HomeMy WebLinkAbout1-31-2024 Agenda PacketMayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
REVISED STUDY SESSION AGENDA
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, 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, JANUARY 31, 2024
3:00 PM OPEN SESSION – CLOSED SESSION TO FOLLOW IMMEDIATELY
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles A. Montoya
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
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
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
City Manager Charles A. Montoya
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
3:00 P.M.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
DISCUSSION ECONOMIC DEVELOPMENT & CITY REINVESTMENT
To Review Presentations, Discuss & Provide Feedback
1.Downtown Active Camera Monitoring System p. 7
2.City Hall Renovation Project p. 11
3.Carousel Mall Redevelopment Project p. 18
DISCUSSION POLICIES, PROCEDURES & COMMUNICATIONS
To Review Presentation, Discuss & Provide Feedback
4. Code of Ethics and Conduct Policy p. 24
CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant To Government
Code Section 54956.8)
Property: APN 0141412480000
Agency Negotiator: Charles A. Montoya, City Manager, or designee
Negotiating Parties: Jayashree Krishna, Inc
Under Negotiation: Price and Terms
CLOSED SESSION REPORT
Mayor and City Council of the City of San Bernardino Page 3
ADJOURNMENT
The next 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, February 21,
2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino,
California 92401. Closed Session will begin at 5:30 p.m.
CERTIFICATION OF POSTING AGENDA
I, Courtney Bowen, CMC, Deputy City Clerk for the City of San Bernardino, California, hereby certify
that the agenda for the January 31, 2024 Special 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, at the
Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the
City's website sbcity.org on Tuesday, January 30, 2024.
I declare under the penalty of perjury that the foregoing is true and correct.
/s/ Courtney Bowen
Mayor and City Council of the City of San Bernardino Page 4
REVISED NOTICE OF A SPECIAL MEETING OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DATE: Tuesday, January 30, 2024
SUBJECT: Special Meeting on Wednesday, January 31, 2024
NOTICE IS HEREBY GIVEN that the City Manager, with a consensus of the Mayor and City
Council of the City of San Bernardino, has called a Special Meeting for Wednesday, January
31, 2024, at 3:00 p.m.
Said meeting shall be for the purpose of considering the following:
DISCUSSION – ECONOMIC DEVELOPMENT & CITY REINVESTMENT –
To Review Presentations, Discussion & Provide Feedback
1.Downtown Active Camera Monitoring System
2.City Hall Renovation Project
3.Carousel Mall Redevelopment Project
DISCUSSION – POLICIES, PROCEDURES & COMMUNICATIONS
To Review Presentations, Discussion & Provide Feedback
4. Code of Ethics and Conduct Policy
CLOSED SESSION
A.CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant To Government
Code Section54956.8)
Property: APN 0141412480000
Agency Negotiator: Charles A. Montoya, City Manager or designee
Negotiating Parties: Jayashree Krishna, Inc
Under Negotiation: Price and Terms
ADJOURNMENT
The next Regular Meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on February 21,
2024, at the Feldheym Central Library, 555 West Sixth Street, San Bernardino 92401. Closed
Session will begin at 5:30 p.m.
Genoveva Rocha, CMC, City Clerk
Mayor and City Council of the City of San Bernardino Page 5
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1)Written comments can be emailed to publiccomments@sbcity.org. Written public
comments received up to 1:00 p.m. on the day of the meeting (or otherwise indicated on
the agenda) will be provided to the Mayor and City council and made part of the meeting
record. They will not be read aloud unless you require an ADA accommodation.
Please note: messages submitted via email and this page are only monitored from the
publication of the final agenda until the deadline to submit public comments. Please contact the
City Clerk at 9093845002 or SBCityClerk@sbcity.org for assistance outside of this timeframe.
2)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
r e q u es t t o s pea k us i ng t he fo rm on t h e f o l lo win g page :
https://sbcity.tinyurl.com/mccpubliccomments.
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Page 6
City of San Bernardino
Study Session Meeting
Informational Report
Date: January 31, 2024
From:Charles A. Montoya, City Manager
Darren Goodman, Chief of Police
Department: Police Department
Subject: Downtown Active Camera Monitoring System (Wards 1, 3)
Executive Summary
The City’s security camera system is outdated and inoperable. More than 95% of the
cameras are not functional, and the manufacturer no longer makes parts for repair.
Technology has evolved since the City installed the original cameras, improving camera
capabilities and networking. A well-planned camera system successfully integrated into
the Police Department has the potential to serve as a force multiplier and essentially
serve as a police officer at each camera location. The City recognizes the value of a
thriving downtown to all citizens and has invested in its revitalization. Staff intend on
moving forward with a request for proposal (RFP) to develop a security camera system
downtown and present recommendations to the Mayor and City Council at a regularly
scheduled meeting.
Background
In 2009, the City of San Bernardino installed its first crime camera at the intersection of
Baseline Street and Waterman Avenue. The City installed a single pan-tilt-zoom (PTZ)
camera in what was determined to be a high crime area at the time. Over the next five
to six years, the Police Department used several funding sources to expand the
program. Funding sources included the San Manual Band of Mission Indians, the Urban
Area Security Initiative Grant, Community Development Block Grant Programs, and the
Police Department’s general budget. The program was not developed based on a
consistent plan, rather, the cameras were installed in locations identified based on crime
trends, grant requirements, and managerial prerogative.
The lack of a systematic design layout and inconsistent funding led to a scattered
approach, resulting in connectivity issues and an ineffective camera system. Over time,
the system has fallen into disrepair due to obsolete technology and connectivity
problems. Additionally, the hardware used to build the system needs to be updated and
can no longer be repaired. The current state of camera technology and software
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indicates that the City would benefit by developing and implementing the San
Bernardino SMART Camera System with a focus downtown.
Staff Analysis
City surveillance cameras serve several purposes. Their presence should act as a crime
deterrent to would-be offenders for fear that a criminal act will be captured on camera,
resulting in a police response. They also provide active and investigative monitoring
capabilities. During active monitoring, the cameras are observed by trained technicians
or data analytics. Trained staff monitors cameras, often from established real-time
information centers (RTIC). An RTIC centralizes a wide range of technologies to
coordinate sworn and non-sworn responders to address criminal enforcement needs and
emergency response. Data analytics monitor the cameras for criminal activity using
preprogrammed parameters, providing alerts, and capturing valuable information for
criminal investigations. Investigative monitoring occurs when there is no active resource
monitoring the cameras, but instead, video data is gathered to be used later in
investigations after crimes have been reported.
An examination of successfully implemented public surveillance systems indicated
surveillance cameras are cost-effective and reduce crime in a city. Success is based on
several factors. The type of camera installed dictates the data quality the camera can
produce. The location is relevant to the camera’s connectivity; the impact to the focus
area; and the long-term usefulness of the camera. Finally, and most critically, the
camera’s integration within the Police Department acts as a force-multiplier, supporting
the cameras’ effectiveness as an actual crime deterrent.
Camera Types
The current camera system consists of PTZ cameras. These cameras can move and
zoom in to track activity and details; however, they have a narrow range of focus. Without
a trained monitor, the cameras are focused in one area or programmed to pan from side
to side, significantly limiting the ability to identify and track criminal activity. Even with a
full-time monitor, the camera may allow criminal activity to occur within the camera's
range but outside the camera's focus. When used in conjunction with a 360-degree
camera, a PTZ is highly effective. A 360-degree camera captures data in all directions;
however, cannot zoom and focus on specific targets. Coupling PTZ cameras with 360-
degree cameras provides a comprehensive system with the most effective field of view
and tools to capture and transmit relevant data to first responders.
