controller has been set according to the irrigation schedule; (3) The irrigation system has been adjusted to maximize irrigation efficiency and eliminate over-spray and runoff; and
(4) A copy of the irrigation schedule has been given to the property owner.

B. Completed Landscape Documentation Packages and Certificated of Completion shall be made available for review by the water purveyor. Sites found to be out of compliance with the provisions of this Ordinance may be subject to landscape water audits and compliance enforcement by the water purveyor.

8. IRRIGATION SCHEDULING
A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health.

Irrigation schedules shall meet the following criteria:
(1) Irrigation scheduling shall be regulated by automatic irrigation controllers. (2) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside of the normal watering window is allowed for auditing and system maintenance.
(3) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current ETo, so that applied water meets the ETWU. Total annual applied water shall be less than or equal to (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

9. LANDSCAPE AND IRRIGATION MAINTENANCE SCHEDULE
A. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.

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B. A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning and weeding in all landscape areas; and removing any obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

C. Repair of all irrigation equipment shall be cone with the originally installed components or their equivalents.

D. A project applicant is encouraged to implement sustainable or environmentally friendly practices for overall landscape maintenance.

10. IRRIGATION AUDIT, IRRIGATION SURVEY, AND IRRIGATION WATER USE

ANALYSIS
A. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

B. For new landscape construction and rehabilitated landscape projects installed after January 1, 2010:
(1) The project applicant shall submit an irrigation audit report with the Certificate of Completion to the City that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. (2) The City or the water purveyor may conduct or require an irrigation water use analysis, irrigation audit or irrigation survey for compliance with the MAWA.

C. For existing landscapes that were installed before January 1, 2010 and are over one acre in size, the City or the water purveyor may require irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations a necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes, which shall be calculated as: MAWA = (0.8)(ETo)(LA)(0.62). All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

11. IRRIGATION EFFICIENCY
A. For the purpose of determining Maximum Applied Water Allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 0.71.

12. PROVISIONS FOR EXISTING LANDSCAPE
A. The City or the water purveyor may enforce the requirements contained in this Ordinance, and may assess penalties for water waste in existing landscapes constructed prior to January 1, 2010.

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13. WATER WASTE PREVENTION
A. Water waste resulting from inefficient landscape irrigation is prohibited. Runoff of irrigation water into the public right-of-way caused by low head drainage, broken sprinkler heads, overspray or other similar conditions shall be prohibited. Overspray or runoff onto adjacent property, non-irrigated areas walks roadways parking lots, or structures shall be prohibited Restrictions regarding overspray ad runoff may be modified if:
(1) The landscape area is adjacent to permeable surfacing and no runoff occurs; or (2) The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

14. MODEL WATER EFFICIENCY ORDINANCE (MWELO) SOIL PREPARATION, MULCH, AND AMENDMENTS. (Ordinance MC-XXX)
A. All applicable provisions of the Model Water Efficient Landscape Ordinance (MWELO), as set forth in Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, are hereby incorporated by reference. The provisions of MWELO shall apply in the event of any conflicts with the other terms and conditions of this chapter.

15. NON-FUNCTIONAL TURF RESTRICTIONS.

A. ‘Non-functional turf’ means turf that is ornamental and not regularly used for human recreational purposes.

B. The use of potable water for irrigation of non-functional turf on commercial, industrial, and institutional properties is prohibited in accordance with California law.

C. Turf shall be prohibited in: (1) Medians and parkways; (2) Slopes greater than 25 percent; and (3) Landscape areas less than 10 feet in width.

D. Turf shall be limited to functional areas only in all new development.

16. DEFINITIONS
The terms used in this ordinance have the meaning set forth below:

A. “Applied water” means the portion of water supplied by the irrigation system to the landscape.

B. “Automatic irrigation controller” means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather based) or soil moisture data.

C. “Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

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D. “Certificate of Completion” means the document required under Section 19.28.120(7).

E. “Certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization, or other program such as the US Environmental Protection Agency’s WaterSense irrigation designed certification program and Irrigation Association’s Certified Irrigation Designer Program.

F. “Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor Program.

G. “Check valve” or “anti-drain valve” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

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H. “Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

I. “Conversion factor (0.62)” means the number that converts acre-inched per acre per year to gallons per square per square foot per year.

J. “Drip irrigation” means any non-spray mow volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

K. “Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

L. “Effective precipitation” or “Usable rainfall” (Eppt) means the portion of total precipitation which becomes available for plant growth.

M. “Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.

N. “Established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

O. “Establishment period of the plants” means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment.

Typically, most plants are established after one or two years of growth.

P. “Estimated Total Water Use” (ETWU) means the total water used for the landscape as described in Section 19.28.120(6)(B).

Q. “ET Adjustment Factor” (ETAF) means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape.

A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of the calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7)=(0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes is 0.8.

R. “Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specific time.

S. “Functional turf” means turf that is regularly used for human recreational purposes or civic activities, including, but not limited to, sports fields, parks, playgrounds, and picnic areas. Turf located in areas not intended for such active use, including ornamental or aesthetic purposes only, shall not be considered functional turf.

T. “Flow rate” means the rate at which water flows through pipes, valves and emission Packet Page. 85
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devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

U. “Graywater” means untreated wastewater that has not come into contact with toilet waste and includes, but is not limited to, wastewater from bathtubs, showers, bathroom wash basins, clothes washing machines, and laundry tubs. Graywater does not include wastewater from kitchen sinks or dishwashers and may be reused for landscape irrigation in accordance with applicable state and local regulations.

V. “Hardscapes” means any durable material (pervious and non-pervious).

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W. “Homeowner-provided landscaping” means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for the purposes of this Ordinance, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner-occupied dwellings.

X. “Hydrozone” means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

Y. “Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

Z. “Invasive plant species” means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agriculture agencies as noxious species. “Noxious weeds” means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

AA. “Irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. AN irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule.

BB. “Irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements.

CC. “Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test and written recommendations to improve performance of the irrigation system.

DD. “Irrigation water use analysis” means an analysis of water use data based on meter readings and billing data.

EE. “Landscape architect” means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615.

FF. “Landscape area” means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation.

The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, or other pervious or nonpervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation.)
GG. “Landscape contractor” means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

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LANDSCAPING STANDARDS – 19.28
III-19.28-25
HH. “Landscape Documentation Package” means the documents required under Section

19.28.110(6).

II. “Landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this Ordinance, meeting requirements under Section

19.28.110(2).

JJ. “Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

II. “Local agency” means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project.

JJ. “Local water purveyor” means any entity, including a public agency, city, county, or private water company that provides retail water service.

KK. “Low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

LL. “Main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet.

MM. “Maximum Applied Water Allowance” (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section

19.28.110(6)(B). It is based upon the area’s reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowances. Special Landscape Areas, including recreation areas, area permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.

NN. “Microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

OO. “Mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

PP. “Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

Packet Page. 88
LANDSCAPING STANDARDS – 19.28
III-19.28-26
QQ. “New construction” means, for the purpose of this Ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

RR. “Non-functional turf” means turf that is not regularly used for human recreational purposes or civic activities and serves a primarily ornamental or aesthetic purpose.

Non-functional turf includes, but is not limited to, turf located in medians, parkways, streetscapes, commercial landscaping, and other areas where public access or active use is limited or absent.

SS. “Operating pressure” means the pressure at which the parts of an irrigation system are designed be the manufacturer to operate.

TT. “Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).

UU. “Overspray” means the irrigation water which is delivered beyond the target area.

VV. “Permit” means an authorizing document issued by local agencies for new construction and rehabilitated landscapes.

WW. “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.

XX. “Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this Ordinance, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Ordinance are derived from the Department of Water Resources 2000 publication “Water Use Classification of Landscape Species”.

YY. “Precipitation rate” means the rate of application of water measured in inches per hour.

ZZ. “Project applicant” means the individual or entity submitting a Landscape Documentation Package required under Section 19.28.110(6), to request a permit, plan check, or design review from the City. A project applicant may be the property owner or his or her designee.

AAA. “Rain sensor” or “rain sensing shutoff device” means a component which automatically suspends an irrigation event when it rains.

BBB. “Record drawing” or “as-builts” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

CCC. “Recreational area” means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface.

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LANDSCAPING STANDARDS – 19.28
III-19.28-27
DDD. “Recycled water”, “reclaimed water”, or “treated sewage effluent water” means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

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LANDSCAPING STANDARDS – 19.28
III-19.28-28
EEE. “Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in the sample materials referenced in Section 19.28.110(6)(B), and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated.

FFF. “Rehabilitated landscape” means any re-landscaping project that requires a permit, plans check, or design review, meets the requirements of Section 19.07.020, and the modified landscape area is equal to or greater than 2,500 square feet, is 50% of the total landscape area, and the modifications are completed within one year.

GGG. “Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

HHH. “Smart irrigation controller” means an automatic irrigation controller that uses evapotranspiration (weather-based) data or soil moisture sensor data to automatically adjust irrigation scheduling in response to changing environmental conditions, including temperature, rainfall, humidity, and soil moisture levels, in order to optimize water use efficiency.

III. “Soil moisture sensing g device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

JJJ. “Soil texture” means the classification of soil based on its percentage of sand, silt, and clay.

KKK. “Special Landscape Area” (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active pan such as parks, sports fields, golf courses, and where turf provides a playing surface.

LLL. “Sprinkler head” means a device which delivers water through a nozzle.

MMM. “Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing.

NNN. “Station” means an area served by one valve or by a set of valves that operate simultaneously.

OOO.“Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

PPP. “Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue and Tall fescue are cool-season grasses.

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LANDSCAPING STANDARDS – 19.28
III-19.28-29
Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

QQQ. “Valve” means a device used to control the flow of water in the irrigation system.

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LANDSCAPING STANDARDS – 19.28
III-19.28-30
RRR. “Water conserving plant species” means a plant species identified as having a low plant factor.

SSS. “Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features, and therefore, are not subject to the water budget calculation.

TTT. “Watering window” means the time of day irrigation is allowed.

UUU. “WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000. (MC 1320 1/4/10)

19.28.130 APPLICABLE REGULATIONS
All landscape plans shall be subject to the applicable regulations of the Development Code, including, but not limited to, Article IV, Administration provisions.

Packet Page. 93
Ordinance No. 1669
1 ORDINANCE NO. MC-1669

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING TITLE 19 (LAND USE/SUBDIVISION
REGULATIONS); CHAPTER 19.28 (LANDSCAPING
STANDARDS); SECTION 19.28.120 OF THE CITY OF SAN
BERNARDINO DEVELOPMENT CODE (SBMC TITLE 19)

TO UPDATE WATER EFFICIENT LANDSCAPING
STANDARDS IN ACCORDANCE WITH SENATE BILL 1383

AND THE MODEL WATER EFFICIENT LANDSCAPE

ORDINANCE
WHEREAS the City of San Bernardino, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City recognizes that efficient water use and sustainable landscape practices will support responsible resource management and contribute to the health, safety, and welfare of the community; and
WHEREAS, the Model Water Efficient Landscape Ordinance (“MWELO”) is set forth in Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, and local agencies must adopt, implement, and enforce MWELO or a local water efficient landscape ordinance that is at least as effective as MWELO; and
WHEREAS, California Code of Regulations, Title 14, Division 7, Chapter 12, Article 8, Section 18989.2, adopted pursuant to Senate Bill 1383, requires each jurisdiction to adopt an ordinance or other enforceable requirement requiring compliance with Title 23, Division 2, Chapter 2.7, Section 493.2(d)(2), (3), (4), and (7) of MWELO, as enacted January 2, 2025; and WHEREAS, the proposed amendments also retain non-functional turf restrictions and related definitions to support implementation of the City’s water efficient landscaping standards and to provide clear standards for applicants, staff, and the public; and WHEREAS, the City desires to adopt and enforce the MWELO, as amended, such as provisions related to landscape design, irrigation efficiency, and organic mulch use; and WHEREAS, the Department of Water Resources’ amendments to MWELO were approved by the Office of Administrative Law and became effective on January 2, 2025; and WHEREAS, the Planning Commission of the City of San Bernardino adopted Resolution No. 2026-13 – PC, forwarding a recommendation that the Mayor and City Council:
a. Determine that Development Code Amendment 26-13 is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3); and b. Approve the Development Code Amendment based on the Findings of Fact; and Packet Page. 94
Ordinance No. 1669
2 WHEREAS, the Mayor and City Council of the City of San Bernardino desires to update the City’s enforceable MWELO requirements to maintain compliance with applicable state law and reduce the risk of state enforcement or penalties; and WHEREAS, the Mayor and City Council of the City of San Bernardino now desires to amend its local regulatory scheme for MWELO to reflect the most recent changes to state law by amending Title 19, Chapter 19.28, Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19).

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

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

SECTION 2. Amendment of Section 19.28.120. Section 19.28.120 of Chapter 19.28 of Title 19 of the San Bernardino Municipal Code is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference.

SECTION 3. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.

SECTION 4. CEQA. The City Council determines that the Ordinance is exempt from California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that the adoption of an ordinance to implement statemandated water efficiency requirements will not result in significant effect on the environment.

The City is amending the existing Landscaping Standards in a capacity necessary to implement MWELO, as contained in Title 14, Division 7, Chapter 12, Article 8, Section 18989.2 of the California Code of Regulations. The City Council hereby directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance.

SECTION 5. 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 6. Effective Date. This Ordinance shall become effective immediately.

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

Helen Tran, Mayor
City of San Bernardino
Packet Page. 95
Ordinance No. 1669
3 Attest:

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

Albert J. Maldonado, City Attorney
Packet Page. 96
Ordinance No. 1669
4 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 Ordinance No. MC-1669, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held on the 7th day of October, 2026. Ordinance No. MC-1669 was approved, passed and adopted at a regular meeting held the _ day of _____by the following vote:

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:

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 4081460
Vanessa Alvarado

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

HRG - NOTICE OF HEARING
MCC Public Hearing Notice
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:
09/26/2026
09/28/2026

SAN BERNARDINO
!A000007527734! 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 October 07, 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:

The City of San Bernardino proposes
to amend Development Code Section

19.28.120, Water Efficient
Landscaping Standards, to update
the City's landscaping requirements
to comply with applicable provisions
of the State's Model Water Efficient
Landscape Ordinance (MWELO)
and SB 1383. The proposed
amendments would incorporate
requirements for soil preparation,
compost, mulch, recycled/postconsumer organic mulch, and restrictions on non-functional turf,
as well as related definitions and
project thresholds. The proposed
ordinance was unanimously
recommended for approval by the
Planning Commission on June 9,
2026. The proposed ordinance is
exempt from the California
Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines
Section 15061(b)(3). 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. 98
City Clerk, 290 North "D" Street, San Bernardino, California 92401.

Telicia Lopez, CMC
City Clerk
9/26/26
SBS-4081460#
Packet Page. 99
Introduce, Read by Title Only, and Waive Further Reading, Ordinance No. MC-1669 Amending Section 19.28.120 (Water Efficient Landscaping Standards) of the City of San Bernardino Development Code (SBMC Title 19).

City of San Bernardino Mayor and City Council Meeting October 7, 2026 Matthew Fisher
Environmental Programs Coordinator
Department of Public Works
Packet Page. 100
• California State Senate Bill (SB) 1383, enacted in 2016, and effective January 1, 2022, requires jurisdictions to adopt an ordinance or other enforceable requirement requiring compliance with California Code of Regulations Section 493.2(d)(2), (3), (4), and (7) of MWELO, as enacted January 2, 2025. • The current San Bernardino Development Code Title 19 (SBMC) does include much of the language and requirements of MWELO.
• Section 19.28.120 Water Efficient Landscaping Standards were last amended by a MC ordinance in February 2012. Predating the current CCR.

What is the purpose of this change?
Packet Page. 101
What additions are being included in the ordinance?
• The Water Efficient Landscaping standard must be amended with language requiring applicable landscape projects to comply with state-mandated MWELO soil preparation, compost, mulch, and recycled/post-consumer organic mulch provisions.
• SB 1383 requires the City to adopt only the MWELO sections defined in the regulatory text – not the entirety of MWELO.
• To effectively implement the required sections of the MWELO, the City development code should also reflect other changes to applicable projects for the proposed subsection(s).

Packet Page. 102
Requirements of MWELO Sections 493.2(d)(2), (3), (4), and (7) (Shortened)
• 2: Soil amendments incorporated according to recommendation of the soil management report and what is appropriate for the plants selected. • 3: Minimum incorporation of compost at a minimum of four cubic yards per 1,000 square feet of pervious area, to a depth of six-inches. • 4: Minimum three-inch layer of mulch applied on all exposed soil surfaces of planting areas. To provide habitat for insects and other wildlife, up to 5% of the landscape area may be left without mulch.
• 7: Organic mulch made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products.

Packet Page. 103
Proposed Additions to SBMC Title 19
• 19.28.120(1)(B): A new section included confirming that the City’s Water Efficient Landscaping Standards are intended to be at least as effective as MWELO. • 19.28.120(14): Primary change that is directly adopting MWELO 493.2(d) by reference. Incorporates applicable MWELO provisions related to soil preparation, mulch, and amendments.
• 19.28.120(16): Adds definitions for consistent interpretation and implementation of the amended standards. Existing definitions found in Title 19 may be contradictory to the section; this change will resolve this concern.

Packet Page. 104
CEQA Consideration
The proposed project is exempt from the requirements of CEQA pursuant to Guidelines Section 15061(b)(3), as it can be seen with certainty that the adoption of the ordinance will not result in a significant effect on the environment.

The City is amending the existing Landscaping Standards in a capacity necessary to implement MWELO, as contained in Section 18989.2 of the CCR. Therefore, no further CEQA review is required.

Packet Page. 105
Conclusion and Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

Introduce, read by title only, and waive further reading, Ordinance No. MC-1669 amending Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19).

Schedule the adoption of the above Ordinance to the regular meeting of the Mayor and City Council on October 21, 2026.

Packet Page. 106

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Jasmine Glover-Mcnamara
Department: Animal Services
Subject: Animal Services Staffing Realignment and Shelter Support Adjustments (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-160 authorizing the City Manager to eliminate two vacant Shelter Veterinarian positions and one vacant Animal Control Officer II position and reallocate existing funding to support veterinary, shelter operations, and facility maintenance staffing; and approve an increase in the Department of Animal Services authorized permanent staffing from 70 to 71 full-time equivalent (FTE) positions.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
The Department of Animal Services is requesting approval to realign existing positions and implement staffing adjustments necessary to sustain operations as a high-intake municipal shelter. These changes are funded entirely through the reallocation of existing salary and benefit appropriations associated with three vacant positions. No additional General Fund appropriation is requested.

The proposed staffing realignment includes the elimination of two vacant Shelter Veterinarian positions and one Animal Control Officer II position. In their place, the Department will expand veterinary coverage by adding additional Per Diem Veterinarians or offering additional scheduling days to existing Per Diem Veterinarians, while also adding one Animal Services Supervisor to oversee the Veterinary Services Division, one Registered Veterinary Technician (RVT), one Veterinary Assistant, five seasonal Animal Shelter Attendants during peak season, and one Facilities Maintenance Mechanic.

Packet Page. 107
These staffing adjustments represent a strategic, cost-conscious approach to improving operational efficiency and strengthening in-house medical capabilities while limiting the expansion of permanent full-time staffing to essential operational needs.

Based on the proposed staffing model, approximately $183,678.50 in annual personnel costs are anticipated to be reimbursed through the regional partner agreements, representing 30% of the $612,261.66 total annual staffing cost. That leaves approximately $428,583.16, or 70%, attributable to San Bernardino. During FY 2025/26, the Department cared for more than 10,000 live animals, completed 2,615 surgeries, facilitated 3,753 adoptions, and coordinated 2,898 rescue placements.

Background
On June 15, 2022, the Mayor and City Council adopted Resolution No. 2022-125, authorizing the establishment of the Shelter Veterinarian classification to support inhouse veterinary services and improve medical care capacity at the Department of Animal Services. Since that time, the Department has made consistent recruitment efforts to fill Shelter Veterinarian positions. Despite these efforts, recruitment for two full-time Shelter Veterinarian positions has remained unsuccessful for nearly three years due to competitive salary structures and benefits offered by private and corporate veterinary practices that exceed those available within municipal government.

In response to these recruitment challenges, the Department transitioned to a Per Diem Veterinarian model to maintain continuity of medical services and surgical operations. This model has proven effective in supporting medical shelter needs while allowing the Department to maintain flexibility in staffing levels. The effectiveness of this model is demonstrated by the Department's significant increase in surgical capacity. During FY 25-26, seven Per Diem Veterinarians performed 2,615 spay and neuter surgeries. As veterinary services have expanded, the Department has identified the need for additional temporary shelter staff support, veterinary support, dedicated supervision, and facility maintenance to sustain this level of service. The proposed staffing realignment reallocates existing resources to better align with the Department's operational needs.

Discussion
The Department of Animal Services is considered a high-intake municipal shelter based on FY 25/26 annual live impounds of 10,344 animals. At peak capacity, the shelter houses approximately 500 dogs in addition to 150 cats and other animals requiring daily husbandry, veterinary care, cleaning, enrichment, customer service, and adoption services. The Department also processed 1,376 deceased animal transactions during the fiscal year. While often overlooked, these cases require staff time for customer service, intake, documentation, handling, and final disposition, adding to the daily operational workload of both customer service and shelter staff.

Staff completed 3,753 adoptions, facilitated 2,898 rescue placements, and coordinated thousands of daily animal care interactions throughout the fiscal year.

The Per Diem Veterinarian model has proven effective in maintaining surgical capacity.

Increasing our Per Diem Veterinarians, Registered Veterinary Technicians, Veterinary Packet Page. 108
Assistants, and seasonal Shelter Attendants will allow us to stay on trend to further increase our surgery capacity to meet our goal of ensuring every adopted animal leaves the shelter spayed or neutered. Municipal shelter environments are not competitive with private and corporate veterinary practices, which often offer higher salaries, signing incentives, and expanded workplace benefits. Our 61-year-old shelter is not designed to offer an adequate surgical suite, medical clinic, modern technology or basic diagnostic capabilities, further reducing our chances of obtaining a full-time veterinarian.

Within FY 2025/26, the Department spent nearly $56,440 on outside veterinary services to treat sick and injured animals. During the fiscal year, Per Diem Veterinarians provided only ten days of shelter medicine coverage. As a result, many procedures including laceration repairs, splinting, prolapse reductions, enucleations, and hematoma repairs were outsourced to outside veterinary clinics despite the potential for these services to be performed in-house with expanded Per Diem coverage and appropriate veterinary support staff. External treatment costs average $1,200 to $1,400 per animal, while the Per Diem Veterinarian rate of $1,500 per day becomes cost-neutral or cost-saving when even a single case is treated in-house.

Expanding in-house veterinary capacity would not only reduce treatment costs but also improve continuity of care, decrease transportation and administrative burdens, and allow animals to receive treatment more quickly.

Due to the age and operational demands of the Department’s 61-year-old shelter facility, Animal Services submits hundreds of maintenance and facility repair requests annually related to plumbing, kennel repair, electrical systems, gates, fencing, drainage, HVAC, flooring, sanitation systems, and general wear associated with housing more than 10,000 live animals annually. Establishing a dedicated on-site Facilities Maintenance Mechanic assigned to Animal Services would significantly reduce response times, improve preventative maintenance, lessen the burden on the City’s Facilities Department, and ensure critical repairs are addressed quickly in a complex operational environment that functions as a shelter, veterinary medical facility, surgery center, and public safety operation.

The proposed staffing adjustments are funded through the elimination of two vacant Shelter Veterinarian positions and one vacant Animal Control Officer II position. Based on current salary and benefit allocations, the total cost of requested positions is $612,261.66, offset by $612,354.65 in exchanged position funding. This results in a net decrease of $92.99 in annual salary and benefit costs.

The proposed realignment results in a net increase of one permanent full-time equivalent (FTE) position, increasing the Department's authorized permanent staffing from 70 to 71 FTEs. Although the realignment increases permanent FTEs by one, the associated salary and benefit costs remain within existing appropriations through the elimination and reallocation of three vacant positions.

Packet Page. 109
Strategic Goals and Priorities
Aligns with Strategic Goal #1: Improved Operational & Financial Capacity by strategically reallocating existing resources to better align staffing with operational demands, improving efficiency, reducing reliance on outsourced veterinary services, and maximizing the use of existing budgeted positions without increasing the Department's overall personnel budget and Strategic Goal #3: Improved Quality of Life by strengthening veterinary services, improving shelter operations, expanding surgical capacity, and ensuring the Department can continue providing timely, humane care for animals while supporting public health and safety.

Fiscal Impact
The proposed staffing realignment is budget neutral and will be funded through the reallocation of existing salary and benefit appropriations associated with three currently vacant positions. No additional General Fund appropriation is requested.

The realignment increases the Department’s authorized permanent staffing by one FTE, from 70 to 71, while remaining within existing salary and benefit appropriations.

Seasonal Animal Shelter Attendant costs assume five positions at up to 1,000 hours each annually. Per Diem Veterinarian costs assume 49 additional scheduled veterinarian days annually at the established Per Diem rate.

Based on the proposed staffing model, approximately $183,678.50 in annual personnel costs are anticipated to be reimbursed through regional partner agreements, representing approximately 30% of the $612,261.66 total annual staffing cost.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-160 authorizing the City Manager to eliminate two vacant Shelter Veterinarian positions and one vacant Animal Control Officer II position and reallocate existing funding to support veterinary, shelter operations, and facility maintenance staffing; and approve an increase in the Department of Animal Services authorized permanent staffing from 70 to 71 full-time equivalent (FTE) positions.

