HomeMy WebLinkAbout07-17-2024 Agenda PacketMayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
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, 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, JULY 17, 2024
4:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY 555 WEST 6TH STREET • 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 Rochelle Clayton
COUNCIL MEMBER, WARD 2 ACTING 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
PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 3845002 TWO
WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR
REASONABLE ACCOMMODATIONS
To view PowerPoint presentations, written comments, or any revised
documents for this meeting date, use this link: tinyurl.com/agendabackup.
Select the corresponding year and meeting date folders to view documents.
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
Acting City Manager Rochelle Clayton
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
4:00 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION p.11
A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i. Dennis Han v. City of San Bernardino, Workers’ Compensation Case Nos.
AJ6020285, ADJ16136996, ADJ10816736, and ADJ10816740
ii. David Green v. City of San Bernardino, Workers’ Compensation Case Nos.
ADJ16318214 and ADJ16318215
iii. Steve Carrigan v. City of San Bernardino and Kimberly Calvin, Superior Court
of the County of San Bernardino Case No. CIVSB 2419810
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)):
a. Notice of Claim, Asa Carraway, dated January 12, 2024, Claim No.
GHC0066973.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code Section 54956.8
1. Property: 300 North E Street (Parcel Map 688, Parcel 12 Book 25
Page 47 Parcel Map 688 Parcel No. 12 formally known as City PTN Blk 12
and PTN 3rd St VAC)
City Negotiator: City Manager or Designee
Negotiating Parties: El Corte Ingles
Under Negotiations: Price and Terms of Exclusive Negotiating Agreement
2. Property: 1750 S. Waterman Avenue (APN 0141412480 000)
City Negotiator: City Manager or Designee
Negotiating Parties: Jay Ashree Krishna, Inc.
Under Negotiations: Price and Terms of Exclusive Negotiating Agreement
Mayor and City Council of the City of San Bernardino Page 3
5:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
APPOINTMENTS
1. Measure S Citizens Oversight Committee Appointment of Stacia Olivias (Mayor’s
Appointment) P. 13
2. Animal Commission Appointment of Jodi R. Kroeger (Ward 4) P.26
PUBLIC HEARING
3. Proposed Fourth Substantial Amendment to Fiscal Years 20202021 Annual Action
Plan Associated with Community Development Block Grant Coronavirus Relief
Funds (All Wards) P.37
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Conduct a public hearing to obtain citizens’ comments on the proposed Fourth
Substantial Amendments to the Fiscal Year 20202021 Annual Action Plan for the
Community Development Block Grant Coronavirus Relief Funds; and
2. Approve the Substantial Amendment to Fiscal Year 20202021 Annual Action Plan for
the Community Development Block Grant; and
3. Approve the Technical Correction and Adopt Resolution No. 2024157; and authorize
the Director of Finance to amend the Fiscal Year 2024/25 Operating Budget with an
appropriation of $316,992.70 to both revenues and expenditures in accordance with
the Fourth Substantial Amendment to the 20202021 Annual Action Plan; and
4. Authorize the City Manager or designee to take any further actions and execute any
further agreements or documents as necessary to effectuate the submittal of the
Proposed Substantial Amendments to Fiscal Year 20202021 Annual Action Plan.
4. Public Hearing on Fiscal Year 202425 Assessment Levies for Previously Formed
Assessment Districts (All Wards) P.200
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
hold public hearings and:
1. Adopt Resolution No. 2024164 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for Assessment
District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 202425;
2. Adopt Resolution No. 2024165 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 202425;
3. Adopt Resolution No. 2024166 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,
10631064 and 1068 for Fiscal Year 202425;
Mayor and City Council of the City of San Bernardino Page 4
4. Adopt Resolution No. 2024167 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 2024
25; and
5. Adopt Resolution No. 2024168 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 202425.
5. Public Hearing and Resolution Confirming Assessments for Delinquent Solid Waste
Collection Service Charges on the Property Tax Roll for Fiscal Year 202425 (All
Wards) P.236
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution 2024169, authorizing the Mayor and City Council of the City of San
Bernardino, California, to adopt the report proposing to have delinquent solid waste
collection service charges collected on the tax roll.
CITY MANAGER UPDATE
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
CONSENT CALENDAR
6. Approval of Various Mayor and City Council Meeting Minutes P.315
Recommendation:
1. February 21, 2024, Draft Regular and Special Meeting Minutes
2. March 20, 2024, Draft Regular Meeting Minutes
3. April 17, 2024, Draft Regular Meeting Minutes
4. June 5, 2024, Draft Regular Meeting Minutes
7. Adoption of Ordinance No. MC1638 (Annexation 43 Quick Quack Car Wash) (Ward 1)
Recommendation: P.385
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Ordinance No. MC1638 amending Ordinance No. MC1522 and levying special taxes
to be collected during Fiscal Year 20232024 to pay the annual costs of the maintenance
and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street
sweeping, parks and trail maintenance, a reserve fund for capital replacement, and
administrative expenses with respect to City of San Bernardino Community Facilities
District No. 20191 (Maintenance Services).
8. Adoption of Ordinance No. MC1639 (Annexation 44 Everhome Suites)(Ward 3) P. 401
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Ordinance No. MC1639 amending Ordinance No. MC1522 and levying special taxes
to be collected during Fiscal Year 20232024 to pay the annual costs of the maintenance
and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street
sweeping, parks and trail maintenance, a reserve fund for capital replacement, and
administrative expenses with respect to City of San Bernardino Community Facilities
District No. 20191 (Maintenance Services).
Mayor and City Council of the City of San Bernardino Page 5
9. Adoption of Ordinance No. MC1640 (Annexation 45 GWS#8) (Ward 3) P.417
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Ordinance No. MC1640 amending Ordinance No. MC1522 and levying special taxes
to be collected during Fiscal Year 20232024 to pay the annual costs of the maintenance
and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street
sweeping, parks and trail maintenance, a reserve fund for capital replacement, and
administrative expenses with respect to City of San Bernardino Community Facilities
District No. 20191 (Maintenance Services).
10. Resolution Declaring Intent to Amend Special Tax Rates: Community Facilities
District No. 20191 (Maintenance Services): Annexation No. 28, Tax Zone No. 29
(Verdemont Ranch) (Ward 5) P.433
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024152 of the Mayor and City Council of San Bernardino, California,
declaring its intention to amend the Special Tax rates for Annexation No. 28 into Community
Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, and
authorizing the levy of a special taxes therein.
11. Fiscal Year 202425 Special Tax Levies for Previously Formed Community Facilities
Districts (Wards 3 and 5) P.462
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2024158 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 202425 to Pay the Annual Cost of Public Safety Services and
Administrative Expenses within Community Facilities District No. 20181
(Safety Services) of the City of San Bernardino;
2. Adopt Resolution No. 2024159 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 202425 to Pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No 20182
(Verdemont Ranch) of the City of San Bernardino;
3. Adopt Resolution No. 2024160 of the Mayor and City Council of the City of San
Bernardino, California Levying Special Taxes to be Collected During Fiscal Year
202425 to Pay the Annual Cost of Maintenance Services and Administrative
Expenses within Community Facilities District No. 20191 (Maintenance
Services) of the City of San Bernardino;
4. Adopt Resolution No. 2024161 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 202425 to Pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No. 20201
(Rancho Palma) of the City of San Bernardino;
5. Adopt Resolution No. 2024162 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 202425 to pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No. 20211
(Ferree Street) of the City of San Bernardino; and
Mayor and City Council of the City of San Bernardino Page 6
6. Adopt Resolution No. 2024163 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 202425 to Pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No. 20222 (Palm)
of the City of San Bernardino.
12. Approving Amendment No. 3 to Cooperative Agreement No. 191002205 with the San
Bernardino County Transportation Authority (SBCTA) for the Interstate
215/University Parkway Interchange Project (SS04019) (Wards 5,6) P. 462
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution 2024154:
1. Authorizing the City Manager to execute Amendment No. 3 to Cooperative
Agreement No. 191002205 with the San Bernardino County Transportation Authority
(SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04019);
and
2. Authorizing the Agency Director of Finance and Management Services to amend the
Interstate 215/University Parkway Interchange Project budget in the amount of
$403,743 through the Measure I (129) Fund Balance remaining
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 August 07, 2024
at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California
92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that
the agenda for the July 17, 2024 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, at the
Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the
City's website sbcity.org on Friday, July 12, 2024.
I declare under the penalty of perjury that the foregoing is true and correct.
Mayor and City Council of the City of San Bernardino Page 7
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. 201889 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 8
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 threeminute 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.
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 9
ALTERNATE MEETING VIEWING METHOD:
If there are any technical issues with the live stream or the recording from the main agenda
portal or if you require an option with Closed Captioning, you may view the meeting from the
following location (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:
1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments
received up to 2:30 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. Written public
comments will not be read aloud by city staff. Written correspondence can be accessed by
the public online at tinyurl.com/agendabackup .
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 request to speak using
the form on the following page: https://tinyurl.com/mccpubliccomments . Any requests to speak
submitted electronically after the 2:30 p.m. deadline will not be accepted.
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.
Written correspondence submitted after the deadline will be provided to the Mayor and City Council at
the following regular meeting.
MEETING TIME:
NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on
February 21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At
9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can
be considered and acted upon prior to 10:00 P.M. and will continue all other items on which
additional time is required until a future Mayor and City Council meeting. A majority vote of the
Council is required to extend a meeting beyond 10:00 P.M. to discuss specified items.”
Mayor and City Council of the City of San Bernardino Page 10
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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date:July 17, 2024
To:Honorable Mayor and City Council Members
From:Sonia Carvalho, City Attorney
Department:City Attorney
Subject:Closed Session
Recommendation:
A.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Dennis Han v. City of San Bernardino, Workers’ Compensation Case
Nos. AJ6020285, ADJ16136996, ADJ10816736, and ADJ10816740
ii. David Green v. City of San Bernardino, Workers’ Compensation Case
Nos. ADJ16318214 and ADJ16318215
iii. Steve Carrigan v. City of San Bernardino and Kimberly Calvin, Superior
Court of the County of San Bernardino Case No. CIVSB 2419810
B.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)):
a. Notice of Claim, Asa Carraway, dated January 12, 2024, Claim No.
GHC0066973.
C.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code Section 54956.8
1. Property: 300 North E Street (Parcel Map 688, Parcel 12
Book 25 Page 47 Parcel Map 688 Parcel No. 12 formally known as City
PTN Blk 12 and PTN 3rd St VAC)
City Negotiator: City Manager or Designee
Negotiating Parties: El Corte Ingles
Under Negotiations: Price and Terms of Exclusive Negotiating
Agreement
2. Property: 1750 S. Waterman Avenue (APN 0141-412-
48-0-000)
City Negotiator: City Manager or Designee
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Negotiating Parties: Jay Ashree Krishna, Inc.
Under Negotiations: Price and Terms of Exclusive Negotiating
Agreement
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date:July 17, 2024
To:Honorable Mayor and City Council Members
From:Helen Tran, Mayor
Department:Mayor's Office
Subject:Measure S Citizens Oversight Committee
Appointment of Stacia Olivias (Mayor’s Appointment)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Stacia Olivias to the Measure S Citizens
Oversight Committee representing the Mayor’s appointment. Stacia Olivias will fill a
vacant seat with the term ending December 2026. 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 Stacia Olivias to the Measure S Citizens
Oversight Committee.
Background
The Measure “S” Citizens Oversight Committee was established by Resolution No.
2020-248, replacing Measure “Z” Citizens Oversight Committee. The committee is
charged with reviewing and reporting on the spending plan for the one percent
general district sales tax generated under Measure S passed by voters on November
3, 2020, and verifying that the proposed expenditures are in accordance with the
Measure S ballot language and the Mayor and Council’s adopted strategic goals and
priorities. The Committee is also charged with reviewing and reporting annually on
the results of the annual audit of the Measure S revenues and expenditures
completed by an independent certified public accounting firm.
The commission is comprised of nine (9) members who serve at pleasure of the
Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City
Council member shall nominate one member who shall serve during and for the term
of the nominating Council member, and the Mayor shall nominate two members who
shall serve during and for the term of the Mayor.
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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 Stacia Olivias to the Measure S Citizens
Oversight Committee representing the Mayor’s appointment.
Attachments
Attachment 1 – Commission application – Stacia Olivias
Attachment 2 – Resolution No. 2020-248
Ward:
All Wards
Synopsis of Previous Council Actions:
October 7, 2020 The Measure “S” Citizens Oversight Committee was
established by Resolution No. 2020-248, replacing Measure
“Z” Citizens Oversight Committee.
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date:July 17, 2024
To:Honorable Mayor and City Council Members
From:Fred Shorett, Council Member, 4th Ward
Department:Council Office
Subject:Animal Commission Appointment of Jodi R. Kroeger
(Ward 4)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Jodi R. Kroeger to the Animal Control
Commission representing Ward 4 with the term ending December 2026. Jodi R.
Kroeger will replace Sharon A. Negrete. Council Staff has verified that appointee is a
registered voter within the city.
Executive Summary
The appointment of Jodi R. Kroeger to the Animal Control Commission will replace
Sharon A. Negrete for Ward 4. Ms. Kroeger is a resident of the City of San Bernardino
and her term will end on December 2026.
Background
The Animal Control Commission was established by Resolution No. 2018-45 on
February 21, 2018, and is charged with advising the Mayor, City Council and City Staff
on matters pertaining to animal control in the City. The Commission is also charged
with serving in an advisory capacity on strategies, policies and programs designed to
ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter.
The Commission is comprised of nine (9) members who serve at pleasure of the Mayor
and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council
Member shall nominate one member who shall serve during and for the term of the
nominating Council Member, and the Mayor.
Discussion
Members are appointed to the Animal Control Commission on the basis of
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demonstrated knowledge and experience in the area of animal care, animal husbandry,
wild animals, animal behavior and/or other areas which relate to the mission and
purpose of the commission. Jodi Kroeger, a resident of the City of San Bernardnio,
meets these requirements based on her professional experience. Mrs. Kroeger
currently serves as the Animal Services Supervisor for the City of Redlands Animal
Shelter. Previously, she was employed by the City of San Bernardino as an Animal
Control Officer and Supervisor, and by Franklin County Animal Care and Control as a
Field Supervisor.
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 Jodi R. Kroeger to the Animal Control
Commission representing Ward 4 with the term ending December 2026. Jodi R.
Kroeger will replace Sharon A. Negrete. Council Staff has verified that appointee is a
registered voter within the city.
Attachments
Attachment 1 - Jodi R. Kroeger - Animal Control Commission Application
Attachment 2 - Resolution No. 2018-45 Establishing Animal Control Commission
Ward:
Fourth Ward; All Wards
Synopsis of Previous Council Actions:
February 21, 2018 Resolution No. 2018-45 Establishing Animal Control
Commission was adopted.
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:July 17, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development & Housing
Department
Department:Community Development & Housing
Subject:Proposed Fourth Substantial Amendment to Fiscal
Years 2020-2021 Annual Action Plan Associated with
Community Development Block Grant Coronavirus
Relief Funds (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a public hearing to obtain citizens’ comments on the proposed Fourth
Substantial Amendments to the Fiscal Year 2020-2021 Annual Action Plan for the
Community Development Block Grant Coronavirus Relief Funds; and
2. Approve the Substantial Amendment to Fiscal Year 2020-2021 Annual Action Plan
for the Community Development Block Grant; and
3. Approve the Technical Correction and Adopt Resolution No. 2024-157; and
authorize the Director of Finance to amend the Fiscal Year 2024/25 Operating
Budget with an appropriation of $316,992.70 to both revenues and expenditures in
accordance with the Fourth Substantial Amendment to the 2020-2021 Annual
Action Plan; and
4. Authorize the City Manager or designee to take any further actions and execute
any further agreements or documents as necessary to effectuate the submittal of
the Proposed Substantial Amendments to Fiscal Year 2020-2021 Annual Action
Plan.
Executive Summary
City Staff is requesting that the City Council conduct a Public Hearing to provide the
public an opportunity to comment on the proposed Fourth Substantial Amendment to
Fiscal Year 2020-2021 (FY20-21) Annual Action Plan (AAP) for the Community
Development Block Grant Coronavirus Relief Funds (CDBG-CV) to reallocate
unexpended funds to CDBG-CV Planning and Administration as well the Encanto
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Community Center.
Background
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act of 2020
(CARES Act) was signed into law. Under the CARES Act, the Department of Housing
and Urban Development (HUD) allocated $2,003,529 in Community Development
Block Grant-Coronavirus (CDBG-CV1) funds to the City of San Bernardino to fund
activities that prevent, prepare, and respond to the Coronavirus pandemic.
On April 19, 2020, the City allocated the CDBG-CV1 funds as follows:
On September 11, 2020, HUD announced the City would receive a third round of funds
totaling $1,702,135 in CDBG-CV (CDBG-CV3) funds. CDBG CV1 and CV3 funds must
be used to prevent, prepare for, and/or respond to the Coronavirus (COVID-19)
pandemic.
On June 2, 2021, the City allocated the CDBG-CV3 funds as follows:
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On August 16, 2023, the City Council approved the third Substantial Amendment to
FY20-21 AAP that allocated unspent CDBG-CV1 and CV3 funds to provide emergency
shelter for approximately 200 homeless individuals and families, including supportive
social services, and to prevent the spread of Coronavirus among shelter occupants.
To utilize unspent CDBG-CV funds and to align with the Homeless Strategy, Housing
Staff is proposing a fourth Substantial Amendment to the FY20-21 AAP.
Discussion
This fourth Substantial Amendment for the 2020-2021 AAP aims to reallocate funds
toward Planning and Administration and the Encanto Community Center Project.
Additionally, this amendment will delete CDBG-CV3 Lytle Creek Community Center.
The breakdown of reallocated funds can be seen below:
Project Name CDBG-CV1
Balance
CDBG-CV3
Balance
Amount To be
Reprogrammed
CV1-Modifications to
Public Facilities $316,992.70 $ -$ (316,992.70)
CV3-Automatic Doors at
Community Centers $ $451,073.46
-$ (451,073.46)
CV3-5th Street Senior
Center Upgrades
$ $34,405.76
-$ (34,405.76)
TOTAL $ (802,471.92)
Planning and
Administration $ 287,179.22
Encanto Community
Center $ 515,292.70
TOTAL $ 802,471.92
A technical correction is needed to appropriate the $316,992.70 unexpended CDBG-
CV 1 balances not carried over to the FY2022/23 operating budget. The $485,479.22
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will be reappropriated to the FY2024-25 budget. This ensures it is reflected in the
FY2024-25 Operating Budget.
Reallocating the CDBG-CV funds allows the City to expend the funds while still
adhering to HUD regulations of preventing, preparing, or responding to the COVID-19
pandemic. The management of such projects requires staff to follow various HUD
guidelines that ensure the safety and effectiveness of City residents who are affected
by the multiple projects that take place. Also, the Encanto Community Center already
provides access to City residents, but the quality of visits will be enhanced by
redesigning and installing various safety measures that assist with social distancing
and COVID-19 spread.
2021-2025 Strategic Target and Goals
The Proposed Action Plans will meet Key Target No.3 Improved Quality of Life by
providing rehabilitation services to public facilities for the City’s residents.
Fiscal Impact
There is no General Fund impact to the City should the Mayor and City Council adopt
this item; however the grant funds will be reallocated as outlined in the report.
Conclusion
It is recommended that the Mayor and City Council of The City of San Bernardino,
California:
1. Conduct a public hearing to obtain citizens’ comments on the proposed Fourth
Substantial Amendments to the Fiscal Year 2020-2021 Annual Action Plan for the
Community Development Block Grant Coronavirus Relief Funds; and
2. Approve the Substantial Amendment to Fiscal Year 2020-2021 Annual Action Plan
for the Community Development Block Grant; and
3. Approve the Technical Correction and Adopt Resolution No. 2024-157 and
authorize the Director of Finance to amend the Fiscal Year 2024/25 Operating
Budget with an appropriation of $316,992.70 to both revenues and expenditures in
accordance with the Fourth Substantial Amendment to the 2020-2021 Annual
Action Plan; and
4. Authorize the City Manager or designee to take any further actions and execute
any further agreements or documents as necessary to effectuate the submittal of
the Proposed Substantial Amendments to Fiscal Year 2020-2021 Annual Action
Plan.
Attachments
Attachment 1 - Consolidated Plan-Action Plan FY 2020-2021
Attachment 2 - 2020-2024 Fourth Substantial Amendment to the Annual
Action Plan
Attachment 3 - Resolution 2024-157 Substantial Amendment
Ward:
All Wards
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Synopsis of Previous Council Actions:
April 15, 2020 The City Council adopted the FY 2020-2025 Consolidated Plan,
which included the 2020-2021 Annual Action Plan
Sep. 16, 2020 On September 16, 2020, the City Council approved the City of San
Bernardino's (City) Substantial Amendment to the FY 2020-21 AP.
This Substantial Amendment included approval of CDBG-CV1 funds.
March 17, 2021 On March 17, 2021, the City Council approved the City of San
Bernardino’s (City) Second Substantial Amendment to the FY 2020-
21 AAP. This Substantial Amendment included approval of CDBG-
CV3 funds
Aug 16, 2023 On August 16, 2023, the City Council approved the City of San
Bernardino’s (City) Third Substantial Amendment to the FY 2020-21
AAP. This Substantial Amendment included the reallocation of
unspent CDBG-CV1 and CV3 funds to be used towards emergency
shelter opportunities, supportive social services and ultimately
preventing the spread of Coronavirus among shelter occupants.