The visibility of cameras can also make a difference in the effectiveness of a crime camera
system. Obvious crime cameras have the positive effect of deterring crime by increasing
the likelihood of detecting criminal activity and creating a greater risk of arrest for those
committing criminal acts. This can be accomplished by hanging the cameras in visible
areas, and additional attention can be drawn through flashing lights and signage
indicating cameras are in use.
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The critical attribute of a camera system is capturing data necessary to prevent, respond
to, and investigate criminal activity. In addition to surveillance cameras, technology has
evolved to track license plates and integrate private security cameras into the RTIC
network. Partnering with the community to add private security cameras will exponentially
increase the range of the City's SMART Camera System, saving valuable costs while
increasing community partnerships.
Camera Locations
Camera locations are critical for several factors. The actual location of the camera is
relevant to the camera's ability to capture data. The camera will be unreliable if placed in
a location with a limited field of view or poor connectivity range. The camera's location in
the City is relevant to the camera's long-term effectiveness. If the camera is used to
respond to short-term crime trends, it could potentially be ineffective later. Finally, the
cameras should be placed in a pattern of overlapping support. For example, suppose a
subject committed a robbery in view of a camera and drives south. In that case, another
system should be installed to capture additional details such as license plates or
directions of travel. Saturating a focused area with cameras provides more crime
prevention and investigation data.
The City's downtown is critical to a thriving community and should exemplify the City's
heritage and spirit. It should be attractive to visitors and be a welcoming location for all
community members. The revitalization of downtown is critical to the continued growth
and development of the City and benefits all community members. Additionally, the value
of installing cameras downtown is not temporary and will serve a long-term purpose.
Consequently, staff recommends the SB SMART Camera System initiative originate in
downtown San Bernardino. Successful implementation will garner community support
and partnerships leading to an evidence-based expansion of the program into other
regions of San Bernardino.
Department Integration
In recent years, many law enforcement and government entities have built crime camera
systems, serving as the building blocks for RTICs. Real-time information centers serve
as a valuable resource for day-to-day law enforcement activities. They also support
governments during major incidents. Additionally, video analytics has applications to
many city departments, including traffic engineering and public works. Staff have
identified software that allows the community to partner with the City by networking
security cameras of private owners into the RTIC. Using privately owned cameras in the
focus area could reduce the number of City funded cameras required for purchase.
One of the most critical factors in developing the SB SMART Camera System is
Department integration. Data analytics and software dedicated to unifying data resources
will amplify the SMART Camera System’s capabilities through community partnerships.
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A staffed RTIC has the potential to make each camera as effective as a police officer
without the added cost of sworn staff. A dedicated, trained staff member will monitor the
cameras 24 hrs. a day, and immediately report criminal activity for a priority sworn
response. Overlapping camera coverage will increase the likelihood of a suspect being
located and prosecuted. As offenders recognize the risk of committing crimes near
cameras, future expansion amplifies the deterrent effect throughout the City.
Next Steps + Timeline
The Department will release one or more RFP's to identify the appropriate technology,
staffing, and associated costs to support the SMART Camera System. The RFP
process typically takes 60 days but may be extended to perform assessments of
proposals to identify the best option for the City. After the RFP process, staff will return
with a report that presents a strategic camera plan for downtown that integrates into the
Department and provides options and associated costs.
Future Fiscal Impact
The future fiscal impact will be presented at a later date after the RFP process.
2021-2025 Strategic Targets and Goals
The request to identify options to develop the SB SMART Camera System aligns with
Key Target No. 3c: Improved Quality of Life, constantly evaluate public safety service
delivery models to enhance the quality of service.
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City of San Bernardino
Study Session Meeting
Informational Report
Date:January 31, 2024
From: Charles A. Montoya, City Manager
Department: City Manager’s Office
Subject: City Hall Renovation Project (Ward 1)
Executive Summary
The informational report will provide an overview of the City Hall Renovation Project, the
site history spanning from the engagement of Cesar Pelli and Norma Sklarek to engaging
Pelli Clarke & Partners for technical and historic Guidance, overview of the seismic retrofit
and renovation assessments, the design build process, and financing the project.
Background
San Bernardino City Hall was one of the focal points of the 93-acre urban renewal Central
City Project that encompassed the old Central Business District. The City Hall building
would be at the center of an 11-acre block that was to serve as a civic and cultural center,
which would connect to the mall site by a pedestrian bridge. In 1969, the design contract
for City Hall was awarded to Gruen and Associates, where notable architect Cesar Pelli
would be the lead partner of the firm in charge of the design. Also at Gruen and
Associates was Norma Sklarek, the first African American woman in the country to
become a licensed architect. Sklarek served as the director of architecture at Gruen and
Associates and was responsible for coordinating the technical aspects of major projects,
including the San Bernardino City Hall.
Completed in 1972, the design of City Hall was meant to engender civic pride and reflect
the urban environment around it. The ground floor of City Hall was designed by Pelli to
be an homage to Venice-based Light and Space artist Larry Bell, who conducted
experiments of perceptual transparency through multiple glass cube sculptures. The
building’s unique design has been featured in numerous magazines, including
Progressive Architecture, calling it one of the best city halls in California. It was named
one of the 49 most outstanding city halls in the United States by the American Institute of
Architects (AIA) and Library of Congress in 1982.
The City Hall building consists of 6 floors, plus a mezzanine floor and basement, and
offers approximately 115,000 sq. ft of office space. It is constructed with lightweight
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concrete slabs, beams, and columns, and is an example of non-ductile concrete
construction. While non-ductile concrete construction was permitted under the 1968
uniform building code (UBC), it would later be prohibited under the 1973 UBC as a result
of the 1971 San Fernando earthquake (Sylmar earthquake). Structures of this type
exhibited poor performance during the Sylmar earthquake, suffering significant structural
damage and/or failure. This even occurred in newly constructed buildings at the time,
such as the Olive View Hospital, which had only opened six (6) weeks prior to the
earthquake.
In 2007, URS Corporation was retained by the City to perform a seismic evaluation of City
Hall, which concluded that the building needed seismic retrofitting. URS’ evaluation
identified four areas of concern, which would require a more detailed evaluation for
identification of risk and potential remedial strengthening:
1. The tall first story columns are much more flexible and weaker than the columns
of the stories above. This causes a weak and soft first story that has been
responsible for many cases of seismic collapse.
2. The flexural resistance of the concrete frames is very low compared to present day
standards. This is especially significant as the severity of the expected seismic
ground motion at the site is higher than a “typical” California site.
3. The structure, including the non-ductile moment frame lateral force resisting
system, uses lightweight concrete. This is especially significant because of poor
performance during past earthquakes of very similarly constructed, non-ductile
moment frame buildings.
4. The beam-column joints lack shear reinforcement. A detailed structural analysis
is required to establish the extent of the building’s seismic deficiencies, the
potential remedial measures that would be required to reinforce the building, and
the estimated construction costs. In order to achieve a more reliable estimate of
the total extent of rehabilitation work that will be needed, the architectural and
mechanical, electrical, and plumbing (MEP) engineering issues of the building will
also need to be assessed.
URS’ assessment considered several seismic retrofit options that would reduce City Hall’s
vulnerability to earthquakes and provide for collapse prevention and life safety. In 2007,
it was estimated that these retrofit measures would cost between $12 million and $15
million.