Attachments
Attachment 1 - Animal Services Salary & Benefits for Exchanges & Additional Funded Positions
Attachment 2 - Resolution 2026-000 Animal Services Staffing Realignment and Shelter Support Adjustments
Attachment 3 - Animal Services Org Chart Proposed Positions Ward:

All Wards
Packet Page. 110
Synopsis of Previous Council Actions:

June 15, 2022 Adopted Resolution No. 2022-125 approving the job classification and salary schedule for the Shelter Veterinarian job classification.

CC:

Eric Levitt, City Manager
Packet Page. 111
Attachment 1 Animal Services Salary & Benefits for Exchanges & Additional Funded Positions Positions to be Exchanged BASE PAY MEDICARE CALPERS HEALTH BUDGET TOTAL

SALARIES &

BENEFITS
TOTAL

POSITION
COST
Animal Control Officer II $ 65,139.98 $ 944.53 $ 6,989.52 $ 21,978.00 $ 95,052.03 $ 95,052.03 Veterinarian $ 217,330.46 $ 3,151.29 $ 23,319.56 $ 14,850.00 $ 258,651.31 $ 258,651.31 Veterinarian $ 217,330.46 $ 3,151.29 $ 23,319.56 $ 14,850.00 $ 258,651.31 $ 258,651.31 $ 612,354.65
Positions to be Funded BASE PAY MEDICARE CALPERS HEALTH BUDGET TOTAL

SALARIES &

BENEFITS
TOTAL

POSITION
COST
SBTS Seasonal Shelter Attendant (5) x 1000 hrs $ 19,680.00 $ 285.36 $ - $ - $ 99,826.80 $ 99,826.80 Per Diem Veterinarian (49 Additional Scheduled Days) $ 73,500.00 $ 1,065.75 $ - $ - $ 74,565.75 $ 74,565.75 Registered Vet Tech $ 75,454.10 $ 1,094.08 $ 8,096.22 $ 29,396.40 $ 114,040.81 $ 114,040.81 Veterinary Assistant $ 58,795.29 $ 852.53 $ 6,308.73 $ 29,396.40 $ 95,352.96 $ 95,352.96 Animal Services Supervisor $ 86,298.40 $ 1,251.33 $ 9,259.82 $ 29,396.40 $ 126,205.95 $ 126,205.95 Facilities Maintenance Mechanic $ 64,960.78 $ 941.93 $ 6,970.29 $ 29,396.40 $ 102,269.40 $ 102,269.40 $ 612,261.66
Packet Page. 112
Resolution No. 2026-160
RESOLUTION NO. 2026-160

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ELIMINATE

TWO VACANT SHELTER VETERINARIAN POSITIONS

AND ONE VACANT ANIMAL CONTROL OFFICER II
POSITION; ESTABLISH AND FUND ONE ANIMAL

SERVICES SUPERVISOR, ONE REGISTERED

VETERINARY TECHNICIAN, ONE VETERINARY

ASSISTANT, AND ONE FACILITIES MAINTENANCE
MECHANIC POSITION; AUTHORIZE FIVE SEASONAL

ANIMAL SHELTER ATTENDANT POSITIONS AND
ADDITIONAL PER DIEM VETERINARIAN COVERAGE;

AND INCREASE THE DEPARTMENT OF ANIMAL

SEVICES AUTHORIZED PERMANENT STAFFING FROM
70 TO 71 FULL-TIME EQUIVALENT POSITIONS.

WHEREAS, on June 15, 2022, the Mayor and City Council adopted Resolution No. 2022-125 authorizing the establishment of the Shelter Veterinarian classification to support in-house veterinary services and improve medical care capacity within the Department of Animal Services; and WHEREAS, despite consistent recruitment efforts, two full-time Shelter Veterinarian positions have remained vacant for nearly three years due to competition from private and corporate veterinary practices; and
WHEREAS, the Department has transitioned to a Per Diem Veterinarian model that has successfully maintained surgical capacity, with seven Per Diem Veterinarians performing 2,615 spay and neuter surgeries during Fiscal Year 2025/26; and
WHEREAS, the Department has identified the need for expanded shelter medicine coverage, veterinary support staff, dedicated veterinary services supervision, seasonal shelter staffing, and dedicated facility maintenance support to sustain shelter operations and increase in-house medical capacity; and WHEREAS, the proposed staffing realignment eliminates two vacant Shelter Veterinarian positions and one vacant Animal Control Officer II position and reallocates existing salary and benefit appropriations to support the Department's current operational needs; and WHEREAS, the proposed realignment results in a net increase of one permanent full-time equivalent position, increasing the Department of Animal Services' authorized permanent staffing from 70 to 71 FTEs, while remaining within existing salary and benefit appropriations; and WHEREAS, the proposed staffing model has an estimated annual salary and benefit cost of $612,261.66, offset by $612,354.65 in existing exchanged position funding, resulting in a net decrease of $92.99 in annual salary and benefit costs; and
WHEREAS, approximately thirty percent (30%) of eligible personnel costs associated with the Packet Page. 113
Resolution No. 2026-160
proposed staffing model are anticipated to be reimbursed through regional partner agreements, estimated at $183,678.50 annually based on the proposed staffing model; and WHEREAS, no additional General Fund appropriation is requested for the proposed staffing realignment.

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

SECTION 1. The City Manager is authorized to eliminate two vacant Shelter Veterinarian positions and one vacant Animal Control Officer II position.

SECTION 2. The City Manager is authorized to establish and fund within the Department of Animal Services one Animal Services Supervisor, one Registered Veterinary Technician, one Veterinary Assistant, and one Facilities Maintenance Mechanic position, resulting in a net increase of one permanent full-time equivalent position and increasing the Department's authorized permanent staffing from 70 to 71 FTEs.

SECTION 3. The City Manager is authorized to fund five seasonal Animal Shelter Attendant positions at up to 1,000 hours each annually and to provide funding for forty-nine (49) additional Per Diem Veterinarian days annually at the established Per Diem rate.

SECTION 4. The staffing realignment shall be funded through the reallocation of existing salary and benefit appropriations associated with the three eliminated vacant positions. No additional General Fund appropriation is authorized or required by this Resolution.

SECTION 5. CEQA. The Mayor and City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it can be seen with certainty that the activity will not have a significant effect on the environment.

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 of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. The City Clerk shall certify to the adoption of this Resolution and the same shall become effective immediately.

Packet Page. 114
Resolution No. 2026-160
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of October 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, City Clerk
Approved as to form:

Albert J. Maldonado, City Attorney
Packet Page. 115
Resolution No. 2026-160

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. 2026-1 6 0 , adopted at a regular meeting held on the 7 t h day of October 2026 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this day of 2026.

Telicia Lopez, City Clerk
Packet Page. 116
Deputy Director
Community Engagement
and Customer Service
Manager
Shelter Operations
Manager
Management Analyst I
Community Programs
Supervisor
Customer Service
Supervisor
Vo Lead Kennel Attendants lunteer Coordinator
Customer Service
Representatives
Animal Control Officers
Executive Assistant
Rescue Coordinators Kennel Attendants
Field Services Supervisor
Foster Coordinators

CITY OF SAN BERNARDINO

DEPARTMENT OF ANIMAL SERVICES
Shelter Operations
Supervisors
SBTS Kennel
Attendants (Additional
5 seasonal staff)
Lead Animal Control
Officer
Dispatchers
Per Diem Veterinarian
(Additional Funding)
Vet Staff Supervisor
(New Position)
Registered Veterinary
Technicians (One New
Position)
Animal Services Director
pets

S B C I T Y
Communication &
Engagement
Coordinator
Veterinary Assistants
(One new position)
Facilities Maintenance
Mechanic (New
position)
Packet Page. 117

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 7, 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. May 13, 2021 Special Meeting Draft Minutes

2. July 21, 2021 Regular Meeting Draft Minutes

3. September 15, 2021 Regular Meeting Draft Minutes

4. November 3, 2021 Regular Meeting Draft Minutes

5. August 5, 2026 Regular Meeting Draft Minutes

6. August 19, 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.

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.

Packet Page. 118
The City Clerk’s Office will continue prioritizing completion of the remaining backlog while maintaining current meeting minutes on a timely basis.

Discussion
Insert discussion information here. Include details so the reader has an understanding from start to finish.

Strategic Goals and Priorities
Consider each item being presented to the Mayor and City Council, determine and briefly describe how this item aligns with the adopted Goals and Objectives.

SEE EXAMPLE BELOW:

The request for destruction of certain obsolete case files aligns with Goal No. 6:

Operate in a fiscally responsible and business-like manner. Destruction of records that have outlived their usefulness as evidence will improve organizational efficiency and effectiveness.

Click or tap here to enter text.

Packet Page. 119
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES

FOR THE

SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL

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

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

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

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

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

AUTHORITY
THURSDAY, MAY 13, 2021
5:30 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at an unspecified time on Thursday, May 13, 2021, via Web-Conference, San Bernardino, CA.

CALL TO ORDER
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 Late
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
Packet Page. 120
Special Meeting Draft Minutes May 13, 2021
Mayor and City Council of the City of San Bernardino Page 2 Printed 5/11/2021

PLEDGE OF ALLEGIANCE
Council Member Juan Figueroa led the Pledge of Allegiance to the Flag.

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
No pre-recorded public comments were received, and written comments were forwarded to the Mayor and City Council.

DISCUSSION

1. Presentation of FY 2021/22 Proposed Budget
Recommendation
That the Mayor and City Council receive a presentation of the FY 2021/22 Proposed Budget and provide direction to staff.

Finance Director Barbara Whitehorn presented the proposed budget, including revenues, expenditures, fund balances, the Capital Improvement Plan (CIP), and Measure S funding. Projected revenues were approximately $186.4 million, with investments focused on community health and safety, amenities, deferred maintenance, operations, and customer service.

She presented the CIP, including major funding for storm drainage, buildings, traffic controls, parks, and street projects. For Measure S, staff recommended approximately $10.3 million to preserve existing services and $32.4 million for operations and capital improvements, leaving approximately $16.7 million unallocated. Whitehorn also reviewed reserve projections and the revised American Rescue Plan allocation of approximately $77 million. She concluded by outlining the remaining budget process, after which the Council proceeded with questions and discussion.

The Mayor and City Council reviewed the proposed budget and Capital Improvement Program, focusing on additional funding for streets, infrastructure, public safety, parks, Code Enforcement, and neighborhood services. Council Members requested additional Code Enforcement and Police staffing, increased street rehabilitation funding, park improvements, and enhanced cleanup, parking enforcement, and public safety efforts.

They also discussed street and infrastructure priorities, including Bellevue Avenue, Mount Vernon and Rialto Avenue, Sierra Way, and several additional neighborhood streets. Staff explained project prioritization, carryover projects, and delays related to state and county approvals. Also discussed Nicholson Park, the Animal Shelter, park restroom improvements, technology and permitting, homelessness and affordable housing, cannabis and fireworks revenues, nuisance abatement, and city reserves.

Additional requests included expanded downtown and cultural support, recycling services, street-sweeping signage, police community programs, and potential organizational and staffing changes. Staff agreed to provide additional information and consider the requested revisions before the budget was finalized.

RESULT: NO ACTION TAKEN
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Special Meeting Draft Minutes May 13, 2021
Mayor and City Council of the City of San Bernardino Page 3 Printed 5/11/2021

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Thursday, May 13, 2021, at an unspecified time 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, May 19, 2021 via tele-conference. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

Telicia Lopez, CMC
City Clerk
Packet Page. 122
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 21, 2021
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor John Valdivia on Wednesday, July 21, 2021, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
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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Regular Meeting Draft Minutes July 21, 2021
Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.

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. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS203562
b. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538
c. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926
d. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVSB2025375
e. Matthew Brown v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2025900
f. Andrea Miller v. City of San Bernardino, et al. II, San Bernardino Superior Court Case No. CIVDS2015337
g. Sedna Mosley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209
h. Arrowhead Professional Center, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1909462
B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager;
Employee Organizations: International Union of Operating Engineers, General Unit; San Bernardino Police Management Association; Teamsters, Middle Management Unit; San Bernardino Police Officers Association; San Bernardino Confidential-Management Association, San Bernardino Police Dispatchers Association

C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)):

Two Items
D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8):

Property Address: Carousel Mall Property, 43 acres
Agency Negotiator: Robert D. Field, City Manager or designee Negotiating Parties: Renaissance Downtown USA/ICO Real Estate Group Under Negotiation: Price and Terms
Packet Page. 124
Regular Meeting Draft Minutes July 21, 2021
Mayor and City Council of the City of San Bernardino Page 3 7:00 P.M.

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

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Sandra Tice of First Presbyterian Church performed the invocation. Council Member Ben Reynoso led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that regarding Item C) Conference With Legal Counsel - Anticipated Litigation, the City Council unanimously approved the filing of a receivership for the property at 2782 9th St. in San Bernardino.

CITY MANAGER UPDATE
City Manager Field provided updates on the California Theatre renovation, the library’s summer reading program, and local cooling centers open for the public.

MAYOR AND CITY COUNCIL UPDATES
The City Council provided updates including Neighborhood Association meetings, Movies in the Park, new grant funding for the Garcia Center, and appreciation to Southern California Edison for their assistance regarding the recent power outage.

PRESENTATIONS

1. Proclamation - Parks Make Life Better Month - July 2021 Mayor Valdivia presented the proclamation to Jim Tickemeyer and Vanessa Carbajal from the Parks and Recreation Department.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Paul Sanborn spoke about Administrative Civil Penalties, the need for additional fire stations in Ward 6, and excessive noise throughout the City.

Treasure Ortiz commented on concerns regarding city leadership, public participation, staffing and compensation, and the allocation of funds, including support for the Violence Intervention Program (VIP).

Harry Hatch requested that closed-session matters be reported out and expressed concerns regarding compliance with the Brown Act.

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Regular Meeting Draft Minutes July 21, 2021
Mayor and City Council of the City of San Bernardino Page 4 Chad Kroeger spoke about climate change and proposed taking immediate action, using his sunburn as a reminder of the effects of climate change.

JT Parr spoke in support of taking immediate action to address climate change and joined Chad Kroeger in using their sunburns as a reminder.

Jim Penman expressed concerns about the City’s financial management and urged city leaders to address potential financial challenges before they worsen.

Page Miller spoke about fireworks, homelessness, and conservatorships.

Peggy Hazlett spoke about communication between city leaders and residents and raised concerns regarding the Palm Avenue/Oxbow development and related health issues.

Robert Porter requested additional time for commission chairs to speak and raised concerns about the preservation of historic buildings, monuments, and memorials.

Gregory Taylor commended Council Members Reynoso, Alexander and Ibarra for their work, expressed dissatisfaction with the current mayoral leadership, and asked the Council to address homelessness and trash.

Rachel Arzu spoke about the services provided by Covenant House, including healthcare, education, job readiness, scholarships, and substance abuse and mental health services, and proposed partnering with the City to establish a homeless shelter.

Steve Filson spoke about the loss of his daughter and her boyfriend to fentanyl poisoning and urged the City to take action against the availability of counterfeit fentanyl-laced pills.

Thomas Fleming spoke about the impact of fireworks on animals and the frequency of fireworks in the community.

Barbara Monroe Hall spoke on concerns about youth violence, neighborhood conditions, access to parks and youth programs, and the allocation of funding for her district.

Leticia spoke in support of a petition calling for the removal of the City Manager and expressed concerns about city leadership and infrastructure.

Christian Flores requested Measure S funds for the VIP program, emphasizing preventative approaches to violence and asking that funding be restored for residents who need telephone access for work or accessibility purposes.

Henry Duran announced that the San Bernardino Free Clinic provides free primary care and laboratory services on the first and third Saturdays of each month.

Che Wright spoke about a peaceful community rally and expressed concerns about accountability for American Rescue Plan funds, particularly regarding support for Black Packet Page. 126
Regular Meeting Draft Minutes July 21, 2021
Mayor and City Council of the City of San Bernardino Page 5 residents and businesses, and urged city leadership to address the concerns of the Black community.

Pastor Kelvin Ward spoke about the increase in gun violence and expressed support for VIP, citing its role in violence prevention and community intervention.

Miracle Jaques, representing VIP, spoke about the organization’s work supporting families, assisting with funerals, helping youth, and maintaining a presence in the community, and requested $1.5 million in funding for the program.

Connie Miranda spoke about her personal experience growing up in San Bernardino and becoming involved in gangs as a teenager, and expressed support for funding VIP and its efforts to provide hope and alternatives to gang involvement.

Danny Miranda spoke about the VIP “Hope Culture” program and its efforts to address gang-related issues, provide mentorship, support formerly incarcerated individuals, and work directly with community members to prevent violence.

Reverend Manuel Cardoza spoke about the impact of gun violence on families and the community and requested $1.5 million annually for VIP and other violence-prevention efforts.

Gabriel Cannon spoke about his work with VIP and Young Visionaries and the importance of providing youth with safe alternatives to gang involvement, requesting $1.5 million in funding to expand opportunities for young people.

Victoria Rice expressed frustration about obtaining answers from city leadership and asked who she should meet with to address her concerns.

Corey Benjamin spoke in support of VIP and requested $1.5 million in funding.

Thurston McAfee spoke about the history of civil rights and expressed concerns that the Black and minority communities are not receiving adequate consideration from city leadership.

Eugene Williams thanked Council Member Calvin and proposed addressing homelessness by renovating an 81-room hotel to provide housing and services, while also requesting $1.5 million for VIP and offering his organization’s assistance with community cleanup efforts.

APPOINTMENTS
There was a consensus amongst the City Council to vote on each appointment item separately.

2. Downtown Advisory Committee Appointment (Ward 2)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Amelia S. Lopez to the Downtown Advisory Committee representing Ward 2 with the term ending December 2022.

Council Staff has verified that appointee is a registered voter within the City.

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Regular Meeting Draft Minutes July 21, 2021
Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED THE APPOINTMENT OF AMELIA S. LOPEZ TO THE DOWNTOWN ADVISORY COMMITTEE [8-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia
NOES: None

3. General Plan Advisory Committee Appointment (Ward 4) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Edward G. Woolbert as a voting member to the General Plan Advisory Committee representing Ward 4 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City.

RESULT: APPROVED THE APPOINTMENT OF EDWARD G. WOOLBERT
TO THE GENERAL PLAN ADVISORY COMMITTEE [8-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia
NOES: None

4. General Plan Advisory Committee Appointment (Ward 4) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Ed Neighbors as an alternate member to the General Plan Advisory Committee representing Ward 4 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City.

RESULT: APPROVED THE APPOINTMENT OF ED NEIGHBORS TO THE GENERAL PLAN ADVISORY COMMITTEE [8-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia
NOES: None

5. Downtown Advisory Committee Appointment (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Paola E. Avendano to the Downtown Advisory Committee representing Ward 5 with the term ending December 2024.

Council Staff has verified that appointee is a registered voter within the City.

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Regular Meeting Draft Minutes July 21, 2021
Mayor and City Council of the City of San Bernardino Page 7 RESULT: APPROVED THE APPOINTMENT OF PAOLA AVENDANO TO THE DOWNTOWN ADVISORY COMMITTEE [8-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia
NOES: None

6. Downtown Advisory Committee Appointment (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Michael J. Segura to the Downtown Advisory Committee representing Ward 6 with the term ending December 2024.

Council Staff has verified that appointee is a registered voter within the City.

RESULT: APPROVED THE APPOINTMENT OF MICHAEL J. SEGURA TO THE DOWNTOWN ADVISORY COMMITTEE [8-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia
NOES: None

7. Electoral Redistricting Advisory Committee (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Rikke V. Johnson to the Electoral Redistricting Advisory Committee representing Ward 6 with the term ending when the City’s ward map based upon the 2020 U.S. Census date is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered voter within the City.

RESULT: APPROVED THE APPOINTMENT OF RIKKE V. JOHNSON TO THE ELECTORAL REDISTRICTING ADVISORY COMMITTEE [8-0]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia
NOES: None

8. Downtown Advisory Committee Appointment (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Neil Derry to the Downtown Advisory Committee representing the Mayor with the term ending December 2022.

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Regular Meeting Draft Minutes July 21, 2021
Mayor and City Council of the City of San Bernardino Page 8 RESULT: DENIED THE APPOINTMENT OF NEIL DERRY TO THE
DOWNTOWN ADVISORY COMMITTEE [4-4]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Alexander, Mayor Valdivia
NOES: Ibarra, Shorett, Reynoso, Calvin

9. General Plan Advisory Committee Appointment (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Bessine Richard as the voting member to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City.

RESULT: APPROVED THE APPOINTMENT OF BESSINE RICHARD TO THE GENERAL PLAN ADVISORY COMMITTEE [5-2]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Alexander, Mayor Valdivia NOES: Reynoso, Calvin
ABSTAIN: Ibarra

10. General Plan Advisory Committee Appointment (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Gil Botello as the alternate member to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City.

RESULT: DENIED THE APPOINTMENT OF GIL BOTELLO AS AN

ALTERNATE MEMBER TO THE GENERAL PLAN ADVISORY
COMMITTEE [5-3]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Mayor Valdivia
NOES: Ibarra, Shorett, Reynoso, Calvin, Alexander
City Clerk Rocha administered the Oath of Office to the new commissioners.

DISCUSSION

11. Annual Cannabis Update & Integrity Standards (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

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1. Receive and File the Annual Commercial Cannabis Business Permit Update and Litigation Update; and

2. Adopt Resolution 2021-166, establishing Integrity Standards; and

3. Present and Confirm steps to fill the seven (7) remaining Commercial Cannabis Retail Licenses; and

4. Discuss and provide feedback on opening the application process to All Other License Types.

Director of Community and Economic Development Mike Huntley, Project Manager Stephanie Sanchez, and City Attorney Sonia Carvalho provided a presentation.

RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED
RESOLUTION NO. 2021-166 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, NOES: None
Council Member Figueroa advised that he would be recusing himself from Item No. 12 due to a potential conflict of interest.

12. Community Violence Intervention Program Update (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Receive and file and update report on the Violence Intervention Program (VIP);

2. Review and provide staff direction regarding an amendment to the Adopted FY 2021/22 Operating Budget increasing funding for supportive VIP services as requested by members of the City Council for consideration.

Violence Intervention Program Manager David Miranda provided a presentation. He spoke about the program’s successes, needs, and financial status. He also confirmed that the City Council had previously directed staff to fund $250,000 for the program, but that it had not yet been allocated.

Council Member Sanchez made a motion for staff to return to the Mayor and City Council within 30 days with a full report on the program and a detailed plan for use of the funds they requested. They also discussed receiving quarterly reports on the success of the program.

City Manager Field stated that staff would bring back a full report and funding recommendations at a future meeting.

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Mayor and City Council of the City of San Bernardino Page 10 RESULT: DIRECTED STAFF TO BRING BACK A DETAILED REPORT AND

FUNDING RECOMMENDATION FOR THE VIOLENCE
INTERVENTION PROGRAM [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES: None
RECUSED: Figueroa

13. Information on Public Notification for Public Hearings (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, provide direction regarding a proposed Municipal Code Amendment related to processing land use entitlements increasing the notification requirement from 500 feet to 1,000 feet and issuing notices to include the property owner and tenants residing on the property.

Director Huntley provided an overview of the item. He advised that if approved, staff would take the Municipal Code Amendment before the Planning Commission, and then to the Mayor and City Council for approval. He stated that the goal was to complete the amendment within the next two to four months. Council Member Sanchez made a motion to suspend further presentation from staff and proceed with the proposed Municipal Code Amendment.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon Alexander, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES: Figueroa

14. Administrative Policies (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and reconsider the proposed administrative policies and provide direction or adopt the resolutions as presented:

1. Resolution No. 2021-162 approving the Municipal Volunteer Program (MVP) Policy;

2. Resolution No. 2021-163 approving the Municipal Volunteer Program (MVP) Policy - Offices of Elected Officials;

3. Resolution No. 2021-164 approving the Travel Authority and Expense Policy and Repealing Resolution No. 9151 and No. 89-100; and

4. Resolution No. 2021-165 approving the Use of City Equipment and Resources.

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Mayor and City Council of the City of San Bernardino Page 11 Council Member Sanchez made a motion to approve recommendations 1, 3, and 4 only.

RESULT: APPROVED RECOMMENDATIONS NO. 1, 3, AND 4; ADOPTED RESOLUTION NOs. 2021-162, 2021-164, AND 2021-165 [5-2]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Shorett, Reynoso, Calvin, Alexander
NOES: Ibarra, Figueroa
Council Member Reynoso made a motion to consider Recommendation No. 2. The motion was seconded by Council Member Alexander. Mayor Valdivia advised that the item could be discussed at the end of the meeting after hearing the remaining items.

NOTE: The meeting was adjourned without taking a vote on Item 14, Recommendation No. 2 (Resolution No. 2021-163).

PUBLIC HEARINGS

15. Public Hearing on Fiscal Year 2021/22 Assessment Levies for Maintenance Assessment Districts (MAD's) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Conduct a Public Hearing; and

2. Adopt Resolution No. 2021-167 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 2021/22;

3. Adopt Resolution No. 2021-168 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 2021-22;

4. Adopt Resolution No. 2021-169 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 2021/22;

5. Adopt Resolution No. 2021-170 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, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2021/22;

6. Adopt Resolution No. 2021-171 of the Mayor and City Council of the City of Packet Page. 133
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Mayor and City Council of the City of San Bernardino Page 12 San Bernardino, California, confirming the diagram and assessment for Assessment District Nos. 1022 and Zones 1, 2 and 3 for Fiscal Year 2021/22;

7. Authorize the Finance Director to amend the Fiscal Year 2021/22 Adopted Budget as necessary to reflect district revenues and expenditure budgets; and

8. Direct staff to undertake the steps necessary to finalize the Mayor and City Council’s action.

Mayor Valdivia opened the Public Hearing at 11:01 PM.

