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HomeMy WebLinkAbout07-02-2025 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 02, 2025 4:00 PM ­ CLOSED SESSION 5:00 PM ­ OPEN SESSION NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6 STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Dr. Treasure Ortiz COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Bill Gallardo COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER Juan Figueroa Sonia Carvalho MAYOR PRO TEM, WARD 3 CITY ATTORNEY Fred Shorett Telicia Lopez COUNCIL MEMBER, WARD 4 ACTING CITY CLERK Kim Knaus COUNCIL MEMBER, WARD 5 Mario Flores 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 Mayor Pro Tem, Ward 3 Juan Figueroa Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Kim Knaus Council Member, Ward 6 Mario Flores Council Member, Ward 7 Dr. Treasure Ortiz Mayor Helen Tran Interim City Manager Bill Gallardo City Attorney Sonia Carvalho Acting City Clerk Telicia Lopez 4:00 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION Pg. 12 A) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): i. Agency Designated Representative: City Manager or Designee Employee Organization: General Unit – Teamsters Local 1932, Management Confidential Group – SBCMA, Mid Management Unit – Teamsters Local 1932, Police Dispatch Unit – SBPDA, San Bernardino Police Civilian Association – AFSCME Local 4710, Police Management Unit – PMA and Police Safety Unit – SBPOA B) CONFERENCE WITH LEGAL COUNSEL ­ Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): 1 Case 5:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. Proclamation for Parks and Recreation Month in the City of San Bernardino – July 2025 (All Wards) Pg. 13 Mayor and City Council of the City of San Bernardino Page 3 PUBLIC HEARING 2. Conduct a Public Hearing to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal Services. (All Wards) Pg. 16 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing to receive public comments on the proposed Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal Services; and, 2. Determine if written protests have been received from the owners and tenants of parcels which are subject to the Maximum Permitted Services Rates for Integrated Solid Waste Collection, Processing, and Disposal and whether a majority protest has been received; and, 3. If there is no majority protest, adopt Resolution No. 2025­310 of the Mayor and City Council of the City of San Bernardino, California establishing the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal starting July 2, 2025. CITY MANAGER UPDATE PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA CONSENT CALENDAR 3. Approval of Various Mayor and City Council Meeting Minutes (All Wards) Pg. 41 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates: 1. May 3, 2023 Regular Meeting Draft Minutes 2. August 2, 2023 Regular Meeting Draft Minutes 3. October 4, 2023 Regular Meeting Draft Minutes 4. November 15, 2023 Regular Meeting Draft Minutes Mayor and City Council of the City of San Bernardino Page 4 4. Join the California Community Housing Agency (CalCHA) Middle­Income Rental Housing Program (All Wards) Pg. 99 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025­323: 1. Authorizing the City to become a member of the California Community Housing Agency (CalCHA); and 2. Approving and authorizing the City Manager to enter into a Joint Exercise of Powers Agreement relating to the Agency and one or more Public Benefit Agreements with the Agency; and 3. Approving the Agency’s issuance of Revenue Bonds for the new construction of essential middle­income housing projects within City limits. 5. Resolutions Updating the Bank and Investment Account Signature Authority (All Wards) Pg. 194 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino, adopt the attached Resolutions updating the City’s and Successor Agency’s bank and investment account signature authority. 6. Authorize a Vendor Services Agreement with DM & G Construction and Engineering Services Inc. for Installation of Guardrails in the amount of $193,560 (All Wards) Pg. 227 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 Vendor Services Agreement with DM & G Construction and Engineering Services Inc. for the installation of guardrails; and 2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $193,560 for FY 25/26; and 3. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $100,000 for FY 26/27 and $100,000 for FY 27/28. 7. Authorize a Cooperative Agreement with the City of Colton for Traffic Signal Design and Construction for Hunts Lane Harwick Drive in the amount of $385,000 (Ward 3) Pg. 248 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution 2025­321 authorizing the City Manager to execute Cooperative Agreement with the City of Colton for traffic signal design and construction for Hunts Lane and Harwick Drive. Mayor and City Council of the City of San Bernardino Page 5 8. Accept Highway Safety Improvement Program (HSIP) Cycle 12 Grant – E Street Median in the amount of $3,152,700 (Ward 1 & 3) Pg. 271 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025­322: 1. Approving the Acceptance of the Highway Safety Improvement Program (HSIP) Cycle 12 Grant in the amount of $3,152,700; and 2. Authorizing the City Manager or designee to approve grant matching funds in the amount of $100,300 from the Traffic Safety Fund; and 3. Designating the City Manager, or designee, as a responsible agency official authorized to sign project agreements and certifications for the preparation of the HSIP Cycle 12 Project; and 4. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 CIP budget with an additional $100,300 from the Traffic Safety Fund to bring the total project budget to $3,503,000; and 5. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 CIP budget with an additional $3,503,000 in HSIP Cycle 12 grant funding. DISCUSSION 9. Approve the Annual Renewal of the City’s Risk Management Insurance Policies in the amount of $3,337,089 for FY 2025/26 (All Wards) Pg. 282 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and 2. Authorize the City Manager or designee to execute all related documentation. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 10. Discuss partnering with Family Assistance Program and Assembly Member James Ramos to create housing opportunities at Patton State Hospital for the unsheltered (All Wards) – (Council Member Ortiz) Pg. 296 11. Strategic Planning, Goal Setting, and Team Building Session (All Wards) – (Council Member Sanchez) Pg. 297 MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS Mayor and City Council of the City of San Bernardino Page 6 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 July 16, 2025 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Mayor and City Council of the City of San Bernardino Page 7 CERTIFICATION OF POSTING AGENDA I, Telicia Lopez, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the July, 2 2025, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Friday, June, 27, 2025. I declare under the penalty of perjury that the foregoing is true and correct. Telicia Lopez, CMC, Acting City Clerk Mayor and City Council of the City of San Bernardino Page 8 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 9 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 10 ALTERNATE MEETING VIEWING METHOD If there are any technical issues with the live stream or 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: 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 . Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically 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 909-384-5002 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. 2024-029, 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.” CITY OF SAN BERNARDINOAGENDAFOR THEREGULAR 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 SUCCESSORAGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SANBERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENTAGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THEHOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINOACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITYWEDNESDAY, JULY 02, 20254:00 PM ­ CLOSED SESSION               5:00 PM ­ OPEN SESSIONFELDHEYM CENTRAL LIBRARY  •  SAN BERNARDINO, CA 92410  •  WWW.SBCITY.ORGTheodore SanchezCOUNCIL MEMBER, WARD 1 Helen TranMAYOR Dr. Treasure OrtizCOUNCIL MEMBER, WARD 7Sandra IbarraCOUNCIL MEMBER, WARD 2 Bill GallardoINTERIM CITY MANAGERJuan FigueroaCOUNCIL MEMBER, WARD 3 Sonia CarvalhoCITY ATTORNEYFred ShorettMAYOR PRO TEM, WARD 4 Telicia LopezACTING CITY CLERKKim KnuasCOUNCIL MEMBER, WARD 5Mario FloresCOUNCIL MEMBER, WARD 6Welcome to a meeting of the Mayor and City Council of the City of San BernardinoPLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLICCOMMENT OPTIONS, OR CLICK ON THE FOLLOWINGLINK: TINYURL.COM/MCCPUBLICCOMMENTSPLEASE CONTACT THE CITY CLERK'S OFFICE (909) 384­5002 TWOWORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FORREASONABLE ACCOMMODATIONSTo view PowerPoint presentations, written comments, or any reviseddocuments for this meeting date, use this link: tinyurl.com/agendabackup.Select the corresponding year and meeting date folders to view documents.CALL TO ORDERAttendee NameCouncil Member, Ward 1 Theodore SanchezCouncil Member, Ward 2 Sandra IbarraMayor Pro Tem, Ward 3 Juan FigueroaCouncil Member,  Ward 4 Fred ShorettCouncil Member, Ward 5 Kim KnausCouncil Member, Ward 6 Mario FloresCouncil Member, Ward 7 Dr. Treasure OrtizMayor Helen TranInterim City Manager Bill GallardoCity Attorney Sonia CarvalhoActing City Clerk Telicia Lopez4:00 P.M.CLOSED SESSION PUBLIC COMMENT CLOSED SESSIONA)A) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government CodeSection 54957.6):i. Agency Designated Representative: City Manager or Designee EmployeeOrganization: General Unit – Teamsters Local 1932, Management ConfidentialGroup – SBCMA, Mid Management Unit – Teamsters Local 1932, PoliceDispatch Unit – SBPDA, San Bernardino Police Civilian Association –AFSCME Local 4710, Police Management Unit – PMA and Police Safety Unit –SBPOAB)CONFERENCE WITH LEGAL COUNSEL ­ Significant Exposure to Litigation(Pursuant to Government Code Section 54956.9(d)(2)): 1 Case5:00 P.M.INVOCATION AND PLEDGE OF ALLEGIANCECLOSED SESSION REPORTPRESENTATIONS1.Proclamation for Parks and Recreation Month in the City of San Bernardino – July2025 (All Wards)PUBLIC HEARING2.Conduct a Public Hearing to Consider Adjusting the Maximum Permitted ServiceRates for Integrated Solid Waste Collection, Processing, and Disposal Services. (AllWards)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California:1. Conduct a public hearing to receive public comments on the proposedMaximum Permitted Service Rates for Integrated Solid Waste Collection,Processing, and Disposal Services; and,2. Determine if written protests have been received from the owners andtenants of parcels which are subject to the Maximum Permitted ServicesRates for Integrated Solid Waste Collection, Processing, and Disposal andwhether a majority protest has been received; and,3. If there is no majority protest, adopt Resolution No. 2025­310 of the Mayorand City Council of the City of San Bernardino, California establishing theMaximum Permitted Service Rates for Integrated Solid Waste Collection,Processing, and Disposal starting July 2, 2025.CITY MANAGER UPDATEPUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDACONSENT CALENDAR3.Approval of Various Mayor and City Council Meeting MinutesRecommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California, approve the meeting minutes for the following dates:1. May 3, 2023 Regular Meeting Draft Minutes2. August 2, 2023 Regular Meeting Draft Minutes3. October 4, 2023 Regular Meeting Draft Minutes4. November 15, 2023 Regular Meeting Draft Minutes4.Join the California Community Housing Agency (CalCHA) Middle­Income RentalHousing Program (All Wards)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California, adopt Resolution No. 2025­323:1. Authorizing the City to become a member of the California CommunityHousing Agency (CalCHA); and2. Approving and authorizing the City Manager to enter into a JointExercise of Powers Agreement relating to the Agency and one or morePublic Benefit Agreements with the Agency; and3. Approving the Agency’s issuance of Revenue Bonds for the newconstruction of essential middle­income housing projects within Citylimits.5.Resolutions Updating the Bank and Investment Account Signature Authority (AllWards)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino, California,and the Mayor and City Council of the City of San Bernardino, California acting in itscapacity as the Successor Agency to the former Redevelopment Agency of the City of SanBernardino, adopt the attached Resolutions updating the City’s and Successor Agency’sbank and investment account signature authority.6.Authorize a Vendor Services Agreement with DM & G Construction and EngineeringServices Inc. for Installation of Guardrails in the amount of $193,560 (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 Vendor Services Agreementwith DM & G Construction and Engineering Services Inc. for theinstallation of guardrails; and2. Authorize the Director of Finance and Management Services to issue apurchase order not to exceed the amount of $193,560 for FY 25/26; and3. Authorize the Director of Finance and Management Services to issue apurchase order not to exceed the amount of $100,000 for FY 26/27 and$100,000 for FY 27/28.7.Authorize a Cooperative Agreement with the City of Colton for Traffic Signal Designand Construction for Hunts Lane Harwick Drive in the amount of $385,000 (Ward 3)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino Californiaadopt Resolution 2025­321 authorizing the City Manager to execute Cooperative Agreementwith the City of Colton for traffic signal design and construction for Hunts Lane and HarwickDrive.8.​​Accept Highway Safety Improvement Program (HSIP) Cycle 12 Grant – E StreetMedian in the amount of $3,152,700 (Ward 1 & 3)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California adopt Resolution No. 2025­322:1. Approving the Acceptance of the Highway Safety Improvement Program(HSIP) Cycle 12 Grant in the amount of $3,152,700; and 2. Authorizing the City Manager or designee to approve grant matchingfunds in the amount of $100,300 from the Traffic Safety Fund; and3. Designating the City Manager, or designee, as a responsible agencyofficial authorized to sign project agreements and certifications for thepreparation of the HSIP Cycle 12 Project; and4. Authorizing the Director of Finance and Management Services to amendthe FY 2025/26 CIP budget with an additional $100,300 from the TrafficSafety Fund to bring the total project budget to $3,503,000; and5. Authorizing the Director of Finance and Management Services to amendthe FY 2025/26 CIP budget with an additional $3,503,000 in HSIP Cycle12 grant funding.DISCUSSION9.Approve the Annual Renewal of the City’s Risk Management Insurance Policies inthe amount of $3,337,089 for FY 2025/26 (All Wards)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California:1. Approve the annual renewal of the City’s excess general liability insurance,excess workers’ compensation insurance, crime insurance and cyberinsurance; and2. Authorize the City Manager or designee to execute all relateddocumentation.ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS10.Discuss partnering with Family Assistance Program and Assembly Member JamesRamos to create housing opportunities at Patton State Hospital for the unsheltered(All Wards) – (Council Member Ortiz)11.Strategic Planning, Goal Setting, and Team Building Session (All Wards) – (CouncilMember Sanchez)MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGSADJOURNMENTThe next joint regular meeting of the Mayor and City Council and the Mayor and City CouncilActing as the Successor Agency to the Redevelopment Agency will be held on July 16, 2025 atthe Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410.Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.CERTIFICATION OF POSTING AGENDAI, Telicia Lopez, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certifythat the agenda for the July, 2, 2025, Regular Meeting of the Mayor and City Council and theMayor and City Council acting as the Successor Agency to the Redevelopment Agency wasposted on the City's bulletin board located at 201 North "E" Street, San Bernardino,  California,92401 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino,California, 92410 and on the City's website sbcity.org on Friday, June, 27, 2025.I declare under the penalty of perjury that the foregoing is true and correct.NOTICE: Any member of the public desiring to speak to the Mayor and City Council and the Mayor and CityCouncil Acting as the Successor Agency to the Redevelopment Agency concerning any matteron the agenda, which is within the subject matter jurisdiction of the Mayor and City Council andthe Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency mayaddress 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 presidingofficer determines that the meeting or hearing may be lengthy or complicated, the presidingofficer 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 cardand turn in the speaker reservation card to the City Clerk prior to the time designated on theagenda. Comments will be received in the order the cards are turned in to the City Clerk. Failureof a person to promptly respond when their time to speak is called shall result in the personforfeiting their right to address the Mayor and City Council.Rule 3. The presiding officer may request that a member of the public providing commentaudibly state into the microphone, if one is present, his or her name and address beforebeginningcomment. If that person is representing a group or organization the presiding officer may requestthat the speaker identify that group or organization, including that group or organization' sAddress.Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required toprovide 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 agendabut 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 ofthe public desiring to provide public testimony at a public hearing shall have areasonable time, not to exceed ( 3) minutes, to provide testimony during eachpublic hearing.Any member of the public desiring to speak to the Mayor and City Council and the Mayor and CityCouncil Acting as the Successor Agency to the Redevelopment Agency concerning any matternot on the agenda but which is within the subject matter jurisdiction of the Mayor and CityCouncil and the Mayor and City Council Acting as the Successor Agency to the RedevelopmentAgency may address the body at the end of the meeting, during the period reserved for publiccomments. Said total period for public comments shall not exceed 60 minutes, unless such timelimit is extended by the Mayor and City Council and the Mayor and City Council Acting as theSuccessor Agency to the Redevelopment Agency. A three­minute limitation shall apply to eachmember of the public, unless such time limit is extended by the Mayor and City Council and theMayor and City Council Acting as the Successor Agency to the Redevelopment Agency. Nomember of the public shall be permitted to "share" his/her three minutes with any other memberof the public.Speakers who wish to present documents to the governing body may hand the documents to theCity 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 tothe Redevelopment Agency may refer any item raised by the public to staff, or to anycommission, board, bureau, or committee for appropriate action or have the item placed on thenext agenda of the Mayor and City Council and the Mayor and City Council Acting as theSuccessor Agency to the Redevelopment Agency. However, no other action shall be taken nordiscussion held by the Mayor and City Council and the Mayor and City Council Acting as theSuccessor Agency to the Redevelopment Agency on any item which does not appear on theagenda unless the action is otherwise authorized in accordance with the provisions ofsubdivision (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 hasbeen conducted and closed.ALTERNATE MEETING VIEWING METHOD:If there are any technical issues with the live stream or recording from the main agenda portal or if yourequire an option with Closed Captioning, you may view the meeting from the following location (TV3).https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6PUBLIC COMMENT OPTIONSPlease use ONE of the following options to provide a public comment:Written comments can be emailed to publiccomments@sbcity.org. Written public commentsreceived up to 2:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will beprovided to the Mayor and City council and made part of the meeting record. Written publiccomments will not be read  aloud by city staff. Written correspondence can be  accessed by thepublic online at tinyurl.com/agendabackup .Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decidesthe cutoff time for public comment, and the time may vary per meeting. If you wish to submit yourspeaker slip in advance of the meeting, please submit your request to speak using the form on thefollowing page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically afterthe2:30 p.m. deadline will not be accepted.Please note: messages submitted via email and this page are only monitored from thepublication of the final agenda until the deadline to submit public comments. Please contact the CityClerk at 9093845002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. Writtencorrespondence submitted after the deadline will  be provided to the Mayor and City Council at the followingregularmeeting.MEETING TIMENOTE: 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 9:00P.M., the Mayor and City Council shall determine which of the remaining agenda items can beconsidered 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 11 This page intentionally left blank. 2 8 1 4 CLOSED SESSION City of San Bernardino Request for Council Action July 2, 2025 Honorable Mayor and City Council Members Sonia Carvalho, City Attorney City Attorney's Office Recommendation: A) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): i. Agency Designated Representative: City Manager or Designee Employee Organization: General Unit – Teamsters Local 1932, Management Confidential Group – SBCMA, Mid Management Unit – Teamsters Local 1932, Police Dispatch Unit – SBPDA, San Bernardino Police Civilian Association – AFSCME Local 4710, Police Management Unit – PMA and Police Safety Unit – SBPOA B) CONFERENCE WITH LEGAL COUNSEL - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): 1 Case. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Packet Page. 12 2 5 9 3 PRESENTATIONS City of San Bernardino Request for Council Action July 2, 2025 Honorable Mayor and City Council Members Helen Tran, Mayor Mayor's Office Packet Page. 13 7 0 4 5 PROCLAMATION OF THE MAYOR & CITY COUNCIL PROCLAIMING JULY 2025, AS PARKS AND RECREATION MONTH IN THE CITY OF SAN BERNARDINO WHEREAS, parks and recreation is an integral part of communities throughout this country, including the City of San Bernardino; and WHEREAS, parks and recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and WHEREAS, parks and recreation encourages time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer’s disease; and WHEREAS, parks and recreation supports physical activity by providing space for sports, hiking trails, swimming pools, playgrounds, and other amenities designed to promote active lifestyles; and WHEREAS, parks and recreation is a leading provider of healthy meals, nutrition services, and educational opportunities; and WHEREAS, park and recreation programming — including after-school programs, youth sports, summer camps, and environmental education — plays a vital role in the development of San Bernardino’s youth and lifelong learning for residents of all ages; and WHEREAS, parks and recreation contributes to the economic prosperity of San Bernardino by increasing property values, expanding the local tax base, attracting tourism, retaining businesses, and reducing crime; and WHEREAS, parks and recreation is fundamental to the environmental well-being of our community, preserving green spaces, protecting natural resources, and promoting sustainability; and WHEREAS, San Bernardino’s parks, trails, community centers, and open spaces ensure ecological beauty, offer places for recreation, and provide welcoming spaces for people of all ages to connect, gather, and celebrate together; and WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and WHEREAS, the City of San Bernardino proudly recognizes and celebrates the many benefits provided by our local parks, recreation services, and community centers. Packet Page. 14 7 0 4 5 NOW, THEREFORE, BE IT RESOLVED THAT, the Mayor and City Council of the City of San Bernardino hereby proclaim the month of July 2025 as “Park and Recreation Month” in the City of San Bernardino, under the theme “San Bernardino Parks: Where Community Comes Together”, and encourage all residents to enjoy, support, and take pride in the parks, programs, and recreational opportunities that enrich the lives of everyone in our community. nd day of July 2025        Packet Page. 15 2 7 8 0 PUBLIC HEARING July 2, 2025 Honorable Mayor and City Council Members Bill Gallardo, Interim City Manager; Lynn Merrill, Director of Public Works Public Works It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing to receive public comments on the proposed Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal Services; and, 2. Determine if written protests have been received from the owners and tenants of parcels which are subject to the Maximum Permitted Services Rates for Integrated Solid Waste Collection, Processing, and Disposal and whether a majority protest has been received; and, 3. If there is no majority protest, adopt Resolution No. 2025-310 of the Mayor and City Council of the City of San Bernardino, California establishing the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal starting July 2, 2025. The City of San Bernardino (“City”) has an exclusive franchise agreement (“Franchise Agreement”) with Burrtec Waste Industries (“Burrtec”) to provide solid waste, recycling and organics collection and processing services to all residential, commercial and industrial businesses within the City through automated carts, front-load bins, roll- offs. Through the franchise agreement, Burrtec may request periodic rate increases        Packet Page. 16 2 7 8 0 to cover the costs of providing solid waste collection and processing services. The proposed rate increase is $1.33 per residence; the CPI portion is 2.61% or $0.6895 while the remaining 2.39% is $0.6314 per single-family residential account. This would raise the residential rate from $26.42 to $27.75 per month. Commercial rates may increase from 2.61% to 8%, depending on the type and frequency of the commercial service. Under Proposition 218 (Article XIII D, Section 6 of the California Constitution), notice of a public hearing regarding rate increases was mailed to property owners and tenants of the properties receiving solid waste collection services 45 days in advance of this scheduled public hearing. (Attachment 2). Background The term of the franchise agreement for solid waste services was initially April 1, 2016, through March 31, 2026 and was subsequently extended to March 31, 2031 by the adoption of the Third Amendment to the Franchise Agreement on July 3, 2024. Consumer Price Index Adjustments Section 21.1.3 (a) of the franchise agreement between Burrtec and the City provides that Burrtec may increase the Maximum Permitted Service Rates by the Consumer Price Index (“CPI”) each July 1. Section 21.1.3(b) of the franchise agreement allows for a CPI rate adjustment to a maximum of a 5% increase annually, with any amount above 5% or below 0% carried forward and applied in subsequent years. Burrtec must send the proposed rate adjustment calculations and full rate schedule to the City Manager for review by March 1 of each year. The CPI for the rate increases shall refer to the 12-month annual average percentage change for the most recent January 1 – December 31 period, compared to the prior January 1 – December 31 period, in the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Labor Statistics. Discussion Burrtec has provided the City with the FY 2025-26 Proposed Solid Waste Rate adjustments (See Attachment 3). Burrtec is entitled to a 2.61% CPI adjustment for residential customers. Due to increased costs for materials and fuels, Burrtec has requested an additional increase of 2.39% to recover a small portion of the overall SB 1383 Residential Program Costs. This small increase for the SB 1383 organic waste program recognizes that program costs for the implementation of the SB 1383 regulations are causing upward pressure on residential rates after the first full year of implementation. The total proposed rate increase is $1.33 per residence or 5.03%. In the proposed current rate, the CPI portion is 2.61% or $0.6895 while the remaining 2.39% is $0.6314 per single-family residential account. This would raise the residential rate from $26.42 to $27.75 per month.        Packet Page. 17 2 7 8 0 It's important to note that the City of San Bernardino continues to have the lowest rate in the region, and that cities such as Los Angeles and San Diego are proposing monthly residential rate increases above $50.00. Attachment 1 shows current and proposed residential refuse rates in effect for 2024-2025 and proposed (where applicable) for 2025-2026 for various jurisdictions within the southern California area. As shown in Attachment 1, residential refuse rates for FY2025-2026 range from $27.75 as proposed for the City of San Bernardino to a high of $43.81 for the City of Ontario; the average for 18 cities surveyed is $37.07. In addition, Burrtec is entitled to CPI increase for Commercial Rates of 2.61%. With SB 1383 Program Costs, these proposed increases range from 4-8% based on frequency based on collection. 2021-2025 Strategic Targets and Goals Setting the public hearing aligns with Key Target No. 3c: Improved Quality of Life by evaluating and enhancing the quality of public safety services and Key Target No. 3d: Improved Quality of Life by improving the City’s appearance, cleanliness, and attractiveness Fiscal Impact There is an anticipated increase in revenues to the General Fund if the rate increase is adopted by the Mayor and City Council. These revenues will vary based on the types of solid waste services selected by the community. In FY 2024-25, the City expects to receive $10,763,500 in franchise fees. If the solid waste rates are approved, this amount may increase by approximately 5% in FY2025-26. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing to receive public comments on the proposed Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal Services; and, 2. Determine if written protests have been received from the owners and tenants of parcels which are subject to the Maximum Permitted Services Rates for Integrated Solid Waste Collection, Processing, and Disposal and whether a majority protest has been received; and, 3. If there is no majority protest, adopt Resolution No. 2025-310 of the Mayor and City Council of the City of San Bernardino, California establishing the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal starting July 2, 2025. Attachments Attachment 1 Residential Rate Survey        Packet Page. 18 2 7 8 0 Attachment 2 Proposition 218 Notice Attachment 3 Proposed Solid Waste Rates Attachment 4 Resolution 2025-310 Ward: All Wards Synopsis of Previous Council Actions: January 25, 2016 - Resolution of the Mayor and City Council of San Bernardino approving a ten-year Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. December 7, 2022 – Notice of Intent to Conduct a Public Hearing on December 7, 2022, to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, and Organic Waste Collection, Processing and Disposal Services, Street Sweeping, and Right-of-Way Cleanup Service. February 15, 2023 – Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards). May 17, 2023 - Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards) June 21, 2023 – Continuation, to July 19, 2023, of Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act. July 19, 2023 – Continuation to September 6, 2023, of Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act. September 6, 2023 – Continuation, to January 17, 2024, of Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste        Packet Page. 19 2 7 8 0 Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act. January 17, 2024 – Cancellation of January 17, 2024, Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act. July 3, 2024 - Approval of the Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. May 4, 2025 – Resolution Declaring Intention to Conduct a Public Hearing on July 2, 2025, to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, And Disposal Services (All Wards)        Packet Page. 20 Attachment 1 Table of Refuse Rates 6/12/2025 Jurisdiction Hauler Residential (2023-2024) Residential (2024-2025) Percent Residential (proposed Percent San Bernardino Burrtec 26.42$ 26.42$ 0.00%27.75$ 5.03% Loma Linda CR&R 28.08$ 29.35$ 4.52%$30.14 2.69% Colton CR&R 32.44$ 32.44$ 0.00%32.44$ 0.00% Moreno Valley Waste Mangement 32.19$ 32.99$ 2.49%32.99$ 0.00% Rancho Cucamonga Burrtec 30.57$ 33.44$ 9.39%34.93$ 4.46% Highland Burrtec 33.95$ 33.95$ 0.00%34.84$ 2.62% Rialto Burrtec 34.55$ 34.55$ 0.00%36.56$ 5.82% Grand Terrace Burrtec 34.05$ 35.58$ 4.49%34.72$ -2.42% Fontana Burrtec 36.15$ 36.15$ 0.00%37.63$ 4.09% Chino Waste Management 35.55$ 36.97$ 3.99%38.82$ 5.00% Pomona City of Pomona 35.50$ 37.28$ 5.01%38.40$ 3.00% Riverside City of Riverside / Athens Disposal 34.72$ 37.32$ 7.49%39.75$ 6.51% Upland Burrtec 36.58$ 38.09$ 4.13%39.54$ 3.81% Montclair Burrtec 37.64$ 38.71$ 2.84%39.91$ 3.10% San Bernardino County Burrtec 38.40$ 40.28$ 4.90%41.29$ 2.51% Redlands City of Redlands 40.77$ 40.77$ 0.00%40.77$ 0.00% Yucaipa Burrtec 34.58$ 42.23$ 22.12%43.03$ 1.89% Ontario City of Ontario 39.78$ 43.81$ 10.13%43.81$ 0.00% Average Rate All Jurisdictions 34.55$ 36.13$ 37.07$        Packet Page. 21 Page 1 of 5 Notice of Public Hearing to Consider Proposition 218 Notification Wednesday, July 2, 2025 Notice is hereby given that the City of San Bernardino (“City”) will conduct a public hearing on July 2, 2025, at 5 p.m. at the Feldheym Central Library, 555 West 6th Street, San Bernardino, CA 92410 to consider adopting increases to the rates for collection, processing, and disposal of solid waste within the City (collectively, “Solid Waste Services”). The purpose of the public hearing is to consider all oral testimony and written protests to, and the adoption of, the proposed rates. This 45-day notice is hereby given in accordance with Section 6(a) of Article XIII D of the California Constitution. About Solid Waste Collection Services and Rates Burrtec Waste Industries, Inc. (“Burrtec”) provides solid waste services within the City under an exclusive franchise agreement. In compliance with Proposition 218, Article XIII D of the California State Constitution, and the Proposition 218 Omnibus Implementation Act, the City hereby notifies all affected property owners and occupants of the properties receiving Solid Waste Services of proposed rate increases for the City’s residential and commercial Solid Waste Services. The proposed rate increase is necessary to cover the inflationary increase for Solid Waste Services and the costs of providing mandatory organic waste collection services, required by the regulations implementing Senate Bill 1383 (Chapter 395, Statutes of 2016). These new rates will fund services such as weekly organic waste collection, outreach, education, monitoring, and reporting to ensure compliance with SB 1383 regulations. The rates will apply to six customer classes: (1) mobile home, (2) single-family, (3) multi-family dwelling, (4) commercial, (5) roll-offs, and (6) additional services for other customers. The rate adjustments are based on factors including the size and type of containers used (e.g., trash, recycling, or green/organic waste), as well as the frequency of waste pickups. A public hearing will be held to consider these new rates. All interested persons are invited to participate in the hearing and provide a written protest to the proposed rate increase. If the rates are adopted on July 2, 2025, they will become effective on July 2, 2025. For questions about the Public Hearing process or the proposed rates, please call 909-384-5375 or visit https://sbcity.org/819/Solid-Waste-Rates. Proposed Rates The proposed FY 2025-26 rates include a 2.61% inflationary increase for residential and commercial customers. Burrtec has requested an additional rate increase of 2.39% (for a total rate increase of 5%) due to increasing costs associated with providing SB 1383 mandated organics recycling for residential and commercial customers in order to allow Burrtec to recover a portion of the overall SB 1383 program costs for FY 2025-26, with the balance of these costs to be recovered in FY 2026-27. The table below shows examples of the current and proposed monthly rates for residential cart service and the base commercial barrel service. For full rate details for all City customer service levels, roll-off services, and additional services please see Exhibit A or visit the City of San Bernardino Solid Waste Rates page at https://sbcity.org/819/Solid- Waste-Rates.        Packet Page. 22 Page 2 of 5 Residential Service Current Rates Proposed 2025 Rates Monthly Increase Residential/MF Barrel $26.42 $27.75 $1.33 Residential 35-Gal Barrel $23.43 $24.60 $1.17 Residential 35-Gal Barrel Service $21.09 $22.14 $1.05 Mobile Home – 3 Barrel Service $17.73 $18.62 $0.89 Mobile Home Complex – 2 Barrel Service $17.73 $18.62 $0.89 Commercial Service Current Rates Proposed 2025 Rates Monthly Increase Commercial Barrel (1x Per Week) $26.42 $27.61 $1.19 Annual Adjustments CPI Adjustment: The proposed maximum rates for Solid Waste Services in Exhibit A account for inflation, subject to a 5% cap on Maximum Permitted Service Rates. Beginning July 1, 2026, and each July 1 thereafter, through and including July 1, 2030, the then-current Maximum Permitted Service Rates will be adjusted by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urbans Consumer Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Statistics. Public Hearing Process Any property owner whose property is to be subject to the proposed increases to the rates for Solid Waste Services and any tenant directly responsible for the payment of such fees (i.e., a customer of record) may submit a written protest to the proposed rate increases; provided, however, only one protest will be counted per identified parcel. Written protests must include the following: (1) State that the identified property owner or tenant is in opposition to the proposed rate increase to the fees; (2) The location of the identified parcel (by assessor’s parcel number or street address); and (3) The name and signature of the property owner or tenant submitting the protest. If the person submitting the written protest is the owner of record but was not shown on San Bernardino County’s last equalized assessment roll as the property owner, that person must provide written evidence that the person is the property owner. Written protests may be submitted by mail or in person to the City Clerk’s Office, provided they are received prior to 3 p.m. on July 2, 2025. Written protests may also be submitted to the City Clerk at the Public Hearing prior to the close of the public comment portion of the Public Hearing. Written protests submitted via e-mail will not be accepted. Please identify on the front of the envelope for any protest, whether mailed or submitted in person, Attn: Solid Waste Rates. Written protests may be submitted as follows:        Packet Page. 23 Page 3 of 5 BY MAIL TO: (by July 2, 2025, 3 p.m.) HAND DELIVERED TO CITY CLERK’S OFFICE: (by July 2, 2025, 3 p.m.) SAN BERNARDINO CITY CLERK’S OFFICE ATTN: SOLID WASTE RATES 290 NORTH “D” STREET SAN BERNARDINO, CA 92401 SAN BERNARDINO CITY CLERK’S OFFICE ATTN: SOLID WASTE RATES 201 NORTH “E” STREET BUILDING A SAN BERNARDINO, CA 92401 IN PERSON AT PUBLIC HEARING: (on July 2, 2025, 5 p.m. until close of public comment) FELDHEYM CENTRAL LIBRARY 555 WEST 6TH STREET SAN BERNARDINO, CA 92410 The City Council will consider all written protests and hear and consider all oral comments regarding the proposed rate increases for Solid Waste Services and the annual rate adjustments at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Owners of multiple properties must file a separate written protest for each property. Only one written protest per parcel will be counted. Protests sent by email or fax , or received after the Public Hearing is closed, will not be counted. Public comments at the Hearing will not qualify as a formal protest unless accompanied by a written protest. After the conclusion of the Public Hearing, if written protests are submitted by a majority of affected property owners or tenants of the parcels receiving Solid Waste Services, the proposed solid waste collection service rates may not be implemented. If written protests are not submitted by a majority of affected property owners or tenants, then the City Council may impose the rate increases. If adopted, the proposed rate increases will take effect beginning July 2, 2025. The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Services.        