In 2015, IDS Group was retained by the City to perform a seismic evaluation of City Hall,
which included the use of computer models to identify deficiencies and develop seismic
retrofit designs. While the report does not explicitly state the magnitude of earthquake
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required to cause structural failure, it discusses City Hall’s close proximity to both the San
Jacinto and San Andreas fault zones, noting they are capable of producing earthquakes
between 6.5 and 8.0 in magnitude. It’s also important to note that it is the acceleration
forces that the structure can withstand during an earthquake that determines whether or
not it will experience damage or failure; and while acceleration increases with earthquake
magnitude, it decreases with distance and depth at a rate that is dependent on the type
of rock/soil. In their report, IDS Group identified the following key deficiencies:
1. The use of non-ductile moment frames of insufficient strength as the primary
means of lateral resistance.
2. A soft/weak first story.
3. Torsional irregularity and building drift in excess of 2% of story height, which can
lead to column instability and collapse.
4. Inadequate anchorage and bracing of nonstructural systems (such as interior
walls, ceilings, and MEP systems). Damage to nonstructural systems could consist
of collapsed ceiling systems, falling hazards due to failure of piping, conduit and
ductwork supports and impact damage to adjacent systems, and falling/toppling
hazards associated with desktop items and furnishings.
5. Lack of Redundancy. The building consists of 18 columns at each level. These
columns carry the entire gravity loads as well as seismic loads. Along the
transverse direction there are only two columns at each gird-line. Failure of a single
column will have devastating results since there is little room for load redistribution.
IDS Group noted that the configuration and design of the building poses challenges for
retrofitting the building. An interior solution will preserve the unique exterior architecture
but involves significant renovation and disruption of the interior, whereas an exterior
solution will significantly change the appearance of the building. In 2016, IDS estimated
that a retrofit would cost approximately $14 million; however, they cautioned that this
figure could halve, or double once complete designs are prepared and all possible costs
are factored in. Additionally, IDS Group estimated that final designs could take
approximately 9-12 months to complete, and actual construction could take at least an
additional 12 months following the permitting and bid phases.
In April 2016, City staff began identifying buildings to relocate staff and elected officials.
Then, following increased seismic activity detected in the Salton Sea area, which raised
the possibility of a major earthquake occurring, City Manager Mark Scott concluded that
an emergency relocation was necessary and directed staff to find leased space as quickly
as practicable. On November 21, 2016, Mr. Scott recommended vacating City Hall,
stating that the building was a seismic risk based on the two prior independent
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evaluations, and recommended relocating to Vanir Tower, which had the following
advantages:
•Close proximity to City Hall and direct access to the parking structure.
•Readily available, adaptable, and competitively priced office space.
•Fiber optic connectivity that could accommodate the City’s IT infrastructure needs.
•A building structure that was seismically safe based on prior seismic assessments
that were required by the County of San Bernardino and Internal Revenue Service.
On June 6, 2018, the Mayor and City Council approved an agreement with CannonDesign
to perform a Facilities Condition Assessment (FCA) for 185 City-owned facilities, with the
City Hall building being assessed first. The assessment included:
•Seismic and structural elements.
•Mechanical components, such as HVAC systems and elevators.
•Plumbing and fire protection systems.
•ADA compliance.
•Environment issues.
The CannonDesign’s FCA report identified critical deficiencies in all categories listed
above and estimated approximately $22 million in renovation costs, $2.2 million in ADA
improvement costs, and $8 million in retrofitting costs. It’s also important to note that the
amounts listed above do not include project contingency, management, or inspection
costs. For the seismic assessment, CannonDesign utilized a report that was conducted
by Z&K Consultants, which reiterated many of the same findings that were in IDS Group’s
seismic evaluation.
Staff Analysis
The City is currently in discussions with the Pelli Clarke & Partners, which was founded
in 1977 by Cesar Pelli, the original architect for the City Hall building. The firm is
currently operated by Cesar Pelli’s son, Rafael Pelli, and Fred Clarke, who worked with
Cesar Pelli on the City Hall building. Included in the discussions is Gruen Associates,
who were originally the architects of record for the building. These firms have a great
attachment to the San Bernardino City Hall and will be able to provide the appropriate
guidance necessary to respect the original concepts and designs through the renovation
and retrofitting process.
The retrofitting and renovation of City Hall (“City Hall Project”) would utilize the Design-
Build (DB) process, as allowed under Chapter 12.21 of the San Bernardino Municipal
Code. Unlike the traditional Design-Bid-Build (DBB) process, the DB process uses a
single entity for both the design and construction of the project. This allows project
phases to happen simultaneously and provides for an accelerated project delivery
schedule. The steps in the DB process include:
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1. Prepare a set of documents outlining the scope, requirements, and estimated
price of the City Hall Project.
2. Release a Request for Qualifications (RFQ) to prequalify or short-list the design-
build entities whose proposals shall be evaluated for final selection.
3. Release a Request for Proposals (RFP) that invites the prequalified or short-
listed entities to submit competitive proposals.
Under the DB process, the City would utilize the best value selection method, which
would take into account price, technical design and construction expertise, life-cycle
costs over 15 or more years, and other criteria identified in the RFP. The allows the
City to select the proposal that offers the best long-term value to the public.
To finance the City Hall Project, the City would issue lease revenue bonds (LRB). LRBs
are a type of revenue bond that is secured by lease payments made by the party
leasing the facility that was financed by the bond issue. LRBs are typically used by
government agencies to finance the acquisition of, construction of, and/or improvements
to facilities, such as city halls, courthouses, fire facilities, and other government
buildings. Unlike revenue bonds that primarily use money generated by the project (e.g.
a bridge toll) to pay the principal and interest on the bonds, in LRBs, a lessee
(government agency) pays rent to use the facility. Those rental payments are then used
to pay the principal and interest on the bonds. For the City Hall Project, the City would
utilize a lease-leaseback financing structure, which would be structured as follows:
1. The City leases City Hall to its Financing Authority (“Authority”) for a nominal
amount (~$1).
2. The Authority would then lease City Hall back to the City, with the value
amortized over time.
3. The City’s lease payments are transferred to a trustee, who then uses those
lease payments to pay the debt service on the LRB.
Unlike General Obligation bonds, LRBs do not require voter approval. These
obligations fall under the Offner-Dean Lease Exception rule (“Exception”) and do not
constitute indebtedness under the state constitutional debt limitation and, therefore, are
not subject to voter approval. All lease financings that intend to qualify under the
Exception must satisfy multiple criteria, including:
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1. The rental obligation under the lease agreement must be contingent upon
“beneficial use and occupancy of the leased premises” over the period covered
by the lease.
2. All installments of rent that come due in any year must be in exchange for the
use and occupancy of the leased facility in that fiscal year.
3. Rental payments cannot exceed the fair rental value of the leased facility in any
year.
4. The lease cannot be a subterfuge for some larger obligation.
The City Hall Project would take approximately two years to complete, where City staff
would move into a fully renovated and retrofitted City Hall during the first half of 2026. If
starting in January, the estimated tentative schedule would be as follows:
January – February (2 months)
•Kick-off meeting for bond issuance
•Begin legal and disclosure documents
•Concept education and approval
March – April (2 months)
•Refine Disclosure documents
•Draft credit and marketing materials
May – June (2 months)
•Award Design-Build contract
•Present rating to Rating Agency
•Post offering document and market Bonds
July (1 month)
•Price and close the Bonds
•Begin construction
Early 2026 (18 months)
•Move into renovated City Hall building
Next Steps + Timeline
In the following month, the City will prepare the procurement documents outlining the
scope, requirements, and estimated price of the City Hall Project in order to release the
RFQ and RFP.