Director of Public Works Kris Jensen provided a presentation.

There were no written comments or requests to speak about this item.

Mayor Valdivia closed the Public Hearing at 11:06 PM.

RESULT: APPROVED STAFF’S RECOMMENDATION; ADOPTED
RESOLUTION NOs. 2021-167, 2021-168, 2021-169, 2021-170, AND 2021-171 [5-2]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin
NOES: Reynoso, Alexander

16. Purchase and Sale of Vacant Parcel (APN 0274-011-29) Commonly Known as a Portion of San Marcos Street and Congress Street to Mary’s Mercy Center (Ward 3)
Recommendation
Adopt Resolution No. 2021-172 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the Purchase and Sale Agreement (PSA) and Joint Escrow Instructions between the City of San Bernardino and Mary’s Mercy Center, a California Corporation, with respect to the real property commonly known as a portion of San Marcos Street and Congress Street (APN#0274-011-29); and

2. Authorizing the City Manager or designee to sign and deliver the PSA on behalf of the City and take any other actions necessary to accomplish the sale; and

3. Find that these actions are exempt from CEQA.

Mayor Valdivia opened the Public Hearing at 11:16 PM.

There was consensus amongst the Mayor and City Council to forfeit staff’s Packet Page. 134
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There were no written comments or requests to speak about this item.

Mayor Valdivia closed the Public Hearing at 11:17 PM.

RESULT: ADOPTED RESOLUTION NO. 2021-172 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

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 ITEMS 20, 23, 27, 38 AND 40 FOR FURTHER DISCUSSION [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

17. Approval of the Mayor and City Council Minutes (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the June 3, 2020, and June 17, 2020, Mayor and City Council meeting.

18. Professional Services Agreement with Bear Demographics and Research, LLC for Demography, Communications and Outreach Services for Electoral Redistricting (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-193 authorizing the City Manager to execute a Professional Services Agreement with Bear Demographics and Research for Demography, Communications and Outreach Services for electoral redistricting following the 2020 U.S. Census.

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Mayor and City Council of the City of San Bernardino Page 14 RESULT: ADOPTED RESOLUTION NO. 2021-193 [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

19. Investment Portfolio Report for May 2021 (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 May 2021.

20. 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 May through July 2021.

Council Member Reynoso pulled this item. He expressed concern about a line item for four assistants to the Mayor. Assistant City Manager Edelia Eveland confirmed that the positions listed were simply part of the salary schedule and were not currently active or funded positions.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

21. Investment Portfolio Report for June 2021 (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 2021.

RESULT: APPROVED STAFF’S RECOMMENDATION [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
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22. Approval Final Tract Map No. 20293 (Ward 3)
Recommendation
Adopt Resolution No. 2021-173 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the Final Map for Tract No. 20293 (Subdivision 20-03) involving the subdivision of a project site containing approximately 9.60 acres into 96 detached single-family lots located on the east side of S. Ferree Street; and

2. Accepting the public dedications as set forth on said map; and

3. Authorizing execution of the standard form of agreement for the subdivision improvements.

23. Approve Final Tract Map No. 17329-1 (Ward 5)
Recommendation
Adopt Resolution No. 2021-174 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving Final Map for Tract No. 17329-1 (Subdivision 05-40) involving the subdivision of a project site containing approximately 8.08 acres into 28 single-family residential lots located north of W. Meyers Road, and east of Little League Drive;

2. Accepting the public dedications as set forth on said map; and

3. Authorizing execution of the standard form of agreement for the subdivision improvements.

This item was pulled by Council Member Reynoso. He stated that he did not support this resolution due to the project being planned since 2006. He asked for the item to be continued until next year. City Manager Field stated that the project was already under construction. City Engineer Alex Qishta advised that the map has taken an extended time for approval due to the amount of bonds and the developer’s ability to secure large loans.

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Mayor and City Council of the City of San Bernardino Page 16 RESULT: ADOPTED RESOLUTION NO. 2021-174 [5-2]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander
NOES: Ibarra, Reynoso

24. Approving Job Descriptions and Classifications and Amending the Salary Schedule (All Wards)
Recommendation
Adopt Resolution No. 2021-175 of the Mayor and City Council of the City of San Bernardino, California, approving the job descriptions and classifications for Aquatics Supervisor, Diversity & Inclusion Officer (U), Engineering Technician, Forensics Supervisor, Grants Analyst, Grants Manager and Project Manager of Housing Programs (U); amending the City-wide salary schedule for full-time, parttime, temporary, and seasonal positions; and repealing Resolution No. 2021-139.

RESULT: ADOPTED RESOLUTION NO. 2021-175 [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

25. Amendment to AALRR Legal Service Agreement (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2021-176, authorizing the City Manager to execute the First Amendment to Legal Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior Court Case No.

CIV DS 2015337.

RESULT: ADOPTED RESOLUTION NO. 2021-176 [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

26. Health Benefits Plan Year 2022 (All Wards)
Recommendation
Adopt Resolution No. 2021-177 of the Mayor and City Council of the City of San Bernardino, California, approving the health benefits plan options for plan year 2022.

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Mayor and City Council of the City of San Bernardino Page 17 RESULT: ADOPTED RESOLUTION NO. 2021-177 [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

27. Cooperative Funding Agreement with the City of Loma Linda for Barton Road Rehabilitation (Ward 3)
Recommendation
Adopt Resolution No. 2021-178 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving a Cooperative Funding Agreement with the City of Loma Linda for the Barton Road Rehabilitation Project (“Project”); and

2. Authorizing the Director of Finance to amend the FY 2021/22 Capital Improvement Plan (CIP) to include the Barton Road Rehabilitation Project (“Project”) and establish a project budget in an amount not to exceed $35,500 in Measure I Fund No. 129.

RESULT: ADOPTED RESOLUTION NO. 2021-178 [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

28. Five-Year Capital Project Needs Analysis (2022/2023 through 2026/2027) for Measure "I" 2010-2040 Expenditures (All Wards)
Recommendation
Adopt Resolution No 2021-179 of the Mayor and City Council of the City of San Bernardino, California, adopting the Five-Year Capital Project Needs Analysis (Fiscal Year 2022/2023 through Fiscal Year 2026/2027) for Measure "I" 2010-2040 Expenditure.

RESULT: ADOPTED RESOLUTION NO. 2021-179 [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

29. Irrevocable Agreement to Annexation No. 2021-365 (Ward 6) Recommendation
Adopt Resolution No. 2021-180 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property within unincorporated territory located at 2986 North California Street (APN 0268-211-22) and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

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Mayor and City Council of the City of San Bernardino Page 18 RESULT: ADOPTED RESOLUTION NO. 2021-180 [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

30. Sterling Avenue Rehabilitation from Pacific Street to Highland Avenue (Ward 7) Recommendation
Adopt Resolution No. 2021-181 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorizing the Director of Finance to record a supplemental appropriation for Sterling Avenue rehabilitation from Pacific Street to Highland Avenue ("Project") from Measure “I” Fund 129 in the amount of $88,094 to support the full project construction cost of $784,084; and

2. Authorizing the Director of Finance to carry over remaining FY 2020/21 project budgets in the amount of $695,989.87 into FY 2021/22 in Project Fund No. 129-160-8675.

Council Member Calvin pulled this item. She asked why this project was also listed as part of Item No. 31. City Engineer Qishta advised that this project required a supplemental appropriation to cover additional construction cost, but was also included as part of the list of previously approved CIP projects in Item No. 31.

RESULT: ADOPTED RESOLUTION NO. 2021-181 [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

31. Five-Year Capital Improvement Program Fiscal Year 2021/22 to Fiscal Year 2025/26 for Measure I Local Expenditures (All Wards)
Recommendation
Adopt Resolution No. 2021-182 of the Mayor and City Council of the City of San Bernardino, California, approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2021/22 through Fiscal Year 2025/26 and Measure I Expenditure Strategy.

Council Member Calvin pulled this item. She asked staff that in the future, the list of CIP projects be grouped according to Ward.

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Mayor and City Council of the City of San Bernardino Page 19 RESULT: ADOPTED RESOLUTION NO. 2021-182 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

32. Professional Services Agreement for State Legislative Advocacy Services (All Wards)
Recommendation
Adopt Resolution No. 2021-183 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Hurst Brooks Espinosa LLC for State Legislative Advocacy Services.

RESULT: ADOPTED RESOLUTION NO. 2021-183 [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

33. Approve Final Tract Map No. 20043 (Ward 5)
Recommendation
Adopt Resolution No. 2021-184 of the Mayor and City Council of the City of San Bernardino, California, approving Final Map for Tract No. 20043 (Subdivision 16-04) involving the subdivision of a project site containing approximately 5.23 acres into 16 single-family residential lots located on the southerly side of Belmont Avenue between Palm Avenue and Olive Avenue, 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. 2021-184 [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

34. FY 2021/22 Special Tax Levies for Previously Formed CFDs (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt:

1. Resolution No. 2021-185 of the Mayor and City Council of the City of San Bernardino, California, levying special taxes to be collected during Fiscal Year 2021/22 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
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2. Resolution No. 2021-186 of the Mayor and City Council of the City of San Bernardino, California, levying special taxes to be collected during Fiscal Year 2021/22 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

3. Resolution No. 2021-187 of the Mayor and City Council of the City of San Bernardino, California, levying special taxes to be collected during Fiscal Year 2021/22 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.

RESULT: ADOPTED RESOLUTION NO. 2021-185, 2021-186, and 2021-187 [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

35. February and March 2020, April, May and June 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City’s board, commission, and citizen advisory committee meetings approved in February and March 2020, April, May and June 2021.

36. Resolution to Approve Renewal of IQM2 Streaming Software, Civica Website Content Management Software, and the Purchase of Additional Streaming Hardware from Granicus Inc. for Fiscal Year 2021/22 in an Amount Not to Exceed $59,811.84
Recommendation
Adopt Resolution 2021-188 of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of Fiscal Year 2021/22 Purchase Orders for the annual software support agreements and purchase of a second streaming encoder from Granicus Inc., in an amount not to exceed $59,811.84.

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Mayor and City Council of the City of San Bernardino Page 21 RESULT: ADOPTED RESOLUTION NO. 2021-188 [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

37. Approve Final Tract Map No. 18829 (Ward 3)
Recommendation
Adopt Resolution No. 2021-189 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving Final Map for Tract No. 18829 (Subdivision 11-03) involving the subdivision of a project site comprised of 411 residential units, approximately 194,200 square feet commercial/mix uses, two (2) private community centers, one (1) public community center, and two (2) detention basins, on a site comprised of four (4) parcels containing a total of approximately 39.36 acres located at the southeast corner of Waterman Avenue and Baseline Street; and

2. Accepting the public dedications as set forth on said map; and

3. Authorizing execution of the standard form of agreement of the subdivision improvements.

RESULT: ADOPTED RESOLUTION NO. 2021-189 [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

38. Interim Operations and Maintenance Division Manager (U) Employment Agreement (All Wards)
Recommendation
Adopt Resolution No. 2021-190 of the Mayor and City Council of the City of San Bernardino, California, appointing Scott A. Smith as Operations and Maintenance Division Manager (U) on an interim basis and approving the employment contract.

Council Member Alexander pulled this item. He stated that he would prefer it if existing staff members were offered open positions, rather than hiring staff from outside.

RESULT: ADOPTED RESOLUTION NO. 2021-190 [4-3]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Calvin
NOES: Ibarra, Reynoso, Alexander
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39. LEAP Grant Award (All Wards)
Recommendation
Adopt Resolution No. 2021-191 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the Local Early Action Planning Grant Program (LEAP) funds in the amount of $500,000; and authorizing the Finance Director to amend the Fiscal Year 2021/2022 budget related to the General Plan Update Project.

RESULT: ADOPTED RESOLUTION NO. 2021-191 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

40. Authorizing the Reclassification of the Assistant City Clerk to a Chief Deputy City Clerk (All Wards)
Recommendation
Adopt Resolution 2021-192 of the Mayor and City Council of the City of San Bernardino, California, authorizing the:

1. Reclassification of the Assistant City Clerk to a Chief Deputy City Clerk; and

2. Directing the Finance Director to amend the Fiscal Year 2021/22 Adopted Budget by appropriating an additional $28,059.

Council Member Calvin pulled this item. She asked staff why this reclassification was being requested. City Clerk Rocha stated it was to hire and retain better qualified candidates.

RESULT: ADOPTED RESOLUTION NO. 2021-192 [6-1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Ibarra

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

41. Ordinance Forbidding the Sale of Liquor Within 1,000 Feet of Places Providing Services to Children and Families in San Bernardino - Council Member Reynoso
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Mayor and City Council of the City of San Bernardino Page 23 RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [4-3] MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Ibarra, Reynoso, Calvin, Alexander
NOES: Sanchez, Figueroa, Shorett

42. Censure of the Mayor (All Wards) - Council Member Shorett RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-1] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin Alexander NOES: Figueroa

43. Call a Meeting of the Elected Official Compensation Advisory Commission to Review the Compensation for the City’s Elected Officials as Stipulated in Chapter 2.19 of the San Bernardino Municipal Code. (All Wards) - Council Member Alexander
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [5-2] MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Ibarra, Figueroa, Calvin, Reynoso, Alexander
NOES: Sanchez, Shorett

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on July 21, 2021 at 11:52 PM.

The next joint 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 Friday, July 23, 2021, in the Multi-Purpose Room located at 201 North “E” Suite B, San Bernardino, CA 92401. The Special Meeting will begin at 8:30 a.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, SEPTEMBER 15, 2021
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:31 PM by Mayor Pro Tem Sandra Ibarra on Wednesday, September 15, 2021, 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 Late 5:34 PM
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Absent
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 P.M.

CLOSED SESSION PUBLIC COMMENT
Treasure Ortiz commented that the City needs to hire and retain qualified professionals.

CLOSED SESSION
(A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957):

Title: City Clerk
(MCC)
(B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

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 Left Early Left – 7:44 PM 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 Absent
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor James Grant of Soldier for Christ Church led the invocation. Council Member Alexander led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
There was no reportable action from Closed Session.

CITY MANAGER UPDATE
City Manager Field provided updates on animal licensing, new Police Academy graduates, and the Kendall Slope project.

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MAYOR AND CITY COUNCIL UPDATES
The City Council provided updates including Mexican Independence Day celebrations, rental assistance updates, Carousel Mall property negotiations, and Neighborhood Association meetings.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Treasure Ortiz expressed opposition to the proposed fence around Seccombe Lake and Pioneer Cemetery, stating that funds should instead support solutions and resources for people experiencing homelessness.

Henry Duran introduced himself as a medical student at UCR and director of the San Bernardino Free Clinic and spoke about efforts to connect with homeless services.

Jim Penman reflected on the accomplishments of former Mayor Evelyn Wilcox and past city leadership, expressing concerns that current leadership has not reached the same level of experience or effectiveness.

Dolores Armstead expressed concerns about instability and low morale within the City, and opposed the appointment of David Green as permanent police chief, calling for a national search and public forum.

Tawnya Rhoades Hensley expressed concerns about the departure of seven executive administrative employees and supported preserving a neighborhood area near Electric Avenue and 40th Street as a historic park.

Jessy Owens spoke about street repairs and drainage issues on Rialto Avenue, and expressed opposition to spending $2 million on the Seccombe Lake fence rather than addressing infrastructure needs.

Angel Esparza, representing the Southwest Regional Council of Carpenters, expressed concerns about workers being paid illegally and encouraged the City to consider prevailing wages and local workforce opportunities when approving construction projects.

Delshawn McClellon supported establishing a community workforce agreement to ensure local jobs provide career opportunities, livable wages, and health benefits.

Christian Flores spoke regarding Item 3 and requested that rental applications be translated into commonly spoken languages, citing communication and payment issues affecting Spanish-speaking residents at Santiago Mobile Home Park.

Harry Hatch expressed support for greater transparency from the City Council regarding issues and decisions being discussed.

Zafiro Tellez thanked Councilmembers for assisting residents of Santiago Mobile Home Park and expressed concerns about changes to rent payment procedures, inadequate communication, and the lack of Spanish-language access.

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Mayor and City Council of the City of San Bernardino Page 4 Robert Porter thanked Public Works and Code Enforcement for responding to neighborhood concerns and thanked Council Member Alexander for attending a neighborhood association meeting.

Frank Audi spoke about repeated towing of his work truck from his condominium property and expressed frustration with the lack of assistance or investigation from law enforcement and other agencies.

Gil Navarro expressed opposition to Item 19 and the proposed $2 million Seccombe Lake fencing project, suggesting the funds instead be used for security cameras at local businesses to deter crime.

Gerri DeHart requested assistance finding housing after losing her home, stating that she and her son are facing eviction and that she wants to remain in San Bernardino, particularly Ward 5.

Charlene Dixon opposed appointing David Green as police chief and encouraged the City Manager to conduct a broader search for candidates.

Sigrid Burruss, a trauma surgeon at Loma Linda University, spoke about the connection between trauma, mental health, and unstable housing and requested support for violence prevention and community resources.

Juan Carlos Belliard, a Loma Linda University public health professor, spoke about violence as a public health issue and its connection to limited opportunities, housing, education, and youth disengagement. He encouraged additional community support and opportunities for young people.

Andre Ike, an intervention specialist at Loma Linda University, spoke about his work with Inland Communities United for Change.

Heather Culler spoke on behalf of people with disabilities and supported accessible housing for all residents.

Timothy Prince spoke about San Bernardino’s history and heritage, including Route 66, the railroad, Native American history, and Mormon history.

Peggi Hazlett provided an update on the redistricting process and the committee’s efforts to ensure communities of interest are not divided. She also expressed concerns about the continued homelessness issue and the concrete pile at Oxbow.

Gil Botello expressed opposition to the Seccombe Lake fencing project and suggested the funds be redirected to microgrants for small businesses on the West Side that have been impacted by the loss of the Mt. Vernon Bridge.

E. Negrete expressed concerns about police response policies and calls for service, stating that residents should receive assistance without unnecessary barriers.

Rikke Johnson expressed concerns about City financial management, leadership instability, transparency, and the experience of the City Manager.

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Mayor and City Council of the City of San Bernardino Page 5 Felicia Alexander invited the community and Councilmembers to participate in the Turkey Trot at San Bernardino International Airport on November 25, which will include live and virtual races and family activities.

City Clerk Rocha then read the following written comments aloud, per ADA accommodation:

Tim Dorame expressed opposition to hiring the proposed police chief.

Hardy Brown expressed concerns about the City’s leadership. He also requested clarification regarding the rental assistance program and its beneficiaries.

Council Member Figueroa left the meeting during the Public Comment period.

APPOINTMENTS

1. Electoral Redistricting Advisory Committee (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Gonzalo Carrillo ("Junior") to the Electoral Redistricting Advisory Committee representing Ward 4 with the term ending when the City’s ward map, based upon the 2020 U.S. Census date, is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered voter within the City.

RESULT: APPROVED THE APPOINTMENT OF GONZALO “JUNIOR”

CARRILLO TO THE REDISTRICTING ADVISORY COMMITTEE
[6-0]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

2. General Plan Advisory Committee Appointment (Ward 7) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Joel S. Rothschild as a voting member to the General Plan Advisory Committee representing Ward 7 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City.

RESULT: APPROVED THE APPOINTMENT OF JOEL S. ROTHSCHILD TO THE GENERAL PLAN ADVISORY COMMITTEE [6-0]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa
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DISCUSSION

3. Emergency Rental Assistance Program 2 - State Match (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-224 authorizing the following Emergency Rental Assistance Program actions:

1. Participation in the State Rental Assistance Program (Option ‘B’) established under the American Rescue Plan Act of 2021 (“ERA 2”) by the State Department of Housing and Community Development (“HCD” or the “State”). HCD has represented a switch to Option ‘B’ will result in an initial disbursement to the City of $6,018,454.42 emergency rental assistance funding, with the possibility of two to three times more than that amount (“State Block Grant”);

2. Authorize the City Manager to execute the required materials with HCD to effectuate Option ‘B’, including HCD’s Standard Contract (currently being prepared by the State);

3. Authorize the City Manager to execute a Second Amendment with United Way under City’s emergency purchase authority for administration of the State Block Grant for ERA 2 in a not-too-exceed amount of $600,000, or not more than 10% of the ERA 2 State Block Grant, based on the size of the State Block Grant, with the possibility of additional administration costs based on subsequent disbursements by the State; and

4. Direct the City Council ERAP Sub-Committee to investigate the possibility of utilizing other local service providers for the City’s direct federal allocation of ERA 2 funds, for future City Council consideration.

Director of Community and Economic Development Mike Huntley provided a presentation to the City Council. He stated that the Rental Assistance program was designed to assist residents who have been affected by COVID-19. The renewed contract would not only provide rental and bill assistance, but funds for community programs as well.

Council Member Ibarra stated that she was abstaining from the vote on this item because she did not support the partnership with United Way.

RESULT: ADOPTED RESOLUTION NO. 2021-224 [5-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Shorett, Reynoso, Calvin, Alexander
ABSTAIN: Sandra Ibarra
ABSENT: Juan Figueroa
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4. 2021 Legislative and Regulatory Platform Update (All Wards) Recommendation
Adopt Resolution No. 2021-223 of the Mayor and City Council of the City of San Bernardino, approving an update to the 2021 Legislative and Regulatory Platform, and authorizing the City's voting delegate to vote in opposition of the resolution under consideration by the League of California Cities that would support a constitutional amendment to reallocate local sales and use tax away from cities like the City of San Bernardino.

City Manager Field provided an update regarding the League of California Cities Resolution. He stated that staff strongly supported a vote in opposition, in order to keep sales and use tax revenue within the City.

RESULT: ADOPTED RESOLUTION NO. 2021-223 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

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; PULLED ITEM NOs. 5, 8, 9, AND 19 FOR DISCUSSION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

5. Vendor Services Agreement Hometown Heroes Military Banner Program (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2021-225 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and Creative Commercial Services for various services related to the City of San Bernardino Hometown Heroes Military Banner Program; and

2. Adopt Resolution No. 2021-226 amending the Hometown Heroes Military Banner Program Policy.

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Mayor and City Council of the City of San Bernardino Page 8 Council Member Alexander requested additional banner installation dates to be scheduled throughout the year. City Manager Field advised that the topic would be brought back for consideration at a future meeting.

RESULT: ADOPTED RESOLUTION NOs. 2021-225 AND 2021-226 [6-0] MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

6. Authorize a Professional Services Agreement with Data Ticket, Inc. for Administrative Citation and Administrative Civil Penalty Processing Services (All Wards)
Recommendation
Adopt Resolution No. 2021-227 of the Mayor and City Council of the City of San Bernardino, California, authorizing City Manager to execute a Professional Services Agreement between the City of San Bernardino and Data Ticket to provide administrative citation and administrative penalty citation processing services.

RESULT: ADOPTED RESOLUTION NO. 2021-227 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

7. Subordination of a Deed of Trust in Connection with 1575 Glenview Street, San Bernardino, California (Ward 6)
Recommendation
Adopt Resolution No. 2021-228 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino to approve the Subordination of a Deed of Trust in connection with refinancing a Senior Mortgage related to real property located at 1575 Glenview Street, San Bernardino, California.

RESULT: ADOPTED RESOLUTION NO. 2021-228 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa
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8. Approval of Cannabis Settlement Agreements with Shatter LLC and SBLicense 01 LLC (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution No. 2021-240:

1. Approving Settlement Agreements with Shatter, LLC (Thomas Bamber) and SB License 01, LLC (Qiang Ye) to a) resolve litigation arising from the City’s Measure “O” and voter-approved Chapter 5.10 of the San Bernardino Municipal Code concerning the licensing of cannabis business operations; b) provide for the back payment of $1,910,446.81 in cannabis business license taxes and c) provide for the withdrawal of an initiative aimed at reducing the City’s utility users tax rate which, if approved, would result in a decrease of $14 million/year in the City’s general fund revenues;

2. Authorizing the Director of Finance to amend the FY 2020/21 adopted operating budget to increase cannabis business license revenues in the amount of $1,910,446.81; and

3. Directing the City Manager to execute the settlement agreements and authorize the City Manager and the Director of Community and Economic Development to fully implement the terms of the settlement agreements.

City Manager Field advised that a non-substantive revision to resolve a typo in Recommendation No. 3 had been submitted and added to the Agenda Backup.

RESULT: ADOPTED RESOLUTION NO. 2021-240 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

9. Authorization of Software Service Agreement for Office 365 (All Wards) Recommendation
Adopt Resolution No. 2021-229 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into a professional software services agreement with Insight Public Sector, Inc., for the licensing of Office 365 for a 36-month term for an amount not to exceed $447,339.75; or an annual amount of $149,113.25.

Council Member Reynoso asked about the status of the City’s website upgrade. Deputy Director of Information Technology Marcus Anderson stated that the update was in progress and was separate from the Office 365 agreement.

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Mayor and City Council of the City of San Bernardino Page 10 RESULT: ADOPTED RESOLUTION NO. 2021-229 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

10. Software Services Agreement with GovInvest, Inc. (All Wards) Recommendation
Adopt Resolution No. 2021-230 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and GovInvest Inc. for software services.