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Resolution No. 2024-157
Resolution 2024-157
July 17, 2024
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RESOLUTION NO. 2024-157
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
BUDGET TRANSFER FOR 2023-2024 FISCAL YEAR IN
ACCORDANCE WITH THE FOURTH SUBSTANTIAL
AMENDMENT TO THE 2020-2021 ANNUAL ACTION
PLAN.
WHEREAS, the US Department of Housing and Urban Development (HUD) enacted the
CDBG program in 1974 under the Housing and Community Development Act; and
WHEREAS, the Community Development Block Grant (CDBG) hopes to create a
transformative impact in communities and improve the lives of all residents, especially those with
low and moderate-income levels; and
WHEREAS, on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act
of 2020 (CARES Act) was signed into law.
WHEREAS, under the CARES Act, the Department of Housing and Urban Development
(HUD) allocated $2,003,529 in Community Development Block Grant (CDBG-CV1) to the City
of San Bernardino.
WHEREAS, funds under CDBG-CV1 were allocated to an eviction prevention program
for $1,060,000, Parks and Recreation programs for $206,000, and public facility modifications for
$336,823.
WHEREAS, the unexpended CDBG-CV1 grant balance of $316,992.70 needs to be
amended to the City’s operating expenditure and revenue budget for FY2024/2025.
WHEREAS, on September 11, 2020, HUD announced the City of San Bernardino would
receive a third round of funding under the CARES Act totaling $1,702,135 in CDBG-CV3 funds.
WHEREAS, funds under CDBG-CV3 were allocated to administrative costs for $340,427,
the Fifth Street Senior Center for $175,000, building improvement for Encanto Community Center
for $371,700, and overall rehabilitation for libraries and community centers in the City for
$815,008.
WHEREAS, upon approval of the Substantial Amendment to the FY 2020-2021 Annual
Action Plan, the Director of Finance & Management Services will authorize to amend the Fiscal
Year 2024-2045 Operating Budget with an appropriation of $316,992.70 from CDBG-CV1 and
$485,479.22 from CDBG-CV3 for a total amount of $802,471.92 to Planning and Administration
in the amount of $287,179.22 and to Encanto Community Center for $515,292.70 in both revenues
and expenditures in grant funds.
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Resolution No. 2024-157
Resolution 2024-157
July 17, 2024
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BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Director of Finance & Management Services will transfer a total of
$287,179.22 to CDBG-CV1 Administration from CDBG-CV3 Public Facilities.
SECTION 3. the Director of Finance & Management Services will transfer $515,292.70
to Encanto Community Center from CDBG-CV1 and CDBG-CV3.
SECTION 4. Authorize the City Manager, the Director of Community Development and
Housing, or the designee to take any further actions and execute any further agreements or
documents as necessary to effectuate the submittal of the Substantial Amendments to FY 2020-
2021 Annual Action Plan.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July 2024.
Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2024-157
Resolution 2024-157
July 17, 2024
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
____
Sonia Carvalho, City Attorney
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Resolution No. 2024-157
Resolution 2024-157
July 17, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-157, adopted at a regular meeting held on the 17th day of July 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:July 17, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
C. Jeannie Fortune, Interim Director of Finance & Management
Services
Department:Finance & Management Services
Subject:Public Hearing on Fiscal Year 2024-25 Assessment
Levies for Previously Formed Assessment Districts (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California hold public hearings and:
1. Adopt Resolution No. 2024-164 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year
2024-25;
2. Adopt Resolution No. 2024-165 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
2024-25;
3. Adopt Resolution No. 2024-166 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 2024-25;
4. Adopt Resolution No. 2024-167 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
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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 2024-25; and
5. Adopt Resolution No. 2024-168 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 2024-25.
Executive Summary
The assessment of an annual fee upon properties within each assessment district
provides the revenue to offset the cost of maintenance of the public improvements
within each assessment district. The amount of the assessments which are proposed
to be levied on all parcels of assessable land within each assessment district has been
determined pursuant the methodology in each engineer’s report and is based on
special benefit conferred upon each such parcel from the payment of the cost of the
maintenance, servicing and operation of the public improvements.
Background
On May 15, 2024 the Mayor and City Council adopted resolutions declaring intention
to levy and collect assessments on assessable lots and parcels of property within each
of the assessment districts previously established by the City of San Bernardino for
Fiscal Year 2024-25 pursuant to engineer’s reports prepared by Spicer Consulting
Group, LLC, the Engineer of Record, and called a public hearing on the proposed
assessments to be levied on assessable lots and parcels within each assessment
district for July 17, 2024. The notice of said hearing was duly published as required by
law.
Discussion
On July 17, 2024, the Mayor and City Council will conduct public hearings on the
assessments proposed to be levied and collected from the owners of property within
each assessment district for fiscal year 2024-25 to pay the costs of the maintenance,
servicing and operating of public landscaping, landscaping and lighting, sewer lift
stations, landscaping and sewer lift stations, and landscaping, detention basin and
storm drains and appurtenant facilities.
The assessment of an annual fee upon properties within each assessment district
provides the revenue to offset the cost of maintenance of the public improvements
within each assessment district. The amount of the assessments which are proposed
to be levied on all parcels of assessable land within each assessment district has been
determined pursuant the methodology in each engineer’s report and is based on
special benefit conferred upon each such parcel from the payment of the cost of the
maintenance, servicing and operation of the public improvements.
At its July 17, 2024, meeting the Mayor and City Council will consider adoption of
resolutions confirming the diagram and assessments within the various assessment
districts.
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2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved Operational & Financial
Capacity and Key Target No. 3d: Improve the City’s appearance, cleanliness and
attractiveness. This project will contribute to ensure that the City is clean and attractive
and provide infrastructure designed for long term economic growth.
Fiscal Impact
There is no fiscal impact to the City. The assessments on properties within the various
assessment districts provide revenues to offset the costs of maintenance and public
improvements that serve the development project.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California hold public hearings and:
1. Adopt Resolution No. 2024-164 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2024-
25;
2. Adopt Resolution No. 2024-165 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
2024-25;
3. Adopt Resolution No. 2024-166 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 2024-25;
4. Adopt Resolution No. 2024-167 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 2024-25; and
5. Adopt Resolution No. 2024-168 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 2024-25.
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Attachments
Attachment 1 - Resolution 2024-164 - Diagram and Assessments 1022
and Zones 1, 2, and 3
Attachment 2 - Resolution 2024-165 - Diagram and Assessments 1017,
1019, 1020,1023, and 1024
Attachment 3 - Resolution 2024-166 - Diagram and Assessments 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
Attachment 4 - Resolution 2204-167 - Diagram and Assessments 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
Attachment 5 - Resolution 2024-168 - Diagram and Assessments 1025
and 1027
*To access attachments 6-10, please use the following link:
https://www.dropbox.com/scl/fo/9i3p5fp714lmt0ctslx0y/AAny6-IZGG-
hfQKLzbab28M?rlkey=xwcqw2s5z6harufwpi1goxk7u&st=6l72atz7&dl=0
Attachment 6 - 2024-25 Engineer's Report - Volume 1
Attachment 7 - 2024-25 Engineer's Report - Volume 2
Attachment 8 - 2024-25 Engineer's Report - Volume 3
Attachment 9 - 2024-25 Engineer's Report - Volume 4
Attachment 10 - 2024-25 Engineer's Report - Volume 5
Attachment 11 - Proof of Publication
Ward:
All Wards
Synopsis of Previous Council Actions:
05/1/2024 City Council adopted a Resolution Initiating Proceedings to Levy and
Collect Assessments for Fiscal Year 2024-25 in various assessment
districts pursuant to the California Constitution and the City Charter,
appointing the Engineer of Record and ordering preparation of engineer’s
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reports.
05/15/2024 City Council adopted resolutions declaring intention to levy and collect
assessments for Fiscal Year 2024-25 within various assessment districts
within the City of San Bernardino, approved engineer’s reports for each
assessment district and provided notice of the time and place of hearing
on proposed assessments in each assessment district.
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Resolution No. 2024-164
RESOLUTION NO. 2024-164
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICT NO. 1022 AND ZONES 1, 2 AND 3
THEREOF FOR FISCAL YEAR 2024-25
WHEREAS, on May 15, 2024, the City Council (the “City Council”) of the City of San
Bernardino, California (the “City”) adopted Resolution No. 2024-102, a resolution of intention
pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in
compliance with Article XIII D of the Constitution of the State of California (the “Assessment
Law”), which, among other things, scheduled a public hearing on the levy and collection of
assessments on the lots and parcels of assessable property within Assessment District No. 1022
and Zones 1, 2 and 3 thereof, of the City of San Bernardino (the “Assessment District”) for Fiscal
Year 2024-25 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 17, 2024, in the Bing
Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San
Bernardino, California; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law
and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of
intention, the City Council held the hearing and afforded all interested persons an opportunity to
be heard, and considered all oral statements and all written protests or communications made or
filed by any interested persons, and at the conclusion of said hearing determined that a majority
protest, to wit: written protests filed and not withdrawn by property owners owning more than 50
percent of the area of assessable land within the Assessment District, had not been received; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) the above recitals are true and correct and are incorporated herein by this reference;
(b) compliance has been had with all of the applicable requirements of the Assessment
Law;
(c) a majority protest to the levy and collection of the proposed assessment has not
been filed;
(d) the City Council may therefore proceed to confirm the assessment for the
Assessment District for Fiscal Year 2024-25, and order the levy and collection of the assessment;
and
(e) the assessments proposed to be levied on the lots and parcels of assessable property
within the Assessment District for the maintenance, servicing and operation of landscaping and
lighting and appurtenant facilities during Fiscal Year 2024-25, as contained in the report of Spicer
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Resolution No. 2024-164
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Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant to the
methodology in the engineer’s report based on special benefit conferred upon each such parcel
from the payment of the cost of the maintenance, servicing and operation of landscaping and
lighting and appurtenant facilities.
SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this
resolution constitutes the levy of the assessment for the maintenance, servicing and operation of
landscaping and lighting and appurtenant facilities within the Assessment District during Fiscal
Year 2024-25, as contained in the Report, and such assessment is hereby levied. The City Clerk is
directed to file a certified copy of this resolution together with the assessment contained in the
Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment
Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount
assessed thereupon, as shown in said assessment.
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
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Resolution No. 2024-164
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-164, adopted at a regular meeting held on the 17th day of July, 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
CALVIN _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of July,
2024.
__________________________________
Genoveva Rocha, CMC, City Clerk
Packet Page. 207
Resolution No. 2024-165
RESOLUTION NO. 2024-165
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 1017, 1019, 1020, 1023 AND
1024 FOR FISCAL YEAR 2024-25
WHEREAS, on May 15, 2024, the City Council (the “City Council”) of the City of San
Bernardino, California (the “City”) adopted Resolution No. 2024-101, a resolution of intention
pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in
compliance with Article XIII D of the Constitution of the State of California (the “Assessment
Law”), which, among other things, scheduled a public hearing on the levy and collection of
assessments on the lots and parcels of assessable property within Assessment Districts Nos. 1017,
1019, 1020, 1023 and 1024 of the City of San Bernardino (collectively, the “Assessment Districts”)
for Fiscal Year 2024-25 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 17, 2024,
in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street,
San Bernardino, California; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law
and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of
intention, the City Council held the hearing and afforded all interested persons an opportunity to
be heard, and considered all oral statements and all written protests or communications made or
filed by any interested persons, and at the conclusion of said hearing determined that a majority
protest, to wit: written protests filed and not withdrawn by property owners owning more than 50
percent of the area of assessable land within the Assessment Districts, had not been received; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) the above recitals are true and correct and are incorporated herein by this reference;
(b) compliance has been had with all of the applicable requirements of the Assessment
Law;
(c) a majority protest to the levy and collection of the proposed assessment has not
been filed;
(d) the City Council may therefore proceed to confirm the assessment for the
Assessment Districts for Fiscal Year 2024-25, and order the levy and collection of the assessment;
and
(e) the assessments proposed to be levied on the lots and parcels of assessable property
within the Assessment Districts for the maintenance, servicing and operation of public landscaping
and appurtenant facilities and sewer lift stations and appurtenant facilities during Fiscal Year 2024-
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25, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the
“Report”) for each of the Assessment Districts, are determined pursuant the methodology in the
engineer’s report based on special benefit conferred upon each such parcel.
SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this
resolution constitutes the levy of the assessment for the maintenance, servicing and operation of
public landscaping and appurtenant facilities and sewer lift stations and appurtenant facilities
within the Assessment Districts during Fiscal Year 2024-25, as contained in the Report, and such
assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution
together with the assessment contained in the Report with the County Auditor of the County of
San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll
opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-165, adopted at a regular meeting held on the 17th day of July, 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
CALVIN _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of July,
2024.
__________________________________
Genoveva Rocha, CMC, City Clerk
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Resolution No. 2024-166
RESOLUTION NO. 2024-166
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS 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 2024-25
WHEREAS, on May 15, 2024, the City Council (the “City Council”) of the City of San
Bernardino, California (the “City”) adopted Resolution No. 2024-104, a resolution of intention
pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in
compliance with Article XIII D of the Constitution of the State of California (the “Assessment
Law”), which, among other things, scheduled a public hearing on the levy and collection of
assessments on the lots and parcels of assessable property within Assessment Districts 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 of the City of San Bernardino (collectively, the “Assessment Districts”)
for Fiscal Year 2024-25 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 17, 2024,
in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street,
San Bernardino, California; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law
and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of
intention, the City Council held the hearing and afforded all interested persons an opportunity to
be heard, and considered all oral statements and all written protests or communications made or
filed by any interested persons, and at the conclusion of said hearing determined that a majority
protest, to wit: written protests filed and not withdrawn by property owners owning more than 50
percent of the area of assessable land within the Assessment Districts, had not been received; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) the above recitals are true and correct and are incorporated herein by this reference;
(b) compliance has been had with all of the applicable requirements of the Assessment
Law;
(c) a majority protest to the levy and collection of the proposed assessment has not
been filed;
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(d) the City Council may therefore proceed to confirm the assessment for the
Assessment Districts for Fiscal Year 2024-25, and order the levy and collection of the assessment;
and
(e) the assessments proposed to be levied on the lots and parcels of assessable property
within the Assessment Districts for the maintenance, servicing and operation of public landscaping
and appurtenant facilities, the maintenance, servicing and operation of seven lift stations and
appurtenant facilities, and the maintenance, servicing and operation of detention basins and storm
drains and appurtenant facilities during Fiscal Year 2024-25, as contained in the report of Spicer
Consulting Group, LLC on file with the City Clerk (the “Report”) for each Assessment District,
are determined pursuant the methodology in the engineer’s report based on special benefit
conferred upon each such parcel.
SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this
resolution constitutes the levy of the assessment for the maintenance, servicing and operation of
public landscaping and appurtenant facilities, the maintenance, servicing and operation of seven
lift stations and appurtenant facilities, and the maintenance, servicing and operation of detention
basins and storm drains and appurtenant facilities within the Assessment Districts during Fiscal
Year 2024-25, as contained in the Report for each Assessment District, and such assessment is
hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the
assessment contained in the Report with the County Auditor of the County of San Bernardino,
who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each
lot or parcel of land the amount assessed thereupon, as shown in said assessment.
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-166, adopted at a regular meeting held on the 17th day of July, 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
CALVIN _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of July,
2024.
___________________________________
Genoveva Rocha, CMC, City Clerk
Packet Page. 214
Resolution No. 2024-167
RESOLUTION NO. 2024-167
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS 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 2024-25
WHEREAS, on May 15, 2024, the City Council (the “City Council”) of the City of San
Bernardino, California (the “City”) adopted Resolution No. 2024-100, a resolution of intention
pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in
compliance with Article XIII D of the Constitution of the State of California (the “Assessment
Law”), which, among other things, scheduled a public hearing on the levy and collection of
assessments on the lots and parcels of assessable property within Assessment Districts 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 of
the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2024-25
pursuant to the Assessment Law for 7:00 o’clock p.m. on July 17, 2024, in the Bing Wong
Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino,
California; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law
and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of
intention, the City Council held the hearing and afforded all interested persons an opportunity to
be heard, and considered all oral statements and all written protests or communications made or
filed by any interested persons, and at the conclusion of said hearing determined that a majority
protest, to wit: written protests filed and not withdrawn by property owners owning more than 50
percent of the area of assessable land within the Assessment Districts, had not been received; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) the above recitals are true and correct and are incorporated herein by this reference;
(b) compliance has been had with all of the applicable requirements of the Assessment
Law;
(c) a majority protest to the levy and collection of the proposed assessment has not
been filed;
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(d) the City Council may therefore proceed to confirm the assessment for the
Assessment Districts for Fiscal Year 2024-25, and order the levy and collection of the assessment;
(e) the assessments proposed to be levied on the lots and parcels of assessable property
within the Assessment Districts for the maintenance, servicing and operation of public landscaping
and appurtenant facilities for those designated Assessment Districts, landscaping and lighting for
those designated Assessment Districts and for maintenance, servicing and operation of sewer lift
stations and appurtenant facilities during Fiscal Year 2024-25, as contained in the report of Spicer
Consulting Group, LLC on file with the City Clerk (the “Report”) for each of the Assessment
Districts, are determined pursuant to the methodology in the engineer’s report based on special
benefit conferred upon each such parcel; and
(f) such assessments do not exceed the amounts of the assessments which were levied
for Fiscal Year 2023-24.
SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this
resolution constitutes the levy of the assessment for the maintenance, servicing and operation of
public landscaping and appurtenant facilities for those designated Assessment Districts,
landscaping and lighting for those designated Assessment Districts and for maintenance, servicing
and operation of sewer lift stations and appurtenant facilities within the Assessment Districts
during Fiscal Year 2024-25, as contained in the Report for each of the Assessment Districts, and
such assessment is hereby levied. The City Clerk is directed to file a certified copy of this
resolution together with the assessment contained in the Report with the County Auditor of the
County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County
Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in
said assessment.
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-167 adopted at a regular meeting held on the 17th day of July, 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
CALVIN _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of July,
2024.
___________________________________
Genoveva Rocha, CMC, City Clerk
Packet Page. 218
Resolution No. 2024-168
RESOLUTION NO. 2024-168
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 1025 AND 1027 FOR
FISCAL YEAR 2024-25
WHEREAS, on May 15, 2024, the City Council (the “City Council”) of the City of San
Bernardino, California (the “City”) adopted Resolution No. 2024-103, a resolution of intention
pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in
compliance with Article XIII D of the Constitution of the State of California (the “Assessment
Law”), which, among other things, scheduled a public hearing on the levy and collection of
assessments on the lots and parcels of assessable property within Assessment Districts Nos. 1025
and 1027 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year
2024-25 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 17, 2024, in the Bing Wong
Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino,
California; and
WHEREAS, notice of said hearing was duly published as required by the Assessment Law
and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of
intention, the City Council held the hearing and afforded all interested persons an opportunity to
be heard, and considered all oral statements and all written protests or communications made or
filed by any interested persons, and at the conclusion of said hearing determined that a majority
protest, to wit: written protests filed and not withdrawn by property owners owning more than 50
percent of the area of assessable land within the Assessment Districts, had not been received; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) the above recitals are true and correct and are incorporated herein by this reference;
(b) compliance has been had with all of the applicable requirements of the Assessment
Law;
(c) a majority protest to the levy and collection of the proposed assessment has not
been filed;
(d) the City Council may therefore proceed to confirm the assessment for the
Assessment Districts for Fiscal Year 2024-25, and order the levy and collection of the assessment;
and
(e) the assessments proposed to be levied on the lots and parcels of assessable property
within the Assessment Districts for the maintenance, servicing and operation of public landscaping
and appurtenant facilities during Fiscal Year 2024-25, as contained in the report of Spicer
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Consulting Group, LLC on file with the City Clerk (the “Report”) for each of the Assessment
Districts, are determined pursuant the methodology in the engineer’s report based on special
benefit conferred upon each such parcel.
SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this
resolution constitutes the levy of the assessment for the maintenance, servicing and operation of
public landscaping and appurtenant facilities within the Assessment Districts during Fiscal Year
2024-25 as contained in the Report for each of the Assessment Districts, and such assessment is
hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the
assessment contained in the Report with the County Auditor of the County of San Bernardino,
who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each
lot or parcel of land the amount assessed thereupon, as shown in said assessment.
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-168, adopted at a regular meeting held on the 17th day of July, 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
CALVIN _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of July,
2024.
___________________________________
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:July 17, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn C. Merrill, Director of Public Works
Department:Public Works
Subject:Public Hearing and Resolution Confirming
Assessments for Delinquent Solid Waste Collection
Service Charges on the Property Tax Roll for Fiscal
Year 2024-25 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2024-169, authorizing the Mayor and City Council of the
City of San Bernardino, California, to adopt the report proposing to have delinquent
solid waste collection service charges collected on the tax roll.
Executive Summary
On May 23, 2024, an administrative hearing was held pursuant to section 8.24.050 of
the Municipal Code to address delinquent account statuses. Under Government
Code sections 38790.1 and 25831, and Chapter 8.24 of the San Bernardino
Municipal Code, the City is authorized to place solid waste collection charges
delinquent for 60 days or more on the annual secured property tax roll. A resolution is
proposed to confirm the placement of liens on the delinquent accounts. Staff
recommends that the Mayor and City Council conduct a Public Hearing to consider
and adopt the resolution authorizing the filing of liens against these properties with
the County Assessor.