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Future Fiscal Impact
The City currently estimates a project cost of $75,000,000, which would be financed
through Lease Revenue Bonds and amortized over a 30-year term. This would result in
an estimated annual bond debt service of $5,650,000.
2021-2025 Strategic Targets and Goals
Retrofitting and renovating the City Hall building aligns with Key Target No. 2: Focused,
Aligned Leadership and Unified Community as it will improve the organizational
efficiency and effectiveness of City operations by centrally locating all City departments
in one location.
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City of San Bernardino
Study Session Meeting
Informational Report
Date:January 31, 2024
From:Charles A. Montoya, City Manager
Department: City Manager’s Office
Subject:Carousel Mall Redevelopment Project (Ward 1)
Executive Summary
Informational report on the re-development of the 43-acre Carousel Mall site in the heart
of downtown San Bernardino. The report includes site history from development of the
Central City Mall to renaming of the site Carousel Mall, closure of the mall, subsequent
demolition process, and redevelopment plans for the site.
Background
The Carousel Mall, originally Central City Mall, was developed under Central City Project
No. 1, which was a $100 million joint city improvement effort between the Federal
Government’s Department of Housing and Urban Development and the San Bernardino
Redevelopment Agency. The purpose of the project was to transform 93 acres of
deteriorating property encompassing the old Central Business District into a modern
thriving downtown area, with the focal points including a state-of-the-art mall, a civic and
cultural center, and high-rise developments of commercial and financial institutions.
In 1967, the design contracts for the mall portion of the Central City Project were awarded
to Gruen and Associates, the same architecture firm that would later be awarded the
design contract for the City Hall building. The mall site, which would include the Harris
building, would occupy 44.5 acres of the 93-acre Central City Project, with the mall
building itself encompassing 13.3 acres and offering a total leasable area of 979,534
square feet. Included in the project would be a three-level parking structure capable of
accommodating over 1,000 vehicles.
Construction on the mall itself was completed in 1971, where it was initially used for art
exhibits, concerts, and charity balls while the shops and departments stores were still
being completed. The mall officially opened under the name of the Central City Mall on
October 11, 1972, and represented a unique combination of ownership patterns: the mall
and entire parking area, including the three-level parking structure, were owned by the
San Bernardino Redevelopment Agency; the department stores, which included JC
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Penny, Montgomery Ward, and Harris, would own the pads on which their buildings were
located; and the shopping center developer, the Central City Company, would own the
pads on which the mall satellites stores were located. Over time, the City of San
Bernardino would acquire all but the Harris building, where the City now owns
approximately 43 acres of the original 44.5-acre site.
The development of the Central City Mall accomplished three basic objectives. First, it
created an improved retail environment, generating $50 million in retail sales during its
first year and creating over 2,000 jobs. Second, it reversed the downward trend of
assessed property values. In 1965, the total assessed valuation for the Central City
Project area was $8.4 million, which rose to approximately $12 million one year after the
opening of the Central City Mall and to $18 million by 1980. Third, it triggered the
development of surrounding parcels by attracting visitors to the downtown area by the
tens of thousands.
The initial success of the mall, however, was not sustainable, and it would face several
challenges that would lead to its decline as a center of retail commerce. In the late 70’s,
the Interstate 15 freeway was realigned to the Ontario region of the West Valley,
redirecting traffic that previously had come through the City. The Interstate 15 alignment
through San Bernardino became a secondary freeway, now Interstate 215, and
significantly reduced the volume of cars that would stop in the downtown area for gas,
food, shopping, and lodging. The reduced volume of traffic was exasperated by the
closures of Norton Air Force Base, Kaiser Steel, and the Santa Fe Rail Yard in the late
1980s. This resulted in the loss of over 20,000 union jobs, causing a significant loss of
spendable income in the region, impacting retail sales. Finally, the Central City Mall’s
close proximity to the Inland Center Mall reduced developer interest at Central City
location.
In 1991, the Central City Mall was renamed the Carousel Mall and was renovated to
revitalize its image and make it a more attractive location for businesses and customers.
While this worked for a time, the mall would continue to see long-term decline. In 1999,
Harris moved to the Inland Center Mall after being acquired by Gottschalks. Shortly
thereafter, Montgomery Ward closed in 2001, followed by JC Penny in 2003. Consumer
interest in the traditional enclosed mall was on the decline, and by 2016, the Carousel
Mall had only 18 tenants compared to the 100 tenants it had in the 1980s. The Carousel
Mall officially closed on August 22, 2017.
Over the years, the City has explored multiple efforts aimed at the site's redevelopment,
with previous attempts at development proving to be unsuccessful. The City issued a
Solicitation of Interest in 2014 for the reuse/redevelopment of the 43-acre site. In 2015,
AECOM/Fransen entered into an Exclusive Negotiating Agreement (ENA) with the City
to discuss the reuse and master planning of the site. AECOM/Fransen prepared a
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strategic plan for the property, but development never progressed, and the ENA was
subsequently abandoned.
In 2019, the City issued a Request for Proposals (RFP) for a developer to execute a vision
for urban development with vertical mixed-use format at the site. Of the proposals
received in 2019, Downtown USA and ICO Real Estate Group were selected and
combined efforts under the name “RDICO” to enter an ENA with the City for the
development of the site. As a result of a misalignment in the State of California’s Housing
and Community Development Department’s (HCD) acceptance of the City’s Surplus Land
Act process for the Carousel Mall site, the City Council made the decision to terminate
the ENA in 2023 to satisfy HCD.
Throughout its closure, the Carousel Mall became a health and safety burden for the City.
The mall experienced multiple break-ins, fires, and vandalization, causing structural
damage and requiring the City to expend additional resources in securing the site.
According to the Public Works Department, facilities employees would spend
approximately 25% of their time addressing issues associated with vandalism and
breaches at the mall, taking away valuable staff resources from focusing on maintenance
and repair needs in other locations. Between 2020 and 2022, the mall generated 107
fire-related emergency calls and 301 police-related calls, based on statistics from the San
Bernardino County Fire District and the San Bernardino Police Department:
FIRE STATISTICS
Incident Type 2020 2021 2022 Total
Medical 10 14 20 44
Commercial Structure Fire 0 3 23 26
Other Fire 2 11 17 30
Hazmat 1 0 0 1
Investigation/alarm 0 2 2 4
Public Service 0 2 2 4
Total 14 31 62 107
POLICE STATISTICS
Incident Type 2020 2021 2022 Total
Service Call 56 121 124 301
On July 20, 2022, the Mayor and City Council authorized staff to solicit a Design/Build
proposal for the demolition of the mall and approved a contract with Redwood Private
Security to provide a 24/7 security patrol of the Carousel Mall grounds. Then, on
December 7, 2022, the Mayor and City Council awarded a Design/Build Contract to
Resource Environmental Inc. in the amount of $7.7 million, for a total project cost of $8
million when including project management and inspection services.