RESULT: ADOPTED RESOLUTION NO. 2021-230 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

11. 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 August 2021.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

12. Resolution to Approve a Contract Amendment with DTA Recommendation
Adopt Resolution No. 2021-231 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an amendment to the Professional Services Agreement between the City of San Bernardino and David Taussig & Associates Inc., (DBA “DTA”) for Enhanced Infrastructure Financing District (EIFD) related professional services.

RESULT: ADOPTED RESOLUTION NO. 2021-231 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa
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13. Reclassification of Budget Officer to Budget Division Manager (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-232, authorizing the reclassification of the Budget Officer position to a Budget Division Manager position.

RESULT: ADOPTED RESOLUTION NO. 2021-232 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

14. Professional Services Agreement with Solutions Simplified for DocuSign Software Services (All Wards)
Recommendation
Adopt Resolution No. 2021-233 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Solutions Simplified for DocuSign Software Services.

RESULT: ADOPTED RESOLUTION NO. 2021-233 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

15. Amendment 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, adopt Resolution No. 2021-234 , authorizing the City Manager to amend the Professional Services 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.

RESULT: ADOPTED RESOLUTION NO. 2021-234 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa
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16. Back-Up Generator Replacement (All Wards)
Recommendation
Adopt Resolution No. 2021-235 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a professional services agreement between the City of San Bernardino and California Building Evaluation & Construction, Inc.; and issue a purchase order in an amount not to exceed $344,850.

RESULT: ADOPTED RESOLUTION NO. 2021-235 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

17. Co-Operative Funding Agreement with San Bernardino County for Street Rehabilitation (Wards 1, 2, 4, 6 and 7)
Recommendation
Adopt Resolution 2021-236 of the Mayor and City Council of the City of San Bernardino, California to:

1. Approve a Cooperative Funding Agreement with the County of San Bernardino for street rehabilitation on various streets; and

2. Authorize the Director of Finance to amend the Fiscal Year 2021/22 Capital Improvement Plan (CIP) to include the street rehabilitation cooperation with San Bernardino County on various streets (“Project”) and establish a project budget in an amount not to exceed $3,637,000, in Measure I Fund No. 129, for FY 2021/22, FY 2022/23, and FY 2023/24.

RESULT: ADOPTED RESOLUTION NO. 2021-236 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

18. Appropriation of Funds for Land Development - Willdan Plan Check and Inspection Services (All Wards)
Recommendation
Adopt Resolution 2021-237 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorizing the Director of Finance to amend the Fiscal Year 2021/22 Adopted Operating Budget to appropriate $250,000 from the General Fund to the Public Works Department expense budget in accordance with the Professional Services Agreement with Willdan Engineering for on-call plan check and inspection services related to Land Development; and
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2. Authorizing the Director of Finance to open a purchase order in the amount of $250,000 with Willdan Engineering for on-call plan check and inspection services related to Land Development.

RESULT: ADOPTED RESOLUTION NO. 2021-237 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

19. Construction Agreement Award – Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery (Ward 1)
Recommendation
Adopt Resolution No. 2021-238 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the award of a Construction Agreement with Econo Fence, Inc., in the amount of $2,372,565 for the construction of fencing for Seccombe Lake Park & Pioneer Memorial Cemetery ("Project");

2. Authorizing the project construction, construction contingencies, and engineering and inspection costs in the total amount of $225,000 for construction of the Project; and

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

There was discussion amongst staff and Council Members about why this project was needed. City Manager Field informed everyone that fencing was needed to secure, improve, and maintain the park and cemetery due to consistent vandalization.

RESULT: ADOPTED RESOLUTION NO. 2021-238 [4-2]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Alexander
NOES: Reynoso, Calvin
ABSENT: Juan Figueroa

20. Ordinance for Wastewater Facilities and Collection Rules and Regulations - Adoption (All Wards)
Recommendation
Adopt Ordinance No. MC-1562, an Ordinance of the Mayor and City Council of the City of San Bernardino, California to amend San Bernardino Municipal Code Chapters 13.08, “Connection with Public Sewer” and 13.32, “Wastewater Facilities” and amend San Bernardino Municipal Code Sections 2.28.010, “Approval of Rules and Regulations” and 2.28.020, “Violation - Penalty” and finding the same exempt from California Environmental Quality Act.

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MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

21. Joint Exercise of Powers Agreement – Upper Santa Ana River Watershed Infrastructure Financing Authority (All Wards)
Recommendation
Adopt Resolution No. 2021-239 of the Mayor and City Council of the City of San Bernardino, California, approving the Joint Exercise of Powers Agreement to join the Upper Santa Ana River Watershed Infrastructure Financing Authority; and authorizing the City Manager to execute the Agreement.

RESULT: ADOPTED RESOLUTION NO. 2021-239 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

22. Obtain Quotes for Tiny Homes, Restrooms, and Jobs (With Agencies) for Homeless Population - Mayor Pro-Tem Ibarra (Ward 2)
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, September 15, 2021, at 10:19 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, October 6, 2021, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 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, NOVEMBER 3, 2021
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:32 PM by Mayor John Valdivia on Wednesday, November 3, 2021, 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 Late 5:35 PM
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Late 5:40 PM
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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CLOSED SESSION PUBLIC COMMENT
City Clerk Genoveva Rocha read the following written comment aloud, per ADA accommodation:

Tim Dorame commented on the animal shelter and City Council Member reelections.

CLOSED SESSION
Prior to convening to Closed Session, City Attorney Sonia Carvalho announced that the Closed Session Item was a follow up to an item from June 2021, to consider the potential filing of litigation to recover city funds.

A) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)) 7:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:01 PM by Mayor John Valdivia on Wednesday, November 3, 2021, at Feldheym Central Library, San Bernardino, CA.

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Ron Esparza from Living Water Community Church led the invocation and Pledge of Allegiance.

CLOSED SESSION REPORT
City Attorney Carvalho stated there was no reportable action from Closed Session.

CITY MANAGER UPDATE
At this time, City Manager Rob Field provided citywide updates. Highlights included bus stop upgrades, discounts on animal adoption fees, and recognition of City volunteers.

MAYOR & CITY COUNCIL UPDATES & CONFERENCES/MEETINGS ATTENDED At this time, the Mayor and City Council provided updates. Some updates included Veteran’s Day events, neighborhood association meetings, and updates on the Redistricting Process.

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PRESENTATIONS

1. San Bernardino/Redlands Passenger Rail Project Update by San Bernardino County Transportation Authority (All Wards)
Tim Watkins from the San Bernardino County Transportation Authority gave a presentation to the Mayor and City Council.

2. National Veterans and Military Families Month (All Wards) Mayor Valdivia read the proclamation honoring Military Veterans and Families.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Paula Plunk spoke in opposition to the Halloween video depicting the Finance Department in chains, calling it demeaning and harmful to the City’s reputation and public trust. She called for an apology from the City and Council.

Tawnya Rhoades-Hensley expressed support for preserving the E Street/Kendall slope turnouts and their historical features. She also encouraged the City to pursue grants for a San Bernardino mural and supported a book donation partnership with the Police Department.

Paulina Schiaretti encouraged community support for ongoing cleanup efforts along Baseline Avenue and proposed expanding the program citywide.

Ray Blom requested support for his organization’s economic development and workforce training efforts. He highlighted plans for a new center focused on employment, training, and business development.

Public comment was paused after this speaker, to begin the Electoral Redistricting Public Hearing noticed for 8:00 PM (Item No. 6).

PUBLIC HEARING

6. Public Hearing on Electoral Redistricting Draft Maps (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following actions:

1. Receive the staff report and presentation.

2. Conduct a Public Hearing to obtain public input and provide direction to staff on recommended changes, if any, to the draft map(s).

3. Approve draft map(s) for circulation to the public for comment.

Mayor Valdivia opened the Public Hearing at 8:00 PM.

City Clerk Rocha introduced Andrew Westhall from Bear Demographics. Mr. Westhall provided an overview of the redistricting process so far. He introduced two draft maps for the Mayor and City Council’s consideration. He advised that upon approval of the recommendation, the draft maps would be posted online for public review and comment.

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Mayor and City Council of the City of San Bernardino Page 4 There were two public speakers:

Treasure Ortiz stated that the City wards should be based on police precincts, not Neighborhood Associations.

Jim Penman also stated that the Neighborhood Associations shouldn’t have been considered in developing the draft maps. He also said that the recommendations of the Redistricting Committee should not remove any existing Council Members from their respective ward.

There was discussion amongst the Mayor and City Council and members of the Redistricting Committee regarding the consideration of the Neighborhood Associations in developing new maps, as well as introduction of additional alternative maps. Mr.

Westhall clarified that it was the Redistricting Committee that suggested using Neighborhood Associations when developing maps. Council Members encouraged the public to visit the redistricting website and provide their input. Mr. Westhall advised that he would return with final map options on December 1st for further discussion and consideration.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES: Juan Figueroa
There was a 5-minute recess at the conclusion of the Public Hearing.

Upon resuming the meeting, Public Comment continued.

Robert Porter recognized Native American Heritage Month and Veterans Month and spoke about the E Street/Kendall slope. He acknowledged safety concerns but supported preserving the area and its views.

Dolores Armstead expressed concern about City staffing and management. She called for greater representation and an effort to address systemic issues within City hiring.

Treasure Ortiz spoke in opposition to the Finance Department Halloween video.

John Shollenberger spoke in support of allowing voters to weigh in on the City’s form of government and Charter structure.

Jim Penman spoke in opposition to the Halloween video and criticized the portrayal of Finance Department employees in prison attire. He also expressed concerns about alleged corruption, financial mismanagement, and actions involving the Oxbow area and redistricting.

Ronnie Miller spoke in support of ‘Sisters Making a Difference’ and invited the City and community to participate in its annual Community Christmas event. She encouraged donations and support for the organization’s goal of providing more than 5,000 toys.

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Mayor and City Council of the City of San Bernardino Page 5 Gabriel Jaramillo spoke in opposition to closing the E Street/Kendall slope turnouts. He emphasized their historical value and importance as a place for residents to stop and enjoy the view.

The following speakers were then heard remotely via Zoom:

Claudia Bautista raised concerns about a police operation targeting day laborers at Home Depot, including arrests, citations, and vehicle impoundments. She questioned who authorized the operation and called the 30-day vehicle holds unconstitutional.

Natalie Bautista spoke in support of day laborers and echoed concerns about the largescale police operation, emphasizing that seeking work in public spaces is protected and that workers are valued members of the community.

Lizette Mendoza called for the immediate release of impounded vehicles and advocated for solutions to support day laborers, including a worker’s center with space for local food vendors and access to nutritious meals.

Fanelly Milan spoke against the targeting of low-income day laborers, citing arrests, citations, and vehicle impoundments as an unnecessary abuse of power. She referenced similar enforcement activity the prior week and expressed concern about the treatment of immigrant workers.

City Clerk Rocha then read the following written public comment aloud, per ADA accommodation:

Hardy Brown commented in support of the Electoral Redistricting draft maps. He also inquired regarding a recent NAACP investigation.

At the conclusion of Public Comments, the regular meeting agenda continued with Item No. 3.

APPOINTMENTS

3. Public Safety and Human Relations Commission Appointment (Ward 5) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Anthony J. Roberson to the Public Safety and Human Relations Commission representing Ward 5. Mr. Roberson will replace Daniel E. Peeden with the term ending December 2024. 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 6 RESULT: APPROVED THE APPOINTMENT OF ANTHONY J. ROBERSON

TO THE PUBLIC SAFETY AND HUMAN RELATIONS
COMMISSION [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

4. Electoral Redistricting Advisory Committee Appointment (Ward 1) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Venus L. Williams to the Electoral Redistricting Advisory Committee representing Ward 1. This term will end once the City’s ward map, based upon the 2020 US Census data, is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered voter within the City.

RESULT: APPROVED THE APPOINTMENT OF VENUS L. WILLIAMS TO THE ELECTORAL REDISTRICTING ADVISORY COMMITTEE [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

DISCUSSION

5. Introduction and First Reading of Ordinance MC-1566 Amending Section

8.24.090 Entitled (Mandatory Residential, Commercial and Multi-Family Recycling and Organic Recycling) of the San Bernardino Municipal Code; and Adding Section 8.24.095 Entitled (Mandatory Commercial Edible Food Recovery), into Chapter 8.24 of the San Bernardino Municipal Code.

Recommendation
Introduce, read by title, and waive further reading of Ordinance MC-1566 of the Mayor and City Council of the City of San Bernardino, California, amending Section

8.24.090 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code (“SBMC”) pertaining to requirements for the proper collection and storage of recyclable materials and organic waste and adding Section 8.24.095 to Chapter 8.24 of Title 8 of the SBMC reflecting state requirements for commercial edible food generators and food recovery organizations and services.

City Engineer Alex Qishta provided an overview of the new law and requirements.

Council Members confirmed that the contract regarding the enforcement of the new procedures was still in negotiation.

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Mayor and City Council of the City of San Bernardino Page 7 RESULT: INTRODUCED ORDINANCE MC-1566 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

PUBLIC HEARINGS

1. Receive the staff report and presentation.

2. Conduct a Public Hearing to obtain public input and provide direction to staff on recommended changes, if any, to the draft map(s).

3. Approve draft map(s) for circulation to the public for comment.

This item was heard previously in the meeting according to its posted time.

7. CFD 2019-1 Annexation No. 9 Public Hearing on Annexation No. 9 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. 2021-258 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 are proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 9);

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

4. Adopt Resolution No. 2021-259 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. 9);

5. Introduce Ordinance No. MC-1564 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 2021-22 to pay the annual costs of the maintenance and servicing of landscaping, lighting, streets, street sweeping, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services);
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6. Schedule the final reading and adoption of Ordinance No MC-1564 for November 17, 2021.

Mayor Valdivia opened the Public Hearing at 10:04 p.m.

There were no requests to speak on this item or any written communication received.

There was no presentation by Staff or discussion amongst the Mayor and City Council.

Mayor Valdivia closed the Public Hearing at 10:06 p.m.

Council Member Shorett left the dais prior to taking the vote for this item.

RESULT: ADOPTED RESOLUTION NO. 2021-258 [6-0]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Shorett
City Clerk Rocha announced that all ballots had been cast and the election was closed.

Council Member Shorett returned to the dais for the remainder of the item.

RESULT: ADOPTED RESOLUTION NO. 2021-259 [7-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Council Member Ibarra left the dais for the remainder of the meeting.

Mayor Valdivia read the title of Ordinance No. MC-1564 into the record.

RESULT: INTRODUCED FOR FIRST READING ORDINANCE No. MC-1564 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra
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8. CFD 2019-1 Annexation No. 10 Public Hearing on Annexation No.10 (Ward 3) 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. 2021-260 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 are proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 10);

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

4. Adopt Resolution No. 2021-261 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. 10);

5. Introduce Ordinance No. MC-1565 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 2021-22 to pay the annual costs of the maintenance and servicing of landscaping, lighting, streets, street sweeping, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services);

6. Schedule the final reading and adoption of Ordinance No MC1565 for November 17, 2021.

Mayor Valdivia opened the Public Hearing at 10:09 p.m.

There were no requests to speak on this item or any written communication received.

There was no presentation by Staff or discussion amongst the Mayor and City Council.

Council Member Figueroa announced that this annexation was within Ward 1, not Ward 3 as stated on the agenda. This was confirmed by staff.

Mayor Valdivia closed the Public Hearing at 10:10 p.m.

RESULT: ADOPTED RESOLUTION NO. 2021-260 [6-0]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra
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Mayor and City Council of the City of San Bernardino Page 10 City Clerk Rocha announced that all ballots had been cast and the election was closed.

RESULT: ADOPTED RESOLUTION NO. 2021-261 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra
Mayor Valdivia read the title of Ordinance No. MC-1565 into the record.

RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1565 [6-0]
MOVER: Damon L Alexander, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra

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; PULLED ITEM NO. 14 FOR DISCUSSION [6-0]
MOVER: Fred Shorett, Councilmember, Ward 4
SECONDER: Kimberly Calvin, Councilmember, Ward 6
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra

9. 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 October 2021.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Councilmember, Ward 4
SECONDER: Kimberly Calvin, Councilmember, Ward 6
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra
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10. Memoranda of Understanding and Compensation and Benefits Plan with Bargaining Groups
Recommendation
It is recommended that the Mayor and City Council take the following actions:

1. Adopt Resolution No. 2021-268 of the Mayor and City Council of the City of San Bernardino, California, approving the Middle Management Employees Memorandum of Understanding
(MOU), the General Unit Employees Memorandum of
Understanding (MOU), Job Descriptions, and Updating the City-wide Salary Schedule.

2. Adopt Resolution No. 2021-269 of the Mayor and City Council of the City of San Bernardino, California, approving the Management/Confidential Employees Compensation and
Benefits Plan.

RESULT: ADOPTED RESOLUTION NOs 2021-268 AND 2021-269 [6-0] MOVER: Fred Shorett, Councilmember, Ward 4
SECONDER: Kimberly Calvin, Councilmember, Ward 6
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra

11. Annual Purchase Order for Daniels Tire Service (All Wards) Recommendation
Adopt Resolution No. 2021-263 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with and issue an Annual Purchase Order to Daniels Tire Service for the purpose of supplying light and heavy equipment tires and tire related services in an amount not to exceed $158,000 on an annual basis with four single year renewal options to the Public Works Department, Fleet Division, for the maintenance of City owned vehicles and equipment.

RESULT: ADOPTED RESOLUTION NO. 2021-263 [6-0]
MOVER: Fred Shorett, Councilmember, Ward 4
SECONDER: Kimberly Calvin, Councilmember, Ward 6
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra
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12. Issuance of a Purchase Order to Fairview Ford Sales for the Purchase of One New 2021 Ford F-450 Stake Bed with Tommy Lift Gate and One New Ford F150 Super Cab (All Wards) Recommendation
Adopt Resolution No. 2021-264 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Fairview Ford Sales in an amount not to exceed $100,000 to purchase one new 2021 Ford F-450 Stake Bed with Tommy Lift Gate and one new 2021 Ford F-150 Super Cab.

RESULT: ADOPTED RESOLUTION NO. 2021-264 [6-0]
MOVER: Fred Shorett, Councilmember, Ward 4
SECONDER: Kimberly Calvin, Councilmember, Ward 6
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra

13. Purchase of Vermeer SC802 Stump Cutter (All Wards)
Recommendation
Adopt Resolution No. 2021-265 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the purchase of one new 2021 Vermeer SC802 Stump Cutter in the amount of $73,652.01 for the Public Works Department which was approved for funding through the Fiscal Year 2021/22 Operating Budget Report.

RESULT: ADOPTED RESOLUTION NO. 2021-265 [6-0]
MOVER: Fred Shorett, Councilmember, Ward 4
SECONDER: Kimberly Calvin, Councilmember, Ward 6
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra

14. Award Design Services Agreement for a Raised Median Island Along Kendall Dr Curve
Recommendation
Adopt Resolution No. 2021-266 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Design Services Agreement with Adams Streeter Civil Engineers in the amount of $87,394 for the design of a raised median island and the closure of two turnouts along Kendall Drive from “E” Street to “H” Street.

Council Member Reynoso pulled this item for discussion. He stated that due to concerns from the community, he would like to see two different designs come forward for consideration – one including the two existing turnouts, and one with no turnouts.

Both options would still include a raised median island. Council Member Sanchez made the motion to direct staff to bring back both options at a future meeting.

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ONE ILLUSTRATING THE TURNOUTS OPEN [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra

15. Animal Shelter Electrical Service Replacement (Ward 3) Recommendation
Adopt Resolution No. 2021-267 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorizing the Director of Finance to appropriate entire amount of $149,713 from the Animal Control Department Fund Balance Account to the Animal Shelter Electrical Project Account in accordance with Contract Change Order (CCO) #1 for CIP Project No. 8776 with TSR Construction and Inspection; and

2. Authorizing the Director of Finance to increase the purchase order to reflect the full, approved project cost.

RESULT: ADOPTED RESOLUTION NO. 2021-267 [6-0]
MOVER: Fred Shorett, Councilmember, Ward 4
SECONDER: Kimberly Calvin, Councilmember, Ward 6
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, November 3, 2021, at 10:19 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, November 17, 2021, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 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, AUGUST 5, 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, August 5, 2026, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Late 3:32 P.M.

Sandra Ibarra Council Member, Ward 2 Late 3:34 P.M.

Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Mayor Pro Tem, Ward 5 Late 3:40 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 City Attorney Present
Telicia Lopez City Clerk Present
Vanessa Alvarado 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.

CLOSED SESSION
A.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)):
i.) Gloria Esperanza Garcia De Cano v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2420721
ii.) Elvera Renee Mergil v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2417630
iii.) Anthony Aquino v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2423179
iv.) Eric Esquivel v. City of San Bernardino, Workers’ Compensation Case No.

ADJ18213429
v.) Daniel Han v. City of San Bernardino, Workers’ Compensation Case Nos.

ADJ19178265, ADJ15899911, and ADJ13362722
B.) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)):
i.) Notice of Claim, Rochelle Clayton, dated July 22, 2026, Claim No.

GHC0099867
C.) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)(1)): (1) Case
D.) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS (Pursuant to Government Code Section 54957) (Criteria, Timing, Goal Setting, and Other Preliminary Matters)
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The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:07 PM by Mayor Helen Tran on Wednesday, August 5, 2026, at Feldheym Central Library, San Bernardino, CA.

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 Absent
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 City Attorney Present
Telicia Lopez City Clerk Present
Vanessa Alvarado Deputy City Clerk Present

INVOCATION AND PLEDGE OF ALLEGIANCE
Evangelist Jerry Musgrove from Decently & In Order Ministries led the invocation, and Andy Fuentes from San Bernardino High School led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Albert Maldonado stated that one reportable action was taken regarding A) i. Gloria Esperanza Garcia De Cano v. City of San Bernardino. The City Council unanimously approved a settlement totaling $30,000.

City Manager Eric Levitt announced that Item No. 16 was pulled from the agenda and Items Nos. 18 and 19 were moved to a future meeting.

PUBLIC HEARING

1. Appeal 26-09 Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 (McDonald’s) (Ward 2)
Recommendation:

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

1. Adopt Resolution No. 2026-069 of 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 drivethru 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 (Attachment 1).

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2. Adopt Resolution No. 2026-068 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 26-09, thereby upholding the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and not 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 drivethru 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 (Attachment 3).

Mayor Tran opened the Quasi-Judicial Public Hearing at 5:12 p.m.

City Clerk 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.

Assistant Planner Christian Calisaan presented to the Mayor and City Council Appeal No. 26-09 regarding the proposed McDonald’s with a drive-through at 116 W. Baseline Street.

Council Member Ortiz asked whether staff had received any notices of objection regarding the project. Staff responded that no calls or complaints had been received within the past 10 days.

The appellant’s representative, Zeshaan Eunice, Vice President of Curt & Pringles, gave a presentation in support of Appeal No. 26-09 .

Council Member Ortiz asked the appellant to clarify whether his previous outreach to approximately 10 to 15 nearby residents was separate from the required public noticing.

Mr. Eunice confirmed that the outreach was conducted independently approximately two years earlier and was in addition to the City’s required 1,000-foot notification radius.

There were seventeen (17) public comments.

Mahmud Youcef, owner of Dollar King Plus Market, spoke in support of the proposed McDonald’s, stating that development of the vacant site would increase security, while helping reduce vandalism and other issues in the area.

Ruben Mendoza spoke in opposition to the proposed McDonald’s and questioned the timing and reconsideration of the public hearing, stating that the project conflicts with the City’s planning, health, walkability, and transit-oriented development goals.

An unidentified speaker spoke in opposition to the proposed McDonald’s, citing concerns regarding health impacts, the concentration of fast-food establishments, traffic and neighborhood compatibility, and encouraged investment in healthy food options, local businesses, parks, housing, youth programs, and other community resources.

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Mayor and City Council of the City of San Bernardino Page 5 Ivette Romero spoke in opposition to the proposed McDonald’s, asked the Council to uphold the prior Planning Commission and City Council decisions, and cited concerns regarding repeated reconsideration of the project, fast-food concentration, community health, and the lack of material changes to the proposal.

Andy Fuentes spoke in opposition to the proposed McDonald’s, questioned why the project had been repeatedly reconsidered despite prior denials.

Robert Carillo opposed the proposed McDonald’s and urged the Council to prioritize housing, commercial space, and locally focused development.

An unidentified speaker spoke in opposition to the proposed McDonald’s, citing personal and community health concerns, the need for healthier food options.

Dolores Armstead spoke in opposition to the proposed McDonald’s and encouraged the City to pursue restaurants, coffee shops, and other businesses offering healthier options.

Rodolfina Gamino spoke in opposition to the proposed McDonald’s, citing concerns regarding childhood and adult obesity and diabetes.

Catalina Salinas spoke in opposition to the proposed McDonald’s and encouraged the Council to consider future generations by supporting healthier food choices, grocery stores.

Hector Loera spoke in opposition to the proposed McDonald’s, encouraging the Council to listen to residents and invest in healthier, community-oriented options that would benefit future generations.

Michael Segura spoke in opposition to the proposed McDonald’s and encouraged the City to support local restaurants, cultural resources, mixed-use development, housing, and community-led economic development.

Sharon Negrete spoke in opposition to the proposed McDonald’s, stating that the City should pursue higher-paying jobs, grocery stores, investment, and businesses that attract people to San Bernardino rather than approving additional fast-food establishments.

Mirriam Nieto spoke in opposition to the proposed McDonald’s and encouraged the Council to support local businesses, healthier food options, meaningful employment, cultural amenities, and community-focused economic development.

Luis Ojeda spoke in support of the proposed McDonald’s, stating that residents should have the freedom to choose where and what to eat and that approval of the project would support the free market and send a positive message to prospective developers.

