The URL can be used to link to this page

Home My WebLink About10-07-2026 MCC 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, OCTOBER 07, 2026 3:30 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 Eric Levitt COUNCIL MEMBER, WARD 2 CITY MANAGER Juan Figueroa Albert Maldonado COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Telicia Lopez COUNCIL MEMBER, WARD 4 CITY CLERK Kim Knaus MAYOR PRO TEM, WARD 5 Mario Flores COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino 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) 998-2680 TWO WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR REASONABLE ACCOMMODATIONS To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents. Mayor and City Council of the City of San Bernardino Page 2 CALL TO ORDER Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Council Member, Ward 4 Fred Shorett Mayor Pro Tem, Ward 5 Kim Knaus Council Member, Ward 6 Mario Flores Council Member, Ward 7 Dr. Treasure Ortiz Mayor Helen Tran City Manager Eric Levitt City Attorney Albert J. Maldonado City Clerk Telicia Lopez 3:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION pg. 19 A) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): 1 Case B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – S ignificant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(5)): 1 Item C) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. Erin Marie Cowser v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2610208 ii. Goodman v. City of San Bernardino, Treasure Ortiz, et al., California Superior Court of the County of San Bernardino, Case No. CIVSB2627946 D) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(3)) i. Notice of Claim, Jose Loera, dated February 3, 2026, Claim No. GHC0093814 ii. Notice of Claim, Darren Goodman, dated February 10, 2026, Claim No. HC00993811 Mayor and City Council of the City of San Bernardino Page 3 E) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(1)): 1 Item 5:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. Citizen of the Month – Abraham Morales 985 Coffee pg. 20 2. Proclamation for Adopt a Shelter Dog Month in the City of San Bernardino – October 2026 (All Wards) pg. 22 APPOINTMENTS 3. Public Safety and Human Relations Commission Appointment of Vianey Galvez (Ward 6) pg. 24 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Vianey Galvez to the Public Safety and Human Relations Commission representing Ward 6 with the term ending December 2028. Vianey Galvez will replace Concepcion (Connie) M. Mercado. Council Staff has verified that appointee is a registered voter within the city. PUBLIC HEARING 4. Introduce Ordinance No. MC-1674 for First Reading Setting Forth Procedures for Expediting Permitting Processing for Electric Vehicle (EV) Charging Systems (All Wards) pg. 33 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino conduct a public hearing; and 1. Introduce, read by title only and waive further reading of Ordinance No. MC- 1674 of the Mayor and City Council of the City of San Bernardino, California, establishing procedures for expediting permit processing for electric vehicle charging stations. 2. Schedule the adoption of Ordinance No. MC-1674 to the regularly scheduled meeting of the Mayor and City Council on October 21, 2026. Mayor and City Council of the City of San Bernardino Page 4 5. Introduce Ordinance MC-1669 Amending 19.28 (Landscaping Standards) Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19) Incorporating New Soil, Mulch, and Amendment Requirements for Water Efficient Landscaping (All Wards). pg. 59 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a Public Hearing; 2. Introduce Ordinance MC-1669 amending 19.28 (Landscaping Standards); Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19) Incorporating New Soil, Mulch, and Amendment Requirements for Water Efficient Landscaping (All Wards) 3. Schedule the adoption of Ordinance MC-1669 to the regular meeting of the Mayor and City Council on October 21, 2026. CITY MANAGER UPDATE PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA We ask that you please observe proper decorum, and do not speak out of turn or make comments from your seat. If you wish to address the Mayor and City Council please be sure to submit a speaker slip. If you speak out of turn or disrupt the meeting a warning may be given and/or you will be asked to leave the meeting pursuant to Government Code Section 54957.9 and Penal Code 403. CONSENT CALENDAR Items on the Consent Calendar are Considered Routine and are Voted on in a Single Motion Unless the Mayor and City Council or a Staff Member has Pulled the Item for More Discussion. 6. Animal Services Staffing Realignment and Shelter Support Adjustments (All Wards) pg. 107 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-160 authorizing the City Manager to eliminate two vacant Shelter Veterinarian positions and one vacant Animal Control Officer II position and reallocate existing funding to support veterinary, shelter operations, and facility maintenance staffing; and approve an increase in the Department of Animal Services authorized permanent staffing from 70 to 71 full-time equivalent (FTE) positions. Mayor and City Council of the City of San Bernardino Page 5 7. Approval of Various Mayor and City Council Meeting Minutes pg. 118 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates: 1. May 13, 2021 Special Meeting Draft Minutes 2. July 21, 2021 Regular Meeting Draft Minutes 3. September 15, 2021 Regular Meeting Draft Minutes 4. November 3, 2021 Regular Meeting Draft Minutes 5. August 5, 2026 Regular Meeting Draft Minutes 6. August 19, 2026 Regular Meeting Draft Minutes 8. Adoption of Ordinance No. MC-1671 Requiring Notification of Homeless Individuals Drop-offs in the City pg. 215 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1671, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 9.50 to Article IV of Title 9 of the San Bernardino Municipal Code, requiring a notification of transport of unhoused persons who lack a fixed, regular, and adequate nighttime residence to the City of San Bernardino. 9. Adoption of Ordinance No. MC-1672 Requiring Vacant or Abandoned Properties to Register with the City and to Impose Certain Property Maintenance Obligations pg. 229 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC- 1672, An Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Chapter 8.32 to Title 8 Of The San Bernardino Municipal Code to Establish Registration, Maintenance, Security, and Inspection Requirements for Vacant Or Abandoned Residential, Commercial, and Industrial Properties. 10. Amendment No. 1 to the Professional Services Agreement with TruePoint Solutions, LLC (formerly Gray Quarter) for the Land Management System Implementation Project Increasing the Not-To-Exceed Amount by $307,535 (All Wards). pg. 243 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2026 -161 approving Amendment No. 1 to the Professional Services Agreement with TruePoint Solutions, LLC adding an eighteen (18)-month Managed Services subscription in the amount of $185,000; ratifying Change Orders 2 and 3 and authorizing payment for the completed work in the amount of $64,035; and approving Change Order 5 in the amount of $58,500; thereby increasing the not-to-exceed amount by $307,535 for a new total contract amount not to exceed $2,407,871; and Mayor and City Council of the City of San Bernardino Page 6 2. Adopt Resolution No. 2026-162 authorizing the reallocation of $64,035 in American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF), previously obligated under the Hosted Services Agreement with TruePoint Solutions, LLC (formerly Gray Quarter Inc.), to the Professional Services Agreement with TruePoint Solutions, LLC. 11. Mayor and City Council Strategic Goals and Priorities Quarterly Update. pg. 361 Recommendation: It is recommended the Mayor and City Council of the City of San Bernardino, California, receive and file the Strategic Goals and Priorities Update 12. Professional Services Agreement with Atkinson, Andelson, Loya, Ruud, and Romo in the amount of $300,000 for Legal Services (All Wards) pg. 377 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Atkinson, Andelson, Loya, Ruud, and Romo, subject to review and approval by the City Attorney's Office, in an amount not to exceed $300,000 for legal services. 13. Adoption of Ordinance No. MC – 1670 Approving General Plan Amendment 25- 02 and Development Code Amendment 25-07 (Zoning Map Amendment) pg. 379 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC – 1670 approving General Plan Amendment 25- 02, which changes the General Plan Land Use designation from Commercial to Multi- Family Residential and Development Code Amendment (Zoning Map Amendment) 25-07, which changes the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amends the San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments, pursuant to a Mitigated Negative Declaration. 14. Approval of Amendment No. 1 to the Professional Services Agreement Between the City of San Bernardino and Keyser Marston Associates Inc. (All Wards) pg. 392 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Keyser Marston Associates Inc., to extend the term of agreement to March 31, 2027 and increase the total compensation amount by $50,000, bringing the total not to exceed compensation amount to $150,000. 2. Authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Keyser Marston Associates Inc. Mayor and City Council of the City of San Bernardino Page 7 15. Authorize Two (2) Full-Time Homeless Outreach Specialist Positions in the Community Development & Housing Department- Grant Funded Through April 2031 (All Wards) pg. 417 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the addition of two (2) grant-funded full-time equivalent (FTE) Homeless Outreach Specialist positions to the Community Development & Housing Department, funded through Permanent Local Housing Allocation (PLHA) funds through April 30, 2031. 16. Irrevocable Agreement to Annex No. 2026-388 (Ward 5) pg. 425 Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2026-163 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 4164 North 4th Avenue, San Bernardino, California, within the unincorporated community of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. 17. Love Your Block Year 3 (All Wards) pg. 444 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file and provide staff direction with program implementation. 18. Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation (15.30-445) of an Easement Vacation of a Public Utility Easement located within San Bernardino Valley College, and Reservation of Utilities on Esperanza Street and South K Street (Ward 3) pg. 472 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-164 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a public utility easement located within San Bernardino Valley College, and reservation of utilities therein. 19. Approve Amendment No. 1 for Financial Auditing Services with Eadie Payne, LLP, Increasing Agreement’s not -to -exceed amount to $971,200 (All Wards) pg. 482 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 1 with Eadie Payne, LLP for financial auditing and additional accounting, financial reporting, agreed-upon-procedures services in the not-to-exceed amount of $971,200 for fiscal years ending June 30, 2026 through June 30, 2030, with the option of auditing the City’s financial records for two subsequent years (through June 30, 2032). Mayor and City Council of the City of San Bernardino Page 8 2. Authorize the City Manager to execute any and all documents necessary to implement and carry out the approved amendment. 20. Agreement with Command Investigations, LLC for Pre-Employment Background Screening Services in the amount of $50,000 per year for a period of three (3) years, with two (2) optional one-year extensions for a total not-to- exceed amount of $250,000 (All Wards) pg. 512 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute a professional services agreement with Command Investigations, LLC for Pre-Employment Background Screening Services in the amount of $50,000 per year for a period of three (3) years, with two (2) optional one-year extensions for a total not -to -exceed amount of $250,000. 21. Approve Administrative Corrections to previously Adopted Salary Schedule; Adopt Corrected Salary Schedules; AND Adopt Citywide Salary Schedule for Full-Time, Part-Time, Temporary, and Seasonal Positions effective 8/6/26. pg. 923 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-165; 1. Approving administrative corrections to previously adopted salary schedules effective 1/5/2026, 6/17/26, and 7/6/26; 2. Adopting corrected Citywide Salary Schedule for full-time, part-time, temporary, and seasonal positions effective 1/5/2026, 6/17/2026, and 7/6/2026; and 3. Adopting the Citywide Salary Schedule for Full-Time, Part-Time, Temporary, and Seasonal Positions effective 8/4/2026. 22. Acceptance and Approval of Amendment No. 2 Revised Contract of Modernization for Older Californians Act/Nutrition Services Grant Award FY 2024-2027 (All Wards) pg. 954 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-166: 1. Authorizing the City Manager or designee to accept and approve Amendment No. 2 to Contract No. 24-992 with the San Bernardino County Department of Aging and Adult Services – Public Guardian for the Modernization of Older Californians Act (MOCA)/Nutrition Services Grant, providing an additional $90,000 and increasing the total Not-to-Exceed contract amount from $189,900 to $279,900, and extending the contract term through September 30, 2027; and 2. Authorizing the City Manager or designee to conduct all negotiations, execute, and submit all necessary documents associated with the grant award; and Mayor and City Council of the City of San Bernardino Page 9 3. Authorizing the Director of Finance and Management Services to amend the FY 2026/27 budget in both revenues and expenditures and appropriate the additional $90,000 grant award in accordance with the County- authorized budget and contract requirements. 23. Fiscal Year 2025/26 Budget Amendment of $30,000 – State Asset Forfeiture Gang and Drug Special Revenue Fund (All Wards) pg. 1021 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-167: 1. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 budget for the State Asset Forfeiture Drug and Gang Special Revenue Fund to establish $30,000 in expenditure appropriations; and 2. Authorizing the Director of Finance and Management Services to make any necessary technical adjustments to the FY 2025/26 budget to implement the amendment. 24. Award of Construction Agreement of the San Bernardino Library Norman Feldheym Branch Improvements Project to Tovey/Shultz Construction, Inc. in the amount of $8,323,998.45 and approval of a Task Order for Construction Management and Inspection Services with TKE Engineering, Inc. in the Amount of $270,761. (Ward 1) pg. 1030 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of a Construction Contract with Tovey/Shultz Construction, Inc., in the amount of $8,323,998.45 for the San Bernardino Library Norman Feldheym Branch Library Improvements Project; and 2. Approve a Task Order with TKE Engineering, Inc. for Construction Management and Inspection Services for the Project in an amount not to exceed $270,761; and 3. Authorize a Project contingency budget in the amount of $644,606.96 for unforeseen costs necessary to complete the Project, bringing the total Project budget to $10,224,196.41; and 4. Authorize the Director of Finance Management Services to amend the FY 2026/27 Capital Improvement Plan budget with an additional $469,754.70 from the Public Improvement Fund, $500,000 from the Public Use Facilities Fund, $75,000 from the Library Facilities Fund, $516,246.55 of Library Facilities Funding from the Feldheym Library Improvement Project (8940), and $2,253,825.16 of Measure S Funding from the selected Alternative for the Project; and Mayor and City Council of the City of San Bernardino Page 10 5. Authorize the City Manager or designee to execute all documents with Tovey/Shultz Construction, Inc. and TKE Engineering, Inc. necessary to implement the Project; and 6. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the Project; and 7. Take one of the following actions: Alternative A Approve Resolution No. 2026-168 Authorize the reallocation of Measure S funding from multiple City Projects up to an amount not to exceed $2,253,825.16 to provide sufficient funding to complete the Feldheym Library Branch Improvements Project. or alternatively Alternative B Approve Resolution No. 2026-169 Authorize $2,253,825.16 from the City’s Measure S Fund Balance to provide sufficient funding to complete the Feldheym Library Branch Improvements Project. DISCUSSION 25. Shandin Hills Golf Club General Fund Budget Appropriation and Amendment (Ward 5, Ward 6) pg. 1110 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-170: 1. Authorizing the City Manager, or designee, to appropriate funds in the amount of $500,000.00 for the Shandin Hills Golf Club to cover payroll and operational deficit costs during the interim period while the audit is being finalized; 2. Authorizing the Director of Finance & Management Services, or designee, to amend the FY 2026/2027 Operating Budget in the amount of $500,000.00 from the General Fund for the Shandin Hills Golf Club, and increasing the Economic Development Department’s Real Property Division revenues and expenditures budgets to reflect the receipt and expenditure of the funds; and 3. Authorizing the Director of Finance and Management Services, or designee, to issue a purchase order in the amount of $500,000.00 to Local Golf Management, LLC. Mayor and City Council of the City of San Bernardino Page 11 26. Discussion and Direction Regarding an Independent Phase One Financial Process Assessment (All Wards) pg. 1154 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the proposed Phase One independent financial process assessment described in this report, subject to completion of the City’s applicable procurement process and finalization of a professional services agreement; 2. Select review period, with staff presenting the following alternatives: a. Fiscal Years 2024 through 2026, consistent with Eadie Payne LLP’s preliminary proposal and estimated cost of $140,000 to $150,000; or b. Fiscal Years 2023 through 2026, if Council determines that an additional fiscal year is appropriate, with Eadie Payne LLP estimating approximately 900 to 950 hours and an estimated $180,000 to $190,000 for the expanded period. 3. Determine whether any specific financial process, fund, contract transaction, project, or other matter should be added to the Phase One scope, recognizing that a specific allegation or transaction requiring forensic investigation may require a separately defined scope and additional resources; 4. Direct that Community Facilities District (CFD) and Landscape Maintenance District (LMD) matters be excluded from the Phase One financial process assessment, consistent with Eadie Payne LLP's recommendation that matters involving legal questions concerning district formation, authorization, boundaries, assessments, or service obligations be evaluated through a separate engagement using appropriate specialized legal or technical expertise; 5. Provide direction regarding the public reporting and presentation of the assessment, including the preparation of a public final report to the extent permitted by law, with legally protected or confidential matters handled separately as appropriate; 6. Direct staff to complete the appropriate procurement process and return to the Mayor and City Council for consideration of the proposed professional services agreement, final scope, funding, and schedule. Mayor and City Council of the City of San Bernardino Page 12 27. Potential Revenue Generating Initiatives - Industrial and Logistics Revenue and Economic Opportunity Feasibility Study - Direction to Proceed (All Wards) pg. 1171 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Discuss and provide direction regarding whether the City should proceed with an independent fiscal, economic, and revenue feasibility study concerning warehouse, logistics, industrial storage, truck parking, and related commercial and industrial activities; 2. Direct the Finance & Management Services Department to release a formal competitive Request for Proposals (RFP) for an Industrial and Logistics Revenue and Economic Opportunity Feasibility Study; 3. Direct the City Attorney’s Office to complete a parallel review of the City’s existing taxing, regulatory, permitting, development, and cost- recovery authority, including whether potential revenue mechanisms would constitute a tax, regulatory fee, development-related charge, or other charge, and whether voter approval or other governmental authorizations would be required; 4. D irect the Finance & Management Services Department, in coordination with appropriate City departments, to begin an internal reconciliation of the City’s existing warehouse, logistics, storage, truck parking, industrial-property, business-registration, permitting, and revenue information; and 5. D irect staff to return to the Mayor and City Council with the recommended consultant, final scope of work, contract amount, and identified funding source, or necessary budget amendment, before the full study begins. 28. Waterman Avenue Landscaping Improvements – Conceptual Landscape Plan Review and Direction pg. 1377 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, review the proposed conceptual landscape plan for the Waterman Avenue Landscaping Improvements Project and provide direction to staff prior to proceeding with final design. Mayor and City Council of the City of San Bernardino Page 13 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 29. Comprehensive financial and operational audit of the San Bernardino Animal Shelter to include: current shelter capacity, kill rate/dead arrival rate/adoption rate/return rate, spay and neuter capabilities/current spay numbers/mobile clinics, staffing (current/needed), animal status spay/neuter/pregnancy rate during foster care or pre-adoption status, outbreak numbers/timeframes/notifications; etc. (Council Member Ortiz) pg. 1383 MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on October 21, 2026 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Mayor and City Council of the City of San Bernardino Page 14 CERTIFICATION OF POSTING AGENDA I, Telicia Lopez, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the October 7, 2026, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401 at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Friday, October, 2, 2026. I declare under the penalty of perjury that the foregoing is true and correct. Telicia Lopez, CMC, City Clerk Mayor and City Council of the City of San Bernardino Page 15 NOTICE: Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments. In accordance with Resolution No. 2018-89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony: Public Comments and Testimony: Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below. Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council. Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address. Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking. Rule 5. Time Limits: 5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council. 5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing. Mayor and City Council of the City of San Bernardino Page 16 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three-minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. (Must provide a minimum of 15 copies) The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Mayor and City Council of the City of San Bernardino Page 17 ALTERNATE MEETING VIEWING METHOD: If there are any 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 Comment Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to one (1) hour and thirty (30) minutes before the posted start time of the meeting, on the meeting day will be provided to the Mayor and City Council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup . In-Person Comment: Attend the meeting in person and fill out a speaker slip. Please note that the meeting chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically later than one (1) hour and thirty (30) minutes before the posted start time will not be accepted. Zoom/ Remote Comment To provide comments remotely during a City Council meeting a request to speak must be submitted to tinyurl.com/mccpubliccomments. no later than one (1) hour and thirty (30) minutes before the scheduled meeting start time. The request should include a name or be marked anonymous and indicate the comment type (Zoom). The agenda item number(s) or topic(s) on which you wish to speak should be listed on your request and if the items are not listed speakers will be called on during Public Comment for Items Not Listed on the Agenda. Please note the following for those participating via Zoom: The meeting is conducted in Zoom Webinar format. The webinar is for public comment only and is not intended for viewing the meeting. Participants will not appear on video during their public comment. Profile photos/avatars are not permitted and will not be displayed. When it is your turn to speak, City staff will unmute your microphone and announce your name. The time allotted will be the same as in-person speakers. After your comments are completed, your microphone will be muted. Members of the public who wish to watch the meeting may do so through the City's regular live-streaming or broadcast platform. Please note: messages submitted via email to this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909-998-2680 or 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. Mayor and City Council of the City of San Bernardino Page 18 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.” 3 7 0 5 CLOSED SESSION October 7, 2026 Honorable Mayor and City Council Members Albert Maldonado, City Attorney City Attorney i. Erin Marie Cowser v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2610208 ii. Goodman v. City of San Bernardino, Treasure Ortiz, et al., California Superior Court of the County of San Bernardino, Case No. CIVSB2627946 i. Notice of Claim, Jose Loera, dated February 3, 2026, Claim No. GHC0093814 ii. Notice of Claim, Darren Goodman, dated February 10, 2026, Claim No. HC00993811 n 54956.9(d)(2) and (e)(1)): 1 Item Packet Page. 19 PRESENTATIONS October 7, 2026 Honorable Mayor and City Council Members Mario Flores, Council Member, 6th Ward Council Office Packet Page. 20 CERTIFICATE OF RECOGNITION FROM THE MAYOR & CITY COUNCIL PROUDLY PRESENTED TO ABRAHAM MORALES 985 COFFEE SAN BERNARDINO OCTOBER 2026 Citizen of the Month In recognition of your outstanding service, steadfast dedication, and unwavering commitment to improving the quality of life for the residents of San Bernardino, your leadership, compassion, and civic engagement embody the spirit of community and serve as an inspiration to others. We honor the meaningful difference you continue to make in our city. PRESENTED ON OCTOBER 7, 2026 Packet Page. 21 PRESENTATIONS October 7, 2026 Honorable Mayor and City Council Members Helen Tran Mayor's Office Packet Page. 22 PROCLAMATION OF THE WHEREAS, October is nationally recognized as Adopt a Shelter Dog Month, bringing awareness to the thousands of dogs in animal shelters awaiting loving homes and encouraging communities to choose adoption when welcoming a new pet into their families; and WHEREAS, the City of San Bernardino Department of Animal Services provides animal care and field services to the City of San Bernardino and surrounding partner communities, caring for thousands of animals each year while working to reunite lost pets with their families and create positive outcomes through adoption, foster care, rescue partnerships, and community programs; and WHEREAS, shelter dogs come in every age, size, breed, and personality, and adopting a shelter dog not only provides a deserving animal with a second chance, but also creates space and resources to help the next animal in need; and WHEREAS, the dedicated employees of San Bernardino Animal Services work every day to provide compassionate care, veterinary treatment, enrichment, behavioral support, and lifesaving services to animals in our community, while Animal Control Officers respond throughout the City to protect both animals and residents; and WHEREAS, volunteers, foster families, rescue organizations, community partners, adopters, and residents play an essential role in supporting the Department's lifesaving mission and helping shelter animals find safe and loving homes; and WHEREAS, every shelter dog represents more than a kennel number, they represent a life, a story, and an opportunity for a second chance, and the City of San Bernardino encourages residents to adopt, foster, volunteer, to spay and neuter your pets, and help create a community where every adoptable pet has the opportunity to find a home; NOW, THEREFORE, BE IT PROCLAIMED, that the Mayor and City Council of San Bernardino do hereby proclaim October 2026 as ADOPT A SHELTER DOG MONTH and recognize the employees, volunteers, foster families, rescue partners, adopters, and community members whose dedication helps provide second chances to animals throughout our community. Presented on this 7th Day of October 2026 Packet Page. 23 APPOINTMENTS October 7, 2026 Honorable Mayor and City Council Members Mario Flores, Council Member, 6th Ward Council Office It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Vianey Galvez to the Public Safety and Human Relations Commission representing Ward 6 with the term ending December 2028. Vianey Galvez will replace Concepcion (Connie) M. Mercado. Council Staff has verified that appointee is a registered voter within the city. It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Vianey Galvez to the Public Safety and Human Relations Commission representing Ward 6 with the term ending December 2028. The Public Safety and Human Relations Commission was established by Resolution No. 2018-46, on February 21, 2018, and is charged with studying and making recommendations to the Mayor and City Council on matters concerning the city’s law enforcement and fire services, emergency preparedness and response, traffic and pedestrian safety (including traffic law enforcement and traffic engineering), code enforcement, life safety, crime incidents/trends, school related issues, public perceptions of law enforcement and community relations. Packet Page. 24 Discussion The Public Safety and Human Relations Commission is composed of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one (1) member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two (2) members who shall serve during and for the term of the Mayor. The Public Safety and Human Relations Commission shall be appointed on the basis of demonstrated experience in the area of public safety, law enforcement, disaster preparedness, human relations, community relations or other areas which relate to the mission and purpose of the commission. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Vianey Galvez to the Public Safety and Human Relations Commission representing Ward 6 with the term ending December 2028. Vianey Galvez will replace Concepcion (Connie) M. Mercado. Council Staff has verified that appointee is a registered voter within the city. Attachments Attachment 1 – Commission Application Vianey Galvez (REDACTED) Attachment 2 – Resolution No. 2018-46 Ward: Seventh Ward; All Wards Synopsis of Previous Council Actions: February 21, 2018 Resolution No. 2018-46 establishing the Public Safety and Human Relations Commission was adopted. Packet Page. 25 Packet Page. 26 Packet Page. 27 Packet Page. 28 Packet Page. 29 Packet Page. 30 Packet Page. 31 Packet Page. 32 3 5 8 6 PUBLIC HEARING October 7, 2026 Honorable Mayor and City Council Members Mary Lanier, Interim Community Development and Housing Director; George Velarde, Senior Planner Community Development & Housing It is recommended that the Mayor and City Council of the City of San Bernardino conduct a public hearing; and 1. Introduce, read by title only and waive further reading of Ordinance No. MC- 1674 of the Mayor and City Council of the City of San Bernardino, California, establishing procedures for expediting permit processing for electric vehicle charging stations. 2. Schedule the adoption of Ordinance No. MC-1674 to the regularly scheduled meeting of the Mayor and City Council on October 21, 2026. The City Manager recommends approval. This brings the City in full compliance with Assembly Bill 1236. The State of California adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems, in addition to publishing a checklist of all requirements needed for expedited review. Creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels. Packet Page. 33 3 5 8 6 The City of San Bernardino currently has a checklist of all requirements needed for expedited review of electric charging facilities, which is posted on the department’s website. To be in compliance with State Law, the City of San Bernardino must adopt this ordinance or face potential legal challenges. Background AB 1236, codified in Government Code Section 65850.7, requires all California cities and counties to develop an expedited, streamlined permitting process for electric vehicle charging stations (EVCS). The law was developed to further the availability of charging infrastructure to help drive the development of zero emission vehicles – the faster charging stations are deployed, the sooner California’s air quality improves, greenhouse gas emissions are reduced, and local economic benefits are captured. Pursuant to AB 1236, cities and counties must adopt a streamlined ordinance and checklist. Current city and county streamlining status is reflected on the EVCS Streamlining Map (Attachment 2), and jurisdictions are graded based on the Permitting Electric Vehicle Charging Stations Scorecard, which includes the streamlining requirements of AB 1236. On this map, the City of San Bernardino is shown in yellow, which indicates that the City has a checklist of all requirements needed for expedited review of electric vehicle (EV) charging facilities, but not an ordinance. Cities with ordinances and checklists are colored green. Some of those cities in the Inland Empire include: Rancho Cucamonga, Fontana, Rialto, Bloomington, Grand Terrace, Highland, and Redlands. Cities shown in red (City of Upland) are not in compliance and are potentially exposed to a lawsuit by an environmental organization named the Coalition for Clean Air. AB 970, codified in Government Code Section 65850.71, builds California’s existing permit streamline law, AB 1236. Jurisdictions are required by AB 1236 to limit EVCS project review to health and safety requirements. AB 970 adds specific binding timelines to that review period based on the size of the project and clarifies parking requirements. To meet AB 970 timelines and requirements of AB 1236, the city is required to provide one complete set of comments detailing all application deficiencies, which the applicant should address in a streamlined and complete manner through modifications to the existing application. Packet Page. 34 3 5 8 6 Discussion Permit Application Timelines and Parking Requirements Stations Type Completeness Determination 1 – 25 station projects at a single site Application deemed complete if after 5 days the city has not either (1) found the application to be complete or (2) issued a written deficiency notice (a) detailing all changes needed to make the application consistent with the city EVCS permitting checklist or (b) identifying specific information necessary for the Building Official to conduct a limited review of the whether the project meets all health and safety requirements. If not already approved or denied pursuant to the requirements of AB 1236, the application will be deemed approved 20 business days after it was deemed complete if (1) the city has not made a finding, based on substantial evidence, that the EVCS could have a specific adverse impact upon the public health or safety; (2) the city has not required the applicant to apply for a Use Permit as specified in Section 65850.7(b) ; and an appeal has not been made to the Planning Commission pursuant to Section 658.7(d). 26 or more stations at a single site The same requirements as above apply except: an EVCS application will be deemed complete after 10 business days and will be deemed approved after 40 business days after deemed complete. Parking Requirements AB 970 clarifies that cities shall reduce the number of required parking spaces by the amount necessary to accommodate the EVCS if the EVCS and associated equipment interferes with, reduces, eliminates, or in any was impacts the required parking spaces for existing uses. Packet Page. 35 3 5 8 6 Strategic Targets and Goals The adoption of an ordinance setting forth procedures for expediting permitting processing for electric Vehicle Charging Systems (EVCS) aligns with Goal No. 3- Improved Quality of Life. The faster charging stations are deployed, the sooner California’s air quality improves, greenhouse gas emissions are reduced, and more local economic benefits are captured. Cleaner air quality in San Bernardino improves the overall health of the residents of San Bernardino and improves their quality of life as well. Fiscal Impact There are no fiscal impacts related to the adoption of this ordinance. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino conduct a public hearing; and 1. Introduce, read by title only and waive further reading of Ordinance No. MC- 1674 of the Mayor and City Council of the City of San Bernardino, California, establishing procedures for expediting permit processing for electric vehicle charging stations. 2. Schedule the adoption of Ordinance No. MC-1674 to the regularly scheduled meeting of the Mayor and City Council on October 21, 2026. Packet Page. 36 3 5 8 6 Attachments Attachment 1 Ordinance MC-1674 Attachment 2 Ordinance MC-Exhibit A Attachment 3 EVSC Permit Streamlining Map Attachment 4 PowerPoint Attachment 5 Newspaper Publication Ward: All Wards Synopsis of Previous Council Actions: There are no prior actions taken on this subject by the Mayor and City Council. CC: Eric Levitt, City Manager Packet Page. 37 Ordinance No. MC-1674 -1- ORDINANCE NO. MC-1674 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 26-14, ADDING A NEW CHAPTER 19.21 TO THE SAN BERNARDINO DEVELOPMENT CODE ESTABLISHING PROCEDURES FOR EXPEDITING PERMITTING PROCESSING FOR ELECTRIC VEHICLE CHARGING SYSTEMS AND HYDROGEN FUEL-CELL FUELING STATIONS IN COMPLIANCE WITH STATE LAW; AND FINDING THAT DEVELOPMENT CODE AMENDMENT 26- 14 IS EXEMPT FROMUNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of San Bernardino, California (“City”) is a charter city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, California Government Code Section 65850.7 requires cities and counties to regulate and permit electrical vehicle (“EV”) charging stations and hydrogen fuel-cell fueling stations through a streamlined building permit process; and WHEREAS, the City’s Municipal Code (SBMC) does not currently address electric vehicle (“EV”) charging stations and hydrogen fuel-cell fueling stations through a streamlined building permit process; and WHEREAS, the State of California adopted Assembly Bill (“AB”) 1236 and its companion AB 970, which mandate “by-right” administrative approval and strict timelines for local review to reduce barriers to EV charging infrastructure installations; and WHEREAS, AB 1236 requires every city and county in California to adopt an expedited and streamlined permitting process for EV charging stations and hydrogen fuel-cell fueling stations to support broader EV deployment goals; and WHEREAS, AB 970 builds on California’s earlier EV charging permit streamlining law (AB 1236) by establishing specific deadlines for local jurisdictions to process electric vehicle charging station permit applications and tying automatic application approval to jurisdiction inaction; and WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s / County’s reliance on environmentally damaging fossil fuels; and WHEREAS, the City of San Bernardino has a checklist of all requirements needed for expedited review posted on the city’s website; and Packet Page. 38 Ordinance No. MC-1674 -2- WHEREAS, adoption of this ordinance will bring the City of San Bernardino in compliance with State regulations; THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that recommending approval of Development Code Amendment 26-14 and this Ordinance No. MC-1662 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15308. SECTION 3. Finding of Facts – Chapter 19.21 Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: Development Code Amendment DCA 26-14 is consistent with the General Plan in that permitting electric vehicle charging stations and hydrogen vehicle fueling stations in the City with specific objective development standards, is consistent with the goals and polices of the City of San Bernardino Circulation and Natural Resources and Conservation Elements, specifically: Policy 12.6 – Reduce the amount of vehicular emissions in San Bernardino. The City Council acknowledges and finds the proposed Development Code Amendment to permit electric vehicle charging stations and hydrogen fueling stations by-right is reasonably related to the public welfare of the citizens of the City and surrounding region; more specifically, the proposed Development Code Amendment includes appropriate development standards to ensure that the permitted stations meet all City public health and safety standards including Building and Safety Codes. Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The adoption and implementation of a Development Code Amendment that establishes procedures for expediting permitting processing for electrical vehicle charging systems and hydrogen fuel-celling stations promotes the development of these facilities within the City and the region as a whole and has a cumulative impact of reducing emissions in a county known for warehouses and trucking activities. Packet Page. 39 Ordinance No. MC-1674 -3- SECTION 3. Adoption of Ordinance. Development Code Amendment 26-14 adding Chapter 19.21 to the City of San Bernardino Municipal Code (Title 19) in compliance with state law is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 4. Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 26-14. SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 6. Effective Date. This Ordinance takes effect thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this __ day of __________, 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Albert Maldonado, City Attorney Packet Page. 40 Ordinance No. MC-1674 -4- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1674, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held at the 7th day of October, 2026. Ordinance No. MC-1674 was approved, passed and adopted at a regular meeting held the _ day of _____by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2026. Telicia Lopez, CMC, City Clerk Packet Page. 41 EXHIBIT A CHAPTER 19.21 ELECTRIC VEHICLE CHARGING FACILITIES AND HYDROGEN VEHICLE FUELING FACILITIES 19.21.010 PURPOSE The purpose of this Chapter is to promote and encourage the development and use of zero-emission vehicle infrastructure by creating an expedited, streamlined permitting process that does not create unreasonable barriers to the installation of electric vehicle charging stations and hydrogen fueling stations while promoting public health and safety in a manner consistent with Government Code Section 65850.7. This Section does not discourage implementation of alternative fuels and energy systems within existing automobile service stations. 19.21.020 DEFINITIONS A. “Electric Vehicle Charging Station” or “Charging Station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. B. A “small electric vehicle charging station” means a station that is designed and operated as a use ancillary to the primary permitted use on site (such as a single family residence, condominium, apartment, office building, commercial retail, parking lot, garage or structure) in order to deliver electricity to personal or commercial passenger vehicles and trucks owned or operated by individuals who either reside or work on the site or are guests on the site where the charging station is located. C. A “large electric vehicle charging station” means a station that is designed and operated as the primary permitted use on the site in order to charge personal passenger vehicles and trucks and/or commercial passenger vehicles and trucks and which is open to the public, whether with or without the payment of fees, subscriptions or other monetary charges for the service. A “large electric vehicle charging station” includes the electrical and mechanical equipment as defined in Article 625 of the California Electrical Code, and any subsequent amendments, that is necessary to deliver electricity from a source outside and electric vehicle into a plug-in electric vehicle. It does not include ancillary equipment and facilities that are not directly necessary for the charging of plug-in electric vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sale kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this Ordinance and shall be subject to Administrative Architectural and Site Plan Review pursuant to Chapter 19.44 of the City of San Bernardino Development Code. D. “Hydrogen Vehicle Fueling Station” or “Hydrogen station” means a station designed and operated as the primary permitted use on the site with the equipment used to deliver, store, and dispense hydrogen fuel to passenger or commercial vehicles according to industry codes and standards that is open to the public, whether with or without the payment of fees, Packet Page. 42 subscriptions or other monetary charges for service. A “hydrogen vehicle fueling station” includes the physical and mechanical equipment, as defined in industry codes and standards, that is necessary to deliver, store and dispense hydrogen to passenger or commercial vehicles. It does not include ancillary equipment and facilities that are not directly necessary for the delivery, storage and dispensing of hydrogen to hydrogen fuel- cell vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this ordinance and shall be subject to Administrative Architectural and Site Plan Review pursuant to Chapter 19.44 of the City of San Bernardino Development Code. E. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written local, state or federal public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. F. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. G. “Electronic submittal” means the utilization of one or more of the following: 1. Electronic mail or email. 2. The internet. 3. Facsimile. 19.21.030 ELECTRIC VEHICLE CHARGING FACILITIES AND HYDROGEN VEHICLE FUELING FACILITIES A. Applicability. This Chapter applies to the permitting of all electric vehicle charging stations and hydrogen vehicle fueling stations in the City. Electric vehicle charging stations and hydrogen vehicle fueling stations legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a charging station or hydrogen stations in such a way as to require a new permit. B. Electric Vehicle Charging Station Requirements. 1. An electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and where applicable, rules of the Public Utilities Commission and Southern California Edison (“SCE”) or other applicable local electric utility company regarding safety and reliability. Packet Page. 43 2. Installation of electric vehicle charging stations and associated wiring, binding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. 3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load. 4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements. C. Hydrogen Vehicle Fueling Station Requirements. A hydrogen vehicle fueling station shall meet all of the following standards, as applicable: 1. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories. 2. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures. 3. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the “Hydrogen Station Permitting Guidebook.” D. Expedited Permitting Process. Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and hydrogen vehicle fueling stations and adopt checklists of all requirements with which electric vehicle charging stations and hydrogen vehicle fueling stations shall comply with in order to be eligible for expedited review. For electric vehicle charging stations, the expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. For hydrogen vehicle fueling stations, the expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Hydrogen Station Permitting Handbook” as published by the Governor ’s Office of Business and Economic Development. The City’s adopted checklist shall be published on the City’s website. E. Permit Application Process. 1. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station or hydrogen vehicle fueling station will not have specific, adverse impact to public health and safety and Packet Page. 44 building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station or hydrogen station equipment and associated conduits/piping/ducting; and areas of charging station or hydrogen station equipment and vehicle circulation or parking. 2. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize, connect, fill or otherwise utilize an electrical vehicle charging station or hydrogen fueling station until approval and all necessary permits are granted by the City. 3. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. 4. For an electric vehicle charging station, the Building Official shall issue the notice not later than: (a) Five business days after submission of the application, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site. (b) Ten business days after submission of the application, if the application is for more than 25 electric vehicle charging stations at a single site. If the Building Official fails to issue a written correction notice to the applicant within the time prescribed, the application shall be deemed complete. 5. A permit application for an electric vehicle charging station shall demonstrate compliance with Southern California Edison utility policies prior to approval. 6. The Building Official shall allow for electronic submittal of permit applications covered by this Chapter and associated supporting documentation. In accepting such permit applications, the Building Official shall also accept electronic signatures on all form, applications, and other documentation in lieu of a wet signature by any applicant. F. Permit Review. 1. The Building Official shall review all electric vehicle charging station and hydrogen vehicle fueling station applications to determine whether the charging station or hydrogen station meets all health and safety requirements of local, state, and federal law. The requirements in this Section are declared to be limited to those standards necessary to ensure that the charging station or hydrogen station will not have an unmitigated specific adverse impact on public health and safety. Notwithstanding the expedited permit processing set forth in this Chapter, the Packet Page. 45 Building Official retains authority at all times to identify and address higher priority life-safety situations. 2. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist and is consistent with all applicable laws and safety standards, the Building Official shall, consistent with Government Code section 65850.7, as may be amended, approve the application and issue all necessary permits. 3. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station or hydrogen vehicle fueling station could have a specific, adverse impact upon the public health or safety, the City may deny the permit and require the applicant to apply for a conditional use permit pursuant to Chapter 19.36 of the City of San Bernardino Development Code. For an electric vehicle charging station, the Building Official shall issue the denial and finding not later than: (a) Twenty business days after the application is deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site. (b) Forty business days after the application is deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site. If the Building Official fails to issue to the applicant a written denial/finding and referral to the Planning Commission for a conditional use permit within the time prescribed, the application shall be deemed approved. 4. The Building Official’s decision may be appealed by the applicant to the Planning Commission by submitting a written request of review of such decision within five business days of such decision, requesting review of such decision by the Planning Commission. Such request shall be made in writing to the Community Development & Housing Department. Upon receipt of such request, the Community Development & Housing Department shall schedule the matter for Planning Commission review and shall forward to the Planning Commission for its consideration all of the documents and materials submitted with the permit application, together with a report of the decision of the Building Official and the reasons therefor. The Planning Commission may act upon the application as if it were the initial consideration of the application. No public hearing shall be required for such action. If the Planning Commission finds that there is not substantial evidence of a specific, adverse impact upon the public health or safety, the Planning Commission shall order issuance of the permits for the charging station or hydrogen station. If the Planning Commission finds that there is substantial evidence of a specific, adverse impact upon the public health or safety, the Planning Commission shall order that the applicant apply for a conditional use permit pursuant to Chapter 19.36 of the City of San Bernardino Development Code. Packet Page. 46 5. Notwithstanding any provision of Chapter 19.36 to the contrary, an application for a conditional use permit to install an electric vehicle charging station or hydrogen vehicle fueling station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission’s decision may be appealed by the applicant to the City Council in the manner provided by Chapter 19.52 of the City of San Bernardino Development Code. 6. Any conditions imposed by the Building Official, Planning Commission or the City Council shall be designed to mitigate the specific adverse impact(s) upon the public health or safety at the lowest cost possible. 7. In the technical review of an electric vehicle charging station or hydrogen vehicle fueling station application, the Building Official, Planning Commission, or City Council shall not condition the approval of such a station by an association, as that term is defined in California Civil Code Section 4080. G. Additional Objective Health and Safety Standards for Electric Vehicle Charging Stations and Hydrogen Vehicle Fueling Stations. 1. Building setbacks: Same as underlying zoning. 2. Amenities. Amenities and other ancillary equipment and facilities that are not directly necessary for the charging of plug-in electric vehicles from an outside source, or the delivery, storage or dispensing of hydrogen to hydrogen fuel-cell vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities, are not subject to the expedited application and permitting requirements of this ordinance but shall be subject to Administrative Architectural and Site Plan Review pursuant to Chapter 19.36 of the City of San Bernardino Development Code. 3. Building Height: Same as underlying zoning. 4. Security: All large electric vehicle charging stations and hydrogen fueling stations shall include a security plan subject to review and approval by the Community Development & Housing Department and the Police Department. The security plan may include, but is not limited to a security surveillance system, security personnel, or a perimeter wrought iron or tubular steel fence with visibility into the facility at a maximum height of 8 feet. 5. Vehicle Types and Circulation/Parking: The applicant shall identify the vehicle types served by the station. (a) Access/Internal Circulation/ Egress from the Site. The applicant shall provide appropriate truck and other vehicle turning templates on plan Packet Page. 47 subject to review and approval by the City Planning Division and Public Works Engineering/Traffic. (b) Driveways, parking, and queuing areas shall comply with all Fire Codes, Traffic Engineering and Planning/Zoning requirements. (c) All proposed signage for the station shall be subject to Chapter 19.22 of the City of San Bernardino Development Code. H. Fees. The City Council may establish by resolution fees that shall be charged for permits issued under this Chapter. Packet Page. 48 Packet Page. 49 Development Code Amendment 26-14 Electric Vehicle Charging Presented by George Velarde, Senior Planner Community Development and Housing Department Packet Page. 50 Background: •Electric Vehicles have a longstanding history •1901 Porche had developed the first hybrid •1908 Ford produced the Model T •1920-1935 decline in electric vehicles with internal combustion, abundance in oil and cheaper, widespread gas •1973- 1993 Organization of Petroleum Exporting Countries (OPEC) •2010-present Packet Page. 51 Background: •California State and Regulatory Agencies goal setting •CalEPA •California Air Resources Board (CARB) Packet Page. 52 Significant Changes: AB 1236 ▪ Requires all California cities and counties to develop an expedited, streamlined permitting process for electric vehicle charging ▪Permit checklist online ▪Administrative, non-discretionary approval ▪Provide an incomplete letter ▪Provides definitions Packet Page. 53 Significant Changes: AB 970 ▪Builds on California’s existing permit streamlining law (AB 1236) ▪Set time frames for review based on the number of chargers ▪Focus on review to health and safety requirements ▪Expands on local review ▪Discusses primary vs. accessory uses Packet Page. 54 Flowchart and Timeframe Packet Page. 55 Recommendation: The Mayor and City Council: 1. Introduce, read by title only and waive further reading of Ordinance No. MC -1662 of the Mayor and City Council of the City of San Bernardino, California, establishing procedures for expediting permit processing for electric vehicle charging stations. 2. Schedule the adoption of Ordinance No. MC-1662 to the regularly scheduled meeting of the Mayor and City Council on October 21, 2026. Packet Page. 56 This space for filing stamp only OR#: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 4080272 Vanessa Alvarado CITY OF SAN BERNARDINO/CITY CLERK - LEAD 201 N. E ST. BUILDING A SAN BERNARDINO, CA - 92401 HRG - NOTICE OF HEARING DEVELOPMENT CODE AMENDMENT 26-14 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 09/26/2026 09/28/2026 SAN BERNARDINO !A000007525390! Email Packet Page. 57 NOTICE OF PUBLIC HEARING CITY COUNCIL OF THE CITY OF SAN BERNARDINO NOTICE IS HEREBY GIVEN that the City of San Bernardino Mayor and City Council will hold a public meeting on October 7, 2026 at 5:00 PM in the City Council Chambers in the Norman F. Feldheym Central Library at 555 West 6th Street, San Bernardino, California. Visit the City’s agenda portal at www.sbcity.org to access more meeting information. The purpose of the hearing is to consider the following: DEVELOPMENT CODE AMENDMENT 26-14 – A City-initiated request to add a new chapter (19.21) to the San Bernardino Development Code establishing procedures for expediting permitting processing for electric vehicle charging systems and hydrogen fuel-cell fueling stations. Environmental Determination: Exempt, pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Enviornment), Section 15303 (New Construction or Conversion of Small Structures), Section 15311 (Accessory Structures) and Section 15061(b)(3) of the State CEQA Guidelines Applicant: City of San Bernardino – Community Development & Housing Department Notice is further given that members of the public who wish to comment on the public hearing you may participate in the following ways: 1) comments and contact information can be emailed to publiccomments@sbcity.org by 2:30 P.M. the day of the scheduled meeting; 2) attending the meeting in person and providing your public comment in person, not to exceed three minutes. If you challenge the matter in court, you may be limited to raising only those issues you or someone else raised at the public meeting described in this notice or written correspondence delivered to the City Clerk at or prior to the public meeting. The City endeavors to be in total compliance with the Americans with Disabilities Act. If you require assistance or auxiliary aids to participate in the meeting, please contact the City Clerk’s Office as far in advance of the meeting as possible. Additional information concerning the above matter may be obtained from, and written comments should be addressed to, San Bernardino City Clerk, 290 North D Street, San Bernardino, California 92401. CNSB # 4080272 Packet Page. 58 3 0 3 4 PUBLIC HEARING October 7, 2026 Honorable Mayor and City Council Members 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; 2. Introduce Ordinance MC-1669 amending 19.28 (Landscaping Standards); Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19) Incorporating New Soil, Mulch, and Amendment Requirements for Water Efficient Landscaping (All Wards) 3. Schedule the adoption of Ordinance MC-1669 to the regular meeting of the Mayor and City Council on October 21, 2026. The City Manager recommends approval to introduce the Ordinance after opening the Public Hearing. The City of San Bernardino Development Code Section 19.28.120 Water Efficient Landscaping Standards was last amended by Municipal Code Ordinance (MC) 1368 in February 2012. The ordinance does not reflect all the language and requirements necessary to comply with California Code of Regulations, which requires jurisdictions to enforce Model Water Efficient Landscape Ordinance (“MWELO”), as enacted January 2, 2025. Therefore, the City Development Code must be amended with Packet Page. 59 3 0 3 4 language requiring applicable landscape projects to comply with the soil preparation, compost, mulch, and recycled/post-consumer organic mulch requirements of MWELO and SB 1383 implementing regulations. Background In 2016, the California Legislature and the Governor of California enacted Senate Bill (SB) 1383, which amended the California Code of Regulations (CCR) Title 14, Division 7, Chapter 12. The legislation (Short-lived Climate Pollutants (SLCP): Organic Waste Reductions) aims to reduce methane and other greenhouse gas (GHG) emissions statewide. SB 1383 is overseen by CalRecycle, while the implementation is managed by individual jurisdictions. In order to meet the requirements of SB 1383, which became effective as of January 1, 2022, all jurisdictions are expected to implement ordinances, franchise requirements, and other regulations as necessary to achieve compliance. Failure to meet these requirements may result in administrative and financial penalties. Title 14, Division 7, Chapter 12, Article 8, Section 18989.2 (Model Water Efficient Landscape Ordinance) of the California Code of Regulations requires that a jurisdiction adopt an ordinance or other enforceable requirement requiring compliance with Title 23, Division 2, Chapter 2.7, Section 493.2(d)(2), (3), (4), and (7) of MWELO, as enacted January 2, 2025. Although the current SBMC Title 19 does include much of the language and requirements of MWELO, it was last updated in 2012 prior to the current MWELO regulatory text. Discussion The City of San Bernardino Development Code Section 19.28.120 Water Efficient Landscaping Standards was last amended by Municipal Code Ordinance (MC) 1368 in February 2012. The ordinance does not reflect all the language and requirements necessary to comply with SB 1383 and MWELO respectively. Therefore, the City Development Code must be amended with language requiring applicable landscape projects to comply with the state-mandated MWELO soil preparation, compost, mulch, and recycled/post-consumer organic mulch provisions. The requirements of MWELO Sections 493.2(d)(2), (3), (4), and (7) read as follows: 493.2(d) Soil Preparation, Mulch, and Amendments. 2. Soil amendments shall be incorporated according to recommendations of the soil management report and what is appropriate for the plants selected (See Section 493.1) 3. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of pervious area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top six inches of soil are exempt from adding compost and tilling. 4. A minimum three-inch (3”) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turfgrass areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. Packet Page. 60 3 0 3 4 A. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch and identified in the landscape design plan (see Section 493.2(a)(11)). 7. Organic mulch made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. A. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. (Public Resource Code section 4291). SB 1383 requires the City to adopt only the MWELO sections defined in the regulatory text – not the entirety of MWELO. However, to effectively implement the required sections of the MWELO, the City development code should also reflect other changes to applicable projects for the proposed subsection(s). The proposed addition to the development code includes language to incorporate the applicable soil preparation, compost, mulch, and recycled/post-consumer organic mulch requirements set forth in Title 23, Division 2, Chapter 2.7, Section 493.2(d)(2), (3), (4), and (7) of the CCR. This language update includes by reference applicable provisions within the proposed section, including project thresholds. The specific section additions include Section 19.28.120(1)(B), confirming that the City’s Water Efficient Landscaping Standards are intended to be at least as effective as MWELO; Section 19.28.120(14), incorporating applicable MWELO provisions related to soil preparation, mulch, and amendments; Section 19.28.120(15), establishing restrictions on non-functional turf; and Section 19.28.120(16), adding definitions to support consistent interpretation and implementation of the amended standards. In doing so, the Development Code will have continuity with MWELO, SB 1383, and related water conservation requirements. The proposed ordinance also retains non-functional turf restrictions and related definitions to support implementation of the City’s water efficient landscaping standards and to provide clear standards for applicants, staff, and the public. The proposed ordinance was presented to Planning Commission held on June 9, 2026, where it was unanimously approved and forwarded as a recommendation to Mayor and City Council. The proposed ordinance and accompanying staff were presented to the Mayor and City Council as a discussion item on September 2, 2026, and was unanimously approved. However, this change affects the City’s Development Standards – requiring the ordinance to be heard as a Public Hearing. A Notice of Public Hearing was published in a local paper on September 26, 2026. The proposed ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that the adoption of an ordinance to Packet Page. 61 3 0 3 4 implement state-mandated water efficiency requirements will not result in a significant effect on the environment. The City is amending the existing Landscaping Standards in a capacity necessary to implement MWELO, as contained in Title 14, Division 7, Chapter 12, Article 8, Section 18989.2 of the California Code of Regulations. Therefore, no further CEQA review is required. 2021-2025 Strategic Targets and Goals Ordinance No. MC-1669 Amending Section 19.28.120 Water Efficient Landscape Standards aligns with Key Target Goal No. 1e: Minimize risk and litigation exposure. By updating the Development Code to reflect the requirements of the CalRecycle regulations, the City minimizes the risk of penalties and fines for non-compliance. Fiscal Impact It is anticipated projects subject to the new MWELO requirements can expect marginal increased costs for materials and hauling related to new landscaping compost and mulch incorporation. Other marginal costs may be associated with engineering design and compliance management. Landscape plan checks are not anticipated to see an increased cost and have an existing review and inspection workflow process. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce Ordinance MC-1669 amending 19.28 (Landscaping Standards); Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19) Incorporating New Soil, Mulch, and Amendment Requirements for Water Efficient Landscaping (All Wards). 2. Schedule the adoption of the above Ordinance to the regular meeting of the Mayor and City Council on October 21, 2026. Attachments 1. Attachment 1 19.28.120 Water Efficient Landscaping – Amendment Ordinance MC-1669 2. Attachment 2 Ordinance MC-1669 3. Attachment 3 Proof of Publication 20260926 4. Attachment 4 Powerpoint Presentation: 19.28.120 Water Efficient Landscaping – Amendment Ordinance MC-1669 Ward: All Wards Synopsis of Previous Council Actions: June 9, 2026 Resolution of the Planning Commission of the City of San Bernardino, California, Amending Title 19 (Land Use/Subdivision Regulations); Chapter 19.28 (Landscaping Standards); Section Packet Page. 62 3 0 3 4 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19) In Order to Update the Development Standards in Compliance with Recent Changes in the State of California Law Senate Bill 1383 Requiring Model Water Efficient Landscape Ordinance (MWELO). CC Eric Levitt, City Manager Packet Page. 63 LANDSCAPING STANDARDS – 19.28 III-19.28-1 CHAPTER 19.28 LANDSCAPING STANDARDS Section Page 19.28.010 Purpose ...........................................................................................................III-19.28-1 19.28.020 Application .....................................................................................................III-19.28-2 19.28.030 General Regulations ......................................................................................III-19.28-2 19.28.040 Screening Requirements ...............................................................................III-19.28-4 19.28.050 Standards for Parking Areas .........................................................................III-19.28-7 19.28.060 Setback and Parkway Treatment Standards .................................................III-19.28-8 19.28.070 Corner Treatment Standards .........................................................................III-19.28-9 19.28.080 Installation of Landscaping ...........................................................................III-19.28-9 19.28.090 Maintenance of Landscaping ........................................................................III-19.28-9 19.28.100 Removal or Destruction of Trees .................................................................III-19.28-9 19.28.110 Erosion Control Landscaping ........................................................................ III-19.28-10 19.28.120 Water Efficient Landscaping Standards ........................................................ III-19.28-10 19.28.130 Applicable Regulations .................................................................................. III-19.28-24 Tables 28.01 Screening Requirements ............................................................................... III-19.28-5 Guidelines (G)19.28.140 Landscaping Design Guidelines ............................................................ III-(G)19.28-25 19.28.010 PURPOSE The purpose of this Chapter is to establish landscaping regulations that are intended to: 1.Enhance the aesthetic appearance of development in all areas of the City by providing standards relating to quality, quantity and functional aspects of landscaping and landscape screening. 2.Increase compatibility between residential and abutting commercial and industrial land uses. 3.Reduce the heat and glare generated by development. 4.Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety. 5.Water is an increasingly and costly resource. It is the intent of this chapter to establish a water conservation plan to reduce water consumption in the landscape environment by using drought tolerant principals. (MC 871 5/2/93) Packet Page. 64 LANDSCAPING STANDARDS – 19.28 III-19.28-2 19.28.020 APPLICATION A concept landscaping plan shall be submitted as part of a permit application, pursuant to Chapter 19.32 (Applications and Fees). The concept plan shall meet the intent of this Chapter by exhibiting a generalized design layout which adequately demonstrates the desired landscaping program in terms of location, size/scale, function, theme and similar attributes. The concept plan shall provide the review authority with a clear understanding of the landscaping program prior to the preparation of a detailed, comprehensive landscaping plan. 19.28.030 GENERAL REGULATIONS The comprehensive landscaping plan shall be prepared following approval of the permit application by the review authority. Submittal of the comprehensive plan shall be concurrent with the grading plan(s) and other documents and reports. This section and those that follow provide the regulations to be followed in the preparation of the comprehensive landscape program. In addition to the following regulations, the Director of Community Development shall have the discretion to determine the conformance of a landscape and irrigation plan. 1.Landscape designs shall be in harmony with the surrounding environment. 2.Landscape design and construction shall emphasize drought-tolerant landscaping whenever/wherever possible. 3.Processing of landscape plans shall conform to the policies and procedures of the Department of Community Development. A fully dimensioned comprehensive landscape and irrigation plan shall include, but not be limited to: +List of Plants (Common & Latin) +Size +Location +Irrigation Plan +Hardscape +Water Elements +Any other information deemed necessary by the Director 4.The planting of trees and shrubs shall comply with the following installation requirements: A.Landscape areas shall have plant material selected and planting methods used which are suitable for the soil and climatic conditions of the site. Sizes of the plant materials shall conform to the following mix: Trees 20%, 24 inch box; 50%, 15 gallon; Packet Page. 65 LANDSCAPING STANDARDS – 19.28 III-19.28-3 In addition, mature trees shall be provided for variety and emphasis of focal areas as follows: 15% mature specimen trees in 36 inch box 15% mature specimen trees in 48 inch box Shrubs 80%, 5 gallon; and 20%, 1 gallon Groundcover 100% coverage within 1 year B.Trees shall be long-lived (minimum life expectancy of 60 years), clean, require little maintenance, be structurally strong, insect and disease resistant, and require little pruning. C.Trees and shrubs shall be planted so that at maturity they do not interfere with service lines, Traffic Safety Sight Area, basic property rights of adjacent property owners, particularly the right of solar access, pursuant to Section 19.20.030 (23) (Solar Energy Design Standards). D.Trees planted near public curbs shall have a limited root structure and shall be installed in such a manner as to prevent physical damage to sidewalks, curbs, gutters and other public improvements. A deep root system shall be used. 5.Where trees are planted in paved areas, they shall have a protective tree grate. Tree grates shall be caste iron with a natural finish. A deep root system shall be used. 6.Concrete mow strips are required to separate all turf areas from other landscaped areas for all developments except single family residential. 7.Buffer planting shall occur along all freeways and major arterials in order to visually screen uses and provide noise reduction. This landscaping shall be in addition to screening requirements set forth in Section 19.28.040 below. 8.Appropriate shrubbery and creeping vines shall be provided along all walls and fences adjoining public rights-of-way. 9.When inorganic groundcover is used, it shall be in combination with live plants and shall be limited to an accent feature. 10.All landscaping shall have an approved automatic irrigation system. 11.All residential subdivisions shall be provided with trees, shrubs, and ground cover of a type and quality generally consistent or compatible with those characterizing single-family homes in the front yard and that portion of the side yards which are visible from the street. All landscaped areas shall be provided with an automatic irrigation system adequate to insure their viability. The landscape and irrigation plans shall be approved by the Community Development Department. Packet Page. 66 LANDSCAPING STANDARDS – 19.28 III-19.28-4 19.28.040 SCREENING REQUIREMENTS 1.Every development shall provide sufficient screening so that neighboring properties are effectively shielded from any adverse impacts of that development or so that the new developing use shields itself from existing potential impacts from uses already in operation. 2.Table 28.01 sets forth the type of screening method required between various uses in order to provide a mechanism to buffer potential negative impacts. To determine the type of screening required (Type A, B, or C), find the use in the "Developing Use" column which is similar to the proposed use to be developed and follow that line across the page to its intersection with the type of use(s) that adjoins the property to be developed. For each intersection square that contains a letter, the developer is required to install the level of screening indicated. Packet Page. 67 LANDSCAPING STANDARDS – 19.28 III-19.28-5 TABLE 28.01 SCREENING REQUIREMENTS Kennels A A A C C A C Veterinary Hospitals with Boarding A A A C C A C Not Totally Enclosed within a Structure A A A A Totally Enclosed within a Structure C C C A C Scrap Materials, Salvage Yards A A A A C Uses Conducted Substantially Outdoors A A A A C Uses Conducted Totally Indoors C C C A C Restaurants & Night Clubs A A A A A A A A C A A A Hotels & Motels B B A B A A A A A C A A A Commercial Recreation B B B B B C A B A Equipment Rental Yard A A A A C B Auto Service & Repair A A A A C B A Retail Sales B B A C A A B A A B A A A Fraternal Clubs, Lodges, Union Halls C C C C C A A C A A B A A Hospitals & Clinics over 10,000 s.f.A A C A C A C A A A A B B A A A A A A A Churches & Associated Uses B B B C C A B A A C A A A B A A Schools (public/private) and Libraries A C A B A A A A A A C A B A A A B A A A All Office Uses Including Medical A A B A A C B C A A C A A A B A A A Adult & Child Care Facilities B B C C A C A B A A A A B A A A A A A A A A Group Care Facilities B B C A A A A B A A A A B A A A A A A A A A Mobile/Modular Home Parks C C B C B B A B A A A A B A A A A A A A A A Multi-Family Residences C B B C B B A B A A A A A A A A A A A A A A One & Two-Family Residences A B A B A B A B A A A A A A A A A A A A A A Adjacent Existing or Permitted Use On e & T w o - F a m i l y Re s i d e n c e s Mu l t i - F a m i l y R e s i d e n c e s Mo b i l e / M o d u l a r H o m e Pa r k s Gr o u p C a r e F a c i l i t i e s Ad u l t & C h i l d C a r e F a c i l i t i e s Al l O f f i c e U s e s I n c l u d i n g Me d i c a l Sc h o o l s ( p u b l i c / p r i v a t e ) a n d Li b r a r i e s Ch u r c h e s & A s s o c i a t e d U s e s Ho s p i t a l s & C l i n i c s o v e r 10 , 0 0 0 s . f . Fr a t e r n a l C l u b s , L o d g e s , Un i o n H a l l s Re t a i l S a l e s Au t o S e r v i c e & R e p a i r Eq u i p m e n t R e n t a l Y a r d Co m m e r c i a l R e c r e a t i o n Ho t e l s & M o t e l s Re s t a u r a n t s & N i g h t C l u b s Us e s C o n d u c t e d T o t a l l y In d o o r s Us e s C o n d u c t e d Su b s t a n t i a l l y O u t d o o r s Sc r a p M a t e r i a l s , S a l v a g e Ya r d s To t a l l y E n c l o s e d w i t h i n a St r u c t u r e No t T o t a l l y E n c l o s e d w i t h i n a S t r u c t u r e Ve t e r i n a r y H o s p i t a l s w i t h Bo a r d i n g Ke n n e l s DE V E L O P I N G U S E 1. R E S I D E N T I A L 2. O F F I C E , F I N A N C I A L 3. I N S T I T U T I O N A L , SO C I A L 4. C O M M E R C I A L 5. M A N U F A C T U R I N G & S T O R A G E 6. P U B L I C U T I L I T Y IN S T A L L A T I O N S 7. O T H E R U S E S Packet Page. 68 LANDSCAPING STANDARDS – 19.28 III-19.28-6 3.The three basic types of screens that are required by Table 28.01 "Screening Requirements," are as follows: A. OPAQUE SCREEN, TYPE A A screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of a wall, fence, or densely planted vegetation. Compliance of planted vegetative screens will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 10 feet wide. Suggested planting patterns are shown in Figure 28-1. B. SEMI-OPAQUE SCREEN, TYPE B A screen that is opaque from the ground to height of 3 feet, with intermittent visual obstruction from above the opaque portion to a height of at least 20 feet. The semi- opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, or planted vegetation. Compliance of planted vegetative screens will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 15 feet wide. C. BROKEN SCREEN, TYPE C A screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen may contain deciduous plants. 4.The screening requirements set forth in this section may be interpreted with some flexibility by the Director and Commission in their enforcement of the standards. It is recognized that because of the wide variety of types of developments and the relationships between them, it is neither possible nor prudent to establish inflexible screening requirements. Therefore, minor deviations may be granted to allow less intensive screening, or requirements for more intensive screening may be imposed, whenever such deviations are more likely to satisfy the intent of this section. Packet Page. 69 LANDSCAPING STANDARDS – 19.28 III-19.28-7 19.28.050 STANDARDS FOR PARKING AREAS In addition to landscaping of all required setback areas, a minimum of 15% of the net area of all surface parking areas shall be landscaped as follows: A.Where parking areas adjoin a public right-of-way, a landscaped planting strip equal to the required yard setback shall be established and continuously maintained between the public right-of-way and parking area. Any planting, sign, or any other structure within safety sight distance of a driveway shall not exceed 30 inches in height. B.Provisions shall be made to ensure that adequate pedestrian paths are provided throughout the landscaped areas. At least one 24-inch box tree for every four spaces shall be included in the development of the overall landscape program. The maximum spacing between trees in parking areas shall be 30 feet; however, appropriate clustering of trees may be permitted. C.All areas in a parking lot not used for driveways, maneuvering areas, parking spaces, or walks, shall be permanently landscaped with suitable materials and permanently maintained, pursuant to a program submitted by the applicant and approved by the Director of the Parks and Recreation Department. Packet Page. 70 LANDSCAPING STANDARDS – 19.28 III-19.28-8 D.All landscaped areas shall be bordered by a concrete curb that is at least six inches high and six inches wide. All landscaped areas shall be a minimum of six feet in width. Concrete now strips at least six inches deep and four inches wide shall be required to separate turf areas from shrub areas. E.A permanent and automatic irrigation system shall be installed and permanently maintained in all landscaped areas. The system shall employ state-of-the-art water conservation technology and recognize differing irrigation needs of various plant materials. F.The landscaping plan shall provide for a variety of plant materials, with an emphasis on drought tolerant species, appropriate for the local environment and shall include a legend showing common names, sizes, quantities, location, dimensions of planted area, and percentage of parking lot landscaping. G.To increase the parking lot landscaped area, a maximum of 2½ feet of the parking stall depth may be landscaped in lieu of asphalt while maintaining the required parking dimensions. This overhang is in addition to the required yard setbacks. (MC 1381 12/19/12) 19.28.060 SETBACK AND PARKWAY TREATMENT STANDARDS Landscape plans for setback and parkway areas shall include, but not be limited to the following: 1.Setback and parkway areas shall be properly designed and landscaped in order to establish a high level of development quality while providing for neighborhood identity where appropriate. The design shall utilize uniform street tree plantings with complementary landscape materials. 