Packet Page. 24 Page 4 of 5 Burrtec Waste Industries, Inc City of San Bernardino EXHIBIT 1 Current Proposed Current Proposed Rates 2025 Rates 2025 Residential/MF Barrel 26.42$ 27.75$ 26.42$ 27.61$ Residential 35 Gal Barrel 23.43$ 24.60$ Resi 35 Gal Bar Senior 21.09$ 22.14$ Mobile Home - 3 Bar Serv 17.73$ 18.62$ Size Freq Mobile Home Compx - 2 Bar 17.73$ 18.62$ 2 cu. yrd.1 x Wk 152.41$ 160.50$ 2 cu. yrd.2 x Wk 285.57$ 301.28$ 2 cu. yrd.3 x Wk 420.12$ 443.45$ Size Freq 2 cu. yrd.4 x Wk 553.86$ 584.80$ 1 cu. yrd.1 x Wk 128.28$ 133.69$ 2 cu. yrd.5 x Wk 687.86$ 726.43$ 1 cu. yrd.2 x Wk 235.06$ 245.32$ 2 cu. yrd.6 x Wk 914.95$ 963.57$ 1 cu. yrd.3 x Wk 348.56$ 363.85$ 3 cu. yrd.1 x Wk 179.87$ 190.75$ 1 cu. yrd.4 x Wk 459.37$ 479.62$ 3 cu. yrd.2 x Wk 335.00$ 356.11$ 1 cu. yrd.5 x Wk 567.48$ 592.61$ 3 cu. yrd.3 x Wk 492.89$ 524.31$ 1 cu. yrd.6 x Wk 757.61$ 789.77$ 3 cu. yrd.4 x Wk 643.92$ 685.46$ 2 cu. yrd.1 x Wk 128.87$ 136.35$ 3 cu. yrd.5 x Wk 805.93$ 857.88$ 2 cu. yrd.2 x Wk 236.22$ 250.64$ 3 cu. yrd.6 x Wk 1,076.39$ 1,141.58$ 2 cu. yrd.3 x Wk 350.32$ 371.83$ 4 cu. yrd.1 x Wk 179.87$ 192.81$ 2 cu. yrd.4 x Wk 461.70$ 490.23$ 4 cu. yrd.2 x Wk 335.00$ 360.22$ 2 cu. yrd.5 x Wk 570.42$ 605.92$ 4 cu. yrd.3 x Wk 492.89$ 530.48$ 2 cu. yrd.6 x Wk 761.10$ 805.70$ 4 cu. yrd.4 x Wk 643.92$ 693.70$ 3 cu. yrd.1 x Wk 137.52$ 147.30$ 4 cu. yrd.5 x Wk 805.93$ 868.16$ 3 cu. yrd.2 x Wk 260.45$ 279.61$ 4 cu. yrd.6 x Wk 1,076.39$ 1,153.93$ 3 cu. yrd.3 x Wk 387.00$ 415.65$ 3 cu. yrd.4 x Wk 508.39$ 546.38$ 3 cu. yrd.5 x Wk 632.44$ 679.86$ Size Freq 3 cu. yrd.6 x Wk 967.58$ 1,029.93$ 1 cu. yrd.1 x Wk 123.20$ 126.42$ 4 cu. yrd.1 x Wk 151.54$ 163.74$ 1 cu. yrd.2 x Wk 227.60$ 233.55$ 4 cu. yrd.2 x Wk 286.96$ 310.92$ 1 cu. yrd.3 x Wk 334.68$ 343.43$ 4 cu. yrd.3 x Wk 422.35$ 458.09$ 1 cu. yrd.4 x Wk 441.75$ 453.30$ 4 cu. yrd.4 x Wk 556.44$ 603.93$ 1 cu. yrd.5 x Wk 547.45$ 561.76$ 4 cu. yrd.5 x Wk 690.50$ 749.71$ 2 cu. yrd.1 x Wk 124.09$ 127.33$ 4 cu. yrd.6 x Wk 1,194.23$ 1,274.85$ 2 cu. yrd.2 x Wk 229.37$ 235.37$ 6 cu. yrd.1 x Wk 219.94$ 238.04$ 2 cu. yrd.3 x Wk 337.33$ 346.15$ 6 cu. yrd.2 x Wk 419.68$ 455.35$ 2 cu. yrd.4 x Wk 445.28$ 456.92$ 6 cu. yrd.3 x Wk 620.77$ 674.05$ 2 cu. yrd.5 x Wk 551.88$ 566.31$ 6 cu. yrd.4 x Wk 827.26$ 898.29$ 3 cu. yrd.1 x Wk 133.05$ 136.53$ 6 cu. yrd.5 x Wk 1,016.26$ 1,104.58$ 3 cu. yrd.2 x Wk 251.25$ 257.82$ 6 cu. yrd.6 x Wk 1,207.95$ 1,313.63$ 3 cu. yrd.3 x Wk 367.95$ 377.57$ 3 cu. yrd.4 x Wk 484.67$ 497.34$ 3 cu. yrd.5 x Wk 599.99$ 615.68$ Size Freq 4 cu. yrd.1 x Wk 145.54$ 149.35$ 1 cu. yrd.1 x Wk 145.42$ 151.28$ 4 cu. yrd.2 x Wk 270.47$ 277.54$ 1 cu. yrd.2 x Wk 266.44$ 277.52$ 4 cu. yrd.3 x Wk 396.78$ 407.15$ 1 cu. yrd.3 x Wk 395.11$ 411.62$ 4 cu. yrd.4 x Wk 524.47$ 538.18$ 1 cu. yrd.4 x Wk 520.70$ 542.55$ 4 cu. yrd.5 x Wk 649.41$ 666.39$ 1 cu. yrd.5 x Wk 643.27$ 670.38$ 6 cu. yrd.1 x Wk 167.50$ 171.88$ 1 cu. yrd.6 x Wk 858.77$ 893.57$ 6 cu. yrd.2 x Wk 311.65$ 319.80$ 2 cu. yrd.1 x Wk 146.08$ 154.01$ 6 cu. yrd.3 x Wk 458.56$ 470.55$ 2 cu. yrd.2 x Wk 267.76$ 283.00$ 6 cu. yrd.4 x Wk 587.64$ 603.00$ 2 cu. yrd.3 x Wk 397.10$ 419.83$ 6 cu. yrd.5 x Wk 746.87$ 766.40$ 2 cu. yrd.4 x Wk 523.35$ 553.49$ 35Gal Barrel 1 x Wk 49.64$ 50.94$ 2 cu. yrd.5 x Wk 646.58$ 684.08$ 35Gal Barrel 2 x Wk 83.18$ 85.35$ 2 cu. yrd.6 x Wk 862.73$ 909.99$ 35Gal Barrel 3 x Wk 111.54$ 114.46$ 3 cu. yrd.1 x Wk 155.88$ 166.14$ 35Gal Barrel 4 x Wk 140.33$ 144.00$ 3 cu. yrd.2 x Wk 295.24$ 315.31$ 35Gal Barrel 5 x Wk 179.15$ 183.83$ 3 cu. yrd.3 x Wk 438.67$ 468.67$ 65Gal Barrel 1 x Wk 56.16$ 57.63$ 3 cu. yrd.4 x Wk 576.27$ 616.04$ 65Gal Barrel 2 x Wk 96.13$ 98.64$ 3 cu. yrd.5 x Wk 716.89$ 766.51$ 65Gal Barrel 3 x Wk 130.90$ 134.32$ 3 cu. yrd.6 x Wk 1,096.78$ 1,162.51$ 65Gal Barrel 4 x Wk 166.11$ 170.45$ 4 cu. yrd.1 x Wk 171.77$ 184.50$ 65Gal Barrel 5 x Wk 211.36$ 216.89$ 4 cu. yrd.2 x Wk 325.27$ 350.23$ 4 cu. yrd.3 x Wk 478.75$ 515.97$ 4 cu. yrd.4 x Wk 630.74$ 680.17$ Size Freq 4 cu. yrd.5 x Wk 782.71$ 844.33$ 2 cu. yrd.1 x Wk 263.53$ 270.42$ 4 cu. yrd.6 x Wk 1,353.70$ 1,438.49$ 2 cu. yrd.2 x Wk 475.26$ 487.69$ 6 cu. yrd.1 x Wk 249.30$ 268.17$ 2 cu. yrd.3 x Wk 670.32$ 687.85$ 6 cu. yrd.2 x Wk 475.72$ 512.86$ 2 cu. yrd.4 x Wk 866.88$ 889.54$ 6 cu. yrd.3 x Wk 703.65$ 759.10$ 2 cu. yrd.5 x Wk 1,095.40$ 1,124.04$ 6 cu. yrd.4 x Wk 937.71$ 1,011.63$ 2 cu. yrd.6 x Wk 1,257.62$ 1,290.50$ 6 cu. yrd.5 x Wk 1,151.95$ 1,243.82$ 35Gal Barrel 1 x Wk 69.21$ 71.02$ 6 cu. yrd.6 x Wk 1,369.23$ 1,479.13$ 35Gal Barrel 2 x Wk 122.34$ 125.54$ 35Gal Barrel 3 x Wk 170.26$ 174.71$ 35Gal Barrel 4 x Wk 218.64$ 224.36$ Size Freq 35Gal Barrel 5 x Wk 277.04$ 284.28$ All Sizes 1 x Wk 53.59$ 54.99$ 35Gal Barrel 6 x Wk 314.76$ 322.99$ All Sizes 2 x Wk 107.17$ 109.97$ 65Gal Barrel 1 x Wk 78.46$ 80.51$ All Sizes 3 x Wk 160.76$ 164.96$ 65Gal Barrel 2 x Wk 143.25$ 147.00$ All Sizes 4 x Wk 215.00$ 220.62$ 65Gal Barrel 3 x Wk 203.65$ 208.97$ All Sizes 5 x Wk 268.58$ 275.60$ 65Gal Barrel 4 x Wk 264.40$ 271.31$ All Sizes 6 x Wk 322.17$ 330.59$ 65Gal Barrel 5 x Wk 333.63$ 342.35$ 65Gal Barrel 6 x Wk 385.35$ 395.43$ Commercial/MF Trash Bins Commercial Food Waste Comm/MF/Resi Recycling Bins Commercial Barrel (1xWk) Commercial Compactors Residential Trash Bins Commercial/MF/Resi GW Bins        Packet Page. 25 Page 5 of 5 Burrtec Waste Industries, Inc City of San Bernardino EXHIBIT 1 Current Proposed Rates 2025 Size Freq 35Gal Barrel 1 x Wk 61.44$ 63.05$ 35Gal Barrel 2 x Wk 106.79$ 109.58$ 35Gal Barrel 3 x Wk 146.95$ 150.79$ 35Gal Barrel 4 x Wk 187.55$ 192.45$ 35Gal Barrel 5 x Wk 238.19$ 244.42$ 35Gal Barrel 6 x Wk 268.14$ 275.15$ 65Gal Barrel 1 x Wk 78.09$ 80.13$ 65Gal Barrel 2 x Wk 139.98$ 143.64$ 65Gal Barrel 3 x Wk 196.69$ 201.83$ 65Gal Barrel 4 x Wk 253.84$ 260.48$ 65Gal Barrel 5 x Wk 321.00$ 329.39$ 65Gal Barrel 6 x Wk 367.50$ 377.11$ 95Gal Barrel 1 x Wk 94.73$ 97.21$ 95Gal Barrel 2 x Wk 173.16$ 177.69$ 95Gal Barrel 3 x Wk 246.43$ 252.87$ 95Gal Barrel 4 x Wk 320.11$ 328.48$ 95Gal Barrel 5 x Wk 403.83$ 414.39$ 95Gal Barrel 6 x Wk 466.86$ 479.07$ - All Refuse Permanent - Plus Disposal 381.73$ 397.96$ - All Refuse Temporary 615.90$ 638.25$ incl Disp incl Disp - All Recycling (Different Materials) - Plus Disposal 381.73$ 397.96$ - Waste to Energy 40Yrd - Plus Disposal 1,334.81$ 1,375.96$ Roll Off Retractable Lid Monthly Rental Fee 239.00$ 251.50$ Receiver 312.50$ 326.92$ Compactor Box 437.50$ 455.19$ Water Reclamation 128.91$ 132.28$ Miscellaneous RO Compactor Repair (per hour)76.21$ 78.20$ Compactor Cleaning (each/single occurrence)151.90$ 155.87$ Dry Run / Relocate Roll Offs (Perm & Temp)85.44$ 87.67$ Roll Off Daily Rental Fee (Perm & Temp)42.03$ 43.13$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 158.62$ per occurrence in excess of 15 min End Dump Service (per Hour)234.38$ 240.51$ Certificate of Destruction 127.03$ 130.35$ Residential/Commercial - Barrel Exchange (first Exchange free) charge does not apply to 17.24$ 17.69$ graffiti or damaged barrels Commercial - Barrel Replacement comml-lost or stolen 85.16$ 87.39$ Bin Services - Bin Exchange (first Exchange free) charge does not apply to 86.22$ 88.47$ graffiti or damaged barrels - Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ 96.44$ Bin Enclosure Cleaning (each/single occurrence)42.33$ 43.44$ Bin Steam Cleaning (each/single occurrence)42.33$ 43.44$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF)N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial)14.77$ 15.16$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/C Extra Recycling Barrel (Com) 26.98$ 27.69$ Extra Green Waste Barrel (Resi/MF only)12.93$ 13.27$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 78.63$ Temporary Bin (3 Yrd) - 7 Day use 78.60$ 80.66$ Temp Bin Dump and Return 78.60$ 80.66$ Clean-Up Service (per 15 min)41.27$ 42.35$ Recycling Contamination Barrel 10.96$ 11.25$ Recycling Contamination (each bin)67.20$ 68.96$ Extra Pick-Ups Bins - On Service Day 1 & 2 Yard (Trash/Recyc)28.80$ 29.55$ 3 Yard (Trash/Recyc)31.32$ 32.14$ 4 Yard (Trash/Recyc)34.31$ 35.21$ 6 Yard (Trash/Recyc)40.65$ 41.71$ Extra Pick-Ups All Bins - On Non-Service Day (Trash)51.25$ 52.59$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc)39.87$ 40.91$ Extra Pick-Ups Compactors (Trash) 2 Yard 31.32$ 32.14$ 3 & 4 Yard 34.31$ 35.21$ Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 10.84$ Extra Pick-Ups FW Bins 99.73$ 102.34$ Extra Pick-Ups Barrel - FW 29.69$ 30.47$ Tilhopper (3 yd)34.18$ 35.07$ Lock 20.16$ 20.69$ Late set-out fee 32.74$ 33.60$ Late Fee 1.5%1.5% Shopping cart retrieval 25.00$ 25.65$ Additional Services Mult Family Mixed Organics Roll-Off - Service Only        Packet Page. 26 Burrtec Waste Industries, Inc City of San Bernardino EXHIBIT 1 Current Proposed Current Proposed Rates 2025 Rates 2025 Residential/MF Barrel 26.42$ 27.75$ 26.42$ 27.61$ Residential 35 Gal Barrel 23.43$ 24.60$ Residential 35 Gal Barrel Sr 21.09$ 22.14$ 17.73$ 18.62$ Size Freq Mobile Home Complex - 2 Barrel 17.73$ 18.62$ 2 cu. yrd. 1 x Wk 152.41$ 160.50$ 2 cu. yrd. 2 x Wk 285.57$ 301.28$ 2 cu. yrd. 3 x Wk 420.12$ 443.45$ Size Freq 2 cu. yrd. 4 x Wk 553.86$ 584.80$ 1 cu. yrd. 1 x Wk 128.28$ 133.69$ 2 cu. yrd. 5 x Wk 687.86$ 726.43$ 1 cu. yrd. 2 x Wk 235.06$ 245.32$ 2 cu. yrd. 6 x Wk 914.95$ 963.57$ 1 cu. yrd. 3 x Wk 348.56$ 363.85$ 3 cu. yrd. 1 x Wk 179.87$ 190.75$ 1 cu. yrd. 4 x Wk 459.37$ 479.62$ 3 cu. yrd. 2 x Wk 335.00$ 356.11$ 1 cu. yrd. 5 x Wk 567.48$ 592.61$ 3 cu. yrd. 3 x Wk 492.89$ 524.31$ 1 cu. yrd. 6 x Wk 757.61$ 789.77$ 3 cu. yrd. 4 x Wk 643.92$ 685.46$ 2 cu. yrd. 1 x Wk 128.87$ 136.35$ 3 cu. yrd. 5 x Wk 805.93$ 857.88$ 2 cu. yrd. 2 x Wk 236.22$ 250.64$ 3 cu. yrd. 6 x Wk 1,076.39$ 1,141.58$ 2 cu. yrd. 3 x Wk 350.32$ 371.83$ 4 cu. yrd. 1 x Wk 179.87$ 192.81$ 2 cu. yrd. 4 x Wk 461.70$ 490.23$ 4 cu. yrd. 2 x Wk 335.00$ 360.22$ 2 cu. yrd. 5 x Wk 570.42$ 605.92$ 4 cu. yrd. 3 x Wk 492.89$ 530.48$ 2 cu. yrd. 6 x Wk 761.10$ 805.70$ 4 cu. yrd. 4 x Wk 643.92$ 693.70$ 3 cu. yrd. 1 x Wk 137.52$ 147.30$ 4 cu. yrd. 5 x Wk 805.93$ 868.16$ 3 cu. yrd. 2 x Wk 260.45$ 279.61$ 4 cu. yrd. 6 x Wk 1,076.39$ 1,153.93$ 3 cu. yrd. 3 x Wk 387.00$ 415.65$ 3 cu. yrd. 4 x Wk 508.39$ 546.38$ 3 cu. yrd. 5 x Wk 632.44$ 679.86$ Size Freq 3 cu. yrd. 6 x Wk 967.58$ 1,029.93$ 1 cu. yrd. 1 x Wk 123.20$ 126.42$ 4 cu. yrd. 1 x Wk 151.54$ 163.74$ 1 cu. yrd. 2 x Wk 227.60$ 233.55$ 4 cu. yrd. 2 x Wk 286.96$ 310.92$ 1 cu. yrd. 3 x Wk 334.68$ 343.43$ 4 cu. yrd. 3 x Wk 422.35$ 458.09$ 1 cu. yrd. 4 x Wk 441.75$ 453.30$ 4 cu. yrd. 4 x Wk 556.44$ 603.93$ 1 cu. yrd. 5 x Wk 547.45$ 561.76$ 4 cu. yrd. 5 x Wk 690.50$ 749.71$ 2 cu. yrd. 1 x Wk 124.09$ 127.33$ 4 cu. yrd. 6 x Wk 1,194.23$ 1,274.85$ 2 cu. yrd. 2 x Wk 229.37$ 235.37$ 6 cu. yrd. 1 x Wk 219.94$ 238.04$ 2 cu. yrd. 3 x Wk 337.33$ 346.15$ 6 cu. yrd. 2 x Wk 419.68$ 455.35$ 2 cu. yrd. 4 x Wk 445.28$ 456.92$ 6 cu. yrd. 3 x Wk 620.77$ 674.05$ 2 cu. yrd. 5 x Wk 551.88$ 566.31$ 6 cu. yrd. 4 x Wk 827.26$ 898.29$ 3 cu. yrd. 1 x Wk 133.05$ 136.53$ 6 cu. yrd. 5 x Wk 1,016.26$ 1,104.58$ 3 cu. yrd. 2 x Wk 251.25$ 257.82$ 6 cu. yrd. 6 x Wk 1,207.95$ 1,313.63$ 3 cu. yrd. 3 x Wk 367.95$ 377.57$ 3 cu. yrd. 4 x Wk 484.67$ 497.34$ 3 cu. yrd. 5 x Wk 599.99$ 615.68$ Size Freq 4 cu. yrd. 1 x Wk 145.54$ 149.35$ 1 cu. yrd. 1 x Wk 145.42$ 151.28$ 4 cu. yrd. 2 x Wk 270.47$ 277.54$ 1 cu. yrd. 2 x Wk 266.44$ 277.52$ 4 cu. yrd. 3 x Wk 396.78$ 407.15$ 1 cu. yrd. 3 x Wk 395.11$ 411.62$ 4 cu. yrd. 4 x Wk 524.47$ 538.18$ 1 cu. yrd. 4 x Wk 520.70$ 542.55$ 4 cu. yrd. 5 x Wk 649.41$ 666.39$ 1 cu. yrd. 5 x Wk 643.27$ 670.38$ 6 cu. yrd. 1 x Wk 167.50$ 171.88$ 1 cu. yrd. 6 x Wk 858.77$ 893.57$ 6 cu. yrd. 2 x Wk 311.65$ 319.80$ 2 cu. yrd. 1 x Wk 146.08$ 154.01$ 6 cu. yrd. 3 x Wk 458.56$ 470.55$ 2 cu. yrd. 2 x Wk 267.76$ 283.00$ 6 cu. yrd. 4 x Wk 587.64$ 603.00$ 2 cu. yrd. 3 x Wk 397.10$ 419.83$ 6 cu. yrd. 5 x Wk 746.87$ 766.40$ 2 cu. yrd. 4 x Wk 523.35$ 553.49$ 35Gal Barrel 1 x Wk 49.64$ 50.94$ 2 cu. yrd. 5 x Wk 646.58$ 684.08$ 35Gal Barrel 2 x Wk 83.18$ 85.35$ 2 cu. yrd. 6 x Wk 862.73$ 909.99$ 35Gal Barrel 3 x Wk 111.54$ 114.46$ 3 cu. yrd. 1 x Wk 155.88$ 166.14$ 35Gal Barrel 4 x Wk 140.33$ 144.00$ 3 cu. yrd. 2 x Wk 295.24$ 315.31$ 35Gal Barrel 5 x Wk 179.15$ 183.83$ 3 cu. yrd. 3 x Wk 438.67$ 468.67$ 65Gal Barrel 1 x Wk 56.16$ 57.63$ 3 cu. yrd. 4 x Wk 576.27$ 616.04$ 65Gal Barrel 2 x Wk 96.13$ 98.64$ 3 cu. yrd. 5 x Wk 716.89$ 766.51$ 65Gal Barrel 3 x Wk 130.90$ 134.32$ 3 cu. yrd. 6 x Wk 1,096.78$ 1,162.51$ 65Gal Barrel 4 x Wk 166.11$ 170.45$ 4 cu. yrd. 1 x Wk 171.77$ 184.50$ 65Gal Barrel 5 x Wk 211.36$ 216.89$ 4 cu. yrd. 2 x Wk 325.27$ 350.23$ 4 cu. yrd. 3 x Wk 478.75$ 515.97$ 4 cu. yrd. 4 x Wk 630.74$ 680.17$ Size Freq 4 cu. yrd. 5 x Wk 782.71$ 844.33$ 2 cu. yrd. 1 x Wk 263.53$ 270.42$ 4 cu. yrd. 6 x Wk 1,353.70$ 1,438.49$ 2 cu. yrd. 2 x Wk 475.26$ 487.69$ 6 cu. yrd. 1 x Wk 249.30$ 268.17$ 2 cu. yrd. 3 x Wk 670.32$ 687.85$ 6 cu. yrd. 2 x Wk 475.72$ 512.86$ 2 cu. yrd. 4 x Wk 866.88$ 889.54$ 6 cu. yrd. 3 x Wk 703.65$ 759.10$ 2 cu. yrd. 5 x Wk 1,095.40$ 1,124.04$ 6 cu. yrd. 4 x Wk 937.71$ 1,011.63$ 2 cu. yrd. 6 x Wk 1,257.62$ 1,290.50$ 6 cu. yrd. 5 x Wk 1,151.95$ 1,243.82$ 35Gal Barrel 1 x Wk 69.21$ 71.02$ 6 cu. yrd. 6 x Wk 1,369.23$ 1,479.13$ 35Gal Barrel 2 x Wk 122.34$ 125.54$ 35Gal Barrel 3 x Wk 170.26$ 174.71$ 35Gal Barrel 4 x Wk 218.64$ 224.36$ Size Freq 35Gal Barrel 5 x Wk 277.04$ 284.28$ All Sizes 1 x Wk 53.59$ 54.99$ 35Gal Barrel 6 x Wk 314.76$ 322.99$ All Sizes 2 x Wk 107.17$ 109.97$ 65Gal Barrel 1 x Wk 78.46$ 80.51$ All Sizes 3 x Wk 160.76$ 164.96$ 65Gal Barrel 2 x Wk 143.25$ 147.00$ All Sizes 4 x Wk 215.00$ 220.62$ 65Gal Barrel 3 x Wk 203.65$ 208.97$ All Sizes 5 x Wk 268.58$ 275.60$ 65Gal Barrel 4 x Wk 264.40$ 271.31$ All Sizes 6 x Wk 322.17$ 330.59$ 65Gal Barrel 5 x Wk 333.63$ 342.35$ 65Gal Barrel 6 x Wk 385.35$ 395.43$ Commercial/MF Trash Bins Commercial Food Waste Commercial Barrel (1xWk) Commercial Compactors Residential Trash Bins Attachment 3 1        Packet Page. 27 Burrtec Waste Industries, Inc City of San Bernardino EXHIBIT 1 Current Proposed Rates 2025 Size Freq 35Gal Barrel 1 x Wk 61.44$ 63.05$ 35Gal Barrel 2 x Wk 106.79$ 109.58$ 35Gal Barrel 3 x Wk 146.95$ 150.79$ 35Gal Barrel 4 x Wk 187.55$ 192.45$ 35Gal Barrel 5 x Wk 238.19$ 244.42$ 35Gal Barrel 6 x Wk 268.14$ 275.15$ 65Gal Barrel 1 x Wk 78.09$ 80.13$ 65Gal Barrel 2 x Wk 139.98$ 143.64$ 65Gal Barrel 3 x Wk 196.69$ 201.83$ 65Gal Barrel 4 x Wk 253.84$ 260.48$ 65Gal Barrel 5 x Wk 321.00$ 329.39$ 65Gal Barrel 6 x Wk 367.50$ 377.11$ 95Gal Barrel 1 x Wk 94.73$ 97.21$ 95Gal Barrel 2 x Wk 173.16$ 177.69$ 95Gal Barrel 3 x Wk 246.43$ 252.87$ 95Gal Barrel 4 x Wk 320.11$ 328.48$ 95Gal Barrel 5 x Wk 403.83$ 414.39$ 95Gal Barrel 6 x Wk 466.86$ 479.07$ - All Refuse Permanent - Plus Disposal 381.73$ 397.96$ - All Refuse Temporary 615.90$ 638.25$ incl Disp incl Disp - All Recycling (Different Materials) - Plus Disposal 381.73$ 397.96$ - Waste to Energy 40Yrd - Plus Disposal 1,334.81$ 1,375.96$ Roll Off Retractable Lid Monthly Rental Fee 239.00$ 251.50$ Receiver 312.50$ 326.92$ Compactor Box 437.50$ 455.19$ Water Reclamation 128.91$ 132.28$ Miscellaneous RO Compactor Repair (per hour)76.21$ 78.20$ Compactor Cleaning (each/single occurrence)151.90$ 155.87$ Dry Run / Relocate Roll Offs (Perm & Temp)85.44$ 87.67$ Roll Off Daily Rental Fee (Perm & Temp)42.03$ 43.13$ Stand By / Roll-Back Roll Offs (Perm & Temp)154.58$ 158.62$ per occurrence in excess of 15 min End Dump Service (per Hour)234.38$ 240.51$ Certificate of Destruction 127.03$ 130.35$ Residential/Commercial - Barrel Exchange (first Exchange free) charge does not apply to 17.24$ 17.69$ graffiti or damaged barrels Commercial - Barrel Replacement comml-lost or stolen 85.16$ 87.39$ Bin Services - Bin Exchange (first Exchange free) charge does not apply to 86.22$ 88.47$ graffiti or damaged barrels - Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ 96.44$ Bin Enclosure Cleaning (each/single occurrence)42.33$ 43.44$ Bin Steam Cleaning (each/single occurrence)42.33$ 43.44$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF)N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial)14.77$ 15.16$ Extra Recycling Barrel (Resi/MF/MH/)N/C N/C Extra Recycling Barrel (Com)26.98$ 27.69$ Extra Green Waste Barrel (Resi/MF only)12.93$ 13.27$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 78.63$ Temporary Bin (3 Yrd) - 7 Day use 78.60$ 80.66$ Temp Bin Dump and Return 78.60$ 80.66$ Clean-Up Service (per 15 min)41.27$ 42.35$ Recycling Contamination Barrel 10.96$ 11.25$ Recycling Contamination (each bin)67.20$ 68.96$ Extra Pick-Ups Bins - On Service Day 1 & 2 Yard (Trash/Recyc)28.80$ 29.55$ 3 Yard (Trash/Recyc)31.32$ 32.14$ 4 Yard (Trash/Recyc)34.31$ 35.21$ 6 Yard (Trash/Recyc)40.65$ 41.71$ Extra Pick-Ups All Bins - On Non-Service Day (Trash)51.25$ 52.59$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc)39.87$ 40.91$ Extra Pick-Ups Compactors (Trash) 2 Yard 31.32$ 32.14$ 3 & 4 Yard 34.31$ 35.21$ Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 10.84$ Extra Pick-Ups FW Bins 99.73$ 102.34$ Extra Pick-Ups Barrel - FW 29.69$ 30.47$ Tilhopper (3 yd)34.18$ 35.07$ Lock 20.16$ 20.69$ Late set-out fee 32.74$ 33.60$ Late Fee 1.5%1.5% Shopping cart retrieval 25.00$ 25.65$ Additional Services Mult Family Mixed Organics Roll-Off - Service Only Attachment 3 2        Packet Page. 28 Resolution No. 2025-310 Resolution No. 2025-310 7 2 2 6 RESOLUTION NO. 2025-310 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADJUSTING THE MAXIMUM PERMITTED SERVICE RATES FOR INTEGRATED SOLID WASTE COLLECTION, PROCESSING, AND DISPOSAL SERVICES FOR FY 2025-26 AND FINDING THIS ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Burrtec Waste Industries, Inc. (“Burrtec”) provides refuse, recycling, and organic waste collection, procession and disposal, street sweeping, and right-of-way clean up services to the City of San Bernardino (“City”) pursuant to an exclusive franchise agreement with the City (“Agreement”); and WHEREAS, Burrtec is required to provide such solid waste services (“Services”) as set forth in the Agreement; and WHEREAS, since the approval of the Agreement, California law changed to now require the City to implement additional solid waste diversion programs; and WHEREAS, Burrtec will continue to provide Services that comply with regulations to implement SB 1383 (Chapter 395, Statutes of 2016) (“SB 1383 Regulations”) to the City; and WHEREAS, the rate structure for solid waste, recycling, and organics (including green waste and food waste) collection is based on the container size, type of materials accepted in the containers, and frequency of collection; and WHEREAS, the terms of the Agreement provide a methodology for adjustments to the Maximum Permitted Services Rates, including Consumer Price Index (CPI); and, WHEREAS, the City has determined that it is necessary to impose new, increased or modified rates for its solid waste service charges (collectively herein, the “Charges”); and WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, the Charges will not be imposed on a parcel unless the services are actually used by, or immediately available to, the owner or tenant of the parcel; and WHEREAS, California Constitution article XIII D, section 6 (“Article XIII D”) requires that prior to imposing any increase to the Charges, the City shall provide written notice (the “Notice”) by mail of: (1) the proposed increases to such Charges to the record owner of each parcel upon which the Charges are proposed for imposition and any tenant directly liable for payment of the Charges; (2) the amount of the Charges proposed to be imposed on each        Packet Page. 29 Resolution No. 2025-310 Resolution No. 2025-310 7 2 2 6 parcel; (3) the basis upon which the Charges were calculated; (4) the reason for the Charges; and (5) the date, time, and location of a public hearing (the “Hearing”) on the proposed Charges; and WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the Charges not less than 45 days prior to the Hearing on the proposed Charges; and WHEREAS, the Notice was mailed in accordance with Article XIII D; and WHEREAS, the Hearing was held on this day, July 2, 2025; and WHEREAS, at the Hearing the City Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases for the Charges from a majority of the affected property owners upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges; and WHEREAS, the City Council now desires to establish and impose the proposed Charges. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby approves the maximum Charges, effective July 2, 2025, for solid waste service at the maximum rates as set forth in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. The City Council hereby adopts annual automatic adjustments for the then- current maximum Charges effective July 1, 2026, and each July 1 thereafter, through and including July 1, 2030, without further public hearings. Pursuant to such authority, the City shall be authorized annually to increases the maximum Charges by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urbans Consumer Index (CPI- U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Statistics, provided the City shall not increase the Charges by more than five percent (5%) in any calendar year, and in no event shall any such annual automatic adjustment cause the maximum Charges to exceed the cost of providing the Services. Prior to implementing any increase in the maximum Charges as a result of the annual automatic adjustment, the City shall provide written notice of the rate increase at least thirty (30) days in advance of the effective date. SECTION 4. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit intention of the City Council that the Charges adopted pursuant to this Resolution shall prevail.        Packet Page. 30 Resolution No. 2025-310 Resolution No. 2025-310 7 2 2 6 SECTION 5. This Resolution is not subject to the requirements of California Environmental Quality Act (“CEQA”). The approval of this Resolution is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The Charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 215 North “D” Street, San Bernardino, CA 92401. The custodian for these records is the City Clerk of the City. SECTION 6. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7. This Resolution shall take effect immediately upon adoption SECTION 8. The City Clerk shall attest and certify to the passage and adoption thereof. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of July, 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 31 Resolution No. 2025-310 Resolution No. 2025-310 7 2 2 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-310, adopted at a regular meeting held on the 2nd day of July 2025 by the following vote: Council Members:AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025. Telicia Lopez, CMC, Acting City Clerk        Packet Page. 32 Resolution No. 2025-310 Resolution No. 2025-310 7 2 2 6 EXHIBIT A MAXIMUM PERMITTED SERVICE RATES        Packet Page. 33 EXHIBIT A – Maximum Permitted Service Rates Resolution No. 2025-310 7 2 2 6 Current Proposed Rates 2025 Residential/MF Barrel 26.42$ 27.75$ Residential 35 Gal Barrel 23.43$ 24.60$ Residential 35 Gal Barrel Sr 21.09$ 22.14$ Mobile Home - 3 Barrel Service 17.73$ 18.62$ Mobile Home Complex - 2 Barrel 17.73$ 18.62$ Size Freq 1 cu. yrd.1 x Wk 128.28$ 133.69$ 1 cu. yrd.2 x Wk 235.06$ 245.32$ 1 cu. yrd.3 x Wk 348.56$ 363.85$ 1 cu. yrd.4 x Wk 459.37$ 479.62$ 1 cu. yrd.5 x Wk 567.48$ 592.61$ 1 cu. yrd.6 x Wk 757.61$ 789.77$ 2 cu. yrd.1 x Wk 128.87$ 136.35$ 2 cu. yrd.2 x Wk 236.22$ 250.64$ 2 cu. yrd.3 x Wk 350.32$ 371.83$ 2 cu. yrd.4 x Wk 461.70$ 490.23$ 2 cu. yrd.5 x Wk 570.42$ 605.92$ 2 cu. yrd.6 x Wk 761.10$ 805.70$ 3 cu. yrd.1 x Wk 137.52$ 147.30$ 3 cu. yrd.2 x Wk 260.45$ 279.61$ 3 cu. yrd.3 x Wk 387.00$ 415.65$ 3 cu. yrd.4 x Wk 508.39$ 546.38$ 3 cu. yrd.5 x Wk 632.44$ 679.86$ 3 cu. yrd.6 x Wk 967.58$ 1,029.93$ 4 cu. yrd.1 x Wk 151.54$ 163.74$ 4 cu. yrd.2 x Wk 286.96$ 310.92$ 4 cu. yrd.3 x Wk 422.35$ 458.09$ 4 cu. yrd.4 x Wk 556.44$ 603.93$ 4 cu. yrd.5 x Wk 690.50$ 749.71$ 4 cu. yrd.6 x Wk 1,194.23$ 1,274.85$ 6 cu. yrd.1 x Wk 219.94$ 238.04$ 6 cu. yrd.2 x Wk 419.68$ 455.35$ 6 cu. yrd.3 x Wk 620.77$ 674.05$ 6 cu. yrd.4 x Wk 827.26$ 898.29$ 6 cu. yrd.5 x Wk 1,016.26$ 1,104.58$ 6 cu. yrd.6 x Wk 1,207.95$ 1,313.63$ Residential Trash Bins        Packet Page. 34 EXHIBIT A – Maximum Permitted Service Rates Resolution No. 2025-310 7 2 2 6 Current Proposed Rates 2025 Size Freq 1 cu. yrd.1 x Wk 145.42$ 151.28$ 1 cu. yrd.2 x Wk 266.44$ 277.52$ 1 cu. yrd.3 x Wk 395.11$ 411.62$ 1 cu. yrd.4 x Wk 520.70$ 542.55$ 1 cu. yrd.5 x Wk 643.27$ 670.38$ 1 cu. yrd.6 x Wk 858.77$ 893.57$ 2 cu. yrd.1 x Wk 146.08$ 154.01$ 2 cu. yrd.2 x Wk 267.76$ 283.00$ 2 cu. yrd.3 x Wk 397.10$ 419.83$ 2 cu. yrd.4 x Wk 523.35$ 553.49$ 2 cu. yrd.5 x Wk 646.58$ 684.08$ 2 cu. yrd.6 x Wk 862.73$ 909.99$ 3 cu. yrd.1 x Wk 155.88$ 166.14$ 3 cu. yrd.2 x Wk 295.24$ 315.31$ 3 cu. yrd.3 x Wk 438.67$ 468.67$ 3 cu. yrd.4 x Wk 576.27$ 616.04$ 3 cu. yrd.5 x Wk 716.89$ 766.51$ 3 cu. yrd.6 x Wk 1,096.78$ 1,162.51$ 4 cu. yrd.1 x Wk 171.77$ 184.50$ 4 cu. yrd.2 x Wk 325.27$ 350.23$ 4 cu. yrd.3 x Wk 478.75$ 515.97$ 4 cu. yrd.4 x Wk 630.74$ 680.17$ 4 cu. yrd.5 x Wk 782.71$ 844.33$ 4 cu. yrd.6 x Wk 1,353.70$ 1,438.49$ 6 cu. yrd.1 x Wk 249.30$ 268.17$ 6 cu. yrd.2 x Wk 475.72$ 512.86$ 6 cu. yrd.3 x Wk 703.65$ 759.10$ 6 cu. yrd.4 x Wk 937.71$ 1,011.63$ 6 cu. yrd.5 x Wk 1,151.95$ 1,243.82$ 6 cu. yrd.6 x Wk 1,369.23$ 1,479.13$ Comm/MF/Resi Recycling Bins Size Freq All Sizes 1 x Wk 53.59$ 54.99$ All Sizes 2 x Wk 107.17$ 109.97$ All Sizes 3 x Wk 160.76$ 164.96$ All Sizes 4 x Wk 215.00$ 220.62$ All Sizes 5 x Wk 268.58$ 275.60$ All Sizes 6 x Wk 322.17$ 330.59$ Commercial/MF Trash Bins        Packet Page. 35 EXHIBIT A – Maximum Permitted Service Rates Resolution No. 2025-310 7 2 2 6 Current Proposed Rates 2025 26.42$ 27.61$ Size Freq 2 cu. yrd.1 x Wk 152.41$ 160.50$ 2 cu. yrd.2 x Wk 285.57$ 301.28$ 2 cu. yrd.3 x Wk 420.12$ 443.45$ 2 cu. yrd.4 x Wk 553.86$ 584.80$ 2 cu. yrd.5 x Wk 687.86$ 726.43$ 2 cu. yrd.6 x Wk 914.95$ 963.57$ 3 cu. yrd.1 x Wk 179.87$ 190.75$ 3 cu. yrd.2 x Wk 335.00$ 356.11$ 3 cu. yrd.3 x Wk 492.89$ 524.31$ 3 cu. yrd.4 x Wk 643.92$ 685.46$ 3 cu. yrd.5 x Wk 805.93$ 857.88$ 3 cu. yrd.6 x Wk 1,076.39$ 1,141.58$ 4 cu. yrd.1 x Wk 179.87$ 192.81$ 4 cu. yrd.2 x Wk 335.00$ 360.22$ 4 cu. yrd.3 x Wk 492.89$ 530.48$ 4 cu. yrd.4 x Wk 643.92$ 693.70$ 4 cu. yrd.5 x Wk 805.93$ 868.16$ 4 cu. yrd.6 x Wk 1,076.39$ 1,153.93$ Commercial/MF/Resi GW Bins Size Freq 1 cu. yrd.1 x Wk 123.20$ 126.42$ 1 cu. yrd.2 x Wk 227.60$ 233.55$ 1 cu. yrd.3 x Wk 334.68$ 343.43$ 1 cu. yrd.4 x Wk 441.75$ 453.30$ 1 cu. yrd.5 x Wk 547.45$ 561.76$ 2 cu. yrd.1 x Wk 124.09$ 127.33$ 2 cu. yrd.2 x Wk 229.37$ 235.37$ 2 cu. yrd.3 x Wk 337.33$ 346.15$ 2 cu. yrd.4 x Wk 445.28$ 456.92$ 2 cu. yrd.5 x Wk 551.88$ 566.31$ 3 cu. yrd.1 x Wk 133.05$ 136.53$ 3 cu. yrd.2 x Wk 251.25$ 257.82$ 3 cu. yrd.3 x Wk 367.95$ 377.57$ 3 cu. yrd.4 x Wk 484.67$ 497.34$ 3 cu. yrd.5 x Wk 599.99$ 615.68$ 4 cu. yrd.1 x Wk 145.54$ 149.35$ 4 cu. yrd.2 x Wk 270.47$ 277.54$ 4 cu. yrd.3 x Wk 396.78$ 407.15$ 4 cu. yrd.4 x Wk 524.47$ 538.18$ 4 cu. yrd.5 x Wk 649.41$ 666.39$ 6 cu. yrd.1 x Wk 167.50$ 171.88$ 6 cu. yrd.2 x Wk 311.65$ 319.80$ 6 cu. yrd.3 x Wk 458.56$ 470.55$ 6 cu. yrd.4 x Wk 587.64$ 603.00$ 6 cu. yrd.5 x Wk 746.87$ 766.40$ 35Gal Barrel 1 x Wk 49.64$ 50.94$ 35Gal Barrel 2 x Wk 83.18$ 85.35$ 35Gal Barrel 3 x Wk 111.54$ 114.46$ 35Gal Barrel 4 x Wk 140.33$ 144.00$ 35Gal Barrel 5 x Wk 179.15$ 183.83$ 65Gal Barrel 1 x Wk 56.16$ 57.63$ 65Gal Barrel 2 x Wk 96.13$ 98.64$ 65Gal Barrel 3 x Wk 130.90$ 134.32$ 65Gal Barrel 4 x Wk 166.11$ 170.45$ 65Gal Barrel 5 x Wk 211.36$ 216.89$ Commercial Barrel (1xWk) Commercial Compactors        Packet Page. 36 EXHIBIT A – Maximum Permitted Service Rates Resolution No. 2025-310 7 2 2 6 Current Proposed Rates 2025 Size Freq 2 cu. yrd.1 x Wk 263.53$ 270.42$ 2 cu. yrd.2 x Wk 475.26$ 487.69$ 2 cu. yrd.3 x Wk 670.32$ 687.85$ 2 cu. yrd.4 x Wk 866.88$ 889.54$ 2 cu. yrd.5 x Wk 1,095.40$ 1,124.04$ 2 cu. yrd.6 x Wk 1,257.62$ 1,290.50$ 35Gal Barrel 1 x Wk 69.21$ 71.02$ 35Gal Barrel 2 x Wk 122.34$ 125.54$ 35Gal Barrel 3 x Wk 170.26$ 174.71$ 35Gal Barrel 4 x Wk 218.64$ 224.36$ 35Gal Barrel 5 x Wk 277.04$ 284.28$ 35Gal Barrel 6 x Wk 314.76$ 322.99$ 65Gal Barrel 1 x Wk 78.46$ 80.51$ 65Gal Barrel 2 x Wk 143.25$ 147.00$ 65Gal Barrel 3 x Wk 203.65$ 208.97$ 65Gal Barrel 4 x Wk 264.40$ 271.31$ 65Gal Barrel 5 x Wk 333.63$ 342.35$ 65Gal Barrel 6 x Wk 385.35$ 395.43$ Commercial Food Waste        Packet Page. 37 EXHIBIT A – Maximum Permitted Service Rates Resolution No. 2025-310 7 2 2 6 Current Proposed Rates 2025 Size Freq 35Gal Barrel 1 x Wk 61.44$ 63.05$ 35Gal Barrel 2 x Wk 106.79$ 109.58$ 35Gal Barrel 3 x Wk 146.95$ 150.79$ 35Gal Barrel 4 x Wk 187.55$ 192.45$ 35Gal Barrel 5 x Wk 238.19$ 244.42$ 35Gal Barrel 6 x Wk 268.14$ 275.15$ 65Gal Barrel 1 x Wk 78.09$ 80.13$ 65Gal Barrel 2 x Wk 139.98$ 143.64$ 65Gal Barrel 3 x Wk 196.69$ 201.83$ 65Gal Barrel 4 x Wk 253.84$ 260.48$ 65Gal Barrel 5 x Wk 321.00$ 329.39$ 65Gal Barrel 6 x Wk 367.50$ 377.11$ 95Gal Barrel 1 x Wk 94.73$ 97.21$ 95Gal Barrel 2 x Wk 173.16$ 177.69$ 95Gal Barrel 3 x Wk 246.43$ 252.87$ 95Gal Barrel 4 x Wk 320.11$ 328.48$ 95Gal Barrel 5 x Wk 403.83$ 414.39$ 95Gal Barrel 6 x Wk 466.86$ 479.07$ - All Refuse Permanent - Plus Disposal 381.73$ 397.96$ - All Refuse Temporary 615.90$ 638.25$ incl Disp incl Disp - All Recycling (Different Materials) - Plus Disposal 381.73$ 397.96$ - Waste to Energy 40Yrd - Plus Disposal 1,334.81$ 1,375.96$ Roll Off Retractable Lid Monthly Rental Fee 239.00$ 251.50$ Receiver 312.50$ 326.92$ Compactor Box 437.50$ 455.19$ Water Reclamation 128.91$ 132.28$ Miscellaneous RO Compactor Repair (per hour)76.21$ 78.20$ Compactor Cleaning (each/single occurrence)151.90$ 155.87$ Dry Run / Relocate Roll Offs (Perm & Temp)85.44$ 87.67$ Roll Off Daily Rental Fee (Perm & Temp)42.03$ 43.13$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 158.62$ per occurrence in excess of 15 min End Dump Service (per Hour)234.38$ 240.51$ Certificate of Destruction 127.03$ 130.35$ Mult Family Mixed Organics Roll-Off - Service Only        Packet Page. 38 EXHIBIT A – Maximum Permitted Service Rates Resolution No. 2025-310 7 2 2 6        Packet Page. 39 EXHIBIT A – Maximum Permitted Service Rates Resolution No. 2025-310 7 2 2 6 Current Proposed Rates 2025 Residential/Commercial - Barrel Exchange (first Exchange free) charge does not apply to 17.24$ 17.69$ graffiti or damaged barrels Commercial - Barrel Replacement comml-lost or stolen 85.16$ 87.39$ Bin Services - Bin Exchange (first Exchange free) charge does not apply to 86.22$ 88.47$ graffiti or damaged barrels - Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ 96.44$ Bin Enclosure Cleaning (each/single occurrence)42.33$ 43.44$ Bin Steam Cleaning (each/single occurrence)42.33$ 43.44$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF)N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial)14.77$ 15.16$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/C Extra Recycling Barrel (Com) 26.98$ 27.69$ Extra Green Waste Barrel (Resi/MF only)12.93$ 13.27$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 78.63$ Temporary Bin (3 Yrd) - 7 Day use 78.60$ 80.66$ Temp Bin Dump and Return 78.60$ 80.66$ Clean-Up Service (per 15 min)41.27$ 42.35$ Recycling Contamination Barrel 10.96$ 11.25$ Recycling Contamination (each bin)67.20$ 68.96$ Extra Pick-Ups Bins - On Service Day 1 & 2 Yard (Trash/Recyc)28.80$ 29.55$ 3 Yard (Trash/Recyc)31.32$ 32.14$ 4 Yard (Trash/Recyc)34.31$ 35.21$ 6 Yard (Trash/Recyc)40.65$ 41.71$ Extra Pick-Ups All Bins - On Non-Service Day (Trash)51.25$ 52.59$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc)39.87$ 40.91$ Extra Pick-Ups Compactors (Trash) 2 Yard 31.32$ 32.14$ 3 & 4 Yard 34.31$ 35.21$ Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 10.84$ Extra Pick-Ups FW Bins 99.73$ 102.34$ Extra Pick-Ups Barrel - FW 29.69$ 30.47$ Tilhopper (3 yd)34.18$ 35.07$ Lock 20.16$ 20.69$ Late set-out fee 32.74$ 33.60$ Late Fee 1.5%1.5% Shopping cart retrieval 25.00$ 25.65$ Additional Services        Packet Page. 40 CONSENT CALENDAR July 2, 2025 Honorable Mayor and City Council Members Telicia Lopez, Acting City Clerk City Clerk It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates: 1. May 3, 2023 Regular Meeting Draft Minutes 2. August 2, 2023 Regular Meeting Draft Minutes 3. October 4, 2023 Regular Meeting Draft Minutes 4. November 15, 2023 Regular Meeting Draft Minutes Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text.        Packet Page. 41 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, MAY 3, 2023 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:31 PM by Mayor Helen Tran on Wednesday, May 3, 2023, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Late 5:32 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 Late 5:40 p.m. Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present Helen Tran Mayor Present Charles McNeely Interim City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha 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. 42 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. City Attorney Sonia Carvalho made an announcement prior to convening into Closed Session. After the posting of the agenda the city was made aware of potential litigation to be taken on behalf of the developer involved in Item No. 23 of the open session agenda. To address this urgent matter, staff requested to add items C and D to the Closed Session Agenda. In accordance with Section 54954.2 (b)(2) of the Brown Act there must be a two-third vote (5/7) to add the item to the agenda, and there must be an immediate need to take action. Both requirements being, and the City Council took a vote to add the two items. Fred Shorett, Council Member, Ward 4 Kimberly Calvin, Council Member, Ward 5 Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander Ben Reynoso - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i)Diana Herrera, et al., v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2000255 (Pursuant to Government Code Section 54957) City Manager (Recruitment Process) – Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item Property: Carousel Mall Property, 43 acres Agency Negotiator: Charles McNeely, Interim City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group) Under Negotiation:Price and Terms        Packet Page. 43 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 3 7:00 P.M. The meeting was called to order at 7:07 P.M. Monk Thích Hue Phuc of Huyen Quang of the Vietnamese Youth Association led the Invocation and Lizzet Sotelo from Arrowview Middle school led the Pledge of Allegiance to the Flag. City Attorney Sonia Carvalho stated that prior to closed session, the Mayor and City Council voted to add two items (Items C and D) to the closed session agenda. The items were added in accordance with the Brown Act. There was no reportable action from closed session. Mayor Tran re-ordered the agenda and public comments were heard after Presentations. 1. Mayor Tran presented the proclamation to Ramsey Sam, President of the Asian American Resources Center 2. - May 6th, 2023 Mayor Tran presented the proclamation to Genoveva Rocha, City Clerk; Telicia Lopez, Chief Deputy City Clerk; Courtney Bowen, Deputy City Clerk; and Perla Lopez, Deputy City Clerk. 3. Before the Mayor presented the proclamation, a public service announcement video was presented regarding water safety. Mayor Tran presented the proclamation to Lydie Gutfeld, Director of Parks, Recreation & Community Services, and Zachary Tamayo, Community Services Program Coordinator. E. Negrete, San Bernardino, asked the council to do their best with public funds and expressed concern about the issues in the city’s parks. She also spoke on the Mayor’s assistant’s work hours. David McCammack, business owner in San Bernardino, spoke on past Council Members being instrumental in the funding of several activities in the city. The past Council worked with the community. The current council shows adverse greed. He also mentioned having issues with code enforcement.        Packet Page. 44 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 4 Janette McKaig, 7th ward resident, spoke in opposition to terminating the contract with developers of the downtown project, and asked the council to do the best for the city and residents. th ward resident, spoke on the issues of the homeless encampment in Perris Hill Park. He also spoke about the agreement with the American Civil Liberties Union (ACLU) of Southern California. ñoz, Wildwood Park Neighborhood Association, submitted a letter for the record regarding homeless encampments. th Street. He asked the Council to take action and help the city and its residents. . th Ward resident, commented about the American Civil Liberties Union (ACLU) agreement and the lack of transparency and accountability from the Council. She expressed her concerns about safety and homelessness in the city. She also spoke against item 23 and asked the Council to start thinking about the residents. th Ward, spoke against the American Civil Liberties Union (ACLU) Agreement and how it only represents one person versus all the residents. Asked the Council to deny the agreement.        Packet Page. 45 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 5 Nelson Cabrera, business owner, commented about the streets being littered and the homeless situation. He asked the Council to help San Bernardino be a better city and help businesses stay in the city. He also thanked the Council for the recognition. th during baseball practice. She asked Council to help with the situation and have police officers at the park. th Ward resident, expressed concern about the homeless issue in the city and the importance of having social workers help the police officers with mental health.        Packet Page. 46 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 6 to the county, state, and federal officials. He invited the community to the Cinco de Mayo event. He thanked staff, Assistant City Manager, Interim City Manager and all the people who helped him. st Ward, Just San Bernardino, Member of Something Better for San Bernardino Coalition and Airport Coalition, thanked Nathan Freeman, Director of Community & Economic Development and City Planner, for all their time. She suggested a community panel to find staff who would stay and put in the work for the city. Spoke about the Carousel Mall needing a Community Benefits Agreement (CBA). And lastly, she expressed embarrassment from Council Member Shorett for not supporting Mayor Tran during the Inland Valley Development Agency (IVDA) meeting. At this time, the following remote speakers were heard via Zoom: nd Ward resident, agreed with a previous speaker about the good in the city. She also wanted to know which community meetings Council Member Ibarra attends to hear her residents. She expressed concern about the apartment complex where she currently lives. At this time, additional in-person speakers were heard:        Packet Page. 47 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 7 Marva Castro, informed about the homeless problem in the city. She suggested using empty buildings in the city to house the homeless, but also mentioned not all homeless can be housed together. She offered the Mayor and City Council her help. Written public comments were also provided to the Mayor and City Council. CITY MANAGER UPDATE th anniversary of the Sister City relationship, the reopening of the Makerspace at Feldheym Library and the city winning the SCAG Sustainability Award for Clean Fleet Policy. Interim City Manager Charles McNeely provided responses for comments made regarding the hiring of police officers, the use of Measure S funds, street vending enforcement, and homelessness. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS APPOINTMENTS 4.Charter Review Committee Appointment (Ward 6) RESULT: APPROVED APPOINTMENT [7-0] MOVER:Sandra Ibarra, Council Member, Ward 2 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 48 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 8 5.Public Safety and Human Relations Commission Appointment (Ward 6) RESULT: APPROVED APPOINTMENT [7-0] MOVER:Sandra Ibarra, Council Member, Ward 2 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 6.Downtown Advisory Committee Reappointment (Ward 2) RESULT: APPROVED APPOINTMENT [7-0] MOVER:Sandra Ibarra, Council Member, Ward 2 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 7.General Plan Advisory Committee Reappointment (Ward 2) RESULT: APPROVED REAPPOINTMENT [7-0] MOVER:Sandra Ibarra, Council Member, Ward 2 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 8.Planning Commission Reappointment (Ward 2) RESULT: APPROVED REAPPOINTMENT [7-0] MOVER:Sandra Ibarra, Council Member, Ward 2 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 9.Animal Control Commission Reappointment of Angela Halfman (Mayor’s Appointment) RESULT: APPROVED REAPPOINTMENT [7-0] MOVER:Sandra Ibarra, Council Member, Ward 2 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 49 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 9 10.Animal Control Commission Appointment of Jason Kakpo-Moore (Mayor’s Appointment) RESULT: APPROVED APPOINTMENT [7-0] MOVER:Sandra Ibarra, Council Member, Ward 2 SECONDER:Ben Reynoso, Council Member, Ward 5 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. Council Member Figueroa and Council Member Calvin left the dais. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 22 FOR DISCUSSION [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT:Juan Figueroa and Kimberly Calvin 11.Adoption of Ordinance No. MC-1616 (Annexation 29) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1616 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-1616 [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT:Juan Figueroa and Kimberly Calvin        Packet Page. 50 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 10 12.Approval of Amendment No. 3 to the Interim Golf Course Management Agreement for the Operations and Maintenance of the Shandin Hills Golf Course (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Resolution No. 2023-058, approving Amendment No. 3 to the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills Arcis LLC; and direct the City Manager to execute Amendment No. 3. RESULT: ADOPTED RESOLUTION NO. 2023-058 [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT:Juan Figueroa and Kimberly Calvin 13.Authorization to Proceed with a Right of Way Vacation of a Portion Along 9th Street and Tippecanoe Avenue (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed right of way vacation of a portion of 9th Street and a portion of Tippecanoe Avenue. RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT:Juan Figueroa and Kimberly Calvin 14.Authorization to Proceed with the Street Vacation of a Portion of Broadway Avenue (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of Broadway Street. RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT:Juan Figueroa and Kimberly Calvin        Packet Page. 51 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 11 15.FY2023-2024 Emergency Solutions Grant (ESG) and Community Development Block Grant (CDBG) Agreements Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1.Approve FY 2022-2023 Emergency Solutions Grant (ESG) Program Subrecipient Agreement with Salvation Army, Lutheran Social Services of Southern California, and Community Action Partnership of San Bernardino County (CAPSBC), and 2.Approve FY 2022-2023 Community Development Block Grant Program Subrecipient Agreement with Inland Fair Housing and Mediation Board (IFHMB). RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT:Juan Figueroa and Kimberly Calvin 16.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 April 2023. RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT:Juan Figueroa and Kimberly Calvin 17.Investment Portfolio Report for February and March 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 Portfolio Report for February and March 2023. RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT:Juan Figueroa and Kimberly Calvin        Packet Page. 52 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 12 18. Second Amendment to the Concentra Medical Centers Professional Services Agreement for Pre-employment (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute: 1.Authorize the Second Amendment to the Professional Services Agreement with Occupational Health Centers of California doing business as (DBA) Concentra Medical Centers for pre-employment and screening services, effective February 1, 2023 – April 30, 2023. RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT:Juan Figueroa and Kimberly Calvin 19. Resolution Accepting the Federal Railroad Administration Railroad Trespassing Enforcement Grant. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-059, authorizing: 1.The City Manager to accept the FY 2022/23 Federal Railroad Administration Railroad Trespassing Enforcement Grant. 2.The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $120,000 in both revenue and expenditures. RESULT: ADOPTED RESOLUTION NO. 2023-059 [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT:Juan Figueroa and Kimberly Calvin 20.Receive Annual Military Equipment Report and Approve Future Purchases Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Receive and file the Department’s annual military equipment use report; 2.Approve the Department’s request to acquire additional life-saving equipment in accordance with Assembly Bill 481. RESULT: APPROVED STAFF’S RECOMMENATION [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT:Juan Figueroa and Kimberly Calvin        Packet Page. 53 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 13 21.Approving Amendment No. 1 to Cooperative Agreement No. 20-1002318 with the San Bernardino County Transportation Authority (SBCTA) for Phase II of the San Bernardino Metrolink Station Accessibility Improvement Project (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No.1 to Cooperative Agreement No. 20- 1002318 with the San Bernardino County Transportation Authority (SBCTA) for phase II of the San Bernardino Metrolink Station Accessibility Improvement Project. RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT:Juan Figueroa and Kimberly Calvin 22.Task Order Issued to Willdan Engineering for Augmented Engineering Services Pursuant to Professional Service Agreement for On-Call Engineering Services and Approval of Amendment No. 1 to Professional Services Agreement (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California 1. Approve a Task Order Willdan Engineering001 to Willdan Engineering to provide augmented Land Development and National Pollutant Discharge Elimination System (NPDES) Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for On-Call Engineering Services; and 2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $337,940; and 3. Approve Amendment No. 1 to Professional Services Agreement for On -Call Engineering Services. Council Member Reynoso and Council Member Alexander pulled this item for discussion. Council Member Reynoso asked what the need was to outsource this project, and what the budget would look like for this item in the future. Council Member Figueroa returned to the dais at 10:10 p.m. Susan Pan Acting City Engineer explained that the Land Division has several development projects and outsourcing service will help the demand of the work and projects. Interim City Manager Charles McNeely explained the back-log of projects the city currently has and that the projects required senior level engineering. Council Member Alexander mentioned there are complaints resulting from using these engineering services. Susan Pan explained that they keep track of the contractors’ performance to make sure        Packet Page. 54 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 14 they complete the job. RESULT: APPROVED SUBSTITUTE MOTION TO APPROVED STAFF’S RECOMMENDATION [5-2] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin NOES:Sandra Ibarra, Damon Alexander DISCUSSION 23.Authorize the Interim City Manager to Terminate the Exclusive Negotiating Agreement with the San Bernardino Development Company (SBDC) and pay liquidated damages associated with said termination (Ward 1) Recommendation: RESULT: APPROVED STAFF’S RECOMMENDATION [5-2] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso NOES:Kimberly Calvin, Damon Alexander        Packet Page. 55 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 15 PUBLIC HEARING 24. Appeal 23-01 of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-060 denying Appeal 23-01 thereby upholding the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21(Off-Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres located at 1820 W. 5th Street (APN: 0138-081-19) within the Commercial General (CG-1) zone (Attachment 1) Item pulled by the City Manager for consideration at a future meeting. 25. Appeal 23-02 for Conditional Use Permit 22-13 and Minor Exception 22-04 Recommendation: Adopt Resolution No. 2023-061 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 23-02 thereby upholding Planning Commission’s denial of Conditional Use Permit 22-13 and Minor Exception 22 -04 to allow the development, establishment, and operation of a self-storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirty-three (33) feet located at 1534 W. Highland Avenue (APN: 0148-174-04, 10, 11, 15 through 18), within the Commercial General (CG-1) zone. Item pulled by the City Manager for consideration at a future meeting.        