Antonis Christondulen spoke in opposition to the proposed McDonald’s, citing health, land-use, economic, and infrastructure concerns and encouraging development that supports locally owned businesses.

Ivan Garcia spoke in support of the proposed McDonald’s, stating that the project would Packet Page. 177
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Mayor and City Council of the City of San Bernardino Page 6 create employment, improve the site and surrounding streets, address conditions associated with the vacant property.

At this time, the quasi-judicial hearing resumed following the conclusion of public comments.

In rebuttal Zeshaan Eunice reiterated support for the project, citing the property owner’s efforts to develop the vacant site, staff’s recommendation, proposed site and infrastructure improvements, increased security and activity, and the anticipated creation of 40 to 60 jobs and other economic benefits.

The Mayor and City Council discussed alternative uses for the property, the development and permitting process, economic development, and the potential impacts of the proposed project.

The appellant responded to questions regarding alternative businesses and stated that the proposed McDonald’s would activate the vacant site and could encourage additional investment.

Staff clarified the distinction between permitted-by-right uses and uses requiring a Conditional Use Permit within the Transit Overlay District. Council Members also discussed the length of time the property had remained vacant, opportunities for other businesses to develop the site, potential sales tax and economic benefits, and whether a restaurant without a drive-through would be permitted by right.

The public hearing was closed at 6:32 p.m.

There was a motion made by Council Member Shorett to adopt Resolution No. 2026- 069, approving Appeal 26-09, seconded by Council Member Flores.

RESULT: ADOPTED RESOLUTION NO. 2026-069 [5-1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: Sandra Ibarra
ABSENT: Kim Knaus

2. Public Hearing on Annexation No. 54 to Community Facilities District 2019-1 (Maintenance Services) – Quick Quack Car Wash (Ward 2) – Continued from 7/15/26
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 Packet Page. 178
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Mayor and City Council of the City of San Bernardino Page 7 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

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.

Mayor Tran opened the public hearing at 6:35 p.m.

Council Member Juan Figueroa left the dais at 6:35 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 6:36 p.m.

RESULT: ADOPTED RESOLUTION NO. 2026-098 [5-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Flores, Ortiz
NOES: None
ABSENT: Juan Figueroa, Kim Knaus
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Mayor and City Council of the City of San Bernardino Page 8 RESULT: ADOPTED RESOLUTION NO. 2026-099 [5-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Flores, Ortiz
NOES: None
ABSENT: Juan Figueroa, Kim Knaus
RESULT: INTRODUCED ORDINANCE MC-1668 [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Flores, Ortiz
NOES: None
ABSENT: Juan Figueroa, Kim Knaus
City Clerk Lopez read the title of Ordinance MC-1668 into the record.

Council Member Juan Figueroa returned to the dais at 6:39 p.m. after the vote was taken.

The meeting recessed at 6:39 p.m. and reconvened at 6:54 p.m.

At this time, Council member Sandra Ibarra left the meeting.

CITY MANAGER UPDATE
City Manager Eric Levitt provided updates on National Night Out, employee service awards, upcoming Little League regional tournaments, and the grand reopening of Nicholson Park. He also addressed concerns regarding the June 17, 2026 approval of a cannabis dispensary relocation, clarifying that the action complied with the current ordinance and that the updated ordinance had since been posted on the City’s website.

He further clarified the role of the Northwest Project Area Committee (PAC), noting that the dispensary relocation was not a City-initiated project and did not involve City funds or property.

PUBLIC COMMENTS FOR ITEMS ON THE AGENDA
Cat Pritchett spoke in support of Item No. 9 regarding a license agreement for property to construct an airport monument and thanked the City for its continued partnership.

Dulce Becerra spoke of the success of the Love Your Block Grant and encouraged continued community support for efforts to revitalize Shannon Hills Golf Course.

Rikke Van Johnson spoke in opposition to the relocation of the cannabis dispensary to West Highland Avenue.

Stephanie Liggins requested that the City Council revisit the relocation of the cannabis dispensary.

Sally Flores expressed concerns regarding the condition of Waterman Avenue between Packet Page. 180
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Mayor and City Council of the City of San Bernardino Page 9 30th and 44th Streets and spoke in support of reconsidering the federal public safety grant.

Cheryl Brown spoke in opposition to the cannabis dispensary relocation to West Highland Avenue.

Christian Shaughnessy discussed housing, homelessness, public safety, infrastructure, and other challenges facing Ward 2 and emphasized the need for stable and responsive leadership
James Smith expressed support for the McDonald’s project and encouraged the Council to preserve the name of Seccombe Lake Park.

Eddie Torres opposed the DOJ Model Cities Initiative and expressed concerns regarding immigration enforcement, surveillance, and potential collaboration with federal immigration authorities.

Frank Becerra thanked the City and community partners for supporting the Shandin Hills Revival Classic.

Terry Boykins encouraged the City to make a greater commitment to youth and highlighted the growth and success of youth programming supported through Parks and Recreation.

Natalia Saca, Policy Advocate for the Coalition for Humane Immigrant Rights, opposed future consideration of the DOJ Model Cities Initiative.

Tom Vogel announced the reactivation of the Verdemont Neighborhood Association and expressed its commitment to working with the City.

Jornal Kevin Miller spoke on the passing of her cousin, and the need for additional assistance and solutions for the unhoused community.

Robert Palomares expressed opposition to Item No. 16, stating that while there is broad support for the Police Department, that support should not come at the expense of communities of color.

Rev Jo Grace discussed homelessness and affordable housing and encouraged the City to expand preventative services and permanent housing opportunities.

Sharon Negrete expressed support for the animal shelter’s new leadership, and emphasized responsible pet ownership, spaying and neutering, and community involvement.

Rosalynn Lira expressed concerns regarding immigration enforcement, civil liberties, and its impact on immigrant and working-class communities, and urged the City Council to protect the safety and constitutional rights of all residents and spoke in opposition of the DOJ Model Cities Initiative.

Kimberly Calvin opposed the approved cannabis dispensary relocation at 1602 W.

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Mayor and City Council of the City of San Bernardino Page 10 Highland Avenue, expressing concerns regarding the City’s outdated website information, accountability and transparency.

Alejandro Mongorrez spoke in opposition to the DOJ Model Cities Initiative and encouraged investment in community-based programs rather than increased surveillance and enforcement.

Emilio Villar thanked staff for pulling Item No. 16 from the agenda and expressed opposition to the item.

Luz Gallegos expressed opposition to Item No. 16, citing concerns regarding transparency, immigration enforcement, community trust, and advocated for investments in housing, youth services, health programs, and economic development.

Dolores Armstead expressed dissatisfaction with the City Council’s decisions and opposed the cannabis dispensary relocation to the west side.

Mirriam Nieto thanked staff for removing Item No. 16 and expressed opposition to its future consideration, citing concerns regarding community trust and public safety.

Ivan Garcia supported bringing the DOJ Model Cities Initiative back for consideration, citing potential funding for personnel, equipment, mental health and substance-use services, reentry programs, victim services, and youth crime prevention.

Andy Fuentes expressed disappointment with the Council’s decision regarding the McDonald’s project and expressed opposition to Item No. 16.

Michael Segura expressed disappointment regarding the McDonald’s matter, thanked staff for pulling Item No. 16, and expressed hope that the item would not return for future consideration.

Joe Salas highlighted recent community events and youth activities, including National Night Out, Little League, the Shannon Hills Golf Course event, and neighborhood cleanups, and thanked his campaign supporters and fellow candidates following the election.

Hector Loera expressed concerns regarding abandoned buildings, vacant lots, and homelessness and asked how community members could assist the City in addressing these issues.

Luis Ojeda discussed efforts to improve Shandin Hills Golf Course and encouraged community and City collaboration; he also supported reconsideration of the DOJ Model Cities Initiative
Jennifer Ruiz opposed the DOJ Model Cities Initiative and encouraged investment in reentry, employment, education, and housing.

Al Palazzo discussed the historical significance of Route 66 and Mount Vernon Avenue and encouraged the City to install commemorative signage and promote its history.

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Mayor and City Council of the City of San Bernardino Page 11 Maelena Enriquez raised concerns regarding the judgment of a City Council candidate, citing the individual’s social media activity and prior conduct while serving on the City Council.

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

RESULT: APPROVED THE CONSENT CALENDAR,WITH ITEM NO. 16
PULLED FROM THE AGENDA AND ITEM NOS. 5 AND 13 WERE
PULLED FOR FURTHER DISCUSSION [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

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

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

1. October 18, 2023 Regular Meeting Draft Minutes

2. June 3, 2026 Special Meeting Draft Minutes

3. June 8, 2026 Regular Meeting Draft Minutes

4. June 17, 2026 Regular Meeting Draft Minutes
RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

4. Reallocation of $200,000 in American Rescue Plan Act (ARPA) funds from the Façade Improvement Paintbrush Program to the Navigation Center and Approval of Amendment No. 2 to the Agreement with Mandeville Modular Increasing the Not-To-Exceed Amount by $717,620.64 (Ward 1) Recommendation:

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

1. Adopt Resolution No. 2026-126 authorizing the reallocation of $200,000 in previously allocated American Rescue Plan Act (ARPA) funds from the Façade Improvement Paintbrush Program to the Navigation Center Project; and
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2. Approve Amendment No. 2 to the Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular increasing the notto-exceed amount by $717,620.64 for a new total contract amount not to exceed$11,035,053.78; and

3. Approve Change Orders No. 12, 13, and 14 in the total amount of $717,620.64.

RESULT: ADOPTED RESOLUTION NO. 2026-126 AND APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

5. Second Amendment to the Agreement with Best Best & Krieger LLP (BB&K) to Amend the Appointed City Attorney to Albert J. Maldonado Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the Second Amendment to the Agreement with Best Best & Krieger LLP (BB&K) to Amend the Appointed City Attorney to Albert J. Maldonado.

Council Member Ortiz clarified that there were no substantial changes to the financial terms of the contract and that the amendment updated the agreement to identify Albert Maldonado as City Attorney and Ellease Taylor and Andrew Saghian as assistant City Attorneys. Council Member Ortiz then moved to approve the item.

RESULT: APPROVED CITY ATTORNEY APPOINTMENT OF ALBERT J.

MALDONADO [6-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz, Tran
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

6. Adoption of Ordinance No. MC – 1664 Specific Plan Amendment 23-01 and dissolution of Development Agreement 08-02
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1) Adopt Ordinance No. MC – 1664 approving Specific Plan Amendment 23-01 amending the development standards and guidelines of the original development plan and reducing the number of proposed singlefamily 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 1) and 2) dissolving Packet Page. 184
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Mayor and City Council of the City of San Bernardino Page 13 Development Agreement No. 08-02 (Attachment 1).

RESULT: ADOPTED ORDINANCE NO. MC-1664 [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

7. Adoption of Ordinance No. MC-1666 of 2025 Building Code (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Ordinance No. MC-1666 approving new Municipal Code language and approve use of the 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.

RESULT: ADOPTED ORDINANCE NO. MC-1666 [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

8. Adoption of Ordinance No. MC-1667 - 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, adopt Ordinance No. MC-1667 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2026-2027 to pay the 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).

RESULT: ADOPTED ORDINANCE NO. MC-1667 [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus
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9. Inland Valley Development Agency (IVDA) – License Agreement for Airport Gateway Monument at 3rd Street and Palm Avenue (Ward 3) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-127 to approve the following:

1. The License Agreement with the Inland Valley Development Agency (IVDA), granting a revocable license and right of entry over City-owned property located at the southwest corner of 3rd Street and Palm Avenue, San Bernardino, California, for a term of 25 years, expiring 2051, with an option to extend for up to 20 years, for the purpose of constructing, installing, operating, and maintaining an airport gateway monument and related improvements.

2. Authorize the City Manager to execute the License Agreement or any other documents to effectuate the License Agreement.

RESULT: ADOPTED RESOLUTION NO. 2026-127 [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

10. Approve Amendment No. 1 to the Professional Services Agreement with IGM Technology Corporation for the Gravity Budget Software Services; and Extending the Term through January 14, 2030, with a Not To Exceed Amount of $467,071 (All Wards)
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 IGM Technology Corporation to renew and extend the contract term for the Gravity Budget Software Services through January 14, 2030; and

2. Authorize the City Manager, or designee, to execute Amendment No. 1; and

3. Authorize the Finance Director of Finance & Management Services to establish a purchase order for the total Not-to-Exceed contract amount of $467,071 over the five-year term.

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Mayor and City Council of the City of San Bernardino Page 15 RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

11. Pre-Approval of Mayor and City Council Travel for FY 2026/27 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve travel for elected officials for FY 2026/27 as outlined.

Individual travel shall remain subject to available appropriations and compliance with the City’s Travel Authority and Expense Policy.

RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

12. Joint Resolution Updating Authorized Representatives for Existing City and Successor Agency Banking, Investment, Operating, and DebtTrustee Accounts (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the legislative body of the City and separately as the governing board of the Successor Agency to the former Redevelopment Agency of the City of San Bernardino, adopt Joint Resolution No. 2026-128 to:

1. Confirm the existing financial institutions and account programs, and the legal entity and limited purpose applicable to each, as set forth in Exhibit A to the Resolution;

2. Designate the officials named in the Resolution as authorized representatives for the specific banking, investment, operating, debttrustee, and Successor Agency functions stated in the Resolution;

3. Direct the Director of Finance and Management Services to complete institution-required documentation and remove former
authorized representatives from the affected accounts; and

4. Supersede prior resolutions and signatory designations for the accounts addressed by the Resolution only to the extent inconsistent with the authorized-representative designations approved by the Resolution.

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Mayor and City Council of the City of San Bernardino Page 16 This action does not authorize a new depository, a new financial account, a change to the City’s adopted Investment Policy, or a modification of any applicable bond document, trust agreement, Recognized Obligation Payment Schedule, account-specific control, or internal approval requirement.

RESULT: ADOPTED RESOLUTION NO. 2026-128 [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

13. Amendment to Professional Services Agreement with Alliant Insurance Services, Inc.

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Authorize the City Manager or designee to execute the First Amendment to the Professional Services Agreement with Alliant Insurance Services, Inc., increasing the not-to-exceed amount from $150,000 to $780,606.02.

Council member Ortiz clarified that the increase in the not-to-exceed amount from $150,000 to $780,066 for the Alliant service agreement represents approximately $150,000 annually over the five-year contract term and moved to approve the item.

RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

14. Health Benefits Plan Year 2027 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the City's health benefit plans for plan year 2027 and authorize the City Manager to execute any agreements necessary to effectuate the medical, dental, vision, life, short and long-term disability, and other ancillary and voluntary plans that the City offers as part of its benefits package to employees.

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Mayor and City Council of the City of San Bernardino Page 17 RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

15. Resolution Appointing an Interim Director of Community Development & Housing (U) and Approving Employment Agreement
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2026-129:

1. Appointing Mary Lanier as Director of Community Development & Housing (U) on an interim basis effective August 6, 2026; and

2. Approving the Employment Agreement.

RESULT: ADOPTED RESOLUTION NO. 2026-129 [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

16. Notice of Intent to Apply for the U.S. Department of Justice Fiscal Year 2026 Model Cities Initiative Grant (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the attached Resolution No. 2026-130:

1. Acknowledging the submission of an application for the U.S. Department of Justice Fiscal Year 2026 Model Cities Initiative Grant; and

2. Authorizing the City Manager or their designee to conduct all negotiations, signings, submittals, and execution of documents necessary to apply for said grant.

RESULT: NO ACTION TAKEN; ITEM WAS PULLED FROM THE AGENDA BY STAFF
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17. Approve Addendum No. 4 with Rick Engineering Company in the amount of $92,300 for the Navigation Center Project, funded from the previously approved Project construction contingency, increasing the Task Order amount from $350,000 to $442,300 (Ward 1).

Recommendation:

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

1. Approve Addendum No. 4 with Rick Engineering Company for engineering design services in the amount of $92,300, increasing the Task Order authorization from $350,000 to $442,300. Funding will be provided from the previously approved Navigation Center construction general fund loan allocation and does not increase the overall project budget; and

2. Authorize the City Manager or designee to execute all documents with Rick Engineering Company
RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra, Kim Knaus

DISCUSSION

18. Homeless Strategic Action Plan 2026-2030 – Implementation Framework (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file the Homeless Solutions Action Plan, and provide direction to staff regarding implementation priorities, resource allocation, and partnership development for Fiscal Year 2026-2030.

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

19. Policy Options for Shelter Operations, Local Prioritization Requirements Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file the report; discuss policy options; and provide direction to staff regarding the preferred policy framework.

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

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MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community, including the Shandin Hills Golf Course event, National Night Out, the Employee Service Awards, Sizzling Summer Nights, neighborhood cleanups, and upcoming activities at Nicholson Park. They recognized City staff, community organizations, and volunteers for their efforts, welcomed students back to school, highlighted youth programs and community partnerships, and encouraged continued participation in City cleanup efforts and collaboration to improve the community.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, August 5, 2026, at 8:37 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 19, 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
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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, AUGUST 19, 2026
3:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 3:32 PM by Mayor Helen Tran on Wednesday, August 19, 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 3:40 P.M.

Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Absent
Helen Tran Mayor Present
Eric Levitt City Manager Present
Albert Maldonado 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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Mayor and City Council of the City of San Bernardino Page 2 3:30 P.M.

CLOSED SESSION PUBLIC COMMENT
There was one public comment for Closed Session.

Cheryl Brown expressed concerns that Sixth Ward residents are being ignored, citing redevelopment funds, a storage building, and a cannabis business approved despite community objections. She urged the Council to address residents’ concerns and review public officials’ electronic communications and public-record obligations.

City Attorney Albert Maldonado reported that the City received a letter from an attorney representing Local Golf Management, the operator of Shandin Hills, regarding anticipated litigation Item C).

CLOSED SESSION
A.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Renato Urena v. City of San Bernardino, et al., United States District Court Case No. 5:24-cv-00341
ii.) JioVanni Lopez v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2530776
iii.) Foxdale Associates Ltd. v. County of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2320884
iv.) Angela Kay Erickson v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2317760
v.) Ruben Marin IV, a minor by and through his Guardian Ad Litem, Maria Guadalupe Carvajal, San Bernardino Superior Court Case No.

CIVSB2425499
vi.) Miguel Ramirez, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2401224
B.) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) – Discuss Sale of Property i) Property: 290 North D Street
City Negotiator: City Manager or Designee Negotiating Parties: Vanir Development
Under Negotiations: Price and Terms
C.) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(1): (1) Item
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Mayor and City Council of the City of San Bernardino Page 3 5:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:12 PM by Mayor Helen Tran on Wednesday, August 19, 2026, at Feldheym Central Library, San Bernardino, CA.

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Late 7:49 P.M.

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 City Attorney Present
Telicia Lopez City Clerk Present
Perla Lopez Chief Deputy City Clerk Present

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor BJ Sims, Kingdom Culture Worship Centre led the invocation, and Juliann Johnson, from Palm Avenue Elementary School, led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Albert Maldonado reported that there was no reportable action.

PRESENTATIONS

1. Proclamation for International Overdose Awareness Day in the City of San Bernardino – August 31, 2026 (All Wards)
The Mayor and City Council presented the proclamation to James Dettman, Rick Smith, Jessica Baca, Dr. Julie Kasarjian, Rachel Sweitzer, Teresa Hixson, and Ted Tavolazzi of VARP Inc.

APPOINTMENTS
There were no public comments regarding Appointments.

City Manager Eric Levitt pulled Item No. 3 from consideration.

There was a consensus amongst the Council Members to vote on Item Nos. 2, 4, 5, and 6 in one vote.

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Mayor and City Council of the City of San Bernardino Page 4 RESULT: APPROVED ITEMS NOS. 2, 4, 5, AND 6 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz, Mayor Tran NOES: None
ABSENT: Sandra Ibarra

2. Arts and Historical Preservation Commission Appointment of Janette Mckaig (Ward 7)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Janette Mckaig to the Arts and Historical Preservation Commission representing Ward 7 with the term ending December 2028. Janette Mckaig will replace a vacancy formerly held by Victor Suarez.

Council Staff has verified that appointee is a registered voter within the city and is not an employee of the City.

RESULT: APPROVED ARTS AND HISTORICAL PRESERVATION
COMMISSION APPOINTMENT OF JANETTE MCKAIG [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz, Mayor Tran NOES: None
ABSENT: Sandra Ibarra

3. Reappointment of General Plan Advisory Committee Members (Wards 3, 5, 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of the following General Plan Advisory Committee Members:

1. Angela M. Torres as a voting member for Ward 3.

2. Anthony Aguirre as an alternate member for Ward 3.

3. Richard Kaplan as a voting member for Ward 5.

4. Raafi A. Bell as a voting member for Ward 6.

RESULT: NO ACTION TAKEN; PULLED BY STAFF

4. Elected Official Compensation Advisory Commission appointment of Carlos Teran (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Carlos Teran as a voting member to the Elected Official Compensation Advisory Commission representing Ward 6.

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Mayor and City Council of the City of San Bernardino Page 5 Carlos Teran will replace Michael J. Guillory with the term ending December 2028. Council Staff has verified that appointee is a registered voter within the City.

RESULT: APPROVED ELECTED OFFICIAL COMPENSATION ADVISORY COMMISSION APPOINTMENT OF CARLOS TERAN [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz, Mayor Tran NOES: None
ABSENT: Sandra Ibarra

5. Elected Official Compensation Advisory Commission appointment of Mark Baxter (Mayor’s Appointment)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Mark Baxter as a voting member to the Elected Official Compensation Advisory Commission representing the Mayor’s appointment. Mark Baxter will replace Malika Garder with the term ending December 2030. Council Staff has verified that appointee is a registered voter within the City.

RESULT: APPROVED ELECTED OFFICIAL COMPENSATION ADVISORY COMMISSION APPOINTMENT OF MARK BAXTER [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz, Mayor Tran NOES: None
ABSENT: Sandra Ibarra

6. Elected Official Compensation Advisory Commission appointment of Dr. Reginald L. Woods (Mayor’s Appointment)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Dr. Reginald L. Woods as a voting member to the Elected Official Compensation Advisory Commission representing the Mayor’s appointment. Dr. Reginald L. Woods will fill a vacant seat with the term ending December 2030. 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 6 RESULT: APPROVED ELECTED OFFICIAL COMPENSATION ADVISORY COMMISSION APPOINTMENT OF DR. REGINALD L. WOODS [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz, Mayor Tran NOES: None
ABSENT: Sandra Ibarra
City Clerk Lopez administered the Oath of Office to Janette Mckaig and Mark Baxter.

PUBLIC HEARING

7. Public Hearing and Adoption of Fiscal Year 2026-2027 Maximum Permitted Solid Waste Service Rates and Future CPI Adjustments Through Fiscal Year 2030-2031 (All Wards)
Recommendation:

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

1. Conduct the public hearing regarding the proposed Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal Services; and,

2. Determine if written protests have been received from the owners and tenants of parcels which are subject to the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal and whether a majority protest has been received; and,

3. If there is no majority protest, adopt Resolution No 2026-131 of the Mayor and City Council of the City of San Bernardino, California approving the Fiscal Year 2026-2027 Maximum Permitted Service Rates and the annual CPI adjustment schedule for Fiscal Year 2027- 2028 through Fiscal year 2030-2031.

At this time, City Attorney Albert Maldonado explained the requirements of Proposition 218, governing the public hearing and the proposed adoption of the rates and charges.

Director of Public Works Lynn Merrill provided a presentation.

Mayor Tran opened the Public Hearing at 5:41 p.m.

There were three public comments.

Ms. Ashley criticized City decision-making and requested monthly ward meetings to improve community engagement and accountability.

Sam McNeal requested clarification on the calculation of proposed rate increases and expressed concerns about the financial burden, lack of competitive bidding, and the City’s contract extension with the waste provider.

Clementina Pina Bernal opposed the rate increase, citing financial hardship and concerns about the noncompetitive extension of the City’s waste contract.

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Mayor and City Council of the City of San Bernardino Page 7 Mayor Tran closed the Public Hearing at 5:48 p.m.

City Clerk Lopez reported that 44 valid written protests were received and that no majority protest existed. The City Council was advised that it could proceed with consideration of the proposed solid waste service charge increases.

Following further discussion with City Council and Burrtec, Mayor Tran reopened the Public Hearing at 5:52 p.m.

The City Council discussed the impacts of SB 1383, available senior discounts and smaller waste containers, compliance requirements, and public education and enforcement. Staff and Burrtec confirmed that the proposed rates represented the final SB 1383-related cost increase and that the City remained in compliance.

Mayor Tran closed the Public Hearing at 6:12 p.m.

RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED
RESOLUTION NO. 2026-131 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
NOES: None
ABSENT: Sandra Ibarra

CITY MANAGER UPDATE
City Manager Eric Levitt provided the City Manager Update. Highlights included the successful reopening of Nicholson Park, updates on the Pedley Road Community Garden water pressure issue, the installation of 397 solar streetlights, strong participation in the library’s summer reading program, and the 75th anniversary of the Mexico Café.

PUBLIC COMMENTS FOR ITEMS AND ITEMS NOT LISTED ON THE AGENDA Al Palazzo urged the City to leverage San Bernardino’s Route 66 and Westside history for Economic Development and explore attracting a Route 66-themed restaurant to Mount Vernon.

Ron Alvarado, a lifelong San Bernardino resident and Ward 1 candidate, pledged to improve neighborhoods, strengthen accountability, protect public resources, and expand city services and opportunities.