Background
On April 1, 2016, the City of San Bernardino contracted with Burrtec Waste Industries
(”Burrtec”) to provide solid waste collection services.
Government Code sections 38790.1 and 25831, and Chapter 8.24 of the San
Bernardino Municipal Code authorize the City to place solid waste collection charges
delinquent for 60 days or more on the annual secured property tax roll. Customers
who do not pay in full within 45 days after the date of billing are notified by Burrtec that
if the bill is not paid within 15 days of the notice, the delinquent charges will accrue a
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10% penalty and 1.5% monthly interest and may be placed on the County property tax
rolls.
Discussion
On May 23, 2024, pursuant to section 8.24.050 of the Municipal Code, an
administrative hearing was held to hear protests and resolve any issues or concerns
involving customers delinquent account status, prior to this public hearing before the
Mayor and City Council. Each affected property owner and tenant were notified of the
administrative hearing and public hearing. Four individuals submitted public comments
by email. Three individuals spoke with Burrtec representatives to address delinquent
billings. Zero individuals personally appeared before the hearing officer.
In an effort to provide property owners and tenants with timely answers to commonly
asked questions this year, staff included a Frequently Asked Questions insert along
with the Notice of Administrative Hearing and Public Hearing. The insert included
information regarding the administrative hearing, the public hearing, the delinquent
charges, how to make payment, and the deadline for payment.
Over the course of the last two months, since the Notice of Administrative Hearing and
Public Hearing was mailed to the affected customers, a number of customers have
either made payment arrangements or paid their delinquencies in full. Those
customers have been removed from the list of properties to be assessed. On April 1,
2024, the delinquency list consisted of 5,338 parcels with a total delinquency amount
of $1,246,795.94. On May 23, 2024, the delinquency list consisted of 3,536 parcels
with a total delinquency of $886,731.10. On June 3, 2024, the delinquency list
consisted of 2,641 parcels with a total delinquency amount of $808,523.73. On July
10, 2024, the delinquency list consisted of 2,313 parcels with a total delinquency
amount of $733,589.83. We anticipate the list will continue to decrease due to
payments, up until the time of submission to the County in August 2024.
A resolution has been prepared confirming the placement of liens on approximately
2,313 accounts and authorizing the subsequent assessment for all fees and charges,
should they remain unpaid at the time of submission to the County Assessor. Staff
recommends that, as authorized by the San Bernardino Municipal Code, the Mayor
and City Council conduct a Public Hearing to consider the placement of liens against
the delinquent properties identified in Exhibit A and adopt a resolution authorizing the
filing of liens against certain properties for delinquent solid waste accounts with the
San Bernardino County Auditor-Controller/Treasurer/Tax Collector. Exhibit A identifies
delinquent properties identified as of July 10, 2024
2021-2025 Strategic Targets and Goals
Confirming assessments and proceedings for unpaid solid waste collection services is
consistent with Key Target No. 1b: Continue to seek opportunities to secure long-term
revenue sources as the collection of unpaid delinquent solid waste collection charges
enables the waste hauler to continue providing mandatory waste removal services
throughout the City.
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Fiscal Impact
There is no fiscal impact to the City. As of July 10, 2024, the total of delinquent solid
waste charges proposed to be collected on the property was $733,589.83. The
proposed placement of assessments on the listed properties ensures that the City of
San Bernardino and Burrtec are able to recover the amounts owed for services
provided to the customers.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-169, authorizing the Mayor and City Council of
the City of San Bernardino, California, to adopt the report proposing to have
delinquent solid waste collection service charges collected on the tax roll.
Attachments
Attachment 1 Resolution No. 2024-169
Attachment 2 Exhibit A to Resolution No. 2024-169-Delinquent Properties
Parcel List as of July 10, 2024
Attachment 3 Proof of Mailing - Notice of Administrative Hearing and Public
Hearing & Frequently Asked Questions
Attachment 4 Notice of Administrative Hearing and Public Hearing
Attachment 5 Frequently Asked Questions
Attachment 6 Notice of Delinquency
Attachment 7 Sample Invoice
Attachment 8 San Bernardino Municipal Code Section 8.24.040
Attachment 9 San Bernardino Municipal Code Section 8.24.050
Attachment 10 Administrative Hearing Decision and Order and Report
Ward:
All Wards
Synopsis of Previous Council Actions:
March 06, 2017 The Public Hearing was opened and continued to the Mayor and
City Council meeting of March 20, 2017.
March 20, 2017 Resolution No. 2017-50 was approved authorizing the Placement of
Liens for Solid Waste Accounts delinquent as of the Second Quarter 2016, Third
Quarter 2016, October 2016, and November 2016.
May 15, 2017 Resolution No. 2017-87 was approved authorizing the Placement of
Liens for Solid Waste Accounts delinquent as of December 2016 and January 2017.
July 18, 2018 Resolution No. 2018-213 was approved authorizing the Placement
of Liens for Solid Waste Accounts delinquent as of February 2017 through January
2018.
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July 17, 2019 Resolution No. 2019-181 was approved authorizing the Placement
of Liens for Solid Waste Accounts delinquent as of February 2017 through January
2019.
July 1, 2020 Resolution No. 2020-151 was approved authorizing the Placement
of Liens for Solid Waste Accounts delinquent as of February 2019 through January
2020.
June 16, 2021 Resolution No. 2021-137 was approved authorizing the Placement
of Liens for Solid Waste Accounts delinquent as of February 2018 through January
2021.
June 15, 2022 Resolution No. 2022-111 was approved authorizing the Placement of
Liens for Solid Waste Accounts delinquent as of February 2019 through January
2022.
June 21, 2023 Resolution No. 2023-083 was approved authorizing the Placement
of Liens for Solid Waste Accounts delinquent as of February 2020 through January
2023.
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Resolution No. 2024-169
Resolution 2024-169
July 17, 2024
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RESOLUTION NO. 2024-169
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING THE REPORT PROPOSING TO HAVE
DELINQUENT SOLID WASTE COLLECTION SERVICE
CHARGES COLLECTED ON THE TAX ROLL
WHEREAS, to protect the health, safety, and welfare of the residents of the City of San
Bernardino (“City”), and pursuant to San Bernardino Municipal Code (“SBMC”) section
8.24.040(B) every occupied premises in the City is required to have solid waste collection service;
and,
WHEREAS, on January 25, 2016, the Mayor and City Council approved, by Resolution
2016-10, a ten-year agreement (“Franchise Agreement”) with Burrtec Waste Industries, Inc.
(“Franchised Hauler”) to provide solid waste collection services to the City; and,
WHEREAS, pursuant to section 21.11.1 of the Franchise Agreement, the Franchised
Hauler may not discontinue service for residential premises for nonpayment; and,
WHEREAS, pursuant to SBMC section 8.24.050, and provisions of state law including
Government Code sections 38790.1 and 25831, the Franchised Hauler may assign accounts
delinquent greater than sixty (60) days to the City to be placed on the annual secured property tax
rolls and that any amounts owing would then become a lien on the property; and,
WHEREAS, pursuant to SBMC section 8.24.050(B)(1) the Franchised Hauler sent notices
to property owners and occupants with delinquent accounts informing the property owners and
occupants of the delinquent amount and that failure to pay that amount within fifteen (15) days of
the notice could result in a special assessment and lien upon the property as well as a ten percent
(10%) penalty and one and one-half percent (1.5%) monthly interest charge; and,
WHEREAS, pursuant to SBMC section 8.24.050(C) the Franchised Hauler assigned the
delinquent accounts to the City; and,
WHEREAS, pursuant to SBMC section 8.24.050(D) the City Manager, through the
Director of Public Works, prepared a report of delinquency and initiated proceedings to create a
special assessment and lien on the properties with delinquent solid waste accounts; and,
WHEREAS, pursuant to SBMC section 8.24.050(E) the City Manager, through the
Director of Public Works, sent notices to the owners and occupants of properties with delinquent
accounts giving at least ten (10) days’ notice that an administrative hearing had been set before the
Hearing Officer for May 23, 2024 at 1:00 p.m. in the Board Room at 201 N. “E” Street, Third
Floor, San Bernardino, California and that a public hearing had been set before the Mayor and City
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Resolution No. 2024-169
Resolution 2024-169
July 17, 2024
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Council for July 17, 2024 at 5:00 p.m. in the Feldheym Central Library at 555 W. 6th Street, San
Bernardino, California; and,
WHEREAS, pursuant to SBMC section 8.24.050(F) the Hearing Officer for the City of
San Bernardino, at the aforementioned date, time, and place, held an administrative hearing; and,
WHEREAS, during the aforementioned administrative hearing, all appeals, protests, or
objections, if any, were duly presented and the Hearing Officer gave all persons noticed and
present desiring to be heard, an opportunity to be heard in respect to any matter relating to said
assessments, to the corrections of said assessments, or to any matter relating to said assessments
or the proceedings therefore; and,
WHEREAS, pursuant to SBMC section 8.24.050(G) the Mayor and City Council for the
City of San Bernardino, at the aforementioned date, time, and place, held a public hearing; and,
WHEREAS, during the aforementioned public hearing, all appeals, protests, or objections,
if any, were duly presented and the Mayor and City Council gave all persons noticed and present
desiring to be heard, an opportunity to be heard in respect to any matter relating to said
assessments, to the corrections
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. That said administrative and public hearings have been duly held; that each
and every step in the proceedings prior to and including the public hearing has been properly and
regularly taken; that this Mayor and City Council are satisfied with the correctness of the
assessments; the proceedings and all matters relating thereto; and that all protests, objections, or
appeals are hereby overruled and denied; and the Mayor and City Council do hereby confirm said
proceedings and said assessments in the report in Exhibit A attached hereto and made a part hereof.
SECTION 3.The Mayor and City Council hereby elects to collect the delinquent solid
waste collection service charges in Exhibit A, on the property tax roll, in the same manner, by the
same persons, and at the same time as, together with and not separately from, its general taxes.
The solid waste collection service charges shall be assessed against the benefitting property and
shall be assessed as a lien on the property benefited thereby.
SECTION 4.Pursuant to the authority set forth in Government Code sections 38790.1
and 25831, and Chapter 8.24 of the San Bernardino Municipal Code, on or before August 10, 2024,
the City Manager or his designee shall file with the Auditor-Controller/Treasurer/Tax Collector
for the County of San Bernardino a copy of the certified Resolution and the report adopted by the
City Council. Once such action is taken, the amount of the delinquent charges shall constitute a
lien against the lot or parcel of land against which the delinquent charges have been imposed, and
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Resolution No. 2024-169
Resolution 2024-169
July 17, 2024
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the tax collector shall include the amount of the delinquent charges on bills for taxes levied against
the respective lots and parcels of land.
SECTION 5.That the prorated first year interest at 1.5% per month and a penalty of 10%
of lien unpaid balance will be added to the delinquent amounts and assessed against the benefitting
properties.
SECTION 6.That additional interest shall be charged by the County of San Bernardino
if the balance remains unpaid for more than one year.
SECTION 7.That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 8.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 9. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-169
Resolution 2024-169
July 17, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-169 adopted at a regular meeting held on the 17th day of July 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 17th day of July 2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:July 17, 2024
To:Honorable Mayor and City Council Members
From:Genoveva Rocha, 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. February 21, 2024, Draft Regular and Special Meeting Minutes
2. March 20, 2024, Draft Regular Meeting Minutes
3. April 17, 2024, Draft Regular Meeting Minutes
4. June 5, 2024, Draft Regular Meeting Minutes
Packet Page. 315
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
FOR THE
SPECIAL AND REGULAR MEETINGS 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, FEBRUARY 21, 2024
5:00 PM
The Special 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, February 21, 2024, at
Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, 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
Helen Tran Mayor Present
Charles Montoya City Manager Present
Sonia Carvalho City Attorney Present
Telicia Lopez Chief Deputy City Clerk Present
Courtney Bowen Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Packet Page. 316
Special & Regular Meeting Minutes February 21, 2024
Mayor and City Council of the City of San Bernardino Page 2
5:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Joshua Beckley of Ecclesia Christian Fellowship led the invocation and Nicholas
Wagenseller from Cypress Elementary School led the Pledge of Allegiance to the Flag.
PRESENTATIONS
1.Proclamation of Black History Month in the City of San Bernardino –
February 2024 (All Wards)
Mayor Tran and the City Council presented the proclamation to Tammy Martin-Ryles and
other members of the Black Chamber of Commerce Inland Empire.
2.Presentation of New San Bernardino County Fire District Assistant Fire
Chief Gary Jager (All Wards)
San Bernardino County Fire Deputy Chief of Operations Martin Serna introduced the new
Assistant Fire Chief, Gary Jager.
PUBLIC COMMENT FOR ITEMS ON THE SPECIAL MEETING AGENDA ONLY
David Friedman spoke in favor of Item 21: Downtown San Bernardino Property Based
Improvement District (PBID) Feasibility Study and Formation Process.
Treasure Ortiz spoke in opposition to Item 21.
Junior Carrillo thanked Fire Chief Serna for his leadership, and stated he looks forward
to working with Assistant Chief Jager as part of the Public Safety Commission.
CITY MANAGER UPDATE
Jeff Kraus, Public Information Officer provided city wide updates, including Lunar New
Year events, pothole repairs, and the Homeless Point in Time Count.
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 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
3.Amendment No. 1 to the Master Agreement with the Fair Political
Practices Commission for Campaign Law Enforcement
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve Amendment No. 1 to the Master Agreement with the Fair
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Special & Regular Meeting Minutes February 21, 2024
Mayor and City Council of the City of San Bernardino Page 3
Political Practices Commission (FPPC) for campaign enforcement and extend the
term of the agreement term through June 30, 2025.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
4.Quitclaim Deed with Arrowhead Credit Union Regarding APN 0136-171-44
(Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, acting as the Successor Agency to the Redevelopment Agency for the
City of San Bernardino, authorize the City Manager to execute a Quitclaim Deed
with Arrowhead Credit Union, terminating the City’s interest in the Real Property
located at 580 W Mill Street, also known as APN: 0136-171-44, in the City of San
Bernardino, California.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
5.Imposing Liens on Certain Real Property to Recover Costs for Code
Enforcement Abatements
Recommendation:
Adopt Resolution No. 2024-031 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain real property located within the
City of San Bernardino for the cost of public nuisance abatements.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
6.Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2019-1 (Maintenance Services): Annexation No. 37, Tax Zone No. 38 (Mill
Street) (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California,
adopt Resolution No. 2024-030 of the Mayor and City Council of San Bernardino,
California, declaring its intention to annex territory into Community Facilities District
No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map
of the area to be proposed (Annexation No. 37) and authorizing the levy of a special
taxes therein.
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Special & Regular Meeting Minutes February 21, 2024
Mayor and City Council of the City of San Bernardino Page 4
RESULT: ADOPTED RESOLUTION NO. 2024-030 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
7.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 January 2024.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
8.Approving Job Classifications and Amending the City-wide Salary Schedule
Recommendation:
It is recommended that the Mayor and City Council adopt Resolution No. 2024-032
of the Mayor and City Council of the City of San Bernardino, California:
1.Establishing the Auditor I job classification;
2.Establishing the Auditor II job classification;
3.Establishing the Deputy Director of Economic Development (U) job
classification;
4.Establishing the Economic Development Manager job classification;
5.Authorizing the City Manager or their designee to add three (3) FTE for
Fiscal Year 2023/24;
6.Amending the City-Wide Salary Schedule for full time, part-time,
temporary, and seasonal positions
RESULT: ADOPTED RESOLUTION NO. 2024-032 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
9.Establish a Revised Auto Allowance for Eligible City Employees (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-034, approving a revised auto allowance for
eligible City employees and repealing Resolution No. 2018-171.
RESULT: ADOPTED RESOLUTION NO. 2024-034 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
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Special & Regular Meeting Minutes February 21, 2024
Mayor and City Council of the City of San Bernardino Page 5
Human Resources & Risk Management Department Staffing
Recommendation:
Adopt Resolution No. 2024-033 of the Mayor and City Council of the City of San
Bernardino, California, approving the addition of the following positions to support
the employee relations functions of the Human Resources & Risk Management
Department:
1.One (1) Supervising Human Resources Analyst
2.One (1) Human Resources Analyst II
RESULT: ADOPTED RESOLUTION NO. 2024-033 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
10.Request for Purchase Authorization for Backup Storage Replacement (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California
1.Authorize the City Manager to execute a Professional Software Services
Agreement with Sidepath, Inc. for purchasing backup hardware, as approved
for funding through the FY 2023/24 Operating Budget
2.Authorize the Director of Finance to issue a purchase order in the amount not
to exceed $151,000.00 to Sidepath, Inc.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
11.Request for Purchase Authorization for Data Center Replacement (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Authorize the City Manager to execute a Professional Software Purchase
Agreement with Sidepath Inc. for purchasing data center hardware and
service, as approved for funding through the FY 2023/24 Operating Budget;
2.Authorize the Director of Finance to issue a purchase order in the amount not
to exceed $466,000.00 to Sidepath, Inc. for hardware and support including
a purchase order in the amount not to exceed $49,000.00 to Dell for Microsoft
licensing.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
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Special & Regular Meeting Minutes February 21, 2024
Mayor and City Council of the City of San Bernardino Page 6
Request for Purchase Authorization for Network Refresh (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Authorize the City Manager to execute a Goods Purchase Agreement with
Sehi Computer Products, Inc. for purchasing network hardware using the
NASPO contract, as approved for funding through the FY 2023/24 Operating
Budget:
2.Authorize the Director of Finance to issue a purchase order in the amount not
to exceed $640,000 to Sehi Computer Products, Inc.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
12. CALNET Contract for Verizon and ATT (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt the CALNET contract with ATT and Verizon authorizing:
1.The City Manager or designee to execute the ATT CALNET contracts.
The ATT CALNET contract is estimated to be $1,000.00 per year.
2.The City Manager or designee to execute the Verizon CALNET contracts.
The Verizon CALNET contract is estimated to be $16,178.40 per year.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
13.Request for Purchase Authorization for VOIP phone system for Animal
Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1.Authorize the City Manager to execute a Vendor Service Agreement with
Intelesys for purchasing VOIP (voice over internet protocol) services using
the TIPS agreement, as approved for funding through the FY 2023/24
Operating Budget:
2.Authorize the Director of Finance to issue purchase orders in the amount not
to exceed $25,000 for the first year. The billing will be $4,217.17 to GoTo for
phone hardware, $17,130.84 to GoTo for the first year of phone service, and
$3,000 to Intelesys for installation.
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Mayor and City Council of the City of San Bernardino Page 7
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
14.Agreement with Cal Stripe, Inc., for Street Striping and Pavement Marking
Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Authorize the City Manager to execute a Maintenance Services Agreement
with Cal Stripe Inc., for street striping and pavement marking services; and
2.Authorize the Agency Director of Finance and Management Services to
issue a purchase order in the amount of $420,000.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
15.Approval of Agreement for Construction Management and Inspection
Services for the Nicholson Park Improvements (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Approve the award of an Agreement with Z&K Consultants in the amount of
$471,876 for Nicholson Neighborhood Park Improvements (Project); and
2.Authorize the project contingencies in the total amount of $47,187 for
construction of the Project; and
3.Authorize the City Manager or designee to execute all documents
with Z&K Consultants; and
4.Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
16.Approval of Design Services Agreement for the Roosevelt Bowl
Rehabilitation Improvements (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve the award of a Design Services Agreement with Dunbar
Architecture in the amount of $394,320 for Roosevelt Bowls Rehabilitation
Improvements (Project); and
2. Authorize the project design cost and contingency cost for unforeseen
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conditions costs for a potential agreement in the total amount of $39,432.
3. Authorize the City Manager or designee to execute all documents with
Dunbar Architecture; and
4. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
17.Purchase of Avant (Mini-Loader) from Volvo Construction Equipment and
Services for Encampment Clean-Up Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Authorize the City Manager to execute the purchase of the Avant Compact
Wheel Loader (mini loader) and related equipment attachments, as approved
for funding through the FY 2023/24 Operating Budget;
2.Authorize the Director of Finance to issue a purchase order in the
amount of $170,000 to Volvo Construction Equipment and Services for the
purchase of the Avant Compact Wheel Loader and related attachments.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
18.Revisit Tow / Tow Yard Contracts and Parameters for Enforcement (All
Wards) – Council Member Reynoso
19.Downtown San Bernardino Property Based Improvement District (PBID)
Feasibility Study and Formation Process (Ward 1) – City Manager
City Manager Charles Montoya advised that these items would be moved forward to a
future meeting, due to needing more work from staff. City Attorney Sonia Carvalho further
advised that these items should not be discussed due to current litigation.
RESULT: ITEMS NO. 20 AND NO. 21 WILL BE CONSIDERED AT A FUTURE
MAYOR AND CITY COUNCIL MEETING. NO VOTE WAS TAKEN ON
THESE ITEMS.
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SPECIAL MEETING ADJOURNMENT
The Special Meeting of the Mayor and City Council was adjourned on Wednesday,
February 21, 2024, at 5:54 p.m. The Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to
the Regular Meeting on February 21, 2024, at the Feldheym Central Library located at
555 West 6th Street, San Bernardino, California 92401. The Regular Meeting will begin
at 7:00 p.m.