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In collaboration with consultants and key staff, the City has conducted critical market
analysis, consolidating insights and recommendations derived from prior studies and
proposals to establish the framework for revitalization and redevelopment of the Carousel
Mall and downtown. Studies conducted include:
•2009: San Bernardino Downtown Core: Vision and Action Plan
o Prepared by AECOM
o Provided a proposed roadmap, including community input and
engagement, for revitalization and redevelopment of downtown
•2016: Theater Square Strategic Plan
o Prepared by AECOM/Fransen
o Provided proposed plan for the redevelopment of the Theater Square
property located at the corner of E Street and 4th Street in downtown
•2021: Economic Forecast and Vision for San Bernardino
o Prepared by Patrick Adler, Ph.D. at UC Riverside, School of Business
o Provided research regarding revitalization strategies and
recommendations for renewal of downtown
•2021: Planning the Inland Empire’s Downtown: A Strategy for San Bernardino
City
o Prepared by Christopher Thornberg, Ph.D. at UC Riverside, School of
Business
o Provided economic overview and forecast of downtown San Bernardino
•2021: Major League Prospect: A Strategic Framework for Growing Downtown
San Bernardino
o Presented by the San Manuel Band of Mission Indians
o Prepared by UC Riverside, School of Business’s Center for Economic
Forecasting and Development
o Provided a strategic framework for the revitalization of downtown San
Bernardino covering employment and housing density
•2023: Downtown San Bernardino Property and Business Improvement District
Feasibility Study
o Prepared by Civitas
o Provided an analysis regarding the potential pros and cons of
implementing a Property and Business Improvement District in downtown
•Actively ongoing: Downtown Specific Plan
o Prepared by Placeworks
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o Will provide zoning updates to the downtown core in alignment with
community driven input and market analysis
Staff Analysis
A primary focal point in the revitalization of San Bernardino remains the redevelopment
of the Carousel Mall, an unoccupied commercial property spanning 43 acres of prime real
estate at the heart of downtown. The comprehensive demolition process commenced in
2023, followed by subsequent environmental remediation efforts, with a targeted
demolition completion date set for February 2024.
Concurrently, environmental concerns within the former Montgomery Wards Auto Center
building are being evaluated, and Public Works is actively planning to engage a contractor
to address and resolve these issues. Additionally, strategic considerations are being
explored for the former Penney’s Auto Care facility, located west of the Montgomery
Wards Auto Center, which has been issued a "no further action." A “no further action” is
issued by the Regional Water Quality Control Board / State Water Resources Control
Board to any site in which an underground storage tank (UST) was present. This means
that any environmental issues relating to the UST have been abated and that no further
remediation actions are necessary at the site. This clearance means that the site is clean
as related to the UST, and development may be undertaken.
This has prompted an examination of potential demolition options to the JC Penny’s
building either before the contractor's demobilization or through a distinct process. As it
relates to the building, by moving the demolition forward while the contractor is still on
site, it will save additional costs to the City either through attempting to have the contractor
remobilize (bring the equipment back on site) or having to add additional costs as a result
of needing to truck materials to a remote site for processing.
The Phase 1 environmental study is complete and has been reviewed by key public works
staff. The Phase 2 environmental study is pending, following the conclusion of the
Request for Proposals (RFP) process for consultant selection on January 18. It is
anticipated that a contractor will be tentatively selected prior to February 2024.
Subsequent studies encompassing geotechnical, which includes a soils report, and
hydrology analyses, are anticipated in the coming months. As part of the City’s
commitment to conduct thorough due diligence, these comprehensive assessments and
studies play a critical role in informing the decision-making process and ensuring that the
subsequent phases of the development align with the highest environmental and
regulatory standards. The City remains dedicated to proactively addressing any
environmental concerns and challenges associated with the site, thus fostering a
stabilized trajectory for the redevelopment project.
The site may be divided into multiple quadrants, starting with Quadrant 1 situated at the
Southeast corner of Second and E Street, and Quadrant 2 positioned at the southwest
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corner of Second and G Street. This strategic approach aims to restore the historic street
grid, fostering improved connectivity, and implementing walkable, human-scale facades
within the redevelopment.
The City will work towards complete land entitlement at the site, positioning the property
for sale as a fully entitled project. The City will play a pivotal role as the land developer,
preparing the property for sale in a project-ready state, ensuring alignment with the City’s
vision for development. The objective is to attract a diverse range of mixed-use activities,
encompassing residential, office, and commercial components, with an emphasis on
establishing clear transit connections to cultivate a transit-oriented development. The
residential units will include low to moderate (low-mod) and market rate housing forms to
incentivize a cohesive community.
Staff envisions the realization of a well-executed project that adheres to established
standards and urban planning principles. By undertaking the role of the land developer,
the City will ensure that the property is prepared for sale and development. With the
quadrant approach, there will be a continuous evolution to subsequent phases of
development in accordance with the City’s land entitlement procedures.
As part of incentivizing the future development of the site, the economic development
team implemented a new resource for real estate developers via a real estate email
newsletter providing local real estate market information. Staff continue to work with the
City’s grants teams to take advantage of potential funding sources.
Next Steps + Timeline
Consultant selection for the Phase 2 Environmental Study is anticipated by February
2024. Geotechnical and hydrology studies will be conducted in the coming months.
Future Fiscal Impact
The full fiscal impact is unknown at the time. The City has currently received low bid
estimates of $38,000 for the Phase 2 Environmental Study for the first two quadrants.
The City has not yet secured hydrology and geotechnical study estimates as of yet, due
to the ongoing demolition; however, they could be as high as $150,000 each.
2021-2025 Strategic Targets and Goals
Redevelopment of the Carousel Mall site aligns with Key Target No. 4: Economic
Growth and Development, as it will serve as it will revitalize Downtown San Bernardino
and serve as a catalyst for future growth and development.
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City of San Bernardino
Study Session Meeting
Informational Report
Date: January 31, 2024
From:Charles A. Montoya, City Manager
Cory Hodges, Senior Management Analyst
Department: City Manager
Subject: Code of Ethics and Conduct Policy (All Wards)
Executive Summary
This proposed Code of Ethics and Conduct Policy will serve as one of the key governing
documents for the organization, establishing a clear and affirmative set of professional
and ethical standards for the City, including elected officials, as they carry out their
respective roles on behalf of the public. The provisions of this Code of Ethics and Conduct
shall only apply to individuals when acting in their official capacities and in the discharge
of their duties. These standards are intended to enhance the quality of service and instill
confidence in local government from residents, community stakeholders, and outside
entities.
The policy would not replace existing laws, regulations, or self-imposed guidelines
adopted by the Mayor and City Council. Rather it reaffirms those standards within a high-
level public-facing document that can be considered alongside the City’s mission
statement and strategic goals.
Background
Citizens and stakeholders of the City of San Bernardino expect all members of the
municipal organization to act individually and collectively to create a City government that
is responsible, fair, honest and open. Anyone acting on behalf of the City is expected to
demonstrate the highest standards of personal integrity, honesty and conduct in all
activities to assure public confidence and trust in local government.
The policy does not supplant other laws, rules, regulations, or Council actions that
prescribe the legal responsibilities of City officials. These include, but are not limited to,
self-imposed Campaign Finance rules, the Code of Conduct is established under San
Bernardino Municipal Code Chapter 2.58, the Federal and State Constitutions, various
provisions of the California Government Code (such as the Brown Act and the Political
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Reform Act), the Labor Code, laws prohibiting discrimination and harassment, the City
Charter, or Municipals code.
A periodic review of the code shall be conducted to ensure that the code is an effective
and vital governing document.
The City of San Bernardino Code of Ethics and Conduct is intended to be a reflection of
the community's values as articulated by the Mayor and City Council as they represent
the will of the people of San Bernardino.
Staff Analysis
The proposed Code of Ethics and Conduct Policy would encompass the following topics:
dedicated service, nondiscrimination, confidential information, use of public property,
conflict of interest, outside employment, political activity, personal responsibility, ten core
values.