Christian Shaughnessy, a candidate for Ward 2, called for comprehensive solutions to homelessness, stronger maintenance of parks and public spaces, and innovative approaches to downtown and blighted areas.

Lydia Savala criticized Animal Services’ handling of strays and questioned its rising budget and performance, calling for greater accountability and expanded spay/neuter efforts.

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Mayor and City Council of the City of San Bernardino Page 8 Cheryl Brown spoke on the City’s approval of a cannabis business near a senior housing facility and raised concerns about potholes and deteriorating streets, urging the City Council to address both issues.

Larry Schackelford advocated for revitalizing the Shandin Hills Golf course, highlighting its potential to support youth programs and community development through publicprivate partnerships.

Dolores Armstead raised concerns about conflicts of interest, transparency, delayed City Hall operations, outdated traffic and general plans, lack of community input, and alleged corruption.

Dulce Becerra urged the City to improve management and marketing of the Shandin Hills Golf Course, citing deteriorating conditions, rising fees, and a lack of social media promotion compared with Arrowhead Country Club.

Andy Fuentes urged the Council to prioritize transparency and accountability through a forensic audit of the Shandin Hills Golf Course.

Luisa Becerra, Girl Scout from Troop 1134, announced their Little Free Library project and invited the community to its grand opening on August 29th at Anne Shirrells Park.

Howard Friedman supported a downtown business improvement district and raised concerns about animal shelter services and safety at Wildwood Park.

Tansu Philip supported the creation of a Property and Business Improvement District (PBID) to improve downtown San Bernardino’s cleanliness, security, and overall business environment.

David Alvarez reported deteriorating conditions at Shandin Hills Golf Course, declining membership and attendance, and requested a forensic audit of the management contract and financial records.

David Friedman spoke in support of the PBID, emphasizing collaboration, sustainable funding, community involvement, and the need to move forward quickly to improve downtown San Bernardino.

David Loest criticized the decline of Shandin Hills Golf Course under its current management, called for a thorough audit including potential conflicts of interest and staff interviews, and urged the City to consider replacing the management team.

Dominic Gutierrez questioned the management and future of Shandin Hills Golf Course, urging the City to preserve and improve it, while another speaker raised concerns about transportation, illegal dumping, public safety, and neighborhood cleanliness.

Russell Heckert urged the City to preserve Shandin Hills Golf Course for community and youth programs and called for a deeper audit into its finances, including delayed or bounced employee paychecks.

Elvira Zamora requested a special event fee waiver for the nonprofit’s community event Packet Page. 199
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Mayor and City Council of the City of San Bernardino Page 9 Chicano Elegance, emphasizing its role in bringing together San Bernardino residents, businesses, artists, and organizations.

Angel Aguirre urged the City to address crime and homelessness in the west side, improve public safety, and investigate alleged misuse of city funds.

Sharon Negrete requested funding for a dedicated citywide spay and neuter program to reduce stray animals, shelter costs, and taxpayer expenses.

Mirriam Nieto spoke in support of the PBID with safeguards, community involvement, and transparency, and also urged the City to preserve Shandin Hills Golf Course as a public community and youth asset.

Kimberly Calvin praised the Nicholson Park project and urged the City to improve Shandin Hills Golf Course, calling for transparency, accountability, and preservation of the city’s only public golf course.

Clementina Pina Bernal commented on payments received by Mayor. Tran and raised concerns regarding staffing at Shandin Hills. She also expressed concerns about animal shelter services, licensing, spay/neuter programs, illegal rentals, ADU conversions, and street maintenance.

Esi-Mercy Tetteh requested free bus vouchers and additional food pantry and shower resources for individuals experiencing homelessness.

Frank Becerra requested a forensic audit of Shandin Hills and a competitive RFP process for future management.

Ivan Garcia thanked City staff for recent projects and encouraged greater community engagement, business involvement, and revitalization of Shandin Hills Golf Course.

Debbie Kaufman raised concerns about animal shelter capacity and requested a task force to promote animal welfare, provide information on shelter operations, and explore partnerships with local veterinarians.

The meeting recessed at 7:38 p.m. and reconvened at 7:49 p.m.

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.

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Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED THE CONSENT CALENDAR AND ITEM NOS. 9, 10, 13, 19, 20 AND 22 WERE PULLED FOR FURTHER DISCUSSION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

8. Approve Retroactive Fiscal Year 2025/26 Budget Amendments for Housing and Homelessness Activities in the Amount of $1,735,179.97 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-132:

1. Authorizing the Director of Finance and Management Services to make retroactive Fiscal Year 2025-2026 budget amendment to increase expenditure appropriations by a total of $1,735,179.97, consisting of $385,870 in HOME Investment Partnerships Program funds for the Arrowhead Grove Phase 4 Affordable Housing Development Project; $630,580.67 in HOME funds for Jamboree’s 5th and Meridian Affordable Housing Development Project; $551,858.10 in General Fund appropriations for the Rapid Rehousing Services Program; $150,000 in CDBG funds for the Hillside Capital Street Improvements Capital Project; and $16,871.20 in CDBG-CV funds for the Motel Voucher Program.

2. Authorizing the Director of Finance and Management Services to make all necessary budget adjustments and accounting entries required to implement the administrative correction and reappropriate the previously approved funding commitments into the Fiscal Year 2025/26 Operating and Capital Budget.

RESULT: ADOPTED RESOLUTION NO. 2026-132 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

9. Approve the Professional Services Agreement with Healthcare In Action in the Amount of $600,000 to Provide Street Medicine Services and Adopt a Resolution Amending the FY 2026/2027 Operating Budget
Recommendation:

Staff Report and supporting materials will be provided by Wednesday, August 19, 2026
The City Council discussed the $600,000 allocation, including approximately $180,000 requested for a mobile medical van. Concerns were raised about the City funding a Packet Page. 201
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Mayor and City Council of the City of San Bernardino Page 11 vehicle that Healthcare in Action would retain after the two-year agreement, as well as potential liability and whether the vehicle could instead be leased or retained by the City.

Healthcare in Action explained that the mobile van would allow the organization to provide services requiring privacy and medical equipment, including examinations, testing, and medication-assisted treatment. The organization stated that the van would also help connect its services to the City and increase its ability to serve unhoused residents.

Council Members also discussed Healthcare in Action’s harm-reduction practices, including fentanyl test kits, Narcan, syringe disposal, and other supplies. Council Members expressed concerns about the City indirectly funding drug paraphernalia, while Healthcare in Action clarified that its primary focus was reducing substance use, providing medical and psychiatric care, and connecting unhoused individuals with services.

Council Member Ortiz moved to approve the $600,000 agreement based on the City Attorney’s recommendation, with the vehicle arrangement and final budget to be further negotiated and brought back to Council for consideration.

RESULT: APPROVED THE CONTRACT AND ALLOCATED $600,000 FOR THE SPECIFIED SCOPE; THE VEHICLE IS TO BE FURTHER
NEGOTIATED AND BROUGHT BACK TO THE COUNCIL [6-1]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
NOES: Juan Figueroa

10.Special Event Fee Waiver in the amount of $4,332.12 for The Non-Profit Chicano Elegance Event at 4th Street. (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California, authorize the City Manager to waive fees in the amount of $4,332.12 pursuant to Chapter 3.13 of the San Bernardino’s Municipal Code for Special Event Permit 26-013 for the Chicano Elegance Event taking place September 26, 2026, on 4th Street between North E Street and North Stoddard Avenue.

The Council Members discussed the City’s policy regarding fee waivers and noted that, aside from designated events such as Route 66, fee waivers must be approved by Council. Council Members expressed concern about ensuring the process was consistent and not perceived as favoritism.

Council Member Figueroa made a motion to use the Cultural Development Fund instead of the General Fund to cover the fee waiver.

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Mayor and City Council of the City of San Bernardino Page 12 RESULT: APPROVED STAFF’S RECOMMENDATION, AS AMENDED, WITH

THE FUNDING SOURCE CHANGED FROM THE GENERAL FUND
TO THE CULTURAL DEVELOPMENT FUND [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

11.Adoption of Ordinance No. MC-1668 -CFD No. 2019-1 (Maintenance Service) - Annexation No. 54 - Quick Quack Car Wash (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1668 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2026-2027 to pay the 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).

RESULT: ADOPTED ORDINANCE NO. MC-1668 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

12.Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for May 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 May 2026.

13.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:

1. Adopt Resolution No. 2026-134 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 Packet Page. 203
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Mayor and City Council of the City of San Bernardino Page 13 Fiscal Year 2026-27; and

2. Adopt Resolution No. 2026-135 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. 2026-136 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. 2026-137 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. 2026-138 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.

Council Members raised concerns about how assessments were identified in the agenda materials and requested that future items include maps or other clear information showing the affected areas and parcels.

Staff explained that the item was being brought back due to a County policy change and that approval was needed to ensure the assessments could be included on the County tax roll.

RESULT: ADOPTED RESOLUTION NOS. 2026-134, 2026-135, 2026-136, 2026-137, AND 2026-138 [7-0]
MOVER: Kim Knaus, Mayor Pro-Tem, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

14. Investment Portfolio Report for May 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 May 2026.

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Mayor and City Council of the City of San Bernardino Page 14 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

15. Ratification of Additional FY 2024/25 Audit Services of $9,125 Payment to Rogers, Anderson, Malody & Scott, LLP - RAMS (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-139, ratifying additional professional audit services performed by Rogers, Anderson, Malody & Scott, LLP (RAMS) in connection with the City’s Fiscal year 2024-2025 Measure S and Air Quality Improvement Fund audits and authorizing payment of the outstanding $9,125 balance.

RESULT: ADOPTED RESOLUTION NO. 2026-139 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

16.Amendments to Professional Services Agreements for Legal Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute:

1. Second Amendment to the Professional Services Agreement with Carpenter, Rothans and Dumont for representation in the Renato Urena v. City of San Bernardino, et al., United States District Court Case No. 5:24-cv-00341 JGB (SHKx) increasing the notto-exceed amount from $100,000 to $250,000.

2. Third Amendment to the Professional Services Agreement with Graves and King for representation in the Miguel Ramirez, et al. v.

City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2401124 increasing the not-to-exceed amount from $100,000 to $175,000.

3. First Amendment to the Professional Services Agreement with Graves and King for representation in the Angela Kay Erickon v.

City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2317760 increasing the not-to-exceed amount from $100,000 to $175,000.

4. First Amendment to the Professional Services Agreement with Graves and King for representation in the Ruben Marin v. City of San Packet Page. 205
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Mayor and City Council of the City of San Bernardino Page 15 Bernardino, et al., San Bernardino Superior Court Case No.

CIVSB2425499 increasing the not-to-exceed amount from
$100,000 to $200,000.

17. Authorization of Fiscal Year 2026-27 Annual Technology Maintenance, Legacy System Support, Public Safety Technology Services, and Wireless Connectivity with Tyler Technologies, Inc., Harris Computer Systems, and Verizon Wireless in an Aggregate Amount Not to Exceed $1,021,741.93 (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 execute Fiscal Year 2026-27 renewal agreements and related contract documents with Tyler Technologies, Inc., Harris Computer Systems, and Verizon Wireless for the services described in the staff report;

2. Authorize the Director of Finance & Management Services, or their designee, to issue Fiscal year 2026-27 purchase orders in the following amounts:
a. Tyler Technologies, Inc. for AEGIS legacy administrative system support, not to exceed $252,941.46;
b. Tyler Technologies, Inc for Police Department public-safety systems and one-time server upgrade, not to exceed
$532,233.87;
c. Harris Computer Systems for legacy payroll and humancapital-management system support, not to exceed $110,891; and
d. Verizon Wireless for public-safety mobile connectivity and transitional services, not to exceed $125,675
e. The aggregate authorization shall not to exceed $1,021,741.93.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
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Mayor and City Council of the City of San Bernardino Page 16 18 . Authorize the City Manager to Execute Goods Purchase Agreement with B&H Foto and Electronics Corporation for Audio Visual Products and Services Using Region 4 ESC Cooperative Contract No. R250402 in an Aggregate Amount Not to Exceed $120,000 (All Wards)
Recommendation:

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

1. Approve and authorize the City Manager to execute a Goods Purchase Agreement and associated Exhibit documents with B&H Foto and Electronics Corporation to purchase audio visual products, equipment, related accessories, and available services utilizing OMNIA Partners Cooperative Contract No. R250402 issued by Region 4 Education Service Center.

2. Establish a total contract compensation amount not to exceed $120,000 for a term ending September 30, 2028, with options for up to two (2) one-year extensions, subject to and contingent upon discretionary contract renewal by Region 4 Education Service Center.

19.Adoption of the Measure I Valley Major Streets Five-Year Capital Project Needs Analysis for Fiscal year 2027-2028 Through Fiscal Year 2031-2032 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-140 approving the Measure I Valley Major Streets Five-Year Capital Project Needs Analysis for Fiscal Year 2027-2028 through Fiscal Year 2031-2032.

The discussion for Items No. 19 and 22 was combined.

Council Member Ortiz discussed the related paving and Capital Improvement Project items, noting the City had significantly increased street paving efforts and was working toward developing a citywide paving plan. The Council also highlighted Measure I's importance in funding major infrastructure projects.

Council Members emphasized that the items represented a five-year capital project needs analysis and explained that street improvements are planned and approved years in advance. The Council approved the items.

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Mayor and City Council of the City of San Bernardino Page 17 RESULT: ADOPTED RESOLUTION NO. 2026-140 [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

20. Agreement with California Professional Engineering, Inc. for OnCall Installation of Rectangular Rapid Flashing Beacons in an Aggregate Amount Not to Exceed $500,000 Through June 30, 2030 (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 an On-Call Maintenance Services Agreement with California Professional Engineering, Inc for the installation of Rectangular Rapid Flashing Beacons in the total amount not to exceed $500,000 for a term through June 30, 2030; and

2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed $100,000 for the first year of the agreement (FY 26/27).

Council Members discussed the proposed flashing beacon lights and requested clarification on how locations would be determined, including factors such as traffic volume, accidents, pedestrian demand, and vehicle speeds. Council Members emphasized prioritizing school areas with heavy traffic and pedestrian activity.

Council Members also requested equitable consideration of locations across all wards and suggested coordinating the flashing beacons with existing Safe Routes to School funding and planning. Staff indicated the programs could be implemented in conjunction.

RESULT: APPROVED STAFF’S RECOMMENDATION[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
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Mayor and City Council of the City of San Bernardino Page 18

21. Approve Amendment No 1 to Vendor Services Agreement with West Coast Netting for Driving Range Repair Services at the Shandin Hills Golf Course increasing the not to exceed amount by $130,499.36 (Ward 5) Recommendation:

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

1. Approve Amendment No. 1 to the Vendor Services Agreement with West Coast Netting for Driving Range Repair Services at the Shandin Hills Golf Course increasing the not to exceed amount by $130,499.36 for a new total contract amount not to exceed $375,092.36; and

2. Authorize the City Manager to execute all necessary documents and expend the contingency budget as appropriate.

22. Five-Year Capital Improvement Plan FY 2026/27 to FY 2030/31 for Measure I Local Street Program Expenditures (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-141 approving the Revised Measure I FiveYear Capital Improvement Plan for Fiscal Year 2026/27 through Fiscal Year 2030/31 (MICIP) and Measure I Expenditure Strategy.

RESULT: ADOPTED RESOLUTION NO. 2026-141 [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

23.On-Call Maintenance Services Agreement with Yunex LLC for Traffic Signal Improvements at Various Locations in the total amount not to exceed $400,000 for a term through June 30, 2030 (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 an On-Call Maintenance Services Agreement with Yunex. LLC for traffic signal improvements at various locations in the total amount not to exceed $400,000 for a term through June 30, 2030; and
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Mayor and City Council of the City of San Bernardino Page 19

2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $100,000 for the first year of the agreement (FY 26/27).

24.Resolution For Approving Letter of Authorization Agreement for the City Facility Energy Infrastructure Assessment Program with Alliance Building Solutions to Conduct a Comprehensive and No Cost Assessment of City Facilities for Potential Energy Conservation Measures Retrofit, and Finding This Action Exempt from the California Environmental Quality Act. (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2026-142 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Letter of Authorization Agreement for a City Facility Energy Infrastructure Assessment Program with Alliance Building Solutions (ABS) in order to conduct a comprehensive and no cost assessment of city facilities for potential energy conservation measures retrofit, and finding this action exempt from the California Environmental Quality Act.

RESULT: ADOPTED RESOLUTION NO. 2026-142 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

DISCUSSION

25.Designation of Voting Delegates and Alternates for the 2026 League of California Cities Annual Conference and Expo, September 23-25, 2026, Anaheim Convention Center (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one voting delegate and up to two alternate voting delegates to the 2026 Cal Cities Annual Conference and Expo on September 23-25, 2026, Anaheim, California Convention Center.

Council Member Sanchez made a motion to select Council Member Shorett as the Packet Page. 210
Regular Meeting Draft Minutes August 19, 2026
Mayor and City Council of the City of San Bernardino Page 20 voting delegate and himself for the alternate voting delegate.

RESULT: APPROVED THE SELECTION OF COUNCIL MEMBER SHORETT

AS THE CAL CITIES CONFERENCE VOTING DELEGATE, AND
COUNCIL MEMBER SANCHEZ AS ALTERNATE [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

26. Arden Guthrie – Presentation 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.

Stephanie Castro, Economic Development Project Manager, presented the Arden Guthrie developer selection, noting the 17-acre, commercially zoned site had been City-owned since 2006 and was intended for retail development. Staff received proposals from Panorama Properties and Schneider Commercial Real Estate and requested Council direction to proceed with an Exclusive Negotiating Agreement (ENA).

Panorama Properties presented a retail shopping center concept focused on long-term ownership, community engagement, quality tenants, and coordination with nearby schools and transportation agencies. Schneider Commercial Real Estate proposed a center featuring home improvement, furnishings, appliances, grocery, restaurants, and other services, with an emphasis on security, community needs, and leveraging its prior development experience in San Bernardino.

Both developers identified the Highland Avenue freeway off-ramp and surrounding uses as important considerations and indicated the concepts would be refined through the ENA process. Schneider estimated approximately $1.2 million in annual sales tax revenue to the City. Council was asked to provide direction on selecting a developer and moving forward with the ENA process.

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 Figueroa made the motion, and Council Member Ortiz seconded the motion.

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Mayor and City Council of the City of San Bernardino Page 21 RESULT: CONTINUED THE MEETING PAST 9:00 P.M., IN ACCORDANCE WITH RESOLUTION NO. 2024-029 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
The discussion for Item No. 26 continued.

Council Members emphasized the importance of securing quality tenants, generating sales tax revenue, addressing the site’s freeway access and surrounding conditions, and conducting inclusive community outreach. Both developers confirmed they did not yet have formal letters of intent from tenants but had begun discussions with potential retailers.

Council also discussed the purpose and timeline of the ENA process, with staff indicating they would return within approximately 30–45 days with proposed timelines and negotiation terms. Council raised questions about each developer’s financing, experience, and ability to complete the project. Council Members supported Panorama Properties, noting its tenant relationships and placemaking experience, and moved to proceed with Panorama on an ENA.

Council discussed potential anchor tenants, including grocery stores and Porto’s, and emphasized the importance of bringing new, high-quality development to San Bernardino. Staff and the developers discussed tenant outreach, with Schneider noting its experience with Walmart-centered developments and its cautious approach to securing tenants before entering the ENA process.

Council Member Ortiz made a motion to select Panorama Developments and Mayor ProTem Knaus seconded the motion. Council Member Shorett made a substitute motion to select Schneider Commercial Real Estate, and Council Member Sanchez seconded the motion.

RESULT: FAILED TO SELECT SCHNEIDER COMMERCIAL REAL ESTATE [2-5]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez and Shorett
NOES: Ibarra, Figueroa, Knaus, Flores, Ortiz
Council voted on the original motion.

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Regular Meeting Draft Minutes August 19, 2026
Mayor and City Council of the City of San Bernardino Page 22 RESULT: APPROVED THE SELECTION OF PANORAMA DEVELOPMENT [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
City Manager Levitt announced that for Item No. 27, the presentation would be for informational purposes only, with no action or decision to be taken that evening.

27. Downtown San Bernardino PBID Phase II Formation - $74,500 Agreement with Civitas Advisors, Inc. and Fiscal Year 2026-2027 General Fund Budget Amendment (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-143:

1. Receive and file the oral presentation from Civitas Advisors Inc., on the Downtown San Bernardino Property and Business Improvement District (PBID) Formation Phase I Final Feasibility Study and Findings / Overview of the proposed Phase II Formation process; and

2. Authorizing the City Manager, or designee, to execute the Professional Services Agreement (PSA) with Civitas Advisors Inc., for the Downtown San Bernardino Property and Business Improvement District (PBID) Formation Services Phase II in an amount not-to-exceed $74,500 and, signing subsequent, necessary, and related documents to implement the PSA; and

3. Authorizing the Director of Finance and Management Services, or designee, to amend the FY 2026/27 Operating Budget in the amount of $74,500 for the Phase II Formation of the Downtown San Bernardino Property and Business Improvement District, and; moving the funds into Economic Development Department Professional Contractual Services; and

4. Authorizing the Director of Finance and Management Services, or designee, to issue a purchase order in the amount of $74,500 to Civitas Advisors, Inc
The Mayor and City Council received a presentation on the proposed Downtown San Bernardino PBID Phase 2 formation. The feasibility study found support among participating property owners, with priorities including cleanliness, safety, and capital improvements. The proposed PBID could generate about $300,000 annually, and formation would require additional property-owner approval.

Council Members requested that the PBID discussion be incorporated into the broader downtown revitalization and strategic planning discussions scheduled for September. The item was received and filed with no action taken.

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Regular Meeting Draft Minutes August 19, 2026
Mayor and City Council of the City of San Bernardino Page 23 RESULT: NO ACTION TAKEN; RECEIVED AND FILED

28.Shandin Hills Golf Club Management Agreement -Audit Status Update (Ward 5)
Recommendation:

It is recommended that the Mayor and City Council receive and file this status report on the independent, agreed-upon audit of the Shandin Hills Golf Club Management Agreement. If the City Council chooses to add scope to the audit staff can amend the scope of work.

The City Council discussed expanding the Shandin Hills Golf Club management agreement audit to provide a comprehensive review of financial activities, management transitions, City expenditures, revenues, assets, maintenance, annual plans, and operational performance. They requested that the audit include a five-year financial trend, transactions outside the point-of-sale system, dual memberships, equipment and asset verification, maintenance records, and relevant records from other golf course operations as permitted by the management agreement.

Council Members also emphasized the need to distinguish the responsibilities of the City from those of the management company, including capital improvement funding and contract oversight. Staff confirmed that the audit would review both parties’ responsibilities and identify budgeted expenditures, gaps, and compliance issues. A structural assessment of the golf course facilities and additional financial information were also requested.

RESULT: NO ACTION TAKEN; RECEIVED AND FILED

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included updates on homelessness funding, the grand reopening of Nicholson Park, and upcoming community events. Council Members commended City staff and departments for their responsiveness, project coordination, and community engagement. Updates also included the San Bernardino Public Library’s fall book sale, an upcoming community cleanup and beautification effort, and a community meeting scheduled.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, August 19, 2026, at 10:45 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 September 2, 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
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Clerk
Subject: Adoption of Ordinance No. MC-1671 Requiring Notification of Homeless Individuals Drop-offs in the City
Recommendation:

City Manager's Comments
The City Manager recommends approval.

Executive Summary
Homelessness is a regional issue that requires coordination among cities, public agencies, and service providers. The proposed Ordinance establishes a notification process for organizations and agencies transporting individuals experiencing homelessness into San Bernardino. The process will improve service coordination, promote regional accountability, and help the City manage limited resources. The Ordinance does not prohibit transportation or an individual’s right to travel.

Background
Homelessness is a regional issue because the geographic distribution of homelessness reveals stark disparities, with a significant portion concentrated in populous communities that have homeless shelters and provide supportive services.

In order to fairly address these issues, public agencies need to partner and work together collaboratively to focus on creating long-term solutions instead of disproportionately burdening the cities that provide more robust homeless services than their neighboring public agencies.

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When individuals are transported into San Bernardino without coordinated discharge planning or service linkage, the City’s limited shelter beds, outreach capacity, and housing resources are further strained. These circumstances can create a disproportionate service and financial burden on the City and may reduce available resources for individuals for whom San Bernardino has primary responsibility.

Furthermore, a significant percentage of recuperative care patients originate from outside the City, and a substantial portion remain in San Bernardino following discharge without a permanent housing plan. Without coordinated placement, many individuals return to unsheltered homelessness within City limits.

In addition to operational impacts, uncoordinated drop-offs create fiscal impacts. Staff expends a significant amount of resources to provide shelter, rental assistance, housing navigation, case management, and outreach services necessary to stabilize each unsheltered individual. When individuals are transported into the City without coordination and subsequently require services, these costs are borne by City resources and may reduce capacity to serve individuals for whom the City has primary responsibility.

Given the regional nature of homelessness and the limited availability of housing and supportive services, the City seeks to ensure improved coordination when individuals are transported into San Bernardino by other agencies and organizations.

Discussion
The proposed Ordinance would add Chapter 9.50 to the City of San Bernardino Municipal Code, establishing a reporting requirement for transportation of individuals who lack a fixed, regular, and adequate nighttime residence into the City.

The Ordinance does not prohibit transportation of individuals experiencing homelessness into the City. Instead, it establishes a minimal reporting and coordination framework designed to ensure continuity of care, protect public health and safety, and responsibly manage limited municipal resources.