REGULAR MEETING
WEDNESDAY, FEBRUARY 21, 2024
7:00 PM
The Regular Meeting was called to order at 7:05 PM by Mayor Helen Tran on Wednesday,
February 21, 2024, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, 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
Helen Tran Mayor Present
Charles Montoya City Manager Present
Sonia Carvalho City Attorney Present
Telicia Lopez Chief Deputy City Clerk Present
Courtney Bowen Deputy City Clerk Present
7:00 P.M.
After the meeting was called to order, City Attorney Sonia Carvalho made an
announcement regarding the rules of decorum and guidelines for Public Meetings
according to the Brown Act. She advised that every meeting shall allow the public to speak
about items that the City has jurisdiction over. She reminded the public to refrain from
comments that are “campaign related”.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE REGULAR
MEETING AGENDA
Dolores Armstead spoke in opposition to Item No. 12. She also expressed concern for
the City Hall redevelopment project bond and Item No. 4, Ordinance No. MC-1626 relating
to the time and location of regular meetings.
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Junior Carrillo spoke in favor of Item No. 4.
Treasure Ortiz commented in opposition to Item No. 4. She also questioned the City
Manager regarding the City Hall redevelopment project.
Mike Hartley spoke about the City Charter, the City Hall redevelopment project, and
issues with Code Enforcement.
Al Palazzo stated that he has applied and would like to be considered for the vacant
Deputy City Manager position.
James Smith recognized Parks and Recreation Director Lydie Gutfeld for her work on the
Roosevelt Bowl Project, and congratulated new Assistant Fire Chief Jager.
L’Rea Robinson spoke in opposition to the City going into debt for the City Hall
redevelopment project. She also stated that she is not satisfied with Code Enforcement
in the City.
Ulysez Benitez asked for the Mayor and City Council’s support for a “tiny home” village
for the homeless in San Bernardino.
John Shollenberger spoke in support of Council Member Calvin being re-elected in the
March 5th, 2024 Primary Election.
Ollie Espinoza also spoke in favor of a “tiny home” community for the homeless.
Keith Benitez also spoke in favor of “tiny homes”. They stated that the City of Victorville
has a similar project, and it has been successful. They also asked for the City Council’s
support of their endeavors in the City.
Steve Mitchell commented about the homeless crisis, the upcoming election, and dead
bodies being found in the City.
Mykayah McKenzie echoed previous comments in support of a tiny home community.
Christian Shaughnessy spoke about his campaign for 3rd Ward Council Seat in the
upcoming election.
Joshua Lechuga stated that he is concerned about a lack of community representation
by Council Member Figueroa. He spoke against gentrification, developers, and
warehouses in the City.
Jayson Jones stated that the police department is perpetuating systemic inequalities. He
also spoke in favor of re-electing Council Members Reynoso and Calvin.
Sharon Negrete spoke about the animal shelter and the recent adoption event.
Georgia Lykouretzos stated that she was troubled by the current state of the animal
shelter and limited visitation with animals.
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Lydia Savala requested that the animal shelter hire a full-time veterinarian.
Ana Gonzales spoke in opposition to Item No. 4. She explained that changing the meeting
time creates an obstacle for people that want to attend but can’t.
Ruben Mendoza thanked the community, City staff, and Council Members for working
toward a compliant housing element. He asked that the City work toward diversifying
housing.
Chief Deputy City Clerk Telicia Lopez then read the following written comment into
the record, per ADA accommodation:
Tim Dorame expressed support for electing Christian Shaughnessy, Kimberly Calvin, and
Treasure Ortiz at the upcoming election.
At 8:04 p.m., Mayor Tran re-ordered the agenda to ensure that the Public Hearings,
Item No. 4, Item No. 5, and Item No. 6 were heard at their published times:
PUBLIC HEARING
4. Development Code Amendment 23-01 (Short-Term Rental Program)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Introduce for first reading, read by title only, and waive further reading of
Ordinance No. MC-1628 of the Mayor and City Council of the City of San
Bernardino, California, adopting the Short -Term Rental Program, and
approving Development Code Amendment 23-01 amending Section
19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential
Zones) of the City of San Bernardino Development Code (SBMC Title 19) in
order to establish a Short-Term Rental Program in the City of San Bernardino;
and finding that Development Code Amendment 23-01 is exempt from review
under the California Environmental Quality Act;
2.Conduct the Public Hearing; and
3.Schedule the adoption of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on March 6, 2024.
Mayor Pro Tem Shorett opened the Public Hearing at 8:04 p.m.
Interim Director of Community and Economic Development Mary Lanier and Project
Manager Stephanie Castro provided a presentation.
There was one public comment for this item:
Ana Gonzalez expressed full opposition to this item, stating that short-term rentals
disrupt peace in residential neighborhoods and contribute to the lack of affordable
housing.
The Public Hearing was closed at 8:19 p.m.
There was discussion amongst the City Council regarding enforcement of this
Ordinance, fine amounts, and the amount of annual revenue this item will generate.
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Council Member Alexander made a motion to adopt the staff recommendation, which
was seconded by Council Member Sanchez.
Council Member Ibarra made a substitute motion to direct staff to bring the item back at
a future meeting, with additional information regarding the impact of allowing short-term
rentals on other housing elements in the City. She also requested that staff further
assess how the restrictions of this ordinance will be enforced.
There was a consensus of the Council to direct staff to bring the item forward again at
the first meeting in May (May 1st, 2024).
RESULT: HELD THE PUBLIC HEARING, AND DIRECTED STAFF TO BRING
THE ITEM BACK ON MAY 1, 2024, WITH AN ANALYSIS OF:
1. THE POTENTIAL IMPACT OF SHORT-TERM RENTALS ON
OTHER TYPES OF HOUSING IN THE CITY AND
2. HOW THE SHORT-TERM RENTAL PROGRAM
REQUIREMENTS WILL BE ENFORCED [7-0]
MOVER:Sandra Ibarra, Council Member, Ward 2
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
5. General Plan Amendment 24-01 and Development Code Amendment 24-01
(2021- 2029 Housing Element)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
4.Adopt Resolution No. 2024-035 of the Mayor and City Council of the City of
San Bernardino, California, adopting the Addendum to Final Environmental
Impact Report (SCH No. 2004111132) under the California Environmental
Quality Act, approving General Plan Amendment 24-01 establishing the
Residential Medium High (RMH-30) and Residential High (RH-50) Zones and
changing the General Plan Land Use Designation of specific parcels to meet
the City’s Regional Housing Needs Allocation (RHNA), and adopting and
implementing the City of San Bernardino 2021-2029 Housing Element
(General Plan – Chapter 3) (Attachment 1);
5.Introduce the first reading of Ordinance No. MC-1627 of the Mayor and City
Council of the City of San Bernardino, California, approving Development
Code Amendment 24- 01 changing the Zoning District Classification of
specific parcels to meet the City’s Regional Housing Needs Allocation
(RHNA), pursuant to the Addendum to Final Environmental Impact Report
(SCH No. 2004111132) (Attachment 2) ; and
6.Schedule the second reading of the above Ordinances to the regularly
scheduled meeting of the Mayor and City Council on March 6, 2024.
Mayor Tran opened the Public Hearing at 8:59 p.m.
Interim Director Lanier provided a brief presentation.
There were two public comments for this item:
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Ana Gonzales expressed appreciation for the item and support for mixed-use housing.
Daniel Jivandee spoke about this item in relation to the General Plan, asked the City to
take responsibility for planning decisions, and expressed support for community
gardens and agricultural zones.
The Public Hearing was closed at 9:07 p.m.
RESULT: ADOPTED RESOLUTION NO. 2024-035 AND INTRODUCED
ORDINANCE NO. MC-1627 [7-0]
MOVER:Ben Reynoso, Council Member, Ward 6
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
5. Development Code Amendment 2303 (Density Bonus)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Introduce for first reading, read by title only, and waive further reading of
Ordinance No. MC-1629 of the Mayor and City Council of the City of San
Bernardino, California, approving Development Code Amendment 2303
amending Chapter 19.04 (Residential Zones) Section 19.04.030 (Density
Bonus) of the City of San Bernardino Development Code (SBMC Title 19) in
order to update the Density Bonus section in compliance with State law; and
finding that Development Code Amendment 2303 is exempt from review under
the California Environmental Quality Act;
2. Conduct the Public Hearing; and
3. Schedule the adoption of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on March 6, 2024.
Mayor Tran opened the Public Hearing at 9:13 p.m.
Interim Director Lanier provided a presentation.
There were no public speakers for this item.
Mayor Tran closed the Public Hearing at 9:20 p.m.
RESULT: INTRODUCED ORDINANCE NO. MC-1629 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
At this time, the Mayor and City Council returned to the agenda’s original format
and heard the Consent Calendar, Item No. 1 and Item No. 2.
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.
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RESULT: APPROVED THE CONSENT CALENDAR [5-2]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES:Ben Reynoso, Kimberly Calvin
1. Adopt Ordinance No. MC-1626 Amending Section 2.58.010 of the Municipal
Code Relating to the Time and Location of Regular Meetings (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1626 amending Section 2.58.010 of Chapter
2.58 of Title 2 of the San Bernardino Municipal Code relating to the time and
location of regular meetings.
RESULT: ADOPTED ORDINANCE NO. MC-1626 [5-2]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES:Ben Reynoso, Kimberly Calvin
2.Adopt Ordinance No. MC-1625 Amending Chapter 2.10 and Chapter 2.15,
Adding Chapter 2.83, and Amending Sections 3.16.060 and
19.70.036(D)(14)(D) of the San Bernardino Municipal Code Regarding
Updating Titles and Organizational Duties of Various City Departments and
Department Heads (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1625 amending Chapter 2.10 and Chapter
2.15, adding Chapter 2.83, and amending Sections 3.16.060 and
19.70.036(D)(14)(D) of the San Bernardino Municipal Code regarding updating
titles and organizational duties of various City departments and department
heads.
RESULT: ADOPTED ORDINANCE NO. MC-1625 [5-2]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES:Ben Reynoso, Kimberly Calvin
DISCUSSION
3. Adopt Resolution No. 2024-029 Establishing the Times of Regular
Meetings (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-029 establishing the time of regular
meetings.
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Assistant City Manager Edelia Eveland provided a presentation.
There was discussion about the history of meeting start times, the practices of
surrounding cities, and the type of items considered at regular meetings.
Council Member Sanchez made a motion to adopt staff’s recommendation for Closed
Session to begin at 4:00 p.m., Open Session at 5:00 p.m., and add the provision that the
Mayor and City Council must make every effort to begin Closed Session at 4:00 p.m.
Council Member Alexander made a substitute motion to begin Open Session at 6:00 p.m.
and hold Closed Session immediately after.
RESULT: ESTABLISH REGULAR MEETINGS BEGINNING AT 6:00 P.M.,
WITH CLOSED SESSION HELD IMMEDIATELY AFTERWARD –
FAILED [3-4]
MOVER:Damon L. Alexander, Council Member, Ward 7
SECONDER:Kimberly Calvin, Council Member, Ward 6
AYES:Sanchez, Ibarra, Figueroa, Shorett
NOES:Ben Reynoso, Kimberly Calvin, Damon L. Alexander
At this time, a vote was taken on the original motion made by Council Member Sanchez.
RESULT: APPROVED RESOLUTION NO. 2024-029 WITH AMENDMENTS:
ESTABLISHING THE START TIME OF CLOSED SESSION AT 4:00
P.M. AND OPEN SESSION AT 5:00 P.M., WITH LANGUAGE ADDED
TO THE RESOLUTION THAT EVERY EFFORT BE MADE TO
START CLOSED SESSION AT 4:00 P.M. [4-3]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett
NOES:Ben Reynoso, Kimberly Calvin, Damon L. Alexander
The Mayor and City Council did not make any amendments to the proposed start time of
the “Study Sessions” mentioned in the resolution.
The Mayor and City Council convened to Closed Session at this time.
CLOSED SESSION
7. Closed Session
Recommendation:
7.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a) and (d)(1):
• Kim Mannion v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVSB2215977
8.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): Notice of Claim, Enrique Gonzalez, dated June 27, 2023, Claim No.
GHC0059695
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CLOSED SESSION REPORT
There was no reportable action from Closed Session.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, February 21,
2024, at 10:09 p.m. The next meeting of the Mayor and City Council will adjourn to the
Regular meeting to be held on Wednesday, March 6, 2024, at the Feldheym Central
Library located at 555 West 6th Street, San Bernardino, California 92401. The Meeting
will begin at 5:00 P.M.
By:________________________
Genoveva Rocha, CMC
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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 Joint Powers Financing Authority
WEDNESDAY, MARCH 20, 2024
5:00 PM
The Special Meeting was called to order at 5:06 PM by Mayor Helen Tran on
Wednesday, March 20, 2024, at Feldheym Central Library, San Bernardino, CA.
Call to Order
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 5:05 p.m.
Sandra Ibarra Council Member, Ward 2 Present 5:02 p.m.
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, 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
Helen Tran Mayor Present
Charles A. Montoya City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Perla Lopez Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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5:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Jessica Alexander of Grace Chapel of San Bernardino led the invocation, and
Ashley Molina Galdamez from Del Vallejo Leadership and STEAM Academy led the
Pledge of Allegiance to the Flag.
PRESENTATIONS
1. March 2024 Citizen of the Month – Cameron Grant
Council Member Ben Reynoso gave a presentation for Citizen of the Month.
PUBLIC COMMENT FOR ITEMS ON THE SPECIAL MEETING ONLY
Sarah R. spoke on Item No. 8; she does not favor or oppose it. She also spoke on the
importance of the Request for Proposal (RFP) process.
Alicia Ureña-Esquivel, representing Old Town Baking Company, commented on Item
No. 9, and stated the median would affect the deliveries to their business.
Al Palazzo spoke on Item No. 3 and stated the renovations to the "the Harris Building"
could help the city's redevelopment. He believed the Mayor and City Council want to
tear down the building.
CITY MANAGER UPDATE
Jeff Kraus, Public Information Officer, provided city wide updates. Highlights include the
city receiving over $1.8 million from Federal Budget, a new mobile animal clinic
launched, San Bernardino Symphony’s Director Anthony Parnther conductes Academy
Award Winning Score, the Cal State San Bernardino men’s basketball winning the
NCAA Division II Western Regional and reaching Elite Eight, the annual
Eggstravaganza occurring on March 23rd at Perris Hill Park, Gabriel Elliott joins the city
as Community Development and Housing Director, and Assistant City Manager Edelia
Eveland separating from the city.
DISCUSSION
2.Fiscal Year 2023/24 Mid-Year Budget Report
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Receive and file the Fiscal Year 2023/24 Mid-Year Budget Report; and
2.Adopt Resolution No. 2024 -054 Authorizing the Director of
Finance and Management Services to amend the Fiscal Year
2023/24 Operating Budget by
$9,362,446 as outlined in the Fiscal Year 2023/24 Mid-Year Budget Report.
Barbara Whitehorn, Director of Finance and Management Services and Zuyva Ruiz,
Budget Division Manager provided the presentation.
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Council Member Reynoso suggested a film crew, editor, and social media specialist,
using the Police Department as the sample to help Jeff Kraus with the city's social
media.
Council Member Sanchez motioned to approve the staff recommendation and directed
staff to include as part of the mid-year budget, two Program Coordinators to the Parks
Department, three Community Service Officers to the Police Department, one additional
staff member, and budget for reclassification to create a supervisor role to the City
Council Office. Add one Records Management Specialist in the City Clerk's Office. He
directed staff to return with any additional requests for City Council deliberation on April
17, 2024.
Council Member Calvin requested additional staff for the Council Office and for staff to
bring back the items approved in the strategic plan.
Council Member Alexander requested an analyst for the City Council Office, funding for
raised concrete, and funding for the California Theater renovation.
Mayor Tran requested staff complete an assessment of the staffing needs in the City
Council and Mayor's Office.
The motion was made by Mayor Pro Tem Shorett and seconded by Council Member
Calvin.
RESULT: CITY COUNCIL APPROVED THE STAFF RECOMMENDATION
AND DIRECTED STAFF TO BRING BACK THE ADDITIONAL
POSITIONS AND RECOMMENDATIONS BY THE MAYOR AND
CITY COUNCIL ON APRIL 17, 2024 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Kimberly Calvin, Council Member, Ward 6
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
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
NO. 3, NO.8, NO. 9, AND NO. 11 FOR A SEPARATE VOTE [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon L. Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
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Real Property Donation of 300 N “E” Street, San Bernardino, California
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve Resolution No. 2024-059, accepting the real property donation
of 300 N “E” Street, also known as “the Harris Building” (APN 0134-301-29),
located within the City of San Bernardino, California, from El Corte Ingles, S.A. a
Spanish Corporation (ECI); authorizing the City Manager to execute a quitclaim
deed conveying fee interest to the City of San Bernardino.
Council Member Ibarra asked if the property would be private property or
converted to a Surplus Land Act (SLA).
Assistant City Manager Edelia Eveland said it would remain private property, and
the Council would decide what to do with it.
RESULT: ADOPTED RESOLUTION NO. 2024-059 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
4. 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 February 2024.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon L. Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
5. Investment Portfolio Report for October, November, and December 2023
(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 October, November, and
December 2023.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon L. Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
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Annual Renewal of the City's Property Insurance for FY 2024/25
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the annual renewal of the City’s property insurance for a
premium not to exceed$2,415,000 for the term beginning April 1, 2024, and ending
March 31, 2025; and authorizing the City Manager to execute all related
documentation.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon L. Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
3. Approving the Application for the California Department of Parks and
Recreation - Outdoor Equity Grants Program (OEP) – Round 2
Recommendation:
Adopt Resolution No. 2024-055 of the Mayor and City Council of the City of San
Bernardino, California, to approve the submittal of an application for the California
Department of Parks and Recreation – Outdoor Equity Program (OEP) Round 2
competitive program to the State of California.
RESULT: ADOPTED RESOLUTION NO. 2024-055 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon L. Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
4. Task Order No. 2 with Z&K Consultants, Inc. for Carousel Mall
Demolition Professional Services (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-056, and:
1.Approve Task Order No. 2 with Z&K Consultants Inc. in the
amount o f $201,723.44 for construction management and inspection
services for the Carousel Mall Demolition (Project), and;
2.Authorize the Director of Finance and Management Services to record
a budget amendment from Measure S Fund balance to allocate CIP
Street Sweeping Signage project surplus to fund the required
purchase/task orders to complete the Carousel Mall Demolition
(Project), and;
3.Authorize the City Manager or designee to execute all documents with
Z&K Consultants Inc. to complete Task Order No. 2.
There was a discussion regarding moving the funds from the CIP Street Sweeping
Signage to complete the Carousel Mall Demolition.
Council Member Reynoso asked who will be covering the CIP Street Sweeping signage
funds and when the program will start.
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City Engineer Azzam Jabsheh said the street sweeping signage is part of the Burrtec
contract, and the program is on hold due to a staff shortage and the community's
opposition to signage in the streets.
Assistant City Manager Edelia Eveland suggested bringing back an update to the
Council on the contract with Burrtec and the signage.
Council Member Calvin asked where the funding, approximately 2 million dollars, were
for the street sweeping signage and why the signs had not been placed throughout the
city.
Director of Public Works Lynn Merrill said the funds are theirs, and they recommend
using those signage funds to complete the Carousel Mall demolition.
Assistant City Manager Edelia Eveland suggested using a different source to complete
the mall demolition if they desired.
Council Member Ibarra motioned to use general funds to complete the demolition
instead of using CIP Street Sweeping signage. The motion was not seconded.
Council Member Shorett motioned to approve staff’s recommendation, and Council
Member Figueroa seconded the motion.
RESULT: ADOPTED RESOLUTION NO. 2024-056 [4-3]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Figueroa, Shorett, Reynoso,
NOES: Sandra Ibarra, Kimberly Calvin, Damon L. Alexander
5. Resolution Approving Cooperative Agreement with Omnitrans for the
E Street Median Project (Wards 1 & 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-057, and Authorize the City Manager or
designee to execute the Cooperative Agreement with Omnitrans for the Design
Phase, Environmental Phase, and Construction of the “E” Street Median Project.
Council Member Calvin required that staff clarafy how the city came to this conclusion to
add a median.
Director of Public Works Lynn Merrill explained that the proposed median is a safety
measure in response to several accidents. He emphasized that the project is currently
only in the design phase.
Council Member Alexander commented that business owners should have been
contacted and made a motion to have the item come back after speaking to the
business owners. The motion was not seconded.
Council Member Sanchez asked staff to spend more money to add stamped concrete or
river rock to the median.
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Assistant City Manager Edelia Eveland commented that this project is only Phase I. The
item will come back to approve the design.
RESULT: ADOPTED RESOLUTION NO. 2024-057 [5-2]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin
NOES:Ben Reynoso, Damon L. Alexander
6. Accept the Energy Efficiency and Conservation Block Grant (EECBG)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernadino,
California, adopt Resolution No. 2024-058, and:
1.Authorize the Director of Finance & Management Services to amend
and appropriate the $249,590 Energy Efficiency and Conservation
Block Grant (EECBG) in both revenues and expenditures for the fiscal
year 2023-2024 operating budget; and
2.Authorize the Director of Finance & Management Services to amend
the Fiscal Year 2023 – 2027 Capital Improvement Program to add the
Energy Efficiency Conservation Block Grant (EECBG) Project; and
3.Authorize the City Manager, or designee, to execute a grant agreement
and any subsequent amendment with the U.S. Department of Energy
in the amount of $249,590 for the Energy Efficiency and Conservation
Block Grant.