Staff are proposing that the City subscribe to a Code of Ethics and Conduct embodied in
core values. These core values include being ethical, professional, service-orientated,
fiscally responsible, organized, communicative, collaborative, progressive,
fair/accountable, and respectful as indicated in practice below:
Core Value #1 - As a Representative of the City of San Bernardino, I will be ethical.
In practice, this value looks like:
a. I am trustworthy, acting with the utmost integrity and moral courage.
b. I am truthful, do what I say I will do, and am dependable.
c. I make impartial decisions, free of bribes, unlawful gifts, narrow political
interests, and financial and other personal interests that impair my judgment or
action.
d. I am fair, distributing benefits and burdens according to consistent and equitable
criteria.
e. I show respect for persons, confidences, and information designated as
"confidential."
f. I use my title(s) only when conducting official City business, for information
purposes, or as an indication of background and expertise, carefully considering
whether I am exceeding or appearing to exceed my authority.
Core Value #2 - As a Representative of the City of San Bernardino, I will be
professional.
In practice, this value looks like:
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a. I apply my knowledge and expertise to my assigned activities and to the
interpersonal relationships that are part of my job in a consistent, confident,
competent, and productive manner.
b. I approach my job and work-related relationships with a positive attitude.
c. I keep my professional knowledge and skills current and growing.
Core Value #3 - As a Representative of the City of San Bernardino, I will be service-
oriented.
In practice, this value looks like:
a. I provide friendly, receptive, courteous service to everyone.
b. I am attuned to, and care about, the needs and issues of citizens, public officials,
and city workers.
c. In my interactions with all staff members, I am interested, engaged, and
responsive.
Core Value #4 - As a Representative of the City of San Bernardino, I will be fiscally
responsible.
In practice, this value looks like:
a. I make decisions after prudent consideration of their financial impact, taking into
account the long-term financial needs of the City, especially its financial stability.
b. I demonstrate concern for the proper use of City assets (e.g., personnel, time,
property, equipment, funds) and follow established procedures.
c. I make good financial decisions that seek to preserve programs and services for
City residents.
Core Value #5 - As a Representative of the City of San Bernardino, I will be
organized.
In practice, this value looks like:
a. I act in an efficient manner, making decisions and recommendations based upon
research and facts, taking into consideration short- and long-term goals.
b. I follow through in a responsible way, keeping others informed, and responding
in a timely fashion.
c. I am respectful of established City processes and guidelines.
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Core Value #6 - As a Representative of the City of San Bernardino, I will be
communicative.
In practice, this value looks like:
a. I convey the City's care for and commitment to its citizens.
b. I communicate in various ways that I am approachable, open-minded, and
willing to participate in dialog.
c. I engage in effective two-way communication, by listening carefully, asking
questions, and determining an appropriate response which adds value to
conversations.
Core Value #7 - As a Representative of the City of San Bernardino, I will be
collaborative.
In practice, this value looks like:
a. I act in a cooperative manner with groups and other individuals, working together
in a spirit of tolerance and understanding.
b. I work towards consensus building and gain value from diverse opinions.
c. I accomplish the goals and responsibilities of my individual position, while
respecting my role as a member of a team.
d. I consider the broader regional and State-wide implications of the City's
decisions and issues.
Core Value #8 - As a Representative of the City of San Bernardino, I will be
progressive.
In practice, this value looks like:
a. I exhibit a proactive, innovative approach to setting goals and conducting the
City's business.
b. I display a style that maintains consistent standards, but is also sensitive to the
need for compromise, "thinking outside the box," and improving existing paradigms
when necessary.
c. I promote intelligent and thoughtful innovation in order to forward the City's policy
agenda and City services.
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Core Value #9 - As a Representative of the City of San Bernardino, I will be
Fair/Accountable.
In practice, this value looks like:
a. I promote meaningful public involvement in the agency’s decision-making
processes.
b. I treat all persons, claims and transactions in a fair and equitable manner; I
make decisions based on the merits of the issue.
c. If I receive substantive information that is relevant to a matter under
consideration from sources outside the public decision-making process, I
publicly share it with my fellow governing board members and staff.
d. I work to contribute to a strong organization that exemplifies transparency and
open communication.
Core Value #10 - As a Representative of the City of San Bernardino, I will be
Respectful to fellow members of the organization.
In practice, this value looks like:
a. I treat my fellow officials, staff and the public with patience, courtesy and civility,
even when we disagree on what is best for the community.
b. I work towards consensus building and gain value from diverse opinions.
c. I respect the distinction between the role of office holder and staff; I involve staff
in meetings with individuals, those with business before the agency, officials
from other agencies and legislators to ensure proper staff support and to keep
staff informed.
d. I conduct myself in a courteous and respectful manner at all times during the
performance of my official City duties.
e. I encourage full participation of all persons and groups; I am aware and observe
important celebrations and events which reflect the values of our diverse
population.
Next Steps
1. Staff will incorporate feedback from the Mayor and City Council, City Manager,
and Department Directors.
2. Formal adoption of the City of San Bernardino Code of Ethics and Conduct
Policy at a regular Mayor and City Council meeting.
3. Distribute the policy.
.
Future Fiscal Impact
There is no fiscal impact to create and adopt a Code of Ethics and Conduct Policy.
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2021-2025 Strategic Targets and Goals
This proposed Code of Ethics and Conduct Policy aligns with Key Strategic Target and
Goal 2b: Building a culture that attracts, retains, and motivates the highest quality talent.
Attachments
Attachment 1 – Proposed Code of Ethics and Conduct Policy
Attachment 2 – Ordinance MC 1438 - Code of Conduct (Municipal Code Chapter 2.58)
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City of San Bernardino - Administrative Policy Manual
City of San Bernardino
Administrative Policy Manual
Subject: Code of Ethics and Conduct
Purpose: To establish a clear and affirmative set of professional and ethical standards
for the City, including elected officials, as they carry out their respective roles on behalf
of the public. These standards are intended to enhance the quality of service and instill
confidence in local government from residents, community stakeholders, and outside
entities.
Authority: Resolution No. ______________
Scope: The provisions of this Code of Ethics and Conduct shall apply to the City,
including elected officials, as they carry out their respective roles on behalf of the public.
Furthermore, the provisions of this Code of Ethics and Conduct shall only apply to
individuals when acting in their official capacities and in the discharge of their duties.
Individuals employed by the City under contractual agreements must also observe the
provisions of this policy for the term of their contract or as the contract may stipulate.
Policy:
Dedicated Service
In the performance of their duties, individuals shall support governmental objectives
expressed by the electorate and interpreted by the City Council and the City programs
developed to attain these objectives. Individuals shall adhere to work rules and
performance standards established for their positions by the appointing authority. The
City requires all to use good manners, be considerate, be accurate and truthful in
statement, and to exercise sound judgment in the performance of their work. While acting
in their official capacity, no individual shall perform work for any other employer or agency
and neither conduct nor pursue any unauthorized activity.
Nondiscrimination
No person shall grant any special consideration, treatment, or advantage to any person
beyond that which is available to every other person in similar circumstance. No person
shall be favored or discriminated against with respect to any appointment in the City
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service because of family or social relationships, sex, race, religion, national origin,
marital status, age, physical handicap, political opinion or political affiliation.
Confidential Information
As appropriate, every appointing authority shall make known to subordinates which
information is regarded as confidential. No person shall disclose or remove from City
offices such confidential information except as authorized or required by law or office nor
otherwise use such information for personal gain or benefit. All personnel records shall
be confidential except when disclosure is required by law.