The Ordinance requires that pre-scheduled drop-offs must occur during normal business hours (8:00 a.m. to 5:00 p.m. Sunday through Saturday) to allow City staff and service providers to coordinate shelter placement, behavioral health services, and housing navigation.

Under the proposed Ordinance, any organization including non-profit organizations or government entity, or employee or agent acting on behalf of an organization or government entity, who intends to transport and drop off an individual who lacks a fixed, regular, and adequate nighttime residence within the City must provide written notice (i.e. form of an email, website form, or application) to the City Manager and the Deputy Director of Housing and Homelessness at least 24 hours prior to the drop-off.

The notice must include:

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1. The name, address, phone number, and email address of the government entity or other organization providing the notice;

2. The date and time of the notification;

3. The staff person submitting the notification;

4. The full name (first name, last name, and middle initial), date of birth, phone number of the individual being transported and/or dropped off;

5. The location where the person named is being transported from;

6. The reason for transport (Shelter placement, Family Reunification, Medical/Behavioral Health, Other: _____);

7. The name, address, phone number and email of the organization to whom the person being transported is being delivered;

8. Whether the organization receiving the person being transported has confirmed the acceptance of the person prior to being transported;

9. A list of any conditions that the organization receiving the person being transported requires prior to their acceptance of that person;

10.The name and title of the staff person who has agreed to receive the person being transported;

11.The expected date, time, and mode of transportation by which the person is being transported;

12.The names and titles of staff members accompanying the person being transported;

13.Whether the person being transported requires any assistance to maintain Activities of Daily Living (Y/N);

14.The criminal justice status of the person being transported (i.e. Probation/Parole (County:_____);

15.Whether person being transported is required to be listed on Sex Offender Registry as per PC 290 (Y/N); and

16.Whether the person being transported has any Arson Related Restrictions (Y/N).

The proposed Ordinance also requires that any organization or government entity, or any employee or agent acting on behalf of an organization or government entity, who files a notice, as described above, and/or who transports and/or drops-off an individual who lacks a fixed, regular, and adequate nighttime residence within the City, must provide a follow-up written notice (i.e. form of an email, website form, or application) to the Deputy Director of Housing and Homelessness at least 24 hours prior to the drop-off.

The follow-up notice must include:

1. The name of the individual that was transported and/or the name of the person for whom the notice, as per the requirements of the notice above, was submitted;

2. The exact drop-off location of the person that was transported;

3. The Date and time of the drop-off;

4. Whether the person being dropped off was successfully placed into services; Packet Page. 217

5. The name and title of the staff member that accepted the person being dropped-off into their services; and

6. If the person was not transported and/or successfully placed into services, an explanation of why the person was not transported and/or successfully placed, including a description of what happened to the person and whether any follow-up contact has been scheduled.

The Ordinance defines the phrase “lacks a fixed, regular, and adequate nighttime residence” consistent with commonly used homelessness definitions, including individuals residing in places not meant for habitation, temporary shelters, certain institutional settings, or exiting detention without a stable residence.

The Ordinance includes explicit exemptions for lawful and necessary activities, including:
• Transportation for booking into jail or custody alternatives; • Transportation to licensed medical facilities;
• Transportation to verified social service or court appointments; • Transportation conducted by the City of San Bernardino within its jurisdiction; and
• Public transit operations.

The purpose of the reporting requirement is to:
• Identify the place of origin of individuals transported into the City of San Bernardino;
• Improve coordination with service providers to reduce the likelihood that individuals are released into unsheltered conditions;
• Facilitate interjurisdictional dialogue regarding shared responsibility and funding; and
• Ensure that limited City shelter and outreach resources are managed effectively.

To mitigate the financial burden and negative impacts associated with uncoordinated drop-offs, it is necessary to establish coordination with service providers and increase access to housing navigation, case management, and behavioral health support.

Research and local experience demonstrate that coordinated service planning significantly reduces the likelihood of individuals returning to chronic homelessness.

The Ordinance regulates institutional transportation practices and does not restrict an individual’s right to travel or relocate. It does not criminalize homelessness and does not prohibit charitable acts or basic survival assistance as outlined in Government Code section 53069.44.

The City of San Bernardino, as a charter city, possesses authority under Article XI, Section 7 of the California Constitution to enact police, sanitary, and other regulations to protect public health, safety, and general welfare. The proposed Ordinance Packet Page. 218
constitutes a limited administrative reporting requirement intended to address identifiable fiscal and operational impacts while supporting a coordinated and compassionate response to homelessness.

The intent of the Ordinance is threefold:

1. Ensure Coordination and Continuity of Services
Advance notice allows City staff and service providers to confirm shelter availability, behavioral health needs, and housing navigation pathways to prevent individuals from being released into unsheltered conditions without support.

2. Promote Regional Accountability
Reporting enables the City to identify jurisdictions of origin and engage in datadriven dialogue regarding shared responsibility, funding allocation, and regional planning.

3. Protect Public Health and Safety
Individuals transported without a service plan face heightened risks of victimization, untreated medical or behavioral health conditions, and chronic homelessness. Coordinated discharge planning reduces the likelihood that individuals will return to the streets without support.

To ensure compliance with the reporting requirements, the Ordinance establishes an enforcement framework through the City’s existing administrative citation process for each day of non-compliance. The City may pursue additional remedies including declaring a public nuisance, administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law, and such remedies are cumulative to each other.

The Ordinance also includes a severability provision to ensure that if any part or provision of the chapter, or its application to any person or circumstance, is found invalid by a court of competent jurisdiction, the remaining provisions of the chapter will continue in full force and effect.

Strategic Goals and Priorities
Approval of the Ordinance aligns with Goal No. 3: Improved Quality of Life. (“a. Reduce the burden of the unsheltered through engagement, collaboration, and partnerships with other entities.”)
The Mayor and City Council’s approval of the Ordinance would potentially help to alleviate the fiscal and operational burdens on City resources from additional homeless individuals being brought into the City in an uncoordinated fashion.

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Fiscal Impact
There should be no fiscal impact to the City assuming compliance with the Ordinance.

There will be an undetermined fiscal impact from administrative citations issued and collected for violators of the Ordinance.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1671, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 9.50 to Article IV of Title 9 of the San Bernardino Municipal Code, requiring a notification of transport of unhoused persons who lack a fixed, regular, and adequate nighttime residence to the City of San Bernardino.

Attachments
Attachment 1 Ordinance No. MC-1671
Attachment 2 Ordinance No. MC-1671 Exhibit A
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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Ordinance No. MC-1671
1 ORDINANCE NO. MC-1671

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 9.50 TO ARTICLE IV OF TITLE 9 OF

THE SAN BERNARDINO MUNICIPAL CODE, REQUIRING

A NOTIFICATION OF TRANSPORT OF UNHOUSED

PERSONS WHO LACK A FIXED, REGULAR, AND

ADEQUATE NIGHTTIME RESIDENCE TO THE CITY OF

SAN BERNARDINO
WHEREAS, the City of San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, homelessness continues to be one of the largest social challenges facing our community; and
WHEREAS, homelessness is a regional issue because the geographic distribution of homelessness reveals stark disparities, with a significant portion concentrated in populous communities that have homeless shelters and provide supportive services. In order to fairly address these issues, public agencies need to partner and work together collaboratively to focus on creating long-term solutions instead of disproportionately burdening the cities that provide more robust homeless services than their neighboring public agencies; and WHEREAS, Welfare and Institutions Code § 17000 provides: “Every county and every city and county shall relieve and support all incompetent, poor, indigent persons, and those incapacitated by age, disease, or accident, lawfully resident therein, when such person are not supported and relieved by their relatives or friends, by their own means, or by state of private institutions”; and
WHEREAS, Government Code § 65580 requires all local governments “…to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community.” Government Code § 65583(a)(7) also requires public entities to conduct an analysis of special housing needs including housing for those who are in need of emergency shelter; and
WHEREAS, Every public agency is legally responsible to support their own indigent population; and
WHEREAS, the City Council is committed to protecting the life, health, and safety of its residents. As a result, the City has invested money in building several homeless shelters, motel voucher programs, rapid rehousing programs, and more; and WHEREAS, the City has experienced significant increases in homelessness in recent years. The City is home to a number of governmental and non-profit homeless service providers Packet Page. 221
Ordinance No. MC-1671
2 which contribute to an influx of unhoused individuals who originate from neighboring public agencies and come to the City; and
WHEREAS, the City’s 2026 Point-in-time count reported that 1,172 people were experiencing unsheltered homelessness within the City; and WHEREAS, when other public agencies and other organizations drop unhoused individuals from other jurisdictions into the City, it ends up creating a nuisance for the City because some unhoused individuals from other jurisdictions end up refusing services, going back onto the streets, and committing crimes. Often the City has to expand public funds to abate homeless encampments. Because dropping unhoused individuals in the City causes more unhoused individuals from other places of origin to remain in the City, it places a huge financial burden on the City to address the issues the drop-offs create; and WHEREAS, an influx of unhoused individuals from neighboring public agencies and other organizations take allocated resources away from those unhoused individuals who the City is legally responsible to serve. Individuals transported to and dropped in the City without a stable housing plan increases the City’s need for shelter, street base services and further contributes to the City’s housing instability; and
WHEREAS, in order to mitigate the financial burden and negative impacts to the City of unhoused individuals being dropped within its jurisdiction, it is necessary to establish coordination with service providers and increase access to housing navigation, case management, and behavioral health support, which can significantly reduce the likelihood of individuals suffering chronic homelessness from returning to the streets; and WHEREAS, there are significant costs to the City to provide services when one unhoused person is dropped into our community without any coordination and ends up on the streets; and WHEREAS, the minimal reporting requirements of this Ordinance will provide information necessary for the City: (1) to coordinate the City’s limited resources available to address the needs of those facing housing instability; (2) to mitigate the health and safety impacts associated with housing instability; (3) to identify the place of origin of unhoused persons being transported into the City to facilitate dialogue between jurisdictions and other organizations to address the underlying conditions causing the inflow and to request the allocation of funding necessary to not overburden the City; and
WHEREAS, this Ordinance does not prohibit any person or organization from directly providing support services to a person who is unhoused or from assisting a person who is unhoused with acts related to basic survival as outline in California Government Code Section 53069.44, including providing food/water/blankets/pillows/items to protect from the elements and items for immediate personal health and hygiene.

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.

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Ordinance No. MC-1671
3 SECTION 2. Chapter 9.50 is hereby added to the City of San Bernardino Municipal Code to state, in full, as provided in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 4. CEQA. The Mayor and 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 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of October 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Albert J. Maldonado, City Attorney
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Ordinance No. MC-1671
4 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 Ordinance No. MC-1671, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of September 2026. Ordinance No. MC-1671 was approved/ passed and adopted at a regular meeting held the 7th day of October 2026 by the following vote:

Telicia Lopez, CMC, City Clerk
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EXHIBIT A
Chapter 9.50: NOTIFICATION OF TRANSPORT OF UNHOUSED PERSONS TO THE CITY
Section 9.50.010 Purpose.

This ordinance shall be known as the Notification of Transport of Unhoused Persons Who Lack a Fixed, Regular and Adequate Nighttime Residence. The purpose of this ordinance is to:
(A)Identify the place of origin for persons who lack a fixed, regular, and adequate nighttime residence in the City;
(B) Identify any county, city, other governmental entity, or other organization including but not limited to non-profits that transports persons who lack a fixed, regular, and adequate, nighttime residence in the City;
(C) Require government agencies and other organizations to aid such persons by providing shelter, care, outreach, and other homelessness-related resources in their own jurisdictions rather than simply just transporting these individuals to the City; (D)Manage and prioritize the City’s limited homelessness-related resources (including shelter, outreach, and supportive services) for the benefit of individuals who reside in or originate from the City; and
(E) Prevent government agencies and other organizations from engaging in cruel and inhumane treatment of unhoused individuals by merely dumping them in the City without any coordinated plan for services.

Section 9.50.020 Duty to Notify of Transfer of Unhoused Persons Who Lack a Fixed, Regular, Adequate Nighttime Residence.

All government entities, organizations, including non-profit organizations, shall comply with the follow regulations:
(A)Pre-scheduled drop-offs can only occur during normal business hours 8:00 a.m. to 5:00 p.m. Sunday through Saturday.
(B) Before any government entity, other organization, or employee or agent acting on behalf of any governmental entity or other organization can transport and drop off an unhoused individual who lacks a fixed, regular, and adequate nighttime residence on public property or private property that is accessible to the public in the City, the government entity, organization, or employee/agent acting on behalf of any governmental entity or other organization shall notify in writing via email the Deputy Director of Housing & Homelessness of the transport and drop-off 24 hours in advance of the occurrence to ensure proper coordination so that the individual goes into supportive services and does not end up living on the streets in the City. When a public entity or other organization notifies the Packet Page. 225
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City of an upcoming drop-off, they must provide the following written information (“Initial Notice”) to the City to ensure continuity of services:

1. The name, address, phone number, and email address of the government entity or organization providing the notice;

2. The date and time of the notice;

3. The staff person submitting the notice;

4. The full name (first name, middle initial, and last name), date of birth, and phone number of the individual being transported and/or dropped off;

5. The location where the person named is being transported from;

6. The reason for transport (shelter placement, family reunification, medical/behavioral health, other);

7. The name, address, and email address of the organization to whom the person being transported is being delivered;

8. Whether the organization receiving the person being transported has confirmed the acceptance of the person prior to being transported;

9. A list of any conditions that the organization receiving the person being transported requires prior to their acceptance of that person;

10. The name and title of the staff person who has agreed to receive the person being transported;

11. The expected date, time, and mode of transportation by which the person is being transported;

12. The names and titles of staff members accompanying the person being transported;

13. The criminal justice status of the person being transported (i.e. Probation/Parole and if applicable in which county);

14. Whether the person being transported is registered on the Sex Offender Registry as per Cal. Penal Code § 290; and

15. Whether the person being transported is registered as an Arson Offender as per Cal. Penal Code § 457.1.
(C) 24 hours after submitting notice, as per Section 3 Subsection B above, and/or after any government entity, organization, or any employee or agent acting on behalf of any governmental entity or organization transports and/or drops off an unhoused individual who lacks a fixed, regular, and adequate nighttime residence on public property or private Packet Page. 226
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property that is accessible to the public in the City, the employee/agent acting on behalf of any governmental entity or other organization shall send via email a drop-off confirmation notification (“Confirmation Notice”) to the Deputy Director of Housing & Homelessness of San Bernardino of the status of the transport/drop off to ensure proper coordination so that the individual goes into supportive services and does not end up living on the streets of San Bernardino. The Confirmation Notice shall include:

1. The name of the individual who was transported;

2. The exact drop off location of the person who was transported;

3. The date and time of the drop-off;

4. Whether the person who was being dropped off was successfully placed into the services;

5. The name and title of the staff member that accepted the person being droppedoff into their services; and

6. If the person was not successfully transported and placed into services, an explanation of why the person was not transported successfully, including a description of what happened to the person, and whether any follow-up contact has been scheduled.
(D)A person “lacks a fixed, regular, and adequate nighttime residence within Section 3 Subsection B when a person has a nighttime residence:

1. That is not meant for habitation; or

2. Lives in a publicly or privately operated shelter designed to provide temporary living arrangements; or

3. Is exiting an institution where he/she/they resided for ninety days or less and who resided in an emergency shelter; or

4. Is exiting a detention center in the City without having a primary nighttime residence to return to upon release.
(E) Subsection A shall not prohibit the following activities:

1. Transporting a person to be booked into a county jail or admitted into a countydesignated custody alternative facility; or

2. Transporting a person to be treated at a licensed hospital or medical facility; or

3. Transporting a person to attend a verified appointment with a government or non-profit social service provider; or
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4. Transporting a person to attend a verified hearing at the San Bernardino County Superior Court; or

5. Any transportation undertaken by the City within the City; or

6. The operations of a governmental provider of public transportation.

Section 9.50.030 Enforcement. Any person, governmental entity, agency, or other organization who transports an unhoused individual into the City of San Bernardino and who violates any provision of this Chapter may be issued an administrative citation in accordance with Chapter 9.92 of the City’s Municipal Code for each individualized instance of non-compliance. It is unlawful and declared a public nuisance to violate any provision of this Chapter. The City may also enforce violations of this Chapter by administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law. The remedies, procedures, and penalties contained herein are cumulative to each other and to any other remedies, procedures, and penalties available under City, State, or Federal Law. These remedies, procedures, and penalties contained herein shall apply to each individualized instance of non-compliance.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Adoption of Ordinance No. MC-1672 Requiring Vacant or Abandoned Properties to Register with the City and to
Impose Certain Property Maintenance Obligations
Recommendation:

City Manager's Comments
The City Manager recommends approval.

Executive Summary
Vacant properties can create significant public health, safety, and blight concerns, particularly when unlawfully occupied. The proposed Ordinance establishes maintenance, registration, and inspection requirements for properties that remain vacant for more than 90 consecutive days. These requirements will help the City identify and monitor vacant properties, address unsafe conditions, and hold property owners accountable for maintaining their properties. The Ordinance will help reduce blight and protect the health, safety, and quality of City neighborhoods.

Background
Vacant properties can readily become attractive nuisances, creating significant risk to public health, safety, and the City’s overall welfare. Over the years, the City has encountered several instances in which unhoused individuals have unlawfully entered and occupied a vacant property. While occupying the property, the unhoused individuals started fires, which led to partial or complete fire damage to the structures. These circumstances demonstrate that vacant properties may pose significant risks to public Packet Page. 229
health and safety and contribute to the spread of blight within the community.

Discussion
To reduce blight and promote active property use, the recommended Ordinance would implement vacant property maintenance, registration, and inspection requirements for vacant or abandoned residential, commercial, and industrial properties. The requirements will apply only to property that meets the definition of “Vacant Property.” “Vacant Property” is “[r]eal property containing a building or structure that is unoccupied and not being lawfully used for its intended purpose.” The definition will not extend to property that is temporarily unoccupied.

The Ordinance includes several additional requirements intended to strengthen compliance, accountability, and public safety. For each quarterly inspection, the property owner would be required to inspect the property, certify compliance with the Ordinance, and submit a written report to the City. The property owner would also be required to coordinate the quarterly inspection with the City so that a Code Enforcement representative is present and signs the written inspection report prior to its submission to the City. The property owner would be responsible for paying the reasonable costs associated with the presence of the Code Enforcement representative at each quarterly inspection. In addition, any security alarm system serving a vacant property would be required to comply with Chapter 8.81 of the San Bernardino Municipal Code, including obtaining an alarm permit from the City’s Police Department. The property owner would also be required to complete and submit a trespass authorization letter to the City each year the property remains vacant and registered. The proposed Ordinance further provides that a property owner would not be subject to the Ordinance where the owner has not received a favorable land use decision allowing the property to be put to a reasonable use, provided that the owner continues to actively and continuously market the vacant property in good faith for sale, lease, or rent through commercially reasonable efforts. Finally, the proposed Ordinance revises numerous provisions by replacing discretionary terms such as “may” with mandatory terms such as “shall,” where appropriate, to provide greater clarity regarding the obligations of property owners and the City’s administration and enforcement of the Ordinance.

The property owner will remain solely responsible for maintaining and registering the vacant property in accordance with the ordinance. Maintenance requirements include, but are not limited to, maintaining landscapes, preventing criminal activity, or trespassing by unauthorized person, and turning off utilities that are not needed for the maintenance of the property. The property owner will also have to physically inspect the property and submit to the City a written report on a quarterly basis detailing their inspections and compliance with the vacant property requirements.

The ordinance also establishes mandatory registration requirements for all vacant properties that have remained vacant for more than ninety (90) consecutive calendar days. The registration requires, among other requirements, the name and contract information of the property owner, authorized agent, and or the individual responsible for the maintenance and security of the property. Where the City has cause to believe Packet Page. 230
that a property is a “vacant property” that has remained vacant for more than ninety (90) consecutive calendar days, the ordinance allows the City to serve the property owner a written notice requesting that the property owner register their vacant property.

Requiring the registration enables the City to identify and monitor the vacant properties, enforce applicable maintenance requirements, and more promptly address conditions that may threaten public health and safety.

Where a property owner fails to register a vacant property, the City may pursue enforcement remedies and penalties authorized under the Municipal Code. Such enforcement remedies and penalties include imprisonment in county jail not to exceed six (6) months, a fine not to exceed $1,000, or both.

A vacant property registration is valid for twelve (12) months from the date of registration. If the property remains vacant property at the end of the twelve (12) month term, the registration must be renewed. A property shall remain on the City’s registry until it no longer satisfies the ordinance’s definition of vacant property.

By implementing such requirements, the City would protect the health, safety, and appearance of its neighborhoods, reduce blight, and promote the use of vacant properties.

Strategic Goals and Priorities
Approval of the vacant or abandoned properties ordinance aligns with Goal No. 3:

Improved Quality of Life. (“c. Evaluate and enhance the quality of public safety services; d. Improve the City’s appearance, cleanliness and attractiveness”) The Mayor and City Council’s approval of the Ordinance would improve the appearance and overall attractiveness of the City by promoting the proper maintenance of vacant properties and preventing conditions that contribute to neighborhood blight.

Fiscal Impact
The property owner of the vacant property is responsible for paying any fees established by resolution of the Mayor and City Council for the administration and enforcement of Chapter 8.32.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC- 1672, An Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Chapter 8.32 to Title 8 Of The San Bernardino Municipal Code to Establish Registration, Maintenance, Security, and Inspection Requirements for Vacant Or Abandoned Residential, Commercial, and Industrial Properties.

Attachments
Attachment 1 - Ordinance No. MC-1672
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Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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Ordinance No. MC-1672
1 ORDINANCE NO. MC-1672

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 8.32 TO TITLE 8 OF THE SAN

BERNARDINO MUNICIPAL CODE TO ESTABLISH

REGISTRATION, MAINTENANCE, SECURITY, AND

INSPECTION REQUIREMENTS FOR VACANT OR

ABANDONED RESIDENTIAL, COMMERCIAL, AND

INDUSTRIAL PROPERTIES
WHEREAS, the City of San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, Article XI, section 7 of the California Constitution grants cities the authority to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations; and
WHEREAS, the California Health and Safety Code sections 33031 and 17920.3 identifies physical and economic conditions that cause blight, including serious building deterioration and an abnormally high number of abandoned buildings. The California Building Standards Codes also contain standards for conditions of buildings and structures; and WHEREAS, vacant residential, commercial, and industrial properties can become attractive nuisances, and the City has seen several examples whereby unhoused individuals have broken in and occupied vacant properties, have started fires, and have led to those structures catching fire and creating partial or complete fire damage to the structures; and WHEREAS, it is the intent of the Mayor and City Council to protect the health, safety and appearance of the City’s neighborhoods by reducing blight and promoting active property use by implementation of a vacant property maintenance and registration requirement; and WHEREAS, vacant and abandoned properties may require increased monitoring, inspection, code enforcement, and other municipal services, and the Mayor and City Council desire to establish a program to recover the reasonable costs of administering such program.

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

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

SECTION 2. Code Amendment. Chapter 8.32 is hereby added to Title 8 (Health and Safety) of the City of San Bernardino Municipal Code, to read in its entirety as follows:

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2 “§8.32.010 PURPOSE.

The purpose of this Chapter is to promote the health, safety, and general welfare of the residents of the City of San Bernardino (“City”) by establishing registration, maintenance, security, and inspection requirements for vacant or abandoned residential, commercial, and industrial properties. This Chapter is intended to prevent and reduce blight, deterioration, and public nuisances, and to encourage the productive use and occupancy of such properties.
§8.32.020 APPLICABILITY.

This Chapter shall apply to all residential, commercial and industrial real property containing a building or structure that meets the definition of “Vacant Property” in this Chapter and is located within the City. A Vacant Property shall not be exempt from the maintenance or security requirements of this Chapter solely because it is offered for sale, lease, or rent. A Vacant Property that is actively and continuously marketed in good faith for sale, lease, or rent through commercially reasonable efforts may be exempt from the registration requirement, provided that the Property Owner demonstrates such marketing to the satisfaction of the City and the property remains in full compliance with all applicable provisions of this Code. Property owners shall not be subject to this Chapter where they have not received a favorable land use (e.g., entitlement; permit; map; etc.) vote by the applicable City review authority to put the Vacant Property to reasonable use and continue to actively and continuously market the Vacant Property in good faith for sale, lease, or rent through commercially reasonable efforts. §8.32.030 DEFINITIONS.

Words and phrases used in this Chapter shall have the meanings set forth below. Terms not defined in this Chapter shall have the meanings assigned elsewhere in this Code or, if not otherwise defined, their ordinary meanings.

DIRECTOR: The City of San Bernardino Director of Community Development and Housing.

PROPERTY OWNER or OWNER: Any person or legal entity holding legal or equitable title to a Vacant Property located within the boundaries of the City of San Bernardino. Where more than one person or entity qualifies as an Owner, the obligations imposed by this Chapter shall apply jointly and severally to each Owner.

VACANT PROPERTY: Real property containing a building or structure that is unoccupied and not being lawfully used for its intended purpose. A property shall not be considered vacant solely because it is temporarily unoccupied while active construction, rehabilitation, or repair is being performed pursuant to any required valid City permit, provided that the work is progressing diligently toward completion.

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3 §8.32.040 RESPONSIBILITY.