RESULT: ADOPTED RESOLUTION NO. 2024-058 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon L. Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
7. Award of Agreement for Construction of Pavement Rehabilitation at
Twenty-One Locations (Project No. SS 22-005) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Approve the award of an Agreement with Matich Corporation in the
amount of
$7,988,612 for Pavement Rehabilitation at Twenty-One Locations
(Project); and
Authorize the project construction, construction contingencies,
and construction management costs in the total amount of
$8,787,473.20 for construction of the Project; and
2.Authorize the City Manager or designee to execute all documents
with Matich Corporation; and
3.Authorize the City Manager or designee to expend the contingency
fund, if necessary, to complete the project.
Council Member Figueroa left the dais at 7:29 pm.
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Council Member Reynoso asked to add College Ave to the street repair list.
Director of Public Works Lynn Merrill commented that the street will be added to the
list.
Council Member Calvin inquired when the pavement management system will be
acquired by the city.
City Engineer Azzam responded that proposals were received, and staff would be
coming to council in a few weeks for approval.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT:Juan Figueroa
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Amendment No. 1 to Agreement with RHA Landscape Architects – Planners
Inc. for Seccombe Lake Park Revitalization Design Services (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Approve Amendment No. 1 to the Agreement with RHA Landscape
Architects – Planners Inc. in the amount of $26,000 for
Seccombe Lake Park Revitalization (Project); and
2.Authorize project contingencies in the total amount of $27,000 for
design of the Project; and
3.Authorize the City Manager or designee to execute all documents
with RHA Landscape Architects – Planners Inc.; and
4.Authorize the City Manager or designee to expend the contingency
fund, if necessary, to complete the project.
5.Renew the term of the agreement to September 21, 2024.
6.Authorize the City Manager to renew the term of the agreement for
up to two additional one-year terms.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon L. Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS
At this time, the Mayor and City Council provided updates to the community. Highlights
included attending regional meetings regarding homelessness and asking organizations
if they have beds available to reach out to the city. Several Council
Members attended The League of Cities Conference in Washington, D.C., and The
Yaamava Awards. The ribbon cutting for the mobile clinic for the animal shelter
occurred on March 19th. The Mayor and City Council thanked Assistant City Manager,
Edelia Eveland for her work and welcomed Director of Community Development and
Housing, Gabriel Elliott to the city.
At this time, the mayor accepted public comments for items not listed on the
agenda were heard.
Sarah Robles spoke on a public records request regarding the letter of intent from the
City Manager’s Office. She thanked Council Member Calvin for her transparency to the
residents. She also spoke about the lawsuits against City Manager Charles Montoya.
Dolores Armstead commented on the meeting time change, the number of car washes
in the city, more warehouses being brought to the city, and truck parking are also
increasing. Also, she asked about Oxbow, stated the general plan needed to be
updated.
Jose Mendoza, Commander for the Disabled stated American Veterans Chapter 12 San
Bernardino, spoke on the several resources and events they have for veterans.
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Al Palozzo spoke on recommendations for housing for the city.
Yazmin Portobanco thanked the City of San Bernardino for helping build their new
restaurant. Invited the Mayor and City Council Members and the community to try their
burritos.
Mike Hartley spoke in opposition of several topics, Code Enforcement is not enforcing,
street signage was there before bankruptcy, the donation of the Harris building does not
see a future in the city, SBX is the joke of the city.
The Mayor and City Council convened into Closed Session at 7:58 p.m.
CLOSED SESSION
8. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim
No. GHC0065668
CLOSED SESSION REPORT
City Attorney, Sonia Carvalho announced there was no reportable action from Closed
Session.
SPECIAL MEETING ADJOURNMENT
The Special Meeting of the Mayor and City Council was adjourned on Wednesday,
March 20, 2024, at 8:49 p.m. The Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to
the Regular Meeting on April 3, 2024, at the Feldheym Central Library located at 555
West 6th Street, San Bernardino, California 92401. Closed session will begin at 4:00
p.m. and the Open Session will begin at 5:00 p.m.
Genoveva Rocha, 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, APRIL 17, 2024
4:00 PM
Closed Session was called to order at 4:08 PM by Mayor Helen Tran on Wednesday,
April 17, 2024, at Feldheym Central Library, San Bernardino, CA.
Call to Order
Attendee Name Title Status Arrived Left
Theodore Sanchez Council Member, Ward 1 Present 9:18 p.m.
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present 4:07 p.m.9:15 p.m.
Kimberly Calvin Council Member, Ward 6 Present 8:32 p.m.
Damon L. Alexander Council Member, Ward 7 Via Zoom 4:35 p.m.
Helen Tran Mayor Present
Charles A. Montoya City Manager Present
Sonia Carvalho City Attorney Present
Albert Maldonado Deputy City Attorney Present
Genoveva Rocha City Clerk Present
Telicia Lopez Chief Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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4:00 P.M.
CLOSED SESSION PUBLIC COMMENT
Treasure Ortiz spoke about the City Manager, the newly hired Community Development
and Housing director and the newly hired Deputy City Manager.
Dolores Armstead spoke about former Mayor John Valdivia and the lawsuits on the
closed session agenda, the newly hired Community Development and Housing director
and the newly hired Deputy City Manager, and the city manager.
Sarah R. spoke on the choices the city is making in staffing and former Mayor John
Valdivia.
James Penman spoke on injunctive relief as the best option of what needs to be done
pertaining to Council member Calvin. Requested that the city get a court order to
prevent information from being leaked from Closed Session.
Gregory Taylor spoke on the hiring that has taken place in the city, regarding the newly
hired Community Development and Housing director and the newly hired Deputy City
Manager. The speaker criticized the hiring process and use of background
investigations for City Hall recruitments.
CLOSED SESSION
A)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.Henry Perez v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVSB2225127
ii.Jackie Aboud v. John Valdivia, San Bernardino Superior Court
Case No. CIVDS2013562
iii.Karen Cervantes v. John Valdivia, San Bernardino Superior Court
Case No.CIVDS2012538
iv.Mirna Cisneros v. John Valdivia, San Bernardino Superior Court
Case No.CIVDS2012926
v.Brian Pellis, et al. v. City of San Bernardino, San Bernardino
Superior Court Case No. CIVSB22267331
vi.Arnold Mathias v. City of San Bernardino, Workers’ Compensation
Case Nos. ADJ13324852, ADJ11173952, ADJ10646820, and
ADJ8614146
CLOSED SESSION REPORT
City Attorney, Sonia Carvalho reported that there were six closed session matters on
the agenda. The City Council did provide direction to staff, but there is no reportable
action today. To make the public aware, when direction is received from the City
Council on existing litigation, that information is not reported until matters are final.
When cases are final, if and/or when settlements are entered those agreements are
subject to disclosure under the Public Records Act.
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5:00 PM
The Regular Meeting was called to order at 5:10 PM by Mayor Helen Tran on
Wednesday, April 17, 2024, at Feldheym Central Library, San Bernardino, CA.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Deborah Jones of Common Spirit Health Dignity Health Community Hospital
of San Bernardino led the invocation, and Helena Bonola from Emmerton Elementary
School led the Pledge of Allegiance to the Flag.
At this time Mayor Tran re-ordered the agenda and proceeded with Public
Hearings.
PUBLIC HEARING
8.Proposed Substantial Amendment to Fiscal Years 2023-2024 and 2020-2021
Annual Action Plan Associated with Community Development Block Grant
and Community Development Block Grant (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of The City of San
Bernardino, California:
vii.Conduct a Public Hearing to obtain citizens’ comments on the
proposed Substantial Amendments to 2023-2024 and 2020-2021
Annual Action Plans for the Community Development Block Grant; and
viii.Approve the Substantial Amendments to Fiscal Year 2023-2024 and
2020-2021 Annual Action Plans for the Community Development Block
Grant; and
ix.Adopt Resolution 2024-075, approving the draft Substantial amendment
to the housing and urban development fiscal year 2023 -2024 and
2020 -2021 Community development block grant annual action plan;
and
x.Authorize the Director of Finance and Management Services to adjust
the Fiscal Year 2023-2024 Budget Appropriation pursuant to the
Substantial Amendment 2023-2024 and 2020-2021 Action Plans; and
xi.Authorize The City Manager or designee to take any further actions and
execute any further agreements or documents as necessary to
effectuate the submittal of the Proposed Substantial Amendments to
Fiscal Year 2023-2024 and 2020-2021 Annual Action Plans.
Mayor Tran opened the public hearing at 5:16 p.m.
There was one public speaker:
Treasure Ortiz spoke in support of the reallocation of funding for Nicholson Park and
asked for clarification on the substantial changes.
Gabriel Elliot, Director of Community Development and Housing provided a
presentation.
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The public hearing was closed at 5:21 p.m.
Council Member Calvin expressed the need for the renovation of Nicholson Park due to
years of neglect. Councilmember Calvin expressed concern pertaining to the funding
source coming from street improvements.
William Lampi, Senior Management Analyst explained the need to reallocate funds to
meet the Community Development Block Grant (CDBG) funding deadline. William
clarified that the funds were being shifted from street improvements to Nicholson Park,
however the overall citywide budget for street improvements will remain the same.
Council Member Sanchez made a motion to reallocate American Rescue Plan Act
(ARPA Flex) funds to Encanto Community Center in the amount of $655,886.73 and
$1,080,185.00 for Street Improvements.
Councilmember Calvin made a friendly amendment to the motion to include monthly
updates to the progress of Nicholson Park.
Councilmember Sanchez accepted the friendly amendment and Councilmember Calvin
seconded the motion.
RESULT: APPROVED AS AMENDED TO APPROVE THE STAFF
RECCOMENDATION AND REALLOCATE ARPA FLEX FUNDING
IN THE AMOUNT OF $655,886.73 FOR ENCANTO COMMUNITY
CENTER AND $1,080,185.00 FOR STREET IMPROVEMENTS.
DIRECTED STAFF TO PROVIDE THE MAYOR AND CITY
COUNCIL UPDATES EVERY 30 DAYS PERTAINING TO THE
FUNDING SPENT FOR NICHOLSON PARK [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Kimberly Calvin, Council Member, Ward 6
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
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Conduct a Public Hearing and Introduce Ordinance No. MC-1636:
Development Code Amendment 24-02 (Emergency Shelter Overlay)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Introduce for first reading, read by title only, and waive further reading of
Ordinance No. MC-1636 of the Mayor and City Council of the City of San
Bernardino, California, approving Development Code Amendment 24-02
amending the following Sections and table:
i. Section 19.02.50 (Basic Provisions - Definitions)
ii. Section 19.06.020;
iii. Table 06.01 (Commercial Zones - Development Permitted and
Conditionally Permitted Uses);
iv. Section 19.08.020;
v. Table 08.01 (Industrial Zones - Development Permitted and
Conditionally Permitted Uses); and
vi. Chapter 19.10-E (Emergency Shelter Overlay) of the City of San
Bernardino Development Code (SBMC Title 19) in order to update
the development standards for Emergency Shelters in compliance
with state law; and finding that Development Code Amendment
24-02 is exempt from review under the California Environmental
Quality Act; and
2.Conduct the Public Hearing; and
3.Schedule the adoption of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on May 1st, 2024.
Mayor Tran opened the public hearing at 5:35 p.m.
Gabriel Elliot, Director of Community Development and Housing provided a
presentation.
There were two public speakers for this hearing.
Treasure Ortiz spoke on the inaccurate point in time count and the time it has taken to
change the development code.
Tim Brickley believes this gives the ability to avoid a Conditional Use Permit (CUP) and
the speaker does not agree with this idea and is not in favor of avoiding the CUP
process. Wants a designated location for these areas that would require a public
hearing.
The public hearing was closed at 5:45 p.m.
There was discussion amongst the City Council regarding this ordinance and why the
city needs to move forward on this ordinance. They questioned what other cities are
moving forward on this type of ordinance, and expressed concern that the state was
imposing this ordinance requirement.
Deputy City Attorney, Albert Maldonado explained that the ordinance is being moved
forward as a requirement of the stipulated judgment resulting from the Housing
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Element litigation. Mr. Maldonado further explained that the ordinance would still
require applicants to meet certain criteria, and this ordinance does not give blanket
approval of these development types. Mr. Maldonado also explained that if the city
does not act on this item the litigants can request the judge to remove the city’s land
use approval authority, with the exception of limited projects.
Council Member Sanchez made a motion to approve the staff’s recommendation.
Council Member Ibarra made a substitute motion to table the item for future
consideration and was seconded by Council Member Figueroa. The motion failed 2- 4
with Councilmembers Sanchez, Shorett, Calvin, and Alexander voting in opposition.
Councilmember Shorett seconded the motion made by Council Member Sanchez.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-1]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES:Sandra Ibarra
APPOINTMENTS
1. Downtown Advisory Committee Appointment of Casey A. Dailey (Ward 1)
2. General Plan Advisory Committee Appointment of Casey A. Dailey (Ward 1)
3. Measure S Citizens Oversight Committee Appointment of Casey A. Dailey
(Ward 1)
4. Planning Commission Appointment of Casey A. Dailey (Ward 1)
There was a consensus of the Mayor and City Council to vote on items 1-4 in a single
vote.
No presentation was made for Item Nos. 1-4, the appointee was not in attendance.
RESULT: APPROVE APPOINTMENT ITEMS NO. 1 - 4 [7-1]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander, Tran
NOES:Ben Reynoso
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PRESENTATIONS
5. April 2024 Citizen(s) of the Month Darnetta Smith, Claudia Cuevas, Vee Galvez
Tellez, Spirit of Texas BBQ, Janice Robinson, and Ben Gutierrez
Councilwoman Kimberly Calvin presented Citizen of the Month awards to Claudia
Cuevas, Beverly Wright on behalf of Janice Robinson, and Santos from Spirit of Texas
BBQ. Other awardees Darnetta Smith, Ben Gutierrez, and Vee Galvez were not in
attendance.
At this time Mayor Tran re-ordered the meeting and the Presentation for Item No. 7 was
given before item No. 6.
6. Proclamation for Child Abuse Prevention Month in the City of San Bernardino –
April 2024 (All Wards)
Mayor Tran presented the Proclamation to Hillary Steenson-Ray, Interim Associate
Network Officer, San Bernardino County Children’s Network.
7. Proclamation of National Therapy Animal Day in the City of San Bernardino –
April 30, 2024 (All Wards)
Mayor Tran presented the Proclamation to Teri Wallace and the volunteers of Pet
Partners Animal Therapy Team & Inland Empire Therapy Dog Group.
CITY MANAGER UPDATE
Jeff Kraus, Public Information Officer, provided city wide updates. Highlights included
the 5th Street Gateway Grand Opening, Lutheran Social Services Groundbreaking of
140-unit housing facility, visit from U.S. Health and Human Services Secretary- Xavier
Becerra, $850,000 in funding for Nicholson Park renovation, and the award received by
the Finance Department from the Government Finance Association of the United States
and Canada.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Treasure Ortiz spoke in opposition to item No.10. The speaker commented on the
report that was provided by the investigator and the details of the report. The speaker
commented on actions by Human Resources Director Soren and recruiter Rojas.
Dustin spoke on homelessness and the quality of life of those who are unhoused and
the poor quality of life for everyone. The speaker commented on a homeless woman
that lives on Medical Center Drive.
Gregory Taylor complimented Council Member Calvin on her work and efforts in the city
and is in opposition to item No. 10. The speaker commented on the newly hired
Community Development and Housing director and the newly hired Deputy City
Manager. The speaker commended some actions of Council Member Sanchez and
Council Member Figueroa.
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Al Palazzo spoke on meeting with all the elected leaders of the city to share his ideas to
fix homelessness in the city. He asked for an opportunity to provide his feedback spoke
on his belief in having San Bernardino rebuilt in the region.
Delores Armstead spoke in opposition to item No. 10 and stated that she did not agree
with the findings. The speaker commented on potential corruption of the council and the
lack of action pertaining to former Human Resources director Soren.
Christian Shaughnessy spoke on the passing of Gil Navarro and in opposition to the
censure for Councilmember Calvin. The speaker commented on the closed session
items regarding former Mayor John Valdivia.
Ollie Espinoza spoke in favor of a tiny home village in the city and requested that more
shelters to be built in the area. The speaker commented on the issues unhoused
individuals face in the summer.
Sarah R. spoke in opposition to item No.10 and commented on the City Manager
recruitment. Spoke on the potential litigation council will face, replacing BBK, praised
Council Member Ibarra and demanded the return of Zoom comments.
John Shollenberger spoke in favor of the projects that Council Member Calvin has
spearheaded and in opposition to item No. 10.
Gabriel De La Torre spoke about his former homelessness and the need for
compassion that was afforded to him and improved his position in life.
Ulyses Benitez spoke on the need for tiny home villages in the city.
Kieth Benitez spoke on growing up as a homeless child, and the abuse faced because
of homelessness, and the lack of resources.
Fae Heister spoke regarding issues faced by homelessness and bullying due to being
homeless.
Mykyah McKenzie spoke on the elections results and in opposition to the censure of
Council member Calvin.
Jim Mulvihill requested to have the Citizen Advisory Committee for the General plan
revision and the downtown specific plan reactivated. Spoke on the 5th street gateways
original intent to be mixed use and include additional housing.
Lydia Savala spoke on community outreach for animal services, the need for veterinary
services, and spaying or neutering pets.
Mike Hartley spoke in opposition to censuring Kim Calvin and the need for others to
have been censured. Spoke in support of the Police Chief.
Lynn Wear spoke about her neighborhood association and the support the city has
provided by being collaborative with the Council.
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Georgia Lykouretzos spoke on the Police Department. The speaker was in opposition to
item No. 14, and item No 15.
Rikke Van Johnson spoke in opposition to item No.10 and the allegations not being
substantiated.
L’Rea Robinson spoke on housing and the poor conditions of housing in the city. Spoke
on the lack of code enforcement and in opposition of censuring Council Member Calvin.
Ana Gonzalez spoke in opposition of the censure of Council Member Calvin and does
not agree with the speaker slip deadline. She spoke in favor of item No. 11.
Junior Carrillo spoke on the comments made by other public speakers.
James Penman spoke on the elections results and made recommendations regarding
the censure. He spoke about his censure and elected history.
The following individuals submitted speaker slips but were not present when called
upon to speak:
Jeanne Norwood, James Albert, Jim Smith, and Paul Jones
PUBLIC HEARING
Mayor Tran re-ordered the agenda and Public Hearings were heard prior to
Appointments.
DISCUSSION
8.Discuss and Provide Direction on Whether to Pursue Censure of Council
Member Kimberly Calvin
Recommendation:
It is recommended that the Mayor and City Council, of the City of San Bernardino,
California, discuss 1) whether to and the process for adopting a Resolution of
Censure concerning Council Member Kimberly Calvin’s alleged misconduct
involving violations of policy, law and fiduciary duty; 2) whether to engage outside
legal counsel and provide direction to staff and whether to appoint an ad hoc
committee to schedule a hearing and consideration of final Resolution of
Censure.
Council Member Calvin spoke in her defense of the censure item and stated that she
did not agree with the censure. She spoke on the claims as outlined in the summary
report that was provided to the community.
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RESULT: APPROVED STAFF’S RECOMMENDATION [4-3]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett
NOES:Ben Reynoso, Kimberly Calvin, Damon L. Alexander
9.Adopt an Urgency Ordinance Restricting Truck Traffic on Certain
Roadway Segments Within the City Limits.
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino, California, Adopt Urgency Ordinance No. MC-1635, amending
Section 10.24.190 of the City of San Bernardino Municipal Code to restrict
Commercial Vehicles with a gross vehicle weight rating exceeding 30,000 pounds
on certain segments of City roads, specifically University Parkway (State Street)
from the eastern off ramp of Interstate 210 to Baseline Road; and Pepper Avenue
from Ninth Street to Randall Avenue.
There was discussion amongst the City Council regarding the truck routes during the
discussion various concerns and suggestions were raised.
Council Member Figueroa proposed to extend the truck route restriction on Gould,
Richardson, Hardt, and Coulston from Tippecanoe to Mountain View.
Council Member Reynoso added the restricted truck routes on Kendall Drive between
Palm and University.
RESULT: APPROVED AS AMENDED EXTENDING THE TRUCK ROUTE FOR
ITEMS NO. 14 THROUGH NO. 17 OF THE ORDINANCE FROM
TIPPECANOE TO MOUNTAIN VIEW. ADDING KENDALL AVE
BETWEEN PALM AND UNIVERSITY TO THE ORDINANCE. [7-0]
MOVER:Kimberly Calvin, Council Member, Ward 6
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
At this time Mayor Tran re-ordered the agenda and Item No.13 was heard prior to
Item No. 12.
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Review and Consider Positions Recommended by Members of the Council
During the Mid-Year Budget Review, and Additional Positions
Recommended by the City Manager
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-066 of the Mayor and City Council of San
Bernardino, review, and consider the additional positions proposed at the
Mid-Year Budget review and
1. Add the eight (8) positions as proposed by the Mayor and City Council and
outlined in this staff report; and
2. Add the additional twelve (12) positions proposed by the City Manager as
outlined in this staff report.
City Manager Montoya requested that the Mayor and City Council remove from
consideration the following positions: Administrative Analyst, Manager for City Council,
and Administrative Assistant split 50/50 for the City Manager and the Mayor’s office.
The City Manager advised that the positions needed more work and would be brought
back.