2.Provide a design which ensures the desired screening, shading, appearance and compatibility with established setback and parkway areas, including a sensitive transition between diverse landscape types and patterns. 3.Incorporate mounding within the overall design, with landscaped slopes not exceeding a 3:1 ratio, or three feet in height. A minimum of six feet of landscaping shall be placed on the exterior of perimeter walls and fences. 4.Incorporate walls and fences into the landscape design, including the special treatment of meandering walls, and wall breaks or openings where the design shall complement the interior landscaping of the adjacent development. 5.Street tree varieties and exact location shall be determined by the Director of Community Development. The Community Development Department shall approve the locations and inspect plant material on-site, prior to planting. Sidewalks, curb and gutter, must be clean of debris prior to marking. A 24-hour notice is required for inspection. The size of the street trees shall be 24 inch box specimens. The 24 inch box trees shall be planted as street trees within the public parkway or City property. Packet Page. 71 LANDSCAPING STANDARDS – 19.28 III-19.28-9 19.28.070 CORNER TREATMENT STANDARDS Landscape plans for any development involving corner lots shall include additional special design requirements, including, but not limited to the following: 1.A minimum landscape area of 300 square feet for corner areas. 2.Incorporate significant landscape and water features, including specimen trees, coordination with wall breaks or openings, and special "city entry" image treatment wherever appropriate. 3.Specimen trees shall be a minimum of 48-inch box size. 4.Ensure that any corner landscape plan within the "Traffic Safety Sight Area," as defined, shall be designed to protect public safety. 19.28.080 INSTALLATION OF LANDSCAPING All required landscaping shall be property installed, irrigated, inspected and permanently maintained prior to use inauguration or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation. 19.28.090 MAINTENANCE OF LANDSCAPING 1.Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features. 2.Prior to the issuance of a Certificate of Occupancy, the landowner shall file a maintenance agreement or covenant and easement to enter and maintain, subject to the approval of the City Attorney. The agreement or covenant and easement to enter and maintain shall ensure that if the landowner, or subsequent owners, fails to maintain the required/installed site improvements, the City will be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance. 19.28.100 REMOVAL OR DESTRUCTION OF TREES Removal of healthy, shade providing, aesthetically valuable trees shall be discouraged. In the event that more than five trees are to be cut down, uprooted, destroyed or removed within a 36 month period, a permit shall first be issued by the Department. An arborist survey and report may be required at the developer’s expense, to evaluate existing trees prior to the issuance of a tree removal permit, as determined by the Director of Community Development. Unless there is a pre-approved tree replacement plan, each tree that is removed in a new subdivision and is determined to be of significant value by the Community Development Director shall be replaced with a 36 inch box specimen tree in the subdivision in addition to any other required landscaping. Such a plan does not necessarily require a tree for tree replacement provision. Commercial tree farms, City Government projects, and individual single-family residential lots less than one acre shall be exempt from this provision. Packet Page. 72 LANDSCAPING STANDARDS – 19.28 III-19.28-10 19.28.110 EROSION CONTROL LANDSCAPING Landscaping for the purpose of erosion control shall be in compliance with the standards outlined in Chapter 15 of the Municipal Code. 19.28.120 WATER EFFICIENT LANDSCAPING STANDARDS (MC 1368 02/08/12) 1. PURPOSE AND INTENT A.The purpose of this Chapter is to: (1)Promote the aesthetic and recreational values of landscapes, while recognizing the need to invest water resources as efficiently as possible; (2)Establish a structure for planning, designing, installing and maintaining water efficient landscapes in new construction and rehabilitated projects; (3)Establish provisions for water management practices and water waste prevention in the irrigation of existing landscapes; (4)Implement water quality management practices that minimize storm water and irrigation runoff, to achieve on-site filtration and groundwater recharge; (5)Promote and encourage the use of low water use plants in landscapes; (6)Minimize the use of cool season turf; (7)Promote conservation of potable water by encouraging the use of recycled water and water-conserving technology in landscape irrigation; and (8)Promote public education about water conservation and water efficient landscape irrigation. B.This Chapter is intended to be at least as effective as the Model Water Efficient Landscape Ordinance (MWELO), as set forth in Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, as may be amended from time to time. 2. APPLICABILITY After January 1, 2010, the provisions of this Chapter shall apply as follows: (1)This Chapter shall apply to all new construction and rehabilitated landscape projects with a landscape area equal to or greater than 500 square feet, consistent with Section 491 of the Model Water Efficient Landscape Ordinance.; Packet Page. 73 LANDSCAPING STANDARDS – 19.28 III-19.28-11 (2). B.Limited applicability. Existing landscapes, cemeteries and certain Special Landscape Areas are exempt from the provisions of this Chapter as follows: (1)Existing landscapes installed before January 1, 2010 and exceeding one acre in area are subject only to water waste prevention and efficient irrigation requirements of Sections 19.28.110(12) and 19.28.110(13). (2)New cemeteries or cemetery expansion projects exceeding 2,500 square feet in landscape area shall be subject to the Water Efficient Landscape worksheet requirement and the irrigation analysis and maintenance requirements of Section 19.28.110(9) and Section 19.28.110(10). (3)New development or rehabilitation of landscapes including Special Landscape Areas (SLAs), such as edible landscapes, landscapes irrigated with recycled water, and active parks or sport field landscaping shall be subject to the provisions of this Ordinance, except that the Maximum Applies Water Allowance (MAWA) shall be adjusted to provide for adequate irrigation of SLAs. C.Exemptions. The provisions of this Chapter shall not apply to the following exempt landscapes: (1)Registered local, state or federal historic sites; (2)Ecological restoration projects that do not require permanent irrigation systems; (3)Mined land restoration projects that do not require permanent irrigation systems; (4)Botanical gardens and arboretums open to the public. 3. LANDSCAPE DESIGN STANDARDS AND PLANNING GUIDELINES For the efficient use of water, landscapes shall be carefully designed and planned to thrive in local soil and climatic conditions and to suit the intended function of the project. The following design guidelines shall also be considered in landscape planning: A.Plant Selection: (1)Native plants and drought-tolerant species are encouraged to promote low maintenance, water efficient landscapes. Packet Page. 74 LANDSCAPING STANDARDS – 19.28 III-19.28-12 (2)Any plant may be used in the landscape, provided that the Estimated Annual Applied Water Use (EAWU) does not exceed the Maximum Annual Applied Water Allowance (MAWA). (3)Plants with similar water use requirements shall be grouped together in “hydrozones” wherever possible. (4)Turf areas should be limited mainly to active recreation areas and small lawns. Where turf is used, it should not be planted on slopes greater than 4:1, and warm season varieties are preferred. (5)Fire resistant plant species and fuel modification requirements shall be top priority for landscape design in high fire hazard areas. (6)Invasive plant species should be avoided, especially near natural areas, fuel modification zones, parks and water bodies. (7)The use of mulch is encouraged for moisture retainment. (8)Plant placement shall be planned to create shade in summer and permit solar gain in winter. (9)Plant size and root characteristics at maturity should be considered in plant selection and placement, to avoid damage to property or infrastructure. (10)Plant selection and water use classifications shall be based on the most current edition of the Water Use Classification of Landscape Species (WUCOLS). B.Water Features: (1)Recirculating water systems shall be used for all decorative water features. (2)If available, recycled water should be used in decorative water features, except pools and spas. (3)The surface area of a water feature shall be included in MAWA calculation with an evaporation rate equivalent to that of a high water use plant. (4)Pool and spa covers are highly recommended. C.Content Requirements of Landscape Design Plans: (1)Each hydrozone shall be identified as a “low”, “moderate”, “high”, or “mixed” water use zone. (2)Landscape areas with unique water budget considerations, such as recreation areas, areas dedicated to edible landscapes, and areas to be irrigated with recycled water shall be delineated. Packet Page. 75 LANDSCAPING STANDARDS – 19.28 III-19.28-13 (3)Areas planned for soil amendments, mulch application, surface water features, and hardscapes (pervious and impervious) shall be delineated with applicable notes regarding installation and design. Packet Page. 76 LANDSCAPING STANDARDS – 19.28 III-19.28-14 (4)On-site design measures for storm water quality management shall be identified to demonstrate consistency with the corresponding Water Quality Management Plan (WQMP). 4. IRRIGATION REQUIREMENTS A.All irrigation systems shall be designed and maintained to prevent runoff, over-spray, low head drainage and other conditions of water waste. Soil types and infiltration rates shall be considered when designing irrigation systems, and irrigation plans shall be designed to meet specific water needs of each hydrozone, to maximize the efficiency of the irrigation systems. All non-turf areas shall be irrigated with low-volume irrigation systems. B.Dedicated (separate) landscape water meters shall be installed at new project sites with landscape areas greater than 5,000 square feet, subject to concurrence of the water purveyor. C.The following equipment shall be required to control water waste in new irrigation systems subject to this Ordinance. (1)Automatic irrigation controllers that utilize evapotranspiration or soil moisture sensor data to adjust the frequency and/or duration of irrigation in response to changing weather conditions. (2)Rain sensors with automatic shut-off features. (3)Anti-drain check valves to prevent low-head drainage in sprinkler heads. (4)Pressure regulators as needed when the static water pressure exceeds the maximum recommended operating pressure. (5)Manual shut-off valves located as close as possible to the point of connection to the water supply, to minimize water loss in case of an emergency or a routine repair. (6)A master shut-off valve or flow sensor device shall be installed to detect high flow conditions. D.Irrigation Design Standards: (1)The irrigation systems shall be designed and installed to conform to the project water budget (MAWA), based on planting plans for the project hydrozones; (2)Overhead irrigation shall not be permitted within a 24-inch setback from any non- permeable surface. Allowable irrigation within such setback areas may include drip, drip line, or other low flow, non-spray technology. The setback may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: a.the landscape area is adjacent to permeable surfacing and no runoff occurs; or b.the adjacent non-permeable surfaces are designed and constructed to drain Packet Page. 77 LANDSCAPING STANDARDS – 19.28 III-19.28-15 entirely to landscaping; or Packet Page. 78 LANDSCAPING STANDARDS – 19.28 III-19.28-16 c.the irrigation designer specified an alternative design or technology as part of the Landscape Documentation Package, and clearly demonstrates compliance with the requirements of this Ordinance. (3)Slopes greater than 25% shall not be irrigated within an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the irrigation designer specified an alternative design or technology as part of the Landscape Documentation Package, and clearly demonstrates that no excess runoff or erosion will occur. This demonstration shall be confirmed by an irrigation audit. E.The irrigation plan shall be prepared separate from the landscape planting plan, but it shall be consistent with the planting plan and shall conform to all the requirements of this Ordinance. F.A Water Management Plan shall be prepared to accompany the irrigation plan, in accordance with the requirements of this Ordinance. The Water Management Plan shall describe the irrigation system in detail, identify parties responsible for maintenance of the irrigation system, and set a plan and schedule for management of the system. G.Recycle Water. Dual water distribution systems allowing irrigation with recycled water are encouraged, and may be required to be installed on new construction sites, at the discretion of the water purveyor, and subject to availability. 5. LANDSCAPE SOIL MANAGEMENT AND LANDSCAPE GRADING REQUIREMENTS A.Soil testing shall be performed after mass grading and prior to landscape installation, to ensure the selection of plant materials is suitable for the site. The soil analysis shall be incorporated in a soil management plan, including the following: (1)A determination of soil texture, indicating the available water holding capacity; (2)An approximate soil infiltration rate, or a range of infiltration rates; (3)Measures of pH and total soluble salts; and (4)Soil management and amendment regulations. B.Grading of landscape areas shall be designed to minimize unnecessary soil compaction, erosion, and water waste. Landscape grading shall be designed to prevent runoff, avoid disruption and natural drainage patterns and to support on-site infiltration of storm water and irrigation water for water quality management. 6. LANDSCAPE PLAN SUBMITTAL REQUIREMENTS A Landscape Documentation Package prepared by a licensed landscape architect shall be required for any new construction of landscape or landscape rehabilitation that is normally subject to building or landscape plan review and permits. The Landscape Documentation Package shall contain the following elements: Packet Page. 79 LANDSCAPING STANDARDS – 19.28 III-19.28-17 A.Project information: (1)Date; (2)Project applicant; (3)Project address or location; (4)Total landscape area in square feet; (5)Project type (e.g., new, rehabilitated, public, private, developer or homeowner installed, cemetery, park, etc.); (6)Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor; (7)Checklist of all documents in the Landscape Documentation Package; (8)Contact information for the project applicant and property owner; (9)Applicant signature, dated with the statement, “I agree to comply with the requirements of the Water Efficient Landscape Ordinance and submit a complete Landscape Documentation Package.” B.Water Efficient Landscape Worksheet. Worksheet examples, sample calculations and the Reference Evapotranspiration (ETo) Table for the City of San Bernardino are available in the Department of Community Development to guide preparation of the required elements of the Water Efficient Landscape Worksheet, including: (1)Hydrozone information table; (2)Water budget calculations: (a)Maximum Applied Water Allowance (MAWA); (b)Estimated Total Water Use (ETWU); C.Landscape design plan, prepared according to Section 19.28.120(3); D.Irrigation design plan, prepared according to Section 19.28.120(4); E.Soil management report, prepared according to Section 19.28.120(5)(A); and F.Grading design plan, prepared according to Section 19.28.120(5)(B). Packet Page. 80 LANDSCAPING STANDARDS – 19.28 III-19.28-18 7. COMPLIANCE DOCUMENTATION A.Certificate of Completion. Prior to issuance of a Certificate of Occupancy or final inspection for a new construction project or a landscape rehabilitation project, a Certificate of Completion shall be submitted to the City, signed by a licensed landscape architect to certify that: (1)The landscaping has been installed in conformance with the approved planting and irrigation plans; (2)The automatic irrigation controller has been set according to the irrigation schedule; (3)The irrigation system has been adjusted to maximize irrigation efficiency and eliminate over-spray and runoff; and (4)A copy of the irrigation schedule has been given to the property owner. B.Completed Landscape Documentation Packages and Certificated of Completion shall be made available for review by the water purveyor. Sites found to be out of compliance with the provisions of this Ordinance may be subject to landscape water audits and compliance enforcement by the water purveyor. 8. IRRIGATION SCHEDULING A.For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: (1)Irrigation scheduling shall be regulated by automatic irrigation controllers. (2)Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside of the normal watering window is allowed for auditing and system maintenance. (3)For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current ETo, so that applied water meets the ETWU. Total annual applied water shall be less than or equal to (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. 9. LANDSCAPE AND IRRIGATION MAINTENANCE SCHEDULE A.Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion. Packet Page. 81 LANDSCAPING STANDARDS – 19.28 III-19.28-19 B.A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning and weeding in all landscape areas; and removing any obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. C.Repair of all irrigation equipment shall be cone with the originally installed components or their equivalents. D.A project applicant is encouraged to implement sustainable or environmentally friendly practices for overall landscape maintenance. 10. IRRIGATION AUDIT, IRRIGATION SURVEY, AND IRRIGATION WATER USE ANALYSIS A.All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. B.For new landscape construction and rehabilitated landscape projects installed after January 1, 2010: (1)The project applicant shall submit an irrigation audit report with the Certificate of Completion to the City that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. (2)The City or the water purveyor may conduct or require an irrigation water use analysis, irrigation audit or irrigation survey for compliance with the MAWA. C.For existing landscapes that were installed before January 1, 2010 and are over one acre in size, the City or the water purveyor may require irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations a necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes, which shall be calculated as: MAWA = (0.8)(ETo)(LA)(0.62). All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. 11. IRRIGATION EFFICIENCY A.For the purpose of determining Maximum Applied Water Allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 0.71. 12. PROVISIONS FOR EXISTING LANDSCAPE A.The City or the water purveyor may enforce the requirements contained in this Ordinance, and may assess penalties for water waste in existing landscapes constructed prior to January 1, 2010. Packet Page. 82 LANDSCAPING STANDARDS – 19.28 III-19.28-20 13. WATER WASTE PREVENTION A.Water waste resulting from inefficient landscape irrigation is prohibited. Runoff of irrigation water into the public right-of-way caused by low head drainage, broken sprinkler heads, overspray or other similar conditions shall be prohibited. Overspray or runoff onto adjacent property, non-irrigated areas walks roadways parking lots, or structures shall be prohibited Restrictions regarding overspray ad runoff may be modified if: (1)The landscape area is adjacent to permeable surfacing and no runoff occurs; or (2)The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping. 14. MODEL WATER EFFICIENCY ORDINANCE (MWELO) SOIL PREPARATION, MULCH, AND AMENDMENTS. (Ordinance MC-XXX) A.All applicable provisions of the Model Water Efficient Landscape Ordinance (MWELO), as set forth in Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, are hereby incorporated by reference. The provisions of MWELO shall apply in the event of any conflicts with the other terms and conditions of this chapter. 15. NON-FUNCTIONAL TURF RESTRICTIONS. A. ‘Non-functional turf’ means turf that is ornamental and not regularly used for human recreational purposes. B. The use of potable water for irrigation of non-functional turf on commercial, industrial, and institutional properties is prohibited in accordance with California law. C. Turf shall be prohibited in: (1) Medians and parkways; (2) Slopes greater than 25 percent; and (3) Landscape areas less than 10 feet in width. D. Turf shall be limited to functional areas only in all new development. 16. DEFINITIONS The terms used in this ordinance have the meaning set forth below: A.“Applied water” means the portion of water supplied by the irrigation system to the landscape. B.“Automatic irrigation controller” means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather based) or soil moisture data. C.“Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. Packet Page. 83 LANDSCAPING STANDARDS – 19.28 III-19.28-21 D.“Certificate of Completion” means the document required under Section 19.28.120(7). E.“Certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization, or other program such as the US Environmental Protection Agency’s WaterSense irrigation designed certification program and Irrigation Association’s Certified Irrigation Designer Program. F.“Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor Program. G.“Check valve” or “anti-drain valve” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. Packet Page. 84 LANDSCAPING STANDARDS – 19.28 III-19.28-22 H.“Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. I.“Conversion factor (0.62)” means the number that converts acre-inched per acre per year to gallons per square per square foot per year. J.“Drip irrigation” means any non-spray mow volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. K.“Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. L.“Effective precipitation” or “Usable rainfall” (Eppt) means the portion of total precipitation which becomes available for plant growth. M.“Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil. N.“Established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. O.“Establishment period of the plants” means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. P.“Estimated Total Water Use” (ETWU) means the total water used for the landscape as described in Section 19.28.120(6)(B). Q.“ET Adjustment Factor” (ETAF) means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of the calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7)=(0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes is 0.8. R.“Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specific time. S.“Functional turf” means turf that is regularly used for human recreational purposes or civic activities, including, but not limited to, sports fields, parks, playgrounds, and picnic areas. Turf located in areas not intended for such active use, including ornamental or aesthetic purposes only, shall not be considered functional turf. T.“Flow rate” means the rate at which water flows through pipes, valves and emission Packet Page. 85 LANDSCAPING STANDARDS – 19.28 III-19.28-23 devices, measured in gallons per minute, gallons per hour, or cubic feet per second. U.“Graywater” means untreated wastewater that has not come into contact with toilet waste and includes, but is not limited to, wastewater from bathtubs, showers, bathroom wash basins, clothes washing machines, and laundry tubs. Graywater does not include wastewater from kitchen sinks or dishwashers and may be reused for landscape irrigation in accordance with applicable state and local regulations. V.“Hardscapes” means any durable material (pervious and non-pervious). Packet Page. 86 LANDSCAPING STANDARDS – 19.28 III-19.28-24 W.“Homeowner-provided landscaping” means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for the purposes of this Ordinance, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner-occupied dwellings. X.“Hydrozone” means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated. Y.“Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). Z.“Invasive plant species” means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agriculture agencies as noxious species. “Noxious weeds” means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. AA.“Irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. AN irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. BB.“Irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements. CC.“Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test and written recommendations to improve performance of the irrigation system. DD.“Irrigation water use analysis” means an analysis of water use data based on meter readings and billing data. EE.“Landscape architect” means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615. FF.“Landscape area” means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, or other pervious or non- pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation.) GG.“Landscape contractor” means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. Packet Page. 87 LANDSCAPING STANDARDS – 19.28 III-19.28-25 HH.“Landscape Documentation Package” means the documents required under Section 19.28.110(6). II.“Landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this Ordinance, meeting requirements under Section 19.28.110(2). JJ.“Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. II.“Local agency” means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project. JJ.“Local water purveyor” means any entity, including a public agency, city, county, or private water company that provides retail water service. KK.“Low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. LL.“Main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet. MM.“Maximum Applied Water Allowance” (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 19.28.110(6)(B). It is based upon the area’s reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowances. Special Landscape Areas, including recreation areas, area permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. NN.“Microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. OO.“Mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. PP.“Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. Packet Page. 88 LANDSCAPING STANDARDS – 19.28 III-19.28-26 QQ.“New construction” means, for the purpose of this Ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. RR.“Non-functional turf” means turf that is not regularly used for human recreational purposes or civic activities and serves a primarily ornamental or aesthetic purpose. Non-functional turf includes, but is not limited to, turf located in medians, parkways, streetscapes, commercial landscaping, and other areas where public access or active use is limited or absent. SS.“Operating pressure” means the pressure at which the parts of an irrigation system are designed be the manufacturer to operate. TT.“Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors). UU.“Overspray” means the irrigation water which is delivered beyond the target area. VV.“Permit” means an authorizing document issued by local agencies for new construction and rehabilitated landscapes. WW.“Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil. XX.“Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this Ordinance, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Ordinance are derived from the Department of Water Resources 2000 publication “Water Use Classification of Landscape Species”. YY.“Precipitation rate” means the rate of application of water measured in inches per hour. ZZ.“Project applicant” means the individual or entity submitting a Landscape Documentation Package required under Section 19.28.110(6), to request a permit, plan check, or design review from the City. A project applicant may be the property owner or his or her designee. AAA. “Rain sensor” or “rain sensing shutoff device” means a component which automatically suspends an irrigation event when it rains. BBB. “Record drawing” or “as-builts” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. CCC. “Recreational area” means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface. Packet Page. 89 LANDSCAPING STANDARDS – 19.28 III-19.28-27 DDD. “Recycled water”, “reclaimed water”, or “treated sewage effluent water” means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. Packet Page. 90 LANDSCAPING STANDARDS – 19.28 III-19.28-28 EEE. “Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in the sample materials referenced in Section 19.28.110(6)(B), and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated. FFF. “Rehabilitated landscape” means any re-landscaping project that requires a permit, plans check, or design review, meets the requirements of Section 19.07.020, and the modified landscape area is equal to or greater than 2,500 square feet, is 50% of the total landscape area, and the modifications are completed within one year. GGG. “Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. HHH. “Smart irrigation controller” means an automatic irrigation controller that uses evapotranspiration (weather-based) data or soil moisture sensor data to automatically adjust irrigation scheduling in response to changing environmental conditions, including temperature, rainfall, humidity, and soil moisture levels, in order to optimize water use efficiency. III. “Soil moisture sensing g device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. JJJ. “Soil texture” means the classification of soil based on its percentage of sand, silt, and clay. KKK. “Special Landscape Area” (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active pan such as parks, sports fields, golf courses, and where turf provides a playing surface. LLL.“Sprinkler head” means a device which delivers water through a nozzle. MMM. “Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing. NNN. “Station” means an area served by one valve or by a set of valves that operate simultaneously. OOO.“Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. PPP. “Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue and Tall fescue are cool-season grasses. Packet Page. 91 LANDSCAPING STANDARDS – 19.28 III-19.28-29 Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses. QQQ. “Valve” means a device used to control the flow of water in the irrigation system. Packet Page. 92 LANDSCAPING STANDARDS – 19.28 III-19.28-30 RRR. “Water conserving plant species” means a plant species identified as having a low plant factor. SSS. “Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features, and therefore, are not subject to the water budget calculation. TTT. “Watering window” means the time of day irrigation is allowed. UUU. “WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000. (MC 1320 1/4/10) 19.28.130 APPLICABLE REGULATIONS All landscape plans shall be subject to the applicable regulations of the Development Code, including, but not limited to, Article IV, Administration provisions. Packet Page. 93 Ordinance No. 1669 1 ORDINANCE NO. MC-1669 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING TITLE 19 (LAND USE/SUBDIVISION REGULATIONS); CHAPTER 19.28 (LANDSCAPING STANDARDS); SECTION 19.28.120 OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE (SBMC TITLE 19) TO UPDATE WATER EFFICIENT LANDSCAPING STANDARDS IN ACCORDANCE WITH SENATE BILL 1383 AND THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE WHEREAS the City of San Bernardino, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City recognizes that efficient water use and sustainable landscape practices will support responsible resource management and contribute to the health, safety, and welfare of the community; and WHEREAS, the Model Water Efficient Landscape Ordinance (“MWELO”) is set forth in Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, and local agencies must adopt, implement, and enforce MWELO or a local water efficient landscape ordinance that is at least as effective as MWELO; and WHEREAS, California Code of Regulations, Title 14, Division 7, Chapter 12, Article 8, Section 18989.2, adopted pursuant to Senate Bill 1383, requires each jurisdiction to adopt an ordinance or other enforceable requirement requiring compliance with Title 23, Division 2, Chapter 2.7, Section 493.2(d)(2), (3), (4), and (7) of MWELO, as enacted January 2, 2025; and WHEREAS, the proposed amendments also retain non-functional turf restrictions and related definitions to support implementation of the City’s water efficient landscaping standards and to provide clear standards for applicants, staff, and the public; and WHEREAS, the City desires to adopt and enforce the MWELO, as amended, such as provisions related to landscape design, irrigation efficiency, and organic mulch use; and WHEREAS, the Department of Water Resources’ amendments to MWELO were approved by the Office of Administrative Law and became effective on January 2, 2025; and WHEREAS, the Planning Commission of the City of San Bernardino adopted Resolution No. 2026-13 – PC, forwarding a recommendation that the Mayor and City Council: a. Determine that Development Code Amendment 26-13 is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3); and b. Approve the Development Code Amendment based on the Findings of Fact; and Packet Page. 94 Ordinance No. 1669 2 WHEREAS, the Mayor and City Council of the City of San Bernardino desires to update the City’s enforceable MWELO requirements to maintain compliance with applicable state law and reduce the risk of state enforcement or penalties; and WHEREAS, the Mayor and City Council of the City of San Bernardino now desires to amend its local regulatory scheme for MWELO to reflect the most recent changes to state law by amending Title 19, Chapter 19.28, Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19). NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DOES ORDAIN AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Amendment of Section 19.28.120. Section 19.28.120 of Chapter 19.28 of Title 19 of the San Bernardino Municipal Code is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference. SECTION 3. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California. SECTION 4.CEQA. The City Council determines that the Ordinance is exempt from California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that the adoption of an ordinance to implement state- mandated water efficiency requirements will not result in significant effect on the environment. The City is amending the existing Landscaping Standards in a capacity necessary to implement MWELO, as contained in Title 14, Division 7, Chapter 12, Article 8, Section 18989.2 of the California Code of Regulations. The City Council hereby directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance. SECTION 5.Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Ordinance are declared to be severable. SECTION 6. Effective Date. This Ordinance shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of ____ 2026. Helen Tran, Mayor City of San Bernardino Packet Page. 95 Ordinance No. 1669 3 Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Albert J. Maldonado, City Attorney Packet Page. 96 Ordinance No. 1669 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1669, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held on the 7th day of October, 2026. Ordinance No. MC-1669 was approved, passed and adopted at a regular meeting held the _ day of _____by the following vote: SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 21 day of October 2026 Telicia Lopez, CMC, City Clerk Packet Page. 97 This space for filing stamp only OR#: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 4081460 Vanessa Alvarado CITY OF SAN BERNARDINO/CITY CLERK - LEAD 201 N. E ST. BUILDING A SAN BERNARDINO, CA - 92401 HRG - NOTICE OF HEARING MCC Public Hearing Notice I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 09/26/2026 09/28/2026 SAN BERNARDINO !A000007527734! Email NOTICE OF PUBLIC HEARING CITY COUNCIL OF THE CITY OF SAN BERNARDINO NOTICE IS HEREBY GIVEN that the City of San Bernardino Mayor and City Council will hold a public meeting on October 07,2026 at 5:00 PM in the City Council Chambers in the Norman F.Feldheym Central Library at 555 West 6thStreet,San Bernardino,California.Visit the City's agenda portal at www.sbcity.org to access more meeting information. The purpose of the hearing is to consider the following: The City of San Bernardino proposes to amend Development Code Section 19.28.120,Water Efficient Landscaping Standards,to update the City's landscaping requirements to comply with applicable provisions of the State's Model Water Efficient Landscape Ordinance (MWELO) and SB 1383.The proposed amendments would incorporate requirements for soil preparation, compost,mulch,recycled/post- consumer organic mulch,and restrictions on non-functional turf, as well as related definitions and project thresholds.The proposed ordinance was unanimously recommended for approval by the Planning Commission on June 9, 2026.The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Notice is further given that members of the public who wish to comment on the public hearing you may participate in the following ways:1)comments and contact information can be emailed to publiccomments@SBCity.Org by 2:30 P.M.the day of the scheduled meeting;2)attending the meeting in person and providing your public comment in person,not to exceed three minutes. If you challenge the matter in court, you may be limited to raising only those issues you or someone else raised at the public meeting described in this notice or written correspondence delivered to the City Clerk at or prior to the public meeting. The City endeavors to be in total compliance with the Americans with Disabilities Act.If you require assistance or auxiliary aids to participate in the meeting,please contact the City Clerk's Office as far in advance of the meeting as possible. Additional information concerning the above matter may be obtained from,and written comments should be addressed to,San Bernardino Packet Page. 98 City Clerk,290 North "D"Street,San Bernardino,California 92401. Telicia Lopez,CMC City Clerk 9/26/26 SBS-4081460# Packet Page. 99 Introduce, Read by Title Only, and Waive Further Reading, Ordinance No. MC-1669 Amending Section 19.28.120 (Water Efficient Landscaping Standards) of the City of San Bernardino Development Code (SBMC Title 19). City of San Bernardino Mayor and City Council Meeting October 7, 2026 Matthew Fisher Environmental Programs Coordinator Department of Public Works Packet Page. 100 •California State Senate Bill (SB) 1383, enacted in 2016, and effective January 1, 2022, requires jurisdictions to adopt an ordinance or other enforceable requirement requiring compliance with California Code of Regulations Section 493.2(d)(2), (3), (4), and (7) of MWELO, as enacted January 2, 2025. •The current San Bernardino Development Code Title 19 (SBMC) does include much of the language and requirements of MWELO. •Section 19.28.120 Water Efficient Landscaping Standards were last amended by a MC ordinance in February 2012. Predating the current CCR. What is the purpose of this change? Packet Page. 101 What additions are being included in the ordinance? •The Water Efficient Landscaping standard must be amended with language requiring applicable landscape projects to comply with state-mandated MWELO soil preparation, compost, mulch, and recycled/post-consumer organic mulch provisions. •SB 1383 requires the City to adopt only the MWELO sections defined in the regulatory text – not the entirety of MWELO. •To effectively implement the required sections of the MWELO, the City development code should also reflect other changes to applicable projects for the proposed subsection(s). Packet Page. 102 Requirements of MWELO Sections 493.2(d)(2), (3), (4), and (7) (Shortened) •2: Soil amendments incorporated according to recommendation of the soil management report and what is appropriate for the plants selected. •3: Minimum incorporation of compost at a minimum of four cubic yards per 1,000 square feet of pervious area, to a depth of six-inches. •4: Minimum three-inch layer of mulch applied on all exposed soil surfaces of planting areas. To provide habitat for insects and other wildlife, up to 5% of the landscape area may be left without mulch. •7: Organic mulch made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products. Packet Page. 103 Proposed Additions to SBMC Title 19 •19.28.120(1)(B): A new section included confirming that the City’s Water Efficient Landscaping Standards are intended to be at least as effective as MWELO. •19.28.120(14): Primary change that is directly adopting MWELO 493.2(d) by reference. Incorporates applicable MWELO provisions related to soil preparation, mulch, and amendments. •19.28.120(16): Adds definitions for consistent interpretation and implementation of the amended standards. Existing definitions found in Title 19 may be contradictory to the section; this change will resolve this concern. Packet Page. 104 CEQA Consideration The proposed project is exempt from the requirements of CEQA pursuant to Guidelines Section 15061(b)(3), as it can be seen with certainty that the adoption of the ordinance will not result in a significant effect on the environment. The City is amending the existing Landscaping Standards in a capacity necessary to implement MWELO, as contained in Section 18989.2 of the CCR. Therefore, no further CEQA review is required. Packet Page. 105 Conclusion and Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: Introduce, read by title only, and waive further reading, Ordinance No. MC-1669 amending Section 19.28.120 of the City of San Bernardino Development Code (SBMC Title 19). Schedule the adoption of the above Ordinance to the regular meeting of the Mayor and City Council on October 21, 2026. Packet Page. 106 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Jasmine Glover-Mcnamara Animal Services It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-160 authorizing the City Manager to eliminate two vacant Shelter Veterinarian positions and one vacant Animal Control Officer II position and reallocate existing funding to support veterinary, shelter operations, and facility maintenance staffing; and approve an increase in the Department of Animal Services authorized permanent staffing from 70 to 71 full-time equivalent (FTE) positions. The City Manager recommends approval. The Department of Animal Services is requesting approval to realign existing positions and implement staffing adjustments necessary to sustain operations as a high-intake municipal shelter. These changes are funded entirely through the reallocation of existing salary and benefit appropriations associated with three vacant positions. No additional General Fund appropriation is requested. The proposed staffing realignment includes the elimination of two vacant Shelter Veterinarian positions and one Animal Control Officer II position. In their place, the Department will expand veterinary coverage by adding additional Per Diem Veterinarians or offering additional scheduling days to existing Per Diem Veterinarians, while also adding one Animal Services Supervisor to oversee the Veterinary Services Division, one Registered Veterinary Technician (RVT), one Veterinary Assistant, five seasonal Animal Shelter Attendants during peak season, and one Facilities Maintenance Mechanic. Packet Page. 107 These staffing adjustments represent a strategic, cost-conscious approach to improving operational efficiency and strengthening in-house medical capabilities while limiting the expansion of permanent full-time staffing to essential operational needs. Based on the proposed staffing model, approximately $183,678.50 in annual personnel costs are anticipated to be reimbursed through the regional partner agreements, representing 30% of the $612,261.66 total annual staffing cost. That leaves approximately $428,583.16, or 70%, attributable to San Bernardino. During FY 2025/26, the Department cared for more than 10,000 live animals, completed 2,615 surgeries, facilitated 3,753 adoptions, and coordinated 2,898 rescue placements. Background On June 15, 2022, the Mayor and City Council adopted Resolution No. 2022-125, authorizing the establishment of the Shelter Veterinarian classification to support in- house veterinary services and improve medical care capacity at the Department of Animal Services. Since that time, the Department has made consistent recruitment efforts to fill Shelter Veterinarian positions. Despite these efforts, recruitment for two full-time Shelter Veterinarian positions has remained unsuccessful for nearly three years due to competitive salary structures and benefits offered by private and corporate veterinary practices that exceed those available within municipal government. In response to these recruitment challenges, the Department transitioned to a Per Diem Veterinarian model to maintain continuity of medical services and surgical operations. This model has proven effective in supporting medical shelter needs while allowing the Department to maintain flexibility in staffing levels. The effectiveness of this model is demonstrated by the Department's significant increase in surgical capacity. During FY 25-26, seven Per Diem Veterinarians performed 2,615 spay and neuter surgeries. As veterinary services have expanded, the Department has identified the need for additional temporary shelter staff support, veterinary support, dedicated supervision, and facility maintenance to sustain this level of service. The proposed staffing realignment reallocates existing resources to better align with the Department's operational needs. Discussion The Department of Animal Services is considered a high-intake municipal shelter based on FY 25/26 annual live impounds of 10,344 animals. At peak capacity, the shelter houses approximately 500 dogs in addition to 150 cats and other animals requiring daily husbandry, veterinary care, cleaning, enrichment, customer service, and adoption services. The Department also processed 1,376 deceased animal transactions during the fiscal year. While often overlooked, these cases require staff time for customer service, intake, documentation, handling, and final disposition, adding to the daily operational workload of both customer service and shelter staff. Staff completed 3,753 adoptions, facilitated 2,898 rescue placements, and coordinated thousands of daily animal care interactions throughout the fiscal year. The Per Diem Veterinarian model has proven effective in maintaining surgical capacity. Increasing our Per Diem Veterinarians, Registered Veterinary Technicians, Veterinary Packet Page. 108 Assistants, and seasonal Shelter Attendants will allow us to stay on trend to further increase our surgery capacity to meet our goal of ensuring every adopted animal leaves the shelter spayed or neutered. Municipal shelter environments are not competitive with private and corporate veterinary practices, which often offer higher salaries, signing incentives, and expanded workplace benefits. Our 61-year-old shelter is not designed to offer an adequate surgical suite, medical clinic, modern technology or basic diagnostic capabilities, further reducing our chances of obtaining a full-time veterinarian. Within FY 2025/26, the Department spent nearly $56,440 on outside veterinary services to treat sick and injured animals. During the fiscal year, Per Diem Veterinarians provided only ten days of shelter medicine coverage. As a result, many procedures including laceration repairs, splinting, prolapse reductions, enucleations, and hematoma repairs were outsourced to outside veterinary clinics despite the potential for these services to be performed in-house with expanded Per Diem coverage and appropriate veterinary support staff. External treatment costs average $1,200 to $1,400 per animal, while the Per Diem Veterinarian rate of $1,500 per day becomes cost-neutral or cost-saving when even a single case is treated in-house. Expanding in-house veterinary capacity would not only reduce treatment costs but also improve continuity of care, decrease transportation and administrative burdens, and allow animals to receive treatment more quickly. Due to the age and operational demands of the Department’s 61-year-old shelter facility, Animal Services submits hundreds of maintenance and facility repair requests annually related to plumbing, kennel repair, electrical systems, gates, fencing, drainage, HVAC, flooring, sanitation systems, and general wear associated with housing more than 10,000 live animals annually. Establishing a dedicated on-site Facilities Maintenance Mechanic assigned to Animal Services would significantly reduce response times, improve preventative maintenance, lessen the burden on the City’s Facilities Department, and ensure critical repairs are addressed quickly in a complex operational environment that functions as a shelter, veterinary medical facility, surgery center, and public safety operation. The proposed staffing adjustments are funded through the elimination of two vacant Shelter Veterinarian positions and one vacant Animal Control Officer II position. Based on current salary and benefit allocations, the total cost of requested positions is $612,261.66, offset by $612,354.65 in exchanged position funding. This results in a net decrease of $92.99 in annual salary and benefit costs. The proposed realignment results in a net increase of one permanent full-time equivalent (FTE) position, increasing the Department's authorized permanent staffing from 70 to 71 FTEs. Although the realignment increases permanent FTEs by one, the associated salary and benefit costs remain within existing appropriations through the elimination and reallocation of three vacant positions. Packet Page. 109 Strategic Goals and Priorities Aligns with Strategic Goal #1: Improved Operational & Financial Capacity by strategically reallocating existing resources to better align staffing with operational demands, improving efficiency, reducing reliance on outsourced veterinary services, and maximizing the use of existing budgeted positions without increasing the Department's overall personnel budget and Strategic Goal #3: Improved Quality of Life by strengthening veterinary services, improving shelter operations, expanding surgical capacity, and ensuring the Department can continue providing timely, humane care for animals while supporting public health and safety. Fiscal Impact The proposed staffing realignment is budget neutral and will be funded through the reallocation of existing salary and benefit appropriations associated with three currently vacant positions. No additional General Fund appropriation is requested. The realignment increases the Department’s authorized permanent staffing by one FTE, from 70 to 71, while remaining within existing salary and benefit appropriations. Seasonal Animal Shelter Attendant costs assume five positions at up to 1,000 hours each annually. Per Diem Veterinarian costs assume 49 additional scheduled veterinarian days annually at the established Per Diem rate. Based on the proposed staffing model, approximately $183,678.50 in annual personnel costs are anticipated to be reimbursed through regional partner agreements, representing approximately 30% of the $612,261.66 total annual staffing cost. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-160 authorizing the City Manager to eliminate two vacant Shelter Veterinarian positions and one vacant Animal Control Officer II position and reallocate existing funding to support veterinary, shelter operations, and facility maintenance staffing; and approve an increase in the Department of Animal Services authorized permanent staffing from 70 to 71 full-time equivalent (FTE) positions. Attachments Attachment 1 - Animal Services Salary & Benefits for Exchanges & Additional Funded Positions Attachment 2 - Resolution 2026-000 Animal Services Staffing Realignment and Shelter Support Adjustments Attachment 3 - Animal Services Org Chart Proposed Positions Ward: All Wards Packet Page. 110 Synopsis of Previous Council Actions: June 15, 2022 Adopted Resolution No. 2022-125 approving the job classification and salary schedule for the Shelter Veterinarian job classification. CC: Eric Levitt, City Manager Packet Page. 111 Attachment 1 Animal Services Salary & Benefits for Exchanges & Additional Funded Positions Positions to be Exchanged BASE PAY MEDICARE CALPERS HEALTH BUDGET TOTAL SALARIES & BENEFITS TOTAL POSITION COST Animal Control Officer II 65,139.98$ 944.53$ 6,989.52$ 21,978.00$ 95,052.03$ 95,052.03$ Veterinarian 217,330.46$ 3,151.29$ 23,319.56$ 14,850.00$ 258,651.31$ 258,651.31$ Veterinarian 217,330.46$ 3,151.29$ 23,319.56$ 14,850.00$ 258,651.31$ 258,651.31$ 612,354.65$ Positions to be Funded BASE PAY MEDICARE CALPERS HEALTH BUDGET TOTAL SALARIES & BENEFITS TOTAL POSITION COST SBTS Seasonal Shelter Attendant (5) x 1000 hrs 19,680.00$ 285.36$ -$ -$ 99,826.80$ 99,826.80$ Per Diem Veterinarian (49 Additional Scheduled Days)73,500.00$ 1,065.75$ -$ -$ 74,565.75$ 74,565.75$ Registered Vet Tech 75,454.10$ 1,094.08$ 8,096.22$ 29,396.40$ 114,040.81$ 114,040.81$ Veterinary Assistant 58,795.29$ 852.53$ 6,308.73$ 29,396.40$ 95,352.96$ 95,352.96$ Animal Services Supervisor 86,298.40$ 1,251.33$ 9,259.82$ 29,396.40$ 126,205.95$ 126,205.95$ Facilities Maintenance Mechanic 64,960.78$ 941.93$ 6,970.29$ 29,396.40$ 102,269.40$ 102,269.40$ 612,261.66$ Packet Page. 112 Resolution No. 2026-160 RESOLUTION NO. 2026-160 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ELIMINATE TWO VACANT SHELTER VETERINARIAN POSITIONS AND ONE VACANT ANIMAL CONTROL OFFICER II POSITION; ESTABLISH AND FUND ONE ANIMAL SERVICES SUPERVISOR, ONE REGISTERED VETERINARY TECHNICIAN, ONE VETERINARY ASSISTANT, AND ONE FACILITIES MAINTENANCE MECHANIC POSITION; AUTHORIZE FIVE SEASONAL ANIMAL SHELTER ATTENDANT POSITIONS AND ADDITIONAL PER DIEM VETERINARIAN COVERAGE; AND INCREASE THE DEPARTMENT OF ANIMAL SEVICES AUTHORIZED PERMANENT STAFFING FROM 70 TO 71 FULL-TIME EQUIVALENT POSITIONS. WHEREAS, on June 15, 2022, the Mayor and City Council adopted Resolution No. 2022-125 authorizing the establishment of the Shelter Veterinarian classification to support in-house veterinary services and improve medical care capacity within the Department of Animal Services; and WHEREAS, despite consistent recruitment efforts, two full-time Shelter Veterinarian positions have remained vacant for nearly three years due to competition from private and corporate veterinary practices; and WHEREAS, the Department has transitioned to a Per Diem Veterinarian model that has successfully maintained surgical capacity, with seven Per Diem Veterinarians performing 2,615 spay and neuter surgeries during Fiscal Year 2025/26; and WHEREAS, the Department has identified the need for expanded shelter medicine coverage, veterinary support staff, dedicated veterinary services supervision, seasonal shelter staffing, and dedicated facility maintenance support to sustain shelter operations and increase in-house medical capacity; and WHEREAS, the proposed staffing realignment eliminates two vacant Shelter Veterinarian positions and one vacant Animal Control Officer II position and reallocates existing salary and benefit appropriations to support the Department's current operational needs; and WHEREAS, the proposed realignment results in a net increase of one permanent full-time equivalent position, increasing the Department of Animal Services' authorized permanent staffing from 70 to 71 FTEs, while remaining within existing salary and benefit appropriations; and WHEREAS, the proposed staffing model has an estimated annual salary and benefit cost of $612,261.66, offset by $612,354.65 in existing exchanged position funding, resulting in a net decrease of $92.99 in annual salary and benefit costs; and WHEREAS, approximately thirty percent (30%) of eligible personnel costs associated with the Packet Page. 113 Resolution No. 2026-160 proposed staffing model are anticipated to be reimbursed through regional partner agreements, estimated at $183,678.50 annually based on the proposed staffing model; and WHEREAS, no additional General Fund appropriation is requested for the proposed staffing realignment. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is authorized to eliminate two vacant Shelter Veterinarian positions and one vacant Animal Control Officer II position. SECTION 2. The City Manager is authorized to establish and fund within the Department of Animal Services one Animal Services Supervisor, one Registered Veterinary Technician, one Veterinary Assistant, and one Facilities Maintenance Mechanic position, resulting in a net increase of one permanent full-time equivalent position and increasing the Department's authorized permanent staffing from 70 to 71 FTEs. SECTION 3. The City Manager is authorized to fund five seasonal Animal Shelter Attendant positions at up to 1,000 hours each annually and to provide funding for forty-nine (49) additional Per Diem Veterinarian days annually at the established Per Diem rate. SECTION 4. The staffing realignment shall be funded through the reallocation of existing salary and benefit appropriations associated with the three eliminated vacant positions. No additional General Fund appropriation is authorized or required by this Resolution. SECTION 5. CEQA. The Mayor and City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it can be seen with certainty that the activity will not have a significant effect on the environment. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. The City Clerk shall certify to the adoption of this Resolution and the same shall become effective immediately. Packet Page. 114 Resolution No. 2026-160 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of October 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, City Clerk Approved as to form: Albert J. Maldonado, City Attorney Packet Page. 115 Resolution No. 2026-160 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-1 6 0 , adopted at a regular meeting held on the 7 t h day of October 2026 by the following vote: Council Members:AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this day of 2026. Telicia Lopez, City Clerk Packet Page. 116 Deputy Director Community Engagement and Customer Service Manager Shelter Operations Manager Management Analyst I Community Programs Supervisor Customer Service Supervisor Lead Kennel AttendantsVolunteer Coordinator Customer Service Representatives Animal Control Officers Executive Assistant Rescue Coordinators Kennel Attendants Field Services Supervisor Foster Coordinators CITY OF SAN BERNARDINO DEPARTMENT OF ANIMAL SERVICES Shelter Operations Supervisors SBTS Kennel Attendants (Additional 5 seasonal staff) Lead Animal Control Officer Dispatchers Per Diem Veterinarian (Additional Funding) Vet Staff Supervisor (New Position) Registered Veterinary Technicians (One New Position) Animal Services Director petsSBCITY Communication & Engagement Coordinator Veterinary Assistants (One new position) Facilities Maintenance Mechanic (New position) Packet Page. 117 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Telicia Lopez, 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 13, 2021 Special Meeting Draft Minutes 2. July 21, 2021 Regular Meeting Draft Minutes 3. September 15, 2021 Regular Meeting Draft Minutes 4. November 3, 2021 Regular Meeting Draft Minutes 5. August 5, 2026 Regular Meeting Draft Minutes 6. August 19, 2026 Regular Meeting Draft Minutes Beginning in 2020, the City Clerk’s Office experienced increased workload demands while operating with limited staffing. At that time, the Office consisted of the City Clerk and one Office Specialist. The increased frequency of special meetings and transition to virtual Zoom meetings contributed to the development of a backlog in Mayor and City Council meeting minutes. Staffing increased to six employees toward the end of 2021; however, the backlog had already developed and became increasingly difficult to address. During 2021– 2022, the City Clerk’s Office was also responsible for coordinating 21 meetings related to the City’s redistricting process, in addition to implementing a new agenda management system and supporting the Primary and General Elections. The office also experienced two staff members on maternity leave at different times during 2022, further affecting available staffing capacity. As of April 2025, there were 79 sets of outstanding Mayor and City Council meeting minutes dating from 2020 through 2024. Through continued efforts, meeting minutes for 2023 through 2026 are now current, and the remaining backlog has been reduced to 24 sets of Mayor and City Council meeting minutes. Packet Page. 118 The City Clerk’s Office will continue prioritizing completion of the remaining backlog while maintaining current meeting minutes on a timely basis. Discussion Insert discussion information here. Include details so the reader has an understanding from start to finish. Strategic Goals and Priorities Consider each item being presented to the Mayor and City Council, determine and briefly describe how this item aligns with the adopted Goals and Objectives. SEE EXAMPLE BELOW: The request for destruction of certain obsolete case files aligns with Goal No. 6: Operate in a fiscally responsible and business-like manner. Destruction of records that have outlived their usefulness as evidence will improve organizational efficiency and effectiveness. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Packet Page. 119 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY THURSDAY, MAY 13, 2021 5:30 PM The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at an unspecified time on Thursday, May 13, 2021, via Web-Conference, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Packet Page. 120 Special Meeting Draft Minutes May 13, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 5/11/2021 PLEDGE OF ALLEGIANCE Council Member Juan Figueroa led the Pledge of Allegiance to the Flag. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA No pre-recorded public comments were received, and written comments were forwarded to the Mayor and City Council. DISCUSSION 1. Presentation of FY 2021/22 Proposed Budget Recommendation That the Mayor and City Council receive a presentation of the FY 2021/22 Proposed Budget and provide direction to staff. Finance Director Barbara Whitehorn presented the proposed budget, including revenues, expenditures, fund balances, the Capital Improvement Plan (CIP), and Measure S funding. Projected revenues were approximately $186.4 million, with investments focused on community health and safety, amenities, deferred maintenance, operations, and customer service. She presented the CIP, including major funding for storm drainage, buildings, traffic controls, parks, and street projects. For Measure S, staff recommended approximately $10.3 million to preserve existing services and $32.4 million for operations and capital improvements, leaving approximately $16.7 million unallocated. Whitehorn also reviewed reserve projections and the revised American Rescue Plan allocation of approximately $77 million. She concluded by outlining the remaining budget process, after which the Council proceeded with questions and discussion. The Mayor and City Council reviewed the proposed budget and Capital Improvement Program, focusing on additional funding for streets, infrastructure, public safety, parks, Code Enforcement, and neighborhood services. Council Members requested additional Code Enforcement and Police staffing, increased street rehabilitation funding, park improvements, and enhanced cleanup, parking enforcement, and public safety efforts. They also discussed street and infrastructure priorities, including Bellevue Avenue, Mount Vernon and Rialto Avenue, Sierra Way, and several additional neighborhood streets. Staff explained project prioritization, carryover projects, and delays related to state and county approvals. Also discussed Nicholson Park, the Animal Shelter, park restroom improvements, technology and permitting, homelessness and affordable housing, cannabis and fireworks revenues, nuisance abatement, and city reserves. Additional requests included expanded downtown and cultural support, recycling services, street-sweeping signage, police community programs, and potential organizational and staffing changes. Staff agreed to provide additional information and consider the requested revisions before the budget was finalized. RESULT: NO ACTION TAKEN Packet Page. 121 Special Meeting Draft Minutes May 13, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/11/2021 ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Thursday, May 13, 2021, at an unspecified time The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, May 19, 2021 via tele-conference. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. Telicia Lopez, CMC City Clerk Packet Page. 122 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JULY 21, 2021 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor John Valdivia on Wednesday, July 21, 2021, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present John Valdivia Mayor Present Robert D. Field City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Packet Page. 123 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. There were no Public Comments for Closed Session. (Pursuant to Government Code Section 54956.9(a) and (d)(1): a. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS203562 b. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538 c. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926 d. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVSB2025375 e. Matthew Brown v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2025900 f. Andrea Miller v. City of San Bernardino, et al. II, San Bernardino Superior Court Case No. CIVDS2015337 g. Sedna Mosley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209 h. Arrowhead Professional Center, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1909462 Agency Designated Representative: City Manager; Employee Organizations: International Union of Operating Engineers, General Unit; San Bernardino Police Management Association; Teamsters, Middle Management Unit; San Bernardino Police Officers Association; San Bernardino Confidential-Management Association, San Bernardino Police Dispatchers Association Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two Items (Pursuant to Government Code Section 54956.8): Property Address: Carousel Mall Property, 43 acres Agency Negotiator: Robert D. Field, City Manager or designee Negotiating Parties: Renaissance Downtown USA/ICO Real Estate Group Under Negotiation: Price and Terms Packet Page. 124 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 3 7:00 P.M. Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present John Valdivia Mayor Present Robert D. Field City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Pastor Sandra Tice of First Presbyterian Church performed the invocation. Council Member Ben Reynoso led the Pledge of Allegiance to the Flag. City Attorney Sonia Carvalho reported that regarding Item C) Conference With Legal Counsel - Anticipated Litigation, the City Council unanimously approved the filing of a receivership for the property at 2782 9th St. in San Bernardino. City Manager Field provided updates on the California Theatre renovation, the library’s summer reading program, and local cooling centers open for the public. The City Council provided updates including Neighborhood Association meetings, Movies in the Park, new grant funding for the Garcia Center, and appreciation to Southern California Edison for their assistance regarding the recent power outage. Mayor Valdivia presented the proclamation to Jim Tickemeyer and Vanessa Carbajal from the Parks and Recreation Department. Paul Sanborn spoke about Administrative Civil Penalties, the need for additional fire stations in Ward 6, and excessive noise throughout the City. Treasure Ortiz commented on concerns regarding city leadership, public participation, staffing and compensation, and the allocation of funds, including support for the Violence Intervention Program (VIP). Harry Hatch requested that closed-session matters be reported out and expressed concerns regarding compliance with the Brown Act. Packet Page. 125 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 4 Chad Kroeger spoke about climate change and proposed taking immediate action, using his sunburn as a reminder of the effects of climate change. Packet Page. 126 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 5 residents and businesses, and urged city leadership to address the concerns of the Black community. APPOINTMENTS 2. Downtown Advisory Committee Appointment (Ward 2) Recommendation Packet Page. 127 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED THE APPOINTMENT OF AMELIA S. LOPEZ TO THE DOWNTOWN ADVISORY COMMITTEE [8-0] MOVER:Sandra Ibarra, Council Member, Ward 2 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia NOES:None 3. General Plan Advisory Committee Appointment (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Edward G. Woolbert as a voting member to the General Plan Advisory Committee representing Ward 4 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF EDWARD G. WOOLBERT TO THE GENERAL PLAN ADVISORY COMMITTEE [8-0] MOVER:Juan Figueroa, Council Member, Ward 3 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia NOES:None 4. General Plan Advisory Committee Appointment (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Ed Neighbors as an alternate member to the General Plan Advisory Committee representing Ward 4 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF ED NEIGHBORS TO THE GENERAL PLAN ADVISORY COMMITTEE [8-0] MOVER:Juan Figueroa, Council Member, Ward 3 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia NOES:None 5. Downtown Advisory Committee Appointment (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Paola E. Avendano to the Downtown Advisory Committee representing Ward 5 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Packet Page. 128 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 7 RESULT: APPROVED THE APPOINTMENT OF PAOLA AVENDANO TO THE DOWNTOWN ADVISORY COMMITTEE [8-0] MOVER:Juan Figueroa, Council Member, Ward 3 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia NOES:None 6. Downtown Advisory Committee Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Michael J. Segura to the Downtown Advisory Committee representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF MICHAEL J. SEGURA TO THE DOWNTOWN ADVISORY COMMITTEE [8-0] MOVER:Juan Figueroa, Council Member, Ward 3 SECONDER:Kimberly Calvin, Council Member, Ward 6 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia NOES:None 7. Electoral Redistricting Advisory Committee (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Rikke V. Johnson to the Electoral Redistricting Advisory Committee representing Ward 6 with the term ending when the City’s ward map based upon the 2020 U.S. Census date is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF RIKKE V. JOHNSON TO THE ELECTORAL REDISTRICTING ADVISORY COMMITTEE [8-0] MOVER:Damon Alexander, Council Member, Ward 7 SECONDER:Kimberly Calvin, Council Member, Ward 6 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia NOES:None 8. Downtown Advisory Committee Appointment (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Neil Derry to the Downtown Advisory Committee representing the Mayor with the term ending December 2022. Packet Page. 129 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 8 RESULT: DENIED THE APPOINTMENT OF NEIL DERRY TO THE DOWNTOWN ADVISORY COMMITTEE [4-4] MOVER:Juan Figueroa, Council Member, Ward 3 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Figueroa, Alexander, Mayor Valdivia NOES:Ibarra, Shorett, Reynoso, Calvin 9. General Plan Advisory Committee Appointment (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Bessine Richard as the voting member to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF BESSINE RICHARD TO THE GENERAL PLAN ADVISORY COMMITTEE [5-2] MOVER:Juan Figueroa, Council Member, Ward 3 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Figueroa, Shorett, Alexander, Mayor Valdivia NOES:Reynoso, Calvin ABSTAIN:Ibarra 10. General Plan Advisory Committee Appointment (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Gil Botello as the alternate member to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. RESULT: DENIED THE APPOINTMENT OF GIL BOTELLO AS AN ALTERNATE MEMBER TO THE GENERAL PLAN ADVISORY COMMITTEE [5-3] MOVER:Juan Figueroa, Council Member, Ward 3 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Figueroa, Mayor Valdivia NOES:Ibarra, Shorett, Reynoso, Calvin, Alexander City Clerk Rocha administered the Oath of Office to the new commissioners. DISCUSSION 11. Annual Cannabis Update & Integrity Standards (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: Packet Page. 130 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 9 1. Receive and File the Annual Commercial Cannabis Business Permit Update and Litigation Update; and 2. Adopt Resolution 2021-166, establishing Integrity Standards; and 3. Present and Confirm steps to fill the seven (7) remaining Commercial Cannabis Retail Licenses; and 4. Discuss and provide feedback on opening the application process to All Other License Types. Director of Community and Economic Development Mike Huntley, Project Manager Stephanie Sanchez, and City Attorney Sonia Carvalho provided a presentation. RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED RESOLUTION NO. 2021-166 [7-0] MOVER:Juan Figueroa, Council Member, Ward 3 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, NOES:None Council Member Figueroa advised that he would be recusing himself from Item No. 12 due to a potential conflict of interest. 12. Community Violence Intervention Program Update (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file and update report on the Violence Intervention Program (VIP); 2. Review and provide staff direction regarding an amendment to the Adopted FY 2021/22 Operating Budget increasing funding for supportive VIP services as requested by members of the City Council for consideration. Violence Intervention Program Manager David Miranda provided a presentation. He spoke about the program’s successes, needs, and financial status. He also confirmed that the City Council had previously directed staff to fund $250,000 for the program, but that it had not yet been allocated. Council Member Sanchez made a motion for staff to return to the Mayor and City Council within 30 days with a full report on the program and a detailed plan for use of the funds they requested. They also discussed receiving quarterly reports on the success of the program. City Manager Field stated that staff would bring back a full report and funding recommendations at a future meeting. Packet Page. 131 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 10 RESULT: DIRECTED STAFF TO BRING BACK A DETAILED REPORT AND FUNDING RECOMMENDATION FOR THE VIOLENCE INTERVENTION PROGRAM [6-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Sandra Ibarra, Council Member, Ward 2 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES:None RECUSED:Figueroa 13. Information on Public Notification for Public Hearings (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, provide direction regarding a proposed Municipal Code Amendment related to processing land use entitlements increasing the notification requirement from 500 feet to 1,000 feet and issuing notices to include the property owner and tenants residing on the property. Director Huntley provided an overview of the item. He advised that if approved, staff would take the Municipal Code Amendment before the Planning Commission, and then to the Mayor and City Council for approval. He stated that the goal was to complete the amendment within the next two to four months. Council Member Sanchez made a motion to suspend further presentation from staff and proceed with the proposed Municipal Code Amendment. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon Alexander, Council Member, Ward 2 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES:Figueroa 14. Administrative Policies (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and reconsider the proposed administrative policies and provide direction or adopt the resolutions as presented: 1. Resolution No. 2021-162 approving the Municipal Volunteer Program (MVP) Policy; 2. Resolution No. 2021-163 approving the Municipal Volunteer Program (MVP) Policy - Offices of Elected Officials; 3. Resolution No. 2021-164 approving the Travel Authority and Expense Policy and Repealing Resolution No. 9151 and No. 89-100; and 4. Resolution No. 2021-165 approving the Use of City Equipment and Resources. Packet Page. 132 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 11 Council Member Sanchez made a motion to approve recommendations 1, 3, and 4 only. RESULT: APPROVED RECOMMENDATIONS NO. 1, 3, AND 4; ADOPTED RESOLUTION NOs. 2021-162, 2021-164, AND 2021-165 [5-2] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Shorett, Reynoso, Calvin, Alexander NOES:Ibarra, Figueroa NOTE: The meeting was adjourned without taking a vote on Item 14, Recommendation No. 2 (Resolution No. 2021-163). PUBLIC HEARINGS 15. Public Hearing on Fiscal Year 2021/22 Assessment Levies for Maintenance Assessment Districts (MAD's) (All Wards) Recommendation Conduct a Public Hearing; and Adopt Resolution No. 2021-171 of the Mayor and City Council of the City of Packet Page. 133 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 12 San Bernardino, California, confirming the diagram and assessment for Assessment District Nos. 1022 and Zones 1, 2 and 3 for Fiscal Year 2021/22; 7. Authorize the Finance Director to amend the Fiscal Year 2021/22 Adopted Budget as necessary to reflect district revenues and expenditure budgets; and 8. Direct staff to undertake the steps necessary to finalize the Mayor and City Council’s action. Mayor Valdivia opened the Public Hearing at 11:01 PM. Director of Public Works Kris Jensen provided a presentation. There were no written comments or requests to speak about this item. Mayor Valdivia closed the Public Hearing at 11:06 PM. RESULT: APPROVED STAFF’S RECOMMENDATION; ADOPTED RESOLUTION NOs. 2021-167, 2021-168, 2021-169, 2021-170, AND 2021-171 [5-2] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin NOES:Reynoso, Alexander 16. Purchase and Sale of Vacant Parcel (APN 0274-011-29) Commonly Known as a Portion of San Marcos Street and Congress Street to Mary’s Mercy Center (Ward 3) Recommendation Adopt Resolution No. 2021-172 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the Purchase and Sale Agreement (PSA) and Joint Escrow Instructions between the City of San Bernardino and Mary’s Mercy Center, a California Corporation, with respect to the real property commonly known as a portion of San Marcos Street and Congress Street (APN#0274-011-29); and 2. Authorizing the City Manager or designee to sign and deliver the PSA on behalf of the City and take any other actions necessary to accomplish the sale; and 3. Find that these actions are exempt from CEQA. Mayor Valdivia opened the Public Hearing at 11:16 PM. There was consensus amongst the Mayor and City Council to forfeit staff’s Packet Page. 134 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 13 presentation. RESULT: ADOPTED RESOLUTION NO. 2021-172 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS 20, 23, 27, 38 AND 40 FOR FURTHER DISCUSSION [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 17. Approval of the Mayor and City Council Minutes (All Wards) Recommendation RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 18. Professional Services Agreement with Bear Demographics and Research, LLC for Demography, Communications and Outreach Services for Electoral Redistricting (All Wards) Recommendation Packet Page. 135 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 14 RESULT: ADOPTED RESOLUTION NO. 2021-193 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 19. Investment Portfolio Report for May 2021 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for May 2021. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 20. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for May through July 2021. Council Member Reynoso pulled this item. He expressed concern about a line item for four assistants to the Mayor. Assistant City Manager Edelia Eveland confirmed that the positions listed were simply part of the salary schedule and were not currently active or funded positions. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 21. Investment Portfolio Report for June 2021 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for June 2021. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None Packet Page. 136 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 15 22. Approval Final Tract Map No. 20293 (Ward 3) Adopt Resolution No. 2021-173 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the Final Map for Tract No. 20293 (Subdivision 20-03) involving the subdivision of a project site containing approximately 9.60 acres into 96 detached single-family lots located on the east side of S. Ferree Street; and 2. Accepting the public dedications as set forth on said map; and 3. Authorizing execution of the standard form of agreement for the subdivision improvements. Theodore Sanchez, Council Member, Ward 1 Fred Shorett, Council Member, Ward 4 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander None Adopt Resolution No. 2021-174 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving Final Map for Tract No. 17329-1 (Subdivision 05-40) involving the subdivision of a project site containing approximately 8.08 acres into 28 single-family residential lots located north of W. Meyers Road, and east of Little League Drive; 2. Accepting the public dedications as set forth on said map; and 3. Authorizing execution of the standard form of agreement for the subdivision improvements. This item was pulled by Council Member Reynoso. He stated that he did not support this resolution due to the project being planned since 2006. He asked for the item to be continued until next year. City Manager Field stated that the project was already under construction. City Engineer Alex Qishta advised that the map has taken an extended time for approval due to the amount of bonds and the developer’s ability to secure large loans. Packet Page. 137 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 16 RESULT: ADOPTED RESOLUTION NO. 2021-174 [5-2] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Theodore Sanchez, Council Member, Ward 4 AYES:Sanchez, Figueroa, Shorett, Calvin, Alexander NOES:Ibarra, Reynoso 24. Approving Job Descriptions and Classifications and Amending the Salary Schedule (All Wards) Recommendation Adopt Resolution No. 2021-175 of the Mayor and City Council of the City of San Bernardino, California, approving the job descriptions and classifications for Aquatics Supervisor, Diversity & Inclusion Officer (U), Engineering Technician, Forensics Supervisor, Grants Analyst, Grants Manager and Project Manager of Housing Programs (U); amending the City-wide salary schedule for full-time, part- time, temporary, and seasonal positions; and repealing Resolution No. 2021-139. RESULT: ADOPTED RESOLUTION NO. 2021-175 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 25. Amendment to AALRR Legal Service Agreement (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2021-176, authorizing the City Manager to execute the First Amendment to Legal Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior Court Case No. CIV DS 2015337. RESULT: ADOPTED RESOLUTION NO. 2021-176 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 26. Health Benefits Plan Year 2022 (All Wards) Recommendation Adopt Resolution No. 2021-177 of the Mayor and City Council of the City of San Bernardino, California, approving the health benefits plan options for plan year 2022. Packet Page. 138 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 17 RESULT: ADOPTED RESOLUTION NO. 2021-177 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 27. Cooperative Funding Agreement with the City of Loma Linda for Barton Road Rehabilitation (Ward 3) Recommendation Adopt Resolution No. 2021-178 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving a Cooperative Funding Agreement with the City of Loma Linda for the Barton Road Rehabilitation Project (“Project”); and 2. Authorizing the Director of Finance to amend the FY 2021/22 Capital Improvement Plan (CIP) to include the Barton Road Rehabilitation Project (“Project”) and establish a project budget in an amount not to exceed $35,500 in Measure I Fund No. 129. RESULT: ADOPTED RESOLUTION NO. 2021-178 [7-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Theodore Sanchez, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 28. Five-Year Capital Project Needs Analysis (2022/2023 through 2026/2027) for Measure "I" 2010-2040 Expenditures (All Wards) Recommendation Adopt Resolution No 2021-179 of the Mayor and City Council of the City of San Bernardino, California, adopting the Five-Year Capital Project Needs Analysis (Fiscal Year 2022/2023 through Fiscal Year 2026/2027) for Measure "I" 2010-2040 Expenditure. RESULT: ADOPTED RESOLUTION NO. 2021-179 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 29. Irrevocable Agreement to Annexation No. 2021-365 (Ward 6) Recommendation Adopt Resolution No. 2021-180 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property within unincorporated territory located at 2986 North California Street (APN 0268-211-22) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Packet Page. 139 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 18 RESULT: ADOPTED RESOLUTION NO. 2021-180 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 30. Sterling Avenue Rehabilitation from Pacific Street to Highland Avenue (Ward 7) Recommendation Adopt Resolution No. 2021-181 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to record a supplemental appropriation for Sterling Avenue rehabilitation from Pacific Street to Highland Avenue ("Project") from Measure “I” Fund 129 in the amount of $88,094 to support the full project construction cost of $784,084; and 2. Authorizing the Director of Finance to carry over remaining FY 2020/21 project budgets in the amount of $695,989.87 into FY 2021/22 in Project Fund No. 129-160-8675. Council Member Calvin pulled this item. She asked why this project was also listed as part of Item No. 31. City Engineer Qishta advised that this project required a supplemental appropriation to cover additional construction cost, but was also included as part of the list of previously approved CIP projects in Item No. 31. RESULT: ADOPTED RESOLUTION NO. 2021-181 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 31. Five-Year Capital Improvement Program Fiscal Year 2021/22 to Fiscal Year 2025/26 for Measure I Local Expenditures (All Wards) Recommendation Adopt Resolution No. 2021-182 of the Mayor and City Council of the City of San Bernardino, California, approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2021/22 through Fiscal Year 2025/26 and Measure I Expenditure Strategy. Council Member Calvin pulled this item. She asked staff that in the future, the list of CIP projects be grouped according to Ward. Packet Page. 140 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 19 RESULT: ADOPTED RESOLUTION NO. 2021-182 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 32. Professional Services Agreement for State Legislative Advocacy Services (All Wards) Recommendation Adopt Resolution No. 2021-183 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Hurst Brooks Espinosa LLC for State Legislative Advocacy Services. RESULT: ADOPTED RESOLUTION NO. 2021-183 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 33. Approve Final Tract Map No. 20043 (Ward 5) Recommendation Adopt Resolution No. 2021-184 of the Mayor and City Council of the City of San Bernardino, California, approving Final Map for Tract No. 20043 (Subdivision 16-04) involving the subdivision of a project site containing approximately 5.23 acres into 16 single-family residential lots located on the southerly side of Belmont Avenue between Palm Avenue and Olive Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements RESULT: ADOPTED RESOLUTION NO. 2021-184 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 34. FY 2021/22 Special Tax Levies for Previously Formed CFDs (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt: 1. Resolution No. 2021-185 of the Mayor and City Council of the City of San Bernardino, California, levying special taxes to be collected during Fiscal Year 2021/22 to pay the annual cost of public safety services and administrative expenses within Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino; and Packet Page. 141 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 20 2. Resolution No. 2021-186 of the Mayor and City Council of the City of San Bernardino, California, levying special taxes to be collected during Fiscal Year 2021/22 to pay the annual cost of maintenance services and administrative expenses within Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino; and 3. Resolution No. 2021-187 of the Mayor and City Council of the City of San Bernardino, California, levying special taxes to be collected during Fiscal Year 2021/22 to pay for facilities or to pay principal and interest on bonds and administrative expenses within Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino. RESULT: ADOPTED RESOLUTION NO. 2021-185, 2021-186, and 2021-187 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 35. February and March 2020, April, May and June 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City’s board, commission, and citizen advisory committee meetings approved in February and March 2020, April, May and June 2021. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 36. Resolution to Approve Renewal of IQM2 Streaming Software, Civica Website Content Management Software, and the Purchase of Additional Streaming Hardware from Granicus Inc. for Fiscal Year 2021/22 in an Amount Not to Exceed $59,811.84 Recommendation Adopt Resolution 2021-188 of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of Fiscal Year 2021/22 Purchase Orders for the annual software support agreements and purchase of a second streaming encoder from Granicus Inc., in an amount not to exceed $59,811.84. Packet Page. 142 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 21 RESULT: ADOPTED RESOLUTION NO. 2021-188 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 37. Approve Final Tract Map No. 18829 (Ward 3) Recommendation Adopt Resolution No. 2021-189 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving Final Map for Tract No. 18829 (Subdivision 11-03) involving the subdivision of a project site comprised of 411 residential units, approximately 194,200 square feet commercial/mix uses, two (2) private community centers, one (1) public community center, and two (2) detention basins, on a site comprised of four (4) parcels containing a total of approximately 39.36 acres located at the southeast corner of Waterman Avenue and Baseline Street; and 2. Accepting the public dedications as set forth on said map; and 3. Authorizing execution of the standard form of agreement of the subdivision improvements. RESULT: ADOPTED RESOLUTION NO. 2021-189 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 38. Interim Operations and Maintenance Division Manager (U) Employment Agreement (All Wards) Recommendation Adopt Resolution No. 2021-190 of the Mayor and City Council of the City of San Bernardino, California, appointing Scott A. Smith as Operations and Maintenance Division Manager (U) on an interim basis and approving the employment contract. Council Member Alexander pulled this item. He stated that he would prefer it if existing staff members were offered open positions, rather than hiring staff from outside. RESULT: ADOPTED RESOLUTION NO. 2021-190 [4-3] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Figueroa, Shorett, Calvin NOES:Ibarra, Reynoso, Alexander Packet Page. 143 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 22 39. LEAP Grant Award (All Wards) Adopt Resolution No. 2021-191 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the Local Early Action Planning Grant Program (LEAP) funds in the amount of $500,000; and authorizing the Finance Director to amend the Fiscal Year 2021/2022 budget related to the General Plan Update Project. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander None Adopt Resolution 2021-192 of the Mayor and City Council of the City of San Bernardino, California, authorizing the: 1. Reclassification of the Assistant City Clerk to a Chief Deputy City Clerk; and 2. Directing the Finance Director to amend the Fiscal Year 2021/22 Adopted Budget by appropriating an additional $28,059. Council Member Calvin pulled this item. She asked staff why this reclassification was being requested. City Clerk Rocha stated it was to hire and retain better qualified candidates. Theodore Sanchez, Council Member, Ward 1 Fred Shorett, Council Member, Ward 4 Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander Ibarra Ordinance Forbidding the Sale of Liquor Within 1,000 Feet of Places Providing Services to Children and Families in San Bernardino - Council Member Reynoso Packet Page. 144 Regular Meeting Draft Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 23 RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [4-3] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Sandra Ibarra, Council Member, Ward 2 AYES:Ibarra, Reynoso, Calvin, Alexander NOES:Sanchez, Figueroa, Shorett 42. Censure of the Mayor (All Wards) - Council Member Shorett RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-1] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin Alexander NOES:Figueroa 43. Call a Meeting of the Elected Official Compensation Advisory Commission to Review the Compensation for the City’s Elected Officials as Stipulated in Chapter 2.19 of the San Bernardino Municipal Code. (All Wards) - Council Member Alexander RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [5-2] MOVER:Sandra Ibarra, Council Member, Ward 2 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Ibarra, Figueroa, Calvin, Reynoso, Alexander NOES:Sanchez, Shorett ADJOURNMENT The meeting of the Mayor and City Council was adjourned on July 21, 2021 at 11:52 PM. The next joint meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Friday, July 23, 2021, in the Multi-Purpose Room located at 201 North “E” Suite B, San Bernardino, CA 92401. The Special Meeting will begin at 8:30 a.m. By:_________________________ Telicia Lopez, CMC City Clerk Packet Page. 145 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, SEPTEMBER 15, 2021 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:31 PM by Mayor Pro Tem Sandra Ibarra on Wednesday, September 15, 2021, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Late 5:34 PM Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present John Valdivia Mayor Absent Robert D. Field City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Packet Page. 146 Regular Meeting Draft Minutes September 15, 2021 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. Treasure Ortiz commented that the City needs to hire and retain qualified professionals. (Pursuant to Government Code Section 54957): Title: City Clerk (MCC) (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager; Employee Organizations: International Union of Operating Engineers, General Unit; San Bernardino Police Management Association; Teamsters, Middle Management Unit; San Bernardino Police Officers Association; San Bernardino Confidential-Management Association, San Bernardino Police Dispatchers Association (HR) Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Left Early Left – 7:44 PM Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present John Valdivia Mayor Absent Robert D. Field City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Pastor James Grant of Soldier for Christ Church led the invocation. Council Member Alexander led the Pledge of Allegiance to the Flag. There was no reportable action from Closed Session. City Manager Field provided updates on animal licensing, new Police Academy graduates, and the Kendall Slope project. Packet Page. 147 Regular Meeting Draft Minutes September 15, 2021 Mayor and City Council of the City of San Bernardino Page 3 MAYOR AND CITY COUNCIL UPDATES The City Council provided updates including Mexican Independence Day celebrations, rental assistance updates, Carousel Mall property negotiations, and Neighborhood Association meetings. Treasure Ortiz expressed opposition to the proposed fence around Seccombe Lake and Pioneer Cemetery, stating that funds should instead support solutions and resources for people experiencing homelessness. Henry Duran introduced himself as a medical student at UCR and director of the San Bernardino Free Clinic and spoke about efforts to connect with homeless services. Jim Penman reflected on the accomplishments of former Mayor Evelyn Wilcox and past city leadership, expressing concerns that current leadership has not reached the same level of experience or effectiveness. Dolores Armstead expressed concerns about instability and low morale within the City, and opposed the appointment of David Green as permanent police chief, calling for a national search and public forum. Tawnya Rhoades Hensley expressed concerns about the departure of seven executive administrative employees and supported preserving a neighborhood area near Electric Avenue and 40th Street as a historic park. Jessy Owens spoke about street repairs and drainage issues on Rialto Avenue, and expressed opposition to spending $2 million on the Seccombe Lake fence rather than addressing infrastructure needs. Angel Esparza, representing the Southwest Regional Council of Carpenters, expressed concerns about workers being paid illegally and encouraged the City to consider prevailing wages and local workforce opportunities when approving construction projects. Delshawn McClellon supported establishing a community workforce agreement to ensure local jobs provide career opportunities, livable wages, and health benefits. Christian Flores spoke regarding Item 3 and requested that rental applications be translated into commonly spoken languages, citing communication and payment issues affecting Spanish-speaking residents at Santiago Mobile Home Park. Harry Hatch expressed support for greater transparency from the City Council regarding issues and decisions being discussed. Zafiro Tellez thanked Councilmembers for assisting residents of Santiago Mobile Home Park and expressed concerns about changes to rent payment procedures, inadequate communication, and the lack of Spanish-language access. Packet Page. 148 Regular Meeting Draft Minutes September 15, 2021 Mayor and City Council of the City of San Bernardino Page 4 Robert Porter thanked Public Works and Code Enforcement for responding to neighborhood concerns and thanked Council Member Alexander for attending a neighborhood association meeting. Packet Page. 149 Regular Meeting Draft Minutes September 15, 2021 Mayor and City Council of the City of San Bernardino Page 5 Felicia Alexander invited the community and Councilmembers to participate in the Turkey Trot at San Bernardino International Airport on November 25, which will include live and virtual races and family activities. City Clerk Rocha then read the following written comments aloud, per ADA accommodation: Council Member Figueroa left the meeting during the Public Comment period. APPOINTMENTS 1. Electoral Redistricting Advisory Committee (Ward 4) Recommendation , based upon the 2020 U.S. Census date, is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF GONZALO “JUNIOR” CARRILLO TO THE REDISTRICTING ADVISORY COMMITTEE [6-0] MOVER:Damon Alexander, Council Member, Ward 7 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT:Juan Figueroa 2. General Plan Advisory Committee Appointment (Ward 7) Recommendation RESULT: APPROVED THE APPOINTMENT OF JOEL S. ROTHSCHILD TO THE GENERAL PLAN ADVISORY COMMITTEE [6-0] MOVER:Damon Alexander, Council Member, Ward 7 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT:Juan Figueroa Packet Page. 150 Regular Meeting Draft Minutes September 15, 2021 Mayor and City Council of the City of San Bernardino Page 6 DISCUSSION It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-224 authorizing the following Emergency Rental Assistance Program actions: 1. Participation in the State Rental Assistance Program (Option ‘B’) established under the American Rescue Plan Act of 2021 (“ERA 2”) by the State Department of Housing and Community Development (“HCD” or the “State”). HCD has represented a switch to Option ‘B’ will result in an initial disbursement to the City of $6,018,454.42 emergency rental assistance funding, with the possibility of two to three times more than that amount (“State Block Grant”); 2. Authorize the City Manager to execute the required materials with HCD to effectuate Option ‘B’, including HCD’s Standard Contract (currently being prepared by the State); 3. Authorize the City Manager to execute a Second Amendment with United Way under City’s emergency purchase authority for administration of the State Block Grant for ERA 2 in a not-too-exceed amount of $600,000, or not more than 10% of the ERA 2 State Block Grant, based on the size of the State Block Grant, with the possibility of additional administration costs based on subsequent disbursements by the State; and 4. Direct the City Council ERAP Sub-Committee to investigate the possibility of utilizing other local service providers for the City’s direct federal allocation of ERA 2 funds, for future City Council consideration. Director of Community and Economic Development Mike Huntley provided a presentation to the City Council. He stated that the Rental Assistance program was designed to assist residents who have been affected by COVID-19. The renewed contract would not only provide rental and bill assistance, but funds for community programs as well. Council Member Ibarra stated that she was abstaining from the vote on this item because she did not support the partnership with United Way. Theodore Sanchez, Council Member, Ward 1 Kimberly Calvin, Council Member, Ward 6 Sanchez, Shorett, Reynoso, Calvin, Alexander Sandra Ibarra Juan Figueroa Packet Page. 151 Regular Meeting Draft Minutes September 15, 2021 Mayor and City Council of the City of San Bernardino Page 7 4. 2021 Legislative and Regulatory Platform Update (All Wards) Adopt Resolution No. 2021-223 of the Mayor and City Council of the City of San Bernardino, approving an update to the 2021 Legislative and Regulatory Platform, and authorizing the City's voting delegate to vote in opposition of the resolution under consideration by the League of California Cities that would support a constitutional amendment to reallocate local sales and use tax away from cities like the City of San Bernardino. City Manager Field provided an update regarding the League of California Cities Resolution. He stated that staff strongly supported a vote in opposition, in order to keep sales and use tax revenue within the City. Theodore Sanchez, Council Member, Ward 1 Kimberly Calvin, Council Member, Ward 6 Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander Juan Figueroa 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. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander Juan Figueroa It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-225 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and Creative Commercial Services for various services related to the City of San Bernardino Hometown Heroes Military Banner Program; and 2. Adopt Resolution No. 2021-226 amending the Hometown Heroes Military Banner Program Policy. Packet Page. 152 Regular Meeting Draft Minutes September 15, 2021 Mayor and City Council of the City of San Bernardino Page 8 Council Member Alexander requested additional banner installation dates to be scheduled throughout the year. City Manager Field advised that the topic would be brought back for consideration at a future meeting. RESULT: ADOPTED RESOLUTION NOs. 2021-225 AND 2021-226 [6-0] MOVER:Damon Alexander, Council Member, Ward 7 SECONDER:Kimberly Calvin, Council Member, Ward 6 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT:Juan Figueroa 6. Authorize a Professional Services Agreement with Data Ticket, Inc. for Administrative Citation and Administrative Civil Penalty Processing Services (All Wards) Recommendation RESULT: ADOPTED RESOLUTION NO. 2021-227 [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT:Juan Figueroa 7. Subordination of a Deed of Trust in Connection with 1575 Glenview Street, San Bernardino, California (Ward 6) Recommendation RESULT: ADOPTED RESOLUTION NO. 2021-228 [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT:Juan Figueroa Packet Page. 153 Regular Meeting Draft Minutes September 15, 2021 Mayor and City Council of the City of San Bernardino Page 9 8. Approval of Cannabis Settlement Agreements with Shatter LLC and SBLicense 01 LLC (All Wards) It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution No. 2021-240: 1. Approving Settlement Agreements with Shatter, LLC (Thomas Bamber) and SB License 01, LLC (Qiang Ye) to a) resolve litigation arising from the City’s Measure “O” and voter-approved Chapter 5.10 of the San Bernardino Municipal Code concerning the licensing of cannabis business operations; b) provide for the back payment of $1,910,446.81 in cannabis business license taxes and c) provide for the withdrawal of an initiative aimed at reducing the City’s utility users tax rate which, if approved, would result in a decrease of $14 million/year in the City’s general fund revenues; 2. Authorizing the Director of Finance to amend the FY 2020/21 adopted operating budget to increase cannabis business license revenues in the amount of $1,910,446.81; and 3. Directing the City Manager to execute the settlement agreements and authorize the City Manager and the Director of Community and Economic Development to fully implement the terms of the settlement agreements. City Manager Field advised that a non-substantive revision to resolve a typo in Recommendation No. 3 had been submitted and added to the Agenda Backup. Theodore Sanchez, Council Member, Ward 1 Ben Reynoso, Council Member, Ward 5 Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander Juan Figueroa Adopt Resolution No. 2021-229 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into a professional software services agreement with Insight Public Sector, Inc., for the licensing of Office 365 for a 36-month term for an amount not to exceed $447,339.75; or an annual amount of $149,113.25. Council Member Reynoso asked about the status of the City’s website upgrade. Deputy Director of Information Technology Marcus Anderson stated that the update was in progress and was separate from the Office 365 agreement. Packet Page. 154 Regular Meeting Draft Minutes September 15, 2021 Mayor and City Council of the City of San Bernardino Page 10 RESULT: ADOPTED RESOLUTION NO. 2021-229 [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT:Juan Figueroa 10. Software Services Agreement with GovInvest, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-230 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and GovInvest Inc. for software services. RESULT: ADOPTED RESOLUTION NO. 2021-230 [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT:Juan Figueroa 11. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for August 2021. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT:Juan Figueroa 12. Resolution to Approve a Contract Amendment with DTA Recommendation Adopt Resolution No. 2021-231 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an amendment to the Professional Services Agreement between the City of San Bernardino and David Taussig & Associates Inc., (DBA “DTA”) for Enhanced Infrastructure Financing District (EIFD) related professional services. RESULT: ADOPTED RESOLUTION NO. 2021-231 [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT:Juan Figueroa Packet Page. 155 Regular Meeting Draft Minutes September 15, 2021 Mayor and City Council of the City of San Bernardino Page 11 13. Reclassification of Budget Officer to Budget Division Manager (All Wards) It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-232, authorizing the reclassification of the Budget Officer position to a Budget Division Manager position. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander Juan Figueroa Adopt Resolution No. 2021-233 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Solutions Simplified for DocuSign Software Services. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander Juan Figueroa It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-234 , authorizing the City Manager to amend the Professional Services Agreement with California Computer Options, Inc. for information technology assistance in the City's migration to Office 365 and related server and other required upgrades. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander Juan Figueroa Packet Page. 156 Regular Meeting Draft Minutes September 15, 2021 Mayor and City Council of the City of San Bernardino Page 12 16. Back-Up Generator Replacement (All Wards) Adopt Resolution No. 2021-235 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a professional services agreement between the City of San Bernardino and California Building Evaluation & Construction, Inc.; and issue a purchase order in an amount not to exceed $344,850. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander Juan Figueroa Adopt Resolution 2021-236 of the Mayor and City Council of the City of San Bernardino, California to: 1. Approve a Cooperative Funding Agreement with the County of San Bernardino for street rehabilitation on various streets; and 2. Authorize the Director of Finance to amend the Fiscal Year 2021/22 Capital Improvement Plan (CIP) to include the street rehabilitation cooperation with San Bernardino County on various streets (“Project”) and establish a project budget in an amount not to exceed $3,637,000, in Measure I Fund No. 129, for FY 2021/22, FY 2022/23, and FY 2023/24. Fred Shorett, Council Member, Ward 4 Theodore Sanchez, Council Member, Ward 1 Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander Juan Figueroa Adopt Resolution 2021-237 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to amend the Fiscal Year 2021/22 Adopted Operating Budget to appropriate $250,000 from the General Fund to the Public Works Department expense budget in accordance with the Professional Services Agreement with Willdan Engineering for on-call plan check and inspection services related to Land Development; and Packet Page. 157 Regular Meeting Draft Minutes September 15, 2021 Mayor and City Council of the City of San Bernardino Page 13 2. Authorizing the Director of Finance to open a purchase order in the amount of $250,000 with Willdan Engineering for on-call plan check and inspection services related to Land Development. RESULT: ADOPTED RESOLUTION NO. 2021-237 [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT:Juan Figueroa 19. Construction Agreement Award – Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery (Ward 1) Recommendation Adopt Resolution No. 2021-238 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Agreement with Econo Fence, Inc., in the amount of $2,372,565 for the construction of fencing for Seccombe Lake Park & Pioneer Memorial Cemetery ("Project"); 2. Authorizing the project construction, construction contingencies, and engineering and inspection costs in the total amount of $225,000 for construction of the Project; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. There was discussion amongst staff and Council Members about why this project was needed. City Manager Field informed everyone that fencing was needed to secure, improve, and maintain the park and cemetery due to consistent vandalization. RESULT: ADOPTED RESOLUTION NO. 2021-238 [4-2] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Shorett, Alexander NOES:Reynoso, Calvin ABSENT:Juan Figueroa 20. Ordinance for Wastewater Facilities and Collection Rules and Regulations - Adoption (All Wards) Recommendation Adopt Ordinance No. MC-1562, an Ordinance of the Mayor and City Council of the City of San Bernardino, California to amend San Bernardino Municipal Code Chapters 13.08, “Connection with Public Sewer” and 13.32, “Wastewater Facilities” and amend San Bernardino Municipal Code Sections 2.28.010, “Approval of Rules and Regulations” and 2.28.020, “Violation - Penalty” and finding the same exempt from California Environmental Quality Act. Packet Page. 158 Regular Meeting Draft Minutes September 15, 2021 Mayor and City Council of the City of San Bernardino Page 14 RESULT: ADOPTED ORDINANCE NO. MC-1562 [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT:Juan Figueroa 21. Joint Exercise of Powers Agreement – Upper Santa Ana River Watershed Infrastructure Financing Authority (All Wards) Recommendation Adopt Resolution No. 2021-239 of the Mayor and City Council of the City of San Bernardino, California, approving the Joint Exercise of Powers Agreement to join the Upper Santa Ana River Watershed Infrastructure Financing Authority; and authorizing the City Manager to execute the Agreement. RESULT: ADOPTED RESOLUTION NO. 2021-239 [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT:Juan Figueroa ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 22. Obtain Quotes for Tiny Homes, Restrooms, and Jobs (With Agencies) for Homeless Population - Mayor Pro-Tem Ibarra (Ward 2) RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT:Juan Figueroa ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, September 15, 2021, at 10:19 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, October 6, 2021, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Telicia Lopez, CMC City Clerk Packet Page. 159 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, NOVEMBER 3, 2021 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:32 PM by Mayor John Valdivia on Wednesday, November 3, 2021, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Late 5:35 PM Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Late 5:40 PM Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present John Valdivia Mayor Present Robert D. Field City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Packet Page. 160 Regular Meeting Draft Minutes November 3, 2021 Mayor and City Council of the City of San Bernardino Page 2 5:30 PM CLOSED SESSION PUBLIC COMMENT City Clerk Genoveva Rocha read the following written comment aloud, per ADA accommodation: Tim Dorame commented on the animal shelter and City Council Member reelections. CLOSED SESSION Prior to convening to Closed Session, City Attorney Sonia Carvalho announced that the Closed Session Item was a follow up to an item from June 2021, to consider the potential filing of litigation to recover city funds. A) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)) 7:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:01 PM by Mayor John Valdivia on Wednesday, November 3, 2021, at Feldheym Central Library, San Bernardino, CA. Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present John Valdivia Mayor Present Robert D. Field City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Ron Esparza from Living Water Community Church led the invocation and Pledge of Allegiance. CLOSED SESSION REPORT City Attorney Carvalho stated there was no reportable action from Closed Session. CITY MANAGER UPDATE At this time, City Manager Rob Field provided citywide updates. Highlights included bus stop upgrades, discounts on animal adoption fees, and recognition of City volunteers. MAYOR & CITY COUNCIL UPDATES & CONFERENCES/MEETINGS ATTENDED At this time, the Mayor and City Council provided updates. Some updates included Veteran’s Day events, neighborhood association meetings, and updates on the Redistricting Process. Packet Page. 161 Regular Meeting Draft Minutes November 3, 2021 Mayor and City Council of the City of San Bernardino Page 3 PRESENTATIONS 1. San Bernardino/Redlands Passenger Rail Project Update by San Bernardino County Transportation Authority (All Wards) Tim Watkins from the San Bernardino County Transportation Authority gave a presentation to the Mayor and City Council. 2. National Veterans and Military Families Month (All Wards) Mayor Valdivia read the proclamation honoring Military Veterans and Families. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Paula Plunk spoke in opposition to the Halloween video depicting the Finance Department in chains, calling it demeaning and harmful to the City’s reputation and public trust. She called for an apology from the City and Council. Tawnya Rhoades-Hensley expressed support for preserving the E Street/Kendall slope turnouts and their historical features. She also encouraged the City to pursue grants for a San Bernardino mural and supported a book donation partnership with the Police Department. Paulina Schiaretti encouraged community support for ongoing cleanup efforts along Baseline Avenue and proposed expanding the program citywide. Ray Blom requested support for his organization’s economic development and workforce training efforts. He highlighted plans for a new center focused on employment, training, and business development. Public comment was paused after this speaker, to begin the Electoral Redistricting Public Hearing noticed for 8:00 PM (Item No. 6). PUBLIC HEARING 6. Public Hearing on Electoral Redistricting Draft Maps (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following actions: 1. Receive the staff report and presentation. 2. Conduct a Public Hearing to obtain public input and provide direction to staff on recommended changes, if any, to the draft map(s). 3. Approve draft map(s) for circulation to the public for comment. Mayor Valdivia opened the Public Hearing at 8:00 PM. City Clerk Rocha introduced Andrew Westhall from Bear Demographics. Mr. Westhall provided an overview of the redistricting process so far. He introduced two draft maps for the Mayor and City Council’s consideration. He advised that upon approval of the recommendation, the draft maps would be posted online for public review and comment. Packet Page. 162 Regular Meeting Draft Minutes November 3, 2021 Mayor and City Council of the City of San Bernardino Page 4 There were two public speakers: st for further discussion and consideration. RESULT: APPROVED STAFF’S RECOMMENDATION [6-1] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Kimberly Calvin, Council Member, Ward 5 AYES:Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES:Juan Figueroa Upon resuming the meeting, Public Comment continued. Packet Page. 163 Regular Meeting Draft Minutes November 3, 2021 Mayor and City Council of the City of San Bernardino Page 5 Gabriel Jaramillo spoke in opposition to closing the E Street/Kendall slope turnouts. He emphasized their historical value and importance as a place for residents to stop and enjoy the view. The following speakers were then heard remotely via Zoom: Claudia Bautista raised concerns about a police operation targeting day laborers at Home Depot, including arrests, citations, and vehicle impoundments. She questioned who authorized the operation and called the 30-day vehicle holds unconstitutional. Natalie Bautista spoke in support of day laborers and echoed concerns about the large- scale police operation, emphasizing that seeking work in public spaces is protected and that workers are valued members of the community. Lizette Mendoza called for the immediate release of impounded vehicles and advocated for solutions to support day laborers, including a worker’s center with space for local food vendors and access to nutritious meals. Fanelly Milan spoke against the targeting of low-income day laborers, citing arrests, citations, and vehicle impoundments as an unnecessary abuse of power. She referenced similar enforcement activity the prior week and expressed concern about the treatment of immigrant workers. City Clerk Rocha then read the following written public comment aloud, per ADA accommodation: Hardy Brown commented in support of the Electoral Redistricting draft maps. He also inquired regarding a recent NAACP investigation. At the conclusion of Public Comments, the regular meeting agenda continued with Item No. 3. APPOINTMENTS 3. Public Safety and Human Relations Commission Appointment (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Anthony J. Roberson to the Public Safety and Human Relations Commission representing Ward 5. Mr. Roberson will replace Daniel E. Peeden with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Packet Page. 164 Regular Meeting Draft Minutes November 3, 2021 Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED THE APPOINTMENT OF ANTHONY J. ROBERSON TO THE PUBLIC SAFETY AND HUMAN RELATIONS COMMISSION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None 4. Electoral Redistricting Advisory Committee Appointment (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Venus L. Williams to the Electoral Redistricting Advisory Committee representing Ward 1. This term will end once the City’s ward map, based upon the 2020 US Census data, is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF VENUS L. WILLIAMS TO THE ELECTORAL REDISTRICTING ADVISORY COMMITTEE [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES:None DISCUSSION 5. Introduction and First Reading of Ordinance MC-1566 Amending Section 8.24.090 Entitled (Mandatory Residential, Commercial and Multi-Family Recycling and Organic Recycling) of the San Bernardino Municipal Code; and Adding Section 8.24.095 Entitled (Mandatory Commercial Edible Food Recovery), into Chapter 8.24 of the San Bernardino Municipal Code. Recommendation Introduce, read by title, and waive further reading of Ordinance MC-1566 of the Mayor and City Council of the City of San Bernardino, California, amending Section 8.24.090 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code (“SBMC”) pertaining to requirements for the proper collection and storage of recyclable materials and organic waste and adding Section 8.24.095 to Chapter 8.24 of Title 8 of the SBMC reflecting state requirements for commercial edible food generators and food recovery organizations and services. City Engineer Alex Qishta provided an overview of the new law and requirements. Council Members confirmed that the contract regarding the enforcement of the new procedures was still in negotiation. Packet Page. 165 Regular Meeting Draft Minutes November 3, 2021 Mayor and City Council of the City of San Bernardino Page 7 RESULT: INTRODUCED ORDINANCE MC-1566 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander PUBLIC HEARINGS 6. Public Hearing on Electoral Redistricting Draft Maps (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following actions: 1. Receive the staff report and presentation. 2. Conduct a Public Hearing to obtain public input and provide direction to staff on recommended changes, if any, to the draft map(s). 3. Approve draft map(s) for circulation to the public for comment. This item was heard previously in the meeting according to its posted time. 7. CFD 2019-1 Annexation No. 9 Public Hearing on Annexation No. 9 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2021-258 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the are proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 9); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2021-259 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 9); 5. Introduce Ordinance No. MC-1564 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC- 1522 and levying special taxes to be collected during Fiscal Year 2021-22 to pay the annual costs of the maintenance and servicing of landscaping, lighting, streets, street sweeping, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); Packet Page. 166 Regular Meeting Draft Minutes November 3, 2021 Mayor and City Council of the City of San Bernardino Page 8 6. Schedule the final reading and adoption of Ordinance No MC-1564 for November 17, 2021. Mayor Valdivia opened the Public Hearing at 10:04 p.m. There were no requests to speak on this item or any written communication received. There was no presentation by Staff or discussion amongst the Mayor and City Council. Mayor Valdivia closed the Public Hearing at 10:06 p.m. Council Member Shorett left the dais prior to taking the vote for this item. RESULT: ADOPTED RESOLUTION NO. 2021-258 [6-0] MOVER:Damon Alexander, Council Member, Ward 7 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Shorett City Clerk Rocha announced that all ballots had been cast and the election was closed. Council Member Shorett returned to the dais for the remainder of the item. RESULT: ADOPTED RESOLUTION NO. 2021-259 [7-0] MOVER:Sandra Ibarra, Council Member, Ward 2 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Council Member Ibarra left the dais for the remainder of the meeting. Mayor Valdivia read the title of Ordinance No. MC-1564 into the record. RESULT: INTRODUCED FOR FIRST READING ORDINANCE No. MC-1564 [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Ibarra Packet Page. 167 Regular Meeting Draft Minutes November 3, 2021 Mayor and City Council of the City of San Bernardino Page 9 8. CFD 2019-1 Annexation No. 10 Public Hearing on Annexation No.10 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2021-260 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the are proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 10); 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2021-261 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 10); 5. Introduce Ordinance No. MC-1565 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2021-22 to pay the annual costs of the maintenance and servicing of landscaping, lighting, streets, street sweeping, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); 6. Schedule the final reading and adoption of Ordinance No MC- 1565 for November 17, 2021. Mayor Valdivia opened the Public Hearing at 10:09 p.m. There were no requests to speak on this item or any written communication received. There was no presentation by Staff or discussion amongst the Mayor and City Council. Council Member Figueroa announced that this annexation was within Ward 1, not Ward 3 as stated on the agenda. This was confirmed by staff. Mayor Valdivia closed the Public Hearing at 10:10 p.m. Damon Alexander, Council Member, Ward 7 Fred Shorett, Council Member, Ward 4 Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander : Ibarra Packet Page. 168 Regular Meeting Draft Minutes November 3, 2021 Mayor and City Council of the City of San Bernardino Page 10 City Clerk Rocha announced that all ballots had been cast and the election was closed. RESULT: ADOPTED RESOLUTION NO. 2021-261 [6-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Ibarra RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1565 [6-0] MOVER:Damon L Alexander, Council Member, Ward 7 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Ibarra CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion RESULT: APPROVED THE CONSENT CALENDAR; PULLED ITEM NO. 14 FOR DISCUSSION [6-0] MOVER:Fred Shorett, Councilmember, Ward 4 SECONDER:Kimberly Calvin, Councilmember, Ward 6 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Ibarra 9. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER:Fred Shorett, Councilmember, Ward 4 SECONDER:Kimberly Calvin, Councilmember, Ward 6 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Ibarra Packet Page. 169 Regular Meeting Draft Minutes November 3, 2021 Mayor and City Council of the City of San Bernardino Page 11 10. Memoranda of Understanding and Compensation and Benefits Plan with Bargaining Groups Recommendation It is recommended that the Mayor and City Council take the following actions: 1. Adopt Resolution No. 2021-268 of the Mayor and City Council of the City of San Bernardino, California, approving the Middle Management Employees Memorandum of Understanding (MOU), the General Unit Employees Memorandum of Understanding (MOU), Job Descriptions, and Updating the City-wide Salary Schedule. 2. Adopt Resolution No. 2021-269 of the Mayor and City Council of the City of San Bernardino, California, approving the Management/Confidential Employees Compensation and Benefits Plan. RESULT: ADOPTED RESOLUTION NOs 2021-268 AND 2021-269 [6-0] MOVER:Fred Shorett, Councilmember, Ward 4 SECONDER:Kimberly Calvin, Councilmember, Ward 6 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Ibarra 11. Annual Purchase Order for Daniels Tire Service (All Wards) Recommendation Adopt Resolution No. 2021-263 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with and issue an Annual Purchase Order to Daniels Tire Service for the purpose of supplying light and heavy equipment tires and tire related services in an amount not to exceed $158,000 on an annual basis with four single year renewal options to the Public Works Department, Fleet Division, for the maintenance of City owned vehicles and equipment. RESULT: ADOPTED RESOLUTION NO. 2021-263 [6-0] MOVER:Fred Shorett, Councilmember, Ward 4 SECONDER:Kimberly Calvin, Councilmember, Ward 6 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Ibarra Packet Page. 170 Regular Meeting Draft Minutes November 3, 2021 Mayor and City Council of the City of San Bernardino Page 12 12. Issuance of a Purchase Order to Fairview Ford Sales for the Purchase of One New 2021 Ford F-450 Stake Bed with Tommy Lift Gate and One New Ford F- 150 Super Cab (All Wards) Adopt Resolution No. 2021-264 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Fairview Ford Sales in an amount not to exceed $100,000 to purchase one new 2021 Ford F-450 Stake Bed with Tommy Lift Gate and one new 2021 Ford F-150 Super Cab. Fred Shorett, Councilmember, Ward 4 Kimberly Calvin, Councilmember, Ward 6 Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander Ibarra Adopt Resolution No. 2021-265 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the purchase of one new 2021 Vermeer SC802 Stump Cutter in the amount of $73,652.01 for the Public Works Department which was approved for funding through the Fiscal Year 2021/22 Operating Budget Report. Fred Shorett, Councilmember, Ward 4 Kimberly Calvin, Councilmember, Ward 6 Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander Ibarra Adopt Resolution No. 2021-266 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Design Services Agreement with Adams Streeter Civil Engineers in the amount of $87,394 for the design of a raised median island and the closure of two turnouts along Kendall Drive from “E” Street to “H” Street. Council Member Reynoso pulled this item for discussion. He stated that due to concerns from the community, he would like to see two different designs come forward for consideration – one including the two existing turnouts, and one with no turnouts. Both options would still include a raised median island. Council Member Sanchez made the motion to direct staff to bring back both options at a future meeting. Packet Page. 171 Regular Meeting Draft Minutes November 3, 2021 Mayor and City Council of the City of San Bernardino Page 13 RESULT: DIRECTED STAFF TO BRING BACK TWO DESIGNS WITH A MEDIAN: ONE ILLUSTRATING THE TURNOUTS CLOSED AND ONE ILLUSTRATING THE TURNOUTS OPEN [6-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Ibarra 15. Animal Shelter Electrical Service Replacement (Ward 3) Recommendation Adopt Resolution No. 2021-267 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to appropriate entire amount of $149,713 from the Animal Control Department Fund Balance Account to the Animal Shelter Electrical Project Account in accordance with Contract Change Order (CCO) #1 for CIP Project No. 8776 with TSR Construction and Inspection; and 2. Authorizing the Director of Finance to increase the purchase order to reflect the full, approved project cost. RESULT: ADOPTED RESOLUTION NO. 2021-267 [6-0] MOVER:Fred Shorett, Councilmember, Ward 4 SECONDER:Kimberly Calvin, Councilmember, Ward 6 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Ibarra ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, November 3, 2021, at 10:19 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, November 17, 2021, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Telicia Lopez, CMC City Clerk Packet Page. 172 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, AUGUST 5, 2026 3:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 3:31 PM by Mayor Helen Tran on Wednesday, August 5, 2026, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Late 3:32 P.M. Sandra Ibarra Council Member, Ward 2 Late 3:34 P.M. Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Kim Knaus Mayor Pro Tem, Ward 5 Late 3:40 P.M. Mario Flores Council Member, Ward 6 Present Dr. Treasure Ortiz Council Member, Ward 7 Present Helen Tran Mayor Present Eric Levitt City Manager Present Albert Maldonado City Attorney Present Telicia Lopez City Clerk Present Vanessa Alvarado Deputy City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Kim Knaus Mario Flores Dr. Treasure Ortiz Packet Page. 173 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 2 3:30 P.M. CLOSED SESSION PUBLIC COMMENT There were no public comments or requests to speak for Closed Session. CLOSED SESSION A.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i.) Gloria Esperanza Garcia De Cano v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2420721 ii.) Elvera Renee Mergil v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2417630 iii.) Anthony Aquino v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2423179 iv.) Eric Esquivel v. City of San Bernardino, Workers’ Compensation Case No. ADJ18213429 v.) Daniel Han v. City of San Bernardino, Workers’ Compensation Case Nos. ADJ19178265, ADJ15899911, and ADJ13362722 B.) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): i.) Notice of Claim, Rochelle Clayton, dated July 22, 2026, Claim No. GHC0099867 C.) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)(1)): (1) Case D.) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS (Pursuant to Government Code Section 54957) (Criteria, Timing, Goal Setting, and Other Preliminary Matters) Packet Page. 174 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 3 5:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:07 PM by Mayor Helen Tran on Wednesday, August 5, 2026, at Feldheym Central Library, San Bernardino, CA. Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Kim Knaus Mayor Pro-Tem, Ward 5 Absent Mario Flores Council Member, Ward 6 Present Dr. Treasure Ortiz Council Member, Ward 7 Present Helen Tran Mayor Present Eric Levitt City Manager Present Albert Maldonado City Attorney Present Telicia Lopez City Clerk Present Vanessa Alvarado Deputy City Clerk Present INVOCATION AND PLEDGE OF ALLEGIANCE Evangelist Jerry Musgrove from Decently & In Order Ministries led the invocation, and Andy Fuentes from San Bernardino High School led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Albert Maldonado stated that one reportable action was taken regarding A) i. Gloria Esperanza Garcia De Cano v. City of San Bernardino. The City Council unanimously approved a settlement totaling $30,000. City Manager Eric Levitt announced that Item No. 16 was pulled from the agenda and Items Nos. 18 and 19 were moved to a future meeting. PUBLIC HEARING 1. Appeal 26-09 Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 (McDonald’s) (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino take the following action: 1. Adopt Resolution No. 2026-069 of the Mayor and City Council of the City of San Bernardino, California, approving Appeal 26-09, thereby overturning the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and allowing the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive- thru restaurant (McDonald’s) on a parcel containing approximately 0.74 acres, located at 116 W. Baseline Street (APN: 0146 -223-22, 23, 24, 25 & 26) within the Commercial General (CG-1) and Transit-Overlay District (TOD) zone (Attachment 1). Packet Page. 175 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 4 Or alternatively, 2. Adopt Resolution No. 2026-068 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 26-09, thereby upholding the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and not allowing the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive- thru restaurant (McDonald’s) on a parcel containing approximately 0.74 acres, located at 116 W. Baseline Street (APN: 0146 -223-22, 23, 24, 25 & 26) within the Commercial General (CG-1) and Transit-Overlay District (TOD) zone (Attachment 3). Mayor Tran opened the Quasi-Judicial Public Hearing at 5:12 p.m. City Clerk Lopez swore-in the speakers. In accordance with the requirements of a Quasi-Judicial hearing, the appellant and staff were given 15 minutes to speak and a five-minute rebuttal. Assistant Planner Christian Calisaan presented to the Mayor and City Council Appeal No. 26-09 regarding the proposed McDonald’s with a drive -through at 116 W. Baseline Street. Council Member Ortiz asked whether staff had received any notices of objection regarding the project. Staff responded that no calls or complaints had been received within the past 10 days. The appellant’s representative, Zeshaan Eunice, Vice President of Curt & Pringles, gave a presentation in support of Appeal No. 26-09 . Council Member Ortiz asked the appellant to clarify whether his previous outreach to approximately 10 to 15 nearby residents was separate from the required public noticing. Mr. Eunice confirmed that the outreach was conducted independently approximately two years earlier and was in addition to the City’s required 1,000 -foot notification radius. There were seventeen (17) public comments. Mahmud Youcef, owner of Dollar King Plus Market, spoke in support of the proposed McDonald’s, stating that development of the vacant site would increase security, while helping reduce vandalism and other issues in the area. Ruben Mendoza spoke in opposition to the proposed McDonald’s and questioned the timing and reconsideration of the public hearing, stating that the project conflicts with the City’s planning, health, walkability, and transit-oriented development goals. An unidentified speaker spoke in opposition to the proposed McDonald’s, citing concerns regarding health impacts, the concentration of fast-food establishments, traffic and neighborhood compatibility, and encouraged investment in healthy food options, local businesses, parks, housing, youth programs, and other community resources. Packet Page. 176 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 5 Ivette Romero spoke in opposition to the proposed McDonald’s, asked the Council to uphold the prior Planning Commission and City Council decisions, and cited concerns regarding repeated reconsideration of the project, fast -food concentration, community health, and the lack of material changes to the proposal. Andy Fuentes spoke in opposition to the proposed McDonald’s, questioned why the project had been repeatedly reconsidered despite prior denials. Robert Carillo opposed the proposed McDonald’s and urged the Council to prioritize housing, commercial space, and locally focused development. An unidentified speaker spoke in opposition to the proposed McDonald’s, citing personal and community health concerns, the need for healthier food options . Dolores Armstead spoke in opposition to the proposed McDonald’s and encouraged the City to pursue restaurants, coffee shops, and other businesses offering healthier options. Rodolfina Gamino spoke in opposition to the proposed McDonald’s, citing concerns regarding childhood and adult obesity and diabetes. Catalina Salinas spoke in opposition to the proposed McDonald’s and encouraged the Council to consider future generations by supporting healthier food choices, grocery stores. Hector Loera spoke in opposition to the proposed McDonald’s, encouraging the Council to listen to residents and invest in healthier, community-oriented options that would benefit future generations. Michael Segura spoke in opposition to the proposed McDonald’s and encouraged the City to support local restaurants, cultural resources, mixed-use development, housing, and community-led economic development. Sharon Negrete spoke in opposition to the proposed McDonald’s, stating that the City should pursue higher-paying jobs, grocery stores, investment, and businesses that attract people to San Bernardino rather than approving additional fast-food establishments. Mirriam Nieto spoke in opposition to the proposed McDonald’s and encouraged the Council to support local businesses, healthier food options, meaningful employment, cultural amenities, and community-focused economic development. Luis Ojeda spoke in support of the proposed McDonald’s, stating that residents should have the freedom to choose where and what to eat and that approval of the project would support the free market and send a positive message to prospective developers. Antonis Christondulen spoke in opposition to the proposed McDonald’s, citing health, land-use, economic, and infrastructure concerns and encouraging development that supports locally owned businesses. Ivan Garcia spoke in support of the proposed McDonald’s, stating that the project would Packet Page. 177 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 6 create employment, improve the site and surrounding streets, address conditions associated with the vacant property. At this time, the quasi-judicial hearing resumed following the conclusion of public comments. In rebuttal Zeshaan Eunice reiterated support for the project, citing the property owner’s efforts to develop the vacant site, staff’s recommendation, proposed site and infrastructure improvements, increased security and activity, and the anticipated creation of 40 to 60 jobs and other economic benefits. The Mayor and City Council discussed alternative uses for the property, the development and permitting process, economic development, and the potential impacts of the proposed project. The appellant responded to questions regarding alternative businesses and stated that the proposed McDonald’s would activate the vacant site and could encourage additional investment. Staff clarified the distinction between permitted -by-right uses and uses requiring a Conditional Use Permit within the Transit Overlay District. Council Members also discussed the length of time the property had remained vacant, opportunities for other businesses to develop the site, potential sales tax and economic benefits, and whether a restaurant without a drive-through would be permitted by right. The public hearing was closed at 6:32 p.m. There was a motion made by Council Member Shorett to adopt Resolution No. 2026- 069, approving Appeal 26-09, seconded by Council Member Flores. RESULT: ADOPTED RESOLUTION NO. 2026-069 [5-1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: Sandra Ibarra ABSENT: Kim Knaus 2. Public Hearing on Annexation No. 54 to Community Facilities District 2019-1 (Maintenance Services) – Quick Quack Car Wash (Ward 2) – Continued from 7/15/26 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2026-098 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the Packet Page. 178 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 7 qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 54); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2026-099 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 54); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1668 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2026-2027 to pay annual costs of the maintenance and servicing of lighting, streets, drainage, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Com munity Facilities District No. 2019 -1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1668 for August 19, 2026. Mayor Tran opened the public hearing at 6:35 p.m. Council Member Juan Figueroa left the dais at 6:35 p.m. There was a consensus among the Council to waive the presentation and approve the item. There were no public comments. Mayor Tran closed the public hearing at 6:36 p.m. RESULT: ADOPTED RESOLUTION NO. 2026-098 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Flores, Ortiz NOES: None ABSENT: Juan Figueroa, Kim Knaus Packet Page. 179 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 8 RESULT: ADOPTED RESOLUTION NO. 2026-099 [5-0] MOVER: Treasure Ortiz, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Flores, Ortiz NOES: None ABSENT: Juan Figueroa, Kim Knaus RESULT: INTRODUCED ORDINANCE MC-1668 [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Flores, Ortiz NOES: None ABSENT: Juan Figueroa, Kim Knaus City Clerk Lopez read the title of Ordinance MC-1668 into the record. Council Member Juan Figueroa returned to the dais at 6:39 p.m. after the vote was taken. The meeting recessed at 6:39 p.m. and reconvened at 6:54 p.m. At this time, Council member Sandra Ibarra left the meeting. CITY MANAGER UPDATE City Manager Eric Levitt provided updates on National Night Out, employee service awards, upcoming Little League regional tournaments, and the grand reopening of Nicholson Park. He also addressed concerns regarding the June 17, 2026 approval of a cannabis dispensary relocation, clarifying that the action complied with the current ordinance and that the updated ordinance had since been posted on the City’s website. He further clarified the role of the Northwest Project Area Committee (PAC), noting that the dispensary relocation was not a City-initiated project and did not involve City funds or property. PUBLIC COMMENTS FOR ITEMS ON THE AGENDA Cat Pritchett spoke in support of Item No. 9 regarding a license agreement for property to construct an airport monument and thanked the City for its continued partnership. Dulce Becerra spoke of the success of the Love Your Block Grant and encouraged continued community support for efforts to revitalize Shannon Hills Golf Course. Rikke Van Johnson spoke in opposition to the relocation of the cannabis dispensary to West Highland Avenue. Stephanie Liggins requested that the City Council revisit the relocation of the cannabis dispensary. Sally Flores expressed concerns regarding the condition of Waterman Avenue between Packet Page. 180 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 9 30th and 44th Streets and spoke in support of reconsidering the federal public safety grant. Cheryl Brown spoke in opposition to the cannabis dispensary relocation to West Highland Avenue. Christian Shaughnessy discussed housing, homelessness, public safety, infrastructure, and other challenges facing Ward 2 and emphasized the need for stable and responsive leadership James Smith expressed support for the McDonald’s project and encouraged the Council to preserve the name of Seccombe Lake Park. Eddie Torres opposed the DOJ Model Cities Initiative and expressed concerns regarding immigration enforcement, surveillance, and potential collaboration with federal immigration authorities. Frank Becerra thanked the City and community partners for supporting the Shan din Hills Revival Classic. Terry Boykins encouraged the City to make a greater commitment to youth and highlighted the growth and success of youth programming supported through Parks and Recreation. Natalia Saca, Policy Advocate for the Coalition for Humane Immigrant Rights, opposed future consideration of the DOJ Model Cities Initiative. Tom Vogel announced the reactivation of the Verdemont Neighborhood Association a nd expressed its commitment to working with the City. Jornal Kevin Miller spoke on the passing of her cousin, and the need for additional assistance and solutions for the unhoused community. Robert Palomares expressed opposition to Item No. 16, stating that while there is broad support for the Police Department, that support should not come at the expense of communities of color. Rev Jo Grace discussed homelessness and affordable housing and encouraged the City to expand preventative services and permanent housing opportunities. Sharon Negrete expressed support for the animal shelter’s new leadership, and emphasized responsible pet ownership, spaying and neutering, and community involvement. Rosalynn Lira expressed concerns regarding immigration enforcement, civil liberties, and its impact on immigrant and working-class communities, and urged the City Council to protect the safety and constitutional rights of all residents and spoke in opposition of the DOJ Model Cities Initiative. Kimberly Calvin opposed the approved cannabis dispensary relocation at 1602 W. Packet Page. 181 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 10 Highland Avenue, expressing concerns regarding the City’s outdated website information, accountability and transparency. Alejandro Mongorrez spoke in opposition to the DOJ Model Cities Initiative and encouraged investment in community-based programs rather than increased surveillance and enforcement. Emilio Villar thanked staff for pulling Item No. 16 from the agenda and expressed opposition to the item. Luz Gallegos expressed opposition to Item No. 16, citing concerns regarding transparency, immigration enforcement, community trust, and advocated for investments in housing, youth services, health programs, and economic development. Dolores Armstead expressed dissatisfaction with the City Council’s decisions and opposed the cannabis dispensary relocation to the west side. Mirriam Nieto thanked staff for removing Item No. 16 and expressed opposition to its future consideration, citing concerns regarding community trust and public safety . Ivan Garcia supported bringing the DOJ Model Cities Initiative back for consideration, citing potential funding for personnel, equipment, mental health and substance -use services, reentry programs, victim services, and youth crime prevention . Andy Fuentes expressed disappointment with the Council’s decision regarding the McDonald’s project and expressed opposition to Item No. 16. Michael Segura expressed disappointment regarding the McDonald’s matter, thanked staff for pulling Item No. 16, and expressed hope that the item would not return for future consideration. Joe Salas highlighted recent community events and youth activities, including National Night Out, Little League, the Shannon Hills Golf Course event, and neighborhood cleanups, and thanked his campaign supporters and fellow candidates following the election. Hector Loera expressed concerns regarding abandoned buildings, vacant lots, and homelessness and asked how community members could assist the City in addressing these issues. Luis Ojeda discussed efforts to improve Shandin Hills Golf Course and encouraged community and City collaboration; he also supported reconsideration of the DOJ Model Cities Initiative Jennifer Ruiz opposed the DOJ Model Cities Initiative and encouraged investment in reentry, employment, education, and housing. Al Palazzo discussed the historical significance of Route 66 and Mount Vernon Avenue and encouraged the City to install commemorative signage and promote its history. Packet Page. 182 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 11 Maelena Enriquez raised concerns regarding the judgment of a City Council candidate, citing the individual’s social media activity and prior conduct while serving on the City Council. CONSENT CALENDAR Items on the Consent Calendar are Considered Routine and are Voted on in a Single Motion Unless the Mayor and City Council or a Staff Member has Pulled the Item for More Discussion. RESULT: APPROVED THE CONSENT CALENDAR,WITH ITEM NO. 16 PULLED FROM THE AGENDA AND ITEM NOS. 5 AND 13 WERE PULLED FOR FURTHER DISCUSSION [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus 3. Approval of Various Mayor and City Council Meeting Minutes Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates: 1. October 18, 2023 Regular Meeting Draft Minutes 2. June 3, 2026 Special Meeting Draft Minutes 3. June 8, 2026 Regular Meeting Draft Minutes 4. June 17, 2026 Regular Meeting Draft Minutes RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus 4. Reallocation of $200,000 in American Rescue Plan Act (ARPA) funds from the Façade Improvement Paintbrush Program to the Navigation Center and Approval of Amendment No. 2 to the Agreement with Mandeville Modular Increasing the Not-To-Exceed Amount by $717,620.64 (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1. Adopt Resolution No. 2026-126 authorizing the reallocation of $200,000 in previously allocated American Rescue Plan Act (ARPA) funds from the Façade Improvement Paintbrush Program to the Navigation Center Project; and Packet Page. 183 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 12 2. Approve Amendment No. 2 to the Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular increasing the not- to-exceed amount by $717,620.64 for a new total contract amount not to exceed$11,035,053.78; and 3. Approve Change Orders No. 12, 13, and 14 in the total amount of $717,620.64. RESULT: ADOPTED RESOLUTION NO. 2026-126 AND APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus 5. Second Amendment to the Agreement with Best Best & Krieger LLP (BB&K) to Amend the Appointed City Attorney to Albert J. Maldonado Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the Second Amendment to the Agreement with Best Best & Krieger LLP (BB&K) to Amend the Appointed City Attorney to Albert J. Maldonado. Council Member Ortiz clarified that there were no substantial changes to the financial terms of the contract and that the amendment updated the agreement to identify Albert Maldonado as City Attorney and Ellease Taylor and Andrew Saghian as assistant City Attorneys. Council Member Ortiz then moved to approve the item. RESULT: APPROVED CITY ATTORNEY APPOINTMENT OF ALBERT J. MALDONADO [6-0] MOVER: Treasure Ortiz, Council Member, Ward 7 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz, Tran NOES: None ABSENT: Sandra Ibarra, Kim Knaus 6. Adoption of Ordinance No. MC – 1664 Specific Plan Amendment 23-01 and dissolution of Development Agreement 08-02 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1) Adopt Ordinance No. MC – 1664 approving Specific Plan Amendment 23 -01 amending the development standards and guidelines of the original development plan and reducing the number of proposed single- family residential lots from 980 to 327 within the University Hills Specific Plan (APNs: 0265-041-12, 0265-051-12 and -13; 0265-061-16; 0265-011-06,-07, and -08; 0265-051-09; and 0265-021 -13) (Attachment 1) and 2) dissolving Packet Page. 184 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 13 Development Agreement No. 08 -02 (Attachment 1). RESULT: ADOPTED ORDINANCE NO. MC-1664 [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus 7. Adoption of Ordinance No. MC-1666 of 2025 Building Code (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Ordinance No. MC-1666 approving new Municipal Code language and approve use of the 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code. RESULT: ADOPTED ORDINANCE NO. MC-1666 [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus 8. Adoption of Ordinance No. MC -1667 - Annexation No. 53 to Community Facilities District 2019-1 (Maintenance Services) - EV Realty (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1667 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2026-2027 to pay the annual costs of the maintenance and servicing of lighting, streets, drainage and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: ADOPTED ORDINANCE NO. MC-1667 [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus Packet Page. 185 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 14 9. Inland Valley Development Agency (IVDA) – License Agreement for Airport Gateway Monument at 3rd Street and Palm Avenue (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-127 to approve the following: 1. The License Agreement with the Inland Valley Development Agency (IVDA), granting a revocable license and right of entry over City -owned property located at the southwest corner of 3rd Street and Palm Avenue, San Bernardino, California, for a term of 25 years, expiring 2051, with an option to extend for up to 20 years, for the purpose of constructing, installing, operating, and maintaining an airport gateway monument and related improvements. 2. Authorize the City Manager to execute the License Agreement or any other documents to effectuate the License Agreement. RESULT: ADOPTED RESOLUTION NO. 2026-127 [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus 10. Approve Amendment No. 1 to the Professional Services Agreement with IGM Technology Corporation for the Gravity Budget Software Services; and Extending the Term through January 14, 2030, with a Not To Exceed Amount of $467,071 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 1 to the Professional Services Agreement with IGM Technology Corporation to renew and extend the contract term for the Gravity Budget Software Services through January 14, 2030; and 2. Authorize the City Manager, or designee, to execute Amendment No. 1; and 3. Authorize the Finance Director of Finance & Management Services to establish a purchase order for the total Not -to-Exceed contract amount of $467,071 over the five-year term. Packet Page. 186 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 15 RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus 11. Pre-Approval of Mayor and City Council Travel for FY 2026/27 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve travel for elected officials for FY 2026/27 as outlined. Individual travel shall remain subject to available appropriations and compliance with the City’s Travel Authority and Expense Policy. RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus 12. Joint Resolution Updating Authorized Representatives for Existing City and Successor Agency Banking, Investment, Operating, and Debt - Trustee Accounts (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the legislative body of the City and separately as the governing board of the Successor Agency to the former Redevelopment Agency of the City of San Bernardino, adopt Joint Resolution No. 2026-128 to: 1. Confirm the existing financial institutions and account programs, and the legal entity and limited purpose applicable to each, as set forth in Exhibit A to the Resolution; 2. Designate the officials named in the Resolution as authorized representatives for the specific banking, investment, operating, debt - trustee, and Successor Agency functions stated in the Resolution; 3. Direct the Director of Finance and Management Services to complete institutio n -required documentation and remove former authorized representatives from the affected accounts; and 4. Supersede prior resolutions and signatory designations for the accounts addressed by the Resolution only to the extent inconsistent with the authorized-representative designations approved by the Resolution. Packet Page. 187 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 16 This action does not authorize a new depository, a new financial account, a change to the City’s adopted Investment Policy, or a modification of any applicable bond document, trust agreement, Recognized Obligation Payment Schedule, account-specific control, or internal approval requirement. RESULT: ADOPTED RESOLUTION NO. 2026-128 [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus 13. Amendment to Professional Services Agreement with Alliant Insurance Services, Inc. Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Authorize the City Manager or designee to execute the First Amendment to the Professional Services Agreement with Alliant Insurance Services, Inc., increasing the not-to-exceed amount from $150,000 to $780,606.02. Council member Ortiz clarified that the increase in the not-to-exceed amount from $150,000 to $780,066 for the Alliant service agreement represents approximately $150,000 annually over the five-year contract term and moved to approve the item. RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Treasure Ortiz, Council Member, Ward 7 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus 14. Health Benefits Plan Year 2027 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the City's health benefit plans for plan year 2027 and authorize the City Manager to execute any agreements necessary to effectuate the medical, dental, vision, life, short and long-term disability, and other ancillary and voluntary plans that the City offers as part of its benefits package to employees. Packet Page. 188 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 17 RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus 15. Resolution Appointing an Interim Director of Community Development & Housing (U) and Approving Employment Agreement Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2026-129: 1. Appointing Mary Lanier as Director of Community Development & Housing (U) on an interim basis effective August 6, 2026; and 2. Approving the Employment Agreement. RESULT: ADOPTED RESOLUTION NO. 2026-129 [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus 16. Notice of Intent to Apply for the U.S. Department of Justice Fiscal Year 2026 Model Cities Initiative Grant (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the attached Resolution No. 2026-130: 1. Acknowledging the submission of an application for the U.S. Department of Justice Fiscal Year 2026 Model Cities Initiative Grant; and 2. Authorizing the City Manager or their designee to conduct all negotiations, signings, submittals, and execution of documents necessary to apply for said grant. RESULT: NO ACTION TAKEN; ITEM WAS PULLED FROM THE AGENDA BY STAFF Packet Page. 189 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 18 17. Approve Addendum No. 4 with Rick Engineering Company in the amount of $92,300 for the Navigation Center Project, funded from the previously approved Project construction contingency, increasing the Task Order amount from $350,000 to $442,300 (Ward 1). Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Addendum No. 4 with Rick Engineering Company for engineering design services in the amount of $92,300, increasing the Task Order authorization from $350,000 to $442,300. Funding will be provided from the previously approved Navigation Center construction general fund loan allocation and does not increase the overall project budget; and 2. Authorize the City Manager or designee to execute all documents with Rick Engineering Company RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra, Kim Knaus DISCUSSION 18. Homeless Strategic Action Plan 2026-2030 – Implementation Framework (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file the Homeless Solutions Action Plan, and provide direction to staff regarding implementation priorities, resource allocation, and partnership development for Fiscal Year 2026-2030. RESULT: NO ACTION TAKEN; ITEM WAS PULLED BY STAFF AND MOVED TO A FUTURE MEETING. 19. Policy Options for Shelter Operations, Local Prioritization Requirements Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file the report; discuss policy options; and provide direction to staff regarding the preferred policy framework. RESULT: NO ACTION TAKEN; ITEM WAS PULLED BY STAFF AND MOVED TO A FUTURE MEETING. Packet Page. 190 Regular Meeting Draft Minutes August 5, 2026 Mayor and City Council of the City of San Bernardino Page 19 MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community , including the Shandin Hills Golf Course event, National Night Out, the Employee Service Awards, Sizzling Summer Nights, neighborhood cleanups, and upcoming activities at Nicholson Park. They recognized City staff, community organizations, and volunteers for their efforts, welcomed students back to school, highlighted youth programs and community partnerships, and encouraged continued participation in City cleanup efforts and collaboration to improve the community. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, August 5, 2026, at 8:37 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on August 19, 2026, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Telicia Lopez, CMC City Clerk Packet Page. 191 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, AUGUST 19, 2026 3:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 3:32 PM by Mayor Helen Tran on Wednesday, August 19, 2026, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Kim Knaus Mayor Pro Tem, Ward 5 Late 3:40 P.M. Mario Flores Council Member, Ward 6 Present Dr. Treasure Ortiz Council Member, Ward 7 Absent Helen Tran Mayor Present Eric Levitt City Manager Present Albert Maldonado City Attorney Present Telicia Lopez City Clerk Present Perla Lopez Chief Deputy City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Kim Knaus Mario Flores Dr. Treasure Ortiz Packet Page. 192 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 2 3:30 P.M. CLOSED SESSION PUBLIC COMMENT There was one public comment for Closed Session. Cheryl Brown expressed concerns that Sixth Ward residents are being ignored, citing redevelopment funds, a storage building, and a cannabis business approved despite community objections. She urged the Council to address residents’ concerns and review public officials’ electronic communications and public-record obligations. City Attorney Albert Maldonado reported that the City received a letter from an attorney representing Local Golf Management, the operator of Shandin Hills, regarding anticipated litigation Item C). CLOSED SESSION A.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i.) Renato Urena v. City of San Bernardino, et al., United States District Court Case No. 5:24-cv-00341 ii.) JioVanni Lopez v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2530776 iii.) Foxdale Associates Ltd. v. County of San Bernardino, et al., San Bernardino Superior Court Case N o. CIVSB2320884 iv.) Angela Kay Erickson v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2317760 v.) Ruben Marin IV, a minor by and through his Guardian Ad Litem, Maria Guadalupe Carvajal , San Bernardino Superior Court Case No. CIVSB2425499 vi.) Miguel Ramirez, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2401224 B.) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) – Discuss Sale of Property i) Property: 290 N orth D Street City Negotiator: City Manager or Designee Negotiating Parties: Vanir Development Under Negotiations: Price and Terms C.) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(1): (1) Item Packet Page. 193 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 3 5:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:12 PM by Mayor Helen Tran on Wednesday, August 19, 2026, at Feldheym Central Library, San Bernardino, CA. Attendee Name Title Status Arrived INVOCATION AND PLEDGE OF ALLEGIANCE Pastor BJ Sims, Kingdom Culture Worship Centre led the invocation, and Juliann Johnson, from Palm Avenue Elementary School, led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Albert Maldonado reported that there was no reportable action. PRESENTATIONS 1. Proclamation for International Overdose Awareness Day in the City of San Bernardino – August 31, 2026 (All Wards) The Mayor and City Council presented the proclamation to James Dettman, Rick Smith, Jessica Baca, Dr. Julie Kasarjian, Rachel Sweitzer, Teresa Hixson, and Ted Tavolazzi of VARP Inc. APPOINTMENTS There were no public comments regarding Appointments. City Manager Eric Levitt pulled Item No. 3 from consideration. There was a consensus amongst the Council Members to vote on Item Nos. 2, 4, 5, and 6 in one vote. Packet Page. 194 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 4 RESULT: APPROVED ITEMS NOS. 2, 4, 5, AND 6 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz, Mayor Tran NOES: None ABSENT: Sandra Ibarra 2. Arts and Historical Preservation Commission Appointment of Janette Mckaig (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Janette Mckaig to the Arts and Historical Preservation Commission representing Ward 7 with the term ending December 2028. Janette Mckaig will replace a vacancy formerly held by Victor Suarez. Council Staff has verified that appointee is a registered voter within the city and is not an employee of the City. RESULT: APPROVED ARTS AND HISTORICAL PRESERVATION COMMISSION APPOINTMENT OF JANETTE MCKAIG [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz, Mayor Tran NOES: None ABSENT: Sandra Ibarra 3. Reappointment of General Plan Advisory Committee Members (Wards 3, 5, 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of the following General Plan Advisory Committee Members: 1. Angela M. Torres as a voting member for Ward 3. 