Packet Page. 56 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 16 26. Proposed Fiscal Year 2023-24 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs (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 citizen’s comments on the proposed Fiscal Year 2023 -24 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs; and 2.Consider any necessary changes to the proposed Fiscal Year 2023-24 Annual Action Plan and direct staff to return on June 21, 2023, with the final Annual Action Plan for consideration prior to submittal to United States Department of Housing and Urban Development. Mayor Tran opened the public hearing at 10:41 p.m. Deputy Director of Housing Cassandra Searcy provided a presentation. There was one public speaker for this item. Les, spoke on apartment complex near the library that can become a homeless shelter and the building next to it can become a resource center. Two additional speakers, Marva Castro and Nathaniel Moore, requested to speak but were no longer in attendance when the public hearing was opened. Mayor Tran closed the public hearing at 10:46 p.m. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 57 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 17 27. Community Facilities District No. 2018-2 (Verdemont Ranch) 2023 Special Tax Bonds Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-062, 1. Authorizing the issuance of, not to exceed $3,500,000 aggregate principal account of Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds; 2. Approving a form of Preliminary Official Statement, a form of the Fiscal Agent Agreement, a form of Bond Purchase Agreement, a form of Security Agreement, a form of Funding Agreement and a form of Continuing Disclosure Agreement, which is attached to the Preliminary Official Statement as Appendix E; 3. Making certain determinations relating thereto; and 4. Authorizing certain other actions in connect therewith. Mayor Tran opened the public hearing at 11:01 p.m. Agency Director of Administrative Services Barbara Whitehorn did not have a presentation but was available for questions along with Best Best & Krieger and Columbia Capital staff. There was one public speaker, Felix Robles. He spoke in support of this item, and stated Community Facilities Districts (CFDs) are helping the city move in the right direction. This will help bring builders and grow the city. The public hearing was closed at 11:06 p.m. RESULT: ADOPTED RESOLUTION NO. 2023-062 [6-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSTAIN:Damon Alexander ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 28. Extending Notification Period of Public Hearings (All Wards) – Council Member Reynoso RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 58 Regular Meeting Draft Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 18 29. Consider Removal of Oxbow Cement Pile (Ward 5) – Council Member Reynoso Damon Alexander, Council Member, Ward 7 Ben Reynoso, Council Member, Ward 5 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander The meeting of the Mayor and City Council was adjourned on Wednesday, May 3, 2023, at 11:12 p.m., in memory of Retired Police Sergeant Gerald Jones. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, May 17, 2023, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m. By: Telicia Lopez Telicia Lopez, CMC, Acting City Clerk        Packet Page. 59 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, AUGUST 2, 2023 5:30 PM The Closed Session of the Mayor and City Council of the City of San Bernardino was called to order at 5:32 PM by Mayor Helen Tran on Wednesday, August 2, 2023, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Mayor Pro-Tem, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Via Zoom Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present Helen Tran Mayor Present Charles E. McNeely Interim 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        Packet Page. 60 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. There were no public comments or request to speak. City Manager (Recruitment Process) The Mayor and City Council convened into Closed Session at 5:32 p.m The Regular Meeting was called to order at 7:12 PM by Mayor Helen Tran on Wednesday, August 2, 2023, at Feldheym Central Library, San Bernardino, CA. Chaplin Paul Lujan of Victor Outreach led the Invocation and Taylor Lopez, daughter of Chief Deputy City Clerk Telicia Lopez led the Pledge of Allegiance to the Flag. City Attorney Sonia Carvalho stated that the Mayor and City Council are continuing to work on the City Manager selection process and have interviews scheduled for August 3, 2023. Mike Hartley is concerned that there are Accessory Dwelling Units on his street operated by PAMA. He also spoke about not having enough Code Enforcement Officers in the city. Dolores Armstead had questions regarding the agenda packet Item No. 7 artist selection for the grant and Item No. 12 how the grant fund is being distributed. Robert Porter thanked the Police Department for National Night Out and the city staff. He asked local businesses to clean up the outside of their property and asked to help those who are still living in the apartments on Fourth Street. Daniel Jivandee spoke on the Inland Valley Development Agency, implementing warehouse moratorium, the development of the airport gateway, and bringing high paying jobs. Alejandro Gutierrez, Executive Director of Arts Connection, spoke in support of Item No. 7. The funding of the grant can transform the region and help artists. Frank Audi spoke on the positive change in the Police Department's response to calls and hopes to see more changes in the city. He hopes the Carousel Mall will bring business to the city. Moses Ramirez, Operation New Hope, thanked the Mayor and City Council for their support and asked to collaborate more to help the community.        Packet Page. 61 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 3 Georgia Lykouretzos spoke on the number of animals in the streets. Asked where the Animal Services funds are going to because the animals continue to suffer. th Ward resident, spoke in support of Item No. 19 and the removal of 3.2 of the Draft Housing Element of San Bernardino. At this time, the following remote speakers were heard via Zoom: At this time, City Clerk Genoveva Rocha read the following written comments into the record, per ADA accommodation requests: CITY MANAGER UPDATE        Packet Page. 62 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 4 PUBLIC HEARING 14.Public Hearing on Annexation No. 35 to Community Facilities District 2019-1 (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Hold a Public Hearing; and 2.Adopt Resolution No. 2023-123 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 35) ; and 3.Hold a special landowner election and canvass the election; and 4.Adopt Resolution No. 2023-124 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 35) ; and 5.Introduce, read by title only, and waive further reading of Ordinance No. MC-1617 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 annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6.Schedule the adoption of Ordinance No. MC-1617 for August 16, 2023. Mayor Tran opened the public hearing at 8:02 p.m. There were no public speakers or requests to speak. City Clerk Rocha reported there were no written protests received. The public hearing was closed at 8:03 p.m. Juan Figueroa, Council Member, Ward 3 Fred Shorett, Council Member, Ward 4 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Fred Shorett, Council Member, Ward 4 Juan Figueroa, Council Member, Ward 3 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Fred Shorett, Council Member, Ward 4 Juan Figueroa, Council Member, Ward 3 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 63 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 5 15.Public Hearing on Annexation No. 36 to Community Facilities District 2019-1 (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Hold a Public Hearing; and 2.Adopt Resolution No. 2023-125 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 36) ; and Hold a special landowner election and canvass the election; and 3.Adopt Resolution No. 2023-126 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 36) ; and 4.Introduce, read by title only, and waive further reading of Ordinance No. MC-1618 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 annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and Schedule the adoption of Ordinance No. MC-1618 for August 16, 2023 Mayor Tran opened the public hearing at 8:06 p.m. Interim Agency Director of Community Economic Development and Housing, Mary Lanier provided a presentation. There was one public speaker. Cheryl Brown, 6th Ward Resident, had several questions about taxes, how this fits into the city’s general plan, and what funds are being used. City Clerk Rocha reported there were no written protests received. The public hearing was closed at 8:13 p.m. There was discussion regarding how much the special taxes are going to generate and what the plan will be to spend the money. Interim Agency Director of Community and Economic Development Mary Lanier referred to the presentation to answer the questions. The funds generated go back to maintaining the property. RESULT: ADOPT RESOLUTION NO. 2023-125 [5-2] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES:Ben Reynoso and Kimberly Calvin        Packet Page. 64 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 6 RESULT: ADOPTED RESOLUTION NO. 2023-126 [5-2] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES:Ben Reynoso and Kimberly Calvin RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1618 [6-1] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES:Ben Reynoso 16.2021-2029 Draft Housing Element Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Receive public comments on the 2021-2029 Draft Housing Element; and 2.Provide comments and direction on the 2021-2029 Draft Housing Element; and 3.Authorize, by motion, staff to make necessary changes to the 2021-2029 Draft Housing Element based on comments and direction; and 4.Authorize, by motion, the Community, Housing, and Economic Development Department to submit the revised document to the State Department of Housing and Community Development (HCD) for review. Mayor Tran opened the public hearing at 8:21 p.m. Interim Agency Director of Community Economic Development and Housing, Mary Lanier provided a presentation. There were twenty-five public speakers. The following speakers support removing the 3.2 program from the housing element. Jennifer Tilton Roshon Dodson Michael Griggs Sonya Gray-Hunn Vanessa Perez Dolores Armstead Fidel Chagolla Zafiro Tellez Miriam Nieto Leticia Sutton Nohemi Karen Suarez Maravilla Guiles Cheryl Brown Desiree Sanchez, American Civil Liberties Union, asked several questions about the housing element. Christian Perez would like to see the housing element move forward and help those who are facing housing discrimination. Jim Mulvihill supported the Housing Element and sent the draft to Sacramento. Also, spoke on the eviction, there should be an appeal process and legal aid be available.        Packet Page. 65 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 7 At this time, the following remote speakers were heard via Zoom: Jessica Alcusera and James Albert spoke in support of removing the 3.2 program from the housing element. RDale Evans stated he had no further comments. The public hearing was closed at 9:26 p.m. There was a discussion on the Draft Housing Element. Council Member Reynoso made a motion to separate the crime free multi-housing ordinance from the housing element draft and it was seconded my Council Member Alexander. Council Member Calvin spoke about the April 5th meeting, there was a motion by Council Member Reynoso and her to agendize the re-appeal of crime free multi- housing. Also, Council Member Alexander expressed concerns about the follow up after the code enforcement violation and the annual inspections for all apartments of four or more units. Interim Agency Director of Community Economic Development and Housing Mary Lanier mentioned that elimination of the program includes the annual inspections but can discuss with legal counsel to find out what components can be removed or remain. Council Member Sanchez made a substituted motion to keep the crime free component and approve the draft as is. The motion was second by Council Member Shorett. Motion failed 3 to 4. A vote was then taken on the original motion made by Council Member Reynoso. Ben Reynoso, Council Member, Ward 5 Damon Alexander, Council Member, Ward 7 Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander Fred Shorett        Packet Page. 66 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 8 17.Imposing Liens on Certain Parcels of Real Property for Unpaid Business Registration Taxes and Penalties (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 receive public comment on the matter; and 2.Adopt Resolution No. 2023-127 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and 3.Direct the Agency Director of Administrative Services to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing. Mayor Tran opened the public hearing at 9:50 p.m. Business Registration Manager, Minerva Berumen provided a presentation. There were no public speakers. The public hearing was closed at 9:53 p.m. RESULT: ADOPTED RESOLUTION NO. 2023-127 [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Sandra Ibarra At this time the Mayor and City Council resumed the order of the agenda.        Packet Page. 67 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 9 CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 7 FOR A SEPARATE VOTE [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 1. Amendment No. 4 to Professional Services Agreement with Advanced Pet Care (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Interim City Manager to execute Amendment No. 4 to the Professional Services Agreement (PSA) with Advanced Pet Care, and increase the annual contract amount to $350,000. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 2. Grant of Easement, 15.02-1671, to Southern California Edison Company across City property located at 607 E Highland Avenue (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-117, approving a Grant of Easement, number 15.02-1671, to the Southern California Edison Company (SCE) across City property located at 607 E Highland Avenue (APN: 0147-031-14-0000). RESULT: ADOPTED RESOLUTION NO. 2023-117 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 68 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 10 3. Approve Amendment No. 1 to Grant Agreement with California Volunteers and Approve Professional Service Agreements with The Love Program and Operation New Hope for the Californians For All Youth Workforce Development Program (All Wards) It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1.Authorize the Interim City Manager, or designee, to execute Amendment No. 1 to the agreement between the City of San Bernardino and California Volunteers for the 2021 Californians For All Youth Workforce Development Program, and any subsequent amendments necessary to implement the grant and incorporate the sub-recipient awards. 2.Approve a Professional Service Agreement (PSA) with Operation New Hope in the amount of $178,056 to create entry-level career pathways in the non-profit sector for the period of August 3, 2023, through May 1, 2024. 3.Approve a Professional Service Agreement (PSA) with The Love Program in the amount of $329,088 to create entry-level career pathways in the non-profit sector for youth for the period of August 3, 2023, through May 1, 2024. 4.Authorize the Police Department to increase approved staffing by three Records Technicians, the Human Resources Department to increase approved staffing by one Human Resources Analyst Trainee, and the Office of the City Manager to increase approved staffing by two Grants Assistants. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for April and May 2023. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-118, approving the Investment Policy for FY 2023/24. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 69 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 11 6. Approval of Commercial and Payroll Disbursements (All Wards) It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for July 2023. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-119 to: 1.Authorize the City Manager to accept the grant award in the amount of $100,000; 2.Authorize the City Manager or his designee to conduct all negotiations, signings, and submittals of necessary documents to receive grant awards; and 3.Authorize the Agency Director of Administrative Services to amend the budget to appropriate the grant funds for Fiscal Year 2023/24. Council Member Alexander asked if the funds were going to the Arts & Historical Commission for administration. Director of Parks and Recreation Lydie Gutfeld explained the grant will be distributed as follows: 20% for administrative costs, 40% for art and murals, and 40% for festival performers. Damon Alexander, Council Member, Ward 7 Kimberly Calvin, Council Member, Ward 6 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 70 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 12 8. Amendment No. 2 Agreement with RHA Landscape Architects – Planners, Inc. for Nicholson Park Design (Ward 6) It is recommended that the Mayor and City Council of San Bernardino, California, authorize the Interim City Manager to execute Amendment No. 2 to the Professional Design Services Agreement with RHA Landscape Architects – Planners, Inc., adding extra design services in the amount of $47,300 and increasing the purchase order to a total amount not-to-exceed $459,845 for the final design of Nicholson Park. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023 -120, amending Resolution No. 3985 entitled, in part, “A Resolution Prohibiting Parking Upon Certain Designated Streets, Alleys, or Portion Thereof….” to establish a No Parking Anytime Zone on the Northside of Marshall Boulevard between Valencia Avenue and Pepper Tree Lane and the Westside of Pepper Tree Lane between Marshall Boulevard and Lynwood Drive. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 71 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 13 10. Award of Construction Contract for Pavement Rehabilitation at Three Locations (Wards 1, 3, 4) It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Approve the award of a Construction Contract Agreement with Matich Corporation Company in the amount of $763,593.55 to provide pavement rehabilitation at three (3) locations (“Project”); and 2.Authorize project construction, construction contingencies, and engineering and inspections costs in the total amount of $916,312.35 for the Project; and 3.Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following actions: 1. Formally accept application for a gas franchise from South California Gas Company; and 2. Enact Resolution 2023-121 of the Mayor and City Council of the City of San Bernardino, California, which recites the terms under which the City intends to grant the franchise and directs the City Clerk to publish the Notice within 15 days after the passage of this Resolution. 3. Approve license agreement with Southern California Gas Company. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 72 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 14 DISCUSSION 12.-Funded Entrepreneurial Development Services and Resource Center (All Wards) It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Approve a reallocation of $873,700 of American Rescue Plan Act (“ARPA”) funds from the Small Business Education and Training Resources allocation to the Entrepreneurial Development Services and Resource Center (the “ERC,” also know as the Aspen Institute Initiative) for a total of $1,873,700 allocated to the ERC. 2.Authorize the Interim City Manager, or designee, to take necessary steps to implement and administer the agreement including executing an agreement or Memorandum of Understanding (“MOU”) with the Inland Empire Center for Entrepreneurship in an amount not to exceed $1,873,700 through December 31, 2026, and signing subsequent, necessary, and related documents to implement the MOU. Economic Development Division Manager, Amanda Hernandez, provided a presentation. There was a discussion regarding the distribution of the American Rescue Plan Act Funds and other cities in our region using the Entrepreneurial Services and Resources Center. Council asked if a quarterly report can be provided to the Mayor and City Council with updates with business and funding. Ben Reynoso, Council Member, Ward 5 Fred Shorett, Council Member, Ward 4 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 73 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 15 13.Proposed Administrative Policy Establishing the Municipal Volunteer Program (MVP) for the Offices of Elected Officials (All Wards) It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and consider the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2023-122 as presented establishing the Municipal Volunteer Program (MVP) – Offices of the Elected Officials Policy. 18. Damon Alexander, Council Member, Ward 7 Kimberly Calvin, Council Member, Ward 6 Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander Juan Figueroa 19. Ben Reynoso, Council Member, Ward 5 Kimberly Calvin, Council Member, Ward 6 Ibarra, Reynoso, Calvin, Alexander Theodore Sanchez, Fred Shorett, Juan Figueroa At this time, the Mayor and City Council provided updates to the community. Highlights included registration was open for the Annual Senior Event, and the San Bernardino Police Department Specialize Crime Unit participated in Operation Online Guardian for two weeks, Habitat for Humanity Spirit Night at the Bakers Drive Thru and 20% of the profit would go to schools, Coffee with a Cop with all District on August 15th, and attended several backpack giveaways.        Packet Page. 74 Regular Meeting Draft Minutes August 2, 2023 Mayor and City Council of the City of San Bernardino Page 16 ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, August 02, 2023, at 10:48 p.m. The next special meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Thursday, August 3, 2023, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Special Closed Session will begin at 2:00 p.m. By: Telicia Lopez Telicia Lopez, CMC, Acting City Clerk        Packet Page. 75 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, OCTOBER 4, 2023 5:30 PM Closed Session was called to order at 5:32 p.m. by Mayor Pro Tem Fred Shorett on Wednesday, October 4, 2023, at Feldheym Central Library, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present 5:35 p.m. Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present 5:42 p.m. Helen Tran Mayor Absent Charles E. McNeely Interim City Manager Present Sonia Carvalho City Attorney Present Telicia Lopez Chief Deputy 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        Packet Page. 76 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. Dr. Joshua Beckley spoke on Item B. He expressed support to the Mayor and City Council on their selection of the City Manager. Dr. Treasure Ortiz spoke on Item B, she asked the Mayor and City Council to take their time in the recruitment process. “Less” spoke of the previous City Manager candidate and his concerns regarding that candidate. Pastor Ray Turner expressed concerned on the status of the City, and the City Manager recruitment. He spoke in favor of the plan for Interim City Manager Charles McNeely and encouraged the Mayor and City Council to keep Charles McNeely as the City Manager. Al Palazzo expressed desire to become City Manager and he would follow Interim City Manager Charles McNeely ideas and he will rebuild the city with his vision. The Mayor and City Council convened into Closed Session at 5:31 p.m. A)- EXISTING LITIGATION (PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) AND (D)(1): i.City of San Bernardino v. Fox Property Holdings LLC, et al. San Bernardino Superior Court Case No. CIVSB2218532 ii.Blanca Gamez v. Jonathan Plummer, et al., San Bernardino Superior Court Case No. CIVSB21115842 B) (Pursuant to Government Code Section 54957) i.City Manager The Regular Meeting was called to order at 7:12 p.m. by Mayor Pro Tem Fred Shorett on Wednesday, October 4, 2023, at Feldheym Central Library, San Bernardino, CA. Dr. Joshua Beckley from Ecclesia Christian Fellowship led the Invocation and Joshua Almaraz Miranda from Belvedere Elementary School led the Pledge of Allegiance to the Flag. City Attorney Sonia Carvalho reported that there was no reportable action from Closed Session.        Packet Page. 77 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 3 PRESENTATIONS 1.October 2023 Citizen of the Month – Manal Iskander, Greenshack – 2nd Ward 2.October 2023 Citizen of the Month – George’s Burgers – 2nd Ward 3.October 2023 Citizen of the Month – Meiga Sushi – 2nd Ward 4.October 2023 Citizen of the Month – Omar Aguirre, Tacos Arandas – 2nd Ward 5.October 2023 Citizen of the Month – Miyagi Sushi – 2nd Ward Councilmember Ibarra presented certificates for Citizen of the Month to Manal Iskander, Nick Kritikos, Maizi Ying, Omar Aguirre, and Myagi Sushi was not present. 6.Presentation of the City of San Bernardino Summer 2023 Youth Basketball All Star Participants Director of Parks and Recreation, Lydie Gutfeld, introduced Cisco Ramirez, Youth Sports Coordinator to provide a presentation for the certificate recipients. 7. Director of Parks and Recreation, Lydie Gutfeld gave a presentation and presented the Certificate of Recognition to Coach Rene on behalf of Mike Nadeau. Patricia Suarez Ramirez, Rolling Star, spoke on the assistance they offer to those with disabilities. Rikke Van Johnson spoke on the City Manager candidates and asked the Mayor and City Council to select a City Manager that will help the city move forward. Deborah spoke of the Dollar General developer damaging her property wall. Treasure Ortiz spoke on crushing and grinding on site in the city. Al Palazzo spoke of the ideas on rebuilding the west side and Mt. Vernon. He invited the Mayor and City Council on his vision tour. Pastor Ray Turner asked the Mayor and City Council to keep Interim City Manager Charles McNeely because he has started a good foundation to help the city move forward. Luis Ojeda spoke on the City Manager hiring process. He also spoke on the crushing and grinding being done on site in the city. Amy Malone, resident of the 4th Ward asked the Mayor and City Council what they are doing to move the city forward and how she can help as a business owner. At this time the agenda was re-ordered. Mayor Pro Tem Shorett paused Public Comments at 8:00 p.m. to move on to the Public Hearing, item No. 24.        Packet Page. 78 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 4 PUBLIC HEARING 24.Approval of the Draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing on the draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (FY22-23 CAPER); and 2. Authorize its submission to the United States Department of Housing and Urban Development. Mayor Pro Tem Shorett opened the public hearing at 8:00 p.m. A presentation was provided by Interim Agency Director of Community and Economic Development and Housing, Mary Lanier. There were no public speakers for this hearing. The public hearing was closed at 8:03 p.m. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Mayor Pro Tem Shorett resumed public comments at the conclusion of the Public Hearing. Barbara Sky spoke on Item No. 23, crushing and grinding concrete, and how this is not healthy for the residents. She also commented on how the Mayor and City Council need to work as a team, even if they do not agree. John Shollenberger spoke on the new Charter that was approved in 2016, the Council- Manager form of government, and also asked the residents to help remove the Mayor’s position. Dr. Gwen Dowdy Rodgers, fifth ward resident, spoke on the services Arrowhead United Way offers and announced the hunger relief concert Arrowhead United Way will be having to celebrate their 130 years of service. She also thanked Council Members for checking on them after the water accident in their building. Ali Sahabi spoke in support of Item No. 8. Daniel Jivandee spoke on several topics, the number of mosquitoes in the city, Item No. 9 and incorporating metrics for landlords, crushing and grinding on site, and the City Manager hiring process.        Packet Page. 79 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 5 Christian Shaughnessy, staff liaison for the San Bernardino County Youth Advisory Board on Homelessness, spoke in support of Council Member Calvin and in support of Item No. 8. He also mentioned health issues resulting from the crushing and grinding concrete at city sites.        Packet Page. 80 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 6 Cheryl Brown spoke in support of Item No. 8 and No. 9. She asked the Mayor and City Council to work together on the City Manager recruitment. At this time, Chief Deputy City Clerk, Telicia Lopez read into the record the ADA written public Comment from Tim Dorame: spoke on the recruitment of the City Manager and having Charles McNeely as the City Manager. CITY MANAGER UPDATE th through the 21st, the Rendezvous back to Route 66 returns on Saturday, Coptober Fest will be on Wednesday, October 11th, and the city launces the weekly farmers market. 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:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 81 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 7 8.Adoption of the Strategic Initiatives (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-144: a) Approving and authorizing the Agency Director of Administrative Services to amend the City of San Bernardino’s FY 2023/24 Operating Budget totaling $6,636,293 with $1,610,693 in General Fund appropriations, $3,325,600 in General Fund Strategic Reserve appropriations, and $1,700,000 in General Fund Capital Contingency Reserve appropriations; and b) Approving the allocation of $2,000,000 beginning FY 2026/27 to sustain homelessness-related services; and c) Approving the creation of the Economic Development Department; and d) Directing staff to prepare and bring back a revised City salary schedule to include any new positions that are budgeted and the retitling of the Agency Directors. 2. Approve prioritizing the ADA Master Plan (future phases), Storm Drain Master Plan, and Facility/Building Management Master Plan as part of the biennial budget process; and 3. Direct staff to bring back Strategic Initiatives that require further Council review and approval. RESULT: ADOPTED RESOLUTION NO. 2023-144 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 9.Adoption of Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: adopt Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards. Interim Director of Community and Economic Development Mary Lanier announced that an administrative correction was needed to the ordinance, to include multifamily rental in the title. RESULT: ADOPTED ORDINANCE NO. MC-1619 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 82 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 8 10. Settlement Agreement of Escrow Account Funds with Los Angeles Engineering Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California: 1. Approve the Settlement Agreement of Escrow Account Funds jointly held with Los Angeles Engineering, a California Corporation; and 2. Authorize the City Manager, or designee, to execute the Settlement Agreement, receive the funds, and close the escrow account. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 11.City Board, Commission, and Citizen Advisory Committee Minutes Approved in August and September 2023 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in August and September 2023. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 12.Senior Human Resources/Risk Analyst Classification Title Change Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution 2023-147: 1. Updating the Senior Human Resources/Risk Analyst classification title to Supervising Human Resources Analyst; and 2. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. RESULT: ADOPTED RESOLUTION NO. 2023-147 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 83 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 9 13.Library Literacy Program Grant Funding (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-148 approving: 1. Accepting grant funding in the amounts of $99,287 from the California Department of Education; $60,719 for Adult Literacy Services, $20,615 for Family Literacy Services and $43,642 for English as a Second Language from the California State Library for Literacy Program services 2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 budget for the Literacy Program, which includes: appropriating $43,642 in both revenues and expenditures for the English as a Second Language Program and adjusting the grant fund budgets for the California Department of Education, Adult Literacy Services, and Family Literacy Services grants to account for any differences in the estimated grant funding versus the actual grant funds received. RESULT: ADOPTED RESOLUTION NO. 2023-148 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 14.Library Revenue and Expense Budget (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-149 approving: 1. Accepting funding of $10,400.00 from the Inland Library System, $215.85 from the New Hope Missionary Baptist Church and $163.00 from San Bernardino Emblem Club No. 178. 2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget for the Library including $10,778.85 in both revenues and expenditures. RESULT: ADOPTED RESOLUTION NO. 2023-149 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 84 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 10 15.Older Californians Nutrition Program Grant Award FY 2023/24 and Related Purchase Orders Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-150 authorizing: 1. City Manager or designee to accept the San Bernardino County Department of Aging and Adult Services – Public Guardian Grant Award in the amount of $376,667; 2. Agency Director of Administrative Services, or designee, to appropriate the grant funds to the FY 23/24 operating budget; 3. Agency Director of Administrative Services, or designee, to approve purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2023, through June 30, 2024 as follows: Sysco Foods: $183,500 Hollandia Dairy: $23,500 Consulting Health Nutrition Services, Inc.: $17,000 4. Agency Director of Administrative Services, or designee, to amend the operating budget for Senior Nutrition to $105,000, including an additional $20,000 to ensure the needs of the program are met. RESULT: ADOPTED RESOLUTION NO. 2023-150 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 16.2023/2024 Senior Companion Program (SCP) – 3rd Year of a 3-Year Grant Award (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-151, 1. Accepting the Senior Companion Program grant award in the amount of $332,662, and 2. Authorizing the Agency Director of Administrative Services, or designee, to appropriate the grant funds for the period of July 1, 2023, through June 30, 2024. RESULT: ADOPTED RESOLUTION NO. 2023-151 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 85 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 11 17.Accept 2022 Urban Areas Security Initiative (UASI) Grant (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-152 authorizing: 1. The City Manager to accept the FY2022 Urban Areas Security Initiative Grant funds; and 2. The Agency Director of Administrative Services to amend the Fiscal Year 2023/24 Adopted Budget by $100,000 in both revenue and expenditures. RESULT: ADOPTED RESOLUTION NO. 2023-152 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 18.Accept California Office of Traffic Safety Grant Award (24-004883) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-153 authorizing: 1. The City Manager to accept and administer the FY 2023/24 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant; and 2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget by $567,000 in both revenue and expenditures. RESULT: ADOPTED RESOLUTION NO. 2023-153 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 19.Acceptance of FY 2023 Edward Byrne Justice Assistance Grant Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2023-154, authorizing: 1. The City Manager to accept the 2023 Edward Byrne Justice Assistance Grant; and 2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget by $230,081 in both revenue and expenditures. RESULT: ADOPTED RESOLUTION NO. 2023-154 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 86 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 12 20.Five-Year Capital Improvement Plan FY 2023/24 to FY 2027/28 for Measure I Local Expenditures (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-155 approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2023/24 through Fiscal Year 2027/28 and Measure I Expenditure Strategy. RESULT: ADOPTED RESOLUTION NO. 2023-155 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 21.Contract Change Order Approval – 5th Street Senior Center Kitchen Improvements (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-156: 1. Authorizing the Agency Director of Administrative Services to record a budget amendment from Measure S Fund balance to allocate an additional $69,183.27 to fund the required change order to complete the 5th Street Senior Center Kitchen Improvements (“Project”); and 2. Approving the Construction Contract Change Order with Preferred General Services in the amount of $500,846.50 to provide improvements to the 5th Street Senior Center Kitchen; and 3. Authorizing the project construction and construction contingencies in the total amount of $520,573.30 for the 5th Street Senior Kitchen Improvements; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED RESOLUTION NO. 2023-156 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 87 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 13 22.Adoption of Ordinance No. MC-1621 to Grant a Franchise to Southern California Gas Company Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1621, An Ordinance of the Mayor and City Council of the City of San Bernardino, California, granting to Southern California Gas Company, a corporation, its successors and assigns, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any all purposes under, along, across or upon the public streets, ways, alleys, and places, as the same now or may hereafter exist, within said municipality. RESULT: ADOPTED ORDINANCE NO. MC-1621 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander        Packet Page. 88 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 14 DISCUSSION It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Discuss the repeal of Resolution No. 2020 - 265; 2. Discuss Development Code Amendment to Section 19.70.035 (B) (Development and Operational Standards for Temporary Use Permits – On-site and Off-site Contractor’s Construction Yards); and 3. Provide additional direction to staff regarding the topics discussed. Interim Director of Community and Economic Development Mary Lanier gave the presentation. There was discussion amongst the City Council regarding having subject matter experts present with more information and bringing back the repeal of Resolution 2020-265. Council Member Reynoso stated he would not support repealing the Ordinance. Theodore Sanchez, Council Member, Ward 1 Juan Figueroa, Council Member, Ward 3 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander At this time, the Mayor and City Council provided updates to the community. Highlights included Police Department Coptober Fest, the senior health fair, the new fire station open house, Brian Whitehead will no longer serve as the local reporter for The Sun and will be replaced by David Allen., translation services were approved for the Inland Valley Development Agency meeting, several Council Members attended the Legue of California Cities in Sacramento, attended the Central Valley Homeless Network, the K-9 fundraiser hosted by San Bernardino Police Department. The State of the County took place on September 27th. There were workshops on the community benefits agreement hosted by Just San Bernardino. As well as attending the National American Day lunch at California State University, San Bernardino, and Champion of Choice luncheon.        Packet Page. 89 Regular Meeting Draft Minutes October 4, 2023 Mayor and City Council of the City of San Bernardino Page 15 ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, October 4, 2023, at 10:23 p.m. The next meeting of the Mayor and City Council will adjourn to a Special Closed Session to be held on Friday, October 18, 2023, in the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m. Telicia Lopez Telicia Lopez, CMC, Chief Deputy City Clerk        Packet Page. 90 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes For the Regular Meeting of the Mayor and City Council of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, NOVEMBER 15, 2023 7:00 PM The Regular Meeting was called to order at 7:05 PM by Mayor Helen Tran on Wednesday, November 15, 2023, at Feldheym Central Library, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Absent Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present 7:30 PM 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        Packet Page. 91 Regular Meeting Draft Minutes November 15, 2023 Mayor and City Council of the City of San Bernardino Page 2 INVOCATION AND PLEDGE OF ALLEGIANCE Chaplain Joseph Paul Lujan from Victory Outreach Church led the Invocation and Selah Johnson from Cajon High School led the Pledge of Allegiance to the Flag. PRESENTATIONS 1. City of San Bernardino Youth Civic Engagement Council Members Mayor Tran presented the members of the Youth Advisory Board. City Clerk Rocha administered the Oath of Office to the new board members Allahni Chapman, Alejandro Uribe, Alex Gilbreth, and Silvana Vazquez. 2. Proclamation for Family Caregivers Month in the City of San Bernardino- November 2023 (All Wards) Mayor Tran presented the proclamation to: Enrique Camacho and various staff from Service Employees International Union. CITY MANAGER UPDATE There was no City Manager update provided. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard. Mario Flores, Field Representative for San Bernardino County Fifth District Supervisor Joe Baca Jr., invited the community to three events: The Cup of Joe, Free Baseball Clinic for the youth , and Holiday Open House. Al Palazzo spoke on behalf of the Stanley Family who is in escrow to purchase the Harris building. They are hosting an event for the community to help them reinvent the Harris building. He also stated that the city’s zoning needs to be updated. Debbi Matley, The Community Ho Ho Parade, announced that Santa would be cruising through San Bernardino from Monday, December 4th, through Thursday, December 7th. Routes are listed on their website. Cheryl Weeks spoke on behalf of Jerry Holmes from the YMCA. She invited the community to the 46th Annual Children’s Christmas Parade on Saturday, December 9th. Irene Chagolla Gonzales and Asia Hay thanked Mayor Tran. Mykayah McKenzie asked the Mayor and City Council to fix the potholes in the city and stated that there are more homeless in the city because rent is too high. Ollie Espinoza spoke on the potholes and the unleveled sidewalks. Keith Benitez spoke on the Youth Point-In-Time count and the potholes in the city. Jim Smith, The Native Sons of the Golden West, has meetings at Enterprise Building. He also, spoke on the Veterans Day event in the city.        Packet Page. 92 Regular Meeting Draft Minutes November 15, 2023 Mayor and City Council of the City of San Bernardino Page 3 Ulyzes Benitez, San Bernardino Youth Advisory Board, spoke about the Youth Point-In- Time count occurring in January. th Ward resident, spoke of not feeling safe in his ward. 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, STAFF PULLED ITEM NO. 8 FOR A SEPARATE VOTE AND ITEM NO. 9 WAS PULLED FOR FURTHER REVIEW BY STAFF. [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Sandra Ibarra 3. Amendment to the 2023 Mayor and City Council Regular Meeting Schedule (All Wards) Recommendation: RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Sandra Ibarra        Packet Page. 93 Regular Meeting Draft Minutes November 15, 2023 Mayor and City Council of the City of San Bernardino Page 4 4. Adopt a Resolution Approving a Memorandum of Understanding (MOU) between San Bernardino County, City of San Bernardino, and Vulcan Materials Company – Western Division (All Wards) It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-173, approving the Memorandum of Understanding (MOU), between San Bernardino County (“County”), the City of San Bernardino (“City”), and Vulcan Materials Company – Western Division (“Vulcan”) to agree and concur that the County shall act as the Surface Mining and Reclamation Act (SMARA) of 1975 and California Environmental Quality Act (CEQA) Lead Agency. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander Sandra Ibarra -375 (Ward 5) It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2023-174 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission (LAFCO) to provide City sewer services to a property located at 1199 W 41st Street, San Bernardino, California, within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander Sandra Ibarra It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for October 2023. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander Sandra Ibarra        Packet Page. 94 Regular Meeting Draft Minutes November 15, 2023 Mayor and City Council of the City of San Bernardino Page 5 7. Investment Portfolio Report for July, August, and Sept 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 Portfolio Report for July, August, and Sept 2023. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander Sandra Ibarra It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Authorize the City Manager or designee, to execute a five-year Professional Service Agreement with Central Square Technologies; and 2.Authorize the Director of Finance and Management Services to issue a purchase order to Central Square Technologies, in the amount of $51,504.93 for the first year commencing on the effective date November 15, 2023; with a not to exceed amount of $131,823.01 for the duration of the five-year agreement term. This item was pulled for discussion. There was a request from the City Council to have the crime data accessible to the public. City Manager Charles Montaya and the police chief will discuss a method for the public to access the material. Theodore Sanchez, Council Member, Ward 1 Fred Shorett, Council Member, Ward 4 Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander Sandra Ibarra It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the staff report.        Packet Page. 95 Regular Meeting Draft Minutes November 15, 2023 Mayor and City Council of the City of San Bernardino Page 6 10. Contract Change Order Approval - Encanto Community Center Improvement Project (Ward 6) It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Approve Amendment No. 1 to the Professional Services Agreement with Miller Architectural Corporation in the amount of $77,795, for a total contract amount of $256,180 from Encanto Community Center Improvement Project. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander Sandra Ibarra It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Adopt Resolution No. 2023-175 authorizing submittal of a claim to the San Bernardino County Transportation Authority for Transportation Development Act (TDA) Article 3 Grant funds for the Bus Stop Sidewalk Improvements Project in the amount of $96,000. A local match of $24,000 is required, for a total of $120,000; and 2.Authorize the Director of Finance and Management Services to amend the Fiscal Year 2024/28 Capital Improvement Plan (CIP) to include the Bus Stop Sidewalk Improvements Project and allocate $120,000 from the Measure S fund; and 3.Authorize the City Manager, or their designee, to execute all documents pertaining to the acceptance of the 2023 TDA Article 3 Grant funds. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander Sandra Ibarra        Packet Page. 96 Regular Meeting Draft Minutes November 15, 2023 Mayor and City Council of the City of San Bernardino Page 7 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS Council Member Sanchez made a substitute motion and directed staff to consider a program where the funding can be used instead of a substation. City Attorney Sonia Carvalho reminded the City Council that, according to the policy, items brought forward cannot be amended. The City Council must either vote in favor of or in opposition to the items as they are presented. Council Member Reynoso stated for the record that the north end has been deprived of police presence since the substation was closed during the bankruptcy. Ben Reynoso, Council Member, Ward 5 Damon Alexander, Council Member, Ward 7 Reynoso, Calvin, Alexander, Mayor Tran Theodore Sanchez, Juan Figueroa, Fred Shorett Sandra Ibarra At this time, the Mayor and City Council provided updates to the community. Highlights included the opening of the Entrepreneurial Resource Center downtown, the great turnout of the Dia De Los Muertos, the reminder of the Farmers Market, the return Miracle on Court Street, Carousel Mall demolition near completion, the Feldheym Central Library received a grant for renovation, the street sign replacement program beginning soon, the Annual Salvation Army Red Kettle kickoff dinner for the holidays, Salvation Army raised, over a half million dollars with the use of the red kettle, attended the Inland Empire Music Artists, encouraged the community to participate in the SB Turkey Trot, also attended the San Bernardino County Homeless Summit, the Empire Black Equity Fund, thanked staff for the Veteran’s Day event. Council Member Figueroa announced that an evaluation for the City Clerk and City Attorney needed to be done before the end of the year.        Packet Page. 97 Regular Meeting Draft Minutes November 15, 2023 Mayor and City Council of the City of San Bernardino Page 8 ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, November 15, 2023, at 8:18 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on December 6, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By: Telicia Lopez Telicia Lopez, CMC, Acting City Clerk        Packet Page. 98 2 3 2 9 CONSENT CALENDAR July 2, 2025 Honorable Mayor and City Council Members Bill Gallardo, Interim City Manager City Manager’s Office It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-323: 1. Authorizing the City to become a member of the California Community Housing Agency (CalCHA); and 2. Approving and authorizing the City Manager to enter into a Joint Exercise of Powers Agreement relating to the Agency and one or more Public Benefit Agreements with the Agency; and 3. Approving the Agency’s issuance of Revenue Bonds for the new construction of essential middle-income housing projects within City limits. The proposed action would authorize the City of San Bernardino to join the California Community Housing Agency (CalCHA), a Joint Powers Authority formed to support workforce housing. By becoming a member, the City can facilitate new housing projects using tax-exempt revenue bonds issued by CalCHA—at no financial risk to the City. This partnership also allows the City to take advantage of state incentives, including Assembly Bill 2011, to help meet the growing need for middle-income housing. The initiative aligns with the City’s housing priorities and supports long-term economic and community development. The Essential Middle-Income Affordable Housing Program, in partnership with the California Community Housing Agency (CalCHA), leverages state legislation— including Assembly Bill 2011—to support the development of mixed-use workforce housing. AB 2011 allows qualifying projects in commercial zones to proceed with by-        Packet Page. 99 2 3 2 9 right approval, streamlining entitlements by removing discretionary reviews and significantly reducing approval timelines. Projects under this program must be new construction and are required to use prevailing-wage labor, creating an estimated 700 construction jobs per development. Long-term affordability is protected through recorded 55-year covenants, with rents set below the market rate and a guaranteed minimum 10% rent discount. These units are targeted at households earning between 60% and 110% of the area median income (AMI), providing much-needed housing for residents who often earn too much to qualify for traditional affordable housing but are priced out of market-rate units. Discussion Each development will also include a commercial component, which will contribute to local revenue through property taxes and retail activity. Projects must comply with all City planning and permitting requirements, ADA standards, and standard business and sales tax regulations, ensuring consistency with local policies and oversight. One potential future site for the project is located along 2nd Street, between Warm Creek and Mt. View Avenue. This location is well-positioned near major transportation corridors and is just over ¼ mile from a transit center, which qualifies it under Article 3 of AB 2011 for increased density (up to 80 units per acre) and potential parking reductions. Additionally, the site is within a five-mile radius of a significant concentration of employment, making it a strong candidate for workforce housing development. A proposed mixed-use development at this site would include approximately 230 to 236 residential units and about 4,000 square feet of retail space, potentially accommodating a market and deli. This concept aims to help address the critical shortage of middle-income housing while supporting local businesses, stimulating economic activity, and fostering a walkable, integrated community. Strategic Targets and Goals This initiative advances the City’s goals to expand middle-income housing, support local job creation, and encourage investment in underutilized areas. The project’s location near a transit center promotes walkable, higher-density development. By partnering with CalCHA, the City can achieve these outcomes without financial impact to the General Fund. Fiscal Impact The City will not incur any financial obligation or assume debt through participation in CalCHA. The agency issues tax-exempt revenue bonds independently, with no risk or liability to the City. Staff time will be needed for permitting and coordination. While CalCHA projects may receive partial property tax exemptions, revenue can still be generated from commercial components and leasehold assessments. This structure supports workforce housing without impacting the City’s General Fund.        Packet Page. 100 2 3 2 9 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-323: 1. Authorizing the City to become a member of the California Community Housing Agency (CalCHA); and 2. Approving and authorizing the City Manager to enter into a Joint Exercise of Powers Agreement relating to the Agency and one or more Public Benefit Agreements with the Agency; and 3. Approving the Agency’s issuance of Revenue Bonds for the new construction of essential middle-income housing projects within City limits. Attachments Attachment 1 - Resolution No. 2025-323 Attachment 2 - CalCHA Public Benefit Agreement Attachment 3 - Assembly Bill No. 2011 Attachment 4 - CalCHA’s Essential Housing Program Attachment 5 - SBH - Concept Site Plan Attachment 6 - Vicinity of Key Employers Distance to Site Attachment 7 - Annadel Apartments Brochure, Santa Rosa Ward: All Wards Synopsis of Previous Council Actions:        Packet Page. 101 Resolution No.2025-323 Resolution 2025-323 1 of 4 7 3 2 3 7 1 5 9 RESOLUTION NO. 2025-323 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA (THE “CITY”) AUTHORIZING THE CITY TO BECOME AN ADDITIONAL MEMBER OF THE CALIFORNIA COMMUNITY HOUSING AGENCY (THE “AGENCY”); APPROVING, AUTHORIZING AND DIRECTING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE AGENCY AND ONE OR MORE PUBLIC BENEFIT AGREEMENTS WITH THE AGENCY; AND APPROVING THE AGENCY’S ISSUANCE OF REVENUE BONDS FOR THE NEW CONSTRUCTION OF ESSENTIAL MIDDLE-INCOME HOUSING PROJECTS WITHIN CITY LIMITS WHEREAS, the Agency is a Joint Powers Authority created pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), and a Joint Exercise of Powers Agreement Relating to the Agency among certain public agencies (the “Agreement”), in order to produce, preserve and protect quality affordable rental housing made available to California’s essential middle-income workforce; and WHEREAS, one of the primary goals of the City is to meet the growing housing needs of its residents by actively supporting the production, preservation and protection of affordable rental housing for all; and WHEREAS, the City, has determined that it is in the public interest and for the public benefit that the City become an Additional Member of the Agency pursuant to Section 12 of the Agreement in order to facilitate the production, preservation and protection of quality affordable rental housing for the City’s essential middle-income workforce, including the financing of projects therefor by the Agency; and WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City (the “City Council”), with the assistance of its staff, have reviewed said document, and the City proposes to become an Additional Member of the Agency; and WHEREAS, the Agency proposes to issue from time to time its governmental purpose revenue bonds (the “Bonds”) and use the proceeds thereof to finance the acquisition, construction, development, and certain related costs of new construction middle-income multifamily rental housing developments within the City (each, a “Project”); and WHEREAS, the Agency proposes to grant the City in connection with the financing of any Project the option, but never the obligation, to gift the Project to a non-profit organization with        Packet Page. 102 Resolution No.2025-323 Resolution 2025-323 2 of 4 7 3 2 3 7 1 5 9 housing as its prime initiative, commencing on the date fifty-five (55) years after the Agency’s acquisition of such Project pursuant to a Public Benefit Agreement (the “Public Benefit Agreement”), between the Agency and the City, the form of which has been filed with the City Council; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Agency for the aforesaid purposes; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, AS FOLLOWS: Section 1.The foregoing recitals are true and correct and are hereby incorporated herein by this reference. Section 2.The City hereby requests, and the City Council hereby authorizes, the City to become an Additional Member of the Agency pursuant to Section 12 of the Agreement. The Agreement is hereby approved and the City Manager or the designee thereof is hereby authorized and directed to execute the Agreement and the City Clerk or such Clerk’s designee is hereby authorized and directed to attest thereto. Section 3.The proposed form of Public Benefit Agreement on file with the City Council is hereby approved. In connection with any Project, the City Manager or the designee thereof is hereby authorized and directed to execute an agreement in substantially said form, with such changes therein as such officer executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 4.The City Council hereby supports and approves the Agency’s issuance of Bonds from time to time to finance the Projects. Section 5.The issuance of Bonds shall be subject to the approval of the Agency of all financing documents relating thereto to which the Agency is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Section 6.The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct any Project or any refinancing of any Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of any Project; (iii) make any contribution or advance any funds whatsoever to the Agency; or (iv) except as provided in this Resolution, take any further action with respect to the Agency or its membership therein. Section 7.The executing officers(s), the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.        Packet Page. 103 Resolution No.2025-323 Resolution 2025-323 3 of 4 7 3 2 3 7 1 5 9 Section 8.The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Agency. Section 9.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 10.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 11.This Resolution shall take effect immediately upon its passage. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of July 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 104 Resolution No.2025-323 Resolution 2025-323 4 of 4 7 3 2 3 7 1 5 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-323, adopted at a regular meeting held on the 2nd day of July 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025. Telicia Lopez, CMC, Acting City Clerk        Packet Page. 105 1 4160-9700-5108.2 RECORDING REQUESTED BY California Community Housing Agency WHEN RECORDED RETURN TO: Orrick, Herrington & Sutcliffe LLP 405 Howard Street San Francisco, CA 94105 Attention: Jesse Albani THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE PUBLIC BENEFIT AGREEMENT By and Between CALIFORNIA COMMUNITY HOUSING AGENCY and CITY OF SAN BERNARDINO _________________________ Relating to CALIFORNIA COMMUNITY HOUSING AGENCY ESSENTIAL HOUSING REVENUE BONDS (SB LIGHT APARTMENTS)        Packet Page. 106 4160-9700-5108.2 PUBLIC BENEFIT AGREEMENT This PUBLIC BENEFIT AGREEMENT (“Agreement”), dated July ______, 2025 and effective as of the Effective Date (as hereinafter defined), by and between the CALIFORNIA COMMUNITY HOUSING AGENCY, a joint exercise of powers agency organized and existing under the laws of the State of California (including its successors and assigns, “Owner”), and the CITY OF San Bernardino (“Host”). BACKGROUND WHEREAS, Owner is a public entity organized pursuant to a joint exercise of powers agreement (the “JPA Agreement”) among a number of California counties, cities and special districts, including Host, and is validly existing under the laws of the State of California, in particular, Title 1, Division 7, Chapter 5 of the California Government Code (the “Joint Exercise of Powers Act”); and WHEREAS, Owner and Host have determined that there is an undersupply of affordable housing for “middle-income” residents of Host and wish to provide for the public good and promote the health and welfare of such residents by making dwelling units available to middl e- income tenants according to income criteria to be established by Owner from time to time; and WHEREAS, pursuant to the Joint Exercise of Powers Act and the JPA Agreement, Owner proposes to issue Bonds (as hereinafter defined) to finance Owner’s acquisition, construction, and development of certain new-construction multifamily rental housing projects (the “Project”) located at 211 West 2nd Street, in the City of San Bernardino, California, on the real property sites described in Exhibit A hereto; and WHEREAS, the Projects will provide public benefit through the production, preservation and/or protection of below-market-rate rental housing, pursuant to a Regulatory Agreement and Declaration of Restrictive Covenants (the “Regulatory Agreement”) by and between Owner and Bond Trustee (as hereinafter defined); and WHEREAS, Owner intends to make a contribution to Host by (a) paying or causing to be paid to Host Fifty percent (50%) of excess revenues derived from the Projects after payment in full of related debt, taxes and other expenses. AGREEMENT In consideration of the mutual covenants herein contained, and such other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Owner and Host mutually agree as follows: Section 1. Definitions. Capitalized terms used in this Agreement shall have the meanings assigned to them in this Section 1; capitalized terms used in this Agreement and not defined in this Section 1 or elsewhere herein shall have the meanings assigned to them in the Indenture (herein defined).        Packet Page. 107 2 4160-9700-5108.2 (a) “Appraised Value” – the value of the Gifted Property as determined by an independent appraiser, selected by Owner, regularly engaged in making appraisals of property similar to the Gifted Property. (b) “Bonds” – bonds of the Owner issued to finance its acquisition of the Projects and related transaction costs, bearing the designation “Essential Housing Revenue Bonds (SB Light Apartments),” issued in one or more series or sub-series with such series and sub-series designations as may be set forth in the Indenture, including subordinate bonds which may be placed with Projects Administrator, or an affiliate thereof, if applicable, and including bonds issued to refund the Bonds, if applicable. (c) “Bond Trustee” – Wilmington Trust, National Association or any successor trustee under the Indenture. (d) “Closing” – shall have the meaning set forth in Section 8 of this Agreement. (e) “Conveyance” – that transaction or series of transactions by which Owner shall transfer, bargain, sell and convey any and all right, title or interest in and to the Gifted Property. (f) “County” – the County of San Bernardino. (g) “Effective Date” – shall have the meaning set forth in Section 12 of this Agreement. (h) “Extraordinary Costs and Expenses” – shall have the meaning set forth in the Indenture. (i) “Fair Market Value” – the price, in no event less than the Purchase Gift Price, a willing purchaser and a willing seller in an arm’s length transaction would agree upon as a fair sales price that could reasonably be expected to be received upon the sale of the Gifted Property, as determined by Owner pursuant to such means as Owner shall deem suitable for such purpose; provided that Owner’s determination of the manner of sale and Fair Market Value shall be final and incontestable. (j) “Indenture” – the Trust Indenture between Owner, as issuer, and the Bond Trustee, as trustee, pursuant to which the Bonds are issued. (k) “Gift” – has the meaning set forth in Section 2 of this Agreement. (l) “Gift Term Commencement Date” – the date of Bonds payoff from the date of issuance of the Bonds. (m) “Gift Term” – shall commence on the Gift Term Commencement Date and, if not exercised, shall terminate at 11:59 p.m. local time on the date that is fifty-five (55) years from the Gift Term Commencement Date. (n) “Gifted Property” – means all of Owner’s right, title and interest (which includes fee simple title to the real property) in and to all property and assets used in or otherwise related        Packet Page. 108 3 4160-9700-5108.2 to the operation of the Projects including, without limitation, all real property and interests in real property, all tangible and intangible personal property including furniture, fixtures, equipment, supplies, intellectual property, licenses, permits, approvals, and contractual rights of any kind or nature together with the right to own and carry on the business and operations of the Projects. (o) “Outstanding” – with respect to Bonds, as of any given date, all Bonds which have been authenticated and delivered by Bond Trustee under the Indenture, except: (i) Bonds cancelled at or prior to such date or delivered to or acquired by Bond Trustee at or prior to such date for cancellation; (ii) Bonds deemed to be paid in accordance with Article VIII of the Indenture; and (iii) Bonds in lieu of which other Bonds have been authenticated under the Indenture. (p) “Owner Indemnified Parties” – Owner and each of its officers, governing members, directors, officials, employees, attorneys, agents and members. (q) “Projects Administrator” – The Code Solution, Inc./Betula Lenta, Inc. and its successors and assigns. (r) “Projects Administrator Sale” – a sale of the Gifted Property at its Appraised Value to Projects Administrator in accordance with Section 6(c) of this Agreement. (s) “Projects Debt” – any debt secured by the Projects and incurred to finance or refinance Owner’s acquisition of the Projects and related transaction costs, including any portion of the Bonds and any bonds, notes or other indebtedness issued by Owner to improve the Projects or to refund the Bonds in whole or in part. (t) “Purchase Gift Price” – the sum of the amounts set forth below: i. an amount sufficient to either prepay, redeem in whole or fully defease for redemption on the earliest call date all Projects Debt; plus ii. any fees or other amounts not identified in clause (i) that may be necessary to effect the complete release from and discharge of any lien, mortgage or other encumbrance on the Gifted Property (the amounts in clauses (i) and (ii) being collectively referred to as the “Satisfied Indebtedness”); plus iii. any amounts due to Owner (including the Owner Indemnified Persons, as provided in the Indenture), the Bond Trustee or any predecessor or successor, or any other Person under any indenture, loan agreement, bond, note or other instrument relating to any Satisfied Indebtedness (including, without limitation, indemnification amounts, Owner’s Extraordinary Costs and Expenses, recurrent and extraordinary fees and expenses, and reimbursable costs and expenses of any kind or nature); plus iv. Transaction Costs; minus v. Any funds held by or for Owner under the Indenture applied to the retirement of Projects Debt, but, for avoidance of doubt, the Owner shall retain amounts in the Extraordinary Expense Fund and may, in addition, retain such portion of moneys in other funds under the Indenture it deems reasonable as a reserve against future costs        Packet Page. 109 4 4160-9700-5108.2 and expenses of the type described in subparagraph (iii) above, which amount shall be final and incontestable. (u) “Third-Party Sale” - a sale of the Gifted Property to a third-party purchaser at Fair Market Value. (v) “Transaction Costs” – to the extent not otherwise described herein, any costs or expenses of any kind or nature associated with or incurred by Owner and Host in connection with the consummation of the Conveyance, any refinancing of the Projects or assumption of Projects Debt regardless of whether such costs and expenses are customarily borne by the seller or purchaser in any such transaction, including but not limited to taxes, recording fees and other impositions, Owner’s and Host’s legal and other professional fees, fees f or verification agents, bidding agents, escrow agents, custodians or trustees, assumption fees, prepayment fees, the cost of the appraisal (regardless of whether the Appraised Value is ultimately determined to be the Fair Market Value), surveys, inspections, title commitments, title insurance premiums and other title- related fees, and all amounts required for indemnification of Owner, Bond Trustee and Projects Administrator. Section 2. Economic Contributions and Gift. To provide a public benefit and economic contribution to Host as described in the Recitals to this Agreement, Owner hereby (a) agrees to pay or cause to be paid to Host Fifty percent (50%) o f the amounts held in the Excess Revenue Fund pursuant to Section 3 hereof and the Indenture, and (b) agrees to fund $1 Million through a CFD bond to the Host for improvements to Meadowbrook Park or an adjacent park upon the choosing of the Host. (c) grants to a Non-Profit with a housing initiative of the Project Administrators choosing the Gift (the “Gift”) with respect to the Gifted Property, as more fully described in Section 6 of this Agreement. Section 3. Excess Revenues. (a) Owner shall cause Bond Trustee to create an account (the “Excess Revenue Fund”) under the Indenture into which surplus cash from the Projects will be deposited following payment of all other obligations and expenses as required pursuant to the Indenture. Upon exercise of the Gift as provided herein, Bond Trustee shall transfer the balance of the Excess Revenue Fund to Host in connection with the Conveyance. (b) On the first date upon which no Bonds or other Projects Debt remains Outstanding, which may be the date of the Conveyance, any and all monies in the Excess Revenue Fund shall be transferred by Bond Trustee to Host, to be applied by Host in its sole discretion. Thereafter, for so long as Owner remains the owner of the Projects and there is no Projects Debt outstanding, Owner shall pay or cause to be paid to Host, all Projects-related revenue in excess of Projects-related expenses, to be applied by Host in its sole discretion. At Host’s written request        Packet Page. 110 5 4160-9700-5108.2 and expense, Owner will appoint a third-party paying agent or trustee to handle payment of excess revenues to Host following retirement of all Bonds and all Projects Debt. (c) Upon any Conveyance of the Gifted Property by Owner pursuant to the terms hereof, Owner shall apply the proceeds of the sale (i) to redeem the Bonds then Outstanding, (ii) to prepay, redeem in whole or fully defease any other Projects Debt, and (iii) to pay any fees or other amounts listed in (iii) and (iv) of the Purchase Gift Price definition. Section 4. Gift Term. The Gift shall become effective on the Gift Term Commencement Date and may be exercised during the Gift Term at Project Administrator’s sole discretion. Owner agrees that it will not enter into any agreement to sell all or any part of the Gifted Property during the Gift Term other than as may be required by the Indenture (e.g., in the event of default), without the specific written request of Project Administrator, which consent shall not be unreasonably withheld, and, if Projects Debt is outstanding, delivery of an Opinion of Bond Counsel to Owner substantially to the effect that such sale will not, in and of itself, adversely affect the exclusion of interest on the tax-exempt Bonds from gross income for purposes of federal income taxation. Upon the expiration of the Gift Term, Owner shall use its best efforts to sell the Gifted Property at Fair Market Value. Following the expiration of the Gift Term, Project Administrator shall not be precluded from purchasing all or any portion of the Gifted Property from Owner at a price and on the terms agreed upon by Project Administrator and Owner, but Owner shall not be precluded from seeking or agreeing to sell, or consummating the sale of, all or any portion thereof to any third party. Section 5. Intentionally BLANK Section 6. Fixing of Gift and Purchase Price; Contractual Obligation. (a) Gift. Owner shall gift the respective Projects to a non-profit organization with housing as its prime initiative, at a time which is at a minimum of continued operation of the respective Projects for a period of not less than the payoff of the Bonds, when they have matured and been paid down. (b) Intentionally BLANK Section 7. Terms of Conveyance of Gifted Property. (a) The Conveyance shall be in the nature of a grant deed in which Owner shall deliver one or more deeds, bills of sale, or other instruments of transfer without recourse or warranty of any kind or nature. (b) The Gifted Property will be conveyed in AS IS CONDITION, WITH ALL FAULTS, and without representations or warranties of any kind or nature as to the condition of the Gifted Property. (c) There shall be no partial transfer and that, upon consummation of the Conveyance, Owner shall be fully divested of any and all right, title or interest in and to the Gifted Property.        Packet Page. 111 6 4160-9700-5108.2 Section 8. Closing of Conveyance of Gifted Property. The closing of the Conveyance to the Project Administrator (“Closing”) shall take place not later than the ninetieth (90th) calendar day following the date on which Owner and Project Administrator agree on the terms of the purchase agreement pursuant to Section 6(a) hereof at such time within normal business hours and at such place as may be designated by Project Administrator. (a) Prorations. All general and special real property taxes and assessments, and rents shall be prorated as of the Closing, with Host responsible for all such items to the extent arising or due at any time following the Closing. General real property taxes shall be prorated at the time of Closing based on the net general real property taxes for the year of Closing. (b) Limitation. If, after taking into account all adjustments and prorations, the net amount due Owner at Closing is less than the Purchase Gift Price, it is fully understood and agreed that in no event shall Owner receive proceeds less than the amount necessary to fully retire or defease the Bonds and otherwise satisfy all of the payments constituting the components of the Purchase Gift Price and the prorations in Section 8(a) hereof. (c) Possession. Physical possession of the Gifted Property shall be delivered to Project Administrator at the time of Closing. Section 9. Gifted Property: Title Insurance, Title Defects. (a) Within fifteen (15) business days after it receives an Exercise Notice specifying Project Administrator’s intent to purchase the Gifted Property, Owner shall provide Project Administrator with a title commitment (the “Title Commitment”) in the customary ALTA form of Standard Owner’s Policy of Title Insurance in Project Administrator’s favor, for the amount equivalent to the Purchase Gift Price (whichever is applicable), with a commitment to insure good and marketable fee simple title to the Gifted Property in Project Administrator, issued by a title insurance company licensed to do business in the State of California and acceptable to Project Administrator (the “Title Company”). The policy shall show the status of title to the Gifted Property and show all exceptions, including easements, restrictions, rights-of-way, covenants, reservations, and other conditions of record, if any, affecting the subject real estate. Accompanying the Title Commitment, Owner shall also have Title Company furnish Project Administrator with true, correct, complete, and legible copies of all documents affecting title to the subject real estate. The cost and expense of such Standard Owner’s Title Commitment shall be payable as a Transaction Cost. Project Administrator shall pay the additional premium due if Project Administrator elects to obtain an extended coverage policy of title insurance and/or extended coverage endorsements. Owner shall cooperate with Project Administrator, at no expense to Owner, by providing an affidavit to Title Company to induce Title Company to issue to Project Administrator at Closing a “GAP” endorsement to the Title Commitment showing the effective date of the Title Commitment to be the time and date of Closing. (b) If the Title Commitment shows exceptions to title which are unacceptable to Project Administrator, Project Administrator shall, within ten (10) business days after receipt of the Title Commitment and not later than twenty (20) business days before the date for Closing, notify Owner of such fact and Owner shall have twenty (20) business days after Owner receives Project Administrator’s written objections to cure such defects and to present a Title Commitment        Packet Page. 112 7 4160-9700-5108.2 on the basis of which Closing may occur or to notify Project Administrator that Owner will not cure same. If Owner cannot or will not cure such defects within such twenty (20) business day period and thereafter convey title to the Gifted Property as required in this Agreement, then Project Administrator shall have the right (at Project Administrator’s Gift) to either: (i) Rescind the Exercise Notice and Owner may proceed to close the sale under the terms of a Third-Party Sale, if there is a third-party offer; or (ii) Accept whatever title Owner can or will convey, without reduction in the purchase price because of such title defects. Any exceptions to title disclosed on the Title Commitment to which Project Administrator does not timely object to in writing or to which Project Administrator objects but thereafter accepts by Closing shall be included as a “Permitted Exception.” Section 10. Assignment of Gift. Project Administrator shall not assign the Gift without the prior written consent of Owner, which consent shall not be unreasonably withheld, and delivery of an Opinion of Bond Counsel to Owner substantially to the effect that such assignment will not, in and of itself, adversely affect the exclusion of interest on the tax-exempt Bonds from gross income for purposes of federal income taxation. Notwithstanding the foregoing, neither party to this Agreement shall assign its interests, obligations, rights and/or responsibilities under this Agreement without the prior written consent of the other party. Section 11. Recording of Agreement. This Agreement, and any amendment thereto, shall be recorded with the recorder’s office of the County. Project Administrator shall cooperate with Owner to remove any such recorded Agreement or amendment thereto from title to the Gifted Property upon Owner’s reasonable request therefor and, in any event, by no later than the earliest of (i) a Conveyance or (ii) the expiration of the Gift Term. In the event that, within said time, Project Administrator fails to so cooperate and provide its original signature to a termination of such recorded Agreement or amendment thereto, then Project Administrator hereby irrevocably constitutes and appoints Owner as Project Administrator’s true and lawful attorney (and agent-in- fact) strictly for the purpose of executing in Project Administrator’s name any such termination. Section 12. Conditions Precedent; Effective Date. Effectiveness of this Agreement shall be conditioned upon satisfaction of each of the following conditions: (a) Issuance of the Bonds; (b) Purchase of the Gifted Property by Owner as evidenced by a grant deed or comparable instrument; and (c) Recording in the real property records of the County of this Agreement and the Regulatory Agreement. The first date upon which each of the above conditions is satisfied shall be the effective date of this Agreement (the “Effective Date”). Section 13. No Individual Liability.        Packet Page. 113 8 4160-9700-5108.2 (a) The Owner shall not be directly, indirectly, contingently or otherwise liable for any costs, expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Agreement or any sale or Conveyance or failure or price thereof or application of proceeds thereof, except only as to moneys available therefor under and in accordance with the Indenture or this Agreement. (b) No Owner Indemnified Person shall be individually or personally liable for the payment of any sum hereunder or be subject to any personal liability or accountability by reason of the execution and delivery of this Agreement, or by any proceedings for the sale or Conveyance of the Projects or the determination of the Purchase Gift Price, or Project Administrator’s exercise or waiver of same, or otherwise except in the case of such Owner Indemnified Person’s own willful misconduct. (c) No officer or employee of Project Administrator shall be personally liable to Owner, or any successor in interest, in the event of any default or breach by Project Administrator of any obligation of the terms of this Agreement. No officer or employee of Owner shall be personally liable to Project Administrator, or any successor in interest, in the event of any default or breach by Owner of any obligation of the terms of this Agreement. Section 14. Notices, Governing Law, Binding Effect and Other Miscellaneous Provisions. (a) Notices. All notices provided for in this Agreement shall be in writing and shall be given to Owner or Host at the address set forth below or at such other address as they individually may specify thereafter by written notice in accordance herewith: If to Owner: California Community Housing Agency 1400 W. Lacey Blvd., Building 1 Hanford, California 93230 Attention: Michael LaPierre With a copy to: Betula Lenta, Inc (TCS) 800 West 6th Street, Suite 1250 San Bernardino, CA 90017 Attention: David Park If to Host: City of San Bernardino Office of _________________ 290 North D Street San Bernardino, CA 92401 Attention: _______________ Such notices shall be deemed effective upon actual delivery or upon the date that any such delivery was attempted and acceptance thereof was refused, or if mailed, certified return receipt requested, postage prepaid, properly addressed, three (3) days after posting.        Packet Page. 114 9 4160-9700-5108.2 (b) Consents and Approvals. All consents and approvals and waivers required or asserted hereunder shall be in writing, signed by the party from whom such consent, approval, waiver or notice is requested. (c) Maintenance of Membership. In order to preserve the Projects’s exemption from property tax, Host agrees to remain a member of the Owner joint powers authority so long as any Bonds remain Outstanding. (d) Pronouns. Where appropriate to the context, words of one gender include all genders, and the singular includes the plural and vice versa. (e) Amendments. This Agreement may not be modified except in a written instrument signed by Host and Owner. (f) Complete Agreement; Benefits. This Agreement together with all schedules and exhibits attached hereto and made part thereof supersedes all previous agreements, understandings and representations made by or between the parties hereto. This Agreement shall inure solely and exclusively to the benefit of the Owner and Host, and no other party shall have any right, remedy or claim under or by reason of this Agreement. (g) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. All claims of whatever character arising out of this Agreement, or under any statute or common law relating in any way, directly or indirectly, to the subject matter hereof or to the dealings between Owner and any other party hereto, if and to the extent that such claim potentially could or actually does involve Owner, shall be brought in any state or federal court of competent jurisdiction located in Kings County, California. By executing and delivering this Agreement, each party hereto irrevocably: (i) accepts generally and unconditionally the exclusive jurisdiction and venue of such courts; (ii) waives any defense of forum non-conveniens; and (iii) agrees not to seek removal of such proceedings to any court or forum other than as specified above. The foregoing shall not be deemed or construed to constitute a waiver by Owner of any prior notice or procedural requirements applicable to actions or claims against or involving governmental units and/or political subdivisions of the State of California that may exist at the time of and in connection with such matter. (h) Subordination. This Agreement shall be subordinate to any claim, pledge or interest in the Gifted Property securing the Bonds or any Projects Debt. (i) Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such invalid provision shall be deemed severable, and shall not affect the validity or enforceability of any other provisions of this Agreement, all of which shall remain fully enforceable. (j) Conflicts. For sake of clarity, Bond Counsel represents the Owner in the matters covered by this Agreement, and does not represent or owe any attorney-client or similar duty to Host with respect to any such matters. If Bond Counsel has represented, currently        Packet Page. 115 10 4160-9700-5108.2 represents or in the future represents Host in any other matter, no conflict-of-interest shall be deemed to exist on that account, and to the extent a conflict is considered to exist anyway or arises, both Host and Owner waive any such conflict and consent to such representation of both Host and Owner. (k) Term. This Agreement shall terminate upon the earliest of (i) Conveyance or (ii) the expiration of the Gift Term in accordance with this Agreement. (l) Captions. The captions used in this Agreement are solely for convenience and shall not be deemed to constitute a part of the substance of the Agreement for purpose of its construction. (m) Counterparts. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same Agreement. [SIGNATURE PAGE TO FOLLOW]        Packet Page. 116 11 4160-9700-5108.2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. CALIFORNIA COMMUNITY HOUSING AGENCY By: ________________ CITY OF San Bernardino By : _______________________________ _ Signature Page to Public Benefit Agreement        Packet Page. 117 12 4160-9700-5108.2 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ______________________ ) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)        Packet Page. 118 EXHIBIT “A” ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 2 OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7, PAGES 1 OF MAPS, RECORDS OF SAID COUNTY, LYING SOUTHERLY OF 2ND STREET, 82.5 FEET WIDE, EASTERLY OF ARROWHEAD AVENUE, 82.5 FEET WIDE, (FORMERLY CRAFTON STREET), WESTERLY OF MOUNTAIN VIEW AVENUE, 82.5 FEET WIDE, (FORMERLY CAMEL STREET) AS SHOWN ON SAID PLAT DESCRIBED ABOVE NORTHERLY OF KING STREET, (FORMERLY BRIDGE STREET) AS SHOWN ON BEDFORD BROTHERS SUBDIVISION PER PLAT RECORDED IN BOOK 8, PAGE 30 OF MAPS, RECORDS OF SAID COUNTY. EXCEPT THAT PORTION OF SAID BLOCK 2, DESCRIBED IN THE QUITCLAIM FROM ROY T. COE AND HELEN C. COE, HUSBAND AND WIFE, TO GEORGE EDWARD COE AND ROYNA MAE COBB RECORDED AUGUST 24, 1967 IN BOOK 6878, PAGE 738, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: THAT UNSUBDIVIDED PORTION OF LOTS 4 AND 5, IN CITY BLOCK 2, AS RECORDED IN BOOK 7, PAGE 1 OF MAPS, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, DESCRIED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5, THENCE SOUTH 225 FEET; THENCE NORTHEASTERLY TO A POINT 50 FEET SOUTH AND 184 FEET EAST OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE WEST TO THE POINT OF BEGINNING. A PORTION OF SAID LAND IS ALSO SHOWN AS LOTS 1 THROUGH 10, INCLUSIVE, OF BLOCK 4, AND THE ALLEY VACATED ADJACENT TO SAID LOTS, OF BEDFORD BROTHERS SUBDIVISION, AS PER PLAT RECORDED IN BOOK 3, PAGE 84 OF MAPS AND BOOK 8, PAGE 30 OF MAPS, RECORDS OF SAID COUNTY. Assessor’s Parcel Number: 0135-281-22 Physical Address: 211 West 2nd Street        Packet Page. 119 Assembly Bill No. 2011 CHAPTER 647 An act to amend Sections 65400 and 65585 of, and to add and repeal Chapter 4.1 (commencing with Section 65912.100) of Division 1 of Title 7 of, the Government Code, relating to housing. [Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022.] legislative counsel’s digest AB 2011, Wicks. Affordable Housing and High Road Jobs Act of 2022. The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process and not subject to a conditional use permit if the development satisfies specified objective planning standards. This bill would create the Affordable Housing and High Road Jobs Act of 2022, which would authorize a development proponent to submit an application for a housing development that meets specified objective standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use, and would make the development a use by right and subject to one of 2 streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the local government that those standards will be met in project construction. By expanding the crime of perjury, the bill would impose a state-mandated local program. This bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. The bill would require a development proponent for a development of 50 or more housing units approved by a local government pursuant to the above-described provisions to require construction contractors to participate in an apprenticeship program or request dispatch of apprentices from a state-approved apprenticeship program, and to make specified health care expenditures for construction craft employees. The bill would require the development proponent to certify compliance with those requirements to the local government and to report monthly to the local government that they are in compliance with those requirements. The bill would subject the development proponent and the construction contractors and subcontractors to specified civil penalties for 90 STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL        Packet Page. 120 failing to comply with those requirements, and would require the penalty funds to be deposited in the State Public Works Enforcement Fund. The bill would prohibit a local government from imposing any requirement, including increased fees, on the basis that the project is eligible to receive ministerial or streamlined approval. Because the bill would impose new duties on local governments, the bill would impose a state-mandated local program. This bill would require the Department of Housing and Community Development to undertake specified studies of the outcomes of the Affordable Housing and High Road Jobs Act of 2022, to publish reports on the findings of those studies, to post the reports on its internet website, and to submit the reports to the Legislature. This bill would repeal the provisions of the Affordable Housing and High Road Jobs Act of 2022 on January 1, 2033. The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The law also requires a planning agency to provide a specified annual report after the legislative body has adopted all or part of a general plan. This bill would require the annual report to include specified information about applications for housing developments submitted pursuant to the Affordable Housing and High Road Jobs Act of 2022. The Planning and Zoning Law also requires the Department of Housing and Community Development to notify the city, county, or city and county, and authorizes the department to notify the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws. This bill would add the Affordable Housing and High Road Jobs Act of 2022 to that list of housing laws. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. This bill would define “use by right” for purposes of the Affordable Housing and High Road Jobs Act of 2022, in part, as a development project that is not a project for purposes of CEQA, and the approval process established by this bill would be ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA. 90 — 2 — Ch. 647        Packet Page. 121 This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 1743, AB 2094, and AB 2653, to be operative only if this bill and any one or a combination of AB 1743, AB 2094, and AB 2653, are enacted, and this bill is enacted last, as described. This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 2097 and AB 2653 to be operative only if this bill and either or both of AB 2097 and AB 2653 are enacted, and this bill is enacted last, as described. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would make its provisions operative on July 1, 2023. The people of the State of California do enact as follows: SECTION 1. Section 65400 of the Government Code is amended to read: 65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following: (1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following: (A) The status of the plan and progress in its implementation. (B) (i) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of 90 Ch. 647 — 3 —        Packet Page. 122 Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. (iii) The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision. (iv) The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. (C) The number of housing development applications received in the prior year. (D) The number of units included in all development applications in the prior year. (E) The number of units approved and disapproved in the prior year. (F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan. (G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863. (H) The number of net new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier that must include the assessor’s parcel number, but may include street address, or other identifiers. (I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total 90 — 4 — Ch. 647        Packet Page. 123 number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4. (J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code. (K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004. (L) The following information with respect to density bonuses granted in accordance with Section 65915: (i) The number of density bonus applications received by the city or county. (ii) The number of density bonus applications approved by the city or county. (iii) Data from a sample of projects, selected by the planning agency, approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project. (M) The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100): (i) The location of the project. (ii) The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed. (iii) The number of units in the project. (iv) The number of units in the project that are rental housing. (v) The number of units in the project that are for-sale housing. (vi) The household income category of the units, as determined pursuant to subdivision (f) of Section 65584. (b) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court 90 Ch. 647 — 5 —        Packet Page. 124 determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption. (c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report. SEC. 1.1. Section 65400 of the Government Code is amended to read: 65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following: (1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following: (A) The status of the plan and progress in its implementation. (B) (i) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. The report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. (iii) The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision. 90 — 6 — Ch. 647        Packet Page. 125 (iv) The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. (C) The number of housing development applications received in the prior year, including whether each housing development application is subject to a ministerial or discretionary approval process. (D) The number of units included in all development applications in the prior year. (E) The number of units approved and disapproved in the prior year. (F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan. (G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863. (H) (i) The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall do the following: (I) For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. (II) For each entitlement, building permit, or certificate of occupancy, include a unique site identifier that must include the assessor’s parcel number, but may also include street address, or other identifiers. (ii) For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08. (I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4. (J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code. 90 Ch. 647 — 7 —        Packet Page. 126 (K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004. (L) The following information with respect to density bonuses granted in accordance with Section 65915: (i) The number of density bonus applications received by the city or county. (ii) The number of density bonus applications approved by the city or county. (iii) Data from a sample of projects, selected by the planning agency, approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project. (M) The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100): (i) The location of the project. (ii) The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed. (iii) The number of units in the project. (iv) The number of units in the project that are rental housing. (v) The number of units in the project that are for-sale housing. (vi) The household income category of the units, as determined pursuant to subdivision (f) of Section 65584. (b) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption. 90 — 8 — Ch. 647        Packet Page. 127 (c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report. SEC. 1.2. Section 65400 of the Government Code is amended to read: 65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following: (1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following: (A) The status of the plan and progress in its implementation. (B) (i) The progress in meeting its share of regional housing needs determined pursuant to Section 65584, including the need for extremely low income households, as determined pursuant to paragraph (1) of subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. (iii) The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision. (iv) The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. 90 Ch. 647 — 9 —        Packet Page. 128 (C) The number of housing development applications received in the prior year. (D) The number of units included in all development applications in the prior year. (E) The number of units approved and disapproved in the prior year. (F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan. (G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863. (H) The number of net new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier that must include the assessor’s parcel number, but may include street address, or other identifiers. (I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4. (J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code. (K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004. (L) The following information with respect to density bonuses granted in accordance with Section 65915: 90 — 10 — Ch. 647        Packet Page. 129 (i) The number of density bonus applications received by the city or county. (ii) The number of density bonus applications approved by the city or county. (iii) Data from a sample of projects, selected by the planning agency, approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project. (M) The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100): (i) The location of the project. (ii) The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed. (iii) The number of units in the project. (iv) The number of units in the project that are rental housing. (v) The number of units in the project that are for-sale housing. (vi) The household income category of the units, as determined pursuant to subdivision (f) of Section 65584. (b) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption. (c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report. SEC. 1.3. Section 65400 of the Government Code is amended to read: 65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following: (1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for 90 Ch. 647 — 11 —        Packet Page. 130 orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following: (A) The status of the plan and progress in its implementation. (B) (i) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. (iii) The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision. (iv) The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. (C) The number of housing development applications received in the prior year. (D) The number of units included in all development applications in the prior year. (E) The number of units approved and disapproved in the prior year. (F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan. (G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. 90 — 12 — Ch. 647        Packet Page. 131 The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863. (H) The number of units of housing demolished and new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier that must include the assessor’s parcel number, but may include street address, or other identifiers. (I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4. (J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code. (K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004. (L) The following information with respect to density bonuses granted in accordance with Section 65915: (i) The number of density bonus applications received by the city or county. (ii) The number of density bonus applications approved by the city or county. (iii) Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project. (M) The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100): (i) The location of the project. 90 Ch. 647 — 13 —        Packet Page. 132 (ii) The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed. (iii) The number of units in the project. (iv) The number of units in the project that are rental housing. (v) The number of units in the project that are for-sale housing. (vi) The household income category of the units, as determined pursuant to subdivision (f) of Section 65584. (b) (1) (A) The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdivision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph. (B) If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing. (2) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption. (c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report. SEC. 1.4. Section 65400 of the Government Code is amended to read: 65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following: (1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. 90 — 14 — Ch. 647        Packet Page. 133 (2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following: (A) The status of the plan and progress in its implementation. (B) (i) The progress in meeting its share of regional housing needs determined pursuant to Section 65584, including the need for extremely low income households, as determined pursuant to paragraph (1) of subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. The report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. (iii) The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision. (iv) The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. (C) The number of housing development applications received in the prior year, including whether each housing development application is subject to a ministerial or discretionary approval process. (D) The number of units included in all development applications in the prior year. (E) The number of units approved and disapproved in the prior year. (F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan. (G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. 90 Ch. 647 — 15 —        Packet Page. 134 The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863. (H) (i) The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall do the following: (I) For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. (II) For each entitlement, building permit, or certificate of occupancy, include a unique site identifier that must include the assessor’s parcel number, but may also include street address, or other identifiers. (ii) For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08. (I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4. (J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code. (K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004. (L) The following information with respect to density bonuses granted in accordance with Section 65915: (i) The number of density bonus applications received by the city or county. (ii) The number of density bonus applications approved by the city or county. (iii) Data from a sample of projects, selected by the planning agency, approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project. 90 — 16 — Ch. 647        Packet Page. 135 (M) The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100): (i) The location of the project. (ii) The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed. (iii) The number of units in the project. (iv) The number of units in the project that are rental housing. (v) The number of units in the project that are for-sale housing. (vi) The household income category of the units, as determined pursuant to subdivision (f) of Section 65584. (b) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption. (c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report. SEC. 1.5. Section 65400 of the Government Code is amended to read: 65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following: (1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following: (A) The status of the plan and progress in its implementation. (B) (i) The progress in meeting its share of regional housing needs determined pursuant to Section 65584, including the need for extremely low income households, as determined pursuant to paragraph (1) of 90 Ch. 647 — 17 —        Packet Page. 136 subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. (iii) The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision. (iv) The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. (C) The number of housing development applications received in the prior year. (D) The number of units included in all development applications in the prior year. (E) The number of units approved and disapproved in the prior year. (F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan. (G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863. (H) The number of units of housing demolished and new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income 90 — 18 — Ch. 647        Packet Page. 137 category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier that must include the assessor’s parcel number, but may include street address, or other identifiers. (I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4. (J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code. (K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004. (L) The following information with respect to density bonuses granted in accordance with Section 65915: (i) The number of density bonus applications received by the city or county. (ii) The number of density bonus applications approved by the city or county. (iii) Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project. (M) The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100): (i) The location of the project. (ii) The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed. (iii) The number of units in the project. (iv) The number of units in the project that are rental housing. (v) The number of units in the project that are for-sale housing. (vi) The household income category of the units, as determined pursuant to subdivision (f) of Section 65584. 90 Ch. 647 — 19 —        Packet Page. 138 (b) (1) (A) The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdivision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph. (B) If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing. (2) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption. (c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report. SEC. 1.6. Section 65400 of the Government Code is amended to read: 65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following: (1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following: (A) The status of the plan and progress in its implementation. (B) (i) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. 90 — 20 — Ch. 647        Packet Page. 139 (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. The report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. (iii) The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision. (iv) The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. (C) The number of housing development applications received in the prior year, including whether each housing development application is subject to a ministerial or discretionary approval process. (D) The number of units included in all development applications in the prior year. (E) The number of units approved and disapproved in the prior year. (F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan. (G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863. (H) (i) The number of units of housing demolished and new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall do the following: 90 Ch. 647 — 21 —        Packet Page. 140 (I) For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. (II) For each entitlement, building permit, or certificate of occupancy, include a unique site identifier that must include the assessor’s parcel number, but may also include street address, or other identifiers. (ii) For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08. (I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4. (J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code. (K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004. (L) The following information with respect to density bonuses granted in accordance with Section 65915: (i) The number of density bonus applications received by the city or county. (ii) The number of density bonus applications approved by the city or county. (iii) Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project. (M) The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100): (i) The location of the project. (ii) The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed. (iii) The number of units in the project. (iv) The number of units in the project that are rental housing. (v) The number of units in the project that are for-sale housing. 90 — 22 — Ch. 647        Packet Page. 141 (vi) The household income category of the units, as determined pursuant to subdivision (f) of Section 65584. (b) (1) (A) The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdivision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph. (B) If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing. (2) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption. (c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report. SEC. 1.7. Section 65400 of the Government Code is amended to read: 65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following: (1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following: (A) The status of the plan and progress in its implementation. (B) (i) The progress in meeting its share of regional housing needs determined pursuant to Section 65584, including the need for extremely 90 Ch. 647 — 23 —        Packet Page. 142 low income households, as determined pursuant to paragraph (1) of subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. The report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. (iii) The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision. (iv) The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. (C) The number of housing development applications received in the prior year, including whether each housing development application is subject to a ministerial or discretionary approval process. (D) The number of units included in all development applications in the prior year. (E) The number of units approved and disapproved in the prior year. (F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan. (G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863. (H) (i) The number of units of housing demolished and new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued 90 — 24 — Ch. 647        Packet Page. 143 a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall do the following: (I) For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. (II) For each entitlement, building permit, or certificate of occupancy, include a unique site identifier that must include the assessor’s parcel number, but may also include street address, or other identifiers. (ii) For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08. (I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4. (J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code. (K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004. (L) The following information with respect to density bonuses granted in accordance with Section 65915: (i) The number of density bonus applications received by the city or county. (ii) The number of density bonus applications approved by the city or county. (iii) Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project. (M) The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100): (i) The location of the project. 90 Ch. 647 — 25 —        Packet Page. 144 (ii) The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed. (iii) The number of units in the project. (iv) The number of units in the project that are rental housing. (v) The number of units in the project that are for-sale housing. (vi) The household income category of the units, as determined pursuant to subdivision (f) of Section 65584. (b) (1) (A) The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdivision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph. (B) If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing. (2) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption. (c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report. SEC. 2. Section 65585 of the Government Code is amended to read: 65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the 90 — 26 — Ch. 647        Packet Page. 145 department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department. (2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element. (3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1). (c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them. (f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions: (1) Change the draft element or draft amendment to substantially comply with this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department. (g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department. 90 Ch. 647 — 27 —        Packet Page. 146 (h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency. (i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B). (B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article. (2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article. (j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following: (1) Housing Accountability Act (Section 65589.5). (2) Section 65863. (3) Chapter 4.3 (commencing with Section 65915). (4) Section 65008. (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300). (6) Section 8899.50. (7) Section 65913.4. (8) Article 11 (commencing with Section 65650). (9) Article 12 (commencing with Section 65660). (10) Section 65913.11. (11) Chapter 4.1 (commencing with Section 65912.100). (k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and 90 — 28 — Ch. 647        Packet Page. 147 shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j). (l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. 90 Ch. 647 — 29 —        Packet Page. 148 (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following: (A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j). (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships. (n) Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section. (o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding. (p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o). 90 — 30 — Ch. 647        Packet Page. 149 SEC. 2.1. Section 65585 of the Government Code is amended to read: 65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department. (2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element. (3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1). (c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them. (f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions: 90 Ch. 647 — 31 —        Packet Page. 150 (1) Change the draft element or draft amendment to substantially comply with this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department. (g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department. (h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency. (i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B). (B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article. (2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article. (j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following: (1) Housing Accountability Act (Section 65589.5). (2) Section 65863. (3) Chapter 4.3 (commencing with Section 65915). (4) Section 65008. (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300). (6) Section 8899.50. (7) Section 65913.4. 90 — 32 — Ch. 647        Packet Page. 151 (8) Article 11 (commencing with Section 65650). (9) Article 12 (commencing with Section 65660). (10) Section 65913.11. (11) Section 65863.2. (12) Chapter 4.1 (commencing with Section 65912.100) (k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j). (l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, 90 Ch. 647 — 33 —        Packet Page. 152 if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following: (A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j). (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships. (n) Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section. 90 — 34 — Ch. 647        Packet Page. 153 (o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding. (p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o). SEC. 2.2. Section 65585 of the Government Code is amended to read: 65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department. (2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element. (3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1). (c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and 90 Ch. 647 — 35 —        Packet Page. 154 consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them. (f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions: (1) Change the draft element or draft amendment to substantially comply with this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department. (g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department. (h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency. (i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B). (B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article. (2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article. (j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing 90 — 36 — Ch. 647        Packet Page. 155 element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following: (1) Housing Accountability Act (Section 65589.5). (2) Section 65863. (3) Chapter 4.3 (commencing with Section 65915). (4) Section 65008. (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300). (6) Section 8899.50. (7) Section 65913.4. (8) Article 11 (commencing with Section 65650). (9) Article 12 (commencing with Section 65660). (10) Section 65913.11. (11) Section 65400. (12) Chapter 4.1 (commencing with Section 65912.100). (k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j). (l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount 90 Ch. 647 — 37 —        Packet Page. 156 of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following: (A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j). 90 — 38 — Ch. 647        Packet Page. 157 (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships. (n) Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section. (o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding. (p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o). SEC. 2.3. Section 65585 of the Government Code is amended to read: 65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department. (2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element. (3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 90 Ch. 647 — 39 —        Packet Page. 158 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1). (c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them. (f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions: (1) Change the draft element or draft amendment to substantially comply with this article. (2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department. (g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department. (h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency. (i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B). (B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article. 90 — 40 — Ch. 647        Packet Page. 159 (2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article. (j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following: (1) Housing Accountability Act (Section 65589.5). (2) Section 65863. (3) Chapter 4.3 (commencing with Section 65915). (4) Section 65008. (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300). (6) Section 8899.50. (7) Section 65913.4. (8) Article 11 (commencing with Section 65650). (9) Article 12 (commencing with Section 65660). (10) Section 65913.11. (11) Section 65400. (12) Section 65863.2. (13) Chapter 4.1 (commencing with Section 65912.100). (k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j). (l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in 90 Ch. 647 — 41 —        Packet Page. 160 substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following: (A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element 90 — 42 — Ch. 647        Packet Page. 161 into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j). (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships. (n) Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section. (o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding. (p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o). SEC. 3. Chapter 4.1 (commencing with Section 65912.100) is added to Division 1 of Title 7 of the Government Code, to read: Chapter 4.1. Affordable Housing and High Road Jobs Act of 2022 Article 1. General Provisions 65912.100. This chapter shall be known and cited as the Affordable Housing and High Road Jobs Act of 2022. 65912.101. For purposes of this chapter, the following terms have the following meanings: (a) “Commercial corridor” means a highway, as defined in Section 360 of the Vehicle Code, that is not a freeway, as defined in Section 332 of the Vehicle Code, and that has a right-of-way, as defined in Section 525 of the Vehicle Code, of at least 70 and not greater than 150 feet. 90 Ch. 647 — 43 —        Packet Page. 162 (b) “Development proponent” means a developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this chapter. (c) “Extremely low income households” has the same meaning as defined in Section 50106 of the Health and Safety Code. (d) “Health care expenditures” include contributions under Sections 501(c) or (d) or 401(a) of the Internal Revenue Code and payments toward “medical care” as defined under Section 213(d)(1) of the Internal Revenue Code. (e) “Housing development project” has the same meaning as defined in Section 65589.5. (f) “Industrial use” means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. “Industrial use” does not include power substations or utility conveyances such as power lines, broadband wires, and pipes. (g) “Local affordable housing requirement” means either of the following: (1) A local government requirement, as a condition of development of residential units, that a housing development project include a certain percentage of units affordable to, and occupied by, extremely low, very low, lower, or moderate-income households as a condition of development of residential units. (2) A local government requirement allowing a housing development project to be a use by right if the project includes a certain percentage of units affordable to, and occupied by, extremely low, very low, lower, or moderate-income households as a condition of development of residential units. (h) “Local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (i) “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. (j) “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code. (k) “Moderate-income households” means households of persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. (l) “Multifamily” means a property with five or more housing units for sale or for rent. (m) “Neighborhood plan” means a specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3, or an area plan, precise plan, urban village plan, or master plan that has been adopted by a local government. (n) “Principally permitted use” means a use that may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit. (o) “Side street” means a highway, as defined in Section 360 of the Vehicle Code, that is not a freeway, as defined in Section 332 of the Vehicle 90 — 44 — Ch. 647        Packet Page. 163 Code, and that has a right-of-way, as defined in Section 525 of the Vehicle Code, of at least 25 and fewer than 70 feet. (p) “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. (q) “Use by right” means a development project that satisfies both of the following conditions: (1) The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review. (2) The development project is not a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (r) “Very low income households” has the same meaning as defined in Section 50105 of the Health and Safety Code. 65912.102. The department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this chapter. Any guidelines or terms adopted pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. 65912.103. For purposes of establishing the total number of units in a development under this chapter, a development project includes both of the following: (a) All projects developed on a site, regardless of when those developments occur. (b) All projects developed on sites adjacent to a site developed pursuant to this chapter if, after January 1, 2022, the adjacent site had been subdivided from the site developed pursuant to this chapter. 65912.104. (a) The department shall undertake at least two studies of the outcomes of this chapter. One study shall be completed on or before January 1, 2027, and one shall be completed on or before January 1, 2031. (b) The studies required by subdivision (a) shall include, but not be limited to, the number of projects built, the number of units built, the jurisdictional and regional location of the housing, the relative wealth and access to resources of the communities in which they are built, the level of affordability, the effect on greenhouse gas emissions, and the creation of construction jobs that pay the prevailing wage. (c) The department shall publish a report of the findings of a study required by subdivision (a), post the report on its internet website, and submit the report to the Legislature pursuant to Section 9795. 65912.105. This chapter shall remain in effect only until January 1, 2033, and as of that date is repealed. 90 Ch. 647 — 45 —        Packet Page. 164 Article 2. Affordable Housing Developments in Commercial Zones 65912.110. Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a housing development that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to Section 65912.114 if the proposed housing development satisfies all of the requirements in Sections 65912.111, 65912.112, and 65912.113. 65912.111. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development is proposed to be located on a site that satisfies all of the following criteria: (a) It is located in a zone where office, retail, or parking are a principally permitted use. (b) It is a legal parcel or parcels that meet either of the following: (1) It is within a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (c) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this subdivision, parcels that are only separated by a street or highway shall be considered to be adjoined. (d) (1) It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. (2) For purposes of this subdivision, parcels only separated by a street or highway shall be considered to be adjoined. (3) For purposes of this subdivision, “dedicated to industrial use” means any of the following: (A) The square footage is currently being used as an industrial use. (B) The most recently permitted use of the square footage is an industrial use. (C) The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022. (e) It satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (f) It is not an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 90 — 46 — Ch. 647        Packet Page. 165 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (g) For a site within a neighborhood plan area, the site satisfies either of the following conditions: (1) As of January 1, 2022, there was a neighborhood plan applicable to the site that permitted multifamily housing development on the site. (2) As of January 1, 2024, there was a neighborhood plan applicable to the site that permitted multifamily housing development on the site and all of the following occurred: (A) A notice of preparation for the neighborhood plan was issued before January 1, 2022, pursuant to the requirements of Sections 21080.4 and 21092 of the Public Resources Code. (B) The neighborhood plan was adopted on or after January 1, 2022, and before January 1, 2024. (C) The environmental review for the neighborhood plan was completed before January 1, 2024. (h) For a vacant site, the site satisfies both of the following: (1) It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code. (2) It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179. 65912.112. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development proposal meets all of the following affordability criteria: (a) One hundred percent of the units within the development project, excluding managers’ units, shall be dedicated to lower income households at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. (b) The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units. 65912.113. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development proposal meets all of the following objective development standards: (a) The development shall be a multifamily housing development project. (b) The residential density for the development will meet or exceed the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in paragraph (3) of subdivision (c) of Section 65583.2. 