RESULT: APPROVED AS AMENDED [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
12.City Manager’s Preliminary Proposed Biennial FY 2024/25 and FY 2025/26
Operating and Capital Budget
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
receive and file the City Manager’s proposed budget presentation for the FY
2024/25 and FY 2025/26 Operating and Capital Budget.
RECEIVE AND FILE, NO ACTION TAKEN
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 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
Council Member Calvin left the meeting at 8:32 p.m. and was not present for the
Consent Calendar vote and approval.
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14.Authorize and Appropriate Funding for Animal Services for the
preparation of the Regional Partnership Agreements
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
California, adopt Resolution No. 2024-067;
xii.Authorizing the Director of Finance & Management Services to approve
the allocation of $4,000,000. from the General Fund and to appropriate
the funds to make the necessary upgrades to the Animal Services
facility; and
xiii.Authorizing the Director of Finance & Management Services to amend
the Fiscal Year 2023-2027 Capital Improvement Project Program to add
the Animal Services Regional Partnership Facility Improvement Project.
RESULT: ADOPTED RESOLUTION NO. 2024-067 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
15.Response to Grand Jury Report
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and approve the response to the County of San Bernardino
Civil Grand Jury Report, titled “Who Let the Dogs Out? A Tail in Two Cities”,
released in December 2023.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
16.Certifying Results of the Primary Municipal Election held on
March 5, 2024
Recommendation:
Adopt Resolution No. 2024-077 of the Mayor and City Council of the City of San
Bernardino, California, reciting the facts of the Primary Municipal Election held on
March 5, 2024, certifying the election results and such other matters as provided
by law.
RESULT: ADOPTED RESOLUTION NO 2024-077 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
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Resolution Declaring Intent to Annex Territory: Community Facilities
District No. 2019-1 (Maintenance Services): Annexation No. 45, Tax Zone
No. 45 (GWS #8) (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California,
adopt Resolution No. 2024-070 of the Mayor and City Council of San Bernardino,
California, declaring its intention to annex territory into Community Facilities
District No. 2019-1 (Maintenance Services) of the City of San Bernardino,
adopting a map of the area to be proposed (Annexation No. 45); and authorizing
the levy of a special taxes therein.
RESULT: ADOPTED RESOLUTION NO. 2024-070 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
17.Adoption of Ordinance No. MC-1634 (Annexation 37) (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1634 amending Ordinance No. MC-1522 and
levying special taxes to be collected during Fiscal Year 2023-2024 to pay the
annual costs of the maintenance and servicing of landscaping, lighting, water
quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative
expenses with respect to City of San Bernardino Community Facilities District No.
2019-1 (Maintenance Services).
RESULT: ADOPTED ORDINANCE NO. MC-1634 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
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Resolution Declaring Intent to Annex Territory: Community Facilities
District No. 2019-1 (Maintenance Services): Annexation No. 44, Tax Zone
No. 44 (Everhome Suites) (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California,
adopt Resolution No. 2024-069 of the Mayor and City Council of San Bernardino,
California, declaring its intention to annex territory into Community Facilities
District No. 2019-1 (Maintenance Services) of the City of San Bernardino,
adopting a map of the area proposed (Annexation No. 44) and authorizing the
levy of special taxes therein.
RESULT: ADOPTED RESOLUTION NO. 2024-069 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
18.Resolution Declaring Intent to Annex Territory: Community Facilities
District No. 2019-1 (Maintenance Services): Annexation No. 43, Tax Zone
No. 43 (Quick Quack 5th and G) (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino,
California, adopt Resolution No. 2024-068 of the Mayor and City Council of San
Bernardino, California, declaring its intention to annex territory into Community
Facilities District No. 2019-1 (Maintenance Services) of the City of San
Bernardino, adopting a map of the area proposed (Annexation No. 43); and
authorizing the levy of special taxes therein.
RESULT: ADOPTED RESOLUTION NO. 2024-068 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
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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 March 2024.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
19.Designation of the City of San Bernardino Authorized Agents for the
State of California Governor’s Office of Emergency Services (CalOES)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
California, adopt Resolution No. 2024-071, designating that the following
positions are authorized to execute for and on behalf of the City of San
Bernardino, a public entity established under the laws of the State of California,
the grant applications for CalOES.
1.The Deputy City Manager, or
2.The Director of Finance and Management Services, or
3.The Deputy Director of Finance, or
4.The Grants Division Manager, or
5.The Chief of Police
RESULT: ADOPTED RESOLUTION NO. 2024-071 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
20.Side Letter Agreement with San Bernardino Police Management
Association Regarding 401 (a) Plan Contributions
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-072, authorizing the City Manager to
execute a side letter agreement with the San Bernardino Police Management
Association regarding 401 (a) plan contributions and other language updates.
RESULT: ADOPTED RESOLUTION NO. 2024-072 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
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Adopt Resolution Approving Job Classifications and Amending the
City-wide Salary Schedule
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-073:
1.Amending the Administrative Analyst classification job series;
2.Establishing the Land Development Engineer job classification;
3.Amending the City-Wide Salary Schedule for full time, part-time,
temporary, and seasonal positions
RESULT: ADOPTED RESOLUTION NO. 2024-073 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
25.Award of Construction Agreement for Police Department HVAC Control
System and Valve Replacement (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-074:
xiv.Approve the award of an Agreement with Western Allied Corporation
in the amount of $325,550 for Police Department HVAC Control
System and Valve Replacement (Project);
xv.Authorize the project construction and construction contingencies
costs in the total amount of $ $358,105 for construction of the
Project;
xvi.Authorize the City Manager or designee to execute all documents
with Western Allied Corporation;
xvii.Authorize the Director of Finance and Management Services to
amend the FY 2023/24 CIP budget with an additional $15,000 from
the Law Enforcement Facilities Fund balance to bring the total
project budget to $365,000; and
xviii.Authorize the City Manager or designee to expend the
contingency fund, if necessary, to complete the project.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
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Approve Contract Amendment No.4 with Kabbara Engineering for the
Pepper Avenue Rehabilitation Project (Wards 3, 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the execution of Amendment No. 4 to the Professional
Services Agreement with Kabbara Engineering in the amount of $10,000, for
additional construction engineering support services, for a total contract amount
of $265,531 for Pepper Avenue Rehabilitation Project.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
26.Purchase of Police Vehicles (All Wards)
Recommendation:
It is recommended the Mayor and City Council of the City of San Bernardino,
California, authorize:
1.The City Manager to execute a Goods Purchase Agreement with
Fairview Ford for the purchase of Police Vehicles, and
2.The Director of Finance and Management Services to issue a purchase
order to Fairview Ford Sales, not to exceed $810,000.
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
27.Acceptance of Fiscal Year 2022 Emergency Management Performance
Grant (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-076, authorizing:
1.The acceptance of the Fiscal Year 2022 Emergency Management
Performance Grant; and
2.The amendment of the Fiscal Year 2023/2024 Adopted Budget in both
revenue and expenditures by $40,866.
RESULT: ADOPTED RESOLUTION NO. 2024-076 [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT:Kimberly Calvin
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Mayor and City Council of the City of San Bernardino Page 18
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
At this time the Mayor and City Council provided updates to the community. Highlights
included the Grand Opening of the 5th Street Gateway project, the need for more sworn
officers and support staff, the Cambodian New Year, the start of National Orange Show
Fair, and San Bernardino’s Soul Pointe induction into the California Music Hall of Fame.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, April 17,
2024, at 9:29 p.m. The Mayor and City Council and the Mayor and City Council Acting
as the Successor Agency to the Redevelopment Agency will adjourn to the Regular
Meeting on May 1, 2024, at the Feldheym Central Library located at 555 West 6th
Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and
the Open Session will begin at 5:00 p.m.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:July 17, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Joshua Dramitinos, Deputy Director of Economic Development
Department:Economic Development
Subject:Adoption of Ordinance No. MC-1638 (Annexation 43 -
Quick Quack Car Wash) (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1638 amending Ordinance No. MC-1522 and
levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual
costs of the maintenance and servicing of landscaping, lighting, water quality
improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve
fund for capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
Executive Summary
The recommended action is the final step of the annexation process for the proposed
development into Community Facilities District (CFD) No. 2019-1 (Maintenance
Services). The property owner has petitioned the City to annex into the City’s CFD to
mitigate its impact for maintenance service of public facilities as a result of the new
development. The Public Hearing was held on June 5, 2024, approving the annexation
and conducted the first reading of the Ordinance. The special taxes will be levied
annually to offset general fund expenditures related to maintenance of public
improvements within and for the benefit of the development.
Background
On April 17, 2024, the Mayor and City Council adopted Resolution No. 2024-068, a
Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
On June 5, 2024, the Mayor and City Council adopted Resolution No. 2024-112 calling
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an election to submit to the qualified electors the question of levying a special tax within
the area proposed to be annexed to Community Facilities District No. 2019-1
(Annexation No. 43), and adopted Resolution No. 2024-113 declaring election results
for Community Facilities District No. 2019-1 (Annexation No. 43).
Discussion
On June 5, 2024, Ordinance No. MC-1638 was introduced for first reading to the Mayor
and City Council. The Ordinance is now being returned to the Mayor and City Council
for adoption. The Ordinance will become effective 30 days from the date of adoption.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
There is no fiscal impact to the City. All costs associated with annexation into the CFD
have been borne by the Developer.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1638 amending Ordinance No. MC-1522 and
levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual
costs of the maintenance and servicing of landscaping, lighting, water quality
improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve
fund for capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
Attachments
Attachment 1 – Ordinance No. MC-1638 (Ordinance Levying Special Taxes)
Attachment 2 – Exhibit A – Description of Services
Attachment 3 – Exhibit B – Description of Territory
Attachment 4 – Project Location Map
Attachment 5 – Ordinance No. MC-1522
Ward:
First Ward
Synopsis of Previous Council Actions:
June 5, 2019 - Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello-
Roos Community Facilities Act of 1982.”
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July 17, 2019 - Mayor and City Council adopted Resolution No. 2019-178
establishing Community Facilities District No. 2019-1; Resolution No.
2019-179 declaring election results for Community Facilities District
No. 2019-1; and conducted the first reading of Ordinance No. MC-
1522 levying special taxes to be collected during FY 2019-20 to pay
annual costs of maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
August 7, 2019 - Mayor and City Council conducted the final reading of Ordinance No.
MC-1522 levying special taxes to be collected during FY 2019-20 to
pay annual costs of maintenance, services and expenses with
respect to Community Facilities District No. 2019-1.
April 17, 2024 - Mayor and City Council adopted Resolution No. 2024-068, a
Resolution of Intention to annex territory into Community Facilities
District No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the provisions
of the “Mello-Roos Community Facilities Act of 1982.”
June 5, 2024 - Mayor and City Council adopted Resolution No. 2024-112 calling an
election to submit to the qualified electors the question of levying a
special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Annexation No. 43), and adopted
Resolution No. 2024-113 declaring election results for Community
Facilities District No. 2019-1 (Annexation No. 43); and introduced
Ordinance No. MC-1638 amending Ordinance No. MC-1522.
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Ordinance No. MC-1638
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ORDINANCE NO. MC-1638
AN ORDINANCE 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 2023-2024 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community
facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services), County of San Bernardino, State of California" (the "Community
Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government
Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and
fixing the time and place for a public hearing on the formation of the Community Facilities District;
and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on June 5, 2024, at the time and place specified in said published and mailed
notice, the City Council opened and held a public hearing as required by law relative to the
formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
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Ordinance No. MC-1638
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the proposition of levying a special tax, and establishing an appropriations limit within the District;
and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino
levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement,
and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution
No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. 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 5.Effective Date. This ordinance shall become effective 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 17th day of July 2024.
Helen Tran, Mayor
City of San Bernardino
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Ordinance No. MC-1638
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1638, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the 5th day of June 2024. Ordinance No. MC-1638 was approved, passed
and adopted at a regular meeting held the 17th day of July 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:July 17, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Joshua Dramitinos, Deputy Director of Economic Development
Department:Economic Development
Subject:Adoption of Ordinance No. MC-1639 (Annexation 44 -
Everhome Suites)(Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1639 amending Ordinance No. MC-1522 and
levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual
costs of the maintenance and servicing of landscaping, lighting, water quality
improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve
fund for capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
Executive Summary
The recommended action is the final step of the annexation process for the proposed
development into Community Facilities District (CFD) No. 2019-1 (Maintenance
Services). The property owner has petitioned the City to annex into the City’s CFD to
mitigate its impact for maintenance service of public facilities as a result of the new
development. The Public Hearing was held on June 5, 2024, approving the annexation
and conducted the first reading of the Ordinance. The special taxes will be levied
annually to offset general fund expenditures related to maintenance of public
improvements within and for the benefit of the development.
Background
On April 17, 2024, the Mayor and City Council adopted Resolution No. 2024-069, a
Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
On June 5, 2024, the Mayor and City Council adopted Resolution No. 2024-114 calling
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an election to submit to the qualified electors the question of levying a special tax within
the area proposed to be annexed to Community Facilities District No. 2019-1
(Annexation No. 44), and adopted Resolution No. 2024-115 declaring election results
for Community Facilities District No. 2019-1 (Annexation No. 44).
Discussion
On June 5, 2024, Ordinance No. MC-1639 was introduced for first reading to the Mayor
and City Council. The Ordinance is now being returned to the Mayor and City Council
for the final reading and adoption. The Ordinance will become effective 30 days from
the date of adoption.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All
costs associated with annexing property into the District has been borne by the
Property Owner.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1639 amending Ordinance No. MC-1522 and
levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual
costs of the maintenance and servicing of landscaping, lighting, water quality
improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve
fund for capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
Attachments
Attachment 1 – Ordinance No. MC-1639 (Ordinance Levying Special
Taxes)
Attachment 2 – Exhibit A – Description of Services
Attachment 3 – Exhibit B – Description of Territory
Attachment 4 – Project Location Map
Attachment 5 – Ordinance No. MC-1522
Ward:
Third Ward
Synopsis of Previous Council Actions:
June 5, 2019 - Mayor and City Council adopted Resolution No. 2019-81, a Resolution
of Intention to form Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution
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of Intention”), pursuant to the provisions of the “Mello-Roos Community
Facilities Act of 1982.”
July 17, 2019 - Mayor and City Council adopted Resolution No. 2019-178 establishing
Community Facilities District No. 2019-1; Resolution No. 2019-179
declaring election results for Community Facilities District No. 2019-1;
and conducted the first reading of Ordinance No. MC-1522 levying
special taxes to be collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 - Mayor and City Council conducted the final reading of Ordinance No.
MC-1522 levying special taxes to be collected during FY 2019-20 to
pay annual costs of maintenance, services and expenses with respect
to Community Facilities District No. 2019-1.
April 17, 2024 - Mayor and City Council adopted Resolution No. 2024-069, a Resolution
of Intention to annex territory into Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello-Roos
Community Facilities Act of 1982.”
June 5, 2024 - Mayor and City Council adopted Resolution No. 2024-114 calling an
election to submit to the qualified electors the question of levying a
special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Annexation No. 44) and adopted
Resolution No. 2024-115 declaring election results for Community
Facilities District No. 2019-1 (Annexation No. 44); and introduced
Ordinance No. MC-1639 amending Ordinance No. MC-1522.
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ORDINANCE NO. MC-1639
AN ORDINANCE 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 2023-2024 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community
facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services), County of San Bernardino, State of California" (the "Community
Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government
Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and
fixing the time and place for a public hearing on the formation of the Community Facilities District;
and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on June 5, 2024, at the time and place specified in said published and mailed
notice, the City Council opened and held a public hearing as required by law relative to the
formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
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the proposition of levying a special tax, and establishing an appropriations limit within the District;
and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino
levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement,
and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution
No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3. Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4. Authorization to Publish Ordinance. 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 5. Effective Date. This ordinance shall become effective 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 , 2024.
Helen Tran, Mayor
City of San Bernardino
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Ordinance No. MC-1639
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1639, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the day of , 2024. Ordinance No. MC-1639 was approved,
passed and adopted at a regular meeting held the day of , 2024 by the following vote:
Council Members:AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this day of , 2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:July 17, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Joshua Dramitinos, Deputy Director of Economic Development
Department:Economic Development
Subject:Adoption of Ordinance No. MC-1640 (Annexation 45 -
GWS#8) (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1640 amending Ordinance No. MC-1522 and
levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual
costs of the maintenance and servicing of landscaping, lighting, water quality
improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve
fund for capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
Executive Summary
The recommended action is the final step of the annexation process for the proposed
development into Community Facilities District (CFD) No. 2019-1 (Maintenance
Services). The property owner has petitioned the City to annex into the City’s CFD to
mitigate its impact for maintenance service of public facilities as a result of the new
development. The Public Hearing was held on June 5, 2024, approving the annexation
and conducted the first reading of the Ordinance. The special taxes will be levied
annually to offset general fund expenditures related to maintenance of public
improvements within and for the benefit of the development.
Background
On April 17, 2024, the Mayor and City Council adopted Resolution No. 2024-070, a
Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
On June 5, 2024, the Mayor and City Council adopted Resolution No. 2024-116 calling
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an election to submit to the qualified electors the question of levying a special tax within
the area proposed to be annexed to Community Facilities District No. 2019-1
(Annexation No. 45), and adopted Resolution No. 2024-117 declaring election results
for Community Facilities District No. 2019-1 (Annexation No. 45).
Discussion
On June 5, 2024, Ordinance No. MC-1640 was introduced for first reading to the Mayor
and City Council. The Ordinance is now being returned to the Mayor and City Council
for adoption. The Ordinance will become effective 30 days from the date of adoption.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
There is no fiscal impact to the City. All costs associated with annexation into the CFD
have been borne by the Developer.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1640 amending Ordinance No. MC-1522 and
levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual
costs of the maintenance and servicing of landscaping, lighting, water quality
improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve
fund for capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
Attachments
Attachment 1 – Ordinance No. MC-1640 (Ordinance Levying Special Taxes)
Attachment 2 – Exhibit A – Description of Services
Attachment 3 – Exhibit B – Description of Territory
Attachment 4 – Project Location Map
Attachment 5 – Ordinance No. MC-1522
Ward:
Third Ward
Synopsis of Previous Council Actions:
June 5, 2019 - Mayor and City Council adopted Resolution No. 2019-81, a Resolution
of Intention to form Community Facilities District No. 2019-1 (Maintenance Services)
of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions
of the “Mello-Roos Community Facilities Act of 1982.”
July 17, 2019 - Mayor and City Council adopted Resolution No. 2019-178 establishing
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Community Facilities District No. 2019-1; Resolution No. 2019-179
declaring election results for Community Facilities District No. 2019-1;
and conducted the first reading of Ordinance No. MC-1522 levying
special taxes to be collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 - Mayor and City Council conducted the final reading of Ordinance No.
MC-1522 levying special taxes to be collected during FY 2019-20 to pay
annual costs of maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
April 17, 2024 - Mayor and City Council adopted Resolution No. 2024-070, a Resolution
of Intention to annex territory into Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello-Roos
Community Facilities Act of 1982.”
June 5, 2024 - Mayor and City Council adopted Resolution No. 2024-116 calling an
election to submit to the qualified electors the question of levying a
special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Annexation No. 45) and adopted
Resolution No. 2024-117 declaring election results for Community
Facilities District No. 2019-1 (Annexation No. 45); and introduced
Ordinance No. MC-1640 amending Ordinance No. MC-1522.
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ORDINANCE NO. MC-1640
AN ORDINANCE 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 2023-2024 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community
facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services), County of San Bernardino, State of California" (the "Community
Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government
Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and
fixing the time and place for a public hearing on the formation of the Community Facilities District;
and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on June 5, 2024, at the time and place specified in said published and mailed
notice, the City Council opened and held a public hearing as required by law relative to the
formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
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the proposition of levying a special tax, and establishing an appropriations limit within the District;
and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino
levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement,
and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution
No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. 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 5.Effective Date. This ordinance shall become effective 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 17th day of July 2024.
Helen Tran, Mayor
City of San Bernardino
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1640, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the 5th day of June, 2024. Ordinance No. MC-1640 was approved, passed
and adopted at a regular meeting held the 17th day of July 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:July 17, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Joshua Dramitinos, Deputy Director of Economic Development
Department:Economic Development
Subject:Resolution Declaring Intent to Amend Special Tax Rates:
Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 28, Tax Zone No. 29
(Verdemont Ranch) (Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024-152 of the Mayor and City Council of San Bernardino, California,
declaring its intention to amend the Special Tax rates for Annexation No. 28 into
Community Facilities District No. 2019-1 (Maintenance Services) of the City of San
Bernardino, and authorizing the levy of a special taxes therein.
Executive Summary
The recommended actions are the first step of the Special Tax rates amendment
process for the proposed development into Community Facilities District (“CFD”) No.
2019-1 (Maintenance Services). The property owner has petitioned the City to amend
the Special Tax rates for Tax Zone No. 29 of the City’s CFD No. 2019-1 to mitigate its
impacts for maintenance service of public facilities as a result of the new development.
The special taxes will be levied annually to offset general fund expenditures related to
maintenance of public improvements within and for the benefit of the development. At
build out, the development will include 20 detached single-family homes located at N
Little League Drive north of W Meyers Road.
Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81
initiating the formation of Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the
purpose of levying special taxes on parcels of taxable property to provide certain
services which are necessary to meet increased demands placed upon the City.