No person shall use confidential information acquired by or available to them in the course
of their relationship with the City for personal gain or for personal, non-City business-
related reasons. Any persons who is aware of a breach of confidentiality is expected to
bring forth that information to the appropriate officials in a timely manner.
Use of Public Property
Persons shall not use City time, City funds, City facilities, equipment, or supplies for
personal use, personal gain, or campaign related political activities; nor shall they use or
attempt to use their position to secure unwarranted privileges or exemptions for
themselves or others.
Conflict of Interest
No person shall engage in any business or transaction or shall have a financial or other
personal interest or association, which is in conflict with the proper discharge of duties or
would tend to impair independence of judgment or action in the performance of duties.
Personal as distinguished from financial interest includes an interest arising from blood
or marriage relationships or close business, personal, or political association. This section
shall not serve to prohibit independent acts or other forms of enterprise during those hours
not covered by an active relationship with the City providing such acts do not constitute a
conflict of interest as defined herein.
Outside Employment
Non-elected officials shall not engage in any work, employment, or occupation outside
City employment, which is detrimental to City service, which prevents or impedes the
efficient performance of their duties in City employment, or which is in any way in conflict
with their employment with the City. Non-elected officials shall not engage in any work,
employment, or occupation outside City employment unless they have notified their
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department via a Notification of Outside Employment form, and the permit has been
approved by the Department Director.
Political Activity
It is the intent of the Mayor and City Council that every City employee participates in the
political process to the extent that such participation does not interfere with the orderly
performance of City employees’ duties and functions. Employees engaged in political
activity in violation of any personnel rule, City policy, labor contract, or regulation
governing the conduct of City employees shall constitute cause for disciplinary action.
Personal Responsibility
The City shall provide all newly elected officials and employees with a copy of the Code
of Ethics and Conduct Policy. It shall be the responsibility of the individual to become
aware and knowledgeable of this document.
Core Values
The proper operation of democratic government requires that all persons be impartial,
and accountable to the people they serve. The City of San Bernardino has adopted this
Code of Ethics and Conduct to promote and maintain the highest standards of personal
and professional conduct in the City's government. All persons who participate in the
City's government are required to subscribe to this Code, understand how it applies to
their specific responsibilities, and practice its ten core values in their work. Because we
seek public confidence in the City's services and public trust, our decisions and our work
must meet the most demanding ethical standards and demonstrate the highest levels of
achievement in following this code.
1. As a Representative of the City of San Bernardino, I will be ethical.
In practice, this value looks like:
a. I am trustworthy, acting with the utmost integrity and moral courage.
b. I am truthful, do what I say I will do, and am dependable.
c. I make impartial decisions, free of bribes, unlawful gifts, narrow political
interests, and financial and other personal interests that impair my judgment or
action.
d. I am fair, distributing benefits and burdens according to consistent and equitable
criteria.
e. I show respect for persons, confidences, and information designated as
"confidential."
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f. I use my title(s) only when conducting official City business, for information
purposes, or as an indication of background and expertise, carefully considering
whether I am exceeding or appearing to exceed my authority.
2. As a Representative of the City of San Bernardino, I will be professional.
In practice, this value looks like:
a. I apply my knowledge and expertise to my assigned activities and to the
interpersonal relationships that are part of my job in a consistent, confident,
competent, and productive manner.
b. I approach my job and work-related relationships with a positive attitude.
c. I keep my professional knowledge and skills current and growing.
3. As a Representative of the City of San Bernardino, I will be service-oriented.
In practice, this value looks like:
a. I provide friendly, receptive, courteous service to everyone.
b. I am attuned to, and care about, the needs and issues of citizens, public officials,
and city workers.
c. In my interactions with all staff members, I am interested, engaged, and
responsive.
4. As a Representative of the City of San Bernardino, I will be fiscally responsible.
In practice, this value looks like:
a. I make decisions after prudent consideration of their financial impact, taking into
account the long-term financial needs of the City, especially its financial stability.
b. I demonstrate concern for the proper use of City assets (e.g., personnel, time,
property, equipment, funds) and follow established procedures.
c. I make good financial decisions that seek to preserve programs and services for
City residents.
5. As a Representative of the City of San Bernardino, I will be organized.
In practice, this value looks like:
a. I act in an efficient manner, making decisions and recommendations based upon
research and facts, taking into consideration short and long term goals.
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b. I follow through in a responsible way, keeping others informed, and responding
in a timely fashion.
c. I am respectful of established City processes and guidelines.
6. As a Representative of the City of San Bernardino, I will be communicative.
In practice, this value looks like:
a. I convey the City's care for and commitment to its citizens.
b. I communicate in various ways that I am approachable, open-minded, and
willing to participate in dialog.
c. I engage in effective two-way communication, by listening carefully, asking
questions, and determining an appropriate response which adds value to
conversations.
7. As a Representative of the City of San Bernardino, I will be collaborative.
In practice, this value looks like:
a. I act in a cooperative manner with groups and other individuals, working together
in a spirit of tolerance and understanding.
b. I work towards consensus building and gain value from diverse opinions.
c. I accomplish the goals and responsibilities of my individual position, while
respecting my role as a member of a team.
d. I consider the broader regional and State-wide implications of the City's
decisions and issues.
8. As a Representative of the City of San Bernardino, I will be innovative.
In practice, this value looks like:
a. I exhibit a proactive, innovative approach to setting goals and conducting the
City's business.
b. I display a style that maintains consistent standards, but is also sensitive to the
need for compromise, "thinking outside the box," and improving existing paradigms
when necessary.
c. I promote intelligent and thoughtful innovation in order to forward the City's policy
agenda and City services.
9. As a Representative of the City of San Bernardino, I will be fair/accountable.
In practice, this value looks like:
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a. I promote meaningful public involvement in the agency’s decision-making
processes.
b. I treat all persons, claims and transactions in a fair and equitable manner; I
make decisions based on the merits of the issue.
c. If I receive substantive information that is relevant to a matter under
consideration from sources outside the public decision-making process, I
publicly share it with my fellow governing board members and staff.
d. I work to contribute to a strong organization that exemplifies transparency and
open communication.
10. As a Representative of the City of San Bernardino, I will be respectful to fellow
members of the organization.
In practice, this value looks like:
a. I treat my fellow officials, staff and the public with patience, courtesy and civility,
even when we disagree on what is best for the community.
b. I work towards consensus building and gain value from diverse opinions.
c. I respect the distinction between the role of office holder and staff; I involve staff
in meetings with individuals, those with business before the agency, officials
from other agencies and legislators to ensure proper staff support and to keep
staff informed.
d. I conduct myself in a courteous and respectful manner at all times during the
performance of my official City duties.
e. I encourage full participation of all persons and groups; I am aware and observe
important celebrations and events which reflect the values of our diverse
population.
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WHEREAS, on November 8, 2016 the citizens of the City of San Bernardino enactet
a new City Charter- and5
WHEREAS, the City Council desires to amend the City of San Bernardino Municipao
Code to implement the new City Charter, which took effect on January, 31, 2017.
NOW9 THEREFORE9 THE MAYOR AND CITY COUNCIL OF THE CITY OF
0SANBERNARDINODOORDAINASFOLLOWS.