2. Anthony Aguirre as an alternate member for Ward 3. 3. Richard Kaplan as a voting member for Ward 5. 4. Raafi A. Bell as a voting member for Ward 6. RESULT: NO ACTION TAKEN; PULLED BY STAFF 4. Elected Official Compensation Advisory Commission appointment of Carlos Teran (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Carlos Teran as a voting member to the Elected Official Compensation Advisory Commission representing Ward 6. Packet Page. 195 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 5 Carlos Teran will replace Michael J. Guillory with the term ending December 2028. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED ELECTED OFFICIAL COMPENSATION ADVISORY COMMISSION APPOINTMENT OF CARLOS TERAN [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz, Mayor Tran NOES: None ABSENT: Sandra Ibarra 5. Elected Official Compensation Advisory Commission appointment of Mark Baxter (Mayor’s Appointment) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Mark Baxter as a voting member to the Elected Official Compensation Advisory Commission representing the Mayor’s appointment. Mark Baxter will replace Malika Garder with the term ending December 2030. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED ELECTED OFFICIAL COMPENSATION ADVISORY COMMISSION APPOINTMENT OF MARK BAXTER [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz, Mayor Tran NOES: None ABSENT: Sandra Ibarra 6. Elected Official Compensation Advisory Commission appointment of Dr. Reginald L. Woods (Mayor’s Appointment) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Dr. Reginald L. Woods as a voting member to the Elected Official Compensation Advisory Commission representing the Mayor’s appointment. Dr. Reginald L. Woods will fill a vacant seat with the term ending December 2030. Council Staff has verified that appointee is a registered voter within the City. Packet Page. 196 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED ELECTED OFFICIAL COMPENSATION ADVISORY COMMISSION APPOINTMENT OF DR. REGINALD L. WOODS [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz, Mayor Tran NOES: None ABSENT: Sandra Ibarra City Clerk Lopez administered the Oath of Office to Janette Mckaig and Mark Baxter. PUBLIC HEARING 7. Public Hearing and Adoption of Fiscal Year 2026-2027 Maximum Permitted Solid Waste Service Rates and Future CPI Adjustments Through Fiscal Year 2030-2031 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct the public hearing regarding the proposed Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal Services; and, 2. Determine if written protests have been received from the owners and tenants of parcels which are subject to the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, and Disposal and whether a majority protest has been received; and, 3. If there is no majority protest, adopt Resolution No 2026-131 of the Mayor and City Council of the City of San Bernardino, California approving the Fiscal Year 2026-2027 Maximum Permitted Service Rates and the annual CPI adjustment schedule for Fiscal Year 2027- 2028 through Fiscal year 2030-2031. At this time, City Attorney Albert Maldonado explained the requirements of Proposition 218, governing the public hearing and the proposed adoption of the rates and charges. Director of Public Works Lynn Merrill provided a presentation. Mayor Tran opened the Public Hearing at 5:41 p.m. There were three public comments. Ms. Ashley criticized City decision-making and requested monthly ward meetings to improve community engagement and accountability. Sam McNeal requested clarification on the calculation of proposed rate increases and expressed concerns about the financial burden, lack of competitive bidding, and the City’s contract extension with the waste provider. Clementina Pina Bernal opposed the rate increase, citing financial hardship and concerns about the noncompetitive extension of the City’s waste contract. Packet Page. 197 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 7 Mayor Tran closed the Public Hearing at 5:48 p.m. City Clerk Lopez reported that 44 valid written protests were received and that no majority protest existed. The City Council was advised that it could proceed with consideration of the proposed solid waste service charge increases. Following further discussion with City Council and Burrtec, Mayor Tran reopened the Public Hearing at 5:52 p.m. The City Council discussed the impacts of SB 1383, available senior discounts and smaller waste containers, compliance requirements, and public education and enforcement. Staff and Burrtec confirmed that the proposed rates represented the final SB 1383-related cost increase and that the City remained in compliance. Mayor Tran closed the Public Hearing at 6:12 p.m. RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED RESOLUTION NO. 2026-131 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None ABSENT: Sandra Ibarra CITY MANAGER UPDATE City Manager Eric Levitt provided the City Manager Update. Highlights included the successful reopening of Nicholson Park, updates on the Pedley Road Community Garden water pressure issue, the installation of 397 solar streetlights, strong participation in the library’s summer reading program, and the 75th anniversary of the Mexico Café. PUBLIC COMMENTS FOR ITEMS AND ITEMS NOT LISTED ON THE AGENDA Al Palazzo urged the City to leverage San Bernardino’s Route 66 and Westside history for Economic Development and explore attracting a Route 66-themed restaurant to Mount Vernon. Ron Alvarado, a lifelong San Bernardino resident and Ward 1 candidate, pledged to improve neighborhoods, strengthen accountability, protect public resources, and expand city services and opportunities. Christian Shaughnessy, a candidate for Ward 2, called for comprehensive solutions to homelessness, stronger maintenance of parks and public spaces, and innovative approaches to downtown and blighted areas. Lydia Savala criticized Animal Services’ handling of strays and questioned its rising budget and performance, calling for greater accountability and expanded spay/neuter efforts. Packet Page. 198 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 8 Cheryl Brown spoke on the City’s approval of a cannabis business near a senior housing facility and raised concerns about potholes and deteriorating streets, urging the City Council to address both issues. Larry Schackelford advocated for revitalizing the Shandin Hills Golf course, highlighting its potential to support youth programs and community development through public- private partnerships. Dolores Armstead raised concerns about conflicts of interest, transparency, delayed City Hall operations, outdated traffic and general plans, lack of community input, and alleged corruption. Dulce Becerra urged the City to improve management and marketing of the Shandin Hills Golf Course, citing deteriorating conditions, rising fees, and a lack of social media promotion compared with Arrowhead Country Club. Andy Fuentes urged the Council to prioritize transparency and accountability through a forensic audit of the Shandin Hills Golf Course. Luisa Becerra, Girl Scout from Troop 1134, announced their Little Free Library project and invited the community to its grand opening on August 29th at Anne Shirrells Park. Howard Friedman supported a downtown business improvement district and raised concerns about animal shelter services and safety at Wildwood Park. Tansu Philip supported the creation of a Property and Business Improvement District (PBID) to improve downtown San Bernardino’s cleanliness, security, and overall business environment. David Alvarez reported deteriorating conditions at Shandin Hills Golf Course, declining membership and attendance, and requested a forensic audit of the management contract and financial records. David Friedman spoke in support of the PBID, emphasizing collaboration, sustainable funding, community involvement, and the need to move forward quickly to improve downtown San Bernardino. David Loest criticized the decline of Shandin Hills Golf Course under its current management, called for a thorough audit including potential conflicts of interest and staff interviews, and urged the City to consider replacing the management team. Dominic Gutierrez questioned the management and future of Shandin Hills Golf Course, urging the City to preserve and improve it, while another speaker raised concerns about transportation, illegal dumping, public safety, and neighborhood cleanliness. Russell Heckert urged the City to preserve Shandin Hills Golf Course for community and youth programs and called for a deeper audit into its finances, including delayed or bounced employee paychecks. Elvira Zamora requested a special event fee waiver for the nonprofit’s community event Packet Page. 199 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 9 Chicano Elegance, emphasizing its role in bringing together San Bernardino residents, businesses, artists, and organizations. Angel Aguirre urged the City to address crime and homelessness in the west side, improve public safety, and investigate alleged misuse of city funds. Sharon Negrete requested funding for a dedicated citywide spay and neuter program to reduce stray animals, shelter costs, and taxpayer expenses. Mirriam Nieto spoke in support of the PBID with safeguards, community involvement, and transparency, and also urged the City to preserve Shandin Hills Golf Course as a public community and youth asset. Kimberly Calvin praised the Nicholson Park project and urged the City to improve Shandin Hills Golf Course, calling for transparency, accountability, and preservation of the city’s only public golf course. Clementina Pina Bernal commented on payments received by Mayor. Tran and raised concerns regarding staffing at Shandin Hills. She also expressed concerns about animal shelter services, licensing, spay/neuter programs, illegal rentals, ADU conversions, and street maintenance. Esi-Mercy Tetteh requested free bus vouchers and additional food pantry and shower resources for individuals experiencing homelessness. Frank Becerra requested a forensic audit of Shandin Hills and a competitive RFP process for future management. Ivan Garcia thanked City staff for recent projects and encouraged greater community engagement, business involvement, and revitalization of Shandin Hills Golf Course. Debbie Kaufman raised concerns about animal shelter capacity and requested a task force to promote animal welfare, provide information on shelter operations, and explore partnerships with local veterinarians. The meeting recessed at 7:38 p.m. and reconvened at 7:49 p.m. CONSENT CALENDAR Items on the Consent Calendar are Considered Routine and are Voted on in a Single Motion Unless the Mayor and City Council or a Staff Member has Pulled the Item for More Discussion. Packet Page. 200 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED THE CONSENT CALENDAR AND ITEM NOS. 9, 10, 13, 19, 20 AND 22 WERE PULLED FOR FURTHER DISCUSSION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 8. Approve Retroactive Fiscal Year 2025/26 Budget Amendments for Housing and Homelessness Activities in the Amount of $1,735,179.97 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-132: 1. Authorizing the Director of Finance and Management Services to make retroactive Fiscal Year 2025-2026 budget amendment to increase expenditure appropriations by a total of $1,735,179.97, consisting of $385,870 in HOME Investment Partnerships Program funds for the Arrowhead Grove Phase 4 Affordable Housing Development Project; $630,580.67 in HOME funds for Jamboree’s 5th and Meridian Affordable Housing Development Project; $551,858.10 in General Fund appropriations for the Rapid Rehousing Services Program; $150,000 in CDBG funds for the Hillside Capital Street Improvements Capital Project; and $16,871.20 in CDBG-CV funds for the Motel Voucher Program. 2. Authorizing the Director of Finance and Management Services to make all necessary budget adjustments and accounting entries required to implement the administrative correction and reappropriate the previously approved funding commitments into the Fiscal Year 2025/26 Operating and Capital Budget. RESULT: ADOPTED RESOLUTION NO. 2026-132 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 9. Approve the Professional Services Agreement with Healthcare In Action in the Amount of $600,000 to Provide Street Medicine Services and Adopt a Resolution Amending the FY 2026/2027 Operating Budget Recommendation: Staff Report and supporting materials will be provided by Wednesday, August 19, 2026 The City Council discussed the $600,000 allocation, including approximately $180,000 requested for a mobile medical van. Concerns were raised about the City funding a Packet Page. 201 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 11 vehicle that Healthcare in Action would retain after the two-year agreement, as well as potential liability and whether the vehicle could instead be leased or retained by the City. Healthcare in Action explained that the mobile van would allow the organization to provide services requiring privacy and medical equipment, including examinations, testing, and medication-assisted treatment. The organization stated that the van would also help connect its services to the City and increase its ability to serve unhoused residents. Council Members also discussed Healthcare in Action’s harm-reduction practices, including fentanyl test kits, Narcan, syringe disposal, and other supplies. Council Members expressed concerns about the City indirectly funding drug paraphernalia, while Healthcare in Action clarified that its primary focus was reducing substance use, providing medical and psychiatric care, and connecting unhoused individuals with services. Council Member Ortiz moved to approve the $600,000 agreement based on the City Attorney’s recommendation, with the vehicle arrangement and final budget to be further negotiated and brought back to Council for consideration. RESULT: APPROVED THE CONTRACT AND ALLOCATED $600,000 FOR THE SPECIFIED SCOPE; THE VEHICLE IS TO BE FURTHER NEGOTIATED AND BROUGHT BACK TO THE COUNCIL [6-1] MOVER: Treasure Ortiz, Council Member, Ward 7 SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5 AYES: Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz NOES: Juan Figueroa 10. Special Event Fee Waiver in the amount of $4,332.12 for The Non -Profit Chicano Elegance Event at 4th Street. (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, authorize the City Manager to waive fees in the amount of $4,332.12 pursuant to Chapter 3.13 of the San Bernardino’s Municipal Code for Special Event Permit 26-013 for the Chicano Elegance Event taking place September 26, 2026, on 4th Street between North E Street and North Stoddard Avenue. The Council Members discussed the City’s policy regarding fee waivers and noted that, aside from designated events such as Route 66, fee waivers must be approved by Council. Council Members expressed concern about ensuring the process was consistent and not perceived as favoritism. Council Member Figueroa made a motion to use the Cultural Development Fund instead of the General Fund to cover the fee waiver. Packet Page. 202 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 12 RESULT: APPROVED STAFF’S RECOMMENDATION, AS AMENDED, WITH THE FUNDING SOURCE CHANGED FROM THE GENERAL FUND TO THE CULTURAL DEVELOPMENT FUND [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 11. Adoption of Ordinance No. MC-1668 -CFD No. 2019-1 (Maintenance Service) - Annexation No. 54 - Quick Quack Car Wash (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1668 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2026-2027 to pay the annual costs of the maintenance and servicing of lighting, streets, drainage and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: ADOPTED ORDINANCE NO. MC-1668 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 12. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for May 2026 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll register and purchasing card transactions for May 2026. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 13. Fiscal Year 2026-27 Assessment Levies for Previously Formed Assessment Districts (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2026-134 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Packet Page. 203 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 13 Fiscal Year 2026-27; and 2. Adopt Resolution No. 2026-135 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 2026-27; and 3. Adopt Resolution No. 2026-136 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2026-27; and 4. Adopt Resolution No. 2026-137 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2026-27; and 5. Adopt Resolution No. 2026-138 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1025 and 1027 for Fiscal Year 2026-27. Council Members raised concerns about how assessments were identified in the agenda materials and requested that future items include maps or other clear information showing the affected areas and parcels. Staff explained that the item was being brought back due to a County policy change and that approval was needed to ensure the assessments could be included on the County tax roll. RESULT: ADOPTED RESOLUTION NOS. 2026-134, 2026-135, 2026-136, 2026-137, AND 2026-138 [7-0] MOVER: Kim Knaus, Mayor Pro-Tem, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 14. Investment Portfolio Report for May 2026 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for May 2026. Packet Page. 204 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 14 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 15. Ratification of Additional FY 2024/25 Audit Services of $9,125 Payment to Rogers, Anderson, Malody & Scott, LLP - RAMS (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-139, ratifying additional professional audit services performed by Rogers, Anderson, Malody & Scott, LLP (RAMS) in connection with the City’s Fiscal year 2024-2025 Measure S and Air Quality Improvement Fund audits and authorizing payment of the outstanding $9,125 balance. RESULT: ADOPTED RESOLUTION NO. 2026-139 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 16. Amendments to Professional Services Agreements for Legal Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute: 1. Second Amendment to the Professional Services Agreement with Carpenter, Rothans and Dumont for representation in the Renato Urena v. City of San Bernardino, et al., United States District Court Case No. 5:24-cv-00341 JGB (SHKx) increasing the not - to -exceed amount from $100,000 to $250,000. 2. Third Amendment to the Professional Services Agreement with Graves and King for representation in the Miguel Ramirez, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2401124 increasing the not-to-exceed amount from $100,000 to $175,000. 3. First Amendment to the Professional Services Agreement with Graves and King for representation in the Angela Kay Erickon v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2317760 increasing the not-to-exceed amount from $100,000 to $175,000. 4. First Amendment to the Professional Services Agreement with Graves and King for representation in the Ruben Marin v. City of San Packet Page. 205 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 15 Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2425499 increasing the not-to-exceed amount from $100,000 to $200,000. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 17. Authorization of Fiscal Year 2026-27 Annual Technology Maintenance, Legacy System Support, Public Safety Technology Services, and Wireless Connectivity with Tyler Technologies, Inc., Harris Computer Systems, and Verizon Wireless in an Aggregate Amount Not to Exceed $1,021,741.93 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1. Authorize the City Manager, or designee, to execute Fiscal Year 2026-27 renewal agreements and related contract documents with Tyler Technologies, Inc., Harris Computer Systems, and Verizon Wireless for the services described in the staff report; 2. Authorize the Director of Finance & Management Services, or their designee, to issue Fiscal year 2026-27 purchase orders in the following amounts: a. Tyler Technologies, Inc. for AEGIS legacy administrative system support, not to exceed $252,941.46; b. Tyler Technologies, Inc for Police Department public-safety systems and one-time server upgrade, not to exceed $532,233.87; c. Harris Computer Systems for legacy payroll and human- capital -management system support, not to exceed $110,891; and d. Verizon Wireless for public-safety mobile connectivity and transitional services, not to exceed $125,675 e. The aggregate authorization shall not to exceed $1,021,741.93. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None Packet Page. 206 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 16 18 . Authorize the City Manager to Execute Goods Purchase Agreement with B&H Foto and Electronics Corporation for Audio Visual Products and Services Using Region 4 ESC Cooperative Contract No. R250402 in an Aggregate Amount Not to Exceed $120,000 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve and authorize the City Manager to execute a Goods Purchase Agreement and associated Exhibit documents with B&H Foto and Electronics Corporation to purchase audio visual products, equipment, related accessories, and available services utilizing OMNIA Partners Cooperative Contract No. R250402 issued by Region 4 Education Service Center. 2. Establish a total contract compensation amount not to exceed $120,000 for a term ending September 30, 2028, with options for up to two (2) one-year extensions, subject to and contingent upon discretionary contract renewal by Region 4 Education Service Center. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 19. Adoption of the Measure I Valley Major Streets Five-Year Capital Project Needs Analysis for Fiscal year 2027-2028 Through Fiscal Year 2031-2032 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-140 approving the Measure I Valley Major Streets Five-Year Capital Project Needs Analysis for Fiscal Year 2027-2028 through Fiscal Year 2031-2032. The discussion for Items No. 19 and 22 was combined. Council Member Ortiz discussed the related paving and Capital Improvement Project items, noting the City had significantly increased street paving efforts and was working toward developing a citywide paving plan. The Council also highlighted Measure I's importance in funding major infrastructure projects. Council Members emphasized that the items represented a five-year capital project needs analysis and explained that street improvements are planned and approved years in advance. The Council approved the items. Packet Page. 207 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 17 RESULT: ADOPTED RESOLUTION NO. 2026-140 [7-0] MOVER: Treasure Ortiz, Council Member, Ward 7 SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 20. Agreement with California Professional Engineering, Inc. for On - Call Installation of Rectangular Rapid Flashing Beacons in an Aggregate Amount Not to Exceed $500,000 Through June 30, 2030 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute an On-Call Maintenance Services Agreement with California Professional Engineering, Inc for the installation of Rectangular Rapid Flashing Beacons in the total amount not to exceed $500,000 for a term through June 30, 2030; and 2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed $100,000 for the first year of the agreement (FY 26/27). Council Members discussed the proposed flashing beacon lights and requested clarification on how locations would be determined, including factors such as traffic volume, accidents, pedestrian demand, and vehicle speeds. Council Members emphasized prioritizing school areas with heavy traffic and pedestrian activity. Council Members also requested equitable consideration of locations across all wards and suggested coordinating the flashing beacons with existing Safe Routes to School funding and planning. Staff indicated the programs could be implemented in conjunction. RESULT: APPROVED STAFF’S RECOMMENDATION[7-0] MOVER: Treasure Ortiz, Council Member, Ward 7 SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None Packet Page. 208 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 18 21. Approve Amendment No 1 to Vendor Services Agreement with West Coast Netting for Driving Range Repair Services at the Shandin Hills Golf Course increasing the not to exceed amount by $130,499.36 (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 1 to the Vendor Services Agreement with West Coast Netting for Driving Range Repair Services at the Shandin Hills Golf Course increasing the not to exceed amount by $130,499.36 for a new total contract amount not to exceed $375,092.36; and 2. Authorize the City Manager to execute all necessary documents and expend the contingency budget as appropriate. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 22. Five-Year Capital Improvement Plan FY 2026/27 to FY 2030/31 for Measure I Local Street Program Expenditures (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-141 approving the Revised Measure I Five- Year Capital Improvement Plan for Fiscal Year 2026/27 through Fiscal Year 2030/31 (MICIP) and Measure I Expenditure Strategy. RESULT: ADOPTED RESOLUTION NO. 2026-141 [7-0] MOVER: Treasure Ortiz, Council Member, Ward 7 SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 23. On-Call Maintenance Services Agreement with Yunex LLC for Traffic Signal Improvements at Various Locations in the total amount not to exceed $400,000 for a term through June 30, 2030 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute an On-Call Maintenance Services Agreement with Yunex. LLC for traffic signal improvements at various locations in the total amount not to exceed $400,000 for a term through June 30, 2030; and Packet Page. 209 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 19 2. Authorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $100,000 for the first year of the agreement (FY 26/27). RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 24. Resolution For Approving Letter of Authorization Agreement for the City Facility Energy Infrastructure Assessment Program with Alliance Building Solutions to Conduct a Comprehensive and No Cost Assessment of City Facilities for Potential Energy Conservation Measures Retrofit, and Finding This Action Exempt from the California Environmental Quality Act. (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2026-142 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Letter of Authorization Agreement for a City Facility Energy Infrastructure Assessment Program with Alliance Building Solutions (ABS) in order to conduct a comprehensive and no cost assessment of city facilities for potential energy conservation measures retrofit, and finding this action exempt from the California Environmental Quality Act. RESULT: ADOPTED RESOLUTION NO. 2026-142 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None DISCUSSION 25. Designation of Voting Delegates and Alternates for the 2026 League of California Cities Annual Conference and Expo, September 23-25, 2026, Anaheim Convention Center (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one voting delegate and up to two alternate voting delegates to the 2026 Cal Cities Annual Conference and Expo on September 23-25, 2026, Anaheim, California Convention Center. Council Member Sanchez made a motion to select Council Member Shorett as the Packet Page. 210 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 20 voting delegate and himself for the alternate voting delegate. RESULT: APPROVED THE SELECTION OF COUNCIL MEMBER SHORETT AS THE CAL CITIES CONFERENCE VOTING DELEGATE, AND COUNCIL MEMBER SANCHEZ AS ALTERNATE [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 26. Arden Guthrie – Presentation and Developer Selection (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive a report, consider presentations from the development teams on their concept for the future development of the Arden Guthrie property, and provide staff direction regarding the development of the Arden Guthrie Property. Stephanie Castro, Economic Development Project Manager, presented the Arden Guthrie developer selection, noting the 17-acre, commercially zoned site had been City-owned since 2006 and was intended for retail development. Staff received proposals from Panorama Properties and Schneider Commercial Real Estate and requested Council direction to proceed with an Exclusive Negotiating Agreement (ENA). Panorama Properties presented a retail shopping center concept focused on long-term ownership, community engagement, quality tenants, and coordination with nearby schools and transportation agencies. Schneider Commercial Real Estate proposed a center featuring home improvement, furnishings, appliances, grocery, restaurants, and other services, with an emphasis on security, community needs, and leveraging its prior development experience in San Bernardino. Both developers identified the Highland Avenue freeway off-ramp and surrounding uses as important considerations and indicated the concepts would be refined through the ENA process. Schneider estimated approximately $1.2 million in annual sales tax revenue to the City. Council was asked to provide direction on selecting a developer and moving forward with the ENA process. At this time, Mayor Tran asked for a motion to continue the meeting past 9:00 p.m., in accordance with Resolution No. 2024-029. Council Member Figueroa made the motion, and Council Member Ortiz seconded the motion. Packet Page. 211 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 21 RESULT: CONTINUED THE MEETING PAST 9:00 P.M., IN ACCORDANCE WITH RESOLUTION NO. 2024-029 [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None The discussion for Item No. 26 continued. Council Members emphasized the importance of securing quality tenants, generating sales tax revenue, addressing the site’s freeway access and surrounding conditions, and conducting inclusive community outreach. Both developers confirmed they did not yet have formal letters of intent from tenants but had begun discussions with potential retailers. Council also discussed the purpose and timeline of the ENA process, with staff indicating they would return within approximately 30–45 days with proposed timelines and negotiation terms. Council raised questions about each developer’s financing, experience, and ability to complete the project. Council Members supported Panorama Properties, noting its tenant relationships and placemaking experience, and moved to proceed with Panorama on an ENA. Council discussed potential anchor tenants, including grocery stores and Porto’s, and emphasized the importance of bringing new, high-quality development to San Bernardino. Staff and the developers discussed tenant outreach, with Schneider noting its experience with Walmart-centered developments and its cautious approach to securing tenants before entering the ENA process. Council Member Ortiz made a motion to select Panorama Developments and Mayor Pro- Tem Knaus seconded the motion. Council Member Shorett made a substitute motion to select Schneider Commercial Real Estate, and Council Member Sanchez seconded the motion. RESULT: FAILED TO SELECT SCHNEIDER COMMERCIAL REAL ESTATE [2-5] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez and Shorett NOES: Ibarra, Figueroa, Knaus, Flores, Ortiz Council voted on the original motion. Packet Page. 212 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 22 RESULT: APPROVED THE SELECTION OF PANORAMA DEVELOPMENT [7- 0] MOVER: Treasure Ortiz, Council Member, Ward 7 SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None City Manager Levitt announced that for Item No. 27, the presentation would be for informational purposes only, with no action or decision to be taken that evening. 27. Downtown San Bernardino PBID Phase II Formation - $74,500 Agreement with Civitas Advisors, Inc. and Fiscal Year 2026-2027 General Fund Budget Amendment (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-143: 1. Receive and file the oral presentation from Civitas Advisors Inc., on the Downtown San Bernardino Property and Business Improvement District (PBID) Formation Phase I Final Feasibility Study and Findings / Overview of the proposed Phase II Formation process; and 2. Authorizing the City Manager, or designee, to execute the Professional Services Agreement (PSA) with Civitas Advisors Inc., for the Downtown San Bernardino Property and Business Improvement District (PBID) Formation Services Phase II in an amount not-to-exceed $74,500 and, signing subsequent, necessary, and related documents to implement the PSA; and 3. Authorizing the Director of Finance and Management Services, or designee, to amend the FY 2026/27 Operating Budget in the amount of $74,500 for the Phase II Formation of the Downtown San Bernardino Property and Business Improvement District, and; moving the funds into Economic Development Department Professional Contractual Services; and 4. Authorizing the Director of Finance and Management Services, or designee, to issue a purchase order in the amount of $74,500 to Civitas Advisors, Inc The Mayor and City Council received a presentation on the proposed Downtown San Bernardino PBID Phase 2 formation. The feasibility study found support among participating property owners, with priorities including cleanliness, safety, and capital improvements. The proposed PBID could generate about $300,000 annually, and formation would require additional property-owner approval. Council Members requested that the PBID discussion be incorporated into the broader downtown revitalization and strategic planning discussions scheduled for September. The item was received and filed with no action taken. Packet Page. 213 Regular Meeting Draft Minutes August 19, 2026 Mayor and City Council of the City of San Bernardino Page 23 RESULT: NO ACTION TAKEN; RECEIVED AND FILED 28. Shandin Hills Golf Club Management Agreement -Audit Status Update (Ward 5) Recommendation: It is recommended that the Mayor and City Council receive and file this status report on the independent, agreed-upon audit of the Shandin Hills Golf Club Management Agreement. If the City Council chooses to add scope to the audit staff can amend the scope of work. The City Council discussed expanding the Shandin Hills Golf Club management agreement audit to provide a comprehensive review of financial activities, management transitions, City expenditures, revenues, assets, maintenance, annual plans, and operational performance. They requested that the audit include a five-year financial trend, transactions outside the point-of-sale system, dual memberships, equipment and asset verification, maintenance records, and relevant records from other golf course operations as permitted by the management agreement. Council Members also emphasized the need to distinguish the responsibilities of the City from those of the management company, including capital improvement funding and contract oversight. Staff confirmed that the audit would review both parties’ responsibilities and identify budgeted expenditures, gaps, and compliance issues. A structural assessment of the golf course facilities and additional financial information were also requested. RESULT: NO ACTION TAKEN; RECEIVED AND FILED MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included updates on homelessness funding, the grand reopening of Nicholson Park, and upcoming community events. Council Members commended City staff and departments for their responsiveness, project coordination, and community engagement. Updates also included the San Bernardino Public Library’s fall book sale, an upcoming community cleanup and beautification effort, and a community meeting scheduled. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, August 19, 2026, at 10:45 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on September 2, 2026, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Telicia Lopez, CMC City Clerk Packet Page. 214 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Eric Levitt, City Manager City Clerk It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1671, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 9.50 to Article IV of Title 9 of the San Bernardino Municipal Code, requiring a notification of transport of unhoused persons who lack a fixed, regular, and adequate nighttime residence to the City of San Bernardino. The City Manager recommends approval. Homelessness is a regional issue that requires coordination among cities, public agencies, and service providers. The proposed Ordinance establishes a notification process for organizations and agencies transporting individuals experiencing homelessness into San Bernardino. The process will improve service coordination, promote regional accountability, and help the City manage limited resources. The Ordinance does not prohibit transportation or an individual’s right to travel. Homelessness is a regional issue because the geographic distribution of homelessness reveals stark disparities, with a significant portion concentrated in populous communities that have homeless shelters and provide supportive services. In order to fairly address these issues, public agencies need to partner and work together collaboratively to focus on creating long-term solutions instead of disproportionately burdening the cities that provide more robust homeless services than their neighboring public agencies. Packet Page. 215 When individuals are transported into San Bernardino without coordinated discharge planning or service linkage, the City’s limited shelter beds, outreach capacity, and housing resources are further strained. These circumstances can create a disproportionate service and financial burden on the City and may reduce available resources for individuals for whom San Bernardino has primary responsibility. Furthermore, a significant percentage of recuperative care patients originate from outside the City, and a substantial portion remain in San Bernardino following discharge without a permanent housing plan. Without coordinated placement, many individuals return to unsheltered homelessness within City limits. In addition to operational impacts, uncoordinated drop-offs create fiscal impacts. Staff expends a significant amount of resources to provide shelter, rental assistance, housing navigation, case management, and outreach services necessary to stabilize each unsheltered individual. When individuals are transported into the City without coordination and subsequently require services, these costs are borne by City resources and may reduce capacity to serve individuals for whom the City has primary responsibility. Given the regional nature of homelessness and the limited availability of housing and supportive services, the City seeks to ensure improved coordination when individuals are transported into San Bernardino by other agencies and organizations. Discussion The proposed Ordinance would add Chapter 9.50 to the City of San Bernardino Municipal Code, establishing a reporting requirement for transportation of individuals who lack a fixed, regular, and adequate nighttime residence into the City. The Ordinance does not prohibit transportation of individuals experiencing homelessness into the City. Instead, it establishes a minimal reporting and coordination framework designed to ensure continuity of care, protect public health and safety, and responsibly manage limited municipal resources. The Ordinance requires that pre-scheduled drop-offs must occur during normal business hours (8:00 a.m. to 5:00 p.m. Sunday through Saturday) to allow City staff and service providers to coordinate shelter placement, behavioral health services, and housing navigation. Under the proposed Ordinance, any organization including non-profit organizations or government entity, or employee or agent acting on behalf of an organization or government entity, who intends to transport and drop off an individual who lacks a fixed, regular, and adequate nighttime residence within the City must provide written notice (i.e. form of an email, website form, or application) to the City Manager and the Deputy Director of Housing and Homelessness at least 24 hours prior to the drop-off. The notice must include: Packet Page. 216 1. The name, address, phone number, and email address of the government entity or other organization providing the notice; 2. The date and time of the notification; 3. The staff person submitting the notification; 4. The full name (first name, last name, and middle initial), date of birth, phone number of the individual being transported and/or dropped off; 5. The location where the person named is being transported from; 6. The reason for transport (Shelter placement, Family Reunification, Medical/Behavioral Health, Other: _____); 7. The name, address, phone number and email of the organization to whom the person being transported is being delivered; 8. Whether the organization receiving the person being transported has confirmed the acceptance of the person prior to being transported; 9. A list of any conditions that the organization receiving the person being transported requires prior to their acceptance of that person; 10.The name and title of the staff person who has agreed to receive the person being transported; 11.The expected date, time, and mode of transportation by which the person is being transported; 12.The names and titles of staff members accompanying the person being transported; 13.Whether the person being transported requires any assistance to maintain Activities of Daily Living (Y/N); 14.The criminal justice status of the person being transported (i.e. Probation/Parole (County:_____); 15.Whether person being transported is required to be listed on Sex Offender Registry as per PC 290 (Y/N); and 16.Whether the person being transported has any Arson Related Restrictions (Y/N). The proposed Ordinance also requires that any organization or government entity, or any employee or agent acting on behalf of an organization or government entity, who files a notice, as described above, and/or who transports and/or drops-off an individual who lacks a fixed, regular, and adequate nighttime residence within the City, must provide a follow-up written notice (i.e. form of an email, website form, or application) to the Deputy Director of Housing and Homelessness at least 24 hours prior to the drop-off. The follow-up notice must include: 1. The name of the individual that was transported and/or the name of the person for whom the notice, as per the requirements of the notice above, was submitted; 2. The exact drop-off location of the person that was transported; 3. The Date and time of the drop-off; 4. Whether the person being dropped off was successfully placed into services; Packet Page. 217 5. The name and title of the staff member that accepted the person being dropped-off into their services; and 6. If the person was not transported and/or successfully placed into services, an explanation of why the person was not transported and/or successfully placed, including a description of what happened to the person and whether any follow-up contact has been scheduled. The Ordinance defines the phrase “lacks a fixed, regular, and adequate nighttime residence” consistent with commonly used homelessness definitions, including individuals residing in places not meant for habitation, temporary shelters, certain institutional settings, or exiting detention without a stable residence. The Ordinance includes explicit exemptions for lawful and necessary activities, including: •Transportation for booking into jail or custody alternatives; •Transportation to licensed medical facilities; •Transportation to verified social service or court appointments; •Transportation conducted by the City of San Bernardino within its jurisdiction; and •Public transit operations. The purpose of the reporting requirement is to: •Identify the place of origin of individuals transported into the City of San Bernardino; •Improve coordination with service providers to reduce the likelihood that individuals are released into unsheltered conditions; •Facilitate interjurisdictional dialogue regarding shared responsibility and funding; and •Ensure that limited City shelter and outreach resources are managed effectively. To mitigate the financial burden and negative impacts associated with uncoordinated drop-offs, it is necessary to establish coordination with service providers and increase access to housing navigation, case management, and behavioral health support. Research and local experience demonstrate that coordinated service planning significantly reduces the likelihood of individuals returning to chronic homelessness. The Ordinance regulates institutional transportation practices and does not restrict an individual’s right to travel or relocate. It does not criminalize homelessness and does not prohibit charitable acts or basic survival assistance as outlined in Government Code section 53069.44. The City of San Bernardino, as a charter city, possesses authority under Article XI, Section 7 of the California Constitution to enact police, sanitary, and other regulations to protect public health, safety, and general welfare. The proposed Ordinance Packet Page. 218 constitutes a limited administrative reporting requirement intended to address identifiable fiscal and operational impacts while supporting a coordinated and compassionate response to homelessness. The intent of the Ordinance is threefold: 1. Ensure Coordination and Continuity of Services Advance notice allows City staff and service providers to confirm shelter availability, behavioral health needs, and housing navigation pathways to prevent individuals from being released into unsheltered conditions without support. 2. Promote Regional Accountability Reporting enables the City to identify jurisdictions of origin and engage in data- driven dialogue regarding shared responsibility, funding allocation, and regional planning. 3. Protect Public Health and Safety Individuals transported without a service plan face heightened risks of victimization, untreated medical or behavioral health conditions, and chronic homelessness. Coordinated discharge planning reduces the likelihood that individuals will return to the streets without support. To ensure compliance with the reporting requirements, the Ordinance establishes an enforcement framework through the City’s existing administrative citation process for each day of non-compliance. The City may pursue additional remedies including declaring a public nuisance, administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law, and such remedies are cumulative to each other. The Ordinance also includes a severability provision to ensure that if any part or provision of the chapter, or its application to any person or circumstance, is found invalid by a court of competent jurisdiction, the remaining provisions of the chapter will continue in full force and effect. Strategic Goals and Priorities Approval of the Ordinance aligns with Goal No. 3: Improved Quality of Life. (“a. Reduce the burden of the unsheltered through engagement, collaboration, and partnerships with other entities.”) The Mayor and City Council’s approval of the Ordinance would potentially help to alleviate the fiscal and operational burdens on City resources from additional homeless individuals being brought into the City in an uncoordinated fashion. Packet Page. 219 Fiscal Impact There should be no fiscal impact to the City assuming compliance with the Ordinance. There will be an undetermined fiscal impact from administrative citations issued and collected for violators of the Ordinance. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1671, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 9.50 to Article IV of Title 9 of the San Bernardino Municipal Code, requiring a notification of transport of unhoused persons who lack a fixed, regular, and adequate nighttime residence to the City of San Bernardino. Attachments Attachment 1 Ordinance No. MC-1671 Attachment 2 Ordinance No. MC-1671 Exhibit A Ward: All Wards Synopsis of Previous Council Actions: N/A Packet Page. 220 Ordinance No. MC-1671 1 ORDINANCE NO. MC-1671 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 9.50 TO ARTICLE IV OF TITLE 9 OF THE SAN BERNARDINO MUNICIPAL CODE, REQUIRING A NOTIFICATION OF TRANSPORT OF UNHOUSED PERSONS WHO LACK A FIXED, REGULAR, AND ADEQUATE NIGHTTIME RESIDENCE TO THE CITY OF SAN BERNARDINO WHEREAS, the City of San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, homelessness continues to be one of the largest social challenges facing our community; and WHEREAS, homelessness is a regional issue because the geographic distribution of homelessness reveals stark disparities, with a significant portion concentrated in populous communities that have homeless shelters and provide supportive services. In order to fairly address these issues, public agencies need to partner and work together collaboratively to focus on creating long-term solutions instead of disproportionately burdening the cities that provide more robust homeless services than their neighboring public agencies; and WHEREAS, Welfare and Institutions Code § 17000 provides: “Every county and every city and county shall relieve and support all incompetent, poor, indigent persons, and those incapacitated by age, disease, or accident, lawfully resident therein, when such person are not supported and relieved by their relatives or friends, by their own means, or by state of private institutions”; and WHEREAS, Government Code § 65580 requires all local governments “…to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community.” Government Code § 65583(a)(7) also requires public entities to conduct an analysis of special housing needs including housing for those who are in need of emergency shelter; and WHEREAS, Every public agency is legally responsible to support their own indigent population; and WHEREAS, the City Council is committed to protecting the life, health, and safety of its residents. As a result, the City has invested money in building several homeless shelters, motel voucher programs, rapid rehousing programs, and more; and WHEREAS, the City has experienced significant increases in homelessness in recent years. The City is home to a number of governmental and non-profit homeless service providers Packet Page. 221 Ordinance No. MC-1671 2 which contribute to an influx of unhoused individuals who originate from neighboring public agencies and come to the City; and WHEREAS, the City’s 2026 Point-in-time count reported that 1,172 people were experiencing unsheltered homelessness within the City; and WHEREAS, when other public agencies and other organizations drop unhoused individuals from other jurisdictions into the City, it ends up creating a nuisance for the City because some unhoused individuals from other jurisdictions end up refusing services, going back onto the streets, and committing crimes. Often the City has to expand public funds to abate homeless encampments. Because dropping unhoused individuals in the City causes more unhoused individuals from other places of origin to remain in the City, it places a huge financial burden on the City to address the issues the drop-offs create; and WHEREAS, an influx of unhoused individuals from neighboring public agencies and other organizations take allocated resources away from those unhoused individuals who the City is legally responsible to serve. Individuals transported to and dropped in the City without a stable housing plan increases the City’s need for shelter, street base services and further contributes to the City’s housing instability; and WHEREAS, in order to mitigate the financial burden and negative impacts to the City of unhoused individuals being dropped within its jurisdiction, it is necessary to establish coordination with service providers and increase access to housing navigation, case management, and behavioral health support, which can significantly reduce the likelihood of individuals suffering chronic homelessness from returning to the streets; and WHEREAS, there are significant costs to the City to provide services when one unhoused person is dropped into our community without any coordination and ends up on the streets; and WHEREAS, the minimal reporting requirements of this Ordinance will provide information necessary for the City: (1) to coordinate the City’s limited resources available to address the needs of those facing housing instability; (2) to mitigate the health and safety impacts associated with housing instability; (3) to identify the place of origin of unhoused persons being transported into the City to facilitate dialogue between jurisdictions and other organizations to address the underlying conditions causing the inflow and to request the allocation of funding necessary to not overburden the City; and WHEREAS, this Ordinance does not prohibit any person or organization from directly providing support services to a person who is unhoused or from assisting a person who is unhoused with acts related to basic survival as outline in California Government Code Section 53069.44, including providing food/water/blankets/pillows/items to protect from the elements and items for immediate personal health and hygiene. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. Packet Page. 222 Ordinance No. MC-1671 3 SECTION 2. Chapter 9.50 is hereby added to the City of San Bernardino Municipal Code to state, in full, as provided in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California. SECTION 4. CEQA. The Mayor and City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of October 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Albert J. Maldonado, City Attorney Packet Page. 223 Ordinance No. MC-1671 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1671, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of September 2026. Ordinance No. MC-1671 was approved/ passed and adopted at a regular meeting held the 7th day of October 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2026. Telicia Lopez, CMC, City Clerk Packet Page. 224 Ordinance No. MC-1671 -1- EXHIBIT A This ordinance shall be known as the Notification of Transport of Unhoused Persons Who Lack a Fixed, Regular and Adequate Nighttime Residence. The purpose of this ordinance is to: (A)Identify the place of origin for persons who lack a fixed, regular, and adequate nighttime residence in the City; (B)Identify any county, city, other governmental entity, or other organization including but not limited to non-profits that transports persons who lack a fixed, regular, and adequate, nighttime residence in the City; (C)Require government agencies and other organizations to aid such persons by providing shelter, care, outreach, and other homelessness-related resources in their own jurisdictions rather than simply just transporting these individuals to the City; (D)Manage and prioritize the City’s limited homelessness-related resources (including shelter, outreach, and supportive services) for the benefit of individuals who reside in or originate from the City; and (E) Prevent government agencies and other organizations from engaging in cruel and inhumane treatment of unhoused individuals by merely dumping them in the City without any coordinated plan for services. All government entities, organizations, including non-profit organizations, shall comply with the follow regulations: (A)Pre-scheduled drop-offs can only occur during normal business hours 8:00 a.m. to 5:00 p.m. Sunday through Saturday. (B)Before any government entity, other organization, or employee or agent acting on behalf of any governmental entity or other organization can transport and drop off an unhoused individual who lacks a fixed, regular, and adequate nighttime residence on public property or private property that is accessible to the public in the City, the government entity, organization, or employee/agent acting on behalf of any governmental entity or other organization shall notify in writing via email the Deputy Director of Housing & Homelessness of the transport and drop-off 24 hours in advance of the occurrence to ensure proper coordination so that the individual goes into supportive services and does not end up living on the streets in the City. When a public entity or other organization notifies the Packet Page. 225 Ordinance No. MC-1671 -2- City of an upcoming drop-off, they must provide the following written information (“Initial Notice”) to the City to ensure continuity of services: 1. The name, address, phone number, and email address of the government entity or organization providing the notice; 2. The date and time of the notice; 3. The staff person submitting the notice; 4. The full name (first name, middle initial, and last name), date of birth, and phone number of the individual being transported and/or dropped off; 5. The location where the person named is being transported from; 6. The reason for transport (shelter placement, family reunification, medical/behavioral health, other); 7. The name, address, and email address of the organization to whom the person being transported is being delivered; 8. Whether the organization receiving the person being transported has confirmed the acceptance of the person prior to being transported; 9. A list of any conditions that the organization receiving the person being transported requires prior to their acceptance of that person; 10. The name and title of the staff person who has agreed to receive the person being transported; 11. The expected date, time, and mode of transportation by which the person is being transported; 12. The names and titles of staff members accompanying the person being transported; 13. The criminal justice status of the person being transported (i.e. Probation/Parole and if applicable in which county); 14. Whether the person being transported is registered on the Sex Offender Registry as per Cal. Penal Code § 290; and 15. Whether the person being transported is registered as an Arson Offender as per Cal. Penal Code § 457.1. (C)24 hours after submitting notice, as per Section 3 Subsection B above, and/or after any government entity, organization, or any employee or agent acting on behalf of any governmental entity or organization transports and/or drops off an unhoused individual who lacks a fixed, regular, and adequate nighttime residence on public property or private Packet Page. 226 Ordinance No. MC-1671 -3- property that is accessible to the public in the City, the employee/agent acting on behalf of any governmental entity or other organization shall send via email a drop-off confirmation notification (“Confirmation Notice”) to the Deputy Director of Housing & Homelessness of San Bernardino of the status of the transport/drop off to ensure proper coordination so that the individual goes into supportive services and does not end up living on the streets of San Bernardino. The Confirmation Notice shall include: 1. The name of the individual who was transported; 2. The exact drop off location of the person who was transported; 3. The date and time of the drop-off; 4. Whether the person who was being dropped off was successfully placed into the services; 5. The name and title of the staff member that accepted the person being dropped- off into their services; and 6. If the person was not successfully transported and placed into services, an explanation of why the person was not transported successfully, including a description of what happened to the person, and whether any follow-up contact has been scheduled. (D)A person “lacks a fixed, regular, and adequate nighttime residence within Section 3 Subsection B when a person has a nighttime residence: 1. That is not meant for habitation; or 2. Lives in a publicly or privately operated shelter designed to provide temporary living arrangements; or 3. Is exiting an institution where he/she/they resided for ninety days or less and who resided in an emergency shelter; or 4. Is exiting a detention center in the City without having a primary nighttime residence to return to upon release. (E) Subsection A shall not prohibit the following activities: 1. Transporting a person to be booked into a county jail or admitted into a county- designated custody alternative facility; or 2. Transporting a person to be treated at a licensed hospital or medical facility; or 3. Transporting a person to attend a verified appointment with a government or non-profit social service provider; or Packet Page. 227 Ordinance No. MC-1671 -4- 4. Transporting a person to attend a verified hearing at the San Bernardino County Superior Court; or 5. Any transportation undertaken by the City within the City; or 6. The operations of a governmental provider of public transportation. Section 9.50.030 Enforcement. Any person, governmental entity, agency, or other organization who transports an unhoused individual into the City of San Bernardino and who violates any provision of this Chapter may be issued an administrative citation in accordance with Chapter 9.92 of the City’s Municipal Code for each individualized instance of non-compliance. It is unlawful and declared a public nuisance to violate any provision of this Chapter. The City may also enforce violations of this Chapter by administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law. The remedies, procedures, and penalties contained herein are cumulative to each other and to any other remedies, procedures, and penalties available under City, State, or Federal Law. These remedies, procedures, and penalties contained herein shall apply to each individualized instance of non-compliance. Packet Page. 228 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Eric Levitt, City Manager City Manager's Office It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC- 1672, An Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Chapter 8.32 to Title 8 Of The San Bernardino Municipal Code to Establish Registration, Maintenance, Security, and Inspection Requirements for Vacant Or Abandoned Residential, Commercial, and Industrial Properties. The City Manager recommends approval. Vacant properties can create significant public health, safety, and blight concerns, particularly when unlawfully occupied. The proposed Ordinance establishes maintenance, registration, and inspection requirements for properties that remain vacant for more than 90 consecutive days. These requirements will help the City identify and monitor vacant properties, address unsafe conditions, and hold property owners accountable for maintaining their properties. The Ordinance will help reduce blight and protect the health, safety, and quality of City neighborhoods. Vacant properties can readily become attractive nuisances, creating significant risk to public health, safety, and the City’s overall welfare. Over the years, the City has encountered several instances in which unhoused individuals have unlawfully entered and occupied a vacant property. While occupying the property, the unhoused individuals started fires, which led to partial or complete fire damage to the structures. These circumstances demonstrate that vacant properties may pose significant risks to public Packet Page. 229 health and safety and contribute to the spread of blight within the community. Discussion To reduce blight and promote active property use, the recommended Ordinance would implement vacant property maintenance, registration, and inspection requirements for vacant or abandoned residential, commercial, and industrial properties. The requirements will apply only to property that meets the definition of “Vacant Property.” “Vacant Property” is “[r]eal property containing a building or structure that is unoccupied and not being lawfully used for its intended purpose.” The definition will not extend to property that is temporarily unoccupied. The Ordinance includes several additional requirements intended to strengthen compliance, accountability, and public safety. For each quarterly inspection, the property owner would be required to inspect the property, certify compliance with the Ordinance, and submit a written report to the City. The property owner would also be required to coordinate the quarterly inspection with the City so that a Code Enforcement representative is present and signs the written inspection report prior to its submission to the City. The property owner would be responsible for paying the reasonable costs associated with the presence of the Code Enforcement representative at each quarterly inspection. In addition, any security alarm system serving a vacant property would be required to comply with Chapter 8.81 of the San Bernardino Municipal Code, including obtaining an alarm permit from the City’s Police Department. The property owner would also be required to complete and submit a trespass authorization letter to the City each year the property remains vacant and registered. The proposed Ordinance further provides that a property owner would not be subject to the Ordinance where the owner has not received a favorable land use decision allowing the property to be put to a reasonable use, provided that the owner continues to actively and continuously market the vacant property in good faith for sale, lease, or rent through commercially reasonable efforts. Finally, the proposed Ordinance revises numerous provisions by replacing discretionary terms such as “may” with mandatory terms such as “shall,” where appropriate, to provide greater clarity regarding the obligations of property owners and the City’s administration and enforcement of the Ordinance. The property owner will remain solely responsible for maintaining and registering the vacant property in accordance with the ordinance. Maintenance requirements include, but are not limited to, maintaining landscapes, preventing criminal activity, or trespassing by unauthorized person, and turning off utilities that are not needed for the maintenance of the property. The property owner will also have to physically inspect the property and submit to the City a written report on a quarterly basis detailing their inspections and compliance with the vacant property requirements. The ordinance also establishes mandatory registration requirements for all vacant properties that have remained vacant for more than ninety (90) consecutive calendar days. The registration requires, among other requirements, the name and contract information of the property owner, authorized agent, and or the individual responsible for the maintenance and security of the property. Where the City has cause to believe Packet Page. 230 that a property is a “vacant property” that has remained vacant for more than ninety (90) consecutive calendar days, the ordinance allows the City to serve the property owner a written notice requesting that the property owner register their vacant property. Requiring the registration enables the City to identify and monitor the vacant properties, enforce applicable maintenance requirements, and more promptly address conditions that may threaten public health and safety. Where a property owner fails to register a vacant property, the City may pursue enforcement remedies and penalties authorized under the Municipal Code. Such enforcement remedies and penalties include imprisonment in county jail not to exceed six (6) months, a fine not to exceed $1,000, or both. A vacant property registration is valid for twelve (12) months from the date of registration. If the property remains vacant property at the end of the twelve (12) month term, the registration must be renewed. A property shall remain on the City’s registry until it no longer satisfies the ordinance’s definition of vacant property. By implementing such requirements, the City would protect the health, safety, and appearance of its neighborhoods, reduce blight, and promote the use of vacant properties. Strategic Goals and Priorities Approval of the vacant or abandoned properties ordinance aligns with Goal No. 3: Improved Quality of Life. (“c. Evaluate and enhance the quality of public safety services; d. Improve the City’s appearance, cleanliness and attractiveness”) The Mayor and City Council’s approval of the Ordinance would improve the appearance and overall attractiveness of the City by promoting the proper maintenance of vacant properties and preventing conditions that contribute to neighborhood blight. Fiscal Impact The property owner of the vacant property is responsible for paying any fees established by resolution of the Mayor and City Council for the administration and enforcement of Chapter 8.32. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC- 1672, An Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Chapter 8.32 to Title 8 Of The San Bernardino Municipal Code to Establish Registration, Maintenance, Security, and Inspection Requirements for Vacant Or Abandoned Residential, Commercial, and Industrial Properties. Attachments Attachment 1 - Ordinance No. MC-1672 Packet Page. 231 Ward: All Wards Synopsis of Previous Council Actions: N/A Packet Page. 232 Ordinance No. MC-1672 1 ORDINANCE NO. MC-1672 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 8.32 TO TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH REGISTRATION, MAINTENANCE, SECURITY, AND INSPECTION REQUIREMENTS FOR VACANT OR ABANDONED RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL PROPERTIES WHEREAS, the City of San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, Article XI, section 7 of the California Constitution grants cities the authority to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations; and WHEREAS, the California Health and Safety Code sections 33031 and 17920.3 identifies physical and economic conditions that cause blight, including serious building deterioration and an abnormally high number of abandoned buildings. The California Building Standards Codes also contain standards for conditions of buildings and structures; and WHEREAS, vacant residential, commercial, and industrial properties can become attractive nuisances, and the City has seen several examples whereby unhoused individuals have broken in and occupied vacant properties, have started fires, and have led to those structures catching fire and creating partial or complete fire damage to the structures; and WHEREAS, it is the intent of the Mayor and City Council to protect the health, safety and appearance of the City’s neighborhoods by reducing blight and promoting active property use by implementation of a vacant property maintenance and registration requirement; and WHEREAS, vacant and abandoned properties may require increased monitoring, inspection, code enforcement, and other municipal services, and the Mayor and City Council desire to establish a program to recover the reasonable costs of administering such program. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Incorporation. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Code Amendment. Chapter 8.32 is hereby added to Title 8 (Health and Safety) of the City of San Bernardino Municipal Code, to read in its entirety as follows: Packet Page. 233 Ordinance No. MC-1672 2 “§8.32.010 PURPOSE. The purpose of this Chapter is to promote the health, safety, and general welfare of the residents of the City of San Bernardino (“City”) by establishing registration, maintenance, security, and inspection requirements for vacant or abandoned residential, commercial, and industrial properties. This Chapter is intended to prevent and reduce blight, deterioration, and public nuisances, and to encourage the productive use and occupancy of such properties. §8.32.020 APPLICABILITY. This Chapter shall apply to all residential, commercial and industrial real property containing a building or structure that meets the definition of “Vacant Property” in this Chapter and is located within the City. A Vacant Property shall not be exempt from the maintenance or security requirements of this Chapter solely because it is offered for sale, lease, or rent. A Vacant Property that is actively and continuously marketed in good faith for sale, lease, or rent through commercially reasonable efforts may be exempt from the registration requirement, provided that the Property Owner demonstrates such marketing to the satisfaction of the City and the property remains in full compliance with all applicable provisions of this Code. Property owners shall not be subject to this Chapter where they have not received a favorable land use (e.g., entitlement; permit; map; etc.) vote by the applicable City review authority to put the Vacant Property to reasonable use and continue to actively and continuously market the Vacant Property in good faith for sale, lease, or rent through commercially reasonable efforts. §8.32.030 DEFINITIONS. Words and phrases used in this Chapter shall have the meanings set forth below. Terms not defined in this Chapter shall have the meanings assigned elsewhere in this Code or, if not otherwise defined, their ordinary meanings. DIRECTOR: The City of San Bernardino Director of Community Development and Housing. PROPERTY OWNER or OWNER: Any person or legal entity holding legal or equitable title to a Vacant Property located within the boundaries of the City of San Bernardino. Where more than one person or entity qualifies as an Owner, the obligations imposed by this Chapter shall apply jointly and severally to each Owner. VACANT PROPERTY: Real property containing a building or structure that is unoccupied and not being lawfully used for its intended purpose. A property shall not be considered vacant solely because it is temporarily unoccupied while active construction, rehabilitation, or repair is being performed pursuant to any required valid City permit, provided that the work is progressing diligently toward completion. Packet Page. 234 Ordinance No. MC-1672 3 §8.32.040 RESPONSIBILITY. The Property Owner shall remain responsible for maintaining the property in compliance with this Chapter and all other applicable provisions of this Code, regardless of whether the Owner designates an authorized agent to perform any duty required by this Chapter. §8.32.050 REQUIRED MAINTENANCE OF THE PROPERTY. (A) Every Vacant Property shall be maintained in compliance with Section 15.24.040 of this Code and all other applicable property-maintenance requirements. (B) Additional Maintenance Requirements For Vacant Properties. (1) Unimproved Vacant Lots. Persons owning or maintaining vacant lots that were never developed or became vacant after pre-existing buildings, structures, or impervious surfaces were removed, must provide a landscape and irrigation plan to the Director for approval within 30 days of the property becoming vacant. (2) Exterior Maintenance. A vacant property owner shall actively maintain and monitor the exterior of any buildings and the grounds, including all lots, so that they remain in continuing compliance with all applicable codes, regulations, and do not contribute to blight. Active Maintenance and Monitoring shall include, but not be limited to: (a) Landscaped area must be provided and maintained on all perimeters of a vacant property located adjacent to all streets, alleys, or other public rights of way. (b) Maintenance of landscaping and vegetation must be in good condition at all times. (c) The property must be equipped with an operable irrigation system for the ground cover, which must be installed and maintained in good condition at all times. (d) Prevention of criminal activity on the premises and trespass by unauthorized person. (e) Turning off utilities that are not necessary for the upkeep and maintenance of the property. (3) Security Measures. Each vacant property must be secured against unauthorized entry. The methods of security shall be approved by the Director, who shall take into consideration whether the property has been cited for nuisance activity or criminal conduct by another depart of the City or another government agency. To enhance safety and prevent unauthorized entry, the following specific security measures are required: Packet Page. 235 Ordinance No. MC-1672 4 (a) Installation of security cameras monitoring the exterior of the structure and surround property. Security cameras shall kept in good operating condition as all times preserving video footage for at least 30 days. (b) Install a fire and burglar system that is maintained and in working order at all times. These systems must comply with the requirements of Chapter 8.81 of the City of San Bernardino Municipal Code. (c) Install perimeter fencing behind all landscaping preventing entry onto the property. Fencing shall comply with all local rules. (d) Complete and transmit to the City a trespass authorization letter, authorizing the City’s Police Department and other authorized City officials to enforce trespass laws on such vacant property, which shall be completed and transmitted anew each calendar year for which the vacant property must register with the City per the terms of this Chapter. (4) Insurance. The property owner shall maintain fire and liability coverage as determined necessary by the Director. Any insurance policy must require advanced, written notice to the Director in the event of cancellation of insurance or a reduction in coverage. (5) Additional Requirements for Commercial Buildings. In addition to the above requirements, any vacant commercial property must be maintained in accordance with the additional following requirements: (a) If the property has a building(s) with a fire sprinkler system, those systems must be maintained in working order at all times; (b) If the property has building(s) with a centralized and registered fire and burglar alarm system, those systems must be maintained in working order at all times; and (c) Buildings without a fire sprinkler system shall be provided with continuous physical monitoring by means of an on-site patrol. “Continuous physical monitoring” shall mean the use of a licensed security agency operating in the City of San Bernardino and providing regular surveillance of the vacant building or property, as part of the agency’s security route. (6) Quarterly Inspection. The property owner, or their designee, shall physically inspect the property quarterly to ensure compliance with all provisions of this Chapter and shall coordinate with the City’s Code Enforcement Department to have a representative present to oversee the inspection. The property owner shall be responsible to pay the reasonable costs of the City’s Code Enforcement representative overseeing the Packet Page. 236 Ordinance No. MC-1672 5 quarterly inspection. The property owner, or their designee, shall transmit to the City a written report on a quarterly basis documenting the quarterly inspection was conducted, which shall include a certification of compliance with each of the requirements of this Chapter with specificity, and a signature of the City’s Code Enforcement representative certifying that they oversaw the inspection. The City shall inspect any vacant property in compliance with all local, state, and federal laws. (7) Additional Requirements For All Vacant Properties. All vacant property owners shall remove all furniture and personal property from any real property, interior of any building, structure, or portion thereof, that is vacant. They shall remove all curtains, blinds, and window coverings from all windows located on the ground level of any vacant building or structure to allow a clear view to the interior of the building or structure. (8) The Director, at their discretion, shall have the authority to require any vacant property owner to implement additional maintenance and security measures in order to effectuate the purposes of this Chapter. This may include, but is not limited to, installation of security lightings, increasing the frequency of on-site inspections, employment of an on-site security guard, or posting additional signage at the property. (9) The Director may modify the requirements, at their discretion, and may modify or waive some or all of these requirements in the case of a property that has been damaged by fire, earthquake, a natural disaster, or other calamity. §8.32.060 SECURITY. All buildings and structures located on a Vacant Property shall be secured against unauthorized entry. Where boarding or other securing of openings is required, the building or structure shall be secured in accordance with Section 15.05.300 of this Code. A clearly visible “No Trespassing” sign shall be posted at all points of entry and spread consistently around the property, and be posted on each street or alley facing frontage of the Vacant Property in a location visible from the adjoining public right-of-way in compliance with Chapter 9.52. §8.32.070 REGISTRATION OF THE VACANT PROPERTY. (A) If a property remains a Vacant Property for more than ninety (90) consecutive calendar days, the Property Owner, or its authorized agent, shall register the Vacant Property with the City within thirty (30) calendar days after the expiration of the ninety (90) day period by submitting a completed vacant property registration form provided by the City. The registration shall be valid for twelve (12) months from the date of registration. If the Vacant Property remains a Vacant Property upon expiration of the registration, the Property Owner shall renew the registration on or before the expiration date. Packet Page. 237 Ordinance No. MC-1672 6 (B) The vacant property registration form shall require the following information: (1) The name, mailing address, telephone number, and email address of the Property Owner. (2) The name, mailing address, telephone number, and email address of any authorized agent. (3) The name, telephone number, and email address of the person responsible for the maintenance and security of the property. (4) The street address and assessor’s parcel number of the Vacant Property. (5) The date on which the property became a Vacant Property, to the best of the Property Owner’s knowledge. (6) Any other information reasonably necessary for the City to administer this Chapter, as required by the vacant property registration form. (7) Verification, under penalty of perjury, that the contents of the application are true, correct, and complete to the best of their knowledge and that the applicant acknowledges they shall comply with all of the requirements under this Chapter. (C) Within thirty (30) calendar days after a change in ownership of a Vacant Property, the new Property Owner, or its authorized agent, shall submit a new vacant property registration form to the City if the property remains a Vacant Property. The Property Owner shall notify the City within thirty (30) calendar days after any change to the information required by subsection (B) above. §8.32.080 NOTIFICATION TO REGISTER THE PROPERTY. (A) Where the City has cause to believe, based on an inspection, complaint, or report from another City department or other government agency, that a property is a Vacant Property that has remained a Vacant Property for more than ninety (90) consecutive calendar days, the City shall serve the Property Owner, or its authorized agent, with a written notice requiring the Property Owner to register the Vacant Property with the City within thirty (30) calendar days. The notice shall identify the Vacant Property, state the basis for the City’s determination that registration is required, state the deadline to register, and provide notice of any applicable appeal rights. (B) Failure to register the Vacant Property within the time required by this Chapter constitutes a violation of this Chapter and shall be enforced pursuant to Section 8.32.120. Packet Page. 238 Ordinance No. MC-1672 7 §8.32.100 INSPECTIONS. The City shall inspect the Vacant Property on an annual basis to determine compliance with this Chapter and other applicable provisions of the City Municipal Code in compliance with local, state, and federal law. The City shall conduct additional inspections when necessary to determine or verify compliance with this Chapter or to protect the health, safety, or general welfare of the public. The City shall recover from the Property Owner the reasonable cost of inspections and reinspections authorized by this Chapter. Any inspection or reinspection fee shall be established by Resolution of the Mayor and City Council, as amended from time to time. §8.32.110 REMOVAL OF PROPERTY FROM REGISTRY. A Vacant Property shall be removed from the City’s registry when the City determines that the property no longer meets the definition of a Vacant Property under this Chapter. If a certificate of occupancy or other City approval is required before lawful occupancy of the property, the Property Owner shall obtain the required certificate or approval before removal from the registry. Removal from the registry shall not waive or extinguish any outstanding violation, fee, cost, penalty, or other obligation incurred while the property was registered or required to be registered. §8.32.120 ENFORCEMENT. Any person who violates any provision of this Chapter is guilty of a misdemeanor, which, upon conviction, is punishable in accordance with Section 1.12.010 of the City’s Municipal Code. It is unlawful and declared a public nuisance to violate any provision of this Chapter. The City may also enforce violations of this Chapter by administrative citation, administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law. The remedies, procedures, and penalties contained herein are cumulative to each other and to any other remedies, procedures, and penalties available under City, State, or Federal Law. §8.32.130 FEES. The Property Owner shall be responsible for any fees established by the Mayor and City Council by resolution for the administration and enforcement of this Chapter, including, but not limited to, registration, renewal, inspection, and reinspection fees. The Property Owner shall also be responsible for any abatement costs or other costs lawfully incurred by the City in enforcing this Chapter. Any unpaid fees or costs shall be collected by any means authorized by law. §8.32.140 APPEAL RIGHTS. (A) The Property Owner, or its authorized agent, may file with the City Clerk a written appeal to put the appeal before a hearing officer no later than 15 days following the date of the mailing of any notice of action by the City. Packet Page. 239 Ordinance No. MC-1672 8 (B) All appeals conducted pursuant to this Chapter shall be governed by the procedures set forth in Chapter 9.94 of the City’s Municipal Code. §8.32.150 SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Chapter. The City Council hereby declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.” SECTION 3. Certification. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California. SECTION 4. CEQA. The Mayor and City Council find that this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases are declared unconstitutional or otherwise invalid. SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of October 2026. Helen Tran, Mayor City of San Bernardino Packet Page. 240 Ordinance No. MC-1672 9 Attest: Packet Page. 241 Ordinance No. MC-1672 10 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1672, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of September 2026. Ordinance No.MC-1672 was approved/ passed and adopted at a regular meeting held the 7th day of October 2026 by the following vote: SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2026. Telicia Lopez, CMC, City Clerk Packet Page. 242 3 6 1 1 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Eric Levitt, City Manager City Manager's Office It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2026-161 approving Amendment No. 1 to the Professional Services Agreement with TruePoint Solutions, LLC adding an eighteen (18)-month Managed Services subscription in the amount of $185,000; ratifying Change Orders 2 and 3 and authorizing payment for the completed work in the amount of $64,035; and approving Change Order 5 in the amount of $58,500; thereby increasing the not-to-exceed amount by $307,535 for a new total contract amount not to exceed $2,407,871; and 2. Adopt Resolution No. 2026-162 authorizing the reallocation of $64,035 in American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF), previously obligated under the Hosted Services Agreement with TruePoint Solutions, LLC (formerly Gray Quarter Inc.), to the Professional Services Agreement with TruePoint Solutions, LLC. The City Manager recommends approval. The Land Management System Implementation Project is the complete replacement of the City's existing permitting and business licensing system, which is used by multiple Departments and Divisions, including Business Registration, Building and Packet Page. 243 3 6 1 1 Safety, Planning, and Public Works. The project replaces a cumbersome permitting and licensing database with a modern system that incorporates workflow management, built-in automation, and an online public portal. Due to the complexity of the implementation, Amendment No. 1 adds an eighteen (18)-month Managed Services subscription to provide post-implementation technical assistance, allowing staff to refine and optimize the system's workflows and automations after go-live. The amendment also incorporates Change Orders 2, 3, and 5 into the agreement's not-to- exceed amount. Change Orders 2 and 3, which have already been completed, integrated the City's existing credit card processor with the system and provided extended support for Business Registration. Change Order 5 provides additional resources to configure an online interface that will assist customers with permit applications. The total cost of Amendment No. 1 is $307,535, which includes the Managed Services subscription and the three change orders. The Managed Services subscription and Change Order 5 will be funded with $243,500 in IT Funds from the project's existing budget. Change Orders 2 and 3, totaling $64,035, will be funded by reallocating unexpended ARPA funds previously obligated under the Hosted Services Agreement with TruePoint Solutions, LLC (formerly Gray Quarter Inc.). U.S. Treasury guidance permits this reallocation because (1) the funds were obligated under the Hosted Services Agreement by December 31, 2024; (2) the Professional Services Agreement that they are being reallocated to was also executed before that date; (3) the Professional Services Agreement allows for change orders, and (4) Change Orders 2 and 3 are within substantially the same scope and for substantially the same purpose as the original agreement. Background The Land Management System (LMS) Implementation Project is the modernization of the City’s permitting and licensing system, which is used by Building & Safety, Business Registration, the Planning Division, and Public Works. The LMS will replace outdated systems like PermitsPlus, which has been in place for more than 20 years and lacks the flexibility and automation necessary for modern city planning. The modernization is intended to improve efficiency, transparency, and service delivery by enhancing how the City manages land-related activities and making relevant information more accessible to City officials and the public. To fund this modernization, the Mayor and City Council allocated $3,200,000 in ARPA funds for the LMS Implementation project and $5,889,651.87 in Information Technology (IT) funds for the software licensing, implementation, data conversion, and supplemental staffing costs that are shared across both the LMS and ERP (Enterprise Resource Planning) implementation projects. Specifically, the Mayor and City Council approved the following agreements on November 20, 2024 for the LMS project: •Subscription Services Agreement with Accela in the amount of $2,151,657.34 for a seven-year license to the Accela Civic Platform. The Accela Civic Platform is a cloud-based system that serves as the new LMS platform that will be used Packet Page. 244 3 6 1 1 by City staff and the public. ARPA funds totaling $473,280 will be used to pay for the first two years of software license costs; years three through seven will be billed annually thereafter and use IT funds or another source. •Professional Services Agreement with Gray Quarter (now TruePoint Solutions, LLC, following a corporate merger) in the amount of $2,100,336.00, funded with ARPA funds, to implement the Accela Civic Platform. These services include developing workflows, automations, and configuring the system to meet the City’s operational needs. •Hosted Services Agreement with Gray Quarter (now TruePoint Solutions, LLC, following a corporate merger) in the amount of $767,675. This agreement is funded with both ARPA and IT funds and includes five years of software licenses for various addons to the Accela Civic Platform. These add-ons provide enhanced features and functionality, including a digital plan room for performing virtual plan checks, integration with the City’s records management system, access to DocuSign for electronic signatures, etc. •Professional Services Agreement with Onsite Computing in the amount of $520,000, funded with IT Funds, for data migration services. This agreement involves transferring the data from the City’s existing systems to the new systems and supports both the LMS Implementation Project and the ERP Implementation Project, the latter of which involves modernizing the City’s financial and payroll systems. •Professional Services Agreements with Willdan, CSG Consultants, and Rick Engineering in the amount of $448,800 each ($1,346,400 total), funded with IT funds, for supplemental staffing. These agreements provide supplemental staffing to backfill City personnel who are assigned to the implementation project, allowing those employees to focus on project-related responsibilities while maintaining sufficient staffing levels to ensure the continuity of City operations. Discussion The implementation of a new land management system requires City staff to work with the system implementer to develop and configure automated workflows and task management processes for each type of license and permit issued by the City. The City’s existing system does not provide for these automations; instead, it is more akin to a virtual filing cabinet where records are created in a database and then manually updated by City staff with minimal automation and zero notifications. As a result, developing and implementing these new digital workflows and processes from scratch represents a significant undertaking that requires ongoing testing, refinement, and configuration, even after each component “goes live” for public use. When the business licensing component of the LMS went live in 2025, it became apparent that additional refinement was needed to resolve technical glitches and Packet Page. 245 3 6 1 1 unintended workflow errors in the system. To address these issues, Amendment No. 1 to the Professional Services Agreement with TruePoint Solutions, LLC adds an eighteen (18)-month Managed Services subscription that provides the City with continued technical assistance. Managed Services is a Tier 2/3 support service that will allow staff to resolve outstanding issues and continue to optimize, modify, and reconfigure the system after go-live so that it better meets the operational needs of the City and the service needs of the public. These services will also be available to the other departments and divisions that use the LMS, allowing for continued refinement as their respective components of the system go live. The total cost of the Managed Services subscription is $185,000, which will be funded using the available balance of IT Funds already allocated to the project. ARPA funds will not be used for this component because the subscription extends through April 30, 2028, well beyond the ARPA expenditure deadline of December 31, 2026. Amendment No. 1 also incorporates the cost of three change orders into the agreement’s total compensation. These change orders total $122,535, of which $64,035 will be paid with ARPA funds reallocated from the Hosted Services Agreement with TruePoint Solutions, LLC (formerly Gray Quarter Inc.) and $58,500 will be paid with IT Funds. ARPA funds cannot cover all three change orders because Change Order 5 will not be completed before the December 31, 2026, expenditure deadline. The three change orders presented for Council ratification and approval are as follows: •Change Order 2 – $20,160 – AllPaid Integration. Integrated the LMS with AllPaid, the City's existing credit card payment processor. The City is currently transitioning its ERP/financial system to a new platform and originally anticipated that a new credit card payment system would be in place before the first LMS component went live. Because the new payment system was not ready in time for the business licensing component, additional configuration and integration were needed so the LMS could communicate with the City's existing processor. •Change Order 3 – $43,875 – Business Registration Support. Provided extended support for the Business Registration Division after the business licensing module went live for public use. Further support will be provided through the Managed Services subscription. •Change Order 5 – $58,500 – GWiz Interface Implementation. Assigns additional resources to implement the GWiz user interface for the public portal, which helps guide the public through completing permit applications online. It is important to note that Change Orders 2 and 3 have already been executed by the former Director of Community Development and Housing, and the work associated with these change orders has already been completed by the vendor. This is not aligned with Chapter 3.04 of the City’s Municipal Code, which requires Council approval for any contract cost that exceeds $100,000. Since the execution of these Packet Page. 246 3 6 1 1 change orders is for a contract that already exceeds $100,000, their execution was outside the former Director’s signing authority and now requires ratification by the City Council before payment can be authorized. The change orders not listed above were either at no cost to the City (Change Order 1) or were canceled due to budget constraints (Change Order 4). Additionally, future change orders are anticipated due to project delays that will push back the go live date for the Public Works module. City staff are currently reviewing the project schedule and will bring back a full report to the Council at a future meeting, along with any associate change order. Budget Analysis ARPA Fund Allocation Of the $3,200,000 in ARPA funds allocated to the LMS Implementation Project, $2,856,797 has been expended, covering the original cost of the LMS implementation and the 2025 and 2026 software license costs for Accela and TruePoint Solutions, LLC (formerly Gray Quarter Inc.). The remaining $343,203 is obligated under the Hosted Services Agreement with TruePoint for future years' software licenses; however, because these hosted services are invoiced annually, the license fees for years three through five will be invoiced after December 31, 2026, and cannot be paid with ARPA funds before the expenditure deadline. As a result, the $343,203 will remain unspent unless it is reallocated to another eligible agreement that was executed by December 31, 2024. The proposed reallocation will apply $64,035 of these funds to Change Orders 2 and 3 for work that has already been completed, reducing the unspent balance to $279,168. Payment for this work will be issued upon Council approval, well before the December 31, 2026, expenditure deadline. Staff is currently assessing additional funding needs for other ARPA-funded projects, including the ERP Implementation Project. Once these needs are identified, staff will return to Council with recommendations to reallocate the remaining funds to eligible agreements so that they can be spent before the expenditure deadline. LMS PROJECT ARPA FUND BUDGET Allocated ARPA Funds $3,200,000.00 LMS Contract Expenditures through December 31, 2026 LMS Implementation (Original Agreement)$2,100,336.00 Accela Software Licenses (First 2 years)$473,280.00 TruePoint Software Licenses (First 2 years)$283,181.00 Total Expenditures $2,856,797.00 Remaining ARPA Fund Balance $343,203.00 Additional Costs with Amendment No. 1 Change Order 2 – AllPaid Integration $20,160.00 Change Order 3 – Business Registration Support $43,875.00 Total Additional Costs $64,035.00 Projected Remaining ARPA Fund Balance $279,168.00 Packet Page. 247 3 6 1 1 IT Fund Allocation As of the close of Fiscal Year 2026, the LMS and ERP Implementation Projects had a shared IT Fund budget of $5,889,651.87. Of this amount, $3,407,700 has been obligated through several contracts for supplemental staffing, project management, and data conversion services across both projects, leaving a shared available balance of $2,481,951.87. Amendment No. 1 will use $243,500 of this balance, $185,000 for the Managed Services subscription and $58,500 for Change Order 5, leaving $2,238,451.87 available for future project costs. SHARED LMS & ERP PROJECT IT FUND BUDGET Allocated IT Funds $5,889,651.87 Current ERP Contract Obligations MV Cheng & Associates (Supplemental Staffing)$184,800.00 AppleOne (Supplemental Staffing)$200,000.00 Dixon Mutadzakupa (Project Management)$384,000.00 Onsite Computing (Data Conversion)$775,500.00 Current LMS Contract Obligations Rick Engineering (Supplemental Staffing)$448,800.00 Willdan (Supplemental Staffing)$448,800.00 CSG Consultants (Supplemental Staffing)$448,800.00 Onsite Computing (Data Conversion)$517,000.00 Total Costs $3,407,700.00 Remaining IT Fund Balance $2,481,951.87 Additional Costs with Amendment No. 1 Managed Services $185,000.00 Change Order 5 – GWiz Interface Integration $58,500.00 Total Additional Costs $243,500.00 Projected Remaining IT Fund Balance $2,238,451.87 ARPA Fund Reallocation Analysis The U.S. Treasury allows for the reallocation of ARPA funds after December 31, 2024, under the following specific conditions: 1. The excess funds were properly obligated by the deadline. The ARPA funds that are being reallocated must have already been obligated under another contract by the December 31, 2024, deadline and reported to Treasury as being obligated. In this case, the funds were previously obligated under the Hosted Services contract with Gray Quarter, which was approved by Council on November 20, 2024, executed prior to December 31, 2024, and reported to the U.S. Treasury with the City’s 2024 Q4 Project and Expenditure Report. 2. The receiving contract was in place by December 31, 2024. ARPA funds can only be reallocated to an existing contract that was executed by December 31, 2024; a Packet Page. 248 3 6 1 1 new contract in 2025 or 2026 is ineligible to receive ARPA funds unless it is a replacement contract for when a vendor goes out of business, can't perform, or was terminated. In this case, the ARPA funds are being reallocated to the Professional Services Agreement with TruePoint Solutions, LLC, which was approved by the Council on November 20, 2024, and already uses ARPA funds. It is important to note that the November 20th agreement was originally titled, “Professional Services Agreement with Gray Quarter Inc.”; however, after a corporate merger, the new parent company is TruePoint Solutions, LLC. 3. The receiving contract allows for change orders. Under U.S. Treasury guidance FAQ 17.16, ARPA funds can be reallocated to cover increased costs from change orders or contingencies in another contract that was entered into by December 31, 2024, as long as that agreement expressly provides for change orders and contingencies. Additionally, the amended contract receiving the reallocated ARPA must stay within substantially the same scope and purpose as the original. In this case, Section 4.b. of the original agreement allows for change orders, subject to City approval, and the scope of services under Exhibit A outlines the change order process. The change orders that are using the reallocated ARPA funds are for increased costs associated with completing work under the project’s original scope, which includes allowing for online credit card payments and implementing a business licensing module. 4. The funds are for an eligible use and will be spent by the deadline. ARPA funds that are being reallocated to another project and/or contract must be for an activity that is eligible to use ARPA funds and must be spent by December 31, 2026. In this case, the reallocated ARPA funds are staying within the same ARPA-eligible project. The funds are being used to pay for change orders, where the work has been completed and the City has already been invoiced. Once the change orders are ratified, payment will be issued and the ARPA funds will be expended well before December 31, 2026. Strategic Goals and Priorities Approval of Amendment No. 1 is aligned with Key Strategic Goal 2.b. - Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness; Fiscal Impact The total fiscal impact of this action is $307,535. Of this amount, $64,035 will be funded through the reallocation of previously obligated ARPA funds, and $243,500 will be funded from existing IT Fund appropriations available for the LMS/ERP implementation projects. The $243,500 includes $185,000 for the 18-month Managed Services subscription and $58,500 for Change Order 5. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: Packet Page. 249 3 6 1 1 1. Adopt Resolution No. 2026-161 approving Amendment No. 1 to the Professional Services Agreement with TruePoint Solutions, LLC adding an eighteen (18)-month Managed Services subscription in the amount of $185,000; ratifying Change Orders 2 and 3 and authorizing payment for the completed work in the amount of $64,035; and approving Change Order 5 in the amount of $58,500; thereby increasing the not-to-exceed amount by $307,535 for a new total contract amount not to exceed $2,407,871; and 2. Adopt Resolution No. 2026-162 authorizing the reallocation of $64,035 in American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF), previously obligated under the Hosted Services Agreement with Gray Quarter, to the Professional Services Agreement with TruePoint Solutions, LLC. Attachments Attachment 1 – Resolution No 2026-161 Contract Amendment and Change Order Ratification Attachment 2 – Exhibit A to Resolution No. 2026-161 - Amendment No. 1 to the Agreement with TruePoint Solutions LLC (formerly Gray Quarter Inc.). Attachment 3 – Exhibit B to Resolution No. 2026-161 - Mayor and City Council Findings. Attachment 4 – Resolution No 2026-162 ARPA Reallocation for LMS Project Attachment 5 – Change Order 2 - $20,160 – AllPaid Integration. Attachment 6 – Change Order 3 - $43,875 – Business Registration Support. Attachment 7 – Change Order 5 - $58,500 – GWiz Interface Integration. Attachment 8 – Original Professional Services Agreement with Gray Quarter Inc. Ward: All Wards Synopsis of Previous Council Actions: November 20, 2024 Mayor and City Council allocated $3,200,000 in ARPA funds for the LMS Implementation Project and approved various agreements to carry out the implementation of the LMS. CC Packet Page. 250 Resolution No. 2026-161 Resolution No. 2026-161 October 7, 2026 Page 1 of 6 RESOLUTION NO. 2026-161 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING (SUBJECT TO STATED CONDITIONS) A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRUEPOINT SOLUTIONS, LLC, DBA GRAY QUARTER AND GOVPATH; AUTHORIZING LIMITED PAYMENT FOR COMPLETED SERVICES; AUTHORIZING PROSPECTIVE GWIZ IMPLEMENTATION AND MANAGED SERVICES; AND ESTABLISHING A NOT-TO-EXCEED AMOUNT WHEREAS, the City of San Bernardino (“City”) and Gray Quarter, Inc. (“Gray”) entered into a Professional Services Agreement dated November 20, 2024, for Accela Civic Platform implementation services (“PSA”); and WHEREAS, Section 5 of the PSA requires a written amendment executed before additional services are performed, and Section 14 prohibits assignment without the City’s written consent; and WHEREAS, a Form W-9 identifies TruePoint Solutions, LLC as the legal tax entity, with Gray Quarter and GovPath as doing business as (“DBA”), and TruePoint has represented that it became Gray Quarter, Inc.’s successor through a merger; and WHEREAS, the City must receive documentation establishing that successor relationship before recognizing TruePoint as the Consultant and legal payee; and WHEREAS, before Council approval of an amendment, City staff and GovPath signed documents concerning an All Paid integration and extended post-go-live Business Licensing support ("Completed Additional Services"); and WHEREAS, the City may prospectively authorize GWiz implementation only after applicable procurement, contracting, funding, and notice-to-proceed conditions are satisfied; and WHEREAS, the proposed First Amendment, Consent to Assignment, and Limited Ratification ("First Amendment") would increase the PSA’s compensation and extend the term through April 30, 2028; and WHEREAS, the Mayor and City Council (“Council”) desires to approve the First Amendment and related actions subject to the conditions stated herein. Packet Page. 251 Resolution No. 2026-161 Resolution No. 2026-161 October 7, 2026 Page 2 of 6 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct, and are incorporated herein by this reference. SECTION 2. Conditional Approval of First Amendment. The Council approves the First Amendment as set forth in Exhibit A (attached hereto and incorporated herein by reference), subject to the conditions in this Resolution. The City Manager shall not execute the First Amendment until those conditions are satisfied and it contains the final execution date, funding allocation, approved scopes of work, and consistent terms. SECTION 3. Adoption of Findings. The Council adopts the findings set forth in Exhibit B (attached hereto and incorporated herein by this reference). Exhibit B states the factual, legal, funding, and public-purpose determinations supporting this Resolution. SECTION 4. Limited Ratification of Completed Additional Services. The Council ratifies acceptance of the Completed Additional Services solely to permit payment of their verified, accepted, reasonable, and nonduplicative value under Section 5. This limited ratification does not validate the prior staff-signed change orders, retroactively amend the PSA, waive any City right or remedy, or authorize any other past service. SECTION 5. Payment Authorization. The Council authorizes payment for the All Paid integration (in the amount of twenty thousand one hundred sixty dollars ($20,160)) and extended post-go-live Business Licensing support (in the amount of forty-three thousand eight hundred seventy-five dollars ($43,875)), for an aggregate amount not to exceed sixty-four thousand thirty- five dollars ($64,035), for the Completed Additional Services only after the City’s contract administrator verifies in writing that the services: (a) were actually performed and accepted; (b) benefited the City; (c) were not included in the original scope, stabilization, warranty, or defect- correction obligations; and (d) are supported by itemized invoices, time records, and available appropriations. Payment may be made only to TruePoint Solutions, LLC, DBAs Gray Quarter and GovPath, after the City Attorney and Director of Finance and Management Services confirm in writing that it is the legally proper payee (subject to Section 6). SECTION 6. Contractor Identity and Contract Transfer. Subject to approval of satisfactory merger or other successor documentation, the Council consents to transfer of the PSA from Gray Quarter, Inc. to TruePoint Solutions, LLC, DBAs Gray Quarter and GovPath. Upon that approval and execution of the First Amendment, TruePoint is the sole Consultant and contracting party and assumes responsibility for all obligations under the PSA (including Packet Page. 252 Resolution No. 2026-161 Resolution No. 2026-161 October 7, 2026 Page 3 of 6 obligations relating to prior services). The Form W-9 identifies TruePoint as the legal payee and Gray Quarter and GovPath as DBAs, but the W-9 alone does not establish the successor relationship. The City Manager may execute the First Amendment only after the City determines that the submitted documentation establishes the proper contracting entity and preserves responsibility for prior obligations; and the Risk Manager confirms that required insurance, registration, and related documentation are satisfactory. SECTION 7. Prospective Additional Services. The Council authorizes the prospective GWiz implementation in an amount not to exceed fifty-eight thousand five hundred dollars ($58,500) and managed services in an amount not to exceed one hundred eighty-five thousand dollars ($185,000), subject to the following conditions: (a) staff documents compliance with applicable procurement requirements or a legally sufficient exception; (b) the First Amendment includes the final scope, current Managed Services quote, pricing, service levels, invoicing, and remedies; (c) the Director of Finance and Management Services confirms available funding; and (d) the City issues the required written notice to proceed. Managed services are a subscription and may be invoiced annually; City shall pay undisputed properly submitted invoices within forty-five (45) days after receipt subject to the PSA, this Resolution, and lawfully available appropriations. No prospective work may begin before all conditions are satisfied. SECTION 8. Agreement Amount and Term. The Council authorizes an increase of three hundred seven thousand five hundred thirty-five dollars ($307,535) to the PSA, establishing an aggregate amount not to exceed two million four hundred seven thousand eight hundred seventy- one dollars ($2,407,871) (excluding the unresolved Public Works change order), and authorizes extension of the term through April 30, 2028. This amount is a ceiling, not a guarantee of payment. No automatic renewal, rate increase, additional service, or work outside an approved scope is authorized. SECTION 9. Funding Limitations. Before execution of the First Amendment, the Director of Finance and Management Services shall complete and certify the funding allocation in Exhibit C (attached hereto and incorporated herein by this reference). State and Local Fiscal Recovery Funds (“SLFRF”) may be used only for eligible costs that the City determines are within the substantially same scope and purpose of the timely obligated award and are incurred, performed, and accepted on or before December 31, 2026. SLFRF shall not be used for managed services. Costs incurred after that date, or otherwise ineligible for SLFRF, may be paid only from an identified, lawfully available non-SLFRF appropriation. Nothing in this Resolution authorizes an unbudgeted expenditure or a transfer requiring separate Council approval. SECTION 10. City Manager Authorization. The Council authorizes the City Manager or designee to execute the First Amendment and issue notices to proceed only after all conditions in this Resolution are satisfied. The City Manager may approve non-substantive or clarifying Packet Page. 253 Resolution No. 2026-161 Resolution No. 2026-161 October 7, 2026 Page 4 of 6 revisions approved as to form by the City Attorney that do not increase compensation, expand scope, extend the term, weaken City protections, alter the funding limitations, or otherwise materially change the transaction approved by the Council. SECTION 11. California Environmental Quality Act ("CEQA"). The Council finds that adoption of this Resolution and approval of the First Amendment are not subject to CEQA under Public Resources Code section 21065 and CEQA Guidelines sections 15060(c)(2), 15060(c)(3), and 15378 because they constitute administrative and fiscal actions and information-technology services that do not have the potential to result in a direct or reasonably foreseeable indirect physical change in the environment. SECTION 12. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction or is preempted by subsequent legislation, such decision shall not affect the validity of the remaining portions of this Resolution. The Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, and phrase irrespective of the fact that any one or more portions may be declared invalid or unconstitutional. SECTION 13. Certification. The City Clerk shall certify to the passage and adoption of this Resolution, cause the same to be entered among the original resolutions of the City, and make a minute of the passage and adoption thereof in the records of the proceedings of the Council. SECTION 14. Effective Date. This Resolution shall become effective immediately upon its adoption. APPROVED and ADOPTED by the Council and signed by the Mayor, and attested by the City Clerk this 7th day of October 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC City Clerk Packet Page. 254 Resolution No. 2026-161 Resolution No. 2026-161 October 7, 2026 Page 5 of 6 Approved as to form: Albert Maldonado City Attorney Packet Page. 255 Resolution No. 2026-161 Resolution No. 2026-161 October 7, 2026 Page 6 of 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-161, adopted at a regular meeting held on the 7th day of October, 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 8th day of October 2026. Telicia Lopez, CMC, City Clerk Packet Page. 256 Page 1 of 4 FIRST AMENDMENT This First Amendment to the Professional Services Agreement (“First Amendment”) is made and entered into as of October 7, 2026 (“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, California 92401) (“City”) and TruePoint Solutions, LLC (a limited liability company doing business as Gray Quarter and GovPath with its principal place of business at 950 E State Highway 114, Suite 105, Southlake, Texas 76092 ) (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties”. A. City and Gray Quarter, Inc. entered into a professional services agreement dated November 20, 2024 (“Agreement”), to provide Accela Civic Platform Implementation Services (“Services”); and B. Consultant has provided a Form W-9 identifying TruePoint Solutions, LLC as the legal tax entity and Gray Quarter and GovPath as its “doing business as”, and has represented that it became Gray Quarter, Inc.’s successor through a merger; and C. This First Amendment shall not be effective as a contract transfer unless and until City receives documentation establishing that successor relationship and the authority of the signatory; and D. Consultant has submitted invoices concerning AllPaid integration services, business licensing support, prospective GWiz implementation services, and prospective managed services; and E. Any payment for completed AllPaid integration or business licensing support is subject to separate City approval and a completed-services certification confirming the services performed, benefit received, reasonable value, absence of duplication, funding availability, and the identity of the proper payee; and F. The Parties desire to amend the Agreement solely as stated below, including to establish conditions for prospective GWiz implementation and managed services, increase the not-to-exceed amount, and revise the term. No Public Works change order or other unlisted work is included in this First Amendment; and Packet Page. 257 Page 2 of 4 G. The Parties acknowledge that any services funded with State and Local Fiscal Recovery Funds (“SLFRF”) remain subject to applicable Federal requirements, City funding determinations, and the restrictions stated in this First Amendment and Exhibit C. NOW, THEREFORE, the Parties mutually agree as follows: AGREEMENT Packet Page. 258 Page 3 of 4 (3) A new subsection 4.d is added to read as follows: “The $58,500 GWiz implementation amount and the $185,000 managed-services amount are prospective only. Consultant shall not perform, and City shall not owe payment for, either service before issuance of the applicable written Notice to Proceed. Consultant shall invoice City annually for Managed Services. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice.” (4) A new subsection 4.e is added to read as follows: “Each invoice must identify the applicable line item, the service period, personnel and hours (if applicable), deliverables or ticket activity, and any other documentation reasonably required by City. City shall pay undisputed, properly submitted invoices in accordance with the Agreement and applicable law.” (5) A new subsection 4.f is added to read as follows: “City shall determine the funding source for each approved service and may use State and Local Fiscal Recovery Funds (“SLFRF”) only to the extent City determines the obligation and expenditure are eligible and timely under applicable federal requirements. Consultant shall provide documentation reasonably requested to support City's funding, accounting, and compliance determinations. Nothing in this First Amendment obligates City to use SLFRF, alters the source of funds for previously incurred costs, or authorizes payment in the absence of lawfully available and appropriated funds.” c. Term. Section 6 is revised by replacing the date “June 30, 2027” with the date “April 30, 2028” and adding the following language at the end: “The term shall not automatically renew, and no price escalation, renewal, or extension is effective without a further written amendment approved by City and subject to appropriated funds.” d. Contract Transfer and Consultant Identity. Section 14 is revised by adding the following language at the end: “Subject to City’s receipt and approval of documentation establishing the asserted merger or other successor relationship, City consents to the transfer of the Agreement from Gray Quarter, Inc. to TruePoint Solutions, LLC, doing business as (“DBA”) Gray Quarter and GovPath (“TruePoint”). Upon that approval, TruePoint is the sole Consultant and contracting party under the Agreement and assumes responsibility for all obligations and liabilities arising under the Agreement (including obligations relating to services performed before this First Amendment’s Effective Date). The Form W-9 identifies TruePoint as the legal payee and Gray Quarter and GovPath as DBAs; however, no payment may be made to TruePoint until City confirms that it is the legally proper payee and all required insurance, business registration, and related documentation are satisfactory. References to Gray Quarter or GovPath after the transfer are references to TruePoint’s DBAs and do not create a separate contracting party.” 3. Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain in full force and effect, and shall govern the actions of the Parties under this First Amendment. Whenever the term “Agreement” appears in the original Agreement from and after the date of this First Amendment, it shall mean the Agreement as amended. Packet Page. 259 Page 4 of 4 4. Electronic Transmission. A manually signed copy of this First Amendment which is transmitted by facsimile, electronic mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes. This First Amendment may be signed using an electronic signature. 5. Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment on the Effective Date. CITY OF SAN BERNARDINO Approved By: Eric Levitt City Manager Attested By: Telicia Lopez, CMC City Clerk Approved as to Form: City Attorney Best Best & Krieger LLP TRUEPOINT SOLUTIONS, LLC DBA GRAY QUARTER AND GOVPATH [__________] [__________] Packet Page. 260 Page 5 of 4 1) EXHIBIT B This exhibit is bound by the terms of the “TRUEPOINT MANAGED SERVICES TERMS” and describes the specific level of managed services that will be provided to the Client. 1.Managed Services. 1.1 Tier 2/3. TruePoint will provide remote Tier 2/3 support to Client administrators only and provide incident, problem, task, and question resolution services. Administrators with permission to request support shall not exceed 5 named users. Client can add or remove named Administrators should staffing change on Client side. 2.Service Level Agreements. 2.1 Covered Items. TruePoint will work to provide resourcing to meet timelines established for ticket resolution based on the severity of ticketing and type of ticketing. TruePoint will support all components of the approved in use production configuration of the Accela Civic Platform SaaS solution. TruePoint will prioritize the existing open tickets listed in Attachment 2 to Exhibit B. 2.2 Types. The type of ticket is the initial determination on how a ticket will be processed and SLA assigned. •Incident and Problem. These types of tickets are worked with the highest priority and are items that were working and are now broken or causing business disruptions. •Tasks. These types of tickets are worked with second highest priority and are minor enhancement tasks or modifications to the supported configuration. Enhancements in the scope of Managed Services are estimated as low to moderate complexity tasks that can be completed by a single person and meet the following requirements. • Task submitted must include clear requirements and acceptance criteria. • Task must be single discipline items (ex. System Configuration, ACA Configuration, Report, or EMSE Script). • Task submitted must be possible to complete in the system at time of submittal and not depend on another open task or pending feature. As an example, you may submit a request for a configuration change, then after configuration is complete and in production you may submit a new task for a report on the new configuration. You may not submit both tasks concurrently as the report would not be possible until the task for configuration is completed. •Questions. These types of tickets are general questions about the Accela Civic Platform Solution and will be completed as availability. 2.3 Classification. The type of ticket is the initial determination on how a ticket will be processed and SLA assigned. •Urgent. This classification is for ticket items and is reserved for Incident and Problem Packet Page. 261 Page 6 of 4 types only and indicates that business is severely affected or cannot continue. (ex. A workflow is broken and cannot issue a building permit). High. This classification is for ticket items that are time sensitive in nature and should be completed by the next Standard Release. (ex. A fee schedule change that goes into immediate effect). Normal. This classification is used for the bulk of tickets and is for normal requests for support or changes to the system. (ex. Add a new workflow task for Police Department review). Low. This classification is used for non-time sensitive tasks, that can be completed as staffing time permits. (ex. Disable right of way permit that is no longer used in the system.) 2.4 Response and Resolution Times. The following response and resolution times will be used. In the event request exceed capacity the follow priority for resolution will be First Classification, then Incidents and Problems, Task, and Questions. Urgent. Initial Response two (2) hours, Estimation Response four (4) hours, Resolution one (1) business day. Eligible for Emergency Hotfix Release. High. Initial Response four (4) hours, Estimation Response eight (8) hours, Resolution five (5) business days. Eligible for Emergency Hotfix Release. Normal. Initial Response one (1) business day, Estimation Response two (2) business days, Resolution ten (10) business days. Release during next standard release after resolution. Low. Initial Response two (2) business days, Estimation Response four (4) business days, Resolution twenty (20) business days. Release during next standard release after resolution. Requesting Support. 3.1 Web. (Preferred) TruePoint shall provide access to an online portal https://help.grayquarter.com that allows Client to submit and classify tickets. This is the preferred method of support request by TruePoint as it allows for accurate classification of tickets and SLA tracking. 3.2 Phone. TruePoint shall provide access to a monitored phone line 1-805-819-5820 during normal business hours. 3.3 Email. TruePoint will create tickets and follow up via email when submitted to help@grayquarter.com. Email initiated tickets will be initially processed as normal priority. Release Support. 4.1 Standard Release. TruePoint will establish a standard release schedule which will be used to promote all approved configuration to production. (ex. First Thursday of every month). During this release window all approved configurations will be promoted from non-production environments into production. 4.2 Emergency Release. TruePoint will assist customers with up to one (1) emergency release per quarter. Only Urgent severity tickets will qualify for emergency release consideration. 4.3 Active Implementations. Any challenges stemming from an active implementation must be Packet Page. 262 Page 7 of 4 vetted by Client Tier 1 staff before being assigned to Tier 2 Managed Services. 5.Business Hours. 5.1 Standard. TruePoint shall provide staffing between the hours of 7:30 AM and 5 PM Pacific Time. 5.2 After Hours Support. TruePoint shall provide one after-hours session per month for the purpose of deploying Standard Releases into the production environment. TruePoint will provide one after-hours emergency hotfix release into a production environment depending on staff availability. 5.3 Holiday. TruePoint staff observe the following 10 holidays. A calendar can be provided for specific dates on an as needed basis. • New Years’ Day • Washington’s Birthday • Memorial Day • Independence Day • Labor Day • Indigenous People/Columbus Day • Veterans Day • Thanksgiving Day • Day After Thanksgiving • Christmas Day 6.System Access. 6.1 Accela Civic Platform Solution. Client will provide named user with admin level access to TruePoint for the purpose of supporting the environment. 6.2 Reporting Database. Client will provide TruePoint with Accela Civic Platform reporting access if necessary. Client agrees that support tickets dependent on database copies may be delayed due to time required to back up and restore databases. 6.3 Reporting Files. Client will provide TruePoint with access to the repository or the latest copy of all SSRS and/or Crystal Report files that are in use with Accela Civic Platform. 6.4 EMSE Scripting. Client will provide TruePoint access to any existing EMSE Scripting repositories. If no script repository exists, Client agrees that TruePoint may create its own script repository and link it to Client Accela Civic Platform environment for the purpose of providing support. 7.Governance. 7.1 Monthly Meeting. TruePoint will participate in a monthly remote meeting with Client stake holders to review performance of TruePoint Managed Services, discuss problem tickets, discuss upcoming Accela Civic Platform related releases, and align with Client initiatives. 8.Compensation and Payment. 8.1 See Attachment 1 to Exhibit B Packet Page. 263 Page 8 of 4 9. Term. 9.1 Term. The initial term for Managed Services shall begin on October 19, 2026, and end on April 30, 2028. 9.2 Renewal. At the end of current term the Client shall have the option to renew at existing rate plus no more than 7% increase per year tied to CPI. Packet Page. 264 Page 9 of 4 ATTACHMENT 1 TO EXHIBIT B Packet Page. 265 Page 10 of 4 ATTACHMENT 2 TO EXHIBIT B Request Issue Details 1975 Status Statuses are still being updated when in Temporary issued which should not be happening. 17161 Online Renewals Fees- Penalties Online renewal submissions are not being charged penalty when submitting renewal requests late 18102 Process for Waiving Penalties Customer is assessed a penalty. Payment comes in, payment is applied to penalty first. At some point, penalty may be waived. Need a way to reapply the $$ from the penalty to the regular fee owed. Original fee $64 penalty $30 Customer Sends $64 Apply $30 customer sends $64 Aply$30 of $64 to penalty and pay the remaining $34 to other balances the later may waive penalty. Should be able to void the penalty fee. Then should show an unapplied amount. Then you can apply to the correct amount. Need this to reflect the correct payment date and person. 18280 License Track Contacts Not Converted Contacts not converted 19161 Payment Void This issue was mentioned but we do not believe a ticket was entered for it when we brough it up. When voiding a payment in a renewal record, once void is completed is there a way for the renewal status as well as the main record status to revert back to what it was previously? 19212 Duplicate Renewals Being Created Citizens are going online and attempting to create renewals but are not successful. In back office when we go into the account, under the renewal tab a tmp record is displayed. When we click in it to try to finish the process for them, tmp record disappears and a new renewal has to be processed. The tmp record is then converted to a random REG-REN record and just exists in Accela. See record 77810 that has 2 renewal records, Reg- Ren-004469 and 77810-Ren.001 and record 930197 that still just shows the 26tmp-005419. 19320 Renewal Payments Submitted without Review I don't know if this is an isolated issue, but it needs to be fixed asap. I was on phone with customer who was attempting to renew record 977960. The system allowed her to submit renewal and make payment without it coming back to us first. We need to be able to review the renewal and invoice them because you have not yet fixed the penalty issues. Luckily this account does not owe a penalty, but other accounts may have been able to pay without paying penalty. 19340 Renewals Customers are attempting to submit renewals but cannot complete the transactions by leaving the temp records in the system. When we try and finalize on our end with the same temp record it disappears or it creates a whole new one. I have had it create the reg-ren record (see screenshot) and then once I attempt to go into the account it gives me an error. I have tried logging out and going back in and still getting the error (see screenshot). Packet Page. 266 Page 11 of 4 19450 Sarch by Payment Report is not producing the data accurately. I've submitted lets say January time frame, but it does miscellaneous dates and almost always there is only 3000 payments being displayed. 19452 Parcels Parcels are not appearing on the renewals/ delinquents nor on the inspector letters. Parcels need to be displayed on letters (specifically Vanessa's letters). 19453 Priior Year Adjustments Have the system detect and calculate if an account owes a prior year adjustment. First year’s gross determines how much the fee will be that first year and the following. If the first year they paid less than what was collected that first year, then the customer would have to pay the difference of that first year plus the current fees owed. 19472 License Issuance when a Balance is Due Is there a way for us to receive a notification when we attempt to workflow an account to active when there is a balance due on the account? 19566 No Renewal Geneatedd I have received a couple of calls for accounts that never received renewal notices but should have. They have an expiration date of 6/30/2026 but they are still in active status. I had to manually change their expiration status to about to expire and also set workflow to about to expire, then emailed them their renewal notices. The record I delt with today was 75966 but I did a search and found more than 25 more accounts. 65318,8204,935711,58546,201993 are just some of them. I can't tell if there is something about these accounts that may have caused them to get stuck, but it is concerning that there may be some for other months. Can we have someone look into this please? 19605 Multiple Contacts Being Added to Account Customer is assessed a penalty. Payment comes in, payment is applied to penalty first. At some point, penalty may be waived. Need a way to reapply the $$ from the penalty to the regular fee owed. Original fee $64 Penalty $30 Customer sends $64 Apply $30 of $64 to penalty and pay the remaining $34 to the other balance. Then later may waive penalty. Should be able to void the penalty fee. Then should show an unapplied amount. Then you can apply to the correct amount. Need this to reflect the correct payment date and person. 19667 Duplicate renewals- 2 Record 972171 has two renewals records created. When I went into the record and to the renewal tab, I invoiced fees from that tab which is record reg-ren-006931 however there is also a 972171-ren.oo1 record. I was under the impression that the 972171-ren.001 is the one that should be attached to the renewal tab. This situation is a bit different than ticket 19212 because neither records were ever temp records. Packet Page. 267 Page 12 of 4 19683 Primary Contact We requested that the business name contact automatically be listed as primary since the record can only be queried by the business address if it is listed as primary. It was automatically setting it as primary after the request, but it is no longer doing so. I am not exactly sure when it stopped working but noticed it today when a customer called to check on the status of his application. His business name was changed to "undefined" so I could not look him up by business name and when I tried the address, it did not bring up results. I finally found his account by contact name. See record REG-LIC-001512. I updated all contacts for this specific account, but you can also see account REG-LIC-01564 or any other new record if you need an example. 19708 Sets For the Sets, I notice that there is a way to mass set the status to one of the others example: From Temporary to Active. My question is, is there a way to also add the expiration status to do a mass update? Kind of like a was workflow update? 19732 Delinquent Status Discrepency Status do not seem to be updating to delinquent sent. Please see SET ID: LUIS DELINQUENT 4/30/26 A where all expire 4/30/2026 yet some were left in about to expire while others are set to delinquent notice sent. 19733 Delinquent Sets- Inspectors SET ID: 75DLQ2N-RODLU-06152026 is not producing the correct notices. If you note in this set there are only 5 accounts and they do not have the correct expiration date nor status. What the list should actually look like is SET ID: LUIS DELINQUENT 4/30/26. A same issue is happening to the 90 day reports and the acp reports. Packet Page. 268 Page 13 of 4 EXHIBIT C Accela Civic Platform Implementation $2,100,336 Managed Services $185,000 AllPaid Integration Change Order $20,160 Extended post-Go Live support for Business Licensing Change Order $43,875 GWiz Implementation Change Order $58,500 The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program authorized by the American Rescue Plan Act (ARPA) will be used in the amount of $2,164,371. Packet Page. 269 Exhibit B Page 1 of 2 EXHIBIT B The Mayor and City Council (“Council”) of the City of San Bernardino (“City”) finds and determines as follows: A. The City possesses legal authority to procure land-management-system implementation, integration, support, and related information-technology services, subject to applicable contracting and procurement requirements. B. The City requested the All Paid integration and Business Licensing support identified as the Completed Additional Services. Payment is authorized only after the required performance, acceptance, value, nonduplication, documentation, funding, and proper-payee findings are made. C. The sixty-four thousand thirty-five dollars ($64,035) amount is a maximum, not an automatic payment obligation. Any payment is limited to the verified reasonable value of completed, accepted, and nonduplicative services. D. Payment for verified and accepted services serves a valid municipal and public purpose and does not constitute a gift of public funds because the City receives adequate consideration. E. The failure to obtain a duly executed amendment before the Completed Additional Services were performed is a contracting defect that the limited ratification does not excuse, validate, or establish as precedent. F. The Original Agreement cannot be retroactively amended to authorize services already performed. The First Amendment governs only prospective services from and after its effective date, except for the limited payment authority stated in this Resolution. G. The prior staff-signed change-order documents did not independently amend the Original Agreement. This Resolution does not validate those signatures, waive any City claim or defense, authorize any other past service, or establish that stated amounts are due. H. The Form W-9 identifies TruePoint Solutions, LLC as the legal tax entity and Gray Quarter and GovPath as doing business as (“DBA”). TruePoint has represented that it became Gray Quarter, Inc.’s successor through a merger. The City may recognize TruePoint as the Consultant and legal payee only after receiving documentation establishing that successor relationship and confirming that TruePoint assumes responsibility for prior obligations. The City must also confirm that required insurance, City business registration, and related documentation are satisfactory. After those conditions are met, references to Gray Quarter or GovPath are references to TruePoint’s DBAs and do not create a separate contracting party. I. GWiz implementation (in an amount not to exceed $58,500) and Managed Services (in an amount not to exceed $185,000) are prospective and may begin only after applicable procurement, contracting, funding, and written Notice to Proceed conditions are satisfied. Packet Page. 270 Exhibit B Page 2 of 2 Managed Services are a subscription; annual invoicing may be authorized only under the final approved agreement terms and applicable appropriations. Packet Page. 271 Resolution No. 2026-162 Resolution No. 2026-162 October 7, 2026 Page 1 of 4 RESOLUTION NO. 2026-162 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE REALLOCATION OF $64,035.00 IN PREVIOUSLY ALLOCATED AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FROM THE HOSTED SERVICES AGREEMENT WITH GRAY QUARTER TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRUEPOINT SOLUTIONS, LLC. WHEREAS, the City of San Bernardino (City) received an allocation of State and Local Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act of 2021 (ARPA), and in 2021, 2022, 2023, and 2024, the Mayor and City Council allocated ARPA funds to eligible projects in accordance with U.S. Department of the Treasury (Treasury) rules and guidance; and WHEREAS, ARPA funds were required to be obligated by December 31, 2024, and must be expended by December 31, 2026; and WHEREAS, on November 20, 2024, the City entered into a Professional Services Agreement with Gray Quarter Inc. for implementation of the City's Land Management System (Professional Services Agreement), and a Hosted Services Agreement with Gray Quarter Inc. for software licenses that add functionality to the Land Management System (Hosted Services Agreement), both as part of the Land Management System Implementation Project (Project); and WHEREAS, Gray Quarter Inc. has since merged with TruePoint Solutions, LLC (TruePoint), and TruePoint has assumed the Professional Services Agreement and the Hosted Services Agreement; and WHEREAS, prior to December 31, 2024, the City obligated ARPA funds under both the Professional Services Agreement and the Hosted Services Agreement and reported those obligations to Treasury under the Project; and WHEREAS, $64,035 in ARPA funds obligated under the Hosted Services Agreement will not be expended by December 31, 2026, and are available to be reallocated to the Professional Services Agreement; and WHEREAS, Treasury guidance, including SLFRF Frequently Asked Questions 17.16 and 17.19, permits a recipient to use ARPA funds obligated by December 31, 2024, but not expended to cover increased costs under a contract entered into by that date, when the costs are attributable to change orders or amendments within substantially the same scope and for substantially the same purpose as the original contract; and Packet Page. 272 Resolution No. 2026-162 Resolution No. 2026-162 October 7, 2026 Page 2 of 4 WHEREAS, the Professional Services Agreement provides for change orders, and the increased costs attributable to Change Orders 2 and 3, which are incorporated into the Professional Services Agreement by Amendment No. 1, are within substantially the same scope and for substantially the same purpose as the original Professional Services Agreement, and WHEREAS, the reallocation will not change the total amount of ARPA funds obligated to the Project or the City's total ARPA obligations as reported to Treasury as of December 31, 2024, and the reallocated funds will be expended by December 31, 2026; and WHEREAS, staff recommend that the Mayor and City Council approve the reallocation of $64,035 in previously obligated ARPA funds from the Hosted Services Agreement to the Professional Services Agreement. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the reallocation of $64,035.00 in American Rescue Plan Act (ARPA) funds previously obligated under the Hosted Services Agreement with Gray Quarter Inc. to the Professional Services Agreement with TruePoint Solutions, LLC. SECTION 3. The Mayor and City Council hereby authorize the Director of Finance and Management Services to increase the purchase order for the Professional Services Agreement with TruePoint Solutions, LLC (formerly Gray Quarter Inc.) by $64,035.00. SECTION 4. 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 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 7th day of October 2026. Packet Page. 273 Resolution No. 2026-162 Resolution No. 2026-162 October 7, 2026 Page 3 of 4 Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Albert Maldonado, City Attorney Packet Page. 274 Resolution No. 2026-162 Resolution No. 2026-162 October 7, 2026 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-162, adopted at a regular meeting held on the 7th day of October, 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 8th day of October 2026. Telicia Lopez, CMC, City Clerk Packet Page. 275 Packet Page. 276 Packet Page. 277 Packet Page. 278 02/12/2026 Packet Page. 279 Page 1 of 3 GovPath | 950 East State Highway 114, Suite 105 Southlake, TX 76092 | (916) 259-1293 | www.GovPath.tech Project Change Order 3 prepared for City of San Bernardino, CA Date Author Version Changes 01/13/2026 Malyssa Jackson 1.0 Initial Docusign Envelope ID: C5A995BD-494A-4AA7-8C83-F9212744DED6 Packet Page. 280 Page 2 of 3 GovPath | 950 East State Highway 114, Suite 105 Southlake, TX 76092 | (916) 259-1293 | www.GovPath.tech Overview This Change Order (3) is a change to the Agreement between the City of San Bernardino (“Client”) and TruePoint Solutions, dba: GovPath (“Provider”) signed October 28th, 2024 Description of Additional Services GovPath to deliver extended post-Go Live support for Business Licensing, including analysis, configuration adjustments, defect triage, report/notice fixes, and coordination with Client stakeholders and third-party vendors as needed. Deliverables & Outcomes - Resolved or mitigated high priority issues affecting Business Licensing operations. - Updated configuration and scripts (as applicable) deployed to production following Client’s validation and approval - Prepared detailed fix documentation and knowledge‑transfer notes to support handoff to the long‑term support team Term & Schedule Work to begin January 19th, 2026 and continue through March 31st, 2026. Client Responsibilities - Client will provide timely access to SMEs, and decision makers. - Client will enter all requests into Jira with a detailed description, steps to reproduce, record numbers, and screenshots. - Prioritization of critical items will be jointly managed via the project backlog and weekly stand-ups. - Any new scope items discovered that exceed the authorized NTE hours will be proposed in a subsequent Change Order for approval. Docusign Envelope ID: C5A995BD-494A-4AA7-8C83-F9212744DED6 Packet Page. 281 Page 3 of 3 GovPath | 950 East State Highway 114, Suite 105 Southlake, TX 76092 | (916) 259-1293 | www.GovPath.tech Cost Changes This Change Order is billed as time & materials based on 225 hours at a rate of $195 per hour, for a total of $43,875. The full amount will be invoiced upon execution of this Change Order. No additional charges will apply unless the Client requests out‑of‑scope work, which will require a separate authorization. Invoicing will follow the terms of the underlying Agreement (e.g., monthly in arrears; standard payment terms). Timesheets will reflect actual hours worked. Signatures True Point Solutions City of San Bernardino, CA Authorized Signature Authorized Signature Printed Name Larry Cooper Printed Name Gabriel Elliott Title Chief Operating Officer Title Director - Community Development & Housing Department Date Date Docusign Envelope ID: C5A995BD-494A-4AA7-8C83-F9212744DED6 1/14/20261/14/2026 Packet Page. 282 1 | P a g e Project Change Order # 5 prepared for City of San Bernardino CA Document Control Date Author Version Changes 9/3/26 Malyssa Jackson 1.0 Initial Packet Page. 283 2 | P a g e Table of Contents Document Control ................................................................................................................................... 1 Table of Contents .................................................................................................................................... 2 Overview ................................................................................................................................................. 2 Description .............................................................................................................................................. 2 Objectives ............................................................................................................................................... 2 Overview This Change Order #5 is a change to the Agreement between City of San Bernardino CA (“Client” and TruePoint Solutions, dba: GovPath (“Provider”) signed October 28th, 2024. Description of Additional Services Additional services are required to complete solution-specific discovery, design validation, system configuration, testing, and implementation activities. Due to changes in project direction and timing, the originally planned schedule windows for these activities have already passed, requiring the project team to revisit and re-execute portions of the analysis, design, and implementation effort to successfully deliver the solution. Services will include: • GWiz requirements analysis and discovery • Business process and workflow review • Solution design validation • GWiz configuration and implementation • Stakeholder review and feedback sessions • System testing and validation • Configuration refinement and issue resolution Client Responsibilities • Designate project stakeholders and subject matter experts (SMEs) to participate in GWiz discovery, requirements gathering, design review, and testing activities. • Provide timely access to required business process documentation, forms, workflows, data elements, and other information necessary to support solution design and configuration. • Participate in requirements validation and configuration review sessions and provide feedback within agreed-upon timeframes. • Review and approve documented business requirements, configuration decisions, and design recommendations. Packet Page. 284 3 | P a g e • Identify and communicate business rules, operational procedures, and reporting requirements necessary for GWiz implementation. • Support testing and validation activities, including execution of user acceptance testing and verification of configured functionality. • Provide consolidated feedback, issue prioritization, and approval of defect resolutions during validation activities. • Complete all requested reviews, decisions, and approvals in a timely manner to avoid impacts to project schedule and delivery timelines. • Ensure appropriate staff availability and participation throughout implementation and validation activities. • Provide final acceptance of the configured GWiz solution upon successful completion of testing and validation. • The Customer is responsible for providing resources and participation necessary to complete User Acceptance Testing (UAT), deployment readiness reviews, and production go -live preparation activities as scheduled in the current project plan. Additional services may be required if these activities occur outside of the approved project timeline. Cost Changes This Change Order adds 300 hours of professional services at a rate of $195 per hour to support GWiz discovery, configuration, testing, and implementation activities, for a total cost increase of $58,500 billed time and materials. Packet Page. 285 4 | P a g e GovPath City of San Bernardino, CA Authorized Signature Authorized Signature Printed Name Printed Name Title Title Date Date Packet Page. 286 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 1 of 63 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GRAY QUARTER, INC. This Agreement is made and entered into as of November 20, 2024 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 Gray Quarter, Inc. a CA Corporation with its principal place of business at 8575 Morro Rd, Atascadero, CA 93422 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Accela Civic Platform Implementation (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. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 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.” 3. Professional Practices. All professional 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. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 287 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 2 of 63 Consultant under this Agreement exceed the sum of $2,100,336. 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. June 30 th, 2027 unless the Agreement is previously terminated as provided for herein (“Term”). Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 288 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 3 of 63 circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 289 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 4 of 63 whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 290 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 5 of 63 (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. 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 Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 291 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 6 of 63 (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. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 292 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 7 of 63 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 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. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 293 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 8 of 63 (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: (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. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 294 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 9 of 63 (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 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. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 295 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 10 of 63 pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 296 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 11 of 63 original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 297 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 12 of 63 27. Organization. Consultant shall assign Carson Goldberg 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: City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Gray Quarter, Inc 8575 Morro Rd Atascadero, CA 93422 Attn: Brian Weber Chief Revenue Officer brian@grayquarter.com 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 shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 298 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 13 of 63 provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 299 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 14 of 63 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. Electronic Signature. 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. 44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows: (i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant. (ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance. This time period (iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non- performance after previous warnings have been issued. (iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 300 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 15 of 63 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. APPROVED BY: City Manager ATTESTED BY: City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney Signature Brian Weber Name Chief Revenue Officer Title 10/28/2024 Date Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 301 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 16 of 63 EXHIBIT A Page left intentionally blank, Statement of work begins on following page Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 302 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 17 of 63 Gray Quarter, Inc. RFP F-23-78 SOW prepared for City of San Bernardino, CA Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 303 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 18 of 63 Document Control Date Author Version Changes 08/20/2024 Larry Cooper 1.0 Initial 08/28/2024 Brian Weber 1.1 Final Draft 09/23/2024 Brian Weber 2.0 Redline Responses 10/02/2024 Brian Weber 2.1 Final Revisions Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 304 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 19 of 63 Table of Contents Document Control.......................................................................................................................................................................2 Table of Contents........................................................................................................................................................................2 Overview .........................................................................................................................................................................................3 Services Description....................................................................................................................................................................4 Critical Success Factors..............................................................................................................................................................4 Scope of Services.........................................................................................................................................................................5 Scope of Work..........................................................................................................................................................................5 Reports........................................................................................................................................................................................7 Definition of Complexity......................................................................................................................................................8 Business Automation (Scripting/EMSE)..........................................................................................................................9 Interfaces (In scope)...............................................................................................................................................................9 Conversions ............................................................................................................................................................................13 Training.....................................................................................................................................................................................15 User Acceptance Testing...................................................................................................................................................18 Release Plan............................................................................................................................................................................18 Management and Governance........................................................................................................................................18 Status Reporting........................................................................................................................................................19 Issue, Risk, and Action Item Management 19 Definition of Done and Deliverable Acceptance 19 Definition of Defect, Defect Severities 20 Change Control 20 Project Management Tools 22 Project Governance Framework 23 Implementation Methodology.............................................................................................................................................23 Team Roles and Responsibilities.........................................................................................................................................24 General Gray Quarter Responsibilities .........................................................................................................................24 General Client Responsibilities........................................................................................................................................25 Specific Team Roles.............................................................................................................................................................25 Delivery Approach ....................................................................................................................................................................26 Sprint Zero and Product Backlog Elaboration...........................................................................................................27 Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 305 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 20 of 63 Sprint 0 Foundation Analysis................................................................................................................................27 Sprint 0 Foundation Analysis Acceptance Criteria 28 Definition of Ready 28 Build Sprints............................................................................................................................................................................29 Software Release to Production .....................................................................................................................................32 Post-Production Support...................................................................................................................................................32 Assumptions................................................................................................................................................................................32 General Assumptions..........................................................................................................................................................32 Records and Configuration...............................................................................................................................................33 Reports .....................................................................................................................................................................................33 Interfaces .................................................................................................................................................................................34 Conversions ............................................................................................................................................................................34 Training.....................................................................................................................................................................................34 User Acceptance Testing...................................................................................................................................................34 Payment Terms ..........................................................................................................................................................................34 Expenses.......................................................................................................................................................................................34 Appendix A: Statement of Work for the ePermitHub’s Digital Plan Room........................................................35 High Level Overview of the DPR implementation.......................................................................................36 ePermitHub Digital Plan Room Project Plan Details...................................................................................37 Project Assumptions................................................................................................................................................44 Accela/Gray Quarter RFP #F-23-78 Response inclusive of Appendix A-J……………………………………64-228 Gray Quarter BAFO Appendix G2-H-I……………………………Attachment Immediately After RFP Response Accela System Overview Follow-up Items……………………..Attachment Immediately After RFP Response Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 306 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 21 of 63 Overview This Statement of Work (“SOW”) dated August 29, 2024 describes how Gray Quarter, Inc. (“Gray Quarter”) will provide the City of San Bernardino, CA (“Client”) with Accela Civic Platform implementation and configuration assistance (collectively known as “Services”). The Client is seeking Gray Quarter to implement an integrated land management system utilizing best practices, automated workflow, online portal capabilities, mobile solutions, and other modern technology. The high-level objectives include: •Replace the existing Land Management system, •Improve and streamline operational/business processes, including the reduction of manual paper processes and redundant shadow systems, •Improve automated workflows, •Improve integrations between application systems, •Adopt the use of best business practices. To successfully execute the Services described herein, several critical success factors must be closely monitored and managed by Gray Quarter and Client stakeholders: Dedicated Client Participation and Governance – The client acknowledges that its staff has the appropriate skills, available time, and system subject matter expertise. Knowledgeable staff will be actively involved throughout the project to deliver the roles and responsibilities defined and required of the Client. In addition, the Client will assign a Product Owner empowered to make decisions and accountable for maximizing business value delivered to the Client. The Product Owner will direct the team to the highest priority work. Lastly, project governance must support the team by making timely decisions, mitigating risks, and resolving issues rapidly. Clear Business Objectives – The client has documented their business objectives before the commencement of the project and shared those objectives with Gray Quarter. Product Backlog Identified and Documented – Client and Gray Quarter identify, document, prioritize, and continually manage the Client's technical, functional, data, and any other requirements (expressed as User Stories) that must be satisfied for the project to be considered successful by the Client and Gray Quarter. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 307 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 22 of 63 Business Process Definition and Understanding – The client must be able to articulate the desired business processes. Knowledge Transfer – It is critical that Client resources are dedicated to increasing their knowledge of the Accela Civic Platform by participating in the analysis, configuration, and deployment of the software. The Client must be prepared to assume day-to-day operations of Accela Civic Platform outside of the Support and Maintenance Agreement. Key knowledge transfer areas include: Scope of Services Scope of Work Foundation Analysis Sprint’ to rectify problem areas for complex online application business processes. The Client will work with Gray Quarter to implement a series of filtering questions for each record type identified during the ‘Foundation Analysis Sprint,’ which routes the citizen to the correct final record submission in the Gray Quarter Wizard (refer to BAFO Response Appendix G2-H-I). Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 308 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 23 of 63 Table 1. Record Types (in scope) ID Department Record Type R-1 Planning Pre-Application R-2 Planning Administrative Permit R-3 Planning General Plan Amendment R-4 Planning Tentative Parcel Map R-5 Planning Annexation/De-Annexation R-6 Planning Tentative Tract Map R-7 Planning Appeals R-8 Planning Final Parcel Map R-9 Planning Code Amendments R-10 Planning Final Tract Map R-11 Planning Conceptual Plan Review R-12 Planning Lot Line Adjustments R-13 Planning Development Plan R-14 Planning Lot Mergers R-15 Permits Accessory Dwelling Unit R-16 Permits Mechanical R-17 Permits Solar/Photovoltaic R-18 Permits Alterations/Remodel R-19 Permits Reroof R-20 Permits Residential Building R-21 Permits Water Heater R-22 Permits Certificate of Occupancy R-23 Permits Sign Permit R-24 Permits Demolition R-25 Permits Home Occupation Permit R-26 Permits Electrical R-27 Permits Temporary Use R-28 Permits Fences R-29 Permits Grading Permit R-30 Permits Landscape Permit R-31 Permits Haul Permit R-32 Permits Traffic Hydrology Stormwater Permit R-32 Permits Wide Load Permit R-34 Permits Swimming Pool Drainage Permit R-35 Permits Stockpile Permit R-36 Permits Off-Site Improvements R-37 Permits Right of Way R-38 Permits Wall Permit R-39 Permits Sidewalk Vendor R-40 Permits Encroachment Permit R-41 Permits Parcel Map, Tract Map Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 309 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 24 of 63 R-42 Permits Lot Line Adjustment R-43 Permits Lot Merger R-44 Code Case Construction without a permit R-45 Code Case Substandard Housing R-46 Code Case Commercial Enforcement R-47 Code Case Vehicle Abatement R-48 Code Case Multi-Family Rental Program R-49 Code Case Vendor Enforcement R-50 Code Case Hazardous Conditions R-51 Code Case Vacant Lot R-52 Code Case Marijuana Dispensary R-53 Code Case Yard Sale R-54 Code Case NOP Request R-55 Code Case Doing Business without an Active Business License R-56 Code Case Property Maintenance R-57 Code Case Single Family Rental Program R-58 Request Management Single Record that supports (requests, complaints, suggestions, compliments by location) R-59 Licensing Application Record R-60 Licensing License Record R-61 Licensing Renewal Record R-62 Licensing Application Record 2 R-63 Licensing License Record 2 R-64 Licensing Renewal Record 2 R-65 Licensing Application Record 3 R-66 Licensing License Record 3 R-67 Licensing Renewal Record 3 R-68 Licensing Application Record 4 R-69 Licensing License Record 4 R-70 Licensing Renewal Record 4 R-71 TBD TBD – Extra for records not listed in RFP Response: Appendix A R-72 TBD TBD – Extra for records not listed in RFP Response: Appendix A Reports No reports were specifically provided in the RFP Response: Appendix A. The following is a generic list of the types of reports the team will provide. The team will evaluate all reports and provide a type of Executive, SSRS, or Ad Hoc report and determine if they are assigned to the Client or Gray Quarter. •Reports are defined as any output of data from the system, such as letters, forms, queries, dashboards, data exports, etc. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 310 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 25 of 63 •Reports will be developed using reporting tools as provided by Accela and/or supported in the Accela Cloud (e.g., PowerBI, Microsoft SQL Report Services, Crystal Reports, Accela Ad- Hoc Reports). Table 3. Reference Tab “BAFO Response Appendix G2-H-I” Reports & Inquiry Development #Report Name Report Description Report Complexity RPT.01 Report One Executive Dashboard Permitting Low Complexity RPT.02 Report Two Executive Dashboard Planning Low Complexity RPT.03 Report Three Executive Dashboard Enforcement Low Complexity RPT.04 Report Four Executive Dashboard Requests Low Complexity RPT.05 Report Five Executive Dashboard Licensing Low Complexity RPT.06 Report Six State reporting Medium Complexity RPT.07 Report Seven State reporting Medium Complexity RPT.08 Report Eight State reporting Medium Complexity RPT.09 Report Nine Letter Generation Low Complexity RPT.10 Report Ten Letter Generation Low Complexity RPT.11 Report Eleven Letter Generation and Batch Notice Low Complexity RPT.12 Report Twelve Standard SSRS Report Medium Complexity RPT.13 Report Thirteen Standard SSRS Report Medium Complexity RPT.14 Report Fourteen Standard SSRS Report Medium Complexity RPT.15 Report Fifteen Standard SSRS Report Medium Complexity RPT.16 Report Sixteen Standard SSRS Report Medium Complexity RPT.17 Report Seventeen Standard SSRS Report Medium Complexity RPT.18 Report Eighteen Standard SSRS Report Medium Complexity RPT.19 Report Nineteen Standard SSRS Report Medium Complexity RPT.20 Report Twenty Standard SSRS Report Medium Complexity RPT.21 Report Twenty- One Standard SSRS Report Medium Complexity RPT.22 Report Twenty- Two Standard SSRS Report Medium Complexity RPT.23 Report Twenty- Three Standard SSRS Report Medium Complexity RPT.24 Report Twenty- Four Standard SSRS Report Medium Complexity RPT.25 Report Twenty-Five Standard SSRS Report Medium Complexity RPT.26 Report Twenty-Six Standard SSRS Report Medium Complexity RPT.27 Report Twenty- Seven Standard SSRS Report Medium Complexity RPT.28 Report Twenty- Eight Standard SSRS Report Medium Complexity RPT.29 Report Twenty- Nine Standard SSRS Report Medium Complexity Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 311 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 26 of 63 RPT.30 Report Thirty Standard SSRS Report Medium Complexity RPT.31 Report Thirty-One Standard SSRS Report Medium Complexity RPT.32 Report Thirty-Two Accela Ad-Hoc Low Complexity RPT.33 Report Thirty- Three Accela Ad-Hoc Low Complexity RPT.34 Report Thirty-Four Accela Ad-Hoc Low Complexity RPT.35 Report Thirty-Five Accela Ad-Hoc Low Complexity RPT.36 Report Thirty-Six Accela Ad-Hoc Low Complexity RPT.37 Report Thirty- Seven Accela Ad-Hoc Low Complexity RPT.38 Report Thirty-Eight Accela Ad-Hoc Low Complexity RPT.39 Report Thirty-Nine Accela Ad-Hoc Low Complexity RPT.40 Report Forty Accela Ad-Hoc Low Complexity RPT.41 Report Forty-One Standard SSRS Report High Complexity RPT.42 Report Forty-Two Standard SSRS Report High Complexity RPT.43 Report Forty-Three Standard SSRS Report High Complexity Definition of Report Complexity The list of complexity definitions below was produced and provided by the Client. The definitions below will be leveraged to implement each of the reports above. Complexity Level Description Low Complexity Reports that require a simple pull from a limited number of database fields and presentation on a document. Examples include letters such as Certificates of Occupancy, notices, and mailing labels. Medium Complexity Reports that require some calculations and summaries. Examples include forms and transaction reports (receipts, permits, inspection tickets, journals, logs). Many agency reports fall under this category. High Complexity Reports that require complex queries, joins, multiple sources, etc. Examples include statistical and analytical reports, schedules, and agendas. Business Automation (Scripting/EMSE) The Event Manager and Scripting Engine (EMSE) comprise the Accela Civic Platform scripting platform. The Civic Platform stores the script files, written in JavaScript, in the Civic Platform database. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 312 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 27 of 63 Scripting is necessary to create business rules above and beyond native Civic Platform functionality. Gray Quarter will provide Scripting/EMSE based on complexity (minimal, moderate, and complex). •Fifty (50) High Complexity – batch scripts (e.g., license expiration notice), page flow scripts •Ninety (90) Medium Complexity – event scripts (e.g., auto-assign inspections, populating custom fields from GIS, placing a condition on a record based on custom fields and/or GIS data elements), pre- and post-scripts, and scripting expressions (non-wizard based) •Sixty (60) Low Complexity – configurable scripts, wizard-based expressions Interfaces (In scope) Table 4. – Reference tab “BAFO Response Appendix G2-H-I” Interface ID Name Description Interface Direction Third-Party Software Frequency / Real-Time Active Integration Type Vendor Comments ID.1 Cashiering & Online Payments Cash receipts should validate permit number, account number, fees, penalty amounts, and update customer balance. As Needed This is a standard feature in Accela. Pricing for the provider is below with "All Paid" ID.2 Customer Internet Payments Online payments with provider "All Paid" Two-way AllPaid As Needed Export Typically, all payment interfaces are one way originating from the software to the payment vendor. We believe this should be a one way and the pricing is based on that assumption. ID.3 Customer Over the Counter Payments In person payments As Needed This is a standard feature in Accela. ID.4 Enterprise Financial System Provide the automatic generation of journal entries to the general ledger, ensuring auto updates Two-way Real-Time Export We do not recommend tracking AR in an external system and pushing back to Accela, as a result that is assumed to be one way. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 313 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 28 of 63 to the accounts receivable and accounts payable accounts. ID.5 Electronic Plan Submittals Ability to receive plan submittals electronically through the Agency's website. Two-way As Needed Import We are recommending ePermitHubs software that integrates seamlessly into the Accela Public Portal and Back Office. Please refer to Appendix A for the ePermithub Digital Plan Room Scope of Work. ID.6 Contractor Information Ability to extract contractor information from the state licenses board and populate fields in permit modules contractor database. One-way Unknown. State Website. As Needed Import We will implement the standard CSLB interface that all California Accela clients leverage. ID.7 Inspections (including mobile) Ability to integrate with an interactive voice response system for inspection scheduling, status updates, and payments. Real-Time We are recommending using the Gray Quarter Rapid Scheduler instead of IVR ID.8 Email Integration Ability to send emails from system utilizing standard SMTP protocols. Two-way Real-Time Standard Feature in Accela just minor configuration ID.9 Single Sign-On / Active Directory Support of Single-Sign- On and Active Directory. Two-way Microsoft Azure Real-Time Standard Feature in Accela just minor configuration ID.10 Ad Hoc Third- Party Report Writers Ability to integrate with third party report writers. Accela integrates with Microsoft BI, SSRS, Crystal Reports, and has a built-in Ad Hoc tool. Accela can Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 314 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 29 of 63 integrate with other solutions if the reporting tool has URL based reporting ID.11 SQL Server Reporting Services Integrate SSRS Reporting Services into the Application for documents and statistical reporting needs. As Needed This is provided as part of the SaaS setup ID.12 Agenda Software System should integrate with PrimeGov to generate agendas. Two-way PrimeGov As Needed We would recommend leveraging the Accela APIs if PrimeGov supports the process. ID.13 Electronic Content Management System System must integrate with Laserfiche. Two-way Laserfiche As Needed Export We have a standard integration that is subscription based. ID.14 Electronic Document Signatures Integrate electronic signatures with DocuSign and Adobe Sign. Two-way DocuSign or Adobe Sign As Needed Export The Client would need to contract with DocSign or AdobeSign for the actual envelopes. Gray Quarter can provide the envelopes, but the Client cost direct would be much cheaper ID.15 GIS & GIS Mapping (ESRI ArcGIS) Ability to interface with GIS mapping products that support Esri formats. Two-way ESRI Real-Time Import Standard Feature in Accela but requires configuration. Accela GIS will be implemented to support the base integration with Accela. All costs for rows 20, 21, 23, and 24 are included here. ID.16 GIS - View GIS Data Query, view, and interact with GIS data within the application. Two-way Application As Needed Import Standard Feature in Accela but requires configuration. Accela GIS will be implemented to support the base integration with Accela. ID.17 GIS - Auto Sync GIS Changes Automaticall y synchronize any changes from GIS Two-way System Real-Time Import With how Accela integrates to ESRI this may not be needed. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 315 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 30 of 63 with the system. ID.18 GIS - Secure Service Support Consume data through secured services. Two-way Services As Needed Import Standard Feature in Accela but requires configuration. Accela GIS will be implemented to support the base integration with Accela. ID.19 GIS - Feature Services Consume and edit GIS data through Feature Services. Two-way Services As Needed Import Standard Feature in Accela but requires configuration. Accela GIS will be implemented to support the base integration with Accela. ID.20 Two-Factor Authentication (2FA) Support Two-Factor Authenticatio n (2FA). Two-way 2FA As Needed This would be part of Azure Active Directory and not implemented in Accela but IDP. ID.21 Rest API Provide a REST API interface to facilitate querying data and integration. Integration Accela provides a robust set of Rest APIs out of the box, publicly available, specifications are at developer.accela.co m. ID.22 Symbium Integration with solar application solution. Integration Integration exists Data Conversions Data Conversion Execution – The Client is responsible for the data cleansing and transformation of data during each Sprint. Gray Quarter will work with the Client team in defining a time to develop the data map to execute a conversion script against the dataset provided by Client. Gray Quarter will convert each source up to three times based upon an approved data map. For the purpose of determining data quality, Gray Quarter will use the initial run of the data to compare it against the source dataset provided by Client. Gray Quarter will share data anomalies and work with Client in modifying a data map if any are required. Gray Quarter will play a supportive consultative role with data extraction, data cleansing, and/or mapping up to 200hrs, not to exceed. The following table is a list from the RFP Response: Appendix A and considered in scope or provides direction for how Gray Quarter will handle the data need. For conversions, it is expected and anticipated that the client will provide resources knowledgeable with the historical data to assist in the data migration/conversion effort. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 316 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 31 of 63 Table 5. Reference Tab “BAFO Response Appendix G2-H-I” Conversion ID Conversions Description Number of Records (Estimated) Existing Software Product Database Type RFP Response: Appendix A Comments C.1 Address/Parcel Records File Geodatabase 76,000 ESRI ArcGIS Undisclosed If we convert the data as a traditional Address, Parcel, Owner load like the T32 program used in Permits Plus the hours will hold. It is suggested that we configure XAPO to pull the data directly from ESRI. C.2 Address/Parcel Records Records in SQL tables 70,000 PermitsPlus SQL 2008 R2 See Comment above. The hours would not be duplicated for this effort and are estimated above. C.3 Active Planning Projects Records in SQL tables N/A PermitsPlus SQL 2008 R2 We have assumed that the NA implies the data does not exist or will not be converted C.4 Active Permit Applications Records in SQL tables N/A PermitsPlus SQL 2008 R2 We have assumed that the NA implies the data does not exist or will not be converted C.5 Active Code Cases Records in SQL tables 2,333 GoEnforce N/A C.6 Active CRM Cases Records in SQL tables 150 GoGov N/A C.7 Active Business Licenses Format database can be provided to future vendor 25,000 Progressive Solutions N/A The agency will be responsible for extracting the data into SQL Server tables C.8 Planning Projects Records in SQL tables 45,000 PermitsPlus SQL 2008 R2 We use a standard process to convert data from Permits Plus to the Accela Civic Platform. C.9 Public Works Land Development Projects Records in SQL tables 2,000 PermitsPlus SQL 2008 R2 We use a standard process to convert data from Permits Plus to the Accela Civic Platform. C.10 Building Permit Records Records in SQL tables 125,000 PermitsPlus SQL 2008 R2 We use a standard process to convert data from Permits Plus to the Accela Civic Platform. C.11 Public Works Permit Records Records in SQL tables 50,000 PermitsPlus SQL 2008 R2 We use a standard process to convert data from Permits Plus to the Accela Civic Platform. C.12 Building Inspections Records in SQL tables 560,000 PermitsPlus SQL 2008 R2 We use a standard process to convert data from Permits Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 317 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 32 of 63 Plus to the Accela Civic Platform. C.13 Public Works Inspections Records in SQL tables 80,000 PermitsPlus SQL 2008 R2 We use a standard process to convert data from Permits Plus to the Accela Civic Platform. C.14 Code Enforcement Cases Records in SQL tables 2,333 GoEnforce N/A C.15 CRM Cases Records in SQL tables 23,000 GoGov N/A C.16 Total Business Licenses Format database can be provided to future vendor 25,000 Progressive Solutions N/A The agency will be responsible for extracting the data into SQL Server tables C.17 Permits and Projects Attachments Each permit has a folder PermitsPlus SQL 2008 R2 For all attachments we use a single tool to migrate and attach to the converted record. It is important to note that the base record must be converted before we can associate the attachments. C.18 CRM Attachments Each CRM has a folder GoGov N/A For all attachments we use a single tool to migrate and attach to the converted record. It is important to note that the base record must be converted before we can associate the attachments. C.19 Case Attachments Each Case has a folder GoEnforce N/A For all attachments we use a single tool to migrate and attach to the converted record. It is important to note that the base record must be converted before we can associate the attachments. C.20 License Attachments Attachments details can be provided to future vendor Progressive Solutions N/A For all attachments we use a single tool to migrate and attach to the converted record. It is important to note that the base record must be converted before we can associate the attachments. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 318 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 33 of 63 C.21 Entities (contractors / architects) Records in SQL tables 20,000 PermitsPlus SQL 2008 R2 We usually only convert the CAEDs that are attached to records and then use the CSLB lookup interface for all new records Gray Quarter Wizard Implementing the Gray Quarter Wizard (G-Wiz) will consist of the following tasks: •Provision the G-Wiz service o Provision API Key(s) o Connect G-Wiz to all Accela environments o Create a baseline G-Wiz decision tree o Provide links to the decision tree for external sites •Conduct Business Analysis to capture requirements for the following flows (see Table 1, Record Types) o Application Flow in Building (40 Nodes Maximum) * o Application Flow in Planning (40 Nodes Maximum) * o Application Flow in Licensing (40 Nodes Maximum) * o Renewal Flow for Licensing (15 Nodes Maximum) * o Point and click flow for Service Requests (40 Nodes Maximum) * o Point and click flow for Enforcement (40 Nodes Maximum) * o Public Comment flow for Planning Permits (10 Nodes Maximum) * •Configure and design the G-Wiz decision tree to meet analysis requirements o Record types o GIS layers o Digital plan review (required documents) o Required fields for fee calculations and record type decisions o Contractor license validation o Blocks or conditions *A “Node” is defined as a unique question page within G-Wiz that will navigate the user to the next action. The Implementation costs of the Gray Quarter Wizard are inclusive in the total lump sum stated within the Payment Terms herein (refer to BAFO Appendix G2-H-I). Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 319 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 34 of 63 Training Training Execution – The Client will be responsible for assigning training resources at the beginning of the project so proper knowledge transfer and training can be planned and acted on as part of the Build Sprints. Any switch in team members may require the need for a project change request to account for missing time. The following is the list of training courses in scope for the project. Gray Quarter will provide up to one hundred hours of additional time that may be used to develop custom training courses or deliver custom training. Table 6. – Reference Tab “BAFO Response Appendix G2-H-I” Training Fees Training ID Training Title Training Description Duration Max # of Students Number of Class offered T.1 Training Class - Accela Automati on - Core Team This course is an overview of the Accela Civic Platform, to help you become familiar with the basic terminology, system navigation, and core functionality of the platform. While learning Accela best practices, you will also explore design concepts, advanced configuration options, and automation possibilities. This course is recommended for project teams preparing to go through analysis sessions. Up to 12 hours, typically 2– 6-hour sessions 12 1 T.2 Training Class - Accela Automati on Admin Usage This course is designed to prepare you to take over managing your instance of Civic Platform following implementation. Dive deep into user experience design concepts and configuration options. Learn how to create different record types, study business analysis and process design. Build workflows, custom field groups, design page forms, layouts, and learn how to develop and utilize expressions. Cap that all off with exploring user security and permissions. Up to 18 hours, typically 3– 6-hour sessions 12 1 T.3 Training Class - Accela Automati on End User This course focuses on the functionality you will use daily in Civic Platform. Learn the processes of creating records, entering, and completing applications, adding fees and payments, and entering workflow information. Learn how to schedule inspections and navigate through inspection data entry. Learn how Accela Mobile is used for inspections and code compliance, Up to 12 hours, typically 2– 6-hour sessions 10 14 Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 320 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 35 of 63 explore GIS mapping, and learn about managing reviews and workflows. T.4 Training Class – G-Wiz This course is designed to prepare you to take over managing your instance of G-Wiz following implementation. Up to 6 hours, typically 2-3 hours sessions 5 1 T.5 Training Class - Accela Mobile Office The course is recommended to prepare you for implementing Mobile Office in your instance of Civic Platform. Learn how to access job lists and records in the field and create new records in the field. Discover how to create, schedule, reschedule, cancel, and reassign inspections. Learn how to establish settings for offline and online inspections. Develop the skills to search records and inspections by creating and applying filters. Up to 4 hours and typically 2 2-hour sessions 15 1 T.6 Training Class - Ad Hoc Report Training This course is designed to prepare you to use reporting in the Civic Platform. Learn how to use report tools to design and develop reports and create sub- reports. Learn to deploy reports in hundreds of places throughout the Civic Platform and ACA. Practice creating expressions to concatenate or calculate at the field level. Discover how to use the form designer to create forms and letters. Up to 4 hours, typically 2 2-hour sessions 10 1 T.7 Train the Trainer This Civic Platform course is intended to prepare identified customer trainers to train their end users. As a Trainer in training, you will first review the basic 2-day End- User course around the customer daily Civic Platform processes. You will then engage in workshop practice sessions where you will teach the Accela instructor and other participants sections of the 2- day end user course. Feedback will be given to help you obtain the skills needed to effectively train your end users. By the end of this course, you will have ability to train your end users in Civic Platform functions. Up to 18 hours, typically 3– 6-hour sessions 10 1 T.8 Business Automati on This course is designed to help you learn the basics of the Business Automation engine and understand the relationship between configuration and scripting. Explore planning, implementation, modification, and deletion of scripts. Learn about migrating to configurable business rules. The student is required to know JavaScripting and at a minimum have Up to 4 hours, typically 2 2-hour sessions 10 1 Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 321 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 36 of 63 attending at least 16 hours of JavaScript training. T.9 Digital Plan Room- End User Training Gray Quarter will complete all the necessary training to run electronic plan review operations across applicable departments. Training materials and required training sessions will be created and conducted. Two-hour sessions for Intake Specialists/Permit Technicians with same curriculum for each session. Four-hour sessions for Plan Reviewers/Managers with same curriculum for each session. 6-hour sessions (2 hour session for Intake Specialists/Permit Technicians. 10 4 T.10 Digital Plan Room- Admin Training Gray Quarter will provide training to Client staff focusing on the administrative and technical setup and the Digital Plan Room administration and configuration. The goal is to educate Client staff in all aspects of the Digital Plan Room solution and ensure the staff is self-sufficient before Go-Live. 4-hour sessions 10 2 T.11 Digital Plan Room- Customer Enableme nt Training Gray Quarter will conduct Agency Customer Enablement training. Gray Quarter provides web-based training sessions, produces contextually relevant public-facing web-based training videos, and produces a User Guide for Agency’s Customers on how to use the ePermitHub Digital Plan Room embedded in Accela Civic Access. Client publishes videos and User Guide to a dedicated Digital Plan Room information page at Client’s website. 1.5 hour sessions Customer software dependent 3 T.12 Custom Training Materials Gray Quarter will develop up to one hundred hours of custom training materials or provide ad-hoc training. During the life of the project the team will provide loom videos and scribehow documents that should meet the needs of custom training. Up to one hundred hours NA NA User Acceptance Testing •System testing will follow the agile methodology and occur in each of the 23 Sprints. •The Client will commence 4 weeks of user testing in the final Sprint. •It shall be the Client’s responsibility to develop, document, and execute the user acceptance test cases throughout each sprint. •Gray Quarter will play a supportive consultative role with the City’s ownership of developing, documenting, and executing UAT test cases. This role will be time boxed at 140hrs. •Gray Quarter will assist Client in the UAT effort and validation of system configuration. •Gray Quarter will resolve issues resulting from Client User Testing. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 322 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 37 of 63 •Gray Quarter will provide recommendations on testing strategy and best practices. •Gray Quarter and the client will agree on the UAT completion date and Go-Live date. Release Plan The Release Plan outlines four (4) iterative Releases (Go Lives) within twenty-four (24) months and is planned as follows: •Project startup phase (2-weeks) for plan elaboration, project kick-off meeting, and core team training. •Sprint 0: Foundation phase (4-weeks) for building the initial Product Backlog (all work): o Determine required configuration to support business needs, o Determine required reporting needs, o Determine integration requirements, o Determine conversion data map requirements. •Sprint 1-24: Twenty-four (24) Build Phase sprints over a 2-year period with four (4) sprints inclusive of releases to Production: o Sprints 1-5: Five (5) 4-week Build Phase sprints, o Sprint 6: 4-week Build Phase and Production release one, o Sprints 7-11: Five (5) 4-week Build Phase sprints, o Sprint 12: 4-week Build Phase and Production release two, o Sprints 13-17: Five (5) 4-week Build Phase sprints, o Sprint 18: 4-week Build Phase and Production release three, o Sprints 19-23: Five (5) 4-week Build Phase sprints, o Sprint 24: 4-week Final User Acceptance Testing and Production release four. •12 weeks of post-go-live support and maintenance o Fix severity 1 and severity 2 issues identified in post-Go Live. Management and Governance This section defines the project management practices, governance bodies, and associated processes. Status Reporting The Gray Quarter Scrum Master/Project Manager will provide a written weekly status report to the Client Project Manager and Product Owner. The Gray Quarter Scrum Master/Project Manager will publish the weekly status using PowerPoint and Jira (refer to the Project Tools section for tool information). The weekly report will include the percentage of completion of the Product Backlog, the pass rate for the Story Tests, key project delivery milestone status, estimated completion date for each milestone, Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 323 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 38 of 63 as well as other information relevant to the delivery of the project as may be agreed upon between the parties' Product Owner and Gray Quarter Scrum Master/Project Manager. Issue, Risk, and Action Item Management Definition of Done and Deliverable Acceptance •Team member completes the Project Backlog Item (PBI) work, •Associated configurations and code are deployed to the development environment against the current version in source control, where applicable, •Item has passed unit testing, •Item has been peer reviewed to confirm meeting development standards, •Backlog Item test cases (based on the Acceptance Criteria defined for the PBI) were written and tests passed. Testers must complete testing for each PBI within the timeframe defined by the team during Sprint Planning for the Sprint, •Regression test cases updated, as appropriate, •Item is deployed to the test environment and has passed at least 80% of system/regression tests (regression tests as documented in acceptance criteria for previously completed PBIs). Testers must complete regression testing for the PBIs in the Sprint within the timeframe defined by the team during Sprint Planning, •No Severity 1 or 2 defects remain for the PBI, •The Product Owner has reviewed and moved JIRA Story to "Done". Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 324 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 39 of 63 For a Release, deliverable acceptance is conditioned upon meeting the following Definition of Done: •Sprints planned for the Release are complete, •The Product Backlog Items scheduled for the Release are complete, •Code is deployed to the Production environment, •Severity 1 and 2 defects identified during the build Sprints are resolved. Definition of Defect, Defect Severities •Severity Level 1: This is a "must-fix" problem, a "showstopper." The problem is causing a major system error, fatal error, serious database corruption, serious degradation in performance, major feature malfunction, or is preventing a major business goal from being realized. The problem needs a reasonably acceptable workaround for the corresponding end- users. •Severity Level 2: This is a problem causing a significant loss of feature functionality, but the system can recover from the problem, and it does not cause a total collapse of the system. The system does not meet a business goal or a portion of a business goal; performance degradation is minor but not within established exit criteria; or minor database issues may exist (e.g., single rows or fields may be locked). The problem does have a workaround that is reasonably acceptable to the corresponding end-users. •Severity Level 3: This is a problem that is causing minor loss of feature functionality. Optional workarounds are acceptable but causing potential efficiency loss. •Severity Level 4: This is a problem that is causing minor loss of feature functionality. Optional workarounds reasonably acceptable to the corresponding end-users are available with minor efficiency loss. Minor issues, misspellings, cosmetic changes, etc. Change Control •Change in Scope Requirements – change in the underlying assumptions used to create this Statement of work. Examples would include changes in number of reports, number of scripts, number of data conversion sources, and data conversion source sizes (+10%). •Change in Expense Budget •New Product Backlog Items – The addition of a new Epic, User Story, or Product Backlog Item (PBI) is a project change. The Product Owner must approve the addition of a new PBI. The Scrum Team will estimate the new PBI and assign Story Points. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 325 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 40 of 63 •Change to Existing PBI – Change to an existing PBI that impacts the level of effort to complete it (estimate and Story Points) is considered a project change and is documented by the Product Owner adding a new PBI to define the change. For example, a change to the Acceptance Criteria or a specification that impacts the complexity constitutes scope change. Changes impacting PBIs/ User Stories completed in a previous Sprint may require additional rework. If rework is required, the rework changes will be added to the Product Backlog as a new PBI/User Story. •Change to Definition of Done – Changes to the Definition of Done for a Sprint or Release may impact the level of effort for completing PBIs and delivering a Release, impacting overall delivery velocity. Gray Quarter will assess proposed changes to the Definition of Done and document the impacts in a Change Order (e.g., change impacts to schedule, scope, or costs) (Please see Change Control section). •Change in Projected Team Velocity – The velocity of the team is dependent on all team members fulfilling their assigned tasks or actions within the timeframes agreed during Sprint Planning. The team will monitor projected velocity against actual velocity. If the actual velocity falls below the projected velocity, the team will assess the root cause of this velocity impact. If the root cause is attributed to a Gray Quarter team member(s) performance or management issues, the project change and associated impact will be borne by Gray Quarter. If the velocity impact is attributed to Client team member(s) performance or management issues (such as delays in decisions or issue escalation/resolution), the project change/impact will be borne by the Client. In either case, the Product Owner will document the change and impact with support from the Gray Quarter Scrum Master/Project Manager. For velocity changes attributed to the Client that impact the overall project costs or overall Release timeline, Client will process a Change Order adjusting the deliverables/payment amounts to incorporate the additional cost. •Non-Productive Time – Gray Quarter's price for this SOW is based on the assumption that the Gray Quarter team will have complete, timely, and accurate information and other deliverables and dependencies from the Client team, enabling the team to be productive during working hours throughout the course of the project. Issues impacting the Gray Quarter team members' productive time will be escalated to the Change Control Board (CCB) and a mutually agreed resolution must be in place within seventy-two (72) hours of the initial escalation. No changes shall be made to Sprint Backlog (User Stories /PBIs) during the current Sprint, for either PBIs/ User Stories already delivered but not yet accepted and PBIs/ User Stories accepted. The Product Owner can address Standard Changes by re-prioritization of the Product Backlog, with agreement from the Gray Quarter Scrum Master/Project Manager and Scrum Team. For example, if a new "must-have" User Story is identified during Sprint 2, the Product Owner can schedule the new User Story for Sprint 3 as long as a User Story of equivalent size (hours, Story Points, and sizing factors) is removed from the Product Backlog. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 326 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 41 of 63 Changes to the Product Backlog affecting the overall project scope, level of effort, or timelines for the Release must be approved following the Extraordinary Change Order process set forth below. Standard Change Order Process – Standard changes are items that can be addressed through reprioritization of the Product Backlog without impacting the overall scope, delivery timeline, or costs. The decision makers required for standard changes include the Gray Quarter Scrum Master/Project Manager, Client Product Owner, and Client Project Manager. •For each change where Gray Quarter and Client agree to define as a new PBI/ User Story, the Client Product Owner completes the definition of the Story. •The Gray Quarter team will analyze the change during the next scheduled Sprint Planning session to estimate and size (hours and Story Points) the new PBI and check against available sizing factor allowances. If the change applies to an already implemented PBI/Story, then any rework or impacts to other stories required will be added as another PBI/Story. •The Client Product Owner must make the decision concerning the change. There are two possible options: o Accept the change into the Product Backlog and decide which PBI/Story (or stories) are to be removed to offset the added size (hours, points, sizing factors) or o Reject the change. •Finally, the Client Product Owner will prioritize the new PBI/Story (if added) against the Product Backlog. Extraordinary Change Order Process – If a change exceeds the baseline Product Backlog size (as defined by Story Points and sizing factors) or otherwise impact the planned number of Sprints and Release date set for the project, then the Client Product Owner will: •Prepare a preliminary Project Change Order Form to identify the nature of the requested change. •The Gray Quarter Scrum Master/Project Manager will work with the team to perform an assessment/review to determine the full impact on the project, including cost and timeline impacts if applicable. •Escalate this assessment to the Client and Gray Quarter Stakeholders. Project Management Tools •JIRA – Gray Quarter will establish a JIRA instance for the project team to use as its virtual scrum board. Gray Quarter will load the Product Backlog into JIRA and the team will use the tool during Build Sprints to organize and track work. The Gray Quarter Scrum Master/Project Manager will use this tool to monitor project metrics such as Burndown and Velocity. •PowerPoint – Gray Quarter may summarize the information found in JIRA into two slides. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 327 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 42 of 63 •Project – Gray Quarter will mutually develop a project schedule using Microsoft Project. Project Governance Framework Project Governance occurs at multiple levels to maximize business value and mitigate risks for the project. •Project Level – Project-level governance is performed by the project management team, which consists of the Gray Quarter Scrum Master, Client Product Owner, and Client Project Manager. This team is empowered to make day-to-day decisions within the constraints of the project SOW. This team meets weekly to review project status, identify, and mitigate risks, resolve issues, and monitor action items. This team is responsible for escalating issues to the Program Level governance team where they cannot reach a resolution or otherwise avoid impacting the project scope, timeline, resources, or costs. •Stakeholder Level – Stakeholder level governance is performed by the Gray Quarter Executive, and Client Stakeholder. This team meets bi-weekly, handles issue escalations, supports risk mitigations, and makes decisions. This group is responsible for rapidly addressing blocking issues escalated from the Project Team. Implementation Methodology The team will adhere to an Agile scrum framework tailored for the Accela Civic Platform. The methodology is an adaptation of Agile methods to work within this project's unique constraints of price, scope, low-risk tolerance, and deployment of the new configurations into a live Production Accela environment. The Agile framework for this project consists of a series of four types of Sprints: 1.Foundation Analysis Sprint (Sprint Zero)—Upon project start, the team will begin with a Sprint Zero to create Product Backlog Items (PBI), also known as "User Stories". The source of Sprint Zero items can be a combination of Client requirements and/or best practices from other government Client configurations that are similar in nature. These items will comprise the Release Product Backlog. 2. "Build" Sprints – Following Sprint Zero, construction begins through a series of time-boxed build Sprints. The team uses the outputs from the Sprint Zero to inform the solution architecture, configure the solution foundation, and develop the technical components. Working software is delivered during the Sprints, with conversions, interfaces and reports all being developed and managed concurrently within the Sprint. Sprints are time-boxed to maintain the integrity of the delivery timeline. Within a Sprint, development proceeds according to the established priorities. The product developed in each Sprint is reviewed and validated by the Product Owner with support from Client SMEs, often through a facilitated walk through of each use case developed/configured in the system. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 328 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 43 of 63 3.Readiness (Production Release) Sprint –During the Readiness Sprint stage the team completes final end-to-end and regression tests and promotes the software to Production. Stabilization and Transition (Post-Production) Sprint – Following Production Go Live; the team will deliver post- Production support and system refinements through a series of Sprints. The first Sprint is the Stabilization Sprint where Gray Quarter prepares the Release for transition to the Client support team. System maintenance and refinement Sprints continue following the Stabilization period. Team Roles and Responsibilities General Gray Quarter Responsibilities •Development and Unit Test - Perform software configuration and development for the PBIs assigned to Gray Quarter staff in each build Sprint. •Defect Correction - Resolve Severity 1 and 2 defects (related to PBIs assigned to Gray Quarter staff) discovered during Sprint testing within the Sprint, or according to an alternate timeline mutually agreed with Product Owner. Severity 3 and 4 defects are treated as new PBIs and prioritized by the Product Owner according to the Change Control process defined above. •Backlog Grooming Support - Support the Product Owner in Product Backlog grooming activities by providing consultative support for defining Gray Quarter solution approaches, for up to 6 hours of Product Backlog grooming working sessions per Sprint. Any additional Product Backlog grooming tasks assigned to Gray Quarter resources (outside the allocated 6 hours per Sprint for consultation) will be treated as a new PBI and prioritized by the Product Owner according to the Change Control process described above. •Knowledge Transfer - Enable Accela product knowledge transfer to Client resources to support the delivery of tasks assigned to Client resources and enable ramp-up of the team skillset. This will be accomplished through up to 8 hours per Sprint of open office hours or knowledge transfer work sessions targeted toward completing specific Product Backlog tasks scheduled within the current Sprint. The 8 hours for Knowledge Transfer will be allocated and defined for each Sprint during Sprint Planning. Any additional knowledge transfer tasks assigned to Gray Quarter resources (outside the allocated 8 hours per Sprint for consultation) will be treated as a new PBI and prioritized by the Product Owner according to the Change Control process described above. •Scrum Master, Project Management, Project Oversight – Gray Quarter will assign a Scrum Master to the project to facilitate the scrum processes, such as Release and Sprint Planning, Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 329 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 44 of 63 Sprint reviews and retrospectives, and scrum meetings. In addition, the Gray Quarter Scrum Master/Project Manager will perform general project management tasks to monitor Gray Quarter resources' work, assignment of tasks, and other project management disciplines. Gray Quarter will also assign an Executive to provide oversight and act as the initial escalation point beyond the day-to-day project team. General Client Responsibilities •Development and Unit Test - Perform software configuration and development for the PBIs assigned to Client staff in each build Sprint. •Defect Correction – Approve the resolution of severity 1 and 2 defects (related to PBIs assigned to Client staff) discovered during Sprint testing within the Sprint, or according to an alternate timeline mutually agreed with the Client Product Owner. •Backlog Grooming – The Product Owner will lead continuous Product Backlog grooming and is responsible for delivering a Sprint Product Backlog that meets the Definition of Ready prior to the Sprint planning meeting. Client program area personnel and subject matter experts will perform Product Backlog grooming activities as the Product Owner directs. •Testing – Client resources will perform testing per the timeframes defined during Sprint Planning, this includes development and execution of regression test cases that incorporate PBI Acceptance Criteria as well as confirm adherence to the Definition of Done. Specific Team Roles •Client Product Owner – This is a Client business lead with the following responsibilities: o Initial development and prioritization of the Product Backlog during Sprint 0, o On-going revision and re-prioritization of the Product Backlog (grooming), o Identification of the prioritized Sprint Backlog prior to Sprint Planning, o Adherence to the "Definition of Ready" for the targeted Sprint Backlog before the Sprint Planning meeting, o Participation on behalf of Client in scrum planning and review meetings, o Direct Client testers to confirm completion of Sprint Backlog items, o Move completed items to "Done" on the scrum board before the Sprint Review, o Review and sign-off on all project deliverables. •Client Subject Matter Expert (SME) / Tester – This is a Client role with the following responsibilities: o Primary Client person supporting the Product Owner in creating/updating the Story/task details in the Product Backlog, o Provides detailed answers for business questions posed by Scrum Team members, o Develop, document, and execute the test cases, o Attends scrum meetings and is a member of the Scrum Team. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 330 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 45 of 63 •Client Project Manager – This is a Client role with the following responsibilities: o Provides project and budgetary oversight and status, o Provides backup for Gray Quarter Scrum Master/Project Manager, o Attends scrum meetings and holds the scrum standup meeting. •Gray Quarter Solution Architect(s), Script Specialist(s), Report Writer(s), Implementation Consultant(s), and Business Analyst(s): o Gray Quarter resources are available to provide Product Backlog grooming support to the Product Owner, o Define and validate Accela solution approaches and tasks during Sprint Planning and throughout the Sprint cycle, o Perform configuration tasks assigned to the Gray Quarter team during the build Sprints, o Attends scrum meetings and is a member of the Scrum Team. •Gray Quarter Scrum Master / Project Manager: o Facilitates the use of the scrum methodology, o Organizes and leads the scrum standup meeting, Sprint Planning, Sprint Review, and Sprint Retrospective, o Works with Client PM to remove Scrum Team roadblocks and escalate issues as needed, o Monitors team velocity and prepares weekly status reports, o Prepares mitigation plans for project risks and performs general project management discipline-related tasks. •Client Oversight Team – This a Client team that includes senior-level stakeholders (such as the project sponsor) and managers, and provides strategic support to help define business needs and achieve project outcomes Delivery Approach The project will be delivered through a series of Agile Sprints. The first Sprint (Sprint 0) is roughly 4 weeks in duration and is allocated exclusively to Product Backlog grooming and elaboration in preparation for the first build Sprint. Build Sprints are 4 weeks in duration. The final Sprints prior to the Release are allocated to Production readiness and "hardening", performing the final code promotion, data migration, and end-to-end testing before Production use. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 331 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 46 of 63 Sprint Zero and Product Backlog Elaboration The first Sprint for the project will consist of a Sprint 0 Product Backlog elaboration activity (Foundation Analysis). The purpose of Sprint 0 is for the Client Product Owner and the project team to create / elaborate the Product Backlog, assign Story Points, prioritize stories, and create the overall Release Plan. During the Foundation Analysis prior to finalization of the Release Plan, the team will compare the elaborated Product Backlog to the Scope as defined in this SOW to identify changes. If new or changed scope is identified during Foundation Analysis, the team will determine whether such items can be accommodated in the Release (through workshare or assignment of equivalent Product Backlog items to Client resources) or whether a Change Order (Please see Change Control section) is required to incorporate the new scope. In addition, during Sprint 0, the team must elaborate enough Product Backlog detail to meet the "definition of ready" for Sprint 1 Planning. The Product Owner will conduct subsequent Product Backlog elaboration continuously, throughout each Release, creating elaborating enough detail to drive the subsequent Sprints. The Product Owner is responsible for identifying and prioritizing product backlog targeted for the next Sprint and elaboration work required to confirm the Sprint Backlog meets the Definition of Ready prior to the Sprint Planning session. Sprint 0 Foundation Analysis To complete Sprint 0, Gray Quarter will facilitate working sessions and activities to further understand and define the regulatory functions for the Client and how these workflows and functions will be automated within the Accela Civic Platform. Integrations, imports, exports, conversions, and reports are identified in the Business Foundation Analysis from a functional perspective, in the context of the overall use cases/ User Stories. Separate analysis for integrations (including imports and exports), conversions, and reports will commence during this phase following the business analysis sessions. These activities will complete the more detailed technical analysis, which often requires different participants than those in the business analysis sessions. •For the conversion analysis, Gray Quarter staff will evaluate the data sources for all anticipated regulatory functions, •For each data source, Gray Quarter will work with the Client data owner to define the conceptual data mapping to Accela, identify high level business rules and data transformations required based on the conceptual data mapping, and define the delivery/extract format Client will use to provide the datasets to Accela during Implementation. In addition, the team will identify data quality and cleaning tasks. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 332 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 47 of 63 •Gray Quarter will identify and define conceptual solutions for reports, imports, and exports. Gray Quarter will incorporate these items into the Product Backlog by defining associated User Stories. Sprint 0 Foundation Analysis Acceptance Criteria The following is the acceptance criteria for the Sprint 0 deliverable: •The Release Plan and Product Backlog accurately capture the inputs provided by Client staff during the business and technical analysis working sessions. •The Product Backlog and related artifacts contain sufficient detail to enable the team to understand the requirements and provide accurate build estimates. All items do not require full elaboration, as additional elaboration is expected to occur during later activities. The Product Owner has assigned a priority for each Product Backlog item. •Each Product Backlog item is assigned Story Points for purposes of understanding the relative effort to develop each item. Definition of Ready The criteria listed below define what the team considers readiness of Product Backlog items for scheduling into a Sprint during Sprint Planning: •Story/PBI contains actors, problem, and value, •Story should fit in a Sprint, •Story is appropriately documented and ready for building. Supporting material for a Story will be attached to the appropriate "cards" in JIRA, •Business value should be obvious, if not, it should be explicitly stated, •Story contains verifiable, explicit acceptance criteria, •Test case for the Story is written, •Story focuses on business goals, not solutions. During Sprint 0 and ongoing Product Backlog elaboration and grooming, the Product Owner (with support from the Scrum Team) performs the following activities: •Prioritizes each PBI using the JIRA Priority field (Low, Medium, High, Critical), •Defines and prioritizes new Product Backlog items (see Change Control section above for process), •Identifies changes needed to existing Product Backlog items (see Change Control section above for process), •Continuously monitors relative priorities against the Release Plan (i.e., which PBIs are targeted for each Sprint) and applies changes to the Release Plan (in collaboration with the Gray Quarter Scrum Master/Project Manager), Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 333 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 48 of 63 •Identifies PBIs for the next Sprint and elaborates sufficient details and tasks to confirm the Sprint Backlog meets the Definition of Ready prior to the Sprint Planning meeting, •Directs the Scrum Team in the creation of test cases. Build Sprints Build Sprints shall begin after the completion of Sprint Zero. The Product Owner in collaboration with the Gray Quarter Scrum Master/Project Manager and Scrum Team shall select sufficient work from the current Product Backlog for Sprint 1. Based on this selected work, the team will develop an initial Sprint Backlog, and enter the build Sprint phase of the Release. Build Sprints continue until the Release Backlog is complete and ready for the Release Readiness or "hardening" Sprints. Prior to the actual configuration or development occurring in a Sprint, the team performs Sprint Planning to review the Product Backlog items assigned to the Sprint, identify additional details surrounding each item and establish the tangible tasks to be completed by the team. The Scrum Team establishes the Sprint Backlog based on Product Owner priorities and by an assessment of the team's capacity during the Sprint and performance (delivery velocity) from previous Sprints. During Sprint Planning, the team commits to deliver a distinct set of User Stories/Product Backlog items. Items not completed during the time-boxed Sprint (as per the jointly defined Definition of Done and Acceptance Criteria) remain on the Product Backlog for scheduling in a future Sprint. Once the Sprint begins, the Sprint Backlog cannot be changed without invoking the Change Control Process. The Product Owner can add new requirements such as changes to a User Story or changes/additions to Acceptance Criteria, to the Product Backlog, but not to the Product Backlog items scheduled for completion within the Sprint currently underway. If the new Product Backlog items cause the Product Backlog to exceed the total initial Product Backlog size, equivalent items can be deprioritized (moved off the Product Backlog) or a Change Order (Please see Change Control section) processed to incorporate additional build Sprints into the project. Throughout a Sprint cycle, standup meetings will be scheduled with the implementation team to discuss what team members accomplished the previous day, plan to accomplish that day, and discuss any issues or roadblocks. At the end of Sprint, final meetings will occur as a review and retrospective to discuss the completed Sprint and determine what could be changed that might make the next Sprint more productive. During Product Backlog refinement (or grooming), the Product Owner can change the Product Backlog (add, change, remove items) as long as the total effort (hours estimate or Story Points) does not exceed the initially planned Product Backlog size. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 334 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 49 of 63 The following outlines each of these key build Sprint elements: o The Product Owner communicates the scope of work for the Sprint, reviewing "ready" Product Backlog items to be done. o The team assesses the work and negotiates with the Product Owner on which PBIs can be completed in the Sprint. o The entire team prepares the Sprint Backlog by detailing the work (i.e., tasks) needed to finish the selected Product Backlog items. This includes: ▪Breakdown of the item into individual tasks, ▪Estimate of the time required to complete each task, ▪An allocation of the tasks within the development team. o All team members must come prepared. o The meetings should occur at the same time and place every day. o The meetings should be limited (i.e., timeboxed) to fifteen minutes. o Each team member answers the following questions: ▪What did I do yesterday that helped meet the Sprint goal? ▪What will I do today to help meet the Sprint goal? ▪Do I see any impediments that prevent me or the team from meeting the Sprint goal? o Any impediment (stumbling block, risk or issue) identified in the scrum meeting should be captured by the Gray Quarter Scrum Master/Project Manager and an agreed person designated to working toward a resolution (outside of the scrum meeting). No detailed discussions should happen during the scrum. o The scrum enables the Gray Quarter Scrum Master/Project Manager to track a Sprint burndown chart that measures the current estimate of outstanding work required to complete each task in the Sprint Backlog against the total available time remaining in the current Sprint. If there is a discrepancy, the development team and the Gray Quarter Scrum Master/Project Manager must propose a corrective action plan to the Product Owner. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 335 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 50 of 63 5. Sprint Review– the team presents the completed work to the Product Owner during the Sprint review meeting held at the end of a Sprint. The meeting is recommended to be no more than two hours in duration. The following key objective should be met: o The team reviews the work that was completed in the Sprint duration. For items that have passed functional testing, the Product Owner assigns a completed status ("done"). o The team also reviews planned work that was not completed. The Product Owner determines (outside of the Sprint review meeting) how to re-prioritize any incomplete work for future Sprints. 6. Sprint Retrospective Meeting – the Sprint retrospective meeting is also held at the end of the Sprint and is facilitated by the Gray Quarter Scrum Master/Project Manager. The purpose of this meeting is to foster continuous improvement within the team. This meeting should also be no more than two hours in duration. The following questions should be asked to the entire team: o What went well during the Sprint cycle? o What went wrong during the Sprint cycle? o What could we do differently to improve? As part of the Release Planning and Product Backlog grooming, the Product Backlog will be logically sequenced to address dependencies between technical components (conversion, interfaces, and reports). For example, the team will complete the base configuration of the license types during initial Sprints (e.g., Sprints 1, 2 and 3). In subsequent Sprints, the team will build the next logical layers such as automations, conversions, interfaces, and reports. The following list provides key considerations. •Solution Foundation – Early build Sprints will focus on configuring the base solution, or foundation. This base configuration solidifies the record types, data fields, and workflows for a given license process. It serves as the basis for automations, reports, and interfaces. •Automations – Automations are built against the base configuration. In some cases, the automation tasks related to a User Story may be scheduled for a later Sprint to enable the base configuration to be finalized prior to writing automation code. •Reports and Interfaces– Reports and interfaces are also built against the base configuration and are scheduled for Sprints after the foundation is done. A given Sprint may include one or more of the following: configuration, business automation, report analysis, etc. The goal is to deliver increments of working product functionality within each Sprint. If a Product Backlog item/ User Story cannot be accomplished within a Sprint, the team must break it down to units of work achievable within a Sprint. In some cases, this may not be practical, for example an entire life cycle of an interface being built within the duration of a single Sprint. In these cases, the team will either break the work down into distinct increments or each Sprint may have pieces of the conversion and interface activities, such as Data Mapping occurring in an early Sprint, conversion development occurring in the next Sprint, and a test conversion run in a later Sprint. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 336 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 51 of 63 Software Release to Production Once the Product Backlog items targeted for a Release are complete, the Scrum Team will enter the Production Release Sprints to complete Release testing, and code promotion to Production. During this project stage, final Release testing (often referred to as "hardening") is the goal of testing activities. This effort is focused on confirming that the product increments delivered in each Sprint interoperate as designed and that no new regression errors were introduced. Release Sprints ready the results of the completed build Sprints, enabling the promotion of a new set of configurations into Production Release, encompassing the following activities: •Code and configuration promoted to the final staging environment, •Release hardening and regression tests, •Code promotion to Production, •Production Release and smoke test. Release testing cycles are managed in Sprints similarly to how they are managed in a waterfall methodology. Once within the Release testing Sprint, the team will perform end-to-end hardening test for the new configurations and regression tests where applicable against previously released functionality. The Product Owner is responsible for prioritizing the team's work on go-live critical defects to complete the project stage within the allocated Sprint(s) (time box). Conformance with the Release Definition of Done (which includes no Severity 1 or 2 defects open) constitutes the acceptance criteria for a Release. Defects are deviations from the Acceptance Criteria defined for the Product Backlog item. During the Release Sprint, Severity 1 or 2 defects will be prioritized. Out-of-scope issues will be closed or deferred to a future Release or Post-Production Support Backlog. Following Production Go Live, Gray Quarter and Client will complete a Post-Production Stabilization Sprint (12 weeks) to address post- Production defects and transition the Release to the Client support team. Assumptions •To meet the overall timelines of the project, the Client and Gray Quarter will adhere to the mutually agreed schedule and agree that time is of the essence. For schedule changes or elaboration during Sprint Planning, Gray Quarter and Client determine task deadlines to be documented in the project schedule and/or assigned during Sprint Planning for each Sprint. Unless otherwise defined, Gray Quarter expects a single review cycle (i.e., submit, review, cure, Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 337 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 52 of 63 accept) will be achievable for deliverables and PBI approvals. The second review will focus on defects and comments raised during the first review. •Sprint Execution – The Client and Gray Quarter will be responsible for maintaining the quality of the Sprint execution. This includes but is not limited to the duration, scope, task completion, feedback, participation, and Product Backlog grooming required for Sprint readiness. Any impact by any party to the Sprint may require a Project Change Order (Please see Change Control section) to address the need for more resources (i.e., time) to complete the remaining Sprints and project activities. Once the Sprints have been set, any changes to the Sprint’s scope could result in the need for a Project Change Order (Please see Change Control section) to account for the additional Sprints needed. •Testing Execution – The Client will be responsible for the build-out and completion of the testing scripts used to validate system functionality against requirements in scope. Case identification and disposition (training, new requirement, or defect) must be agreed upon at the end of each day by the Client Product Owner and Gray Quarter Scrum Master/Project Manager. This will allow for the proper execution of priority work items for the team to resolve to successfully close out the Sprint. •Travel is anticipated in the performance of this SOW. The Client will be billed for travel expenses. •No sales tax or use table shall be included in or added to the prices of material on this order. •The Client and Gray Quarter will review their responsibilities before work begins to ensure that the Services can be satisfactorily completed in the appropriate timeframe. •Gray Quarter is not responsible for impacts to the timeline caused by a dependency on a third party that is solely caused by the Client. Payment Terms Gray Quarter will perform the Services on a Time-and-Material basis. The total price to perform the Services and provide the Deliverables described herein is $2,100,336 at $168 per hour for a total of 12,502 hours exclusive of taxes and expenses (the "Time-and-Material"). The Time-and-Material price is based on the information available at the time of signing and the assumptions, dependencies and constraints, and roles and responsibilities of the Parties, as stated in this SOW. Invoices will be sent monthly based on hours worked. The Period of Performance (PoP) is projected to be twenty four (24) months from project kickoff to go live. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 338 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 53 of 63 Expenses Travel is anticipated for this project and Gray Quarter has allocated up to $40,000 for travel expenses. The City will approve any onsites from Gray Quarter prior to any finalizing of an onsite meeting. If additional travel is required beyond the travel budget, the client and Gray Quarter will mutually agree to the increased amount. The actual amounts of any reasonable and customary travel expenses incurred during the performance of the Services will be billed to Client. Gray Quarter will bill Client for actual expenses incurred for travel and lodging/living, as well as other approved out-of-pocket expenses (such as mileage, parking, tolls and telecommunications charges, etc.). City can reimburse per City’s reimbursement policy. Expense receipts will be made available as requested by Client. High Level Overview of the DPR implementation The Digital Plan Room (DPR) implementation will follow the Release Plan referenced on page 19 of the SOW. The DPR implementation phase activities are outlined below but will follow the SOW’s referenced 24 sprints and 4 iterative releases. Implementation Phase Activities: 1. Project kick-off and initiation (Project startup phase listed within the SOW): •Establish a communication and project tracking plan. •Deliver the Project kick-off presentation and meeting. 2. Digital Plan Room Cloud Provisioning (Sprint 0: Foundation Phase listed within the SOW): •Verify that all Accela Civic Platform prerequisites are in place. •Cloud Provisioning of the Digital Plan Room components into Client’s nonprod1 environment. •Cloud Provisioning of the Digital Plan Room database. •Discuss nonprod2 and PROD environments. 3. Digital Plan Room Configuration Analysis (Sprint 1 listed within the SOW): Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 339 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 54 of 63 •Define the configuration for each record type to be enabled in the plan room. •Gather all document types needed for upload and mapping to the plan room. •Gather Digital Signature validation requirements. •Gather review package checklist requirements. •Plan Accela workflow integration configuration points. •Design final approved documentation business logic. •Determine Accela user group to Digital Plan Room role mappings. •Determine Digital Plan Room disciplines to workflow task configuration. •Gather stamp and watermark requirements. 4. Digital Plan Room Configuration (Sprint 2-23 listed within the SOW): •Configure Accela Civic Platform standard choices as defined during Configuration Analysis. •Configure Digital Plan Room business rules utilizing the DPR Accela SDK. •Implement custom EMSE scripting as determined during Configuration Analysis. •Develop stamps and watermarks as determined during Configuration Analysis. Training, User Acceptance 1. User Acceptance Testing (UAT) will follow the SOW referenced on page 19. 2. Historical Plan Review Conversion: •Migration of documents from in-flight plan review and historically approved projects from legacy electronic plan review platform into the Digital Plan Room. •Migration of textual comments for historical plan reviews. 3. Administrative and technical training will follow table 6, referenced in the SOW. 4. Staff Training will follow table 6, referenced in the SOW. 5. Agency Client Enablement: •Produce contextually relevant public-facing training and help web-based videos for licensed professionals, contractors, owners, and the public submitting plans. •Produce public-facing User Guide for licensed professionals, contractors, owners, and the public submitting plans. •Conduct web-based Agency Customer training sessions. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 340 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 55 of 63 ePermitHub Digital Plan Room Project Plan Details The following section(s) describes the specific activities and tasks that will be executed to meet the Client's business objectives and requirements. In support of the implementation effort described below and within the SOW, Gray Quarter will provide the below-detailed implementation services. For each deliverable, a description is further defined below. Digital Plan Room Provisioning During the cloud provisioning step, the Gray Quarter team will review the Digital Plan Room cloud provisioning requirements with the Client’s technical team, including infrastructure and software prerequisites. Once the prerequisites are confirmed to be in place in the Client’s SUPP environment, the Digital Plan Room software components will be provisioned by the Gray Quarter and verified to work properly. Documentation on the software setup architecture specific to the Client will be provided to the Client’s technical team for reference. Gray Quarter Responsibilities: •Providing timely and appropriate responses to Client’s requests for information. •Consulting with Client resources to provide technical input and answer technical questions related to the requirements for the Digital Plan Room. •Gray Quarter will provision up to two [2] sandbox environments. Client Responsibilities: •Providing timely and appropriate responses to Gray Quarter’s requests for information. •Providing Gray Quarter with Admin contact information to setup Client’s Admin account. Digital Plan Room Configuration Analysis During the Foundation phase and Sprints comprises of the activities required to define the appropriate configuration of the Digital Plan Room and its integration points with the Accela Civic Platform, specifically to reflect the Client’s plan review business processes. During this task, the Gray Quarter team, with input from the Client, will identify any details as it pertains to plan submittal, review, and approval and provide appropriate configuration specifications for the following items: •Determine configuration for each Plan Review record type, •Determine all needed document types, •Determine document upload configuration, •Determine Digital Signatures validation configuration, •Determine Accela workflow integration configuration points, •Determine final approved set cloning business logic, Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 341 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 56 of 63 •Determine Accela to Digital Plan Room user role mappings, •Determine Digital Plan Room discipline configuration, •Determine required Approval Stamps. Gray Quarter Responsibilities: •Providing timely and appropriate responses to Client’s request for information. •Interviewing staff to understand existing business processes. •Conducting meetings via email, web conference, and phone to gather and validate analysis input. Client Responsibilities: •Providing timely and appropriate responses to Gray Quarter’s requests for information. •Making available the appropriate Client key users and content experts to provide the required information, participate in the configuration analysis, and verify the accuracy of the documented workflows, input/output formats, and data elements. •Providing any existing business process documentation, including process flows; fee schedules; commonly used applications, reports, and forms; and other relevant information. •Scheduling participants and meeting locations for analysis activities. Digital Plan Room Configuration Gray Quarter will configure the Digital Plan Room and make any modification to the Accela Civic Platform configuration by the requirements and determinations made and agreed upon between Gray Quarter and the Client. The following high-level tasks will be performed: •Configure Accela Civic Platform standard choices for the Digital Plan Room as defined in the previous Deliverable, •Configure new Accela document types and associated business rules, •Configure Digital Signature validation, •Configure Digital Plan Room EMSE library and required scripts, •Implement custom EMSE scripting as determined during Configuration Analysis, •Design, create and configure Approval Stamps as determined during Configuration. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 342 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 57 of 63 •Providing timely and appropriate responses to Client’s request for information. •Providing timely and appropriate responses to Gray Quarter’s requests for information. •Making available the appropriate Client key users and content experts to participate in creating the system to learn about the system (knowledge transfer). •Working with Gray Quarter to verify that the system meets the requirements captured in the foundation phase. User Acceptance Testing (UAT) •Providing recommendations on testing strategy and best practices. •Providing timely and appropriate responses to the Gray Quarter’s request for information. •Making available the appropriate Client key users and content experts to participate in UAT as defined and managed by Client. •Utilizing the use cases documented in each Configuration Document Deliverable as the basis for the acceptance of this Deliverable. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 343 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 58 of 63 Administrative and Technical Training The Gray Quarter will provide training to Client staff focusing on the administrative and technical setup and the Digital Plan Room administration and configuration. The goal is to educate Client staff in all aspects of the Digital Plan Room solution and ensure the staff is self-sufficient before Go-Live. The Gray Quarter will provide remote training sessions that span 4 hours. Client staff is responsible for selecting qualified users for the training, who are critical to project success. The following topics will be covered as part of the training session: •Accela workflow integration, •Plans and Documents upload, •Digital Plan Room roles and mapping to Accela roles, •Digital Plan Room Standard Choices, •Digital Signatures validation, •Approval Stamps creation and deployment. The Gray Quarter will provide Client staff with appropriate documentation for the topics covered in the training session. Gray Quarter Responsibilities: •Coordinate with the Client to define training schedule and logistics. •Deliver training per the specific requirements listed above and within the SOW. Client Responsibilities: •Select and prepare the power-users who participate in the training and subsequently training end-users. •Arrange the time and qualified people for the training who are critical to the project’s success. •Provide suitable Client facilities to accommodate various training classes. •Ensure that users are proficient in using PCs in a Windows environment as a prerequisite for the course. •Ensure that users are familiar with the use of standard Internet browsers as a prerequisite for the course. •Ensure that the users install prerequisite software prior to training. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 344 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 59 of 63 End User Training Gray Quarter will complete all the necessary training to run electronic plan review operations across applicable departments. Training materials and required training sessions will be created and conducted. Gray Quarter will provide the following onsite or remote training sessions to the Client End Users (Users with non-administrative roles) referenced on page 19 of the SOW. It is recommended that each training session be recorded for reference. The course curriculum is as follows: ePermitHub Digital Plan Room embedded into Accela Citizen Access •Plan submittal from the Client perspective. o Understanding the process, a Client will follow to submit an application and submit plans and supporting documents. o Review the types of file validation & digital signature validation occurring during submittal and how to interpret any errors. o Walkthrough file processing and reviewing the automated sheet numbering. •Resubmittal process from the Client perspective o Reviewing & answering issues from a rejected plan set o Completing the resubmittal of plan addressing the answered issues. ePermitHub Digital Plan Room embedded into Accela Civic Platform Back Office •Plan submittal from a staff perspective when done in- house. •High-level review of Plan Reviewer activities o Learn at a high-level the steps a plan reviewer will perform and how they affect what the Client will see in Accela Citizen Access Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 345 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 60 of 63 ePermitHub Digital Plan Room embedded into Accela Civic Platform Back Office •Accela workflow and the digital plan room o Learn how the digital platform interacts with the Accela workflow •Completing a plan review o Navigating the digital plan room o Overview of the viewer and available tools o Creating issues & markup o Reviewing issues and filtering tools o Sheet versioning o Comparison tools o Stamping •Rejecting plans & requesting revisions •Resubmittals & approving plans. •Create print set •Overview of Intake Staff usage of the digital plan room o Plan submittal from a staff perspective when done in-house ePermitHub Digital Plan Room embedded into Accela Citizen Access •Overview of Client usage of digital plan room o Plan submittals and file validation & processing. o Reviewing and answering issues contextually from the plan markup Gray Quarter Responsibilities: •Coordinating with the Client to define training schedule and logistics. •Providing End User Training as described above. •Providing training material in a format easily modifiable by the Client. Client Responsibilities: •Selecting and preparing the power-users who will be participating in the training and subsequently training end-users. •Arranging the time and qualified people for the training who are critical to the project’s success. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 346 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 61 of 63 •Providing suitable Client onsite facilities to accommodate various training classes. •Providing printed training resources developed by Gray Quarter for Client staff. •Ensuring that users are proficient in using PCs in a Windows environment as a prerequisite for the course. •Ensuring that users are familiar with the use of standard Internet browsers as a prerequisite for the course. Agency Customer Enablement In this context, the “Agency” (i.e., city, county, state, etc.) is the Gray Quarter’s Client, and the “Agency Customer” is the Agency’s Customers, such as the licensed professionals, owners and general public leveraging the ePermitHub Digital Plan Room embedded in Accela Citizen Access to: •Submit their initial electronic plans and supporting documents, •Respond to Issues related to their plans created by Agency Plan Reviewers, •Resubmit corrected plan sheets (aka, digital slip sheets), •Access and print approved job copies of their plans. During Agency Customer Enablement, Gray Quarter provides web-based training sessions, produces contextually relevant public-facing web-based training videos, and produces a User Guide for Agency’s Customers on how to use the ePermitHub Digital Plan Room embedded in Accela Civic Access. Client publishes videos and User Guide to a dedicated Digital Plan Room information page at Client’s website. Gray Quarter Responsibilities: •Provide three [3] web-based Agency Client training sessions of one [1] hours each covering the following topics: o Plan Submittal, o File Validation Overview, o Response to Agency Correction comments, o Plan Re-submittal. •Produce the following five (5) public-facing videos: o Uploading Plans & Supporting Documents, o Finalizing & Submitting Review Packages, o Accessing Review Issues & Conditions, o Submitting Revised Plans, Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 347 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 62 of 63 o Downloading Approved Plans. •Produce User Guide in editable format. Client Responsibilities: •Creating a dedicated public-facing information web page for related Digital Plan Room videos and User Guide, •Adding Client branding at the beginning and end of each video. •Adding Client branding to User Guide. •Adding Digital Plan Room videos and User Guide to Client’s Digital Plan Room information web page. •Coordination of the external Client webinar scheduling, registration and launching of the training. Project Assumptions 1. Gray Quarter assumes the Client will have the proper resources to implement the Digital Plan Room software. 