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On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178,
establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on
parcels of taxable property for the purpose of providing certain services which are
necessary to meet increased demands placed by development upon the City.
Discussion
On December 7, 2022, the City Council adopted Resolution No. 2022-263, a
Resolution of Intention to add Annexation Area No. 28 into CFD 2019-1, to authorize
the levy of special tax therein and to finance certain services.
On July 17, 2024, the City Council is being presented with a request to amend
Resolution No. 2022-263 and adjust the rates previously approved. The amended rates
will now include the maintenance of a Geogrid wall.
Development projects are subject to conditions of approval that require projects to
form/annex a maintenance district. These districts apply an annual fee or special tax
upon properties within the District which provide the revenue to offset the cost of
maintenance of the public improvements necessary to serve the development. The
Developer has agreed to initiate and conduct the CFD annexation proceedings
pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver"
form, which is on file in the City Clerk's office that authorizes the City to (1) hold the
election and declare election results; (2) shorten election time requirements; (3) waive
analysis and arguments; (4) waive all notice requirements relating to the conduct of the
election immediately following the public hearing.
The public facilities and services proposed to be financed within the territory to be
annexed to the District are the following:
1. Maintenance of median landscaping and other public improvements installed
within the public rights-of-way; and
2. Public lighting and appurtenant facilities, including street lights within public
rights-of-way and traffic signals; and
3. City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract administration
and for the collection of reserve funds.
The proposed development includes approximately 24.83 gross acres of a vacant
residential lot. The property is located at N Little League Drive north of W
Meyers Road. At build out, this development will include 20 detached single family
residential properties as a new Tax Zone No. 29 within CFD No. 2019-1, as shown in
the boundary map and included in the Resolution of Intention as Exhibit “D”. In order
to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be
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approved to identify the facilities to be maintained and establish the maximum special
tax for this Tax Zone. The Resolution of Intention shall also set the date and time for
the public hearing.
The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone
No. 29), is included as Exhibit “C” to the Resolution of Intention. The amended
maximum annual special tax for this development has been calculated to be $954 per
unit for FY 2024/25. Special Tax rate is proposed to escalate each year at the greater
of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a
maintenance exhibit to illustrate which services are being maintained by the CFD.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
Resolution declaring City intent to amend the Special Tax rates for Annexation No.
28 of Community Facilities District No. 2019-1 including the rate and method of
apportionment of special taxes within the annexation area (the special tax applies
only to properties within the annexation area).
Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
Amend the Ordinance and order the levy and collection of special taxes in the
District.
The individual property owners in the CFD will be responsible for annual payments of
special taxes. Upon full completion of the development, it is estimated that there will be
an annual collection of special tax revenues of approximately $19,064 to be used to
pay for maintenance costs.
On March 1 of each year, every taxable unit for which a building permit has been issued
within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal
Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior
to buildout of the project, exceeds the special tax revenues available from parcels for
which building permits have been issued, then the special tax may also be applied to
property within recorded final subdivision maps, as well as other undeveloped property
within the boundaries of the CFD.
With the adoption of the Resolution of Intention, the Public Hearing would be scheduled
for September 4, 2024.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
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designed for long term economic growth.
Fiscal Impact
The cost of the annexation is approximately $19,064 which will be used to pay for
maintenance costs. All costs associated with the annexation will be paid by the
developer. There is no net impact to the City’s General Fund.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024-152 of the Mayor and City Council of San Bernardino, California,
declaring its intention to amend the Special Tax rates for Annexation No. 28 into
Community Facilities District No. 2019-1 (Maintenance Services) of the City of San
Bernardino, and authorizing the levy of a special taxes therein.
Attachments
Attachment 1 – Resolution 2024-152 - Resolution of Intention
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Amended Rate and Method of Apportionment
Attachment 5 – Exhibit D - Recorded Boundary Maps
Attachment 6 – Exhibit E - Signed Petition and Waiver
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:
Fifth Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District
No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of
1982”.
July 17, 2019 Resolution No. 2019-178 was adopted establishing
Community Facilities District No. 2019-1; Resolution No. 2019-
179 was adopted declaring election results for Community
Facilities District No. 2019-1; and first reading of Ordinance No.
MC-1522 levying special taxes to be collected during FY 2019-
20 to pay annual costs of maintenance, services and expenses
with respect to Community Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes
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to be collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
December 7, 2022 Mayor and City Council adopted Resolution No. 2022-263, a
Resolution of Intention to annex territory into Community
Facilities District No. 2019-1 (Maintenance Services) of the
City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community
Facilities Act of 1982”.
January 18, 2023 Mayor and City Council adopted Resolution No. 2023-001
calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to
be annexed to Community Facilities District No. 2019-1
(Annexation No. 28), and adopted Resolution No. 2023-002
declaring election results for Community Facilities District No.
2019-1 (Annexation No. 28); and introduced Ordinance No.
MC-1608 amending No. MC 1522.
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Resolution No. 2024-152
Resolution No. 2024-152
July 17, 2024
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RESOLUTION NO. 2024-152
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO AMEND THE SPECIAL
TAX RATES FOR ANNEXATION NO. 28 INTO
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN
BERNARDINO, AND AUTHORIZING THE LEVY OF A
SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”),
on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino
(the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of
taxable property therein for the purpose of providing certain services which are necessary to meet
increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the
landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex
territory to CFD No. 2019-1 and consenting to the shortening of election time requirements,
waiving analysis and arguments, and waiving all notice and word limit requirements for the ballot
relating to the conduct of the election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners
have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD
No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be
established.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Intent to Amend Special Tax Rates. The Mayor and City Council hereby
declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the
amendment of Special Tax rates for the annexation to the Community Facilities District of the
territory described in Exhibit A attached hereto. The Mayor and City Council determines that the
public convenience and necessity require that such territory be annexed to the Community
Facilities District.
SECTION 2.Name of the Community Facilities District. The name of the existing
community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance
Services)”.
SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The
territory proposed to be annexed are included within the boundaries within which property may
annex to CFD No. 2019-1 and are more particularly described and shown on that certain map
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Resolution No. 2024-152
Resolution No. 2024-152
July 17, 2024
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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community
Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the
County of San Bernardino. The territory annexed to the CFD No. 2019-1 is described in Exhibit
A attached hereto and by this reference made a part hereof. Such territory is also shown and
described on the map thereof entitled "Annexation Map No. 28, Community Facilities District No.
2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of
California," which is on file with the City Clerk (the "Annexation Map") as recorded on December
8, 2022 in Book 90 of Maps of Assessment and Community Facilities Districts, at Page 86, and as
Document No. 2022-0393680 in the official records of the County of San Bernardino and attached
hereto as Exhibit D.
SECTION 4.Description of Authorized Services. The services proposed to be financed
by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of
providing the Services includes “incidental expenses,” which include costs associated of CFD No.
2019-1, determination of the amount of special taxes, collection or payment of special taxes, or
costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The
Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided
in the territory of CFD No. 2019-1 and do not supplant services already available within that
territory.
SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a
special tax sufficient to pay the costs of the Services (including incidental expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be
levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of
collection of the special tax are specified in Exhibit C.
SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets
and Highways Code, the Mayor and City Council adopted the Annexation Map as the map of the
area proposed to be annexed to the CFD No. 2019-1, which is on file with the City Clerk as
recorded on December 8, 2022 in Book 90 of Maps of Assessment and Community Facilities
Districts, at Page 86, and as Document No. 2022-0393680 in the official records of the County of
San Bernardino.
SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 5:00 p.m., or as
soon thereafter as practicable, on Wednesday, September 4, 2024, at the Bing Wong Auditorium
of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California,
92410, as the time and place when and where the Mayor and City Council will conduct a public
hearing on the proposed annexation of the said territory to the CFD No. 2019-1.
SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or
cause to be published, a notice of said public hearing, in substantially the form attached hereto as
Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-
1. The publication of said notice shall be completed at least seven days prior to the date herein
fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of
the Act.
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Resolution No. 2024-152
Resolution No. 2024-152
July 17, 2024
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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday, September 4,
2024 to call the election on the annexation for the same date, pursuant to waiver of election time
limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail
to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot, the full
text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet
mailed to each qualified elector. A copy of the waiver and consent form signed by the property
owner is attached hereto as Exhibit E and incorporated herein by this reference.
SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 11. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 12. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-152
Resolution No. 2024-152
July 17, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-152, adopted at a regular meeting held on the 17th day of July 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:July 17, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
C. Jeannie Fortune, Interim Director of Finance & Management
Services
Department:Finance & Management Services
Subject:Fiscal Year 2024-25 Special Tax Levies for Previously
Formed Community Facilities Districts (Wards 3 and 5)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2024-158 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year
2024-25 to Pay the Annual Cost of Public Safety Services and Administrative
Expenses within Community Facilities District No. 2018-1 (Safety Services) of the City
of San Bernardino;
2. Adopt Resolution No. 2024-159 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year
2024-25 to Pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No 2018-2 (Verdemont
Ranch) of the City of San Bernardino;
3. Adopt Resolution No. 2024-160 of the Mayor and City Council of the City of San
Bernardino, California Levying Special Taxes to be Collected During Fiscal Year 2024-
25 to Pay the Annual Cost of Maintenance Services and Administrative Expenses
within Community Facilities District No. 2019-1 (Maintenance Services) of the City of
San Bernardino;
4. Adopt Resolution No. 2024-161 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year
2024-25 to Pay for Facilities or to Pay Principal and Interest on Bonds and
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Administrative Expenses within Community Facilities District No. 2020-1 (Rancho
Palma) of the City of San Bernardino;
5. Adopt Resolution No. 2024-162 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year
2024-25 to pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No. 2021-1 (Ferree
Street) of the City of San Bernardino; and
6. Adopt Resolution No. 2024-163 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year
2024-25 to Pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No. 2022-2 (Palm) of the
City of San Bernardino.
Executive Summary
Adoption of the Resolutions are required in order to levy the special taxes in
accordance with the requirements of the County of San Bernardino and the State of
California. These Resolutions set the maximum FY 2024-25 CFD tax rates, which have
been determined pursuant to the Rate and Method of Apportionment of Special Tax
for each Community Facilities District.
Background
Community Facilities Districts (CFDs) are a type of special tax district formed when
property owners within a geographic area agree to impose an additional tax on property
in order to fund infrastructure improvements or services in their specific geographic
area.
The City Council has previously formed Community Facilities District Nos. 2018-1
(Safety Services), 2018-2 (Verdemont Ranch), 2019-1 (Maintenance Services), 2020-
1 (Rancho Palma), 2021-1 (Ferree Street), and 2022-2 (Palm), and adopted
ordinances authorizing the levy of special taxes within each Community Facilities
District.
Discussion
The special tax levies upon properties within Community Facilities District Nos. 2018-
2, 2020-1, 2021-1, and 2022-2 provide the revenue to pay the cost of facilities or to
pay debt service on bonds which may be issued for those community facilities districts.
The special tax levies on properties within Community Facilities District Nos. 2018-1
and 2019-1 provide the revenue to pay the cost of safety services (in the case of
Community Facilities District No. 2018-1), and to pay the costs of maintenance
services (in the case of Community Facilities District No. 2019-1). The amount of the
assessments which are proposed to be levied on all parcels of assessable land within
each Community Facilities District has been determined pursuant to the Rate and
Method of Apportionment of Special Tax for each Community Facilities District.
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Adoption of the Resolutions are required in order to levy the special taxes in
accordance with the requirements of the County of San Bernardino and the State of
California. These Resolutions set the maximum FY 2024-25 CFD tax rates, which have
been determined pursuant to the Rate and Method of Apportionment of Special Tax
for each Community Facilities District.
2021-2025 Strategic Targets and Goals
This project is consistent with Goal No 3.d. Improved Quality of Life: Improve the City’s
appearance, cleanliness, and attractiveness. This project will contribute to ensure that
the City is clean and attractive and provide infrastructure designed for long term
economic growth.
Fiscal Impact
There is no General Fund impact associated with this action.
The special tax levies upon properties within Community Facilities District Nos. 2018-
2, 2020-1, 2021-1, and 2022-2 provide the revenue to pay the cost of facilities or to
pay debt service on bonds which may be issued for those community facilities districts.
The special tax levies on properties within Community Facilities District Nos. 2018-1
and 2019-1 provide the revenue to pay the cost of safety services (in the case of
Community Facilities District No. 2018-1), and to pay the costs of maintenance
services (in the case of Community Facilities District No. 2019-1).
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2024-158 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2024-
25 to Pay the Annual Cost of Public Safety Services and Administrative Expenses
within Community Facilities District No. 2018-1 (Safety Services) of the City of San
Bernardino;
2. Adopt Resolution No. 2024-159 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2024-
25 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative
Expenses within Community Facilities District No 2018-2 (Verdemont Ranch) of the
City of San Bernardino;
3. Adopt Resolution No. 2024-160 of the Mayor and City Council of the City of San
Bernardino, California Levying Special Taxes to be Collected During Fiscal Year 2024-
25 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;
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4. Adopt Resolution No. 2024-161 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2024-
25 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;
5. Adopt Resolution No. 2024-162 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2024-
25 to pay for Facilities or to Pay Principal and Interest on Bonds and Administrative
Expenses within Community Facilities District No. 2021-1 (Ferree Street) of the City of
San Bernardino; and
6. Adopt Resolution No. 2024-163 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2024-
25 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative
Expenses within Community Facilities District No. 2022-2 (Palm) of the City of San
Bernardino.
Attachments
Attachment 1 – Resolution 2024-158 CFD 2018-1 Safety Services
Attachment 2 – CFD 2018-1 Exhibit A
Attachment 3 – Resolution 2024-159 CFD 2018-2 Verdemont Ranch
Attachment 4 – CFD 2018-2 Exhibit A
Attachment 5 – Resolution 2024-160 CFD 2019-1 Maintenance Services
Attachment 6 – CFD 2019-1 Exhibit A
Attachment 7 – Resolution 2024-161 CFD 2020-1 Rancho Palma
Attachment 8 – CFD 2020-1 Exhibit A
Attachment 9 – Resolution 2024-162 CFD 2021-1 Ferree Street
Attachment 10 – CFD-2021-1 Exhibit A
Attachment 11 – Resolution 2024-163 CFD 2022-2 Palm
Attachment 12 – CFD 2022-2 Exhibit A
Ward:
Third Ward; Fifth Ward
Synopsis of Previous Council Actions:
September 19, 2018 Adopted Resolution No. 2018-264 of the Mayor and City
Council of the City of San Bernardino, California,
establishing Community Facilities District No. 2018-1 of the
City of San Bernardino (Safety Services) (CFD 2018-1), and
to authorize the levy of a special tax on property within the
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District to pay the costs of providing public safety services.
September 19, 2018 Adopted Resolution No. 2018-266 of the Mayor and City
Council of the City of San Bernardino, California,
establishing Community Facilities District No. 2018-2
(Verdemont Ranch) (CFD 2018-2) of the City of San
Bernardino, authorizing the levy of a special tax to pay the
cost of acquiring or constructing certain facilities, and to pay
debt service on bonded indebtedness within the proposed
CFD No. 2018-2 of the City of San Bernardino.
July 17, 2019 Adopted Resolution No. 2019-178 of the Mayor and City
Council of the City of San Bernardino, California,
establishing Community Facilities District No. 2019-1
(Maintenance Services); calling an election for the purpose
of submitting the question of the levy of the proposed special
tax to the qualified electors of the proposed Community
Facilities District; authorizing the levy of special taxes; and
establishing the appropriations limit for the proposed
Community Facilities District.
August 5, 2020 Adopted Resolution No. 2020-195 of the Mayor and City
Council of the City of San Bernardino, California,
establishing Community Facilities District No. 2020-1
(Rancho Palma) of the City of San Bernardino, County of
San Bernardino, State of California, and the boundaries
thereof and approving a Funding and Acquisition
Agreement.
March 3, 2021 Adopted Resolution No. 2021-42 of the Mayor and City
Council of the City of San Bernardino, California,
establishing Community Facilities District No. 2021-1
(Ferree Street) of the City of San Bernardino, County of San
Bernardino, State of California, and the boundaries thereof
and approving a Funding and Acquisition Agreement.
October 5, 2022 Adopted Resolution No. 2022-212 of the Mayor and City
Council of the City of San Bernardino, California,
establishing Community Facilities District No. 2022-2 (Palm)
of the City of San Bernardino, County of San Bernardino,
State of California, and the boundaries thereof and
approving a Funding and Acquisition Agreement.
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Resolution No. 2024-158
Resolution 2024-158
July 17, 2024
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RESOLUTION NO. 2024-158
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2024-25 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
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City
Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment
of the annual cost of providing public safety services within Community Facilities District No.
2018-1 (Safety Services) of the City of San Bernardino, County of San Bernardino, State of
California (the “District”), and for the payment of administrative expenses incurred in connection
with the levy and collection of said special taxes; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may
by resolution provide for the levy of special taxes on parcels of taxable property in the District at
a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable
property in the District by ordinance, including Ordinance No. MC-1506, adopted on
October 3, 2018; and
WHEREAS, the special taxes will be levied for fiscal year 2024-25 on all parcels in each
category of developed property in the District on the same basis and at the same rate to pay the
cost of public safety services and for the payment of administrative expenses incurred in
connection with the levy and collection of said special taxes; and
WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year
2024-25 will not exceed the rates of the special taxes that have previously been levied by
ordinance;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
2024-25 fiscal year on all parcels of real property within the District which are subject to taxation,
which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government
Code, such special taxes shall be collected in the same manner as ordinary ad valorem property
taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien
priority in case of delinquency as is provided for ad valorem taxes.
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Resolution No. 2024-158
Resolution 2024-158
July 17, 2024
Page 2 of 3
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SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption
of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino
together with a request that the special taxes as levied hereby be collected on the tax bills for the
parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be
levied on and collected from the owners of said parcels.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
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Resolution No. 2024-158
Resolution 2024-158
July 17, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-158 adopted at a regular meeting held on the 17th day of July, 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of July,
2024.
___________________________________
Genoveva Rocha, CMC, City Clerk
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Resolution 2024-159
Resolution 2024-159
July 17, 2024
Page 1 of 3
RESOLUTION NO. 2024-159
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2024-25 TO PAY FOR FACILITIES OR TO
PAY PRINCIPAL AND INTEREST ON BONDS AND
ADMINISTRATIVE EXPENSES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2018-2 (VERDEMONT
RANCH) OF THE CITY OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City
Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment
of facilities or to pay principal of and interest on bonds within Community Facilities District No.
2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of
California (the “District”), and for the payment of administrative expenses incurred in connection
with the levy and collection of said special taxes; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may
by resolution provide for the levy of special taxes on parcels of taxable property in the District at
a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable
property in the District by ordinance, including Ordinance No. MC-1507, adopted on October 3,
2018; and
WHEREAS, the special taxes will be levied for fiscal year 2024-25 on all parcels in each
category of developed property in the District on the same basis and at the same rate to pay for
facilities or to pay principal and interest on bonds and for the payment of administrative expenses
incurred in connection with the levy and collection of said special taxes; and
WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year
2024-25 will not exceed the rates of the special taxes that have previously been levied by
ordinance;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
2024-25 fiscal year on all parcels of real property within the District which are subject to taxation,
which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government
Code, such special taxes shall be collected in the same manner as ordinary ad valorem property
taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien
priority in case of delinquency as is provided for ad valorem taxes.
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Resolution 2024-159
Resolution 2024-159
July 17, 2024
Page 2 of 3
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption
of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino
together with a request that the special taxes as levied hereby be collected on the tax bills for the
parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be
levied on and collected from the owners of said parcels.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
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Resolution 2024-159
Resolution 2024-159
July 17, 2024
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-159 adopted at a regular meeting held on the 17th day of July, 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of July,
2024.
___________________________________
Genoveva Rocha, CMC, City Clerk
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Resolution 2024-160
Resolution 2024-160
July 17, 2024
Page 1 of 3
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RESOLUTION NO. 2024-160
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2024-25 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
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City
Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment
of the annual cost of providing maintenance services within Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California (the “District”), and for the payment of administrative expenses incurred in connection
with the levy and collection of said special taxes; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may
by resolution provide for the levy of special taxes on parcels of taxable property in the District at
a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable
property in the District by ordinance, including Ordinance No. MC-1522, adopted on July 17,
2019; and
WHEREAS, the special taxes will be levied for fiscal year 2024-25 on all parcels in each
category of developed property in the District on the same basis and at the same rate to pay the
cost of maintenance services and for the payment of administrative expenses incurred in
connection with the levy and collection of said special taxes; and
WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year
2024-25 will not exceed the rates of the special taxes that have previously been levied by
ordinance;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
2024-25 fiscal year on all parcels of real property within the District which are subject to taxation,
which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government
Code, such special taxes shall be collected in the same manner as ordinary ad valorem property
taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien
priority in case of delinquency as is provided for ad valorem taxes.
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Resolution 2024-160
Resolution 2024-160
July 17, 2024
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SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption
of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino
together with a request that the special taxes as levied hereby be collected on the tax bills for the
parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be
levied on and collected from the owners of said parcels.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
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Resolution 2024-160
Resolution 2024-160
July 17, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-160 adopted at a regular meeting held on the 17th day of July, 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of July,
2024.