The Property Owner shall remain responsible for maintaining the property in compliance with this Chapter and all other applicable provisions of this Code, regardless of whether the Owner designates an authorized agent to perform any duty required by this Chapter. §8.32.050 REQUIRED MAINTENANCE OF THE PROPERTY.
(A) Every Vacant Property shall be maintained in compliance with Section 15.24.040 of this Code and all other applicable property-maintenance requirements. (B) Additional Maintenance Requirements For Vacant Properties. (1) Unimproved Vacant Lots. Persons owning or maintaining vacant lots that were never developed or became vacant after pre-existing buildings, structures, or impervious surfaces were removed, must provide a landscape and irrigation plan to the Director for approval within 30 days of the property becoming vacant.
(2) Exterior Maintenance. A vacant property owner shall actively maintain and monitor the exterior of any buildings and the grounds, including all lots, so that they remain in continuing compliance with all applicable codes, regulations, and do not contribute to blight. Active Maintenance and Monitoring shall include, but not be limited to:
(a) Landscaped area must be provided and maintained on all perimeters of a vacant property located adjacent to all streets, alleys, or other public rights of way.
(b) Maintenance of landscaping and vegetation must be in good condition at all times.
(c) The property must be equipped with an operable irrigation system for the ground cover, which must be installed and maintained in good condition at all times.
(d) Prevention of criminal activity on the premises and trespass by unauthorized person.
(e) Turning off utilities that are not necessary for the upkeep and maintenance of the property.
(3) Security Measures. Each vacant property must be secured against unauthorized entry. The methods of security shall be approved by the Director, who shall take into consideration whether the property has been cited for nuisance activity or criminal conduct by another depart of the City or another government agency. To enhance safety and prevent unauthorized entry, the following specific security measures are required:

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4 (a) Installation of security cameras monitoring the exterior of the structure and surround property. Security cameras shall kept in good operating condition as all times preserving video footage for at least 30 days.
(b) Install a fire and burglar system that is maintained and in working order at all times. These systems must comply with the requirements of Chapter 8.81 of the City of San Bernardino Municipal Code. (c) Install perimeter fencing behind all landscaping preventing entry onto the property. Fencing shall comply with all local rules. (d) Complete and transmit to the City a trespass authorization letter, authorizing the City’s Police Department and other authorized City officials to enforce trespass laws on such vacant property, which shall be completed and transmitted anew each calendar year for which the vacant property must register with the City per the terms of this Chapter.
(4) Insurance. The property owner shall maintain fire and liability coverage as determined necessary by the Director. Any insurance policy must require advanced, written notice to the Director in the event of cancellation of insurance or a reduction in coverage.
(5) Additional Requirements for Commercial Buildings. In addition to the above requirements, any vacant commercial property must be maintained in accordance with the additional following requirements:
(a) If the property has a building(s) with a fire sprinkler system, those systems must be maintained in working order at all times; (b) If the property has building(s) with a centralized and registered fire and burglar alarm system, those systems must be maintained in working order at all times; and
(c) Buildings without a fire sprinkler system shall be provided with continuous physical monitoring by means of an on-site patrol. “Continuous physical monitoring” shall mean the use of a licensed security agency operating in the City of San Bernardino and providing regular surveillance of the vacant building or property, as part of the agency’s security route.
(6) Quarterly Inspection. The property owner, or their designee, shall physically inspect the property quarterly to ensure compliance with all provisions of this Chapter and shall coordinate with the City’s Code Enforcement Department to have a representative present to oversee the inspection. The property owner shall be responsible to pay the reasonable costs of the City’s Code Enforcement representative overseeing the Packet Page. 236
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5 quarterly inspection. The property owner, or their designee, shall transmit to the City a written report on a quarterly basis documenting the quarterly inspection was conducted, which shall include a certification of compliance with each of the requirements of this Chapter with specificity, and a signature of the City’s Code Enforcement representative certifying that they oversaw the inspection. The City shall inspect any vacant property in compliance with all local, state, and federal laws.
(7) Additional Requirements For All Vacant Properties. All vacant property owners shall remove all furniture and personal property from any real property, interior of any building, structure, or portion thereof, that is vacant. They shall remove all curtains, blinds, and window coverings from all windows located on the ground level of any vacant building or structure to allow a clear view to the interior of the building or structure. (8) The Director, at their discretion, shall have the authority to require any vacant property owner to implement additional maintenance and security measures in order to effectuate the purposes of this Chapter. This may include, but is not limited to, installation of security lightings, increasing the frequency of on-site inspections, employment of an on-site security guard, or posting additional signage at the property.
(9) The Director may modify the requirements, at their discretion, and may modify or waive some or all of these requirements in the case of a property that has been damaged by fire, earthquake, a natural disaster, or other calamity.
§8.32.060 SECURITY.

All buildings and structures located on a Vacant Property shall be secured against unauthorized entry. Where boarding or other securing of openings is required, the building or structure shall be secured in accordance with Section 15.05.300 of this Code. A clearly visible “No Trespassing” sign shall be posted at all points of entry and spread consistently around the property, and be posted on each street or alley facing frontage of the Vacant Property in a location visible from the adjoining public right-of-way in compliance with Chapter 9.52.
§8.32.070 REGISTRATION OF THE VACANT PROPERTY.
(A) If a property remains a Vacant Property for more than ninety (90) consecutive calendar days, the Property Owner, or its authorized agent, shall register the Vacant Property with the City within thirty (30) calendar days after the expiration of the ninety (90) day period by submitting a completed vacant property registration form provided by the City. The registration shall be valid for twelve (12) months from the date of registration. If the Vacant Property remains a Vacant Property upon expiration of the registration, the Property Owner shall renew the registration on or before the expiration date.

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6 (B) The vacant property registration form shall require the following information:
(1) The name, mailing address, telephone number, and email address of the Property Owner.
(2) The name, mailing address, telephone number, and email address of any authorized agent.
(3) The name, telephone number, and email address of the person responsible for the maintenance and security of the property.
(4) The street address and assessor’s parcel number of the Vacant Property. (5) The date on which the property became a Vacant Property, to the best of the Property Owner’s knowledge.
(6) Any other information reasonably necessary for the City to administer this Chapter, as required by the vacant property registration form. (7) Verification, under penalty of perjury, that the contents of the application are true, correct, and complete to the best of their knowledge and that the applicant acknowledges they shall comply with all of the requirements under this Chapter.
(C) Within thirty (30) calendar days after a change in ownership of a Vacant Property, the new Property Owner, or its authorized agent, shall submit a new vacant property registration form to the City if the property remains a Vacant Property. The Property Owner shall notify the City within thirty (30) calendar days after any change to the information required by subsection (B) above. §8.32.080 NOTIFICATION TO REGISTER THE PROPERTY.
(A) Where the City has cause to believe, based on an inspection, complaint, or report from another City department or other government agency, that a property is a Vacant Property that has remained a Vacant Property for more than ninety (90) consecutive calendar days, the City shall serve the Property Owner, or its authorized agent, with a written notice requiring the Property Owner to register the Vacant Property with the City within thirty (30) calendar days. The notice shall identify the Vacant Property, state the basis for the City’s determination that registration is required, state the deadline to register, and provide notice of any applicable appeal rights.
(B) Failure to register the Vacant Property within the time required by this Chapter constitutes a violation of this Chapter and shall be enforced pursuant to Section

8.32.120.

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7 §8.32.100 INSPECTIONS.

The City shall inspect the Vacant Property on an annual basis to determine compliance with this Chapter and other applicable provisions of the City Municipal Code in compliance with local, state, and federal law. The City shall conduct additional inspections when necessary to determine or verify compliance with this Chapter or to protect the health, safety, or general welfare of the public. The City shall recover from the Property Owner the reasonable cost of inspections and reinspections authorized by this Chapter. Any inspection or reinspection fee shall be established by Resolution of the Mayor and City Council, as amended from time to time.
§8.32.110 REMOVAL OF PROPERTY FROM REGISTRY.

A Vacant Property shall be removed from the City’s registry when the City determines that the property no longer meets the definition of a Vacant Property under this Chapter. If a certificate of occupancy or other City approval is required before lawful occupancy of the property, the Property Owner shall obtain the required certificate or approval before removal from the registry. Removal from the registry shall not waive or extinguish any outstanding violation, fee, cost, penalty, or other obligation incurred while the property was registered or required to be registered.
§8.32.120 ENFORCEMENT.

Any person who violates any provision of this Chapter is guilty of a misdemeanor, which, upon conviction, is punishable in accordance with Section 1.12.010 of the City’s Municipal Code. It is unlawful and declared a public nuisance to violate any provision of this Chapter.

The City may also enforce violations of this Chapter by administrative citation, administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law. The remedies, procedures, and penalties contained herein are cumulative to each other and to any other remedies, procedures, and penalties available under City, State, or Federal Law.
§8.32.130 FEES.

The Property Owner shall be responsible for any fees established by the Mayor and City Council by resolution for the administration and enforcement of this Chapter, including, but not limited to, registration, renewal, inspection, and reinspection fees. The Property Owner shall also be responsible for any abatement costs or other costs lawfully incurred by the City in enforcing this Chapter. Any unpaid fees or costs shall be collected by any means authorized by law.
§8.32.140 APPEAL RIGHTS.
(A) The Property Owner, or its authorized agent, may file with the City Clerk a written appeal to put the appeal before a hearing officer no later than 15 days following the date of the mailing of any notice of action by the City.

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8 (B) All appeals conducted pursuant to this Chapter shall be governed by the procedures set forth in Chapter 9.94 of the City’s Municipal Code. §8.32.150 SEVERABILITY.

If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Chapter. The City Council hereby declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.” SECTION 3. Certification. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.

SECTION 4. CEQA. The Mayor and City Council find that 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 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases are declared unconstitutional or otherwise invalid.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of October 2026.

Helen Tran, Mayor
City of San Bernardino
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9 Attest:

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

Albert J. Maldonado, City Attorney
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10 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 Ordinance No. MC-1672, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of September 2026. Ordinance No.MC-1672 was approved/ passed and adopted at a regular meeting held the 7th day of October 2026 by the following vote:

Telicia Lopez, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Amendment No. 1 to the Professional Services
Agreement with TruePoint Solutions, LLC (formerly Gray
Quarter) for the Land Management System
Implementation Project Increasing the Not-To-Exceed
Amount by $307,535 (All Wards).

Recommendation:

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

1. Adopt Resolution No. 2026-161 approving Amendment No. 1 to the Professional Services Agreement with TruePoint Solutions, LLC adding an eighteen (18)-month Managed Services subscription in the amount of $185,000; ratifying Change Orders 2 and 3 and authorizing payment for the completed work in the amount of $64,035; and approving Change Order 5 in the amount of $58,500; thereby increasing the not-to-exceed amount by $307,535 for a new total contract amount not to exceed $2,407,871; and

City Manager's Comments
The City Manager recommends approval.

Executive Summary
The Land Management System Implementation Project is the complete replacement of the City's existing permitting and business licensing system, which is used by multiple Departments and Divisions, including Business Registration, Building and Packet Page. 243
Safety, Planning, and Public Works. The project replaces a cumbersome permitting and licensing database with a modern system that incorporates workflow management, built-in automation, and an online public portal. Due to the complexity of the implementation, Amendment No. 1 adds an eighteen (18)-month Managed Services subscription to provide post-implementation technical assistance, allowing staff to refine and optimize the system's workflows and automations after go-live. The amendment also incorporates Change Orders 2, 3, and 5 into the agreement's not-toexceed amount. Change Orders 2 and 3, which have already been completed, integrated the City's existing credit card processor with the system and provided extended support for Business Registration. Change Order 5 provides additional resources to configure an online interface that will assist customers with permit applications.

The total cost of Amendment No. 1 is $307,535, which includes the Managed Services subscription and the three change orders. The Managed Services subscription and Change Order 5 will be funded with $243,500 in IT Funds from the project's existing budget. Change Orders 2 and 3, totaling $64,035, will be funded by reallocating unexpended ARPA funds previously obligated under the Hosted Services Agreement with TruePoint Solutions, LLC (formerly Gray Quarter Inc.). U.S. Treasury guidance permits this reallocation because (1) the funds were obligated under the Hosted Services Agreement by December 31, 2024; (2) the Professional Services Agreement that they are being reallocated to was also executed before that date; (3) the Professional Services Agreement allows for change orders, and (4) Change Orders 2 and 3 are within substantially the same scope and for substantially the same purpose as the original agreement.

Background
The Land Management System (LMS) Implementation Project is the modernization of the City’s permitting and licensing system, which is used by Building & Safety, Business Registration, the Planning Division, and Public Works. The LMS will replace outdated systems like PermitsPlus, which has been in place for more than 20 years and lacks the flexibility and automation necessary for modern city planning. The modernization is intended to improve efficiency, transparency, and service delivery by enhancing how the City manages land-related activities and making relevant information more accessible to City officials and the public.

To fund this modernization, the Mayor and City Council allocated $3,200,000 in ARPA funds for the LMS Implementation project and $5,889,651.87 in Information Technology (IT) funds for the software licensing, implementation, data conversion, and supplemental staffing costs that are shared across both the LMS and ERP (Enterprise Resource Planning) implementation projects. Specifically, the Mayor and City Council approved the following agreements on November 20, 2024 for the LMS project:
• Subscription Services Agreement with Accela in the amount of $2,151,657.34 for a seven-year license to the Accela Civic Platform. The Accela Civic Platform is a cloud-based system that serves as the new LMS platform that will be used Packet Page. 244
by City staff and the public. ARPA funds totaling $473,280 will be used to pay for the first two years of software license costs; years three through seven will be billed annually thereafter and use IT funds or another source. • Professional Services Agreement with Gray Quarter (now TruePoint Solutions, LLC, following a corporate merger) in the amount of $2,100,336.00, funded with ARPA funds, to implement the Accela Civic Platform. These services include developing workflows, automations, and configuring the system to meet the City’s operational needs.
• Hosted Services Agreement with Gray Quarter (now TruePoint Solutions, LLC, following a corporate merger) in the amount of $767,675. This agreement is funded with both ARPA and IT funds and includes five years of software licenses for various addons to the Accela Civic Platform. These add-ons provide enhanced features and functionality, including a digital plan room for performing virtual plan checks, integration with the City’s records management system, access to DocuSign for electronic signatures, etc.
• Professional Services Agreement with Onsite Computing in the amount of $520,000, funded with IT Funds, for data migration services. This agreement involves transferring the data from the City’s existing systems to the new systems and supports both the LMS Implementation Project and the ERP Implementation Project, the latter of which involves modernizing the City’s financial and payroll systems.
• Professional Services Agreements with Willdan, CSG Consultants, and Rick Engineering in the amount of $448,800 each ($1,346,400 total), funded with IT funds, for supplemental staffing. These agreements provide supplemental staffing to backfill City personnel who are assigned to the implementation project, allowing those employees to focus on project-related responsibilities while maintaining sufficient staffing levels to ensure the continuity of City operations.

Discussion
The implementation of a new land management system requires City staff to work with the system implementer to develop and configure automated workflows and task management processes for each type of license and permit issued by the City. The City’s existing system does not provide for these automations; instead, it is more akin to a virtual filing cabinet where records are created in a database and then manually updated by City staff with minimal automation and zero notifications. As a result, developing and implementing these new digital workflows and processes from scratch represents a significant undertaking that requires ongoing testing, refinement, and configuration, even after each component “goes live” for public use.

When the business licensing component of the LMS went live in 2025, it became apparent that additional refinement was needed to resolve technical glitches and Packet Page. 245
unintended workflow errors in the system. To address these issues, Amendment No. 1 to the Professional Services Agreement with TruePoint Solutions, LLC adds an eighteen (18)-month Managed Services subscription that provides the City with continued technical assistance. Managed Services is a Tier 2/3 support service that will allow staff to resolve outstanding issues and continue to optimize, modify, and reconfigure the system after go-live so that it better meets the operational needs of the City and the service needs of the public. These services will also be available to the other departments and divisions that use the LMS, allowing for continued refinement as their respective components of the system go live. The total cost of the Managed Services subscription is $185,000, which will be funded using the available balance of IT Funds already allocated to the project. ARPA funds will not be used for this component because the subscription extends through April 30, 2028, well beyond the ARPA expenditure deadline of December 31, 2026.

Amendment No. 1 also incorporates the cost of three change orders into the agreement’s total compensation. These change orders total $122,535, of which $64,035 will be paid with ARPA funds reallocated from the Hosted Services Agreement with TruePoint Solutions, LLC (formerly Gray Quarter Inc.) and $58,500 will be paid with IT Funds. ARPA funds cannot cover all three change orders because Change Order 5 will not be completed before the December 31, 2026, expenditure deadline.

The three change orders presented for Council ratification and approval are as follows:
• Change Order 2 – $20,160 – AllPaid Integration.

Integrated the LMS with AllPaid, the City's existing credit card payment processor. The City is currently transitioning its ERP/financial system to a new platform and originally anticipated that a new credit card payment system would be in place before the first LMS component went live. Because the new payment system was not ready in time for the business licensing component, additional configuration and integration were needed so the LMS could communicate with the City's existing processor.
• Change Order 3 – $43,875 – Business Registration Support.

Provided extended support for the Business Registration Division after the business licensing module went live for public use. Further support will be provided through the Managed Services subscription.
• Change Order 5 – $58,500 – GWiz Interface Implementation.

Assigns additional resources to implement the GWiz user interface for the public portal, which helps guide the public through completing permit applications online.

It is important to note that Change Orders 2 and 3 have already been executed by the former Director of Community Development and Housing, and the work associated with these change orders has already been completed by the vendor. This is not aligned with Chapter 3.04 of the City’s Municipal Code, which requires Council approval for any contract cost that exceeds $100,000. Since the execution of these Packet Page. 246
change orders is for a contract that already exceeds $100,000, their execution was outside the former Director’s signing authority and now requires ratification by the City Council before payment can be authorized. The change orders not listed above were either at no cost to the City (Change Order 1) or were canceled due to budget constraints (Change Order 4). Additionally, future change orders are anticipated due to project delays that will push back the go live date for the Public Works module. City staff are currently reviewing the project schedule and will bring back a full report to the Council at a future meeting, along with any associate change order.

Budget Analysis
ARPA Fund Allocation
Of the $3,200,000 in ARPA funds allocated to the LMS Implementation Project, $2,856,797 has been expended, covering the original cost of the LMS implementation and the 2025 and 2026 software license costs for Accela and TruePoint Solutions, LLC (formerly Gray Quarter Inc.). The remaining $343,203 is obligated under the Hosted Services Agreement with TruePoint for future years' software licenses; however, because these hosted services are invoiced annually, the license fees for years three through five will be invoiced after December 31, 2026, and cannot be paid with ARPA funds before the expenditure deadline. As a result, the $343,203 will remain unspent unless it is reallocated to another eligible agreement that was executed by December 31, 2024.

The proposed reallocation will apply $64,035 of these funds to Change Orders 2 and 3 for work that has already been completed, reducing the unspent balance to $279,168. Payment for this work will be issued upon Council approval, well before the December 31, 2026, expenditure deadline. Staff is currently assessing additional funding needs for other ARPA-funded projects, including the ERP Implementation Project. Once these needs are identified, staff will return to Council with recommendations to reallocate the remaining funds to eligible agreements so that they can be spent before the expenditure deadline.

LMS PROJECT ARPA FUND BUDGET
Allocated ARPA Funds $3,200,000.00
LMS Contract Expenditures through December 31, 2026
LMS Implementation (Original Agreement) $2,100,336.00
Accela Software Licenses (First 2 years) $473,280.00
TruePoint Software Licenses (First 2 years) $283,181.00 Total Expenditures $2,856,797.00
Remaining ARPA Fund Balance $343,203.00
Additional Costs with Amendment No. 1
Change Order 2 – AllPaid Integration $20,160.00
Change Order 3 – Business Registration Support $43,875.00 Total Additional Costs $64,035.00
Projected Remaining ARPA Fund Balance $279,168.00
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IT Fund Allocation
As of the close of Fiscal Year 2026, the LMS and ERP Implementation Projects had a shared IT Fund budget of $5,889,651.87. Of this amount, $3,407,700 has been obligated through several contracts for supplemental staffing, project management, and data conversion services across both projects, leaving a shared available balance of $2,481,951.87. Amendment No. 1 will use $243,500 of this balance, $185,000 for the Managed Services subscription and $58,500 for Change Order 5, leaving $2,238,451.87 available for future project costs.

SHARED LMS & ERP PROJECT IT FUND BUDGET
Allocated IT Funds $5,889,651.87
Current ERP Contract Obligations
MV Cheng & Associates (Supplemental Staffing) $184,800.00 AppleOne (Supplemental Staffing) $200,000.00
Dixon Mutadzakupa (Project Management) $384,000.00
Onsite Computing (Data Conversion) $775,500.00
Current LMS Contract Obligations
Rick Engineering (Supplemental Staffing) $448,800.00
Willdan (Supplemental Staffing) $448,800.00
CSG Consultants (Supplemental Staffing) $448,800.00
Onsite Computing (Data Conversion) $517,000.00
Total Costs $3,407,700.00
Remaining IT Fund Balance $2,481,951.87
Additional Costs with Amendment No. 1
Managed Services $185,000.00
Change Order 5 – GWiz Interface Integration $58,500.00
Total Additional Costs $243,500.00
Projected Remaining IT Fund Balance $2,238,451.87
ARPA Fund Reallocation Analysis
The U.S. Treasury allows for the reallocation of ARPA funds after December 31, 2024, under the following specific conditions:

1. The excess funds were properly obligated by the deadline. The ARPA funds that are being reallocated must have already been obligated under another contract by the December 31, 2024, deadline and reported to Treasury as being obligated. In this case, the funds were previously obligated under the Hosted Services contract with Gray Quarter, which was approved by Council on November 20, 2024, executed prior to December 31, 2024, and reported to the U.S. Treasury with the City’s 2024 Q4 Project and Expenditure Report.

2. The receiving contract was in place by December 31, 2024. ARPA funds can only be reallocated to an existing contract that was executed by December 31, 2024; a Packet Page. 248
new contract in 2025 or 2026 is ineligible to receive ARPA funds unless it is a replacement contract for when a vendor goes out of business, can't perform, or was terminated. In this case, the ARPA funds are being reallocated to the Professional Services Agreement with TruePoint Solutions, LLC, which was approved by the Council on November 20, 2024, and already uses ARPA funds. It is important to note that the November 20th agreement was originally titled, “Professional Services Agreement with Gray Quarter Inc.”; however, after a corporate merger, the new parent company is TruePoint Solutions, LLC.

3. The receiving contract allows for change orders. Under U.S. Treasury guidance FAQ 17.16, ARPA funds can be reallocated to cover increased costs from change orders or contingencies in another contract that was entered into by December 31, 2024, as long as that agreement expressly provides for change orders and contingencies. Additionally, the amended contract receiving the reallocated ARPA must stay within substantially the same scope and purpose as the original. In this case, Section 4.b. of the original agreement allows for change orders, subject to City approval, and the scope of services under Exhibit A outlines the change order process. The change orders that are using the reallocated ARPA funds are for increased costs associated with completing work under the project’s original scope, which includes allowing for online credit card payments and implementing a business licensing module.

4. The funds are for an eligible use and will be spent by the deadline. ARPA funds that are being reallocated to another project and/or contract must be for an activity that is eligible to use ARPA funds and must be spent by December 31, 2026. In this case, the reallocated ARPA funds are staying within the same ARPA-eligible project. The funds are being used to pay for change orders, where the work has been completed and the City has already been invoiced. Once the change orders are ratified, payment will be issued and the ARPA funds will be expended well before December 31, 2026.

Strategic Goals and Priorities
Approval of Amendment No. 1 is aligned with Key Strategic Goal 2.b. - Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness; Fiscal Impact
The total fiscal impact of this action is $307,535. Of this amount, $64,035 will be funded through the reallocation of previously obligated ARPA funds, and $243,500 will be funded from existing IT Fund appropriations available for the LMS/ERP implementation projects. The $243,500 includes $185,000 for the 18-month Managed Services subscription and $58,500 for Change Order 5.

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

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1. Adopt Resolution No. 2026-161 approving Amendment No. 1 to the Professional Services Agreement with TruePoint Solutions, LLC adding an eighteen (18)-month Managed Services subscription in the amount of $185,000; ratifying Change Orders 2 and 3 and authorizing payment for the completed work in the amount of $64,035; and approving Change Order 5 in the amount of $58,500; thereby increasing the not-to-exceed amount by $307,535 for a new total contract amount not to exceed $2,407,871; and

2. Adopt Resolution No. 2026-162 authorizing the reallocation of $64,035 in American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF), previously obligated under the Hosted Services Agreement with Gray Quarter, to the Professional Services Agreement with TruePoint Solutions, LLC.

Attachments
Attachment 1 – Resolution No 2026-161 Contract Amendment and Change Order Ratification
Attachment 2 – Exhibit A to Resolution No. 2026-161 - Amendment No. 1 to the Agreement with TruePoint Solutions LLC (formerly Gray Quarter Inc.).

Attachment 3 – Exhibit B to Resolution No. 2026-161 - Mayor and City Council Findings.

Attachment 4 – Resolution No 2026-162 ARPA Reallocation for LMS Project Attachment 5 – Change Order 2 - $20,160 – AllPaid Integration.

Attachment 6 – Change Order 3 - $43,875 – Business Registration Support.

Attachment 7 – Change Order 5 - $58,500 – GWiz Interface Integration.

Attachment 8 – Original Professional Services Agreement with Gray Quarter Inc.

Ward:

All Wards
Synopsis of Previous Council Actions:

November 20, 2024 Mayor and City Council allocated $3,200,000 in ARPA funds for the LMS Implementation Project and approved various agreements to carry out the implementation of the LMS.

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Resolution No. 2026-161
Resolution No. 2026-161
October 7, 2026

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Mayor and City CouncilOctober 7, 2026

Mayor and City Council
October 7, 2026