90 Ch. 647 — 47 —        Packet Page. 166 (c) (1) The development proponent shall complete a phase I environmental assessment, as defined in Section 25319.1 of the Health and Safety Code. (2) If a recognized environmental condition is found, the development proponent shall undertake a preliminary endangerment assessment, as defined in Section 25319.5 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. (A) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (B) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (d) None of the housing on the site is located within 500 feet of a freeway, as defined in Section 332 of the Vehicle Code. (e) None of the housing on the site is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas. (f) The development will meet the following objective zoning standards, objective subdivision standards, and objective design review standards: (1) The applicable objective standards shall be those for the zone that allows residential use at a greater density between the following: (A) The existing zoning designation for the parcel if existing zoning allows multifamily residential use. (B) The zoning designation for the closest parcel that allows residential use at a density that meets the requirements of subdivision (b). (2) The applicable objective standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article. (g) For purposes of this section, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following: (1) A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use 90 — 48 — Ch. 647        Packet Page. 167 designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted. (2) In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this section if the development is consistent with the standards set forth in the general plan. 65912.114. (a) (1) If the local government determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development. (2) If a local government determines that a development submitted pursuant to this article is in conflict with any of the objective planning standards specified in this article, it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes: (A) Within 60 days of submittal of the development proposal to the local government if the development contains 150 or fewer housing units. (B) Within 90 days of submittal of the development proposal to the local government if the development contains more than 150 housing units. (b) If the local government fails to provide the required documentation pursuant to subdivision (a), the development shall be deemed to satisfy the required objective planning standards. (c) (1) For purposes of this section, a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (2) For purposes of this section, a development is not in conflict with the objective planning standards solely on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (d) The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a “project” as defined in Section 21065 of the Public Resources Code. (e) Design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable: 90 Ch. 647 — 49 —        Packet Page. 168 (1) Within 90 days of submittal of the development proposal to the local government pursuant to this section if the development contains 150 or fewer housing units. (2) Within 180 days of submittal of the development proposal to the local government pursuant to this section if the development contains more than 150 housing units. (f) A development proposed pursuant to this article shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915. (g) The local government shall ensure that the project satisfies the requirements specified in subdivision (d) of Section 66300, regardless of whether the development is within or not within an affected city or within or not within an affected county. (h) If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (i) A local government may exempt a parcel from this section before a development proponent submits a development application on a parcel pursuant to this article if the local government makes written findings establishing all of the following: (1) The local government has identified one or more parcels that meet the criteria described in subdivisions (b) through (f) of Section 65912.111. (2) (A) If a parcel identified in paragraph (1) would not otherwise be eligible for development pursuant to this chapter, the local government has permitted the parcel to be developed pursuant to the requirements of this chapter. (B) If a parcel identified in paragraph (1) would otherwise be eligible for development pursuant to this chapter, the local government has permitted residential densities above the residential density required in subdivision (b) of Section 65912.113. (3) The development of the parcel or parcels pursuant to paragraph (3) will result in all of the following: (A) No net loss of the total potential residential density in the jurisdiction. (B) No net loss of the potential residential density of housing affordable to lower income households in the jurisdiction. (C) Affirmative furthering of fair housing. (j) A local government’s approval of a development pursuant to this section shall, notwithstanding any other law, be subject to the expiration timeframes specified in subdivision (f) of Section 65913.4. (k) Any proposed modifications to a development project approved pursuant to this section shall be undertaken pursuant to subdivision (g) of Section 65913.4. (l) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing 90 — 50 — Ch. 647        Packet Page. 169 requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section. (m) A local government shall issue a subsequent permit required for a development approved under this section pursuant to paragraph (2) of subdivision (h) of Section 65913.4. (n) A public improvement that is necessary to implement a development that is approved pursuant to this section shall be undertaken pursuant to paragraph (3) of subdivision (h) of Section 65913.4. (o) A local government may adopt an ordinance to implement the provisions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code. Article 3. Mixed-Income Housing Developments Along Commercial Corridors 65912.120. Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a housing development that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to Section 65912.124 if the proposed housing development satisfies all of the requirements in Sections 65912.121, 65912.122, and 65912.123. 65912.121. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project is on a site that satisfies all of the following criteria: (a) It is located within a zone where office, retail, or parking are principally permitted use. (b) It is located on a legal parcel or parcels that meet either of the following: (1) It is within a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (c) The project site abuts a commercial corridor and has a frontage along the commercial corridor of a minimum of 50 feet. (d) The site is not greater than 20 acres. (e) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this subdivision, parcels that are only separated by a street or highway shall be considered to be adjoined. (f) (1) It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. 90 Ch. 647 — 51 —        Packet Page. 170 (2)  For purposes of this subdivision, parcels only separated by a street or highway shall be considered to be adjoined. (3) For purposes of this subdivision, “dedicated to industrial use” means any of the following: (A) The square footage is currently being used as an industrial use. (B) The most recently permitted use of the square footage is an industrial use. (C) The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022. (g) It satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (h) The development is not located on a site where any of the following apply: (1) The development would require the demolition of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (C) Housing that has been occupied by tenants within the past 10 years, excluding any manager’s units. (2) The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submits an application under this article. (3) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register. (4) The property contains one to four dwelling units. (5) The property is vacant and zoned for housing but not for multifamily residential use. (6) The existing parcel of land or site is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (i) For a site within a neighborhood plan area, the site satisfies either of the following conditions: (1) As of January 1, 2022, there was a neighborhood plan applicable to the site that permitted multifamily housing development on the site. (2)  As of January 1, 2024, there was a neighborhood plan applicable to the site that permitted multifamily housing development on the site and all of the following occurred: 90 — 52 — Ch. 647        Packet Page. 171 (A) A notice of preparation for the neighborhood plan was issued before January 1, 2022, pursuant to the requirements of Sections 21080.4 and 21092 of the Public Resources Code. (B) The neighborhood plan was adopted on or after January 1, 2022, and before January 1, 2024. (C) The environmental review for the neighborhood plan was completed before January 1, 2024. (j) For a vacant site, the site satisfies both of the following: (1) It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code. (2) It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179. 65912.122. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project meets all of the following affordability criteria: (a) (1) A rental housing development shall include either of the following: (A) Eight percent of the units for very low income households and 5 percent of the units for extremely low income households. (B) Fifteen percent of the units for lower income households. (2) The development proponent shall agree to, and the local government shall ensure, the continued affordability of all affordable rental units included pursuant to this subdivision for 55 years. Rents shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (b) (1) An owner-occupied housing development shall include either of the following: (A) Thirty percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households. (B) Fifteen percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households. (2) The development proponent shall agree to, and the local government shall ensure, the continued affordability of all affordable ownership units for a period of 45 years. (c) If the local government has a local affordable housing requirement, the housing development project shall comply with all of the following: (1) The development project shall include the percentage of affordable units required by this section or the local requirement, whichever is higher. (2) The development project shall meet the lowest income targeting in either policy. 90 Ch. 647 — 53 —        Packet Page. 172 (3) If the local affordable housing requirement requires greater than 15 percent of the units to be dedicated for lower income households and does not require the inclusion of units affordable to very low and extremely low income households, then the rental housing development shall do both of the following: (A) Include 8 percent of the units for very low income households and 5 percent of the units for extremely low income households. (B) Fifteen percent of units affordable to lower income households shall be subtracted from the percentage of units required by the local policy at the highest required affordability level. (d) Affordable units in the development project shall have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes. 65912.123. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project meets all of the following objective development standards: (a) The development shall be a multifamily housing development project. (b) The residential density for the development shall be determined as follows: (1) In a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, the residential density for the development shall meet or exceed the greater of the following: (A) The residential density allowed on the parcel by the local government. (B) For sites of less than one acre in size, 30 units per acre. (C) For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 40 units per acre. (D) For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 60 units per acre. (E) Notwithstanding subparagraph (B), (C), or (D), for sites within one-half mile of a major transit stop, 80 units per acre. (2) In a jurisdiction that is not a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, the residential density for the development shall meet or exceed the greater of the following: (A) The residential density allowed on the parcel by the local government. (B) For sites of less than one acre in size, 20 units per acre. (C) For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 30 units per acre. (D) For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 50 units per acre. (E) Notwithstanding subparagraph (B), (C), or (D), for sites within one-half mile of a major transit stop, 70 units per acre. (c) The height limit applicable to the housing development shall be the greater of the following: (1) The height allowed on the parcel by the local government. 90 — 54 — Ch. 647        Packet Page. 173 (2) For sites on a commercial corridor of less than 100 feet in width, 35 feet. (3) For sites on a commercial corridor of 100 feet in width or greater, 45 feet. (4) Notwithstanding paragraphs (2) and (3), 65 feet for sites that meet all of the following criteria: (A) They are within one-half mile of a major transit stop. (B) They are within a city with a population of greater than 100,000. (C) They are not within a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code. (d) The property meets the following setback standards: (1) For the portion of the property that fronts a commercial corridor, the following shall occur: (A) No setbacks shall be required. (B) All parking must be set back at least 25 feet. (C) On the ground floor, a building or buildings must abut within 10 feet of the property line for at least 80 percent of the frontage. (2) For the portion of the property that fronts a side street, a building or buildings must abut within 10 feet of the property line for at least 60 percent of the frontage. (3) For the portion of the property that abuts an adjoining property that also abuts the same commercial corridor as the property, no setbacks are required unless the adjoining property contains a residential use that was constructed prior to the enactment of this chapter, in which case the requirements of subparagraph (A) of paragraph (4) apply. (4) For the portion of the property line that does not abut a commercial corridor, a side street, or an adjoining property that also abuts the same commercial corridor as the property, the following shall occur: (A) Along property lines that abut a property that contains a residential use, the following shall occur: (i) The ground floor of the development project shall be set back at 10 feet. The amount required to be set back may be decreased by the local government. (ii) Starting with the second floor of the property, each subsequent floor of the development project shall be stepped back in an amount equal to seven feet multiplied by the floor number. For purposes of this paragraph, the ground floor counts as the first floor. The amount required to be stepped back may be decreased by the local government. (B) Along property lines that abut a property that does not contain a residential use, the development shall be set back 15 feet. The amount required to be stepped back may be decreased by the local government. (e) No parking shall be required, except that this article shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development to provide bicycle parking, electric vehicle supply equipment installed parking spaces, or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this article did not apply. 90 Ch. 647 — 55 —        Packet Page. 174 (f) (1) The development proponent shall complete a phase I environmental assessment, as defined in Section 25319.1 of the Health and Safety Code. (2) If a recognized environmental condition is found, the development proponent shall undertake a preliminary endangerment assessment, as defined in Section 25319.5 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. (A) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (B) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (g) None of the housing on the site is located within 500 feet of a freeway, as defined in Section 332 of the Vehicle Code. (h) None of the housing on the site is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas. (i) (1) The development proponent shall provide written notice of the pending application to each commercial tenant on the parcel when the application is submitted. (2) The development proponent shall provide relocation assistance to each eligible commercial tenant located on the site as follows: (A) For a commercial tenant operating on the site for at least one year but less than five years, the relocation assistance shall be equivalent to six months’ rent. (B) For a commercial tenant operating on the site for at least 5 years but less than 10 years, the relocation assistance shall be equivalent to nine months’ rent. (C) For a commercial tenant operating on the site for at least 10 years but less than 15 years, the relocation assistance shall be equivalent to 12 months’ rent. (D) For a commercial tenant operating on the site for at least 15 years but less than 20 years, the relocation assistance shall be equivalent to 15 months’ rent. (E) For a commercial tenant operating on the site for at least 20 years, the relocation assistance shall be equivalent to 18 months’ rent. (3) The relocation assistance shall be provided to an eligible commercial tenant upon expiration of the lease of that commercial tenant. (4) For purposes of this subdivision, a commercial tenant is eligible for relocation assistance if the commercial tenant meets all of the following criteria: 90 — 56 — Ch. 647        Packet Page. 175 (A) The commercial tenant is an independently owned and operated business with its principal office located in the county in which the property on the site that is leased by the commercial tenant is located. (B) The commercial tenant’s lease expired and was not renewed by the property owner. (C) The commercial tenant’s lease expired within the three years following the development proponent’s submission of the application for a housing development pursuant to this article. (D) The commercial tenant employs 20 or fewer employees and has an annual average gross receipts under one million dollars ($1,000,000) for the three taxable year period ending with the taxable year that precedes the expiration of their lease. (E) The commercial tenant is still in operation on the site at the time of the expiration of its lease. (5) Notwithstanding paragraph (4), for purposes of this subdivision, a commercial tenant is ineligible for relocation assistance if the commercial tenant meets both of the following criteria: (A) The commercial tenant entered into a lease on the site after the development proponent’s submission of the application for a housing development pursuant to this article. (B) The commercial tenant had not previously entered into a lease on the site. (6) (A) The commercial tenant shall utilize the funds provided by the development proponent to relocate the business or for costs of a new business. (B) Notwithstanding paragraph (2), if the commercial tenant elects not to use the funds provided as required by subparagraph (A), the development proponent shall provide only assistance equal to three months’ rent, regardless of the duration of the commercial tenant’s lease. (7) For purposes of this subdivision, monthly rent is equal to one-twelfth of the total amount of rent paid by the commercial tenant in the last 12 months. (j) Other objective zoning standards, objective subdivision standards, and objective design review standards as follows: (1)  The applicable objective standards shall be those for the closest zone in the city, county, or city and county that allows multifamily residential use at the residential density determined pursuant to subdivision (b). If no zone exists that allows the residential density determined pursuant to subdivision (b), the applicable objective standards shall be those for the zone that allows the greatest density within the city, county, or city and county. (2) The applicable objective standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article. (3) The applicable objective standards may include a requirement that up to one-half of the ground floor of the housing development project be dedicated to retail use. 90 Ch. 647 — 57 —        Packet Page. 176 (4) For purposes of this section, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan. 65912.124. (a) (1) If the local government determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development. (2) If a local government determines that a development submitted pursuant to this article is in conflict with any of the objective planning standards specified in this article, it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes: (A) Within 60 days of submittal of the development proposal to the local government if the development contains 150 or fewer housing units. (B) Within 90 days of submittal of the development proposal to the local government if the development contains more than 150 housing units. (b) If the local government fails to provide the required documentation pursuant to subdivision (a), the development shall be deemed to satisfy the required objective planning standards. (c) (1) For purposes of this section, a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (2) For purposes of this section, a development is not in conflict with the objective planning standards solely on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (d) The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a “project” as defined in Section 21065 of the Public Resources Code. (e) Design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review shall be objective and be strictly focused on assessing compliance with criteria 90 — 58 — Ch. 647        Packet Page. 177 required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable: (1) Within 90 days of submittal of the development proposal to the local government pursuant to this section if the development contains 150 or fewer housing units. (2) Within 180 days of submittal of the development proposal to the local government pursuant to this section if the development contains more than 150 housing units. (f) A housing development proposed pursuant to this article shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915, except that the project shall not use a concession to reduce a local government requirement for the provision of ground floor retail that is consistent with the allowance contained in paragraph (3) of subdivision (j) of Section 65912.123. (g) The local government shall ensure that the project satisfies the requirements specified in subdivision (d) of Section 66300, regardless of whether the development is within or not within an affected city or within or not within an affected county. (h) If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (i) A local government may exempt a parcel from this section before a development proponent submits a development application on a parcel pursuant to this article if the local government makes written findings establishing all of the following: (1) The local government has identified a parcel or parcels that meet the criteria described in subdivisions (b) and (e) to (h), inclusive, of Section 65912.121. (2) (A) If a parcel identified in paragraph (1) would not otherwise be eligible for development pursuant to this chapter, the local government has permitted the parcel to be developed pursuant to the requirements of this chapter. (B) If a parcel identified in paragraph (1) would otherwise be eligible for development pursuant to this chapter, the local government has permitted residential densities above the residential density required in subdivision (b) of Section 65912.123 and heights required in subdivision (c) of Section 65912.123. 90 Ch. 647 — 59 —        Packet Page. 178 (3) The development of the parcel or parcels pursuant to paragraph (3) will result in all of the following: (A) No net loss of the total potential residential density in the jurisdiction. (B) No net loss of the potential residential density of housing affordable to lower income households in the jurisdiction. (C) Affirmative furthering of fair housing. (j) A local government’s approval of a development pursuant to this section shall, notwithstanding any other law, be subject to the expiration timeframes specified in subdivision (f) of Section 65913.4. (k) Any proposed modifications to a development project approved pursuant to this section shall be undertaken pursuant to subdivision (g) of Section 65913.4. (l) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section. (m) A local government shall issue a subsequent permit required for a development approved under this section pursuant to paragraph (2) of subdivision (h) of Section 65913.4. (n) A public improvement that is necessary to implement a development that is approved pursuant to this section shall be undertaken pursuant to paragraph (3) of subdivision (h) of Section 65913.4. (o) A local government may adopt an ordinance to implement the provisions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code. Article 4. Labor Standards 65912.130. A development project approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall meet all of the following labor standards: (a) The development proponent shall require in contracts with construction contractors, and shall certify to the local government, that the standards specified in this section will be met in project construction. (b) A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following: (1) All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of 90 — 60 — Ch. 647        Packet Page. 179 the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (2) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work. (3) All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following: (A) Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (B) Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subparagraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (c) (1) The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this section may be enforced by any of the following: (A) The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development. (B) An underpaid worker through an administrative complaint or civil action. (C) A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. (2) If a civil wage and penalty assessment is issued pursuant to this section, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (3) This subdivision does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subdivision, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. 90 Ch. 647 — 61 —        Packet Page. 180 (d) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker. (e) The requirement of this section to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. 65912.131. In addition to the requirements of Section 65912.130, a development of 50 or more housing units approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall meet all of the following labor standards: (a) The development proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in subdivisions (b) and (c). A construction contractor is deemed in compliance with subdivisions (b) and (c) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents. (b) A contractor with construction craft employees shall either participate in an apprenticeship program approved by the State of California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this subdivision. (c) Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two 40-year-old adults and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this subdivision. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in Section 65912.130. (d) (1) The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with subdivisions (b) and (c). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be open to public inspection. (2) A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the 90 — 62 — Ch. 647        Packet Page. 181 month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with subdivision (b) or (c) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of subdivision (b) or (c). (3) Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code. (e) Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the Federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code. (f) All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. (g) A joint labor-management cooperation committee established pursuant to the Federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to subdivision (c) in accordance with Section 218.7 or 218.8 of the Labor Code. Article 5. Severability 65912.140. The provisions of subdivision (c) of Section 65912.131 concerning health care expenditure are distinct and severable from the remaining provisions of this chapter. However, Article 4 (commencing with Section 65912.130) is a material and integral part of this chapter and is not severable. If any provision of Article 4 (commencing with Section 65912.130) or its application, exclusive of those included in subdivision (c) of Section 65912.131, is held invalid, this entire chapter shall be null and void. SEC. 4. (a) Section 1.1 of this bill incorporates amendments to Section 65400 of the Government Code proposed by both this bill and Assembly Bill 1743. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) 90 Ch. 647 — 63 —        Packet Page. 182 each bill amends Section 65400 of the Government Code, (3) this bill is enacted after Assembly Bill 1743, and (4) neither Assembly Bill 2094, or Assembly Bill 2653 are enacted or as enacted do not amend that section, in which case Sections 1, 1.2, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative. (b) Section 1.2 of this bill incorporates amendments to Section 65400 of the Government Code proposed by both this bill and Assembly Bill 2094. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Government Code, (3) this bill is enacted after Assembly Bill 2094, and (4) neither Assembly Bill 1743 or Assembly Bill 2653 are enacted or as enacted do not amend that section, in which case Sections 1, 1.1, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative. (c) Section 1.3 of this bill incorporates amendments to Section 65400 of the Government Code proposed by both this bill and Assembly Bill 2653. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Government Code, (3) this bill is enacted after Assembly Bill 2653, and (4) neither Assembly Bill 1743 or Assembly Bill 2094 are enacted or as enacted do not amend that section, in which case Sections 1, 1.1, 1.2, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative. (d) Section 1.4 of this bill incorporates amendments to Section 65400 of the Government Code proposed by this bill, Assembly Bill 1743, and Assembly Bill 2094. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Government Code, (3) this bill is enacted after both Assembly Bill 1743 and Assembly Bill 2094, and (4) Assembly Bill 2653 is not enacted or as enacted does not amend that section, in which case Sections 1, 1.1, 1.2, 1.3, 1.5, 1.6, and 1.7 of this bill shall not become operative. (e) Section 1.5 of this bill incorporates amendments to Section 65400 of the Government Code proposed by this bill, Assembly Bill 2094, and Assembly Bill 2653. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Government Code, (3) this bill is enacted after both Assembly Bill 2094 and Assembly Bill 2653, and (4) Assembly Bill 1743 is not enacted or as enacted does not amend that section, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.6, and 1.7 of this bill shall not become operative. (f) Section 1.6 of this bill incorporates amendments to Section 65400 of the Government Code proposed by this bill, Assembly Bill 1743 and Assembly Bill 2653. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Government Code, (3) this bill is enacted after both Assembly Bill 1743 and Assembly Bill 2653, 90 — 64 — Ch. 647        Packet Page. 183 and (4) Assembly Bill 2094 is not enacted or as enacted does not amend that section, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.7 of this bill shall not become operative. (g) Section 1.7 of this bill incorporates amendments to Section 65400 of the Government Code proposed by this bill, Assembly Bill 1743, Assembly Bill 2094, and Assembly Bill 2653. That section of this bill shall only become operative if (1) all four bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Government Code, and (3) this bill is enacted after each of Assembly Bill 1743, Assembly 2094, and Assembly Bill 2653, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.6 of this bill shall not become operative. SEC. 5. (a) Section 2.1 of this bill incorporates amendments to Section 65585 of the Government Code proposed by both this bill and Assembly Bill 2097. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65585 of the Government Code, (3) Assembly Bill 2653 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2097, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative. (b) Section 2.2 of this bill incorporates amendments to Section 65585 of the Government Code proposed by both this bill and Assembly Bill 2653. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65585 of the Government Code, (3) Assembly Bill 2097 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2653 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative. (c) Section 2.3 of this bill incorporates amendments to Section 65585 of the Government Code proposed by this bill, Assembly Bill 2097, and Assembly Bill 2653. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) all three bills amend Section 65585 of the Government Code, and (3) this bill is enacted after Assembly Bill 2097 and Assembly Bill 2653, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies 90 Ch. 647 — 65 —        Packet Page. 184 and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 7. This act shall become operative July 1, 2023. O 90 — 66 — Ch. 647        Packet Page. 185 For more information, please contact Scott Carper at scarper@calcha.org, or visit www.calcha.org CalCHA’s Essential Housing Program Providing sustainable housing opportunities for California’s essential middle-income workforce California’s essential workforce (nurses, teachers, first responders and civil servants, among others) generally earns in excess of traditional affordable housing income limits yet not enough to sustainably reside within the communities they serve. The resulting dislocation and “drive until you qualify” commuting patterns result in traffic, congestion, pollution, social isolation, academic underperformance and negative health outcomes. The California Community Housing Agency (CalCHA) was formed in 2019 to squarely address this growing crisis. As the State’s first public agency focused exclusively on the production, preservation and protection of middle-income housing, our Essential Housing model has already created >4,000 affordable rent-restricted rental units throughout the State and has spurred the creation of additional State agencies hoping to leverage similar models to further California’s middle-income housing needs. Program Mechanics •Cities, counties and housing authorities become members of CalCHA •CalCHA seeks Essential Housing opportunities within member municipalities •CalCHA issues governmental revenue bonds and uses proceeds to construct or acquire properties •CalCHA assets are rent restricted to low-income and moderate-income households •CalCHA assets become exempt from property taxation •CalCHA grants all financial upside to the underlying member jurisdiction at its direction Public Benefit Creation In addition to being granted the financial upside of its assets, CalCHA members benefit from the immediate production of essential middle-income housing. Other programs benefits include: •Non-displacement of existing tenants •Up to 4% cap on annual rent increases •No investment, cost or liability created for member jurisdictions •No use of tax credits, private activity bonds or other scarce affordable housing subsidies/resources Municipality Participation Participation in CalCHA’s Essential Housing Program begins with the adoption of a single resolution granting: •CalCHA Membership (no cost, no liability) •Authorizing CalCHA to issue bonds locally (no cost, no liability) •Granting of financial upside (project-specific Public Benefit Agreements) California Community Housing Agency CalCHA is a California joint powers authority and political subdivision of the State, specifically founded to provide, preserve and protect middle-income affordable housing projects throughout California. CalCHA’s program administrators maintain more than 30 years of related experience in bond issuance for affordable housing.        Packet Page. 186 PRIVATE COURTYARD FIRE LANE FI R E L A N E LOBBY BOH LOBBY KING STREET E. 2ND STREET AMNTY RESIDENTIAL UNITS RESIDENTIAL UNITS RESIDENTIAL UNITS RESIDENTIAL UNITS N. M O U N T A I N V I E W A V E N U E N. A R R O W H E A D A V E N U E COMMERCIAL/GUEST/ADA PARKING MARKET UTILITYYARD SECURE RESIDENT PARKING83 TOTAL FIRE L A N E DROP-OFF 07 09 03 30 16 16 02 13 20 211 W. 2ND ST. CONCEPT SKETCH FIRE LANE FI R E L A N E FIRE L A N E SBH - Concept Site Plan        Packet Page. 187 Workforce Housing Project 211 West 2nd St, San Bernardino, CA Vicinity Key Employers Distance to Site Distance Number of To Project Employee 5.7 miles 2,100 1 mile 15 3.9 miles 3,625 3.9 miles 17,595 3.65 miles 2,587 4.1 miles 3.8 miles 2.36 miles 1,548 2.7 miles 1,136 1.45 miles 1.68 miles 1,260 .35 miles 100 .8 miles 425 .67 miles 100 .8 miles 100 120 feet 730 feet 600 .4 - 1 mile .38 miles .82 miles 2,600 .72 miles 600 1.7 miles 220 45,070 PLUS Name Cal State University San Bernardino Cal State University Reentry Initiative Loma Linda University Loma Linda University Medical Center Loma Linda University School of Public Health Jerry L Pettis Memorial Veterans Hospital Arrowhead Regional Medical Center Dignity Health St Bernardine Medical Center Dignity Health Community Hospital San Bernardino Valley College Stater Bros Grocery Store Admin & Distribution Center Frank Dominguez Elementary School City of San Bernardino Unified School Dist Admin Office Norton Elementary School Junita Jones Elementary School San Bernardino County Superior Court House San Bernardino County District Attorney Office City Hall, SBPD and Workforce Development Offices CALTRANS District 8 Office San Bernardino County Sheriff’s and Coroner’s Office and Jail City of San Bernardino Police Department San Bernardino County Fire Protection Dist Admin Office Totals Omni Trans & Metrolink Transportation Center 1,575 feet 2,510 4,000 1,036 1,302 105 1,506        Packet Page. 188 Live local, Find a community where well-curated one, two, and three-bedroom apartments in Santa Rosa, CA, blend with luxe amenities designed to complement your Sonoma County lifestyle. Adjacent to a 2.5-acre park and minutes from the area’s most exceptional wine, food, and culture, Annadel’s pet-friendly apartments in Santa Rosa offer the best location nearby Rohnert Park, Petaluma, Novato, and more for your lifestyle. Arrive home, you’ll enjoy unrivaled amenities - such as our wine bar, game room with billiards table, state-of-the-art fitness center complete with Peloton bikes, and brand new saltwater pool and spa. Luxury living in Santa Rosa, CA ANNADELAPTS.COM • (888) 281-7934 • 1020 Jennings Ave, Santa Rosa, CA 95401 without sacrifice.        Packet Page. 189 COMMUNITY amenities Not to mention... •Coffee Bar with Espresso Machine •Well-Equipped Business Center •Multiple Barbecue Areas •2.5 Acre Park •Dog Park •Community Garden •Wine bar & wine lockers •Indoor & outdoor fireside lounges •Clubhouse with billiards & TVs •Peloton-equipped fitness center •Saltwater lap pool & spa •Bocce Ball Court •Pet-friendly •Shared Community Cruiser Bikes •Close to Downtown Santa Rosa •Easy Access to The 101 •Professionally Managed Onsite •Online Rent Payments •Online Maintenance Requests •Flexible Rent Payments via Flex (707) 207-4649 Only minutes from retail and shopping opportunities such as Whole Foods, Starbucks, Fogbelt Brewery, Sea Noodle Bistro, we’ve got you covered when it comes to convenience. Broker License No. 00516670        Packet Page. 190 APARTMENT amenities Not to mention... •Gourmet Kitchens •Designer Espresso Cabinets •Upscale Plank Flooring •Quartz Countertops •Microwave •Disposal •Dishwasher •Smart Home Locks •1, 2, & 3-bedroom floor plans •Air conditioning & central heat •Energy-efficient stainless steel appliances •Vaulted ceilings & hardwood floors •Abundant parking for residents & guests •Smart locks & thermostats •Personal balcony or patio •In-unit full-load washers & dryers •Large windows with natural light •Internet Access: High-Speed •Cable -eady •Ample Storage •Carport and Reserved Parking Spots* •Attached & Detached Garages* *select units (707) 207-4649 With ample parking for residents and guests alike, including attached and detached garages with select units, your next dinner party will be epic.        Packet Page. 191 Essential Housing Program CORE TENETS •Rental rates that align with the area’s median income instead of leading rates in the market. •Bi-monthly rent payment schedules through our Flex partnership. •Partnerships focused on supporting local business and giving back to the community. Live local without compromise. We believe in a world where you can thrive within the community you choose to call home. That’s why we launched the Essential Housing Program: comprehensive rental housing platform that aligns rental rates with an area’s average median income instead of its leading market rates. Through this program, we’re able to offer middle-income earners rental rates that better align with their lifestyle. THE GOAL is to create more opportunities to live locally, and in turn, create healthier, more vibrant, and more sustainable communities. What makes an Essential Housing community? Rental Rates That Make Sense More disposable income in your pocket means more chances for you to say “yes” to the things that matter most. By using the average median income of surrounding neighborhoods to define our rental rates, we better align cost-of-living with lifestyle. More Local Living Options Rising housing costs are pricing Californians out of living near where they work. The ripple effects of long commutes impact everything from increased carbon emissions to deteriorating health, racial inequality, and homelessness. We strive to offer local living options at a price that helps our residents, and our earth, thrive. Our Partnerships We’re partnering with companies that concentrate on the good stuff, like creating a healthier environment, supporting local and giving back to the community. Innovation & Improvements We’re dedicated to infusing innovation and investment into our community to ensure that our residents take pride in where they live, and our team takes pride in where they work. CATALYSTHOUSING.COM        Packet Page. 192 Policies & FAQ Policies Pets: We welcome two pets per apartment home. Cats, dogs, and caged birds are welcome, while poisonous and exotic animals are excluded. There is no weight restriction, but breed restrictions apply. Fees include a $500 deposit per pet with a monthly pet fee of $50 per pet. Breed Restrictions: Akitas, American Bull Dog, Chowchows, Dobermans, German Shepherds, Great Danes, Malamutes, Pit Bulls, Presa Canario, Rottweilers, St. Bernard, and Staffordshire Terriers, Husky. Any hybrid or mixed breed of one of the aforementioned breeds. We reserve the right to restrict breeds. Pets may be viewed by Management prior to approval. We reserve the right to decline or revoke permission for any pet that causes disturbances or is a safety threat. A current (within 30 days) good health certificate from a veterinarian is required. Smoking: We are a smoke-free community. Renter’s Insurance: We require residents to carry a minimum of $100,000 in Personal Liability Insurance coverage through the provider of your choice, or our preferred provider ResidentInsure. Income Requirements: Applicants must collectively have verifiable income not less than 2 times the rental rate. Section 8: We are an Essential Housing community; our rental rates align with the area’s average median income instead of the leading rates in the market. It allows us to offer rental rates that better align with the actual income levels of our residents, including those that make too much to qualify for low-income and affordable housing programs. Visit our Essential Housing page online or reach out to our leasing team to understand what that means for your rental rate. Utility Policy: All utilities are paid separately from rent. Application Instructions: All applications must be completed online through our community website. Please select Apply on our community homepage to begin, and make note of the non-refundable application fee associated with completing your application. Parking: We offer assigned parking spaces within our parking structure. Some units have attached and detached garages available for an additional fee.T here is also parking for guests. Background Checks: A credit report and criminal background check will be required for each applicant. FAQ Qualifying for the Essential Housing Program: Please refer to the ‘What’s My Rent Chart’ on our website for information on whether you qualify. Furnished & Corporate Units: Currently not offered. Office Hours: Current hours of operation can be viewed online. Schools: Elementary Middle School High School Helen M. Lehman Hilliard Comstock Santa Rosa High Santa Rosa Charter School for the Arts Redwood Consortium CATALYSTHOUSING.COM        Packet Page. 193 2 7 8 7 CONSENT CALENDAR July 2, 2025 Honorable Mayor and City Council Members Bill Gallardo, Interim City Manager; Jeannie Fortune, Interim Director of Finance and Management Services Finance and Management Services It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino, adopt the attached Resolutions updating the City’s and Successor Agency’s bank and investment account signature authority. With the recent organizational changes in the City’s personnel and organizational structure, it is necessary to update the signature authority on all City and Successor Agency bank and investment accounts. The City and Successor Agency must update bank and investment account signature authorizations on file with the various financial institutions that hold City and Successor Agency funds as personnel and organizational changes occur. Most banking institutions require approval from the organizations’ governing body through the adoption of a resolution and/or minutes from the meeting showing adoption and approval. The City and Successor Agency have cash, investments, and other funds required to be held by fiscal agents in the following institutions:        Packet Page. 194 2 7 8 7 1. Wells Fargo Bank, City; 2. Wells Fargo Bank, Successor Agency; 3. U.S. Bank, City; 4. U.S. Bank, Successor Agency; 5. BNY (Bank of New York) Mellon, City; 6. BNY (Bank of New York) Mellon, Successor Agency; 7. Citizens Business Bank, Successor Agency; and 8. Local Agency Investment Fund (LAIF), City - this program offers local agencies to participate in a major portfolio through the State Treasurer’s Office. 10. Computershare Trust Company, City Resolutions (#s 1 through 8 and 10) have been prepared for the various banking and investment accounts to implement the changes in signature authority. Following approval by the Mayor and City Council of the City of San Bernardino, California, and approval by the Mayor and City Council acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino, staff will forward all appropriate resolutions to each affected banking institution. 