___________________________________
Genoveva Rocha, CMC, City Clerk
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Resolution 2024-161
Resolution 2024-161
July 17, 2024
Page 1 of 3
RESOLUTION NO. 2024-161
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2024-25 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
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City
Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment
of facilities or to pay principal of and interest on bonds within Community Facilities District No.
2020-1(Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of
California (the “District”), and for the payment of administrative expenses incurred in connection
with the levy and collection of said special taxes; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may
by resolution provide for the levy of special taxes on parcels of taxable property in the District at
a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable
property in the District by ordinance, including Ordinance No. MC-1540, adopted on August 19,
2020; and
WHEREAS, the special taxes will be levied for fiscal year 2024-25 on all parcels in each
category of developed property in the District on the same basis and at the same rate to pay for
facilities or to pay principal and interest on bonds and for the payment of administrative expenses
incurred in connection with the levy and collection of said special taxes; and
WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year
2024-25 will not exceed the rates of the special taxes that have previously been levied by
ordinance;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
2024-25 fiscal year on all parcels of real property within the District which are subject to taxation,
which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government
Code, such special taxes shall be collected in the same manner as ordinary ad valorem property
taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien
priority in case of delinquency as is provided for ad valorem taxes.
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Resolution 2024-161
July 17, 2024
Page 2 of 3
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption
of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino
together with a request that the special taxes as levied hereby be collected on the tax bills for the
parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be
levied on and collected from the owners of said parcels.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
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Resolution 2024-161
Resolution 2024-161
July 17, 2024
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-_____ adopted at a regular meeting held on the 17th day of July, 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of July,
2024.
___________________________________
Genoveva Rocha, CMC, City Clerk
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Resolution 2024-162
Resolution 2024-162
July 17, 2024
Page 1of 3
RESOLUTION NO. 2024-162
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2024-25 TO PAY FOR FACILITIES OR TO
PAY PRINCIPAL AND INTEREST ON BONDS AND
ADMINISTRATIVE EXPENSES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2021-1 (FERREE STREET) OF
THE CITY OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City
Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment
of facilities or to pay principal of and interest on bonds within Community Facilities District No.
2021-1 (Ferree Street) of the City of San Bernardino, County of San Bernardino, State of California
(the “District”), and for the payment of administrative expenses incurred in connection with the
levy and collection of said special taxes; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may
by resolution provide for the levy of special taxes on parcels of taxable property in the District at
a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable
property in the District by ordinance, including Ordinance No. MC-1555, adopted on April 7,
2021; and
WHEREAS, the special taxes will be levied for fiscal year 2024-25 on all parcels in each
category of developed property in the District on the same basis and at the same rate to pay for
facilities or to pay principal and interest on bonds and for the payment of administrative expenses
incurred in connection with the levy and collection of said special taxes; and
WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year
2024-25 will not exceed the rates of the special taxes that have previously been levied by
ordinance;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
2024-25 fiscal year on all parcels of real property within the District which are subject to taxation,
which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government
Code, such special taxes shall be collected in the same manner as ordinary ad valorem property
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Resolution 2024-162
July 17, 2024
Page 2of 3
taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien
priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption
of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino
together with a request that the special taxes as levied hereby be collected on the tax bills for the
parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be
levied on and collected from the owners of said parcels.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
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Resolution 2024-162
Resolution 2024-162
July 17, 2024
Page 3of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-162 adopted at a regular meeting held on the 17th day of July, 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of July,
2024.
___________________________________
Genoveva Rocha, CMC, City Clerk
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Resolution 2024-163
Resolution 2024-163
July 17, 2024
Page 1 of 3
RESOLUTION NO. 2024-163
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2024-25 TO PAY FOR FACILITIES OR TO
PAY PRINCIPAL AND INTEREST ON BONDS AND
ADMINISTRATIVE EXPENSES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY
OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City
Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment
of facilities or to pay principal of and interest on bonds within Community Facilities District No.
2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California (the
“District”), and for the payment of administrative expenses incurred in connection with the levy
and collection of said special taxes; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may
by resolution provide for the levy of special taxes on parcels of taxable property in the District at
a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable
property in the District by ordinance, including Ordinance No. MC-1598, adopted on
November 2, 2022; and
WHEREAS, the special taxes will be levied for fiscal year 2024-25 on all parcels in each
category of developed property in the District on the same basis and at the same rate to pay for
facilities or to pay principal and interest on bonds and for the payment of administrative expenses
incurred in connection with the levy and collection of said special taxes; and
WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year
2024-25 will not exceed the rates of the special taxes that have previously been levied by
ordinance;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
2024-25 fiscal year on all parcels of real property within the District which are subject to taxation,
which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government
Code, such special taxes shall be collected in the same manner as ordinary ad valorem property
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Resolution 2024-163
July 17, 2024
Page 2 of 3
taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien
priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption
of this resolution transmit a copy hereof to the County Auditor of the County of San Bernardino
together with a request that the special taxes as levied hereby be collected on the tax bills for the
parcels identified in Exhibit “A” hereto, along with the ordinary ad valorem property taxes to be
levied on and collected from the owners of said parcels.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
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Resolution 2024-163
Resolution 2024-163
July 17, 2024
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-163 adopted at a regular meeting held on the 17th day of July, 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of July,
2024.
___________________________________
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:July 17, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill Director of Public Works, Operations and
Maintenance
Department:Public Works
Subject:Approving Amendment No. 3 to Cooperative
Agreement No. 19-1002205 with the San Bernardino
County Transportation Authority (SBCTA) for the
Interstate 215/University Parkway Interchange Project
(SS04-019) (Wards 5,6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution 2024-154:
1. Authorizing the City Manager to execute Amendment No. 3 to Cooperative
Agreement No. 19-1002205 with the San Bernardino County Transportation
Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project
(SS04-019); and
2. Authorizing the Agency Director of Finance and Management Services to amend the
Interstate 215/University Parkway Interchange Project budget in the amount of
$403,743 through the Measure I (129) Fund Balance remaining
Executive Summary
The primary objective of the Diamond Divergent Interchange project focuses on
optimizing traffic flow, enhancing safety coupled with improved operational efficiency,
and reducing congestion within the interchange for all users of the interchange. The
City has an existing Cooperative Agreement with SBCTA for the completion of the
project. Amendment No. 3 to the agreement is necessary to continue the progress of
the project and allow the award of the construction contract. The total cost increase
included in Amendment No. 3 to be paid by the City is $403,743.
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Background
The Interstate 215/University Parkway Interchange Project will improve freeway
access and relieve traffic congestion on University Parkway due to high traffic volumes
and heavy left turn movements onto the southbound I-215 Freeway. In October 2016,
the City completed a Project Study Report - Project Development Support (PSR-PDS)
recommending a Diverging Diamond Interchange (DDI) configuration as one
alternative to address the traffic needs at the interchange.
On October 26, 2015, the Mayor and City Council approved Resolution No. 2015-233
and Cooperative Agreement No. 16-1001335, which provides that upon completion of
the PSR-PDS and acceptance by Caltrans, the project will be turned over to San
Bernardino County Transportation Authority (SBCTA) for Project Management and
delivery.
On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-161 and
Cooperative Agreement No.19-1002205, which assumed the terms and conditions of
Cooperative Agreement No. 16-1001335. During discussions with SBCTA, it was
discovered that Cooperative Agreement No.16-1001335 had inadvertently terminated
on June 29, 2018. Therefore, SBCTA recommended a new cooperative agreement to
replace and continue after the termination date of Cooperative Agreement No.16-
1001335. Cooperative Agreement No. 19-1002205 also reflected an increase in the
estimated cost for the Project Approval and Environmental Document (PAED) and
Plans, Specifications, and Estimates (PS&E) phases which included estimated costs
for the Construction phase.
On May 5, 2022, the City approved Amendment No.1 to Cooperative Agreement No.
19-1002205 to reflect cost increases in design costs and for the Right-of-Way phase
of the project in the amount of $396,437 addressing estimated settlement costs for
acquisition of rights needed to construct and operate the project. At the time, since
project design was only at 65% level, City staff and SBCTA agreed to defer any
estimated forecasted final construction cost increases to such a time when 100% final
plans have been completed.
On October 18, 2023, the Mayor and City Council approved Resolution No. 2023-159
and Amendment No. 2 to Cooperative Agreement No.19-1002205 to increase the
Interstate 215/University Parkway Interchange Project budget in the amount of
$864,908 through the General Fund Balance. This amendment was to cover the
estimate costs of several Project design updates and refinements as part of the
progression of project design as reflected in the draft plans and to also cover escalated
costs of materials and labor then. At this time, the engineer’s estimate for construction
was $15.5 million.
Measure I Fund, approved in 1989, authorized SBCTA to impose a one-half of one
percent retail transaction and use tax, applicable throughout the County from April 1,
1990, to March 31, 2010. Known as the 1/2-Cent Sales and Road Tax (Measure I), this
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tax was extended in November 2004 for an additional 30 years, from April 1, 2010,
through March 31, 2040.
Measure I fund, known as Local Pass-Through funds, must be used exclusively for
transportation improvements, including local streets, major highways, state highways,
transit, and other projects that optimize transportation facilities. The expenditure of
these funds is based on a Five-Year Measure I Capital Improvement Plan (MICIP),
adopted annually by each jurisdiction’s governing body after public review and
comment. This project was included in the list of projects adopted on October 4, 2023.
Discussion
SBCTA is requesting that the City approve Amendment No. 3 to Cooperative
Agreement No.19-1002205 for the Interstate 215 University Parkway Interchange
Project. The revised total amount of SBCTA’s project contribution is $16,387,882 and
the City’s contribution is $3,645,161. The total amount of buy-down funds, comprising
of various federal funds is $5,735,000.
In February 2024, the project received its Right of Way certification, and in March 2024,
the project received its design approval. On May 15, 2024, the project was advertised
and on June 12, 2024, the bids were opened. SBCTA received three bids ranging
from a low bid of $16.9 million to a high bid of $17.9 million. SEMA Construction Inc.
has been chosen as the apparent low bidder.
The higher than anticipated bid has caused the total Project cost to increase over the
currently authorized amount in the cooperative agreement with SBCTA. Along with
some cost increases in the final design phase and taking into account savings from
the Right of Way phase, the total Project cost increase is $2,555,333 which will be
funded with an increase of Measure I funds of $2,151,590 and City Measure I (Pass
Through) funds of $403,743.
An amendment to Cooperative Agreement No.19-1002205 will be necessary to
maintain the project schedule and allow award of the contract later this month.
Construction is expected to begin in October 2024 and will continue through fall of
2025 before a one-year landscape plant establishment period can begin.
The project bidders and the amount of their bids as follows:
Vendor Bid Amount
SEMA Construction Inc.$16,876,360.62
Riverside Construction Company Inc.$17,349,713.39
SULLY-MILLER $17,911,377.05
The construction phase of the project is funded with approximately $3.1M of federal
funds, which buys down the cost for the City and SBCTA. Cost increases in this
amendment will be funded with City’ share at 15.8% and SBCTA Measure I fund at
84.2%.
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The table below shows Project Funding Details:
Original Coop Agreement $1,995,621.00 Measure I
Amendment No. 1 $396,437.00 Measure I ROW
Amendment No. 2 $864,908.00 General Fund
Engineers
Estimate
Current Adopted Budget $3,241,418.00
Amendment No. 3 $403,743.00 Total Shortfall
Total City's Share for
Project $3,645,161.00
The budget for the proposed work was initially established using Measure I funds from
FY 2022/23, amounting to $1,995,621. Amendment No. 1 addressed the Right-of-Way
phase, adding an additional $396,437 from Measure I funds. Subsequently,
Amendment No. 2, approved through FY 2023/24 and Resolution 2023-159,
authorized $864,908 from the general fund. This brought the project’s total balance to
$3,241,418.
Amendment No. 3 to Cooperative Agreement No. 19-1002205 increases the total
project cost from $3,241,418 to $3,645,161, resulting in an additional cost increase of
$403,743.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 4: Economic Growth & Development.
This project will contribute to ensure that the City is clean and attractive and provides
an infrastructure designed for long term economic growth.
Fiscal Impact
There is no General Fund Impact associated with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution 2024-154:
1. Authorizing the City Manager to execute Amendment No. 3 to Cooperative
Agreement No. 19-1002205 with the San Bernardino County Transportation
Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project
(SS04-019); and
2. Authorizing the Agency Director of Finance and Management Services to amend the
Interstate 215/University Parkway Interchange Project budget in the amount of
$403,743 through the Measure I (129) Fund Balance.
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Attachments
Attachment 1 Resolution 2024-154
Attachment 2 Amendment No. 3 to Cooperative Agreement No.19-1002205
Attachment 3 Amendment No. 2 to Cooperative Agreement No.19-1002205
Attachment 4 Amendment No. 1 to Cooperative Agreement No.19-1002205
Attachment 5 Cooperative Agreement No.19-1002205
Ward: 5, 6
Synopsis of Previous Council Actions:
December 6, 2004 Mayor and City Council adopted Resolution No. 2004-383
approving Agreement with TY Lin International to provide a
PSR/PR document for the University Parkway/ Interstate 215
Interchange Southbound Loop Entrance Ramp project (SS04-
19)
July 16, 2007 Mayor and City Council adopted Resolution No. 2007-257
approving Amendment No. 1 with TY Lin International to
provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
February 19, 2008 Mayor and City Council dropped Resolution No. 2008-60
approving Amendment No. 2 with TY Lin International to
provide PSR/ PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
May 19, 2008 Mayor and City Council adopted Resolution No. 2008-152
approving Amendment No. 3 with TY Lin International to
provide PSR/ PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
July 6, 2009 Mayor and City Council adopted Resolution No. 2009-199
approving Amendment No. 4 with TY Lin International to
provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
October 19, 2015 Mayor and City Council adopted Resolution No. 2015-233
approving a Memorandum of Understanding (MOU) No.15-
1001217 and Cooperative Agreement No. 16-1001335 with
SANBAG for Project Management of the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
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September 6, 2016 Mayor and City Council adopted Resolution No. 2016-191
approving Amendment No.1 to Cooperative Agreement No.
16-1001335 with San Bernardino County Transportation
Commission (Authority) for the Interstate 215/University
Parkway Interchange Project (SS04-19).
June 19, 2019 Mayor and City Council adopted Resolution No. 2019-161
approving Cooperative Agreement No. 19-1002205 with San
Bernardino County Transportation Commission (Authority) for
the Interstate 215/University Parkway Interchange Project
(SS04-19).
May 4, 2022 Mayor and City Council approving Amendment No.1 to
Cooperative Agreement No. 19-1002205 with San Bernardino
County Transportation Commission (Authority) for the
Interstate 215/University Parkway Interchange Project (SS04-
19).
October 18, 2023 Mayor and City Council adopted Resolution 2023-159
approving Amendment No.2 to Cooperative Agreement No.
19-1002205 with San Bernardino County Transportation
Commission (Authority) for the Interstate 215/University
Parkway Interchange Project (SS04-19).
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Resolution No. 2024-154
Resolution 2024-154
July 17th, 2024
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RESOLUTION NO. 2024-154
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT
NO. 19-1002205 WITH THE SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY (SBCTA) FOR THE
INTERSTATE 215/UNIVERSITY PARKWAY
INTERCHANGE PROJECT (SS04-019); AND
AUTHORIZING THE AGENCY DIRECTOR OF FINANCE
AND MANAGEMENT SERVICES TO AMEND THE
INTERSTATE 215/UNIVERSITY PARKWAY
INTERCHANGE PROJECT BUDGET IN THE AMOUNT OF
$403,743 THROUGH THE MEASURE I (129) FUND
BALANCE.
WHEREAS, the I-215/University Parkway Project received bids for construction on June
12, 2024, and SBCTA received three bids for the construction of the interchange; and
WHEREAS, the three bids received on June 12, 2024, for the construction of the project
came in above the engineer’s estimate, resulting in the need for Amendment No. 3 to the
Cooperative Agreement No. 19-1002205
WHEREAS, the City is requesting $403,743 from Measure I (129) for Amendment No. 3
to the Cooperative Agreement No. 19-1002205 to continue the progress of the project and allow
the award of the construction contract.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorize the City Manager to execute
Amendment No. 3 to Cooperative Agreement No. 19-1002205 with the San Bernardino County
Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project
(SS04-019); and
SECTION 3. The Mayor and City Council authorize the Agency Director of Finance and
Management Services to amend the Interstate 215/University Parkway Interchange Project budget
in the amount of $403,743 through the Measure I (129) Fund Balance.
SECTION 4.The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
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Resolution No. 2024-154
Resolution 2024-154
July 17th, 2024
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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 provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of July 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-154
Resolution 2024-154
July 17th, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-154, adopted at a regular meeting held on the 17th day of July 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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Amendment No. 3 to 19-1002205
AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT NO 19-1002205
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
FOR
PROJECT REPORT AND ENVIRONMENTAL DOCUMENT (PA/ED),
PLANS, SPECIFICATIONS AND ESTIMATES (PS&E), RIGHT-OF-WAY (ROW),
AND CONSTRUCTION PHASES FOR THE INTERCHANGE AT UNIVERSITY
PARKWAY AND INTERSTATE 215 (I-215) IN THE CITY OF SAN BERNARDINO
I. PARTIES
A. This Amendment No. 3 to Agreement 19-1002205 (AGREEMENT) is made by and
between the San Bernardino County Transportation Authority (SBCTA) and the City of
San Bernardino (CITY). SBCTA and CITY are each a "Party" and collectively the
"Parties" herein.
II. RECITALS
A. In November 2015, Parties entered into Cooperative Agreement No. 16-1001335 to define
the roles and responsibilities and funding for improvements for the PA/ED, PS&E, and
ROW phases for the interchange at University Parkway and I-215 in the limits of the City
of San Bernardino (PROJECT); and
B. Cooperative Agreement No. 16-1001335 terminated on June 29, 2018; and
C. The Parties entered into this AGREEMENT in July 2019, which assumed the terms and
conditions of Cooperative Agreement No. 16-1001335 and was effective June 30, 2018;
and
D. In June 2022, the Parties entered Amendment No. 1 to AGREEMENT to reflect estimated
cost increases in the ROW phase for PROJECT; and
E. In November 2023 the Parties entered Amendment No. 2 to AGREEMENT to reflect
estimated cost increases in the Construction phase for PROJECT based on the draft 100%
plans and specifications; and
F. In May 2024, the construction contract for PROJECT was advertised for bids; and
G. On June 12, 2024, bids were opened on PlanetBids, SBCTA’s online procurement
program; and
H. The apparent lowest bid was greater than the estimate used for Amendment No. 2 for
AGREEMENT, which necessitates an amendment to AGREEMENT to reflect the
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Amendment No. 3 to 19-1002205
increased cost; and
I. Completion of the design of the project resulted in an increase in the PA/ED and PS&E
phase over the estimate provided in Amendment No. 2 to AGREEMENT; and
J. Completion of the acquisition of property needed for PROJECT resulted in savings in the
ROW phase as compared to the estimate provided in Amendment No. 2 to AGREEMENT;
and
K. The increase in the PA/ED, PS&E, and construction phase, and the savings in the ROW
phase, together resulted in a total PROJECT cost increase of $2,555,333, comprised of an
increase of $403,743 of Development/Local Share and an increase of $2,151,590 of Public
Share; and
L. Parties desire to amend AGREEMENT to define funding responsibilities for the total
PROJECT cost increase.
NOW, THEREFORE, the Parties agree to amend the AGREEMENT as follows:
1.Replace Attachment A.2 in its entirety with Attachment A.3 attached to this Amendment
No. 2. Attachment A.3 is incorporated into AGREEMENT by this reference.
2.Except as amended by this Amendment No. 3, all other provisions of the AGREEMENT
and amendments thereto shall remain in full force and effect.
3.The Recitals set forth above are incorporated herein by this reference.
4.Amendment No. 3 is effective upon execution by SBCTA.
--------------------------Signatures on Following Page--------------------------
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Amendment No. 3 to 19-1002205
IN WITNESS WHEREOF, Parties have duly executed Amendment No. 3 to
Agreement 19-1002205 below:
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
CITY OF SAN BERNARDINO
By:___________________________By:__________________________
Ray Marquez Rochelle Clayton
President, Board of Directors Acting City Manager
Date:__________________________Date:__________________________
APPROVED AS TO FORM: APPROVED AS TO FORM AND
PROCEDURE:
By:____________________________By:____________________________
Julianna K. Tillquist
General Counsel
Sonia R. Carvalho
City Attorney
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Amendment No. 3 to 19-1002205
Amendment No. 3 to Agreement 19-1002205
Attachment A.3
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving
freeway access to I-215 and improving local traffic flow on University Parkway by
reconstructing existing interchange configuration into a Diverging Diamond Interchange
(DDI).
Project Cost Estimate and Funding Shares
After application of buy-down funds, Project costs will be split according to the SBCTA
Nexus Study with the Public Share at 84.2% and the Development/Local Share at 15.8%
Estimated
Costs Buy-Down Public Share Development/
Local Share
Project Approval
and Environmental
Document (PA/ED)
$1,175,279 $939,716 $198,344 $37,219
Design (PS&E)$1,248,129 $1,103,855 $121,479 $22,795
Right of Way
(ROW)$2,246,047 $612,000 $1,375,868 $258,179
Construction $20,528,587 $3,079,429 $14,692,191 $2,756,967
SBCTA Oversight $570,000 $0 $0 $570,000
TOTAL $25,768,043 $5,735,000 $16,387,882 $3,645,161
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