SECTION 1. Chapter 2.58 of the San Bernardino Municipal Code is hereby repealed
and replaced in its entirety with the following:
2.58.010 Mayor and City Council
A. Regular meetings of the Mayor and City Council of the City of San Bernardino
shall be held on the first and third Wednesdays of each month commencing at four
p.m. (4 p.m.) for Closed Session and at five p.m. (5 p.m.) for Open Session at the
City Council Chambers, City Hall, 300 North "D" Street, San Bernardino,
California, or such other location within the City as may be properly noticed.
B. Such meetings shall be adjourned, held and continued in accordance with the
provisions of Government Code Sections 54954, 54955, 54955.1, 549565 54956.5
and other applicable sections and any amendments thereto. Regular meetings shall
be held at the City Hall of the City, or such other location within the City as may b1f
properly noticed. Adjourned meetings, special meetings and adjourned special
meetings may be held at any convenient location approved by the Mayor and City
Council either within or without the corporate limits of the City, as may be
permitted by state law.
2.58.020 Meetings of boards, commissions and committees
The dates, times and places of regular meetings of all boards, commissions and
committees of the City shall be set forth in one or more ordinances or resolutions of
the Mayor and City Council.
Pts 11-ta"'Immeat,
As provided in Section 302 of the Charter, the City Council and Mayor are required to
implement a Code of Conduct to guide their interactions and create accountability.
In accordance with Section 302, the members of the City Council shall conform their
conduct to the following rules:
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A. The role of the City Council is legislative in character, which includes the power to
set policy, approve contracts and agreements not within the authority of the City
Manager or his subordinates, and undertake other obligations consistent with the
Charter and Code, while deferring to the discretion of management and staff to choose
the appropriate means to achieve the Council's goals
B. The City Council, as the elected body serving all of the residents of the City, sha
perform its duties and exercise its -powers in a manner that serves the best interests
olltheentireCity, rather than any particular geographic area or special interest.
2.58.040 Mayor's Conduct - Generally
A. The Mayor will build consensus with the City Council to create and implement a
shared vision and plan of implementation to restore the City's fiscal integrity.
B. The Mayor will establish and maintain partnerships and regional leadership roles to
advance the City's interest.
W. The Mayor will be the presiding officer at meetings of the City Council and will
fully participate in discussions.
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i ne Mayor will work with the City Council and City Manager to coordinate goal
setting and the performance evaluation of the City Manager.
VIVOIIIt
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The residents and businesses of the City of San Bernardino are entitled to have fair,
ethical and accountable local government which has earned the public's full
confidence for integrity. The City will operate in an open, honest and transparent
manner. To this end, the Mayor and City Council of the City of San Bernardino will
adhere to the following Code of Conduct to assure public confidence in the integrity of
local government, its effective operations, and fair treatment of people.
A. The professional and personal conduct of the Mayor and City Council must be
above reproach and avoid the appearance of impropriety. The Mayor and members
of the City Council shall refrain from abusive conduct, personal or verbal attacks
upon the character or motives of each other, the staff or the public.
B. The Mayor and members of the City Council shall perform their duties in
accordance with the procedural rules for meetings, established by them, in
governing the deliberation of public policy issues, involvement of the public and
the implementation of policy decisions of the Mayor and City Council by City
staff.
C. The Mayor and City Council shall prepare themselves for public issues; listen
courteously and attentively to all public discussions before the body; and focus on
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the business at hand. They shall refrain from interrupting other speakers; making
personal comments not germane to the business of the body; or otherwise
interfering with the orderly conduct of meetings.
D. The Mayor and City Council shall base their decisions on the merits and substance
of the matter at hand, rather than on unrelated considerations.
E. The Mayor and City Council shall publicly share substantive information that is
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N. With respect to communications with the City Manager and staff:
1. Unless it is a simple inquiry, the Mayor or members of the City Council
Will contact the City Manager before going to Department Heads.
2. When contacting Department Directors through e-mail, the Mayor and
Council Members will copy the City Manager as a courtesy.
3. The City Manager will ensure that the Mayor and City Council are
proactively informed on major policy issues or issues that may attract
media or public attention; likewise, the Mayor and City Council
members will give the City Manager notice if he or she learns of issues
of concern.
4. The Mayor, City Council, City Manager and staff will not blindside
each other in public.
5. Council members are encouraged to submit questions on agenda items
to the City Manager as far in advance of the meeting as possible so that
staff can be prepared to respond at the meeting.
6. The Mayor and City Council will refer citizen complaints to staff and
give them adequate time to respond. Staff will report back to the
Council through theCity Manager on the resolutions of these
complaints.
7. The Mayor and Councilmembers will be provided with information
from staff and other members on an equal basis so that they are equally
prepared to make good decisions.
2.58.060 Prohibiting disruptive conduct at meetings
The Mayor or any member of the City Council shall not engage in disorderly
or disruptive conduct - in the presence of the City Council at public meetings, which
conduct actually disrupts, disturbs or impedes the City Council meeting. The City
Council shall have power to punish the Mayor or any of its members for disorderly or
disruptive conduct -in its presence after first providing notice of the prohibited behavior
and an opportunity to be heard. The fine shall not exceed the sum of fifty dollars.
2.58.070 Willful Disruptions of Meetings of the Mayor and City Council
Understanding that the purpose of the meetings of the Mayor and City Council is to
conduct the people's business for the benefit of all the people, in the event that any
meeting of the Mayor and City Council is willfully disrupted by a person or by a group
of persons so as to actually impair the orderly conduct of the meeting, the Mayor may
proceed pursuant to Government Code §54957.9 or any applicable penal statute or
ordinance. For the purposes of these rules "willfully disrupt" includes, but is not
limited to,, continuing to do any of the following after being warned by the Mayor that
continuing to do so will be a violation of law:
a. Addressing the Mayor and City Council without first being recognized.
b. Persisting in addressing a subject or subjects, other than that before the Mayor anj
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2.58.080 Holidays
In the event the date of a meeting falls on a City holiday, the next business day
following such holiday shall be the meeting date,, at the same time and place, except as
tetermined by the City Council.
Minim
The clerk or secretary of each board, commission and committee shall review and
be familiar with the provisions of the Ralph M. Brown Act, Government Code
Section 54950, et seq.
2.58.100 Continuances; fee
Any person, firm, corporation or other entity having an appeal, or other item on the
agenda of the Mayor and City Council may request a continuance of such item by
ba request - t ere fo -to --t i Clsu — c
request must be accompanied by a processing fee established by resolution of the
Mayor and City Council. The granting of a continuance shall be subject to the
complete discretion of the Mayor and City Council taking all of the facts and
circumstances of the matter into consideration. If the request for continuance is
received by telephonic communication or other means where the requester is not
present, the continuance may be granted subject to the receipt of the processing fee
prior to the new agenda date. Should the request for a continuance be denied any
processing fee paid shall be returned upon application made by the payor within ninety
90) days. Any subsequent request for a continuance shall require an additional fee.
The fee provided for by this ordinance and set by any resolution adopted pursuant
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thereto shall not apply to any continuance requested by the City, any department or
officer thereof or by any agency or other entity which is funded primarily by the City.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municip
Code or appendices thereto inconsistent with the provisions of this ordinance,, to the extent o
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdon, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4, PUBLICATION. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and -prior to the expiration of fifteen (15)
days from its passage shall be published once in a newspaper of general circulation, printed
and published in the City of San Bernardino or, in the alternative, the City Clerk may cause to
be published a summary of this Ordinance and a certified copy of the text of this Ordinance
shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of the City Clerk a
certified copy of this Ordinance together with the names of the members of the City Council
voting for and against the same.
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