9. Authorized Brokers or Dealers for the City and Successor Agency In addition, as stated in the City’s current Investment Policy, the Director of Finance is charged with responsibility of carrying out all investment actions, which may include day-to-day investment activities or the utilization of external investment advisor services to assist with the investment program. As such, in April-2021 the City authorized the services of the following broker/dealers to aid in day-to-day investment activities. Resolution (#9) has been prepared to authorize City designated personnel to carry out investment activities through the use of the following broker/dealers: i. Cantor Fitzgerald; ii. Higgins Capital Management; iii. Raymond James; and iv. Stifel. 2021-2025 Strategic Targets and Goals Approval of the aforementioned resolutions align with Key Goal No. 1: Improved Operational and Financial Capacity by ensuring that the financial and administrative requirements to continue day-to-day operations in the Finance and management Services Department are completed and kept up to date. Fiscal Impact There is no fiscal impact associated with adopting the attached Resolutions.        Packet Page. 195 2 7 8 7 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino, adopt the attached Resolutions updating the City’s and Successor Agency’s bank and investment account signature authority. Attachments Attachment 1 – Resolution No. 2025-311 Wells Fargo Bank, City Attachment 2 – Resolution No. 2025-312 Wells Fargo Bank, Successor Agency Attachment 3 – Resolution No. 2025-313 U.S. Bank, City Attachment 4 – Resolution No. 2025-314 U.S. Bank, Successor Agency Attachment 5 – Resolution No. 2025-315 BNY (Bank of New York) Mellon, City Attachment 6 – Resolution No. 2025-316 BNY (Bank of New York) Mellon, Successor Agency Attachment 7 – Resolution No. 2025-317 Citizens Business Bank, Successor Agency Attachment 8 – Resolution No. 2025-318 Local Agency Investment Fund (LAIF), City Attachment 9 – Resolution No. 2025-319 Authorized Brokers or Dealers for the City and Successor Agency Attachment 10 – Resolution No. 2025-320 Computershare Trust Company, City Ward: All Wards Synopsis of Previous Council Actions: 02-19-2025 City Council approved Bank signatories of existing personnel at the time. 01-15-2025 City Council approved Bank signatories for Computershare Debt Trustee Services. 06-05-2024 City Council approved Bank signatories of existing personnel at the time. 05-01-2024 City Council approved Bank signatories of existing personnel at the time. 11-01-2023 City Council approved Bank signatories of existing personnel at the time.        Packet Page. 196 Resolution No. 2025-311 Resolution 2025-311 7 1 9 9 RESOLUTION NO. 2025-311 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR WELLS FARGO BANK ACCOUNTS WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and WHEREAS, Wells Fargo Bank is a federally chartered bank under the laws of the United States; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with Wells Fargo Bank due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on Wells Fargo Bank accounts; and WHEREAS, Wells Fargo Bank requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with Wells Fargo Bank are hereby revoked. SECTION 3. The authorized account signers on Wells Fargo Bank accounts are as follows: Position Individual Name City Manager Deputy City Manager Eric Levitt Tanya Romo Interim Director of Finance and Management Services Cynthia Jeannie Abano Fortune Director of Human Resources Andrea Russell SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency. SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this        Packet Page. 197 Resolution No. 2025-311 Resolution 2025-311 7 1 9 9 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 7. 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 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 198 Resolution No. 2025-311 Resolution 2025-311 7 1 9 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-311, adopted at a regular meeting held on the 2nd day of July 2025 by the following vote: Council Members:AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025. Telicia Lopez, CMC, Acting City Clerk        Packet Page. 199 Resolution No. 2025-312 Resolution 2025-312 7 2 0 0 RESOLUTION NO. 2025-312 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR WELLS FARGO BANK ACCOUNTS FOR THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and WHEREAS, Wells Fargo Bank is a federally chartered bank under the laws of the United States; and WHEREAS, the Successor Agency needs to update its signatories periodically with Wells Fargo Bank due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on Wells Fargo Bank accounts; and WHEREAS, Wells Fargo Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with the Wells Fargo Bank are hereby revoked. SECTION 3. The authorized account signers on Wells Fargo Bank - Successor Agency’s accounts are as follows: Position Individual Name City Manager Deputy City Manager Eric Levitt Tanya Romo Interim Director of Finance and Management Services Cynthia Jeannie Abano Fortune Director of Human Resources Andrea Russell        Packet Page. 200 Resolution No. 2025-312 Resolution 2025-312 7 2 0 0 SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency. SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino 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 7. 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 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 201 Resolution No. 2025-312 Resolution 2025-312 7 2 0 0 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-312, adopted at a regular meeting held on the 2nd day of July, 2025 by the following vote: Council Members:AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025. Telicia Lopez, CMC, Acting City Clerk        Packet Page. 202 Resolution No. 2025-313 Resolution 2025- 2025-313 7 2 0 1 RESOLUTION NO. 2025-313 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR U.S. BANK ACCOUNTS WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and WHEREAS, U.S. Bank is a federally chartered bank under the laws of the United States; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with U. S. Bank due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on U.S. Bank accounts; and WHEREAS, U.S. Bank requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with U.S. Bank are hereby revoked. SECTION 3. The authorized account signers on U.S. Bank accounts are as follows: Position Individual Name City Manager Deputy City Manager Eric Levitt Tanya Romo Interim Director of Finance and Management Services Cynthia Jeannie Abano Fortune Director of Human Resources Andrea Russell SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency. SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is        Packet Page. 203 Resolution No. 2025-313 Resolution 2025- 2025-313 7 2 0 1 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 7. 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 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 204 Resolution No. 2025-313 Resolution 2025- 2025-313 7 2 0 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-313, adopted at a regular meeting held on the 2nd day of January, 2025 by the following vote: Council Members:AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025. Telicia Lopez, CMC, Acting City Clerk        Packet Page. 205 Resolution No. 2025-314 Resolution 2025-314 7 2 0 2 RESOLUTION NO. 2025-314 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR U.S. BANK ACCOUNTS FOR THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and WHEREAS, U.S. Bank is a federally chartered banks under the laws of the United States; and WHEREAS, the Successor Agency needs to update its signatories periodically with U. S. Bank due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on U.S. Bank accounts; and WHEREAS, U.S. Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with U.S. Bank are hereby revoked. SECTION 3. The authorized account signers on U.S. Bank - Successor Agency’s accounts are as follows: Position Individual Name City Manager Deputy City Manager Eric Levitt Tanya Romo Interim Director of Finance and Management Services Cynthia Jeannie Abano Fortune Director of Human Resources Andrea Russell        Packet Page. 206 Resolution No. 2025-314 Resolution 2025-314 7 2 0 2 SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency. SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino 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 7. 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 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 207 Resolution No. 2025-314 Resolution 2025-314 7 2 0 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-314, adopted at a regular meeting held on the 2nd day of July, 2025 by the following vote: Council Members:AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of 2025. Telicia Lopez, CMC, Acting City Clerk        Packet Page. 208 Resolution No. 2025-315 Resolution 2025-315 7 2 0 3 RESOLUTION NO. 2025-315 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR BANK OF NEW YORK (BNY) MELLON BANK ACCOUNTS WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and WHEREAS, BNY Mellon Bank is a federally chartered bank under the laws of the United States; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with BNY Mellon Bank due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on BNY Mellon Bank accounts; and WHEREAS, BNY Mellon Bank requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with BNY Mellon Bank are hereby revoked. SECTION 3. The authorized account signers on BNY Mellon Bank accounts are as follows: Position Individual Name City Manager Deputy City Manager Eric Levitt Tanya Romo Interim Director of Finance and Management Services Cynthia Jeannie Abano Fortune Director of Human Resources Andrea Russell SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency. SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this        Packet Page. 209 Resolution No. 2025-315 Resolution 2025-315 7 2 0 3 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 7. 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 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 210 Resolution No. 2025-315 Resolution 2025-315 7 2 0 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-315, adopted at a regular meeting held on the 2nd day of July, 2025 by the following vote: Council Members:AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025. Telicia Lopez, CMC, Acting City Clerk        Packet Page. 211 Resolution No. 2025-316 Resolution 2025-316 7 2 0 4 RESOLUTION NO. 2025-316 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR BANK OF NEW YORK (BNY) MELLON BANK ACCOUNTS FOR THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and WHEREAS, BNY Mellon is a federally chartered bank under the laws of the United States; and WHEREAS, the Successor Agency needs to update its signatories periodically with BNY Mellon due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on BNY Mellon’s bank accounts; and WHEREAS, BNY Mellon requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with BNY Mellon Bank are hereby revoked. SECTION 3. The authorized account signers on BNY Mellon - Successor Agency’s accounts are as follows: Position Individual Name City Manager Deputy City Manager Eric Levitt Tanya Romo Interim Director of Finance and Management Services Cynthia Jeannie Abano Fortune Director of Human Resources Andrea Russell        Packet Page. 212 Resolution No. 2025-316 Resolution 2025-316 7 2 0 4 SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency. SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino 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 7. 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 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 213 Resolution No. 2025-316 Resolution 2025-316 7 2 0 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-316, adopted at a regular meeting held on the 2nd day of July, 2025 by the following vote: Council Members:AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025. Telicia Lopez, CMC, Acting City Clerk        Packet Page. 214 Resolution No. 2025-317 Resolution 2025-317 7 2 0 5 RESOLUTION NO. 2025-317 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR CITIZENS BUSINESS BANK ACCOUNTS FOR THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and WHEREAS, Citizens Business Bank is a federally chartered bank under the laws of the United States; and WHEREAS, the Successor Agency needs to update its signatories periodically with Citizens Business Bank due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on Citizens Business Bank accounts; and WHEREAS, Citizens Business Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with Citizens Business Bank are hereby revoked. SECTION 3. The authorized account signers on Citizens Business Bank - Successor Agency’s accounts are as follows: Position Individual Name City Manager Deputy City Manager Eric Levitt Tanya Romo Interim Director of Finance and Management Services Cynthia Jeannie Abano Fortune        Packet Page. 215 Resolution No. 2025-317 Resolution 2025-317 7 2 0 5 Director of Human Resources Andrea Russell SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency. SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino 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 7. 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 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 216 Resolution No. 2025-317 Resolution 2025-317 7 2 0 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-317, adopted at a regular meeting held on the 2nd day of July, 2025 by the following vote: Council Members:AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025. Telicia Lopez, CMC, Acting City Clerk        Packet Page. 217 Resolution No. 2025-318 Resolution 2025-318 7 2 0 6 RESOLUTION NO. 2025-318 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR THE LOCAL AGENCY INVESTMENT FUND (LAIF) BANK ACCOUNTS WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and WHEREAS, the Local Agency investment Funds (LAIF) was established by Chapter 730, Statutes of 1976. This fund enables local government agencies or trustees to remit surplus funds, not needed for immediate expenditures, to the State Treasurer for the purpose of investment on behalf of the City. The State Treasurer will invest such funds as part of a pooled money investment account I order to derive the maximum rate of return possible; and WHEREAS, the Local Agency investment Funds (LAIF) is an authorized investment under the City’s investment policy and under Government Code Section 53600; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with LAIF due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on LAIF accounts; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with LAIF on behalf of the City; and WHEREAS, deposits may only come from, and withdrawals may only be made by designated authorized signers on the account. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with the Local Investment Agency Fund are hereby revoked. SECTION 3. The authorized account signers on LAIF accounts are as follows: Position Individual Name City Manager Deputy City Manager Eric Levitt Tanya Romo Interim Director of Finance and Management Services Cynthia Jeannie Abano Fortune        Packet Page. 218 Resolution No. 2025-318 Resolution 2025-318 7 2 0 6 Director of Human Resources Andrea Russell SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Interest payments, withdrawals, and matured investments may only be transferred to an account of the City or paid by written demand to the City. SECTION 6. That the Mayor and City Council of the City of San Bernardino 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 7. 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 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 219 Resolution No. 2025-318 Resolution 2025-318 7 2 0 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-318, adopted at a regular meeting held on the 2nd day of July, 2025 by the following vote: Council Members:AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025. Telicia Lopez, CMC, Acting City Clerk        Packet Page. 220 Resolution No. 2025-319 Resolution 2025-319 7 2 0 7 RESOLUTION NO. 2025-319 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR THE BROKER/DEALER ACCOUNTS WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and WHEREAS, the following firms are approved broker/dealers registered with the U.S. Securities and Exchange Commission: (a) Cantor Fitzgerald; (b) Higgins Capital Management; (c) Raymond James Financial Services, Inc.; (d) Stifel; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with the brokers/dealers above due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on the above broker/dealer accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with the following broker/dealers (a) Cantor Fitzgerald; (b) Higgins Capital Management; (c) Raymond James Financial Services, Inc.; (d) Stifel are hereby revoked. SECTION 3. The authorized account signers are as follows: Position Individual Name City Manager Deputy City Manager Eric Levitt Tanya Romo Interim Director of Finance and Management Services Cynthia Jeannie Abano Fortune Director of Human Resources Andrea Russell SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Interest payments, withdrawals, and matured investments may only be transferred to an account of the City or paid by written demand to the City. SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this        Packet Page. 221 Resolution No. 2025-319 Resolution 2025-319 7 2 0 7 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 7. 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 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July, 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 222 Resolution No. 2025-319 Resolution 2025-319 7 2 0 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-319, adopted at a regular meeting held on the 2nd day of July, 2025 by the following vote: Council Members:AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025. Telicia Lopez, CMC, Acting City Clerk        Packet Page. 223 Resolution No. 2025-320 Resolution 2025-320 7 2 0 8 RESOLUTION NO. 2025-320 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR COMPUTERSHARE TRUST COMPANY DEBT TRUSTEE SERVICES WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and WHEREAS, Wells Fargo Bank entered into a definitive agreement with Computershare Trust Company, National Association (“Computershare Trust Company”), Computershare Delaware Trust Company, National Association and Computershare Limited (collectively, “Computershare”) to sell substantially all of its Corporate Trust Services (“CTS”) business. The sale to Computershare, and virtually all CTS employees of Wells Fargo Bank, along with most existing CTS systems, technology, and offices transferred to Computershare as part of the sale; and WHEREAS, The City pays its debt service obligation bonds for: Pension Obligation bond 2020 Series, and San Bernardino Development Authority HUD Section 108 Loan through Computershare; and WHEREAS, the City of San Bernardino has added Computershare Trust Company to the list of institutions that require authorized signatures and will need to update its signatories periodically with Computershare due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers for Computershare debt trustee services; and WHEREAS, Computershare Trust Company requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with Computershare Trust Company are hereby revoked. SECTION 3. The authorized account signers on Computershare Trust Company debt trustee services are as follows: Position Individual Name City Manager Deputy City Manager Eric Levitt Tanya Romo Interim Director of Finance and Management Cynthia Jeannie Abano Fortune        Packet Page. 224 Resolution No. 2025-320 Resolution 2025-320 7 2 0 8 Services Director of Human Resources Andrea Russell SECTION 4. Interest payments, withdrawals, and matured investments may only be transferred to an account of the City or paid by written demand to the City SECTION 5. That the Mayor and City Council of the City of San Bernardino 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 Acting City Clerk this 2nd day of July, 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 225 Resolution No. 2025-320 Resolution 2025-320 7 2 0 8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-320, adopted at a regular meeting held on the 2nd day of July, 2025 by the following vote: Council Members:AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025. Telicia Lopez, CMC, Acting City Clerk        Packet Page. 226 2 2 3 8 CONSENT CALENDAR July 2, 2025 Honorable Mayor and City Council Members Bill Gallardo, Interim City Manager; Lynn Merrill, Director of Public Works Public Works It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Vendor Services Agreement with DM & G Construction and Engineering Services Inc. for the installation of guardrails; and 2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $193,560 for FY 25/26; and 3. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $100,000 for FY 26/27 and $100,000 for FY 27/28. The proposed agreement with DM & G Construction and Engineering Services will allow the City to install and maintain guardrails that protect motorists, pedestrians, and infrastructure. Guardrails serve as critical roadside safety features, particularly in areas such as curves, slopes, and near fixed objects. This agreement will be funded by Gas Tax and Traffic Safety funds. It supports the City’s roadway safety goals by proactively addressing locations where barriers are necessary to reduce crash severity. The Public Works Department, through its Traffic Engineering section, is responsible for evaluating and addressing roadway safety needs throughout the        Packet Page. 227 2 2 3 8 City. Based on traffic analysis, collision data, and field inspections, certain roadway segments have been identified as needing guardrail installations to protect both the traveling public and roadside infrastructure. Guardrails are designed to prevent vehicles from leaving the roadway and to shield hazards such as embankments, utility poles, culverts, roadside land uses or fixed objects. The scope of this agreement includes: New guardrail installation at identified locations, and minor associated improvements, including terminal end treatments and posts. This proactive infrastructure enhancement effort is based on a combination of engineering analysis and community safety priorities. Public Works staff uses the following criteria to assess and prioritize guardrail installation: Field inspections conducted by engineering staff Roadway risk assessments Citizen and stakeholder feedback received through CRM Evaluation of roadway geometry and proximity to hazards Discussion The Vendor Service Agreement with DM & G Construction and Engineering Services Inc. outlines the installation of guardrails throughout the City. The agreement is in the amount of $193,560 for the next fiscal year of 2025/2026. The term of the proposed agreement shall be from July 1, 2025 to June 30, 2028. The scope of work includes materials, equipment, and traffic control necessary to install a complete metal beam guardrail system in accordance with Caltrans Standard Plan A77 (latest edition). The project is expected to be completed within this fiscal year timeframe, with work anticipated to begin immediately upon contract execution. This agreement ensures timely delivery of critical safety improvements as identified by the Public Works Department. On February 27, 2025, the Traffic Engineering section of Public Works, with the Purchasing Department, initiated a formal process to solicit proposals for the guardrail installation. Request for Qualifications RFA No. F-25-4034 with a due date of March 27, 2025. The solicitation resulted in three proposals that were evaluated based on responsiveness and cost. DM & G Construction and Engineering Services submitted a competitive proposal and demonstrated qualification in performing guardrail work for public agencies. This selection was based on the lowest quote received as shown below: Vendor City Cost        Packet Page. 228 2 2 3 8 DM&G Construction and Engineering Services Chino , CA $64,825 Ferreria Construction Co Rancho Cucamonga, CA $249,000 Global Builders Inc Laguna , CA $170,000 Staff recommends awarding the agreement to DM & G based on their experience, proposed pricing, and recent performance on similar contracts. The award is based on the unit cost of $129.65 per linear foot, which is the most competitive of the three vendors and represents the best pricing the City has received. The term of the proposed agreement shall be from July 1, 2025, to June 30, 2028. 2021-2025 Strategic Targets and Goals This project is consistent with Key Strategic Target and Goal No. 3c: Improved Quality of Life - Evaluate and enhance the quality of public safety services. Guardrail installation is an effective way of preventing vehicles from running off the roadway. Fiscal Impact There is no General Fund impact associated with this item. Sufficient funds exist in the FY 2025/26 adopted budget. Funding for future years will be accounted for in the future budget cycles, as this will be a contractual obligation. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Vendor Services Agreement with DM & G Construction and Engineering Services Inc. for the installations of guardrails; and 2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $193,560 for FY 25/26; and 3. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $100,000 for FY 26/27 and $100,000 for FY 27/28. Attachments Attachment 1 Vendor Services Agreement with DM & G Construction and Engineering Services Ward: All Wards Synopsis of Previous Council Actions: None        Packet Page. 229 2 2 3 8        Packet Page. 230 1 ON-CALL VENDOR SERVICES AGREEMENT This Agreement is made and entered into as of July 2, 2025 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and DM & G construction Engineering Services, a corporation in California with its principal place of business at 13760 Mountain Ave, Chino, CA 91710 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” A. City is a public agency of the State of California and is in need of vendor services for the following project: hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. 3. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation.        Packet Page. 231 2 a. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 4(b) below. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder not to exceed the sum of $193,560 FY 25/26, $100,000 FY 26/27, $100,000 27/28. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered and no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council. 6. Term. The term of this Agreement shall commence on the Effective Date and continue through June 30, 2028, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be        Packet Page. 232 3 maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.        Packet Page. 233 4 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.        Packet Page. 234 5 a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.        Packet Page. 235 6 c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.        Packet Page. 236 7 f. Privacy/Network Security (Cyber) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. g. Aviation and/or Drone Liability (Removed h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All        Packet Page. 237 8 evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:        Packet Page. 238 9 (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of        Packet Page. 239 10 the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.        Packet Page. 240 11 to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.        Packet Page. 241 12 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Greg Smith and Hector Mendoza as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Lynn Merrill Director of Public Works With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: DM & G Construction and Engineering Services Inc. Attn: Nicholas Lizarraga, 13760 Mountain Ave, Chino , CA 91710 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination        Packet Page. 242 13 shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.        Packet Page. 243 14 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents: 1. Amendment(s) 2. This Agreement 3. Task Orders 44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]        Packet Page. 244 15 SIGNATURE PAGE FOR ON-CALL VENDOR SERVICES AGREEMENT IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. APPROVED BY: Bill Gallardo Interim City Manager ATTESTED BY: Telicia Lopez, CMC Acting City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney DM& G Construction and Engineering Services Inc. APPROVED BY:        Packet Page. 245 16 EXHIBIT A        Packet Page. 246 17 EXHIBIT B Sample Task Order Form TASK ORDER Task Order No. _______ Agreement: [INSERT TITLE OF AGREEMENT] Consultant: [INSERT NAME OF CONSULTANT] (Please provide if any.) Not to exceed $_____,_____.00 _____________ The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. Dated: Dated: By: By:        Packet Page. 247 2 4 7 0 CONSENT CALENDAR July 2, 2025 Honorable Mayor and City Council Members Bill Gallardo, Interim City Manager; Lynn Merrill, Director of Public Works Public Works It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution 2025-321 authorizing the City Manager to execute the Cooperative Agreement with the City of Colton for traffic signal design and construction for Hunts Lane and Harwick Drive. The Public Works Department has identified the intersection of Hunts Lane and Harwick Drive as a critical location for the installation of new traffic signals to improve roadway safety, enhance traffic circulation, and support growing vehicle and pedestrian activity. Increased traffic volumes resulting from recent development have led to significant congestion and delays, particularly during peak travel times. This project is a collaborative effort with the City of Colton, with both cities agreeing to share the costs equally, with an estimated total project cost of $770,000. The City of San Bernardino will manage and lead the project, with the City of Colton reimbursing San Bernardino approximately $385,000 for its 50% share upon completion. The proposed traffic signal at the intersection of Hunt Lane and Harwick Drive is a critical safety and traffic management improvement. The intersection, which serves as a key access point for both the residential community and Colony Park attendees, has experienced increased traffic volumes due to recent developments in the surrounding region. To address congestion and enhance safety, a cooperative agreement will be        Packet Page. 248 2 4 7 0 formed between the City of San Bernardino and the City of Colton to jointly fund, design, and construct the traffic signal. Cost Sharing: The agreement outlines the financial responsibilities of each party involved in the project. Design and Engineering: Under the agreement, a traffic signal design is developed according to city standards and state regulations, ensuring it meets safety and operational requirements. Construction Timeline: The construction schedule is established, prioritizing minimal disruption to local traffic and businesses. Coordination with adjacent construction projects is also a factor to ensure smooth execution. Maintenance: Once the traffic signal is completed, the agreement may define long-term responsibilities for signal maintenance, typically falling under the jurisdiction of the City's Public Works Department. This signal installation is intended to address both existing and anticipated traffic demands, improve vehicular and pedestrian safety, and ensure smooth access to nearby businesses and parks. The signal at Hunts Lane and Hardwick aligns with broader infrastructure goals, such as reducing congestion and supporting economic growth in the area. On June 4, 2025, the Mayor and City Council adopted Resolution No. 2025-298, which approved the City of San Bernardino’s Fiscal Year 2025/26 Operating Budget and the Capital Improvement Plan for Fiscal Years 2025/26 through 2029/30. This action established the financial framework and funding priorities for the City’s operations and infrastructure projects for the upcoming fiscal year and beyond. Discussion The City of San Bernardino recently received a request from the City Council, City of Colton staff through their City Council office and City of San Bernardino residents to conduct a traffic study at the intersection of Hunts Lane and Harwick Drive. This request comes in response to concerns raised by residents and frequent Colony Park visitors about traffic congestion and potential safety issues in the area. The study assessed current traffic patterns, and pedestrian activity to identify the needed improvements. In evaluating the need for a new traffic signal at an intersection, the City uses the California Manual on Uniform Traffic Control Devices (CA MUTCD) signal warrants as the standard guideline. CAMUTCD provides specific traffic signal warrants, which are criteria used to determine if a traffic signal is justified based on factors such as traffic volume, pedestrian activity, and accident history. These warrants cover multiple scenarios, including minimum vehicle volumes, pedestrian volume, school crossing requirements, and coordinated signal systems. By applying CAMUTCD signal warrants, the City ensures that any proposed traffic signal installation meets standardized safety and operational needs, balancing traffic flow with the necessity to enhance safety for all roadway users.        Packet Page. 249 2 4 7 0 Through comprehensive analysis of the signal warrants, it was determined that the location satisfies Four Hour Vehicular Volume warrant No.2 Figure 4C-101(CA) (Attachment 3), including considerations of vehicular and pedestrian traffic volume, as well as safety and operational efficiency criteria. This ensures that the installation will enhance traffic flow, reduce potential collision points, and provide safer access to adjacent properties. The total project cost of $770,000 is based on preliminary estimates prepared by the City Engineer. These estimates were developed using historical data from similar traffic signal projects previously completed by the City and adjusted to account for current market conditions. Additional funding was included as a contingency to address potential cost fluctuations, unforeseen conditions, and project management needs. The cities of San Bernardino and Colton are collaborating on the installation of a new traffic signal at the intersection of Hunts Lane and Harwick Drive, with all project costs to be shared equally on a 50/50 basis. The City of San Bernardino will act as the lead agency and manage the project, with the City of Colton reimbursing San Bernardino approximately $385,000 for its share upon project completion. The estimated design cost is $40,000, with each city contributing $20,000. Construction is estimated at $600,000, with each city responsible for $300,000. An additional $100,000 is allocated for contingencies, and $30,000 is budgeted for construction management and staff time—each city contributing $50,000 and $15,000, respectively. This cost-sharing structure reflects a balanced financial partnership and supports efficient resource use to improve traffic operations and public safety at this shared regional intersection. Although the City of San Bernardino will serve as the lead agency for this project, the City is still required to follow a formal competitive procurement process. While the cooperative agreement itself is exempt from formal bidding under San Bernardino Municipal Code (SBMC) § 3.04.010(D)(1) — which allows for intergovernmental agreements approved by the City Council — the construction phase of the project will still be subject to competitive procurement. Accordingly, the City will conduct a formal bidding process for construction in compliance with City purchasing policies and all applicable public contracting laws to ensure transparency, fairness, and fiscal responsibility. Environmental Impact The Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or Cost Category Total Estimated Cost Contribution Per City Design $40,000.00 $20,000.00 Construction $600,000.00 $300,000.00 Contingency $100,000.00 $50,000.00 Construction Management & Staff Time $30,000.00 $15,000.00 Total $770,000.00 $385,000.00        Packet Page. 250 2 4 7 0 Reconstruction (“Class 2”). The Class 2 exemptions allow for the replacement or reconstruction of existing structures or facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the Project involves minor improvements and replacement of existing traffic signs with traffic signals located on the same site. The City has also considered whether the proposed Project is subject to any exception to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2. No exception applies for the following reasons: a) The location exception only applies to Class 3, 4, 5, 6, and 11 exemptions, none of which are being utilized here. b) The proposed Project would not result in any significant cumulative impacts on the environment. The cumulative impacts exception does not apply because the Project has no incrementally significant impacts on the environment. c) A categorical exemption may be subject to an exception where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The proposed Project does not involve any unusual circumstances and has no potential to result in a significant impact on the environment. d) Under the “scenic highways” exception, a categorical exemption may be subject to an exception where the project may result in damage to scenic resources within a highway officially designated as a state scenic highway. The exception does not apply here as the Project would not damage any scenic resources within a state scenic highway. e) The Project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. f) The Project site does not contain a historical resource. 2021-2025 Strategic Targets and Goals This project is consistent with Goal No. 1(e): Improved Operational & Financial Capacity by minimizing risk and litigation exposure. This project will enhance safety for all users of the roadway. Fiscal Impact        Packet Page. 251 2 4 7 0 There is no General Fund impact associated with this action. The total estimated project cost is $770,000, with the City of San Bernardino responsible for 50% ($385,000). Funding of $40,000 is included in the FY 2025/26 Adopted CIP Budget within the Traffic Safety Fund for design costs. The remaining $730,000 for construction will be included in the proposed FY 2026/27 budget, subject to City Council appropriation. As the lead agency, the City will manage the competitive procurement and contract award for construction. The City of Colton will reimburse San Bernardino for 50% of the total actual project cost upon completion or per mutually agreed billing milestones. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution 2025-321 authorizing the City Manager to execute Cooperative Agreement with the City of Colton for traffic signal design and construction for Hunts Lane and Harwick Drive. Attachments Attachment 1 Resolution No. 2025-321 Attachment 2 Cooperative Agreement between City of San Bernardino & City of Colton Attachment 3 Traffic Signal Warrant Worksheet Ward: Ward 3 Synopsis of Previous Council Actions: June 4, 2025 Mayor and City Council adopted Resolution No. 2025-298 approving the City of San Bernardino’s Fiscal Year 2025/26 Operating Budget and 2025/26-2029-30 Capital Improvement Plan        Packet Page. 252 Resolution No. 2025-321 Resolution 2025-321 RESOLUTION NO. 2025-321 THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE COOPERATIVE AGREEMENT WITH THE CITY OF COLTON FOR TRAFFIC SIGNAL DESIGN AND CONSTRUCTION FOR HUNTS LANE AND HARWICK DRIVE. the City of Colton and the City of San Bernardino share jurisdiction of the intersection of Hunts lane and Harwick Drive; and conducting cooperative projects on streets and intersections of shared jurisdiction is more efficient and cost effective as compared to separate projects issued by each jurisdiction; and Hunts Lane and Harwick Drive intersection identified in need of a new traffic signal by conducting a traffic signal warrant analysis based on the State of California Manual on Uniform Traffic Control Devices (CAMUTCD) guidelines; and the City of San Bernardino and the City of Colton desire to install new traffic signals at this intersection; and the City of San Bernardino and the City of Colton desire to evenly split the costs of such traffic signals. The Mayor and City Council hereby authorize the City Manager, or his designee, as the signatory authority to execute all agreements and certifications in support of the EECBG project. The Director of Finance and Management Services is hereby authorized to amend the FY 2025/26 Capital Improvement Program to add the traffic design and construction in a total project total amount of $770,000 and appropriate the $40,000 from the Traffic Safety Fund for 2026/27 for design of the traffic signal and appropriate $600,000 from the Traffic Safety Fund for construction and appropriate $100,000 from the Traffic Safety Fund for contingencies and appropriate $30,000 for construction management and Staff time from the Traffic Safety Fund. CEQA. The Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or Reconstruction (“Class 2’). The Class 2 exemptions allow for the replacement or reconstruction of existing structures or facilities where the new structure will be located on the same purpose and capacity as the structure replaced. Here, the Project involves minor        Packet Page. 253 Resolution No. 2025-321 Resolution 2025-321 7 1 6 6 improvements and replacement of existing traffic signs with traffic signals located on the same site. 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.        Packet Page. 254 Resolution No. 2025-321 Resolution 2025-321 7 1 6 6 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 2nd day of July 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 255 Resolution No. 2025-321 Resolution 2025-321 7 1 6 6 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-321, adopted at a regular meeting held on the 2nd day of July 2025 by the following vote: SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ ____ _ _______ ______ _______ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025. Telicia Lopez, CMC, Acting City Clerk        Packet Page. 256 COOPERATIVE AGREEMENT Page 1 of 10 COOPERATIVE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND CITY OF COLTON FOR THE DESIGN AND CONSTRUCTION OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF HUNTS LANE AND HARWICK DRIVE This AGREEMENT is entered into this _______ day of ___________, 2025, in the State of California, by and between the City of San Bernardino, hereinafter called SAN BERNARDINO, and the City of Colton, hereinafter called “COLTON” . IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, SAN BERNARDINO and COLTON’s are also each referred to herein as “Party” and collectively referred to herein as “Parties”) desire to cooperate and jointly participate in a design and construction of the traffic signal at the intersection of Hunts Lane and Harwick Drive project on (hereinafter referred to as “PROJECT”); and WHEREAS, the PROJECT is located at the boundary of the incorporated area of SAN BERNARDINO and the incorporated area of COLTON; and WHEREAS, California Streets and Highways Code section 1807 authorizes two adjacent cities, if authorized by their governing bodies, to enter into a mutual agreement for the improvement and maintenance of the street which constitutes the boundary line between the two adjacent cities, and authorizes, pursuant to such agreement, the cities to expend funds available for the improvement and maintenance of that boundary street; and WHEREAS, the legislative bodies of SAN BERNARDINO and COLTON, determine that the PROJECT is necessary for the more efficient design and construction, of the Hunts Lane and Harwick Dr; and WHEREAS, it is anticipated that SAN BERNARDINO’s share of PROJECT costs will be funded from SAN BERNARDINO’s local funds and COLTON’s share of PROJECT costs will be funded from COLTON’s local funds; and WHEREAS, the total PROJECT cost is estimated to be $770,000; and WHEREAS, SAN BERNARDINO’s share of PROJECT cost is estimated at $385,000 and COLTON’s share of PROJECT cost is estimated to be $385,000 as more particularly set forth in Exhibit “A”, which is attached hereto and incorporated herein by this reference; and WHEREAS, the above-described costs are proportioned based on the work to be performed in each PARTY’s jurisdiction; and WHEREAS, SAN BERNARDINO and COLTON desire to set forth the responsibilities and obligations of each as they pertain to such participation, and to the design, construction, and funding of the PROJECT.        