2. Gray Quarter assumes all Professional Services costs and work have been identified in the SOW. Any additional cost or work required for this project will be identified and requested through a Change Request process. 3. Gray Quarter assumes the Client has identified a dedicated Accela user-account to be used for communication between the ePermitHub and Accela software. 4. Gray Quarter assumes the Client will provide the appropriate staff to be trained on the software during the training periods outlined in the Project timeline. 6. Gray Quarter assumes it will provide recommendations to the Client for plan review related record types regarding record and workflow statuses most appropriate for the Digital Plan Room software. 7. Gray Quarter assumes all standard choices required to integrate the software into the Client’s Accela configuration and software will be configured by Gray Quarter. 8. Gray Quarter assumes the Client will collaborate with Gray Quarter on delivery of scripts required for the Digital Plan Room. 9. Gray Quarter assumes the Client’s Accela Configuration Environment and Production Environments are in sync. 10. Gray Quarter assumes Client will verify that all Accela Civic Platform prerequisites are in place. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 348 5 7 7 7 August 28, 2024 – Gray Quarter, Inc.Page 63 of 63 13. Training Execution parameters are as follows: a. At the beginning of the project, the Client selects and prepares the power-users who will be participating in the training and subsequently training end-users. Any switch in Client internal resources may require the need for a project change request to account for missing time. b. In the event of onsite training, Client provides suitable onsite facilities and equipment, such as access to network-connected training computers and monitors, to accommodate various training classes. d. In the event of offsite training, Client ensures all remote class attendees have access to suitable equipment, such as access to internet-connected training computers and monitors, to accommodate various training classes. e. Gray Quarter provides training resources in digital format developed by Gray Quarter for Client staff being trained. f. Ensure that users are proficient in using PCs in a Windows environment as a prerequisite for the course. g. Ensure that users are familiar with the use of standard Internet browsers as a prerequisite for the course. 14. Schedule and delivery are contingent on availability and access to Client staff. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 349 Attachment 1 to the Professional Services Agreement between the City of San Bernardino and Gray Quarter, Inc. ARPA CONTRACT TERMS AND EXHIBIT 1.1 Federal Provisions. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: 1.1.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); 1.1.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; 1.1.3 Treasury Compliance and Reporting Guidance for the Act; 1.1.4 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; 1.1.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and 1.1.6 Federal contract provisions attached hereto as Exhibit “1 to Attachment 1” and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 350 EXHIBIT "1 to Attachment 1" FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “1 to Attachment 1”. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: (i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 351 (v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 352 Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 353 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) – Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 354 above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 355 (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement: (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 356 (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 357 (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General; (3) The Government Accountability Office; (4) A Treasury employee responsible for contract or grant oversight or management; Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 358 (5) An authorized official of the Department of Justice or other law enforcement agency; (6) A court or grand jury; or (7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 359 (v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 360 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Eric Levitt, City Manager City Manager's Office It is recommended the Mayor and City Council of the City of San Bernardino, California, receive and file the Strategic Goals and Priorities Update The below is a quarterly update. We will continue to attempt to improve our reporting of the strategic goals and priorities in the next quarterly update. On June 8, 2026, the Mayor and City Council discussed the implementation of the City’s overall Goals and Priorities identified at the Mayor and City Council Strategic Planning Session and provided direction. On December 17, 2025, the Mayor and City Council participated in a Strategic Planning Workshop to establish the City's goals, priorities, and strategic direction. Following the workshop, the City Manager’s Office developed proposed objectives aligned with the Council’s identified priorities. Staff is now seeking City Council review and direction on the proposed implementation action items. During the Strategic Planning Workshop, the Mayor and City Council engaged in robust discussions to help develop goals and priorities. As a result of these discussions, four Strategic Goals were identified to provide leadership, direction, and focus for the City of San Bernardino’s continued success. The City Manager’s Office developed a series of proposed action items that align with Packet Page. 361 and support the implementation of the identified goals and priorities. A Special Meeting was held on June 8, 2026, during which the Mayor and City Council reviewed, discussed, and formalized the City’s established goals and priorities. Since that time, staff has been working to implement these goals and priorities by aligning organizational resources and efforts with the City Council’s strategic direction. In addition, the Mayor and City Council directed staff to provide quarterly updates on progress toward implementing the established goals and priorities. Discussion Strategic planning is an important component of effective governance, providing a framework to establish organizational priorities, strengthen operational practices, guide program implementation, and support informed decision-making. Recognizing that the development of a comprehensive Strategic Plan is a more extensive process that can take a year or longer to complete, the City established strategic goals and priorities as an interim step to provide near-term direction and maintain organizational focus. In June 2026, the Mayor and City Council received a report outlining the City’s strategic goals and priorities, including recommended next steps and implementation strategies intended to strengthen City operations, enhance community services, improve transparency and accountability, and support long-term fiscal and economic vitality. This report serves as the first quarterly follow-up and provides an update on the progress made. The attached update summarizes actions completed or underway and/or additional implementation efforts planned. GOAL 1: Fiscal Sustainability Conduct a comprehensive fiscal sustainability analysis •Develop a 3 to 5 year Fiscal Sustainability Plan, including potential revenue opportunities for Council consideration. Status: On target. Staff continues to explore and evaluate opportunities to generate additional revenue, diversify the City’s revenue sources, and strengthen long-term fiscal sustainability. It is anticipated a Fiscal Sustainability Plan will be presented to the Mayor and Council for consideration by March 2027. Revenue •A review of comparable cities indicates that property and sales taxes typically account for more than 70–80% of total General Fund revenues. In comparison, these revenue sources would represent approximately 59% of the City of San Bernardino’s revenues. •Identify, evaluate, and develop alternative revenue opportunities, and Packet Page. 362 present recommendations and implementation options to the City Council by March 2027. Status: As an initial step in this effort, the Industrial and Logistics Revenue and Economic Opportunity Feasibility Study is being presented to the Mayor and City Council for consideration. The study is intended to evaluate potential revenue and economic opportunities associated with the industrial and logistics sector and provide information to assist the City Council in considering potential future strategies. Staff will continue to identify and evaluate additional revenue opportunities and bring forward options for City Council consideration. Initiate a Citywide Fee Study •Evaluate existing fee schedules and cost recovery models, both positive and negative impacts and present a proposed updated fee schedule for Council consideration prior to the 2027-2028 Budget process. Status: On target for 2027-2028 Budget process. Forensic Audit Review •Obtain a forensic auditor to provide an informational presentation to the City Council. Status: On target. To be presented to Council by December 2026. GOAL 2: Become an Organization of Excellence Organizational assessment •Conduct a comprehensive organizational assessment to evaluate the City’s structure, staffing, operational effectiveness, and capacity to meet current and future service demands. •Organizational assessments are typically performed by an independent consulting firm. The results provide the City Manager with recommendations and flexibility to make organizational adjustments and align resources as City Council priorities and initiatives evolve. •Hire outside firm to perform organizational assessment. ▪Staffing structure ▪Operational efficiency ▪Service delivery effectiveness Packet Page. 363 Status: The City’s Classification and Compensation Study is nearing completion and will provide important information regarding classifications, compensation, and the City’s overall staffing framework. Following completion of the study, staff anticipates initiating a comprehensive organizational assessment to evaluate the City’s organizational structure, staffing levels, operational efficiency, and effectiveness of service delivery. The organizational assessment will build upon the findings of the Classification and Compensation Study and assist the City Manager in identifying opportunities to align staffing and resources with the City Council’s strategic priorities, operational needs, and future service demands. Public Relations and Strategic Plan •Initiate a long-term Strategic Plan and authorize Request for Proposals for hiring an outside firm. •Develop and implement a communications strategy designed to enhance the City’s image. Status: Staff is preparing a Request for Proposals for an outside firm to assist with the development and implementation of a communications strategy. GOAL 3: Improved Quality of Life Housing and Homelessness •Continue coordinating homelessness and housing strategies with regional partners. •Complete the Navigation Center by January 1, 2027. •Implement Street Medicine. •Continue proactive efforts to address encampments and provide resources. •Provide a housing update by January 2027. Status: Housing and homelessness remain ongoing City priorities. Staff have made significant progress in advancing strategies, policies, and regulatory measures to address homelessness, improve neighborhood conditions, and strengthen housing-related efforts. Key actions completed or advanced include: 1.Homeless Individual Drop-Off Notification: Adoption of an ordinance establishing notification requirements related to the drop-off of individuals experiencing homelessness within the City. 2.Vacant and Abandoned Properties: Adoption of an ordinance requiring owners of vacant or abandoned properties to register with the City and comply with established property maintenance requirements. Packet Page. 364 3.Camping on Public Streets and in Parks: Amendment of Chapter 12.98 of the San Bernardino Municipal Code related to camping on public streets and in City parks. 4.Housing and Homelessness Update: The Housing Division provided the Mayor and City Council with an update regarding the City’s ongoing efforts, initiatives, and strategies to address homelessness. Staff will continue to implement these measures, evaluate their effectiveness, and identify additional opportunities to address housing and homelessness as part of the City’s broader strategic priorities. Community Engagement and Neighborhood Vitality •Maintain culturally relevant events and neighborhood programming. •Develop and implement a coordinated beautification and anti-blight initiative. •Evaluate current Code Enforcement operations and present an updated implementation plan. •Provide semi-annual Capital Improvement Project updates to the Mayor and City Council. Status: Staff continues to advance initiatives that strengthen community engagement, enhance neighborhood vitality, and improve the overall quality of life throughout the City. Progress includes maintaining culturally relevant community events, advancing beautification efforts, and evaluating Code Enforcement operations to improve effectiveness and responsiveness. Staff also continues to advance and monitor Capital Improvement Projects throughout the City, with regular updates planned to be provided to the Mayor and City Council regarding project status and implementation. These efforts remain ongoing. GOAL 4: Economic Development & Growth Permitting and Development Services •Modernize and streamline permitting processes through implementation of new software systems. •Achieve full implementation by January 2027. •Complete and adopt the General Plan by January 2027. •Establish and provide clear, concise, and user-friendly processes for license and permits. •Create a business attraction and retention program. Packet Page. 365 Status: Efforts are underway to modernize and improve the City’s permitting and development processes, including implementation of technology and process improvements designed to provide greater efficiency, consistency, and transparency for applicants through the ERP implementation. Staff is also on target and continuing work toward completion and adoption of the General Plan. These efforts are intended to create a more predictable and efficient development environment. Staff is working on ways to improve customer service, and position the City to better attract and retain investment and economic opportunities. . Fiscal Impact Fiscal impact will vary depending on project. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Strategic Goals and Priorities Quarterly Update. Attachments Attachment 1- Strategic Planning Workshop Report (December 2025) Ward: All Wards Synopsis of Previous Council Actions: June 8, 2026 The Mayor and City Council reviewed and discussed the City’s overall goals and priorities and provided further direction. December 17, 2025 The Mayor and City Council held a Planning Workshop to help guide and develop strategic Goals and Objectives. Packet Page. 366 Strategic PlanningWorkshop D e c e m b e r 1 7 t h 2 0 2 5 City of Follow-up Report San Bernardino San Bernardino Packet Page. 367 On December 17, 2025, the members of the City Council of San Bernardino and the City Manager’s Team convened for an offsite Strategic Planning Workshop. All City Council members attended, except for Council Member Ibarra, who was excused. The gathering also included the City Manager, City Attorney, and City Clerk. The workshop aimed to give the City Council a platform to explore and refine their visions for the city’s future, engage in collaborative discussions regarding communication among Council Members, review their roles and responsibilities in decision-making, and establish new strategic goals. Marie Knight, Owner of Knight Leadership Solutions, facilitated the retreat. This report summarizes many discussions and activities from the workshop, providing a roadmap that outlines the City Council's strategic priorities and aspirations for the community The Agenda for the Day: Morning Discussions: Foundational • What is the Purpose of the Workshop? • Roles, Responsibilities, and Lanes • Mutual Purpose/Common Ground/Decision Making • Accomplishments and Achievements • Personal Core Values • City Council Pre-workshop Interview Summary Potential • Vision for the future • Future Challenges and Opportunities Afternoon Discussion: Directional • Previous 2020-2025 Strategic Goal Review • Set New 3- year goals • Discuss/Brainstorm Potential SMART Goal Objectives • Next steps IntroductionIntroduction SB S t r ate gi c Pl a n n i n g 2 Packet Page. 368 Prouds: S B St r a te gi c P lan n i n g 3 Crime is down Mt. Vernon Bridge Software modernization Commercial development corridors The “Love Your Block” grant Passing a balanced budget New City Manager * New City Clerk * Park improvements The approval of several affordable housing projects Relationships with partners - the County, School Districts, etc. New Pavement plan means our streets are all getting paved * *Mul tiple shared sentiments The City Council discussed Accomplishments and Achievements in the past year: Group Discussions My Vision for today is: Overall big-picture plan and goals A list of priorities Success in becoming a better team To develop and curate a vision with specific priorities, collaboratively, as a Council body, aimed at truly changing the trajectory of the city To work closer with my colleagues to understand them more, and understand how our vision can be put into place Getting a better understanding of City Council and create 2-year goals that staff can follow-up with on and create specific work strategies Painting a collective picture of what the City can look like in the next 3-5 years Big picture plans and goals Packet Page. 369 S B S t rat e g i c P l a n n i ng 4 I Bring to the group: Support, institutional knowledge and memory, optimism, different perspective, a reflective discomfort, dreams, and a readiness A readiness to listen Institutional memory Experience in Life, Business, and City governance for the City of San Bernardino An optimism, readiness to put in what’s needed to realize change, and a head filled with dreams for the city that raised me A different and younger perspective Accountability, transparency, uncomfortable reflection Trying to bring the vision through the organization, also bringing problem solving skills and (hopefully) desired outcomes I Need from the group: Participation, support, respect Ideas on solving the many challenges facing the city To understand our roles, stay in our lanes, and work as a team Open-mindedness and the spirit of collaboration An effort to understand without judgement, open-mindedness, and respect for different opinions Step up for the community, do the right thing, and follow through Vision and goal setting, clear direction, and collaboration Utilizing all of our collective experience Group Discussions continued Packet Page. 370 SB S t r ate g i c Pl a n n i n g 5 5 years from now what do you want the headline to be for the City of San Bernardino? Headlines for the Future San Bernardino gets a one hundred million dollar grant to revamp their Downtown area. San Bernardino is booming! They have a thriving downtown and are leading innovation in _________. San Bernardino is back on track! En route to becoming an All-American city! Re-imagination of Carousel Mall was successful this past year and San Bernardino is a leader in the region for economic development and creating housing. Eric Levitt has been reappointed as the City Manager for the 5 year! th San Bernardino breaks ground on Downtown and Carousel Mall rebuilds. San Bernardino strikes deal with ____ (MLB or NFL) to bring their team in! Challenges/Opportunities On The Horizon CITY COUNCIL: City Hall is not currently a one-stop-shop for all services we offer Deferred infrastructure and facility maintenance Homelessness City revenue and budget Asset management Community bonding opportunities Changing the culture at City Hall Planning for the future CITY MANAGER: Land utilization (both vacant and not) as a part of economic development Packet Page. 371 Setting New Strategic Goals: Recap The City Council reviewed the previous Strategic Goals that were established in 2020: • Financial Stability • Focused, Aligned Leadership and Unified Community • Improved Quality of Life • Economic Growth and Development During their discussion, the Council considered whether these goals and their corresponding objectives remained relevant, were completed, required refinement, or if anything was missing. It was highlighted that there were currently no metrics available to measure the progress of these objectives, making it challenging to assess their relevance or completion status. Before exploring potential new strategic goals, the facilitator reviewed responses from the City Council gathered in the Pre-Workshop Interviews concerning their top priorities for the Community in the coming years. These priorities generally fell into the following categories: Infrastructure & Services Economic Development Streamlining permitting processes Public Safety Homelessness & Blight Equity & Quality of Life Community Engagement & Communication Leadership & Consistency The City Council felt that a few of the previous goals needed some refinement to reflect the current needs of the Community and the Organization, and to provide greater clarity in outcomes that were desired from the goals. The following are the new 3-Year Strategic Goals set by the City Council: New 2026-2029 Strategic Goals • Fiscal Sustainability • Become an Organization of Excellence • Improved Quality of Life • Economic Growth and Development Previous strategic goals: SB St r a te gi c Pl a n n i n g 6 Packet Page. 372 GOAL 1: FISCAL SUSTAINABILITY Potential Pillar: Identify Additional Revenue Streams Revenue Streams Tracking Reserves Review Investment Portfolio Property Taxes /fire District Tax Revenue Options (ie) CDPs, EIFDs, community facilities district, special finance districts Potential Pillar: Internal Fiscal Health Review Auditing Services (spending wisely) *Fee study (2020) Citywide Forensic Audit Preview Class & Comp Study S B S t ra t eg i c P l a n n ing 7 Setting Potential Strategic Goal Objectives The City Council participated in an exercise aimed at pinpointing actionable items that could drive success for each of the new three-year Strategic Goals. The City Manager and his Executive Team will utilize this feedback to formulate a list of SMART (Specif ic, Measurable, Achievable, Relevant, and Time-Based) Objectives for each goal area. These will be presented to the City Council at an upcoming meeting for their review and approval. The objectives developed by the staff will be feasible for completion within the next three years, considering the organization's current resources and capacities, workload, or with additional resources that may need to be allocated. The Council recommended that while staff is drafting the Potential Objectives, they should take into account “Pillars” under each Goal Area to more clearly delineate the major areas of work required. Brainstorming Potential Strategic Goal Objectives: Packet Page. 373 SB S t r ate g i c Pl a n n i n g 8 Setting Potential Strategic Goal Objectives GOAL 3: IMPROVED QUALITY OF LIFE Potential Pillar: Increase Community Engagement Increase culturally relevant city events (Festival; Mt Vernon Bridge w classic cars) and strategize the placement of events. PR Campaigns (Love Your Block), on multiple Mediums - Printed and social media *meet where they are at Potential Pillar: Focus on Public Safety Increase housing and decrease homelessness Create Enhanced Park Programs for underserved populations (ie: teens etc.) Focus on Walkability Potential Pillar: Community Beautification Focus on Public Safety and Beautification Clean Parks (address trash and illegal dumping *Burrtec), better lighting, paved streets. Increase Code Enforcement efforts and address slum lords. Develop a plan to address blight (building vacancies) GOAL 2: BECOME AN ORGANIZATION OF EXCELLENCE Potential Pillar: Leadership Development Create a Succession Plan for Management and Leadership positions. Create plans for coaching and staff development, and build the capacities of current leaders, fostering strong and stable Leadership Potential Pillar: Creating a Healthy Organization focused on a positive culture and environment. Create Policy Manuals and Guidelines prioritizing: planning and development, permits and processes, human resources, and smart city innovations. Assess current staffing to ensure it reflects Council’s priorities Create Organizational Values Provide customer service training to raise the bar and create consistant standards. Focus on "Smart" practices vs "Best" practices Packet Page. 374 SB S t rat e g i c Pl a n n i n g 9 Setting Potential Strategic Goal Objectives GOAL 4: ECONOMIC GROWTH AND DEVELOPMENT Potential Pillar: Business and Asset Development Focus on redevelopment of business corridors (ie) Baseline Mt. Vernon, 40 . Highland, Waterman, etc. th Focus on Downtown redevelopments Leveraging assets and city-owned properties as well as private assets 3 space walkability that attracts and serves the students in the cityrd Review permitting system - improve & expedite Potential Pillar: Leveraging Community Partnerships and Opportunities. Increase inter-agency partnerships (ie) Chamber of Commerce, School Districts, County... Work-force development Job creation opportunities Explore High-tech opportunities with universities and medical/health institutions Explore creation of internships, apprenticeships, and externships - youth-focused Big Ideas Here are some ideas you wanted to capture, and/or circle back to in the future: The City Council has committed to ensuring that all new proposed agenda items are directly aligned with the new Strategic Goals and Objectives established during the Workshop. Regular updates and progress reports will be required by the City Council, along with data and tracking metrics for all f inalized Strategic Goal Objectives. The City Council proposed a review of the current procedures for setting both the Council Meeting Agenda and adding future agenda items, asking the City Manager to present potential options for revising and improving these processes. It was recommended that all outstanding additional agenda items be evaluated for their relevance to the new 3-Year Strategic Goals and Objectives. The City Council aims to provide dashboards and metrics to our constituents, showcasing the progress of our goals and objectives that are currently being implemented. Packet Page. 375 S B S tr a t eg i c P l a n n ing 1 0 01 02 03 Next Steps... City Manager and Executive Team Review: The City Manager and Executive Team will evaluate the City Council’s new Strategic Goals, along with insights on potential Objectives and Pillars. They will then formulate actionable SMART Objectives that can be implemented within the next 1 to 3 years for each Goal. Some Draft Objectives may be introduced in a phased manner, while others might necessitate the allocation of additional resources. These Draft Objectives will clarify: **WHO** will take the lead **WHAT** the intended outcomes are **WHEN** the action is expected to be completed, presented to the City Council, or approved by the City Manager The City Manager will present the Draft Objectives to the City Council at a future meeting for input and final adoption, as well as an agreed upon process for progress reports and updates to the City Council. . Once the Strategic Plan is adopted by the City Council, the City Manager and Executive Team will work within the organization to create the necessary staff work plans to ove the needle forard towards completion of the Objectives. We thank you for engaging us to facilitate your path forward to continued success. 04 The Team will begin to work the plan and the City Manager will provide regular progress reports to the City Council. Packet Page. 376 3 6 9 9 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Eric Levitt, City Manager City Manager's Office It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Atkinson, Andelson, Loya, Ruud, and Romo, subject to review and approval by the City Attorney's Office, in an amount not to exceed $300,000 for legal services. The City Manager recommends approval. Atkinson, Andelson, Loya, Ruud, and Romo (AALRR) is a full-service law firm that specializes in employment and labor law. The Professional Services Agreement with AALRR) will provide the City with qualified outside legal counsel to address litigation involving these matters, which protects the City’s interests and avoids unnecessary liability. The City routinely utilizes qualified outside counsel to address litigation against the City. Atkinson, Andelson, Loya, Ruud & Romo (AALRR) is a full-service law firm with an emphasis in employment and labor law, and they have represented the City in multiple cases over the past decade. The City has been named as a defendant in a civil action filed in San Bernardino County Superior Court and now requires outside counsel to defend its interests in this matter, which is essential and avoids unnecessary liability. The Agreement with AALRR will allow the firm to defend the City in the filed lawsuit. Packet Page. 377 3 6 9 9 The not-to-exceed amount of $300,000 would provide representation through both trial and any post-trial motions; however, appeals are not included and would require a separate written agreement. The Firm does expect that the total cost for services will exceed $300,000 and they will only invoice the City for costs that are actually incurred. Strategic Goals and Priorities Approval of the agreement aligns with Key Target No. 1e: Improved Operational & Financial Capacity – Minimize Risk and Litigation Exposure. Continued legal representation protects the City’s interest and avoids unnecessary liability. Fiscal Impact The fiscal impact is $300,000. The Fiscal Year 2026-27 Operating Budget has sufficient funds to accommodate this Agreement. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Atkinson, Andelson, Loya, Ruud, and Romo, subject to review and approval by the City Attorney's Office, in an amount not to exceed $300,000 for legal services. Attachments N/A Ward: All Wards Synopsis of Previous Council Actions: N/A CC Packet Page. 378 3 6 5 2 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Eric Levitt, City Manager Mary Lanier, Interim Director of Community Development & Housing Community Development & Housing It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC – 1670 approving General Plan Amendment 25- 02, which changes the General Plan Land Use designation from Commercial to Multi- Family Residential and Development Code Amendment (Zoning Map Amendment) 25- 07, which changes the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amends the San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments, pursuant to a Mitigated Negative Declaration. Adoption of General Plan Amendment 25-02 changes the General Plan Land Use designation from Commercial to Multi-Family Residential and adoption of Development Code Amendment 25-07 (Zoning Map Amendment), changes the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amends the San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments. The first reading for Ordinance No. MC – 1670 was introduced to the Mayor and City Council at the September 16, 2026 hearing. Packet Page. 379 3 6 5 2 Background On July 22, 2026 the City of San Bernardino Development and Environmental Review Committee (DERC) made the motion to move the aforementioned project to the City of San Bernardino Planning Commission for consideration. On August 11, 2026, the Planning Commission unanimously made the motion to recommend the project to the San Bernardino Mayor and City Council via Resolution 2026-024. On September 16, 2026, the Mayor and City Council adopted Resolution 2026-153 adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving Subdivision 25-03 (TTM20526) to allow the subdivision of the 5.82 acre project site into sixty-eight (68) single-family Planned Residential Development (PRD) lots, and Development Permit Type-P 25-07 to allow the development, establishment, and architectural review of sixty eight (68) two-story detached PRD dwellings; and introduced Ordinance No. MC – 1670 approving General Plan Amendment 25-02, which changes the General Plan Land Use designation from Commercial to Multi-Family Residential and Development Code Amendment 25-07 (Zoning Map Amendment), which changes the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, - 22, -24, and -26; and amends City of San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments. Discussion On September 16, 2026, the Mayor and City Council introduced Ordinance No. MC - 1670 and on October 7, 2026 approved Ordinance No. MC – 1670 changing the General Plan Land Use designation from Commercial to Multi-Family Residential and Development Code Amendment (Zoning Map Amendment) 25-07, changing the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amending the City of San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments, pursuant to a Mitigated Negative Declaration (Attachment 1, Exhibit A and B). Pursuant to Section 19.74.040 Council Action on Amendments, amendments to the Zoning Map shall be adopted by ordinance and therefore become effective thirty (30) days after the second reading. 2021-2025 Strategic Targets and Goals General Plan Amendment 25-02 and Development Code Amendment 25-07 (Zoning Map Amendment)aligns with Key Target No. 3: Improve Quality of Life. The sixty-eight (68) detached single family homes will help the City meet its State mandated housing requirements, will be consistent with the surrounding residential land uses, and provides for a market rate housing stock Packet Page. 380 3 6 5 2 Fiscal Impact There is no negative Fiscal impact associated with the project. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC – 1670 approving General Plan Amendment 25- 02, which changes the General Plan Land Use designation from Commercial to Multi- Family Residential and Development Code Amendment (Zoning Map Amendment) 25- 07, which changes the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amends the San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments, pursuant to a Mitigated Negative Declaration. Attachments Attachment 1 Ordinance No. MC – 1670 (Approving GPA 25-02 and DCA 25-07) Attachment 2 Ordinance No. MC – 1670 (Approving GPA 25-02 and DCA 25-07) – Exhibit A-Amendment to Development Code Notations Attachment 3 Ordinance No. MC – 1670 (Approving GPA 25-02 and DCA 25-07) – Exhibit B-Zoning Map Amendment Ward: Second Ward; All Wards Synopsis of Previous Council Actions: September 16, 2026 Mayor and City Council introduced Ordinance No. MC – 1670 Packet Page. 381 ORDINANCE NO. MC-1670 1 ORDINANCE NO. MC-1670 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 25-02 CHANGING THE GENERAL PLAN LAND USE DESIGNATION FROM COMMERCIAL TO MULTI- FAMILY RESIDENTIAL AND DEVELOPMENT CODE AMENDMENT 25-07 (ZONING MAP AMENDMENT) CHANGING THE ZONING DESIGNATION FROM COMMERCIAL OFFICE (CO) TO RESIDENTIAL MEDIUM (RM) FOR ASSESSOR PARCEL NUMBERS 0148-303-21, -22, -24, AND -26; AND AMEND THE SAN BERNARDINO DEVELOPMENT CODE TO ALLOW PLANNED RESIDENTIAL DEVELOPMENTS (PRD) TO ESTABLISH PROJECT-SPECIFIC DEVELOPMENT STANDARDS, INCLUDING SETBACKS BETWEEN STRUCTURES, AND SITE COVERAGE STANDARDS IN LIEU OF FIXED NUMERICAL DEVELOPMENT STANDARDS WITHIN PLANNED RESIDENTIAL DEVELOPMENTS PURSUANT TO A MITIGATED NEGATIVE DECLARATION. WHEREAS, the City of San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, General Plan Amendment 25-02 and Development Code Amendment 25-07 (Zoning Map Amendment) constitute a portion of the Little Mountain Planned Residential Development Project ("Project"); and WHEREAS, General Plan Amendment 25-02 is a request to amend the General Plan Land Use designation from Commercial to Multi-Family Residential pursuant to Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and WHEREAS, Development Code Amendment 25-07 (Zoning Map Amendment) changes the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amends the San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, Section 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, Section 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and Packet Page. 382 ORDINANCE NO. MC-1670 2 WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, on July 22, 2026, pursuant to Section 19.44.030 (Project Review) of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and forwarded General Plan Amendment 25-02 and Development Code Amendment 25-07 (Zoning Map Amendment) to the Planning Commission for consideration; and WHEREAS, on August 11, 2026 the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and staff’s report. At the public hearing there was no opposition to the Project and after the public comment session, the Planning Commission deliberated and a motion was made by Commissioner Carlone, seconded by Commissioner Quiel, to approve staff’s recommendation to forward an approval recommendation of the Project, to the Mayor and City Council. The motion was approved unanimously per Resolution 2026-024; and WHEREAS, notice of the September 16, 2026 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on September 5, 2026, and was mailed to the owners and tenants of property located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, at the public hearing conducted by the Mayor and City Council, no additional information submitted to the City Council has produced substantial new information requiring substantial revisions that would trigger recirculation of the Addendum or additional environmental review under State CEQA Guidelines Section 15088.5; and WHEREAS, at the public hearing conducted by the Mayor and City Council on September 16, 2026 there was no opposition to the Project; and WHEREAS, pursuant to the requirements of Chapters 19.42 (Development Code Amendments) and 19.50 (General Plan Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on General Plan Amendment 25-02 and Development Code Amendment 25-07 (Zoning Map Amendment). THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Compliance with the California Environmental Quality Act. The City Council having independently reviewed and analyzed the record before it, including the adopted Packet Page. 383 ORDINANCE NO. MC-1670 3 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment. SECTION 3. Findings of Fact – General Plan Amendment 25-02 Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: The proposed amendment will change the General Plan Land Use Designation from Commercial to Multiple-Family Residential for the entirety project site containing approximately 5.82 acres. The Multiple- Family Residential General Plan Land Use Designation is intended to provide for the residential uses to meet the housing demand of current and future residents. The proposed amendment will allow for the development and establishment of a Planned Unit Development comprised of one hundred sixty-eight (68) detached single-family dwellings, which is consistent with the existing single-family residential developments within the project area. Therefore, the proposed project is consistent with the following General Plan goals and policies: General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element. General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development. General Plan Community Design Element Goal 5.4: Ensure individual projects are well designed and maintained. Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to change the General Plan Land Use Designation of the entirety of the project site from Commercial to Multiple-Family Residential will facilitate the development and establishment of a Planned Unit Development comprised of one sixty-eight (68) detached single-family dwellings consistent with the existing surrounding single-family residential developments. The project site is generally flat, with access from N. Miramonte Drive and N. Little Mountain Road, can be fully served by utility providers, and will not result in the need for the excessive provision Packet Page. 384 ORDINANCE NO. MC-1670 4 of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Draft Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program. Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact: The proposed amendment would result in the entirety of the project site having the Multiple-Family Residential General Plan Land Use Designation, which will allow for the development and establishment of a Planned Unit Development comprised of sixty-eight (68) detached single- family dwellings. The subject property is located adjacent to an existing single-family residential neighborhood. Therefore, the proposed change from Commercial to Multiple-Family Residential for the project site would allow the proposed project to be harmonious to existing residential uses, thereby providing for an appropriate balance of land uses within the City. Finding No. 4: The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. Finding of Fact: The project site is currently comprised of four (4) parcels that is proposed to be subdivided into one sixty-eight (68) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Development. There are no physical constraints on the site, such as steep slopes or watercourses. SECTION 4. Findings of Fact Development Code Amendment 25-07: Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: The proposed amendment will rezone the site from Commercial Office (CO) to Residential Medium (RM) for four (4) vacant parcels totaling approximately 5.82 acres; and amend the standard in Chapter 19.04 (Residential) for Planned Residential Development, (Section N: 2 and 5) to allow Planned Residential Developments (PRDs) to establish project- specific setbacks, including between structures, and site coverage in lieu of fixed numerical standards (Exhibit C); a PRD may establish alternative setbacks, including between structures, subject to approval of the review authority. All setbacks and separations shall comply with applicable standards of the California Building Standards Commission and the County Fire Code, as determined by the City of San Bernardino Building Official and County Fire Department, and shall be sufficient to ensure emergency access, and life safety. With the approval of DCA 25-07 (ZMA) the density of the project would conform to the Residential Medium (RM) standards. Packet Page. 385 ORDINANCE NO. MC-1670 5 Therefore, the proposed project is consistent with the following General Plan goals and policies: General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element. General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development. General Plan Community Design Element Goal 5.4: Ensure individual projects are well designed and maintained. Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed amendment will not harm the public interest, health, safety, or welfare of the City. Rezoning the site from Commercial Office (CO) to Residential Medium (RM) will enable a Planned Unit Development allocating units to our RHNA numbers and available housing stock. Updating the City of San Bernardino Development Code to allow Planned Residential Developments (PRDs) to use project-specific setbacks and site coverage—rather than fixed standards—aligns with industry practices and supports increased density. Safety will be ensured through case-by-case review by the Fire Department and Building and Safety, with measures such as fire-rated walls and interface plans. Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact: The proposed amendment would result in the entirety of the project site having the Residential Medium (RM) Zoning District Classification to allow for the development and establishment of a Planned Unit Development comprised of sixty-eight (68) detached single-family residences. The subject property is located adjacent to an existing single- family residential neighborhood. Therefore, the proposed change from Commercial Office (CO) to Residential Medium (RM) for the project site would allow the proposed project to be harmonious to existing residential uses, thereby providing for an appropriate balance of land uses within the City. Packet Page. 386 ORDINANCE NO. MC-1670 6 Finding No. 4: The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development. Finding of Fact: The project site is currently comprised of four (4) parcels that is proposed to be subdivided into one sixty-eight (68) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Development. Utilities are available directly from Little Mountain drive. There are no physical constraints on the site, such as steep slopes or watercourses. SECTION 5. General Plan Amendment 25-02 a request to amend the General Plan Land Use designation from Commercial to Multi-Family Residential pursuant to Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Development Code Amendment 25-07 (Zoning Map Amendment) changing the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amends the San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments, attached hereto and incorporated herein by reference as Exhibit A and Exhibit B, is hereby approved. SECTION 6. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California. SECTION 7. Notice of Determination: The Planning Division of the Community and Development and Housing Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 8. Severability: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 9. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Packet Page. 387 ORDINANCE NO. MC-1670 7 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of October 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Albert Maldonado, City Attorney Packet Page. 388 ORDINANCE NO. MC-1670 8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1670, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of September 2026. Ordinance No. MC-1670 was approve passed and adopted at a regular meeting held the 7th day of October, 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this 8th day of October 2026. Telicia Lopez, CMC, City Clerk Packet Page. 389 EXHIBIT A Chapter 19.04 (Residential) for Planned Residential Development, Section N: 2 and 5 shall be modified as follows: The minimum lot size for a detached single-family unit in a Small Lot Subdivision shall be 5,000 square feet. PRDs may create lot sizes to accommodate the creation of attached single-family dwelling units or Clustered Subdivisions. The minimum front, rear, and side structural setback from the project perimeter boundary shall be 15 feet. The minimum dwelling unit side structural setback from other dwelling unit structures is 15 feet plus one foot for each 15 feet of structure length. In small lot subdivisions the minimum side setback is five feet with a 15-foot minimum dwelling unit separation. Notwithstanding this section, a PRD may establish alternative setbacks, including between structures, as well as minimum lot size, subject to approval of the review authority. All setbacks and separations shall comply with applicable standards of the California Building Standards Commission and the City Fire Code, as determined by the Building Official and Fire Department, and shall be sufficient to ensure emergency access, life safety, and implementation of any mitigation measures adopted pursuant to the California Environmental Quality Act. Packet Page. 390 CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA 25-02, DCA 25-07 Zoning Map Amendment HEARING DATE: October 7, 2026 Exhibit B Zoning Map Amendment NORTH PROJECT SITE Packet Page. 391 3 6 2 0 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Cassandra Searcy Community Development & Housing It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Keyser Marston Associates Inc., to extend the term of agreement to March 31, 2027 and increase the total compensation amount by $50,000, bringing the total not to exceed compensation amount to $150,000. 2. Authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Keyser Marston Associates Inc. The City Manager recommends approval. The City currently utilizes Keyser Marston Associates, Inc. (KMA) to provide financial advisory and real estate consulting services in support of the City’s affordable housing activities. KMA assists the City with evaluating affordable housing projects, analyzing financing structures and project feasibility, and determining appropriate levels of City financial participation. Staff recommends approval of Amendment No. 1 to the Professional Services Agreement with KMA to extend the agreement for an additional six months through Packet Page. 392 3 6 2 0 March 31, 2027, and increase the total not-to-exceed compensation amount by $50,000, from $100,000.00 to $150,000.00. The six-month extension will provide continuity of financial advisory services while the City completes a competitive procurement process for longer-term affordable housing financial and real estate consulting services. During the extension period, staff intends to release a Request for Proposals (RFP) to evaluate qualified firms and select a consultant for services beyond March 31, 2027. Background In December 2023, the City released a Request for Proposals (RFP) for affordable housing, real estate development advisory, and Community Housing Development consulting services, for which Keyser Marston Associates, Inc. (KMA) was the sole respondent. The City evaluated available alternatives and determined that, while other firms provide similar services, KMA offered a strong combination of technical expertise, institutional knowledge, and service continuity. KMA’s longstanding familiarity with the City’s development history and housing and homelessness initiatives further positioned the firm to support the City’s ongoing affordable housing activities effectively. On October 1, 2025, the City entered a one-year Professional one-year Professional Services Agreement with Keyser Marston Associates Inc. (KMA) for Affordable Housing Transactions Services, totaling $100,000, to support the Housing and Homeless Division in analyzing viable affordable housing projects by performing Pro forma analysis of new development project and, multi-family affordable housing projects funded with, but not limited to, HOME, Neighborhood Stabilization Program, Mortgage Revenue Bonds, Mental Health Services Act Funds, Low-Income Housing Tax Credits, and New Market Tax Credits. Discussion The City of San Bernardino (City) is an entitlement jurisdiction that annually receives federal and state housing and community development funding, including Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), HOME Investment Partnerships Program – American Rescue Plan (HOME-ARP), Permanent Local Housing Allocation (PLHA), Low- and Moderate-Income Housing Asset Funds (Low-Mod), and other funding administered by the U.S. Department of Housing and Urban Development (HUD) and the California Department of Housing and Community Development (HCD). These resources support the development and preservation of affordable housing, suitable living environments, and expanded economic opportunities for low- and moderate-income residents. To support the effective use of funding and advance the City’s affordable housing activities, the City entered into a Professional Services Agreement with Keyser Marston Associates, Inc. (KMA) on October 1, 2025. Under the Agreement, KMA provides affordable housing and real estate consulting services, including pro forma analysis of multifamily affordable housing projects, recommendations regarding the appropriate level of City financial participation, analysis of financing structures and project risks, transactional financial advisory services, and assistance in structuring financing to Packet Page. 393 3 6 2 0 leverage City funding sources. KMA also assists staff with evaluating development proposals and provides other housing finance and real estate consulting services, as requested. These activities are consistent with the Scope of Services in the Master Agreement. The existing Professional Services Agreement with KMA has a total not-to-exceed amount of $100,000.00.The City utilized a sole-source procurement process for the original agreement based on KMA’s specialized expertise, institutional knowledge, and familiarity with the City’s affordable housing and community development programs. As the City continues to advance multiple affordable housing projects and evaluate the use of federal, state, and local housing resources, continued financial advisory support. Amendment No. 1 will provide an additional six months of services through March 31, 2027, and increase the total not-to-exceed compensation by $50,000.00, from $100,000.00 to $150,000.00, so that the city may execute a competitive procurement process for services beyond March 31,2027. Strategic Goals and Priorities The request for the approval of Amendment No.1 to the Professional Services Agreement with Keyser Marston Associates Inc. aligns with Strategic Target No. 3: Improved Quality of Life, by reducing the burden of homelessness and advancing the City’s commitment to collaborative solutions and housing stability. Fiscal Impact Amendment No. 1 will result in an additional cost of $50,000.00, increasing the total not-to-exceed compensation to $150,000.00, funded as follows: General Fund: $10,000.00 HOME Investment Partnerships Program (HOME): $22,500.00 Low and Moderate-Income Housing Asset (Low-Mod): $17,500.00 Total Amendment No. 1 increase amount: $50,000.00 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Keyser Marston Associates Inc., to extend the term of agreement to March 31, 2027 and increasing the total compensation by $50,000, bringing the total not to exceed compensation amount to $150,000. 2. Authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Keyser Marston Associates Inc. Packet Page. 394 3 6 2 0 Attachments 1. KMA Professional Services Agreement (2025 - 2026) 2. KMA Professional Services Agreement (2025 – 2026) Amendment No.1 Ward: All Wards Synopsis of Previous Council Actions: CC Eric Levitt, City Manager Packet Page. 395 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KEYSER MARSTON ASSOCIATES, INC. This Agreement is made and entered into as of October 1, 2025, 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 Keyser Marston Associates, Inc. a California Corporation (“Consultant”) with its principal place of business at 1299 4th Street, Suite 408, San Rafael, CA 94901 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Affordable Housing Transactions Services for the Community and Economic Development Department (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. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 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.” 3.Professional Practices. All professional 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. a.Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 396 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $100,000, including any extension. 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. 6. Term. The term of this Agreement shall commence on October 1, 2025, and shall expire twelve (12) months thereafter unless the term is extended or terminated earlier pursuant to the provisions of this Agreement (“Term”). City shall have one (1) option to extend the Term, for a period of twelve (12) months, commencing on the first day following the expiration of the Term. In order to exercise the option, City must give written notice to Consultant of such exercise no later than thirty (30) days before the expiration of the Term. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be 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. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 397 3 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. 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 professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession 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 Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 398 4 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. 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 Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 399 5 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. 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). Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 400 6 (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. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Intentionally Omitted Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 401 7 At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. 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 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 Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 402 8 (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: (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. Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 403 9 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 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 Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 404 10 of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited 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. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 405 11 of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (30) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein and accrued during the Term of this Agreement, including any option year(s). Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 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 Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 406 12 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 Tim Bretz 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: Cassandra Searcy Homelessness With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 CONSULTANT: Keyser Marston Associates, Inc. 777 South Figueroa Street #2555 Los Angeles, CA 90017 Attention: Tim Bretz, Senior Principal With Copy to: Keyser Marston Associates, Inc. 1299 4th Street, Suite 408 San Rafael, CA 94901 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 shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 407 13 supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 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 Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 408 14 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. Electronic Signature. 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] Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 409 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KEYSER MARSTON ASSOCIATES, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Eric Levitt City Manager ATTESTED BY: Telicia Lopez City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney 15 CONSULTANT KEYSER MARSTON ASSOCIATES, INC. � '!\ v-'t:>2.&tb- Name Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 410 16 EXHIBIT A Scope of Services a. Pro forma analysis of multi-family affordable housing projects funded with but not limited to HOME, Low-Mod Funds, Neighborhood Stabilization Program, Public Local Housing Allocation (PLHA), Mortgage Revenue Bonds, Mental Health Services Act Funds Low-Income Housing Tax Credits and New Market Tax Credits. b. Pro forma analysis of new development projects. c. Access to market data on construction, developer fees, financing carrying costs, lease-up costs as a percentage of the overall project, resident services programs, and any other factors in which regional data is available to ensure that the City- funded developments are competitive. d. Recommendations on the level of City financial participation in affordable housing developments. e. Assist the City in administering a New Market Tax Credit program, analyzing/advising on the structure of New Market Tax Credit transaction for affordable housing projects, infrastructure, public facilities, and targeted business investment. f. Transactional financial advisory services for the implementation of developer proposals as requested. g. Other housing finance and real estate consulting services, as requested. h. Assist with cost and risk analysis of various financing structures and strategies. i. Advice on financing structure and transaction timing. j. Advise staff in evaluating and comparing responses to RFPs for potential development of affordable housing projects. k. Written selection of project recommendations. l. Evaluation criteria, process, and form/documentation. m. Attending City public meetings if requested. n. Assistance in structuring financing for affordable housing projects, including rentals and mixed-use development, which will best leverage the sources of City funding. Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 411 17 o. Advise, assist, and train City staff in analyzing and processing reconveyances p. Prepare SB 341 Reports for Fiscal Years 2014/15 through 2024/25 and other related compliance documentation to comply with SB 341. q. Advise and assist with preparing reuse analysis and other documentation as necessary for compliance with California Health and Safety Code Section 33433 requirements [Remainder of Page Intentionally left blank] Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 412 18 Schedule of Charges and Payments PUBLIC SECTOR HOURLY RATES ______________________________________________ 2025/2026 CHAIRMAN, PRESIDENT, MANAGING PRINCIPALS* $305.00 SENIOR PRINCIPALS* $295.00 PRINCIPALS* $275.00 MANAGERS* $245.00 SENIOR ASSOCIATES $205.00 ASSOCIATES $185.00 SENIOR ANALYSTS $170.00 ANALYSTS $145.00 TECHNICAL STAFF $105.00 ADMINISTRATIVE STAFF $90.00 Directly related job expenses not included in the above rates are: auto mileage, parking, airfares, hotels and motels, meals, car rentals, taxis, telephone calls, delivery, electronic data processing, graphics, and printing. Directly related job expenses will be subject to a 10% markup. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony. Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 413 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH KEYSER MARSTON ASSOCIATES, INC. This Amendment No. 1 to the Professional Services Agreement is made and entered into as of October 7, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Keyser Marston Associates, Inc., a California corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS A. WHEREAS, the City and Consultant entered into that certain Professional Services Agreement, dated October 1, 2025 (the “Master Agreement”), pursuant to which Consultant agreed to provide affordable housing transaction services to the City’s Community Development and Housing Department; B. WHEREAS, the Master Agreement provided for an initial term of twelve (12) months, with one (1) option for the City to extend the term for an additional twelve (12) months upon written notice to Consultant no later than thirty (30) days before expiration of the initial term; C. WHEREAS, the City provided Consultant with timely written notice of their desire to extend the Master Agreement for an additional six (6) months; D. WHEREAS, the Parties desire to amend the Master Agreement to extend its term through March 31, 2027, and to increase the maximum compensation payable under the Master Agreement by Fifty Thousand Dollars ($50,000.00), from One Hundred Thousand Dollars ($100,000.00) to One Hundred Fifty Thousand Dollars ($150,000.00); and NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Term. The term of the Master Agreement shall be extended through March 31, 2027, unless earlier terminated in accordance with the Master Agreement. 3. Compensation. The Master Agreement is amended to increase the compensation amount by Fifty Thousand Dollars ($50,000.00), thus bringing the total not- to-exceed amount from One Hundred Thousand Dollars ($100,000.00) to One Hundred Fifty Thousand Dollars ($150,000.00). In no event shall the total amount paid to Consultant under the Master Agreement, as amended, exceed One Hundred Fifty Thousand Dollars ($150,000.00). 4. Full Force. Except as amended by this Amendment No. 1, all provisions of Packet Page. 414 the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1. 5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature. 6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] Packet Page. 415 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH KEYSER MARSTON ASSOCIATES, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Eric Levitt City Manager APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT KEYSER MARSTON ASSOCIATES, INC. Signature Kathleen Head Name President Title Email: khead@keysermarston.com Packet Page. 416 3 6 3 9 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Cassandra Searcy, Housing & Homelessness Division Manager; Andrea Russell, Director of Human Resources Community Development & Housing It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the addition of two (2) grant-funded full-time equivalent (FTE) Homeless Outreach Specialist positions to the Community Development & Housing Department, funded through Permanent Local Housing Allocation (PLHA) funds through April 30, 2031. The City Manager recommends approval. The positions would be funded through 2031. Establishing two new full-time Homeless Outreach Specialist positions within the Community Development & Housing Department will enhance the City’s ability to transition services currently performed by two part-time, CDBG-CV-funded employees to two full-time, PHLA-funded Homeless Outreach Specialist positions to assist individuals experiencing homelessness. Both positions will be fully grant-funded for the duration of the Permanent Housing Local Allocation (PHLA) grant through April 30, 2031. The City of San Bernardino was previously awarded Motel Voucher Program funds under the American Rescue Plan Act (ARPA), Community Development Block Grant – Coronavirus (CDBG-CV), and Permanent Housing Local Allocation Program grants to assist individuals experiencing homelessness in transitioning from encampments into emergency shelter, utilizing motel vouchers and, while at the motel, receiving Packet Page. 417 3 6 3 9 supportive services to create a pathway toward permanent housing or other housing options. The Housing and Homeless Services Division, following allowable activities, is currently providing case management activities to individuals temporarily housed at the city's contracted motels and providing support services and connecting unhoused individuals to larger systems of care and long-term shelter and housing options. The proposed amendments would transition services currently provided by two part-time, CDBG-CV-funded employees to two full-time, PHLA-funded Homeless Outreach Specialist positions. The City has received approval to use Permanent Local Housing Allocation (PLHA) funds to support case management and outreach services for individuals experiencing homelessness, including those temporarily sheltered through the City's motel program. The funding will allow the City to establish two full-time Homeless Outreach Specialist positions. Currently, two part-time employees provide these services using CDBG-CV funding, which is scheduled to end on October 22, 2026. The PLHA funding will provide continuity of these services and support the two full-time positions through April 30, 2031. Discussion The Human Resources Department seeks to add two (2) full-time positions to the Community Development and Housing and Homeless Services Department. These positions (2 Homeless Outreach Specialists) will be 100% grant-funded and are necessary to continue providing case management services under the City’s PHLA funds. Personnel Costs: Currently, the two Homeless Outreach Specialist positions are funded through CDBG-CV on a part-time basis. Pursuant to PHLA, these positions are anticipated to continue beyond the sunset of CDBG-CV funding and transition to full- time positions to maintain consistent citywide PHLA-approved services and continuity of operations. The estimated annual personnel cost to support both full-time Homeless Outreach Specialist positions is approximately $180,000, inclusive of salaries and associated employee benefits. Based on this annual estimate, the projected cost to maintain both positions for five years, through April 30, 2031, is approximately $819,616.44, assuming salary and benefit costs remain consistent. The continuation of these positions will provide dedicated staffing to conduct citywide street outreach, engage individuals experiencing unsheltered homelessness, coordinate referrals to shelter and supportive services, support encampment response activities, and connect individuals to available housing and service resources. Funding these positions beyond the expiration of CDBG-CV will also prevent a disruption in outreach capacity as the City transitions away from the temporary federal funding source. Annual Personnel Cost – Two Full-Time Positions: Approximately $180,000 Packet Page. 418 3 6 3 9 Projected Five-Year Personnel Cost: Approximately $819,616.44 Projection Period: Through April 30, 2031 In addition to salaries and benefits, CDBG-CV covers materials and supplies, computers/equipment, cell phones, software, and other costs needed to support the positions. The Homeless Services Division will continue to actively pursue federal, state, County, and other grant funding opportunities to offset City costs and minimize the impact on the General Fund. However, should sufficient external funding not be available to sustain these services, the Division will seek authorization from the Mayor and City Council for the appropriation and use of General Fund resources. This approach reflects the City’s continued commitment to addressing homelessness as a priority while ensuring that funding decisions remain transparent, fiscally responsible, and subject to appropriate City Council approval. The anticipated start date for the two positions is October 12, 2026. The positions will transition from CDBG-CV funding to PLHA funding effective October 12, 2026, with PLHA funds covering 100 percent of the positions' salary and benefits going forward. Strategic Goals and Priorities Adding two (2) full-time positions to the Housing and Homelessness Services Division aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery and function more efficiently, and with Key Target 2b: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality of talent. Fiscal Impact Adding 2 full-time positions to the Community Development & Housing Department has no fiscal impact, as the positions are 100% funded through the PHLA grant. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the addition of two (2) grant-funded full-time equivalent (FTE) Homeless Outreach Specialist positions to the Community Development & Housing Department, funded through Permanent Local Housing Allocation (PLHA) funds through April 30, 2031. Attachments Attachment 1: Approval email from PHLA Attachment 2: Support for the Fiscal Estimates Ward: All Wards Synopsis of Previous Council Actions: Packet Page. 419 3 6 3 9 February 4, 2026, the Mayor and City Council adopted Resolution No. 2026-009 amending the City-Wide Salary Schedule for Full-Time, Part-Time, Temporary, and Seasonal Positions. CC Eric Levitt, City Manager Packet Page. 420 From:Shomers, Misty@HCD To:Kristina Gutierrez Cc:Christian Rodriguez; Gabriela Leon; Esther Ogunrinu; Gonzalez, Erik@HCD Subject:RE: Request for PLHA Authorization – Housing Case Management Personnel Costs for Motel Voucher Program Date:Thursday, August 6, 2026 10:52:57 AM Attachments:image003.png image004.png image005.png image006.png Caution - This email originated from outside the City - Verify that the Email display name and Email address are consistent. - Use caution when opening attachments. Good morning, Kristina, Thank you again for providing commitment documents for the for the Housing Case Management positions connected to the Motel Voucher Program. These documents have been reviewed and approved as submitted. If anything changes to these documents, please provide us the updated documents for re-review. Please let me know if you have any questions. Thank you, Misty Shomers Representative II Department of Housing & Community Development Division of State Financial Assistance State Grants Management 651 Bannon Street, 8th Floor Sacramento, CA 95811 Phone: 916.490.7711 From: Kristina Gutierrez <Gutierrez_Kr@sbcity.org> Sent: Tuesday, July 14, 2026 12:37 PM To: Shomers, Misty@HCD <Misty.Shomers@hcd.ca.gov> Cc: Rodriguez_Ch <Rodriguez_Ch@sbcity.org>; Gabriela Leon <Leon_Ga@sbcity.org>; Esther Ogunrinu <Ogunrinu_Es@sbcity.org>; Gonzalez, Erik@HCD <Erik.Gonzalez@hcd.ca.gov> Subject: Request for PLHA Authorization – Housing Case Management Personnel Costs for Motel Voucher Program Good Afternoon, The City is requesting authorization to utilize Permanent Local Housing Allocation (PLHA) funds to support two full-time Housing Case Management positions assigned exclusively to the City's PLHA-funded Motel Voucher Program. Good Afternoon, The City is requesting authorization to utilize Permanent Local Housing Allocation (PLHA) Packet Page. 421 funds to support two full-time Housing Case Management positions assigned exclusively to the City's PLHA-funded Motel Voucher Program. Although the employees' official classification title is Homeless Outreach Specialist, the City's Human Resources Department established this as a broad classification to encompass positions with similar and overlapping duties, rather than creating multiple position titles for comparable work. While classified as Homeless Outreach Specialists, these employees are assigned exclusively to the Motel Voucher Program, and their PLHA-funded responsibilities consist solely of providing housing case management services to program participants. Their day-to-day duties include participant assessment, individualized housing stabilization planning, housing navigation, service coordination, ongoing case management, and activities that support housing stability and successful transition to permanent housing. As a result, the work performed by these positions aligns with eligible PLHA activities, regardless of the generic classification title. The requested PLHA funding is consistent with PLHA Eligible Activity #6, which authorizes "affording persons and families experiencing or at risk of homelessness the opportunity to participate in a program that provides rapid rehousing, rental assistance, supportive and self- sufficiency services, or other housing assistance to maintain housing stability." The Housing Case Managers provide the supportive and housing stabilization services necessary to implement the City's approved Motel Voucher Program, including participant assessment, individualized service planning, housing navigation, coordination of supportive services, ongoing case management, and activities that promote housing retention and long-term stability. Because these positions serve only participants enrolled in the PLHA-funded Motel Voucher Program, their work is performed exclusively in support of an already approved PLHA- funded activity. The City has prepared supporting documentation demonstrating the relationship between the assigned duties, PLHA Eligible Activity #6, and the requested personnel costs. Supporting documentation includes: Scope of Work Personnel Budget Detail – Summary of requested PLHA-funded personnel costs, including salary and fringe benefits Job Description – Classification duties and position responsibilities Motel Voucher Program Guidelines – Program requirements and participant eligibility framework Individual Service Plan Template – Documentation used to establish participant goals, service needs, and housing stabilization plans Packet Page. 422 Position Duty Summary and Eligible Activity Crosswalk – Summary demonstrating how assigned duties align with eligible PLHA activities The City will charge only personnel costs attributable to eligible PLHA activities and will maintain appropriate supporting documentation, including payroll records, time allocation records, and program documentation, to demonstrate that PLHA-funded costs are directly associated with eligible activities performed on behalf of the Motel Voucher Program. Thank you, [sanbernardino.gov] Kristina Gutierrez Senior Management Analyst Community Development & Housing Department City of San Bernardino 290 North "D" Street, San Bernardino, CA 92401 Office: 909-998-2282 Gutierrez_Kr@sbcity.org | https://www.SanBernardino.gov/ [sanbernardino.gov] Packet Page. 423 Position Assignment # Positions FTE Annual Salary Fringe Rate Fringe Benefits Total Annual Cost Housing Case Manager (PLHA Assignment) - Salaries Permenat Full time 2 2 $150,000 $0 $150,000 Packet Page. 424 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Eric Levitt, City Manager; Luis Portillo, Director of Economic Development Economic Development It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2026-163 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 4164 North 4th Avenue, San Bernardino, California, within the unincorporated community of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. The City Manager recommends approval of the Resolution. In September 2025, the San Bernardino Municipal Water Department received a request for sewer service from the owners of a parcel located at 4164 North 4th Avenue (APN: 0265-141-27, -28) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection. The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 10-inch vitrified clay pipe sanitary sewer main within North 4th Avenue, fronting the subject parcel and the department can serve this parcel. In September 2025, the San Bernardino Municipal Water Department received a request for sewer service from the owners of a parcel located at 4164 North 4th Avenue (APN: 0265-141-27, -28) for a connection to the sewer collection system. The property Packet Page. 425 owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection. In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands. In September of 1997 the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement. The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future. Discussion The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 10-inch vitrified clay pipe sanitary sewer main within North 4th Avenue, fronting the subject parcel and the department can serve this parcel. LAFCO requires the Agency providing the service to complete the application. The resolution will allow the city to submit an application to LAFCO if approved by Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant. Strategic Goals and Priorities The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area. Fiscal Impact There is no fiscal impact associated with this action. The $1,300 sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees. Packet Page. 426 Conclusion It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2026-163of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 4164 North 4th Avenue, San Bernardino, California, within the unincorporated community of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Attachments Attachment 1 - Resolution No. 2026 -163 Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map Attachment 4 – Exhibit C - Application Ward: Fifth Ward Synopsis of Previous Council Actions: September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries. CC Packet Page. 427 Resolution No. 2026-163 Resolution No. 2026-163 October 7, 2026 Page 1 of 5 RESOLUTION NO. 2026-163 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO A PROPERTY LOCATED WITHIN THE UNINCORPORATED TERRITORY AT 4164 NORTH 4TH AVENUE, SAN BERNARDINO, CALIFORINA, (APN 0265-141-27, -28) WITHIN THE UNICORPORATED COMMUNITY OF SAN BERNARDINO COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN IRREVOCABLE AGREEMENT TO ANNEX WHEREAS, Avrohom Tress, as Manager of 4164 North 4th, LLC, a California limited liability company, the owner of the property located at 4164 North 4th Avenue, San Bernardino, California, in the unincorporated community of San Bernardino County, also known as Assessor’s Parcel Number 0265-141-27, -28 has requested connection to the City of San Bernardino’s sewage system; and WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 4164 North 4th Avenue, Assessor’s Parcel Number 0265-141-27, -28, more fully described as follows: Packet Page. 428 Resolution No. 2026-163 Resolution No. 2026-163 October 7, 2026 Page 2 of 5 0265 -141 -27 (PARCEL A) THAT PORTION OF LAND SHOWN AS PARCEL A OF CERTIFICATE OF COMPLIANCE NO. PLLA -2025 -00012A, AS RECORDED OCTOBER 7, 2025 AS INSTRUMENT NO. 2025 -0242586, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE CERTAIN PARCELS OF LAND SITUATED IN THE UNINCORPORATED AREA OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING ALL OF PARCELS 1, 2 AND 3 OF GRANT DEED, RECORDED JULY 1, 2003 AS DOCUMENT NO. 2003 -0482324, OFFICIAL RECORDS OF SAID COUNTY, EXCEPT THAT PORTION LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF FOURTH AVENUE AND 48TH STREET AS SHOWN ON TRACT NO. 14715, RECORDED OCTOBER 24, 2003 IN BOOK 294, AT PAGES 60 THROUGH 63 OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID FOURTH STREET, SOUTH 00 DEG 00'00" WEST 495.65 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 90 DEG 00'00" WEST 20.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING SOUTH 00 DEG 00'00" WEST 165.65 FEET FROM THE N ORTHEAST CORNER OF SAID PARCEL 1 OF SAID GRANT DEED; THENCE NORTH 90 DEG 00'00" WEST 220.11 FEET; THENCE NORTH 00 DEG 00'00" EAST 1.58 FEET; THENCE NORTH 90 DEG 00'00" WEST 91.75 FEET TO A LINE PARALLEL WITH THE EASTERLY LINE OF LOTS 5 THROUGH 11 OF SAID T RACT NO. 14715; THENCE ALONG SAID PARALLEL LINE, SOUTH 00 DEG 00'00" WEST 239.93 FEET TO THE NORTHERLY LINE OF GRANT DEED, RECORDED MARCH 13, 2020, AS DOCUMENT NO. 2020 - 0091243, OFFICIAL RECORDS OF SAID COUNTY. 0265 -141 -28 (PARCEL B) THAT PORTION OF LAND SHOWN AS PARCEL B OF CERTIFICATE OF COMPLIANCE NO. Packet Page. 429 Resolution No. 2026-163 Resolution No. 2026-163 October 7, 2026 Page 3 of 5 PLLA -2025 -00012B, AS RECORDED OCTOBER 7, 2025, AS INSTRUMENT NO. 2025 -0242595, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE CERTAIN PARCELS OF LAND SITUATED IN THE UNINCORPORATED AREA OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING ALL OF PARCELS 2 AND 3 OF GRANT DEED, RECORDED JULY 1, 2003 AS DOCUMENT NO. 2003 -0482324, OFFICIAL RECORDS OF SAID COUNTY, EXCEPT THAT PORTION LYING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF FOURTH AVENUE AND 48TH STREET AS SHOWN ON TRACT NO. 14715, RECORDED OCTOBER 24, 2003 IN BOOK 294, AT PAGES 60 THROUGH 63 OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID FOURTH STREET, SOUTH 00 DEG 00 '00" WEST 495.65 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 90 DEG 00'00" WEST 20.