Packet Page. 257 COOPERATIVE AGREEMENT NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: SECTION I SAN BERNARDINO AGREES TO: 1. Act as the Lead Agency in the design, construction, construction engineering, inspection, and California Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et seq.) of the PROJECT. Design work shall include components of the traffic signal and apparatus, signing and stripping plans and Southern California Edison service connection plans for Hunts Lane and Harwick Dr. 2. Provide design plans and recommendations, plans, specifications, estimates, and bid documents for the PROJECT to COLTON, for COLTON’s review and approval. 3. Construct the PROJECT by contract in accordance with the plans and specifications of SAN BERNARDINO, which have been reviewed and approved by SAN BERNARDINO, to the satisfaction of and subject to concurrence of COLTON. 4. Arrange for relocation of all utilities which interfere with construction of the PROJECT within the entire PROJECT limits, subject to paragraph 3.9 below. 5. Obtain a no-cost permit from COLTON for work performed within COLTON’S right-of-way. 6. Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of the California Public Contract Code applicable to cities and require contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages. San Bernardino shall indemnify, defend (with counsel reasonably approved by COLTON, and hold harmless COLTON and its officers, employees, volunteers, and agents from any and all claims, actions, losses, damages, and/or liability arising out of SAN BERNARDINO’s obligations set forth in this paragraph. 7. SAN BERNARDINO shall require all contractors and vendors working on the PROJECT to have appropriate and adequate insurance coverage for the mutual protection and benefit of the Parties. Except for Workers’ Compensation, Errors and Omissions and Professional Liability policies, SAN BERNARDINO shall require and ensure that all SAN BERNARDINO contractors/subcontractors for the PROJECT shall have insurance policies that contain endorsements naming COLTON and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for COLTON to vicarious liability but shall allow coverage for COLTON to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85. 8. Provide adequate inspection of all items of work performed under the construction contract(s) with SAN BERNARDINO’s contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by COLTON. SAN BERNARDINO shall provide copies of any records of inspection and materials testing to COLTON within ten (10) days of SAN BERNARDINO’s receipt of written demand from COLTON for such records. This shall be included as a PROJECT cost.        Packet Page. 258 COOPERATIVE AGREEMENT 9. Periodically submit to COLTON invoices for COLTON’s proportionate share of PROJECT costs. Invoices shall include itemized accounting of actual Project costs incurred by SAN BERNARDINO and a detailed statement of COLTON’S proportionate share of those costs. SECTION II COLTON AGREES TO: SECTION III        Packet Page. 259 COOPERATIVE AGREEMENT IT IS MUTUALLY AGREED: 1. After SAN BERNARDINO’s and COLTON’s acceptance of completed PROJECT, COLTON shall be responsible for performing any and all work (including, but not limited to, maintenance) for the PROJECT limits that are in COLTON’s incorporated area and SAN BERNARDINO shall be responsible for performing any and all work (including, but not limited to, maintenance) for the PROJECT limits that are in SAN BERNARDINO’s incorporated area. 2. Neither COLTON nor any officer or employee of COLTON shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SAN BERNARDINO under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of SAN BERNARDINO under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, SAN BERNARDINO shall fully indemnify, defend and hold COLTON harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of SAN BERNARDINO under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of SAN BERNARDINO under this Agreement. 3. Neither SAN BERNARDINO nor any officer or employee of SAN BERNARDINO shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of COLTON under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of COLTON under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, COLTON shall fully indemnify, defend and hold SAN BERNARDINO harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of COLTON under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of COLTON under this Agreement. 4. COLTON and SAN BERNARDINO are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability and Worker’s Compensation, and warrant that through their respective programs of self-insurance they have adequate coverage or resources to protect against liabilities arising out of COLTON and SAN BERNARDINO’s performance of the terms, conditions or obligations of this Agreement. 5. The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, increased engineering costs, change orders, or arising from unforeseen site conditions, including utility relocation (but not from requested additional work by COLTON or SAN BERNARDINO, which is addressed in paragraph 8 below) over the estimated total of the PROJECT’s cost of $770,000 (which is the sum of $385,000 from COLTON and $385,000 from SAN BERNARDINO) shall be borne by each PARTY based upon where the work is required (i.e. whether the work is required in COLTON’s or SAN BERNARDINO’s jurisdiction) up to the amounts set forth in Section I paragraph 11 and Section II paragraph 4, respectively. 6. If either COLTON or SAN BERNARDINO requests additional work that is beyond the scope of the original PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by both Parties pursuant to paragraph 17 will be paid solely by the agency requesting the work. 7. In the case wherein one of the Parties owns a utility that needs to be relocated for the PROJECT and that PARTY does not have prior rights for that utility, it will be the sole responsibility of that PARTY to relocate the utility at that PARTY’s cost. This shall not be included as a PROJECT cost. In the case that a utility relocation is determined to be a PROJECT cost based on that utility having        Packet Page. 260 COOPERATIVE AGREEMENT prior rights, the relocation of the utility will be included as a PROJECT cost for which COLTON and SAN BERNARDINO will be responsible for funding the work located within their respective boundaries. 8. As design progresses, if it is found by SAN BERNARDINO’s Director of Public Works, or the Director’s designee, that a cost overrun of 10% or more of the estimated total of the PROJECT costs will occur, SAN BERNARDINO shall provide COLTON notice of this fact and SAN BERNARDINO and COLTON shall endeavor to agree upon an alternative course of action, including amending the cost estimates. If, after thirty (30) days of SAN BERNARDINO’s notice, an alternative course of action is not mutually agreed upon in writing between COLTON and SAN BERNARDINO, this Agreement shall be deemed to be terminated by mutual consent. 9. SAN BERNARDINO shall notify COLTON of the bids received and the amounts thereof. In the event that either PARTY intends to cancel this Agreement based upon the bids or amount thereof, said PARTY shall notify the other PARTY at a reasonable time prior to the awarding of a contract to construct the PROJECT to avoid any detrimental reliance by either PARTY, contractor or potential contractor. 10. If after opening bids for the PROJECT, it is found that the responsive and responsible low bid amount is 110% of or less than the construction cost shown in Exhibit B, SAN BERNARDINO may award the contract. 11. If, upon opening of bids, it is found that the responsive and responsible low bid amount is greater than 110% of the construction cost shown in Exhibit B or an Amended Exhibit B pursuant to paragraph 10 of the Agreement, SAN BERNARDINO shall not award the contract unless: 1) SAN BERNARDINO receives written permission from COLTON’s City Engineer or designee, to proceed with the award; and 2) COLTON’s City Council approves the award of the construction contract. If the above described conditions are not met, COLTON and SAN BERNARDINO shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent. 12. In the event that change orders are required during the course of the PROJECT, said change orders must be in form and substance as set forth in “Exhibit B”, which is attached hereto and incorporated herein by this reference, and approved by both COLTON and SAN BERNARDINO. Contract Change Order forms will be delivered by email and must be returned within five (5) business days. COLTON shall not unreasonably withhold approval of change orders. If a COLTON disapproved or modified change order is later found to cause an additional cost to the PROJECT, then COLTON shall be responsible for any additional costs, awards, judgments or settlements associated with the disapproved or modified change order. 13. This Agreement may be cancelled upon thirty (30) days advance written notice of either PARTY, provided however, that neither PARTY may cancel this Agreement after SAN BERNARDINO awards a contract to construct the PROJECT. In the event of cancellation as provided herein, including termination pursuant to paragraphs 10, 11 and 13 above, all PROJECT expenses occurred prior to the effective date of cancellation/termination shall be paid by the Parties in the same proportion to their contribution for the PROJECT. The PARTIES recognize and agree that the provisions governing utility relocation and construction are dependent upon the PARTIES first satisfying CEQA. As provided in this paragraph, the Agreement may be cancelled with or without cause, before, during and after CEQA review/approval.        Packet Page. 261 COOPERATIVE AGREEMENT 14. Except as provided in paragraph 15, and except for the PARTIES’ operation, maintenance and indemnification obligations contained herein which shall survive termination, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by COLTON for its share of the PROJECT costs or refund by SAN BERNARDINO pursuant to Section I paragraph 12.        Packet Page. 262 COOPERATIVE AGREEMENT IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the date and year first- above written. CITY OF COLTON CITY OF SAN BERNARDINO By:By: Frank J. Navarro, Mayor Bill Gallardo Interim City Manager ATTEST: By:Isaac T. Suchil, City Clerk By:Telicia Lopez Acting City Clerk        Packet Page. 263 COOPERATIVE AGREEMENT EXHIBIT A        Packet Page. 264 COOPERATIVE AGREEMENT EXHIBIT B DESCRIPTION AMOUNT CITY OF SAN BERNARDINO SHARE CITY OF COLTON SHARE Construction $700,00 $350,000_$350,000 All Other Costs such as design, survey, CEQA compliance, construction engineering, inspection and City overhead $70,000 $35,000 $35,000 TOTAL $770,000 $385,000 $385,000        Packet Page. 265 COOPERATIVE AGREEMENT EXHIBIT C CONTRACT CHANGE ORDER REVIEW/APPROVAL : CITY OF SAN BERNARDINO CONTRACT NO. ______ Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of San Bernardino and City of COLTON for the above project and the following shall apply: DATE OF CITY OF SAN BERNARDINO ACTION: ____/____/____ APPROVED for Implementation with 100% Participation by CITY OF COLTON APPROVED Subject to Comments/Revisions Accompanying This Document APPROVED With Limited Funding Participation by CITY OF COLTON 50% of Actual Cost to be Funded by CITY OF COLTON CITY OF COLTON Participation Not to Exceed $ 423,500 DISAPPROVED -Not Acceptable to CITY OF COLTON Note: Approval under any of the above conditions shall in no case be construed as agreement to increase the total financial participation beyond that prescribed in the existing CITY OF SAN BERNARDINO and CITY OF COLTON agreement without a separate amendment to said agreement. Net increases in costs deriving from this and previously approved Contract Change Orders shall not cause the total construction costs to exceed the sum of the authorized contract total and contingency amounts. Comments, as follows and/or attached, are conditions of the above action? YES NO __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ SIGNED: _______________________________________________ TITLE: _________________________________________________ Distribution: Signed Original Returned to Resident Engineer Signed Original for CITY OF COLTON File        Packet Page. 266 California MUTCD 2014 Edition Page 844 (FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Chapter 4C – Traffic Control Signal Needs Studies November 7, 2014 Part 4 – Highway Traffic Signals Hunts Ln Harwick Dr 3/7/2024 4 4 4 4 4 4 4 4 4 4 4 495 601 571 720 917 984 914 695 48 47 58 73 174 286 313 149 11 12 1 2 3 4 5 6 495 601 571 720 917 984 914 695 48 47 58 73 174 286 313 149 45 25 11 12 1 2 3 4 5 6        Packet Page. 267 California MUTCD 2014 Edition Page 845 (FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Chapter 4C – Traffic Control Signal Needs Studies November 7, 2014 Part 4 – Highway Traffic Signals 4 4 4 4 4 4 4 4 4 4 4 4 4 4 791 984 914 695 174 286 313 149 984 286 4 3:00 - 6:59 3 4 5 6 4        Packet Page. 268 California MUTCD 2014 Edition Page 846 (FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Chapter 4C – Traffic Control Signal Needs Studies November 7, 2014 Part 4 – Highway Traffic Signals 4 4 4 4 4 4 4 4 4 791 3 984 914 695 3 4 16 0 4 5 6 3:45 254 249 238 251 1 0 2 1 4:00 4:15 4:30 N/A N/A N/A N/A        Packet Page. 269 California MUTCD 2014 Edition Page 847 (FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Chapter 4C – Traffic Control Signal Needs Studies November 7, 2014 Part 4 – Highway Traffic Signals 4 4 4 4 4 4 4 4 4 4 4 4 4 820 1200 N/A N/A 1346 Yes No Yes Yes Yes No        Packet Page. 270 2 6 7 1 CONSENT CALENDAR July 2, 2025 Honorable Mayor and City Council Members Bill Gallardo, Interim City Manager; Lynn Merrill, Director of Public Works Public Works It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-322: 1. Approving the Acceptance of the Highway Safety Improvement Program (HSIP) Cycle 12 Grant in the amount of $3,152,700; and 2. Authorizing the City Manager or designee to approve grant matching funds in the amount of $100,300 from the Traffic Safety Fund; and 3. Designating the City Manager, or designee, as a responsible agency official authorized to sign project agreements and certifications for the preparation of the HSIP Cycle 12 Project; and 4. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 CIP budget with an additional $100,300 from the Traffic Safety Fund to bring the total project budget to $3,503,000; and 5. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 CIP budget with an additional $3,503,000 in HSIP Cycle 12 grant funding. The Public Works Department recommends that City Council approve the acceptance of Highway Safety Improvement Program (HSIP) grant funds for the design and construction of the E Street Median Improvement Project. The project will enhance        Packet Page. 271 2 6 7 1 traffic and pedestrian safety along E Street through the installation of raised medians, upgraded signage, and other roadway safety features consistent with the goals of the HSIP. The proposed improvements are aimed at enhancing access control, particularly in high-incident areas. The City has been awarded HSIP funds in the amount of $3,152,700 to support both the design and construction phases. These funds will cover 90% of the total estimated project cost, with the remaining funds to be provided through the Traffic Safety Fund. Background The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with the purpose of achieving a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned roads and roads on tribal land. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads with a focus on performance. The HSIP is legislated under Section 148 of Title 23, United States Code (23 U.S.C. 148) and regulated under Part 924 of Title 23, Code of Federal Regulations (23 CFR Part 924). The HSIP consists of three main components, the Strategic Highway Safety Plan (SHSP), State HSIP or program of highway safety improvement projects and the Railway-Highway Crossing Program (RHCP), In addition, some states also have a High Risk Rural Roads (HRRR) program if they had increasing fatality rate on rural roads. The E- Street corridor is one of the major thoroughfares in San Bernardino, it was selected as a route for the sbX BRT system due to its high traffic volume and the need for efficient public transportation options. Bus lanes, which are lanes designated exclusively for buses, are a key component of BRT systems like sbX. These lanes help buses bypass traffic congestion, allowing them to move more quickly and adhere to schedules more reliably. The sbX Line operates in a center-running dedicated transit lane along “E” Street between 10th Street and Hospitality Lane, and along Hospitality Lane between “E” Street and Tippecanoe Avenue. The City owns and maintains the street right-of-way, including dedicated bus lanes, pursuant to the Master Cooperative Agreement between Omnitrans and the City of San Bernardino for the “E” Street Corridor sbX Bus Rapid Transit Project, executed September 21, 2009.The City and Omnitrans have determined that a safety concern exists where vehicles make left turns out of business driveways across the dedicated bus lane. The temporary delineators installed by Omnitrans to stop vehicles from crossing the dedicated bus lane have not been effective because they are easily removed/destroyed and need frequent replacement. Since the opening of the sbX line in 2014, the City has found the maintenance and replacement of the missing and destroyed delineators to be cost prohibitive. In 2019, the City constructed a median on Hospitality Lane between “E Street and Waterman Avenue in which collisions between buses and vehicles reduced significantly.        Packet Page. 272 2 6 7 1 Discussion The City and Omnitrans have decided to collaborate on addressing the escalating collisions involving buses and vehicles along the sbX line on “E” Street, spanning from Fairway Drive to 10th St. Under this agreement, they will jointly undertake the design, pursue environmental clearance (CEQA or NEPA in case of federal funding), and oversee construction for the project aimed at achieving the final development of Plans, Specifications, and Estimates (PS&E). During the initial submission of the HSIP Cycle 12 application, the Plans, Specifications, and Estimates (PS&E) phase was inadvertently omitted from the project scope and funding request. To address this oversight, staff submitted a revised request to include the PS&E phase at a cost of $229,500. Caltrans is currently in the process of updating the award letter to reflect the revised grant funding amount awarded to the City. This phase is essential to the successful development and delivery of the project. The City intends to proceed in full compliance with all applicable federal and state requirements. This staff report reflects that the revised estimated total cost for the Project is $3,503,000, which includes design, environmental clearance, preparing of Plans and Specification, construction management service, and construction. The cost of the local match in the amount of $350,300 will be split equally, 50/50 with Omnitrans which will result in $175,150 for Omnitrans contribution to the project with the remaining balance covered by the HSIP grant. It is important to note that Omnitrans will reimburse the City of San Bernardino for its share of the local match, $175,150, once the applicable project expenditures have been incurred. This reimbursement pertains solely to Omnitrans’ 50% share of the required local match and does not apply to any other project costs outside of the $350,300 match obligation. On June 4, 2025, the City Council adopted Resolution No. 2025-298, approving the City of San Bernardino’s Fiscal Year 2025/26 Operating Budget and the Fiscal Years 2025/26–2029/30 Capital Improvement Plan. As part of this action, the Council approved CIP Project SS25-011 for the E Street Median Improvements and established a budget of $250,000 in the Traffic Safety Fund to support the project. 2021-2025 Strategic Targets and Goals This Project consists of Goal No. 4: Improve Quality of Life – Evaluate and enhance the quality of public safety services. The median on “E” Street along the proposed segment will enhance roadway safety for both the buses and the vehicles. Fiscal Impact        Packet Page. 273 2 6 7 1 There will be no fiscal impact to the General Fund associated with this item. There is grant match funding in the amount of $350,300. HSIP Federal funding in the amount of $3,152,700 has been approved for the “E” Street median and is available for this project. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-322: 1. Approving the Acceptance of the Highway Safety Improvement Program (HSIP) Cycle 12 Grant in the amount of $3,152,700; and 2. Authorizing the City Manager or designee to approve grant matching funds in the amount of $100,300 from the Traffic Safety Fund; and 3. Designating the City Manager, or designee, as a responsible agency official authorized to sign project agreements and certifications for the preparation of the HSIP Cycle 12 Project; and 4. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 CIP budget with an additional $100,300 from the Traffic Safety Fund to bring the total budget to $3,503,000; and 5. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 CIP budget with an additional $3,503,000 in HSIP Cycle 12 grant funding. Attachments Attachment 1 Resolution No. 2025-322 Attachment 2 Location Map Attachment 3 Grant Award Letter Ward: First and Third Ward Synopsis of Previous Council Actions: March 20, 2024 Resolution No. 2024-057 Approving Cooperative Agreement with Omnitrans for the E Street Median Project (Wards 1 & 3)        Packet Page. 274 Resolution No. 2025-322 Resolution 2025-322 1 of 3 7 1 5 9 RESOLUTION NO. 2025-322 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO , CALIFORNIA ACCEPT HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP) CYCLE 12 GRANT OF $3,152,700, AUTHORIZE THE CITY MANAGER OR DESIGNEE TO APPROVE GRANT MATCHING FUNDS IN THE AMOUNT OF $350,300 FROM THE TRAFFIC SAFETY FUND, DESIGNATE THE CITY MANAGER, OR DESIGNEE AS A RESPONSIBLE AGENCY OFFICIAL AUTHORIZED TO SIGN PROJECT AGREEMENTS AND CERTIFICATIONS FOR THE PREPARATION OF THE HSIP CYCLE 12 PROJECT, AUTHORIZE THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2025/26 CIP BUDGET WITH AN ADDITIONAL $350,300 FROM THE TRAFFIC SAFETY FUND TO BRING THE TOTAL PROJECT BUDGET TO $3,503,000, AND AUTHORIZE THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2025/26 CIP BUDGET WITH AN ADDITIONAL $3,152,700 IN HSIP CYCLE 12 GRANT FUNDING. WHEREAS, the HSIP is legislated under Section 148 of Title 23, United States Code (23 U.S.C. 148) and regulated under Part 924 of Title 23, Code of Federal Regulations (23 CFR Part 924). WHEREAS, on February 21, 2025, the City received approval of their HSIP Cycle 12 Grant application from the California Department of Transportation stating that the City’s Project (installation of various safety features along “E” Street) was awarded the HSIP Cycle 12 Grant; and WHEREAS, the sbX Line operates in a center-running dedicated transit lane along “E” Street between 10th Street and Hospitality Lane; and WHEREAS, on March 4, 2025, after agreeing to collaborate on addressing safety concerns along the sbX line, the City and Omnitrans entered into a cooperative agreement to share in the cost, design, environmental clearance, and construction oversight of the Project; and WHEREAS, the City staff submitted to Caltrans the project authorization and budget adjustment request to proceed to the environmental phase and the plan specification and estimates phase of the Project BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:        Packet Page. 275 Resolution No. 2025-322 Resolution 2025-322 2 of 3 7 1 5 9 SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby accept the HSIP Cycle 12 grant funding in the amount of $3,152,700 and designate the City Manager, or his designee as the signatory authority to execute all agreements and certifications in support of the HSIP grant. SECTION 3. The Director of Finance and Management Services is hereby authorized to establish a project budget in the total amount of $3,503,000 in the Federal Fund Program 123 in which $3,152,700 is reimbursable through the grant funding program and appropriate $350,300 from the Traffic Safety fund. 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 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 2nd day of July, 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 276 Resolution No. 2025-322 Resolution 2025-322 3 of 3 7 1 5 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-322, adopted at a regular meeting held on the 2nd day of July 2025 by the following vote: SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of July 2025. Telicia Lopez, Acting City Clerk        Packet Page. 277        Packet Page. 278        Packet Page. 279 “Provide a safe and reliable transportation network that serves all people and respects the environment” DIVISION OF LOCAL ASSISTANCE P.O. BOX 942874, MS–1 SACRAMENTO, CA 94274–0001 PHONE (916) 653-8620 FAX (916) 654-2409 TTY 711 www.dot.ca.gov/programs/local-assistance February 28, 2025 Highway Safety Improvement Program (HSIP) Cycle 12 Award Dear Azzam Jabsheh: Congratulations! Your HSIP application has been selected for funding: Application ID Location Description of Work Project Cost HSIP Funds Requested 08-San Bernardino-1 E Street from Fairway Drive to 10th Street. The complete list of funded projects in HSIP Cycle 12 Call for Projects is available online at https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/highway-safety- improvement-program/approved-project-lists. The agency’s first step is to contact the appropriate District Local Assistance Engineer (DLAE) who can assist with the funding allocation process and other project management requirements. The DLAE contact information is available at https://dot.ca.gov/programs/local-assistance/other- important-issues/local-assistance-contacts. To help in the success of your project, here are some important items to note: 1. Both federal and state funds will be used for HSIP Cycle 12 projects. Please pay attention to the funding type for your project as listed in the Cycle 12 project list. • Any project receiving $1.2 million or more in HSIP funding is federalized. • Projects receiving between $800,000 and $1.2 million in HSIP funding are federalized only if they qualify for the High Risk Rural Road (HRRR) Special Rule. • All other projects will use state funds. 2. The HSIP is a reimbursement program. Reimbursable work cannot commence on your project until you receive an allocation (for state funds) or an authorization (for federal funds) from Caltrans Division of Local Assistance (DLA) for this project. 3. For state funded HSIP projects, please note: a. The funding allocation process for HSIP projects with state HSIP funding is different from projects in other programs such as ATP/STIP and SB1. The funding allocation for HSIP projects is processed through Caltrans DLA, not the CTC.        Packet Page. 280 Azzam Jabsheh February 28, 2025 Page 2 “Provide a safe and reliable transportation network that serves all people and respects the environment” b. The funding allocation request is Phase specific, i.e. Preliminary Engineering (PE), Right of Way (ROW) or Construction (CON). For more guidance on implementing State-funded HSIP projects, please visit https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/highway- safety-improvement-program/state-funded-hsip. 4. For federally funded HSIP projects, please follow the project authorization process in Chapter 3 of the Local Assistance Procedures Manual (LAPM). 5. The delivery of the HSIP Cycle 12 projects must meet the below milestones: a. The PE phase (if applicable) must be allocated by 12/31/2025; b. The Construction (CON) phase must be allocated by 3/31/2028 (6 months may be added for projects with consultant for PE). For HSIP project delivery requests and status of the projects, please visit https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/highway- safety-improvement-program/delivery-requirements-status-approved-projects. 6. It is the agency’s responsibility to review their project scope throughout the project delivery process and confirm that HSIP funding is used to fund the approved eligible scope as defined in your HSIP application. In case that any scope or cost change is needed, please contact your DLAE. 7. Prior to engaging in any Architectural and Engineering (A&E) contract procurement(s), agencies should reference Chapter 10 (Consultant Selection) of the Local Assistance Procedures Manual (LAPM), located at https://dot.ca.gov/programs/local- assistance/guidelines-and-procedures/local-assistance-procedures-manual-lapm. If you have any questions about your project, please feel free to contact Eduardo Moreno- Castaneda at 909-963-9282, or at Eduardo.castaneda@dot.ca.gov. Sincerely, Alberto Vergel De Dios, PE District Local Assistance Engineer (DLAE) Division of Planning, Local Assistance        Packet Page. 281 2 7 9 0 DISCUSSION July 2, 2025 Honorable Mayor and City Council Members Bill Gallardo, Interim City Manager; Andrea Russell, Director of Human Resources Human Resources It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and 2. Authorize the City Manager or designee to execute all related documentation. The City purchases insurance policies through Public Risk Innovation, Solutions, and Management (PRISM), a member-directed risk sharing pool of public agencies committed to providing risk coverage programs and risk management services, which drive member stability, efficiency, and best practices. Staff is recommending renewing insurance coverage for the specific policies noted below. • Excess Workers’ Compensation Program • General Liability 2 Program (GL2) • Master Crime Program • Cyber Liability Program On June 19, 2019, the Mayor and City Council adopted a resolution authorizing the City Manager to purchase stand-alone commercial coverage for excess liability insurance through the City’s then liability broker Aon; and increased the City‘s self-        Packet Page. 282 2 7 9 0 insured retention (SIR) from $1 million to $5 million in order to obtain a manageable premium amount. Before the start of FY 20/21 began, Allied, the City’s then excess liability insurance carrier, made the determination not to renew coverage with the City. Instead, what Allied offered was a 30-day extension of the existing policy to allow the City an opportunity to secure other coverage. The City’s three additional excess carriers followed Allied’s lead and also agreed to provide the City a 30-day extension of the existing policies through July 31, 2020. At the time, The City purchased insurance policies through Aon who served as the City’s broker of record for six years. Aon was responsible for marketing and negotiating quotes with numerous insurance carriers in an effort to secure the best coverage at the best price. Aon solicited quotes from 28 carriers to obtain excess liability insurance coverage for the City. The insurance market faced obstacles most importantly capacity restrictions, meaning there were fewer firms writing policies for public agencies. Those firms that were writing policies, did so for less coverage. Perceived jury verdicts and the uncertainty of COVID-19 significantly influenced the insurance market at the time. All the excess general liability insurance carriers Aon approached declined to provide a quote to the City. Reasons noted included the City’s history of losses, financial stability, and the climate of California tort claims perceived jury verdicts. In addition to market conditions, loss data was also an influential factor in the City’s ability to secure coverage in FY 20/21. The City‘s loss run report was challenged, as settlements that were part of the bankruptcy (BK) plan of adjustment reflected a lower dollar value than what they would have settled outside of the bankruptcy proceedings. This made it difficult for insurance carriers to accurately measure risk exposure, and position themselves to extend an offer of coverage and establish insurance premiums. As a result, Aon was unable to secure a viable option for the City. To augment Aon’s efforts with quote solicitation and to explore coverage options for the City, staff approached other markets and carriers to secure coverage. Finally, the City partnered with Alliant Insurance Services, Inc. (Alliant) to obtain coverage through their pooled insurance carrier PRISM, formerly CSAC-EIA. Alliant is one of the nation’s leading distributors of diversified insurance products and services. Operating through a national network of offices, Alliant offers a comprehensive portfolio of services. The knowledge Alliant has gained in its more than eight decades of working with many of the top insurance companies in the world allows them to provide its clients guidance and high-quality performance. PRISM expressed concern over the reliability of our loss data for the time period of 2012-2017, indicating that larger claims would have settled for a much higher amount, if not for the bankruptcy proceedings and the plan of adjustment. In short, PRISM requested an audit of 27 claims to analyze the loss data to determine the risk exposure they would assume by extending excess general liability coverage to the City. This would allow them to quote a premium based on the audited data. Below is a summary of the audit findings. After reviewing the audited files, PRISM was able to offer a premium quote.        Packet Page. 283 2 7 9 0 Discussion Insurance Market Update The general liability market for 2025 will continue to be extremely challenging. There is reduced carrier capacity, heightened underwriter scrutiny, a push for aggregated limits and higher attachment points, and increased rates. There are many factors contributing to these hard market conditions, but it essentially comes to the increase in the number and size of extremely large losses over the last decade. Starting around 2013-2014, large liability claims activity increased significantly. Extremely large “nuclear” verdicts and the resulting increased settlement values have had devastating impacts on the economics of liability claims. Claims that were previously resolved in the $5M-$10M range rose to $20M-$30M and higher for public entities and their insurers. The rising claims costs caused carriers to increase their reserves for prior year claims to keep up with the adverse development. Collectively, the members of PRISM’s General Liability Programs have experienced their fair share of large losses, contributing to the challenging conditions described above. In fact, over the last 10 years, PRISM members have experienced an average of 126 claims per year that exceeded their current Self-Insured Retention (SIR). These claims collectively exceeded the collective SIRs by more than $188M, per year. PRISM and Alliant have developed long-term relationships with excess insurance and reinsurance underwriters. They work throughout the year to not only maintain their participation in the Program in a very difficult claims environment, but also to analyze structural changes and other strategies to make the overall cost as efficient as possible.        Packet Page. 284 2 7 9 0 While PRISM’s premiums will increase for 2025/26, the premiums are still less costly than an entity would likely be faced with outside of PRISM. A testament to the continued competitiveness of the Program. In addition to premium savings, members enjoy broader coverage and avoid coverage restrictions and limitations that are often quoted outside of PRISM. Excess Workers’ Compensation Program The City purchases excess workers' compensation insurance to cover employees if they are injured on the job. Coverage includes reimbursement for payments above the City’s self-insured retention (SIR). This includes compensation for temporary disability benefits at statutory rates, medical benefits, and some allocated expenses. The City’s current excess workers’ compensation coverage cost is $652,569 and has a $1 million self-insured retention (SIR) with a limit remaining at statutory coverage. Statutory coverage provides payment for claims up to the amount required by law, without limits. The FY 2025/26 premium is increasing by 28% ($910,293). Excess General Liability Program The City purchases excess general liability insurance to protect against catastrophic incidents such as: bodily injury, property damage, personal injury, public officials’ errors and omissions liability, automobile liability and employment practices liability. The City’s current excess general liability insurance coverage cost is $2,049,093 and has a $5 million self-insured retention (“SIR”) with a limit of $25 million. The FY 2025/26 premium is increasing by approximately 14% ($2,392,094) while Program premium projections assume increases of up to 30%. Master Crime Program The City purchases master crime insurance to protect against illegal acts committed by employees while on the job including theft, forgery, inside premises (theft of money and securities/robbery), computer fraud, money orders and counterfeit paper currency, and outside premises. The City’s current master crime coverage cost is $13,709 and has a $2,500 self- insured retention (“SIR”) with a limit of $15 million. The FY 2025/26 premium is decreasing by 4% ($13,190) while Program premium projections assume increases of up to 35%. Cyber Liability Program The City purchases cyber liability insurance for reimbursement coverage in response to information security and privacy liability, website media content liability, cyber extortion and first party data protection. The City’s current policy cost is $20,995 and has a $100,000 SIR with a limit of $12 million. The FY 2025/26 premium is increasing by 3% ($21,512) while Program premium projections assume increases of up to 85%.        Packet Page. 285 2 7 9 0 The following chart summarizes the City’s current actual cost for insurance coverage, assuming no changes to coverage, deductibles and or retention. Insurance Type FY 2024/25 Premium FY 2025/26 Premium Percentage Change Excess Workers’ Compensation $652,569 $910,293 28% Excess General Liability $2,049,093 $2,392,094 14% Master Crime $13,709 $13,190 - 4% Cyber Liability $20,995 $21,512 3% 2021-2025 Strategic Targets and Goals Approving the renewal of the City’s various insurance policies aligns with Strategic Target No. 1: Improved Operational and Financial Capacity, specifically, Goal e: minimize risk and litigation exposure by maintaining sufficient coverage to provide protection to the City. Fiscal Impact The financial impact to the City would not exceed $3,337,089. There is sufficient funding included in the FY 2025/26 Operating Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and 2. Authorize the City Manager or designee to execute all related documentation. Attachments Attachment 1 - Insurance Renewal PowerPoint Ward: All Wards Synopsis of Previous Council Actions: June 5, 2024 The Mayor and City Council approved the annual renewal of the City’s Property insurance, excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance.        Packet Page. 286 2 7 9 0 June 7, 2023 The Mayor and City Council approved the annual renewal of the City’s Property insurance, excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance. June 15, 2022 The Mayor and City Council approved the annual renewal of the City’s excess workers’ compensation, excess general liability insurance, crime insurance and cyber insurance policies. June 2, 2021 The Mayor and City Council Adopted Resolution 2021-125 approving the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance. July 17, 2020 Mayor and City Council: 1. Adopted Resolution No. 2020-176, approving the annual renewal of the City’s various insurance policies negotiated through Alliant for the term beginning August 1, 2020 and ending July 31, 2021 for: (1) a pro-rated premium not to exceed $820,190 for property insurance for the term beginning August 1, 2020 and ending March 31, 2021; (2) for a premium not to exceed $6,350 for cyber liability insurance for the term beginning August 1, 2020 and ending July 1, 2021; and (3) for a premium not to exceed $3,500,000 for excess liability insurance; AND authorized an amendment to the FY 2020-21 Adopted Budget in the amount of $2,113,229 to be appropriated into the Liability Insurance Fund, Account Number 629-110-0056-5161, from the General Fund Reserves and authorize staff to continue exploring options for containing excess general liability insurance costs and to bring back an update in August of the outcome and option selected. 2. Adopted Resolution No. 2020-178, to: Remain a member of CSAC Excess Insurance Authority; Becoming a Member of Public Risk Innovation, Solutions, and Management; and authorized the City Manager to act on the City’s behalf in relation to these entities. June 17, 2020 Mayor and City Council adopted Resolution No. 2020-131, authorizing the City Manager to purchase both a 30-day extension to the current excess liability policies for the extended term of coverage from July 1, 2020 and excess workers’ compensation insurance through Public Risk Innovation, Solutions, and Management (PRISM) formerly California State Associate of Counties Excess Insurance Authority (CSAC-EIA). June 19, 2019 Mayor and City Council adopted Resolution 2019-68 authorizing the City Manager enter into California State Association of Counties Excess Insurance Authority (CSAC-EIA) insurance pool for excess workers’ compensation insurances and to purchase stand-alone commercial coverage for excess liability insurance with Aon.        Packet Page. 287 2 7 9 0 July 17, 2019 Mayor and City Council adopted Resolution 2019-176 authorizing the City Manager to purchase the City’s property, auto, terrorism, difference in conditions, and cyber security insurance policy term July 31, 2019 to July 31, 2020 for Fiscal Year (FY) 2019-2020.        Packet Page. 288 2025-2026 Benchmark Review Presented July 2, 2025 City of San Bernardino (STATE OF THE MARKET INFORMATION HAS BEEN CONSOLIDATED FROM VARIOUS INDUSTRY SOURCES)        Packet Page. 289 2024 Summary of Coverage Coverage Limits Deductible/SIR Premium General Liability $25,000,000 $5,000,000 $2,049,093 Excess Workers’ Compensation Statutory $1,000,000 $652,569 Cyber $18,000,000 $100,000 $20,995 Crime $25,000,000 $2,500 $13,709 2        Packet Page. 290 2025 Summary of Coverage Coverage Limits Deductible/SIR Premium General Liability $25,000,000 $5,000,000 GL 2 Committee 6.18.25 Estimated $2,392,094 Excess Workers’ Compensation Statutory $1,000,000 $910,293 Cyber $20,000,000 $150,000 $21,512 Crime $25,000,000 $2,500 $13,190 3        Packet Page. 291 4 General Liability Policy Year: July 1, 2025- July 1, 2026 Coverage Provided •Bodily injury •Personal injury •Property damage •Public Officials Errors and Omissions •Employment Practices Liability •Automobile Liability Excess Limit: $25,000,000 Self Insured Retention: $5,000,000        Packet Page. 292 5 Source: Risk and Uncertainty Management Center, Univ. of South Carolina, adapted from Verisk “Social Inflation” presentation (2020); Source: Risk & Insurance June 11, 2024 Social Inflation: Many Interrelated Causes, Difficult to Manage Number of reported verdicts over $100 million hit an all-time high of at least 23 in 2023 Nuclear verdicts 2023 $23.8 million Median nuclear verdict $21.1 million Median nuclear verdict for personal injury/wrongful death cases $88.9 million Median nuclear verdict for personal injury/wrongful death cases Insurance claim costs Increasing Propensity to Sue Size of Jury Awards Aggressive Plaintiff Bar Ads Litigation Financing Growing Distrust of Large Corps. Changes in Regulatory and Legal Environment Courts/Juries Favoring Plaintiffs        Packet Page. 293 City Benchmarking City Approximate Population Current SIR # Claims Over $1M Largest Claim (loss data as of 3.31.25) Approximate 25/26 Premium City of San Bernardino 200,000 $5,000,000 13 $4,001,892 $2,400,000 City A – Northern CA 400,000 $5,000,000 19 $12,177,073 $15,000,000 City B – Southern CA 70,000 $5,000,000 3 $1,253,044 $1,100,000 City C – Southern CA 1,400,000 $5,000,000 44 $16,104,169 $31,700,000 City D – Southern CA 150,000 $5,000,000 6 $8,355,592 $3,500,000 City E – Southern CA 100,000 $5,000,000 (Plus $1M Corridor) 16 $9,390,925 $5,700,000 City F – Northern CA 100,000 $3,000,000 2 $1,375,858 $2,900,000 City G – Southern CA 200,000 $2,000,000 8 $7,220,312 $7,200,000 City H – Northern CA 500,000 $2,000,000 (Plus $2M Corridor) 20 $11,184,238 $13,400,000 City I – Northern CA 100,000 $1,000,000 (Plus $1M Corridor) 5 $7,500,000 $4,400,000 6        Packet Page. 294 Contact Your Alliant Service Team Robert Lowe Senior Vice President Robert.Lowe@Alliant.com Kristen DesCombes Assistant Vice President Kristen.DesCombes@Alliant.com        Packet Page. 295 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS July 2, 2025 Honorable Mayor and City Council Members Dr. Treasure Ortiz, Council Member, 7th Ward Council Office        Packet Page. 296 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS July 2, 2025 Honorable Mayor and City Council Members Theodore Sanchez, Council Member, 1st Ward Council Office        Packet Page. 297