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING SOUTH 00 DEG 00'00" WEST 165.65 FEET FROM THE NORTHEAST CORNER OF SAID PARCEL 1 OF SAID GRANT DEED; THENCE NORTH 90 DEG 0 0'00" WEST 220.11 FEET; THENCE NORTH 00 DEG 00'00" EAST 1.58 FEET; THENCE NORTH 90 DEG 00'00" WEST 91.75 FEET TO A LINE PARALLEL WITH THE EASTERLY LINE OF LOTS 5 THROUGH 11 OF SAID TRACT NO. 14715; THENCE ALONG SAID PARALLEL LINE, SOUTH 00 DEG 00'00" WEST 239.93 FEET TO THE NORTHERLY LINE OF GRANT DEED, RECORDED MARCH 13, 2020, AS DOCUMENT NO. 2020 - 0091243, OFFICIAL RECORDS OF SAID COUNTY. SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2026-388, a copy of which is attached as Exhibit “A”. SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO. Packet Page. 430 Resolution No. 2026-163 Resolution No. 2026-163 October 7, 2026 Page 4 of 5 SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of October 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Albert J. Maldonado, City Attorney Packet Page. 431 Resolution No. 2026-163 Resolution No. 2026-163 October 7, 2026 Page 5 of 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-163, adopted at a regular meeting held on the 7th day of October 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 8th day of October 2026. Telicia Lopez, CMC, City Clerk Packet Page. 432 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Bernardino 290 N. D Street San Bernardino, California 92401 Attn: City Manager Exempt from Recording fee pursuant to Gov't Code §§ 27383, 6103 (Space above for Recorder’s use) IRREVOCABLE AGREEMENT TO ANNEX No. 2026-388 This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 18th day of March, 2026; by and between Avrohom Tress, as Manager of 4164 North 4th, LLC, a California limited liability company, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”. RECITALS: WHEREAS, OWNER holds title to the one parcel, APN 0265-141-12-0000, - 15, -24, located at 4164 North 4 th Avenue, San Bernardino, California, and parcel is further described as follows: 0265-141-27 (PARCEL A) THAT PORTION OF LAND SHOWN AS PARCEL A OF CERTIFICATE OF COMPLIANCE NO. PLLA-2025-00012A, AS RECORDED OCTOBER 7, 2025 AS INSTRUMENT NO. 2025-0242586, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE CERTAIN PARCELS OF LAND SITUATED IN THE UNINCORPORATED AREA OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING ALL OF PARCELS 1, 2 AND 3 OF GRANT DEED, RECORDED JULY 1, 2003 AS DOCUMENT NO. 2003-0482324, OFFICIAL RECORDS OF SAID COUNTY, EXCEPT THAT PORTION LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF FOURTH AVENUE AND 48TH STREET AS SHOWN ON TRACT NO. 14715, RECORDED OCTOBER 24, 2003 IN BOOK 294, AT PAGES 60 THROUGH 63 OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; Packet Page. 433 IRREVOCABLE AGREEMENT TO ANNEX NO. 2026-388 LAFCO SC # _____ THENCE ALONG THE CENTERLINE OF SAID FOURTH STREET, SOUTH 00 DEG 00'00" WEST 495.65 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 90 DEG 00'00" WEST 20.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING SOUTH 00 DEG 00'00" WEST 165.65 FEET FROM THE NORTHEAST CORNER OF SAID PARCEL 1 OF SAID GRANT DEED; THENCE NORTH 90 DEG 00'00" WEST 220.11 FEET; THENCE NORTH 00 DEG 00'00" EAST 1.58 FEET; THENCE NORTH 90 DEG 00'00" WEST 91.75 FEET TO A LINE PARALLEL WITH THE EASTERLY LINE OF LOTS 5 THROUGH 11 OF SAID TRACT NO. 14715; THENCE ALONG SAID PARALLEL LINE, SOUTH 00 DEG 00'00" WEST 239.93 FEET TO THE NORTHERLY LINE OF GRANT DEED, RECORDED MARCH 13, 2020, AS DOCUMENT NO. 2020- 0091243, OFFICIAL RECORDS OF SAID COUNTY. 0265-141-28 (PARCEL B) THAT PORTION OF LAND SHOWN AS PARCEL B OF CERTIFICATE OF COMPLIANCE NO. PLLA-2025-00012B, AS RECORDED OCTOBER 7, 2025, AS INSTRUMENT NO. 2025-0242595, OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE CERTAIN PARCELS OF LAND SITUATED IN THE UNINCORPORATED AREA OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING ALL OF PARCELS 2 AND 3 OF GRANT DEED, RECORDED JULY 1, 2003 AS DOCUMENT NO. 2003-0482324, OFFICIAL RECORDS OF SAID COUNTY, EXCEPT THAT PORTION LYING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF FOURTH AVENUE AND 48TH STREET AS SHOWN ON TRACT NO. 14715, RECORDED OCTOBER 24, 2003 IN BOOK 294, AT PAGES 60 THROUGH 63 OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID FOURTH STREET, SOUTH 00 DEG 00'00" WEST 495.65 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 90 DEG 00'00" WEST 20.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING SOUTH 00 DEG 00'00" WEST 165.65 FEET FROM THE Packet Page. 434 IRREVOCABLE AGREEMENT TO ANNEX NO. 2026-388 LAFCO SC # _____ NORTHEAST CORNER OF SAID PARCEL 1 OF SAID GRANT DEED; THENCE NORTH 90 DEG 00'00" WEST 220.11 FEET; THENCE NORTH 00 DEG 00'00" EAST 1.58 FEET; THENCE NORTH 90 DEG 00'00" WEST 91.75 FEET TO A LINE PARALLEL WITH THE EASTERLY LINE OF LOTS 5 THROUGH 11 OF SAID TRACT NO. 14715; THENCE ALONG SAID PARALLEL LINE, SOUTH 00 DEG 00'00" WEST 239.93 FEET TO THE NORTHERLY LINE OF GRANT DEED, RECORDED MARCH 13, 2020, AS DOCUMENT NO. 2020- 0091243, OFFICIAL RECORDS OF SAID COUNTY. WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon the OWNER, heirs, successors and assigns. NOW, THEREFORE, the Parties hereto agree as follows: Packet Page. 435 IRREVOCABLE AGREEMENT TO ANNEX NO. 2026-388 LAFCO SC # _____ SECTION I OWNER AGREES: a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable. c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system. d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY. e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system. f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successors failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may Packet Page. 436 IRREVOCABLE AGREEMENT TO ANNEX NO. 2026-388 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service. i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement. SECTION II CITY AGREES: a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits. SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS: a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO. d. This Agreement may be executed in counterparts. e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties. f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the Packet Page. 437 IRREVOCABLE AGREEMENT TO ANNEX NO. 2026-388 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino. Packet Page. 438 IRREVOCABLE AGREEMENT TO ANNEX NO. 2026-388 LAFCO SC # _____ SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above. CITY OF SAN BERNARDINO Approved By: OWNER __________________________________ _______________________________ Eric Levitt Signature City Manager Avrohom Tress ________________ Name __________________________________ City Attorney _______________________________ Signature Attested By: ______________________________ Name __________________________________ Telicia Lopez CMC, City Clerk Packet Page. 439 IRREVOCABLE AGREEMENT TO ANNEX NO. 2026-388 LAFCO SC # _____ ACKNOWLEDGMENT 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 name and title of the officer) 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. 440 IRREVOCABLE AGREEMENT TO ANNEX NO. 2026-388 LAFCO SC # _____ ACKNOWLEDGMENT 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 name and title of the officer) 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. 441 EXHIBIT B Vicinity Map Annex 2026-388 (Ward 5) Packet Page. 442 Packet Page. 443 3 6 1 6 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Luis Portillo, Director of Economic Development Economic Development It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file and provide staff direction with program implementation. Economic Development followed the intent of the City Council direction and has moved the positions to part-time and placed additional funding in the actual project improvements. The $80,000 would be funded from the Cultural Development fund and the part-time positions would be funded through salary savings in the Department. In advance of the conclusion of the Love Your Block Grant on October 31, 2026, City Council approved a total investment of $150,000 for program staffing and resident-led projects at the September 2, 2026 meeting. The Council also directed staff to bring back an item identifying alternative funding sources to reduce or eliminate the use of General Fund resources for Year Three. In response, staff recommends funding the Year Three program through both departmental salary savings and the Cultural Development Fund. In 2021, Bloomberg Philanthropies and the Bloomberg Center for Public Innovation (BCPI) at Johns Hopkins University launched the Love Your Block program to help local governments strengthen neighborhoods by empowering residents to lead community improvement projects. Through technical assistance, training, and grant funding, the program supports resident-driven initiatives focused on neighborhood beautification, public art, blight reduction, placemaking, and community engagement. Packet Page. 444 3 6 1 6 In December 2023, the City of San Bernardino applied to participate in the 2024–2026 Love Your Block cohort and was subsequently awarded $100,000 from Johns Hopkins University on February 21, 2024, to implement the program over a two-year period. The grant funding supported program staffing, resident-led community improvement projects, and access to an AmeriCorps VISTA member. Recognizing the City’s need for additional staffing stability, the Bloomberg Center for Public Innovation awarded the City an additional $60,000 in December 2025 to fund a second part-time Fellow position through October 31, 2026, allowing the City to expand community outreach efforts and continue successful project implementation during Year Two. The City designed Love Your Block to provide residents with the resources and support necessary to identify opportunities within their neighborhoods and implement projects that create visible improvements. Through partnerships with community-based organizations and nonprofit organizations, the program provides funding, technical assistance, volunteer coordination, and project management to help residents turn their ideas into completed projects. During Years One and Two, the Love Your Block Program successfully supported resident-led projects that improved neighborhoods, strengthened community connections, and fostered greater community pride. In Year One, the City fully funded eleven (11) resident-led projects, engaging 429 residents and volunteers, generating 486 volunteer hours, removing approximately 24,600 pounds of trash, and clearing nearly 6,955 square yards of grounds. Building on this success, Year Two expanded the program's focus to the Historic Route 66 corridor, supporting beautification, public art, neighborhood improvement, and community-building projects at locations including Ann Shirrells Park, Court Street Square, Villa Señor Library, Santa Fe Depot, Mt. Vernon and Baseline, and St. Paul A.M.E. Church, with a total of $46,200 awarded to Year Two projects. The current BCPI grant-funded Love Your Block Program concludes on October 31, 2026. Based on the demonstrated success of the program and its ability to directly engage residents in improving their neighborhoods, City Council expressed support for continuing the program for a third year. Discussion The Love Your Block Program has demonstrated that a relatively modest investment can produce visible neighborhood improvements while creating meaningful opportunities for residents to take an active role in their communities. The program provides the City with a structured mechanism to support resident ideas, leverage volunteer participation, build partnerships, and address neighborhood improvement priorities at the local level. Continuing the program will allow the City to maintain the relationships and community momentum established during the first two years while creating a sustainable framework for future resident-led projects. Packet Page. 445 3 6 1 6 Year Three Funding At its September 2, 2026 meeting, the Mayor and City Council provided direction to proceed with Year Three of the Love Your Block Program with a total investment of $150,000 for the period of November 1, 2026 through October 31, 2027. The initial funding structure contemplated two (2) part-time equivalent (PTE) positions at a combined allocation of $100,000 and $50,000 for resident-led community improvement projects, with the staffing component originally proposed to be funded through the General Fund. The initial funding was structured as follows: Year Three Component Allocation Funding Source Program Staffing – 2 PTE $100,000 Resident-Led Projects $50,000 Total $150,000 General Fund As part of its September 2, 2026 direction, Council requested that staff identify alternative funding sources to reduce or eliminate the use of General Fund resources for Year Three. In response, staff reviewed the actual cost of maintaining two (2) part- time positions and identified available departmental salary savings, as well as the Cultural Development Fund, as resources that could support the continuation of the program. Staffing – $70,000: Following Council's direction to maintain both Love Your Block positions as part-time positions, staff reviewed the actual fully encumbered cost of the two (2) positions. The base fully encumbered cost is $60,285.46. After accounting for additional personnel- related costs, including CalPERS, Medicare, and the potential for additional regular hours that could cause the positions to exceed the 1,000-hour annual threshold for part-time employees, staff estimates that an additional $9,714.54 would be necessary. Accordingly, the total staffing allocation is estimated at $70,000. The proposed $70,000 staffing allocation will support two (2) part-time equivalent positions dedicated to the administration and implementation of the Love Your Block Program. These positions will replace the grant-funded staffing structure that has supported the program during Years One and Two and will provide the continuity necessary to administer Year Three. Responsibilities will include program administration, community outreach, applicant assistance, partnership development, project coordination, volunteer engagement, contract and grant administration, and program reporting. Based on the actual staffing costs, the full $100,000 originally contemplated for staffing is not necessary to maintain the two part-time positions. This results in $30,000 in available funding that staff proposes to redirect toward resident-led community improvement projects. Packet Page. 446 3 6 1 6 Resident-Led Projects – $80,000: Staff recommends allocating the additional $30,000 to resident-led projects, increasing the project allocation from the originally proposed $50,000 to $80,000. This would maintain the total Year Three program investment at $150,000 while increasing the amount of funding available to directly support resident-led improvements throughout San Bernardino. Individual project awards would continue to range from $2,500 to $5,000, allowing the City to support approximately 14 to 28 projects, depending on the number and size of awards approved. The projects would continue to focus on activities such as neighborhood beautification, clean-ups, public art and murals, community gardens, placemaking, cultural expression, and other small-scale improvements that provide a demonstrated benefit to the surrounding community. The proposed funding structure would be as follows: Year Three Component Allocation Funding Source Program Staffing – 2 PTE $70,000 Salary Savings Resident-Led Projects $80,000 Cultural Development Fund Total $150,000 Funding Source The original staff recommendation presented to Council proposed utilizing General Fund resources to continue Love Your Block into Year Three. Following Council's direction to proceed with the program while identifying alternative funding sources, staff has identified departmental salary savings and the Cultural Development Fund as alternative resources for the proposed $150,000 investment. The $70,000 staffing allocation would be supported through available departmental salary savings associated with a vacant position, while the $80,000 resident-led project allocation would be supported through the Cultural Development Fund. This funding structure would allow the City to continue the Love Your Block Program without utilizing General Fund resources, while increasing the amount of funding available for direct investment in resident-led community improvement projects. The Cultural Development Fund currently has a balance of more than $3.1 million, with approximately $800,000 available for allocation, subject to applicable fiscal requirements and eligible uses. The proposed $80,000 allocation would support projects that may incorporate public art, neighborhood beautification, cultural expression, community identity, and activation of public spaces, consistent with the objectives of the Love Your Block Program. Program Administration and Community Partnerships Year Three will continue the collaborative approach established during the first two years of Love Your Block. The City will work with multiple community-based Packet Page. 447 3 6 1 6 organizations, nonprofit organizations, neighborhood associations, and other community partners to expand outreach and participation throughout all seven City wards. Economic Development staff will provide program information, technical assistance, applicant support, project coordination, and volunteer engagement while ensuring that projects continue to be driven by resident-identified needs and priorities. To support a consistent and collaborative project selection process, Economic Development will continue to the Love Your Block Project Review Committee consisting of City staff, representatives from City departments with relevant expertise based on the proposed project types, and representatives from community-based organizations participating in the program. The involvement of City departments will help evaluate projects for feasibility, permitting, operational and maintenance considerations, and compliance with applicable City requirements, while community- based organization representatives will provide additional community perspective and knowledge of neighborhood needs. The Review Committee will evaluate applications using established program criteria, including community benefit, resident participation, project feasibility and readiness, proposed use of funds, geographic distribution, and alignment with the goals of Love Your Block. Economic Development will coordinate the application and review process and work with the committee to develop funding recommendations, while ensuring that the final selection process remains transparent, equitable, and centered on resident- led neighborhood improvement. Strategic Goals and Priorities This project is consistent with Goal No. 3 Improved Quality of Life. Participation in the Love Your Block Grant will improve the City’s appearance, cleanliness, and attractiveness through the proposed community-led revitalization projects. Fiscal Impact The proposed Year 3 of the Love Your Block program allocates $150,000. Funds in the amount of $80,000 would need to be allocated to the FY 2026/27 Operating Budget for Economic Development from the Cultural Development Fund to fund this program, and Economic Development Department would complete an internal budget amendment from associated GL’s to cover the staffing costs. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive as filed and provide staff direction with program implementation. Attachments 1. Love Your Block Program Guidelines – Year 3 2. Love Your Block Blueprint – Bloomberg & JHU Ward: All Wards Packet Page. 448 3 6 1 6 Synopsis of Previous Council Actions: On September 18, 2024, the Mayor and City Council adopted Resolution No. 2024- 204, authorizing the city manager, or designee, to accept grant award funds in the amount of $100,000 for the Bloomberg Center of Public Innovation 2.0 Project (Love Your Block Grant); and authorizing the city manager, or designee, to execute a subaward agreement and any subsequent amendments with Johns Hopkins University (JHU) for the Bloomberg Center of Public Innovation 2.0 Project (Love Your Block Grant) to carry out the service deliverables for the period of May 1, 2024 through April 30, 2026; and authorizing the director of finance & management services to amend and appropriate the $100,000 for the Love Your Block Grant Award in both revenues and expenditures for fiscal year 2024-2025 & 2025-2026 operating budget. On December 17, 2025, the Mayor and City Council adopted Resolution No. 2025- 403, authorizing the city manager, or designee, to accept additional grant award funds in the amount of $60,000 for the Bloomberg Center of Public Innovation 2.0 Project (Love Your Block Grant); and authorizing the city manager, or designee, to execute amendment #1 to the subaward agreement with Johns Hopkins University (JHU) for the Bloomberg Center of Public Innovation 2.0 Project (Love Your Block Grant) to extend the service deliverables to October 31, 2026; and authorizing the director of finance & management services to amend and appropriate the $60,000 for the Love Your Block Grant Award in both revenues and expenditures for fiscal year 2025-2026 & 2026-2027 operating budget. On September 2, 2026, the Mayor and City Council received and filed a Love Your Block Year 2 Impact Presentation and Authorized the allocation of $150,000.00 to Year 3 of Love Your Block. Packet Page. 449 Packet Page. 450 Page 2 Program Overview About the Program Love Your Block is a community-driven initiative that brings residents and local government together to create cleaner, safer, and more vibrant neighborhoods, one block at a time. Through small-scale neighborhood improvement projects, Love Your Block empowers community members to identify local needs and work collaboratively on solutions that make a lasting impact. Projects can include community gardens, public art, neighborhood cleanups, beautification efforts, revitalization of public spaces, and other resident-led improvements that strengthen community pride. Love Your Block Goals • Empower Residents – Support community-led projects that improve neighborhoods. • Build Connections – Strengthen relationships between residents, local organizations, and city leaders. • Beautify San Bernardino – Enhance public spaces to create a city people love and take pride in. • Support Sustainability – Provide mentorship and resources to help projects have a lasting impact. Eligibility Applications are open to individual residents over the age of 18 (unless applying with a co-applicant who is 18+) groups, or community organizations. Applications can also be submitted by local businesses and religious organizations so long as the revitalization project improves public spaces or otherwise primarily benefits the community in the neighborhoods served by the program. The benefits of the proposed project should extend beyond the mini-grant recipients, contributing to overall community enjoyment and neighborhood revitalization. Projects must offer opportunities for resident volunteers to participate and perform the revitalization tasks required. Projects can improve public as well as private property, but they must be limited to exterior areas visible to the public. Applicants do not need to own the property to apply (renters are welcome!), but they must be willing to obtain permission from the owner, according to city rules and regulations. The project proposed in the application must be possible to accomplish within 6 weeks. Eligible Applicants • Residents 18+: Individuals living within San Bernardino (unless applying with a co-applicant who is 18+) • Non-Profit Organizations (501(c)(3)) • Neighborhood Associations: Recognized groups within the city • Community-Based Organizations: Local groups working to improve San Bernardino communities • School / School Organization / School Representative Packet Page. 451 Page 3 Grant Award & Funding Grant awards range from $2,500 to $5,000. The budget should reflect project needs only; applicants do not need to request the maximum award amount unless that is what the project is expected to cost. Projects may be funded in full or in part by the Love Your Block program. Eligible Uses of Funds • Paint and painting supplies • Plants and landscaping materials • Planting materials • Lumber • Tools • Volunteer food and beverages • Any supplies needed to complete the proposed project • Artists fees & Labor Costs can be considered; not to exceed 25% of total budget Ineligible Uses of Funds • Interior home/property improvements • Political events • Entertainment • Alcohol • Rent/utilities Eligible & Ineligible Activities Eligible Project Focus • Projects must focus on community art, vacant lot cleanups, or both. • Projects must address at least one issue: blight, safety, or lack of beautification. • Projects must benefit the community and improve the neighborhood. • Projects must include a maintenance plan for long-term sustainability. Ineligible Activities • Projects outside San Bernardino • Projects benefiting only private individuals, property, or organizations • Political/religious activities • One-time events • Projects that primarily serve churches or religious organizations rather than the overall community Packet Page. 452 Page 4 General Requirements Requirement Guideline Grant Award Amounts $2,500 – $5,000 Project Timeline The project must be possible to accomplish within 6 weeks. Location Projects must be located within San Bernardino city limits. Community Benefit The project must benefit the community and improve the neighborhood. Completion Projects must be completed prior to the end of the program Maintenance Projects must include a maintenance plan for long- term sustainability. Supplemental Documents Submit the supplemental documents at time of application: 1. Budget Plan 2. Project Timeline 3. Maintenance Plan 4. Sketches or Renderings of proposed art projects 5. Property Owner Authorization Form only if needed 6. Before Photos (at least 3 photos of the project site) 7. Proof of 501(c)(3) status (Non-Profit Status Determination letter from the IRS), if applicable 8. Letters of Support from community members or organizations 9. Any outside partnership donations or supplemental funding you have or may receive Program Administration The Love Your Block program may fund projects in full or in part. Applicants are responsible for ensuring that proposed activities meet the program requirements and that all required permissions and supplemental documents are obtained. Project Requirements at a Glance • Located within San Bernardino city limits. • Benefits the broader community. • Includes opportunities for resident volunteers. • Focuses on community art, vacant lot cleanup, or both. • Addresses blight, safety, or lack of beautification. • Can be completed within 6 weeks. • Includes a long-term maintenance plan. Packet Page. 453 Page 5 Program Timeline LYB Civic Engagement Community Outreach Nov – Jan 2027 LYB Mini-Grant Applications Open February 14, 2027 1st Round of Mini-Grant Winners Announced April 2027 Applications Remain Open Projects will be awarded on an ongoing rolling basis April – July 2027 Awarded Projects Must Be Completed August 31, 2027 Final Projects Reports Due September 2027 Love Your Block Close Out October 2027 Packet Page. 454 Page 6 Grant Review and Approval Process Review The Love Your Block Committee will review each application for completeness and preliminary eligibility. To be considered for eligibility, applications must be complete and meet the requirements outlined in the application review rubric. The rubric, which details the criteria applicants must meet, is included below for reference. Love Your Block: Mini-grant Application Evaluation Rubric Reviewer name: ______________________________________________________ Date: ________________ Project title: ______________________________________________________________________________ Project type: ______________________________________________________________________________ Total score (to be completed last): ____________ / 120 Criteria Scoring Details Maximum Points Score Relevance to the identified public problem 0–5 points: Does not address priorities related to the public problem. 6–10 points: Addresses issues but lacks a clear focus. 11–20 points: Directly addresses urgent issues with clear focus. 20 Benefits to the community Project impact on community quality of life – Expected benefits to the community's quality of life, beyond the mini- grant recipient. 0–5 points: Does not demonstrate clear benefits to the community. 6–10 points: Demonstrates some benefit to the community. 11–20 points: Directly demonstrates benefits to the community. 20 Neighborhood improvement Project impact on the overall neighborhood revitalization effort (resident-level impact = “project impact” on the metrics tracker dashboard). 0–5 points: Does not demonstrate clear improvement to the neighborhood. 6–10 points: Demonstrates some impact on neighborhood improvement. 11–20 points: Directly demonstrates impact on neighborhood improvement. 20 Volunteer Engagement Opportunity Project impact on program engagement. 0–5 points: Does not offer significant opportunities to engage resident volunteers (beyond the applicant). 6–10 points: Offers some opportunities to engage resident volunteers (beyond the applicant). 11–20 points: Project offers extensive opportunities to engage resident volunteers. 20 Relationship building and trust Potential to strengthen relationships between City Hall and traditionally disinvested communities. 0–5 points: Does not demonstrate clear potential to 20 Packet Page. 455 Page 7 strengthen relationships between City Hall and traditionally disinvested communities. 6–10 points: Demonstrates some potential to strengthen relationships between City Hall and traditionally disinvested communities. 11–20 points: Directly demonstrates the potential to strengthen relationships between City Hall and traditionally disinvested communities. Budget rationale 0–3 points: Does not provide a strong budget rationale. 4–7 points: Budget rationale is somewhat reasonable. 8–10 points: Directly demonstrates strong budget rationale. 10 Risk assessment / Feasibility and project planning 0–3 points: Does not demonstrate strong project feasibility and planning. 4–7 points: Somewhat demonstrates project feasibility and planning. 8–10 points: Directly demonstrates strong project feasibility and planning. 10 TOTAL 120 Points Scoring notes Strengths: _________________________________________________________________________________________ _________________________________________________________________________________________ Weaknesses: _________________________________________________________________________________________ _________________________________________________________________________________________ Points needing clarification and/or additional comments: _________________________________________________________________________________________ _________________________________________________________________________________________ Do you recommend funding for this project? ☐ Yes ☐ No ☐ Maybe / Would like to discuss further with the team Resource note: Updated List of Resources, including outreach materials, application support tools, and communication templates. Packet Page. 456 Page 8 Verification and Eligibility Determination Upon pre-approval and selection, the Love Your Block Team will notify selected applicants and request any required documentation needed to verify eligibility and finalize grant approval. The Love Your Block Team will work with each selected grantee to assist with completing the required documentation and provide guidance throughout the grant process. All required documentation must be submitted by the deadline provided by the Love Your Block Team in order for the applicant to remain eligible for funding. If required documentation is not submitted by the deadline, the applicant may be removed from the eligibility list, and an alternate project may be selected. Grant Disbursement Once a project has been approved and all required documentation has been completed and verified, the Love Your Block Team will coordinate with the application for execution of the Love Your Block Agreement. Following execution, staff will work with the appropriate City departments to provide the grantee with a check for the approved grant amount. Grant funds must be used only for purchases and expenses directly related to the approved Love Your Block project and within the approved project budget. Grantees are responsible for completing their project within the established Love Your Block project timeline. Any changes to the approved project scope, budget, location, or timeline must be reviewed and approved by the Love Your Block Team prior to implementation. Grant funds may only be used for the approved project and eligible expenses. Grant Report and Documentation Upon completion of the Love Your Block project, each grantee must submit a spending report documenting how the grant funds were used. The spending report must include receipts or other appropriate documentation for purchases made with grant funds. Grantees are responsible for maintaining all receipts and documentation related to the use of grant funds and submitting them to the Love Your Block Team as part of the project closeout process. The Love Your Block Team may request additional documentation or clarification regarding project expenses to verify that grant funds were used for the approved project and eligible expenses. If it is determined that grant funds were not used for the approved project or eligible expenses, the grantee may be required to take corrective action and may be ineligible for future Love Your Block funding. Post-Grant Follow-Up Following completion of the project, the Love Your Block Team may conduct follow-up with grantees to document the project's impact on the community and neighborhood. Grantees may be asked to provide updates regarding project outcomes, volunteer participation, community engagement, photographs, and other information that demonstrates the project's impact. Packet Page. 457 Page 9 This information may be used to evaluate the Love Your Block program and communicate its impact to City leadership, community partners, residents, and other stakeholders. By accepting a Love Your Block grant, the grantee agrees to participate in reasonable program follow -up and provide requested project information. The Love Your Block Team may also request permission to use project photographs, project descriptions, and other project-related materials for program communications, reports, presentations, and promotional purposes. Program Complaint and Appeal Process Complaints or concerns regarding the Love Your Block Mini-Grant Program should first be submitted to the Love Your Block Team for review and resolution. Applicants or grantees who believe that a program decision has not been resolved through the Love Your Block Team may submit a written complaint or appeal to the appropriate City office for further review. The City will review complaints and appeals in accordance with applicable City policies and Love Your Block program requirements. Program decisions related to eligibility, project selection, funding, project scope, and compliance will be based on the established program criteria and available funding. Contact Information For additional information regarding the Love Your Block Mini-Grant Program, please contact: City of San Bernardino Love Your Block Team Economic Development Department 201 North E Street, 3rd Floor San Bernardino, CA 92401 Email: LoveYourBlock@sbcity.org For questions regarding the Love Your Block guidelines, application, eligibility requirements, or assistance with completing the application, please contact the Love Your Block Team at the information provided above. Love Your Block Community-led projects. Stronger neighborhoods. A better San Bernardino. Packet Page. 458 LOVE YOURBLOCK A Cities of Service Blueprint Love Your Block ® is a tested, high-impact service strategy in which city leaders engage community members in revitalizing their neighborhoods, one block at a time. Packet Page. 459 Love your Block is a high-impact service strategy that connects city leaders with community residents to help revitalize their neighborhoods one block at a time. Typically, city officials provide small grants that support volunteer-fueled solutions developed by the community. Whether turning vacant lots into community gardens, removing graffiti, or helping elderly neighbors with simple home repairs that allow them to keep their homes, citizen volunteers are making their neighborhoods — and their cities — better places to live. Since 2009, Cities of Service has helped dozens of cities implement Love Your Block. More than 9,000 community members have revitalized more than 2,200 blocks, including removing 5.6 million pounds of trash, creating 900 art displays, cleaning 60,000 square feet of graffiti, repairing over 70,000 square feet of community space, and maintaining over 730,000 square feet of public space. The impact of Love Your Block extends beyond the removal of litter or newly painted buildings. It also improves the quality of life for city residents. Engaged communities are far less likely to let their neighborhoods fall into blighted conditions and can act as a powerful force in preventing crime and other negative behaviors. Love Your Block projects also empower participants and instill community ownership of public spaces. This further motivates citizens to pursue new neighborhood revitalization projects, even after the Love Your Block project has ended. Moreover, participation in Love Your Block forges relationships and builds trust between city officials and neighborhood leaders, leading to greater resilience and better long-term economic and social outcomes for city residents. LOVE YOUR BLOCK 1 ABOUT THE PROGRAM IMPACT A study by Urban Institute found that Love Your Block helps forge strong connections between city leaders and citizens and drives collective action by neighborhood residents. Read the full study at citiesofservice.org. Packet Page. 460 For Love Your Block to be successful, the initiative must be led by the city. The program is most effective when it includes the following steps: 1.Identify a pressing public problem the city hopes to address with the energy and commitment of resident volunteers. 2.Engage local residents and other community stakeholders, including city agencies, to discuss the problem and identify possible solutions. 3.Design the initiative with input from the community. 4.Coordinate city services that can complement neighborhood projects. 5.Introduce a mini-grant competition to provide small grants to neighborhood groups to help cover the costs of volunteer projects. 6.Activate volunteers and community groups. 7.Work with neighborhood groups to track and report impact metrics for each project, learning from challenges and making mid-course program corrections when necessary. 8.Share and celebrate successes with local residents and other community stakeholders. 9.Take steps to make the initiative sustainable. Love Your Block addresses a public problem that aligns with the priorities identified by the mayor or city chief executive. This could include such things as preventing or eliminating blighted properties and increasing greenspace, public safety, and helping people who are at risk of losing their homes keep their homes. Experience indicates that the most successful Love Your Block programs are those in which the chief executive understands and appreciates the program and deploys city resources to ensure its success. LOVE YOUR BLOCK 2 STEP 1: IDENTIFY THE PUBLIC PROBLEM HOW IT WORKS Packet Page. 461 LOVE YOUR BLOCK 3 The Cities of Service citizen engagement model helps cities work with their citizens to solve problems and helps build trust within communities and between city leaders and their residents. In Lansing, Michigan, city officials hosted monthly Leaders in Neighborhood and Community Services meetings, opening up communication and sharing resources and best practices between the city, community, and business leadership. Once city leaders have identified a problem that can be addressed with support from community volunteers, city officials convene stakeholders and community members to talk about the challenges and how citizens can contribute to solving the problem. Stakeholders may include city agencies and department heads, city council members, neighborhood groups, nonprofit organizations, schools and universities, local businesses, faith groups, and, importantly, residents affected by the problem who have experience and insights to share. There are many ways to engage the community in these critical conversations — the most important thing is to make sure that the conversations happen. Community deliberation provides an opportunity to test assumptions and clarify thinking with the people who may be affected by this work or have been working in this area for years and have real experience, assets, and resources to contribute. . STEP 2: DELIBERATE WITH COMMUNITY OUR CITIZEN ENGAGEMENT MODEL City leaders can build more vibrant communities with support from their citizens. SUSTAIN ENGAGEMENT AND PARTICIPATION BUILD TRUST DELIBERATE WITH THE COMMUNITY Better solutions are unearthed when citizens and city leaders come together. IDENTIFY A CHALLENGE City leaders are uniquely positioned to identify challenges that impact the city at large. SHOW IMPACT With real results, city leaders can celebrate success and fuel further citizen engagement. GET TO WORK When city leaders and citizens collectively take action, stronger results are generated and trust is built. Packet Page. 462 LOVE YOUR BLOCK 4 With community input guiding their planning, city leaders design the Love Your Block initiative. City officials should identify: •How volunteers will be engaged to address the problem, including possible volunteer activities and required skills. For example, does the initiative need volunteers who can run a lawnmower? Do simple home repairs? Have experience with digital technology? Not all volunteers need to be skilled, but make sure that if certain skills are needed, the city recruits for those volunteers and provides training for volunteers where appropriate. •The neighborhoods that are most in need of attention, for example low-income neighborhoods or those that are especially affected by blighted properties. It is important to clearly communicate this focus and get agreement from stakeholders, especially the residents. •The role of the mayor or city chief executive in supporting the initiative. •The role that city agencies or departments will play in implementing the initiative. Some cities assemble a Love Your Block team with representatives from the relevant agencies that will be involved in the neighborhood projects. •City and external resources that are already being directed at the problem, and how volunteers might help those resources go further, either by addressing the problem more effectively or expanding the scope of the city’s response. For example, maybe the city is trying to tackle the problem of vacant lots by mowing the lots once a season; that’s all the city budget can afford. Volunteers might be engaged to “adopt” and care for the vacant lots all year round, or even transform them into community gardens or playgrounds. •Output and outcome metrics that demonstrate that the work is being done and making a difference. For example, square feet of graffiti removed or pounds of litter collected. See Step 7 below for a further discussion of metrics. •Partners — including city agencies, nonprofits, land banks, community foundations, and other organizations — that will be enlisted to help implement and sustain this initiative. Partners may supply funding or expertise or may be more directly involved in coordinating Love Your Block projects. An ideal partner will have experience in organizing and engaging citizens in revitalization projects or providing direct services for these types of efforts. STEP 3: DESIGN THE INITIATIVE THE RANGE OF POSSIBLE VOLUNTEER ACTIVITIES •Graffiti removal •Neighborhood cleanups •Transforming vacant lots •Fixing up or boarding up abandoned properties •Physical assessments of blighted properties •Educational outreach and skills-based support for homeowners facing the threat of foreclosure •Basic code compliance repairs for homes •Minimal residential home retrofits to help reduce homeowner energy bills Packet Page. 463 LOVE YOUR BLOCK 5 Once the initiative has been designed, city leaders connect with city agencies to identify services that can be offered to grantees to support their work. The city services are intended to complement the volunteer efforts, not replace them. Government-provided services could include, but are not limited to: •Providing extra trash collection for neighborhood cleanups •Providing equipment (trash bags, garden tools, gloves, etc.) •Replacing broken or worn-out litter bins •Facilitating city permitting processes to secure access to vacant and abandoned lots •Testing soil on vacant lots •Ensuring access to water for new community gardens •Repairing broken street lights •Repairing potholes and broken sidewalks •Removing impervious surfaces and providing soil, trees, and mulch for green infrastructure to prevent flooding •Training and offering technical assistance for specific activities, such as code compliance, energy-saving home repairs, and boarding up abandoned properties STEP 4: COORDINATE CITY SERVICES POTENTIAL RESPONSIBILITIES OF PARTNER ORGANIZATIONS MAY INCLUDE •Recruiting and managing volunteers •Funding and in-kind support for the initiative •Managing the disbursement of the mini- grants •Advertising grant application deadlines to neighborhood associations, civic organizations, places of worship, and nonprofit organizations •Making flyers and brochures and staffing tables at community events •Training or coaching grant recipients on effective project development and volunteer management •Collecting and synthesizing impact reports •Providing information and expertise on the conversion of vacant, abandoned, and tax delinquent properties into productive use •Connecting Love Your Block projects to other community programs, events, or activities •Creating or managing a tool library where neighborhood groups can borrow tools for cleanup projects; tools are returned after projects are completed for future use by other groups Packet Page. 464 LOVE YOUR BLOCK 6 A key component of Love Your Block program is the mini-grant competition — small grants typically in the range of $500 to $2,000 made from the city to a community partner, such as a neighborhood association or a block club. The mini-grant competition is a great way for the city to generate awareness of and enthusiasm for the initiative, provide seed money and other resources for the most-promising proposals, help empower residents to take ownership over their neighborhoods or blocks, and build the capacity of neighborhood groups to design and implement these programs. The city will need to design a process to solicit mini-grant proposals from neighborhood groups, reach out to relevant communities to make sure that they are aware of the competition and encouraged to apply, and select the winners. Develop a simple request for proposals (RFP) to solicit proposals from neighborhood groups. The RFP should include, at a minimum: •Grantee eligibility •The amount or range of the mini-grant awards •Examples of fundable projects •Examples of activities that are not eligible for funding •Information on the required impact metrics •The menu of city services that will be available Proposals for funding should include, at a minimum: •A description of the project •A plan for engaging neighborhood residents •An outline of volunteer activities •The city services requested •How the grantee intends to use the grant funding •“Before” photos for reporting purposes STEP 5: LAUNCH A MINI-GRANT COMPETITION OTHER MODELS Some cities elect not to do a mini-grant competition. Instead, they may simply provide a set of city resources and services for selected neighborhood projects. For example, the city of Kettering, Ohio, chooses one neighborhood every year to be the focus of Love Your Block. City officials interview residents about their concerns and then work with community partners to fix up those areas with volunteers. In Fall River, Massachusetts, the city created a mobile tool-lending library and an urban tree farm to support neighborhood led community revitalization efforts. Packet Page. 465 LOVE YOUR BLOCK 7 Applications can be considered in cycles (typically four to six months) to allow for planning and coordination of city services. Marketing and outreach: The city should advertise the grant competition broadly to ensure that relevant communities have the opportunity to participate in the initiative. Spreading the word via other local elected officials, such as city council members, can be particularly useful. Community newspapers may be interested in reporting on the opportunity for their readers. Social media can also be a useful communication tool, as can advertisements in city utility bills or other city publications. Select a slate of grant winners: Many cities have found it helpful to create a selection committee of judges comprised of the city agencies and community partners that may be involved in the projects. Cities may find it useful to seek a balance between projects that would require significant levels of agency resources, guidance and coaching and projects that can operate with greater self-sufficiency. Cities should select projects that clearly address the public problems identified during the planning process. Orientation: Cities have found it very useful to conduct an initial orientation meeting for mini-grant recipients. The best times for these meetings are usually after work hours or on weekends. The orientation is an opportunity to: •Get to know the community leaders that will be coordinating the mini-grant projects. •Determine which in-kind city services could enhance the results of the project. Sometimes, representatives from the relevant city agencies are present at orientation meetings to meet grant recipients and discuss available services. •Explain impact-reporting methods and requirements for expenditure and receipt tracking so that grant recipients understand city expectations and how they will be held accountable for use of funds and completion of projects. Completing grant agreements that include clear, quantifiable metrics is strongly recommended. •Request that grant recipients begin thinking about a long-term maintenance plan. Site visits: Based on the availability of city services, the city staff should work with Love Your Block grant recipients to conduct pre-project site visits with agency liaisons and project managers and schedule project implementation dates. Day-of coordination: While much of the coordination will be done by the grantees and partner organizations, it is helpful for city staff to be available to visit sites on project days to ensure that projects go smoothly and city services are delivered as planned and to do additional troubleshooting as necessary. To increase visibility of the initiative, city staff should coordinate the mayor’s or chief executive’s participation in specific community projects and plan for press coverage of neighborhood projects. STEP 6: ACTIVATE VOLUNTEERS Packet Page. 466 LOVE YOUR BLOCK 8 Breaking down barriers to participation: Make it as easy as possible for residents in target neighborhoods to participate. Some ways to increase participation might include: •Holding outreach meetings at times and locations that are convenient to working parents, people on limited income and people with limited mobility. •Translating materials into the languages most spoken in the neighborhood. •Engaging key neighborhood partners (faith-based organizations, community centers, schools, block associations, etc.) to aid with volunteer recruitment. Collecting data on the impact of each Love Your Block project is critical. It serves as a rallying point for project participants, and it demonstrates to volunteers that their efforts make a real difference in their neighborhoods. The city should ask mini-grant recipients to track at least one output and one outcome that are consistent for all the Love Your Block projects. An output shows that work is being done, while an outcome shows that the work is making a difference. •Outputs could include: pounds of litter removed, square feet of graffiti removed, number of community gardens created. •Outcomes could include: reduced risk of eviction, improved public safety, savings on household energy bills. Community groups should also submit before and after photos and report any additional metrics that reflect their specific project as outlined in their work plan. A short community survey can also be a useful way to measure the greater impact on community trust and relationships between city government and residents. STEP 7: MEASURE IMPACT The city of Phoenix, Arizona, provides extra support to Love Your Block grantees by coordinating activities on the day of the event. The city prepares the site to make sure it is safe for volunteers and parks a trailer full of tools at the site for volunteers to use. City staff also arrange for elected officials to attend certain events to meet the volunteers and recognize their efforts. Packet Page. 467 LOVE YOUR BLOCK 9 Once projects are completed and metrics have been collected, the city should share the outcome data with the volunteers, provide opportunities for everyone to discuss what worked and what they might do differently next time, and tell stories of impact. Being open and responsive to feedback is one way that city officials can build deeper, more authentic relationships with the community. By creating opportunities to come together and celebrate success, they show residents how much they appreciate their volunteer efforts and their partnership. To that end, some cities host annual awards celebrations in city hall where they recognize neighborhood leaders for their work on Love Your Block projects. Others host outdoor picnics and gatherings to enjoy new community gardens and clean vacant lots. However the city chooses to do it, make sure you do it — take the time to reflect, acknowledge great efforts and say thank you. Steps should be taken throughout the planning and implementation to ensure the sustainability of Love Your Block initiative and the resulting neighborhood projects. These include: •Determining which city agency or department will oversee the project going forward or finding a partner organization to continue the program. For example, in Richmond, California, the Community Services Department oversees the Love Your Block program. In Atlanta, the Atlanta Community Foundation began to manage the program after the first year and continues to run it six years later. •Identifying funding sources to sustain and grow the initiative, such as local foundations, corporate sponsors, and state and federal sources. Many cities have been able to get line-item funding in their city budgets to continue Love Your Block projects. •Telling the story. City leaders, relevant city agencies and key community partners should communicate the results of this work to the community. This may take the form of a blog on the city website, use of social media, and pitching stories to local press. •Recognizing volunteers, which is an effective recruitment and retention tool. Research by Points of Light Institute and HandsOn Network shows that recognition motivates volunteers and promotes public awareness in local communities. Consider sending thank-you letters or providing information on the impact of the Love Your Block effort (e.g., before and after photos, impact metrics) to those who volunteered. STEP 8: CELEBRATE SUCCESS STEP 9: SUSTAIN THE INITIATIVE Packet Page. 468 LOVE YOUR BLOCK 10 LOVE YOUR BLOCK IN ACTION Strong Program Design. To kick off their Love Your Block program, the city of Lansing organized a bus trip to Flint, Michigan (50 miles away) to learn lessons from that city’s Love Your Block program. The mayor of Lansing at that time, Virgil Bernero, joined 20 neighborhood and community partners on the trip to Flint, where they met with then-mayor Dayne Walling and members of his staff who worked on neighborhood revitalization and Love Your Block. During the visit, Lansing learned important program design elements such as: •The need for a city liaison to neighborhood block clubs and a connection to critical city services •The importance of facilitated and coordinated resident training •The value of public-private sector partnerships and city-county collaboration that can result in innovative solutions. The city also began to understand how Love Your Block can spur new solutions with input from new voices. The Lansing team returned from the trip with new ideas for conducting neighborhood services in Lansing. Andi Crawford, the Lansing Neighborhood Resource Coordinator at the time, and her team immediately began developing the infrastructure and systems to support unified, collaborative action on neighborhood priorities. She began hosting monthly Leaders in Neighborhood and Community Services meetings, opening up communication and sharing resources and best practices between the city and community and business leaders. Activating Volunteers. Neighborhood groups in Lansing are now fighting blight in their communities through the Love Your Block program. Members of three neighborhood organizations partnered with the city and interested citizens to connect several vibrant neighborhoods with biking-walking trails, activities, and art displays by local artists. The Point West Art Trail serves as a gateway to the city and a community gathering place. The city used a $5,000 Love Your Block mini-grant competition to lay the physical groundwork, and, with the help of the city and AmeriCorps VISTAs, volunteers installed signage, crosswalks, and other street features in preparation for the larger project. The VISTAs also helped the team connect with a wide range of partners to encourage buy-in from additional organizations, including the Lansing Department of Parks and Recreation, the Michigan Department of Transportation, and the Department of Planning and Neighborhood Development. Partners raised $26,000 to fund the development of the trail, which today serves as a point of pride for residents. Sustaining the Initiative. Today, Love Your Block is fully institutionalized within Lansing. The city has allocated $40,000 to go toward future Love Your Block grants. Shortly after taking office, Mayor Andy Schor appointed Andi Crawford as the first director of the Department of Neighborhoods and Citizen Engagement — a cabinet-level position akin to the chief service officer role. This appointment was a major signal to citizens that its government wished to work together in bigger and better ways. LANSING, MICHIGAN In collaboration with the city, nearly 500 citizen volunteers have collected over 200 bags of litter, created 100 art displays, and cleaned up 20 parks. Packet Page. 469 LOVE YOUR BLOCK 11 Identifying the Problem. Like all cities that implement Love Your Block, a key component of the program design process for the city of Richmond, California, was to identify a critical public problem the initiative could address. To that end, the city launched a Community Research Process, the goal of which was to “analyze the landscape of local, community- based organizations utilizing volunteers, prioritize the specific challenges the city would address through our initiative, and identify the resources and opportunities available to support the effort.” As part of the process, the Love Your Block team collected surveys to gauge residents’ needs. This process highlighted Richmond’s target neighborhoods, Parchester and North Richmond, which were selected based on their poverty levels, blighted properties, vacant lots, and a high number of reports of illegal dumping. Deliberating with the Community. To promote the initiative and increase community engagement, the city installed an interactive art installation at the Richmond Metro Transportation Center that read, “With $2,000, how would you Love Your Block?” This allowed 225 residents to share their aspirations and concerns for their neighborhoods. Because of its success, there will be another installation in March, 2018, in both English and Spanish. To further engage residents, the city completed a Community Asset Mapping exercise with the Shields-Reid Neighborhood Council to identify resident concerns in North Richmond, followed by a workshop to report the results back to the community and receive additional feedback. In Parchester, the team connected with residents at a local National Night Out event to start the conversation around the issues they were concerned about in their neighborhood. RICHMOND, CALIFORNIA For additional resources and information on Love Your Block, please visit citiesofservice.jhu.edu or contact us at BCPIcivicengagement@jh.edu. Packet Page. 470 Founded in 2009 by New York City Mayor Michael R. Bloomberg and supported through the years by Bloomberg Philanthropies, Cities of Service functions today as an initiative of the Bloomberg Center for Public Innovation at Johns Hopkins University. Cities of Service supports a coalition of more than 300 cities representing millions of people whose mayors and leaders have pledged partnership with residents to solve public problems and create vibrant, thriving communities. Through dedicated commitment to civic engagement, data-driven decisioning, and human- centered design, Cities of Service taps the knowledge, creativity, and service of residents to advance city-led, resident-powered improvements and build stronger cities. Join us at citiesofservice.jhu.edu or follow us on Twitter (X) @citiesofservice and @publicinno. Packet Page. 471 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Luis Portillo, Director of Economic Development Economic Development Adopt Resolution No. 2026-164 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a public utility easement located within San Bernardino Valley College, and reservation of utilities therein. The City Manager recommends adoption of the Resolution. A petition to vacate a public utility easement located within San Bernardino Valley College was received on April 3, 2026, from San Bernardino Valley College, owners of a property located on the corner of Esperanza St and S K St (APNs: 0141-091-02- 0000 through 0141-091-18-0000). The stated reason for the petition to vacate this public utility easement is due to the existing easement is no longer necessary for public use since no public utilities are known to be located within the easement area. Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of Packet Page. 472 notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office. A petition to vacate a public utility easement located within San Bernardino Valley College was received on April 3, 2026, from San Bernardino Valley College, owners of a property located on the corner of Esperanza St and S K St (APNs: 0141-091-02- 0000 through 0141-091-18-0000). The stated reason for the petition to vacate this public utility easement is due to the existing easement is no longer necessary for public use since no public utilities are known to be located within the easement area. On May 20, 2026, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate the street. On May 21, 2026, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the City of San Bernardino Municipal Water Department, informing them of the proposed street vacation. Staff has not received any requests to reserve existing utility easements. Discussion The Resolution will set the date, time, and place of the public hearing as November 18, 2026, at 5:00PM at 555 West 6th Street, San Bernardino, California at the Feldhym Central Library. At that time, interested parties may present comments or evidence to the Mayor and City Council regarding the proposed street vacation. The Resolution of Intention will also direct staff to publish notices of the public hearing in the newspaper, as well as, posting notices along the proposed street vacation as required by the SHC sections 8322 and 8323. Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-445, with reservation of utility easements therein, adopting a Categorical Exemption for the street vacation, and make a final order of vacation for the street as described in the Real Property Street Vacation. The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation 15.30-445 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied. Strategic Goals and Priorities This project is consistent with Key Target No. 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the Packet Page. 473 public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way. Fiscal Impact There is no fiscal impact associated with this action. The applicant has paid $1,020 in fees. Conclusion Adopt Resolution No. 2026-164 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a public utility easement located within San Bernardino Valley College, and reservation of utilities therein. Attachments Attachment 1 – Resolution No. 2026-164 Attachment 2 – Exhibit A – Legal Description Attachment 3 – Exhibit B – Plat Map Attachment 4 - Aerial Map Ward: Third Ward Synopsis of Previous Council Actions: May 20, 2026 The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a public utility easement located within San Bernardino Valley College, and reservation of utilities therein. Packet Page. 474 Resolution No. 2026-164 Resolution 2026-164 9 9 3 3 RESOLUTION NO. 2026-164 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ORDER THE VACATION OF A PUBLIC UTILITY EASEMENT LOCATED WITHIN SAN BERNARDINO VALLEY COLLEGE, AND RESERVATION OF UTILITIES THEREIN WHEREAS, the Economic Development Department previously received a petition to vacate a public utility easement located within San Bernardino Valley College, and the reservation of utilities therein; and WHEREAS, the real property street vacation is due to the existing easement is no longer necessary for public use since no public utilities are known to be located within the easement area; and WHEREAS, the easement vacation will be beneficial to San Bernardino Valley College in improving their while satisfying the Development Code requirements; and WHEREAS, on May 20, 2026, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the public utility easement; and WHEREAS, on May 21, 2026, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the San Bernardino Municipal Water Department informing them of the proposed public utility easement vacation. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The Mayor and City Council of San Bernardino, California hereby declares its intention to order the vacation of public utility easement located within San Bernardino Valley College (No. 15.30-445), and the reservation of utilities therein as described on the legal description attached hereto and incorporated as Exhibit “A” and depicted on the map attached hereto and incorporated herein as Exhibit “B”. SECTION 2.The Mayor and City Council of San Bernardino, California, in vacating the above-described portion of said street, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California. SECTION 3.The hour of 5:00 p.m., on Wednesday, November 18, 2026, at 555 West 6th Street, San Bernardino, California, 92410, is fixed as the time and place when and where all persons interested in or objecting to the proposed vacation areas may appear before the Mayor and City Council of San Bernardino, California, and offer evidence in relation hereto. Packet Page. 475 Resolution No. 2026-164 Resolution 2026-164 9 9 3 3 SECTION 4. The Mayor and City Council hereby direct the City Engineer of the City of San Bernardino to cause a Notice of Street Vacation to be posted as required by said “Public Streets, Highways and Service Easements Vacation Law.” SECTION 5. The City Clerk shall certify the adoption of this Resolution of Intention and shall cause the same to be published once per week for two successive weeks in The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date set forth for the public hearing. SECTION 6. 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 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 City Clerk this 7th day of October 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Albert J. Maldonado, City Attorney Packet Page. 476 Resolution No. 2026-164 Resolution 2026-164 9 9 3 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-164, adopted at a regular meeting held on the 7th day of October 2026 by the following vote: SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2026. Telicia Lopez, CMC, City Clerk Packet Page. 477 EXHIBIT "A" UTILITY EASEMENT VACATION LEGAL DESCRIPTION THOSE PORTIONS OF LOTS 1 THROUGH 18 AND LOTS 56 THROUGH 73 OF JUNIOR COLLEGE HEIGHTS, TRACT NO. 2227, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: AN EASEMENT AND RIGHT OF WAY OVER AND ALONG THE REAR FIVE FEET OF SAID LOTS IN SAID SUBDIVISION FOR THE CONSTRUCTION THEREON AND THEREIN OF SEWERS AND CONNECTIONS, WATER MAINS AND CONNECTIONS, GAS MAINS AND CONNECTIONS, TELEPHONE AND TELEGRAPH AND ELECTRIC ENERGY POLES, WIRES AND CONDUITS AND FOR THE CONSTRUCTION THEREON AND THEREIN ALL APPLIANCES NECESSARY OR CONVINIENT FOR USE IN CONNECTION WITH THE AFORE- SAID UTILITIES. AS SHOWN ON EXHIBIT “B” AND BY THIS REFERENCE MADE A PART. CONTAINING 8,809.40 SQUARE FEET, BEING 0.20 ACRES, MORE OR LESS. _____________________________ ___________ CORY M. KURTZ, L.S. 10004 DATE 04-23-26 Packet Page. 478 civil engineers and land surveyors Snipes-Dye associates Packet Page. 479 HITTING CAGE BULLPEN DUGOUT DU G O U T civil engineers and land surveyors Snipes-Dye associates Packet Page. 480 Street Vacation #15.30-445 San Bernardino Valley College Public Utility Easement Packet Page. 481 3 6 7 9 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Tarik Rahmani, Director of Finance & Management Services Finance & Management Services It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 1 with Eadie Payne, LLP for financial auditing and additional accounting, financial reporting, agreed-upon-procedures services in the not-to-exceed amount of $971,200 for fiscal years ending June 30, 2026 through June 30, 2030, with the option of auditing the City’s financial records for two subsequent years (through June 30, 2032). 2. Authorize the City Manager to execute any and all documents necessary to implement and carry out the approved amendment. The proposed Amendment is for a contract through 2030 with two one year options through 2032. Pursuant to California law, each year, the City engages the services of an independent auditor to audit its financial statements and related internal control procedures. The City sent out a Request for Proposals (RFP) and the internal committee recommended Eadie Payne LLP. The City Council approved the RFP and the City entered into an agreement with Eadie Payne LLP for audit services on April 1, 2026. The City then determined that additional accounting, financial reporting, audit, agreed upon Packet Page. 482 3 6 7 9 procedures and compliance services are more efficiently performed by Eadie Payne LLP in conjunction with its annual audit engagement. Background The purpose of an independent auditor's report for government agencies is to provide stakeholders (citizens, lawmakers) with objective assurance and transparency on financial accountability, program effectiveness, and compliance with laws, improving trust and decision-making by verifying fair presentation, strong internal controls, and proper use of public funds. On May 8, 2025 the City issued an RFP for audit services. Audit services for the fiscal year to be audited usually commence in the month of May of that fiscal year with a review on internal controls and accounting procedures and continue until December of the following fiscal year. The City received six (6) proposals and Eadie Payne LLP was chosen based on their qualifications, expertise, transparency and price. The Council approved the Professional Services Agreement with Eadie Payne LLP on April 1, 2026 in the amount of $542,860 to audit financial statements for fiscal year ending June 30, 2026 through June 30, 2030 with the option to extend the agreement for two subsequent years. The City later determined that additional accounting, financial reporting, audit, agreed- upon procedures, Annual Comprehensive Financial Report (ACFR) preparation, and compliance services are more efficiently performed by Eadie Payne LLP in conjunction with the annual audit engagement than under separate engagement letters or professional service agreements. The additional services include assistance with ACFR preparation, new Government Accounting Standards Board (GASB) pronouncement implementation, Oracle Enterprise Resource Planning financial reporting transition support, Measure S agreed-upon procedures, California Violence Intervention and Prevention Grant Program compliance audit, and additional State Controller’s Office reporting. Amendment No. 1 with Eadie Payne LLP for financial auditing services increases the original not-to-exceed from $542,860 to $971,200. Discussion The City has determined that additional accounting, financial reporting, audit, agreed- upon procedures, and compliance services are more efficiently performed by Eadie Payne LLP in conjunction with its annual audit engagement than under separate engagement letters or professional service agreements. Eadie Payne LLP submitted a proposal to provide Annual Comprehensive Financial Report (ACFR) preparation, financial reporting support, Governmental Accounting Standards Board (GASB) implementation assistance, Oracle Enterprise Resource Planning financial reporting transition support, and related accounting services, Packet Page. 483 3 6 7 9 together with a revised fee proposal for certain additional recurring services requested by the City. Additionally, the City is incorporating the annual Alternative Transportation Fund Audit, the California Violence Intervention and Prevention Grant Program financial and compliance audit, the City’s State Controller’s Office Financial Transactions Report, the Public Financing Authority’s State Controller’s Financial Transactions Report, Measure S agreed-upon procedures, together with related accounting, financial reporting, audit and compliance services. The City Council approved the Professional Services Agreement with Eadie Payne LLP on April 1, 2026 in the amount of $542,860 to audit financial statements for fiscal year ending June 30, 2026 through June 30, 2030 with the option to extend the agreement for two subsequent years. The Eadie Payne LLP amendment no. 1 increases the original amount by $428,340, from $542,860 to a cumulative not-to- exceed amount of $971,200, which includes the additional services described herein. The not-to-exceed amount of $971,200 excludes the two optional years through June 30, 2032. The Finance department will process an additional amendment if the City opts to exercise the two year extension. The Exhibit A -Fees Schedule total amount of $871,200 is the expected total cost for the current agreement term based on one major program for the Single Audit. If it is determined that the Single Audit requires review of additional major programs, the additional $100,000 allows flexibility for review of up to two major programs at $10,000 per major program. 2021-2025 Strategic Targets and Goals Amending the professional services agreement for auditing and additional accounting services aligns with Key Target No. 1: Financial Stability. Fiscal Impact There is no impact to the General Fund with the approval of this action. There is sufficient budget within the FY 2026/27 operating budget to support this amendment. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 1 with Eadie Payne, LLP for financial auditing and additional accounting, financial reporting, agreed upon procedures services in the amount of $971,200 for fiscal years ending June 30, 2026 through June 30, 2030, with the option of auditing the City’s financial records for two subsequent years (through June 30, 2032). 2. Authorize the City Manager to execute any and all documents necessary to implement and carry out the approved amendment. Packet Page. 484 3 6 7 9 Attachments Attachment 1 Professional Services Agreement – Eadie Payne, LLP Attachment 2 Amendment No. 1 – Eadie Payne, LLP Attachment 3 Exhibit A-1 – Eadie Payne, LLP Attachment 4 Exhibit A – Fees Schedule – Eadie Payne, LLP Ward: All Wards Synopsis of Previous Council Actions: N/A CC: Eric Levitt, City Manager Packet Page. 485 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EADIE PAYNE LLP This Agreement is made and entered into as of April 1, 2026 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 Eadie Payne LLP, a Partnership with its principal place of business at 3880 Lemon St., Ste 300, Riverside, CA 92501 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Financial Auditing Services (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. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 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.” 3. Professional Practices. All professional 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. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Packet Page. 150 Packet Page. 486 2 Consultant under this Agreement exceed the sum of $542,860. 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. 6. Term. This Agreement shall commence on the Effective Date and continue through JUNE 30, 2030, unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be 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. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable Packet Page. 151 Packet Page. 487 3 control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. 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 professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession 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. Packet Page. 152 Packet Page. 488 4 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. 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. Packet Page. 153 Packet Page. 489 5 (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. 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). Packet Page. 154 Packet Page. 490 6 (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. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Aviation and/or Drone Liability N/A Packet Page. 155 Packet Page. 491 7 At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. 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 Aviation and/or Drone Liability N/A (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 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. Packet Page. 156 Packet Page. 492 8 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: (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 Packet Page. 157 Packet Page. 493 9 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 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 Packet Page. 158 Packet Page. 494 10 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. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to Packet Page. 159 Packet Page. 495 11 time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. Packet Page. 160 Packet Page. 496 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 Eden C. Casareno 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: Eric Levitt With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Eadie Payne LLP 3880 Lemon St., Ste 300 Riverside, CA 92405 Attn: Eden C. Casareno 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. 161 Packet Page. 497 13 shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. Packet Page. 162 Packet Page. 498 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. Electronic Signature. 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. 163 Packet Page. 499 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EADIE PAYNE LLP IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: ERIC LEVITT City Manager ATTESTED BY: TELICIA LOPEZ, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT EADIE PAYNE LLP EDEN C. CASARENO Partner Signature Name Title Packet Page. 164 Packet Page. 500 16 EXHIBIT A Packet Page. 165 Packet Page. 501 Page 1 of 4 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EADIE PAYNE LLP This First Amendment to the Professional Services Agreement (“First Amendment”) is made and entered into as of October 7, 2026 (“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, California 92401) (“City”) and Eadie Payne LLP (a limited liability partnership with its principal place of business at 3880 Lemon Street, Suite 300, Riverside, California 92501) (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties”. RECITALS A. The Parties entered into a professional services a greement dated April 1, 2026 ("Agreement"), for Consultant to provide independent financial auditing services for the City's financial statements for the fiscal years ending June 30, 2026 , through June 30, 2030 (“Services”); and B. The City has determined that additional accounting, financial reporting, audit, agreed-upon procedures, and compliance services are more efficiently performed by Consultant in conjunction with its annual audit engagement than under separate engagement letters or professional services agreements ; and C. Consultant has submitted a proposal to provide Annual Comprehensive Financial Report preparation, financial reporting support, Governmental Accounting Standards Board implementation assistance, Oracle Enterprise Resource Planning financial reporting transition support, and related accounting services; together with a revised fee proposal for certain additional recurring services requested by the City ; and D. The Parties desire to incorporate into the Agreement the additional and expanded services identified in Exhibit A-1 (subject to the scope, compensation, and authorization requirements set forth in this First Amendment ); and E. The Parties further desire to incorporate the annual Alternative Transportation Fund Audit, the annual California Violence Intervention and Prevention Grant Program financial and/or compliance audit (and similar state or Federal grant compliance audits) for the applicable grant period, the City’s State Controller’s Office Financial Transactions Report, the Public Financing Authority’s State Controller’s Office Financial Transactions Report, and Measure S agreed-upon procedures and reporting, together with related accounting, financial reporting, audit, and compliance services Docusign Envelope ID: EBCE8D12-7AE5-861D-807B-48F6F3208125 Packet Page. 502 Page 2 of 4 expressly identified in Exhibit A-1 without repricing those existing services except as expressly provided in this First Amendment; and F. The Parties now desire to amend the Agreement by revising the scope of services to consolidate the Parties' audit, agreed-upon procedures, financial reporting, compliance, and related professional services under a single agreement; and to increase the total not-to-exceed (“NTE”) compensation only to reflect the additional or expanded services, while otherwise leaving the remaining terms of the Agreement unchanged ). NOW, THEREFORE, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct, and are hereby incorporated herein by this reference. 2. Amendment. The Agreement is hereby amended as follows: a. Scope of Services. Section 2 of the Agreement is revised by deleting Exhibit A in its entirety and replacing it with the revised Exhibit A-1, attached hereto and incorporated herein by this reference . Exhibit A-1 consolidates: (1) services carried forward from the original Exhibit A; (2) services previously authorized through separate engagement letters, proposals, or written authorizations; and (3) new services added by this First Amendment. Exhibit A-1 supersedes and replaces the original Exhibit A from and after the Effective Date. b. Compensation. Section 4.b is revised by replacing the current NTE amount of five hundred forty-two thousand, eight hundred sixty dollars ($542,860) with nine hundred seventy-one thousand, two hundred dollars ($971,200), which amount includes all services described in the revised Exhibit A-1. (1) Single Audit. Consultant shall be compensated ten thousand dollars ($10,000) for the first major program and ten thousand dollars ($10,000) for each additional major program actually required based on the final Schedule of Expenditures of Federal Awards, subject to the applicable NTE. (2) Measure S. The fee for Measure S Agreed-Upon Procedures and Reporting shall remain as provided in the Agreement unless the Parties agree (in a written amendment executed before performance ) to a materially expanded scope, including a stand-alone Measure S audit and related compensation. Nothing in this First Amendment authorizes a retroactive price adjustment for Measure S services already included in the Agreement. (3) Continued Compensation. Except as expressly modified by this First Amendment or Exhibit A-1, Consultant shall continue to be compensated in accordance with the fee schedules and billing provisions of the Agreement. Exhibit A -1 supersedes prior fee schedules only to the extent exp ressly revised therein; existing Docusign Envelope ID: EBCE8D12-7AE5-861D-807B-48F6F3208125 Packet Page. 503 Page 3 of 4 services are not repriced unless the applicable change is expressly stated in this First Amendment or Exhibit A-1. c. Order of Precedence. To the extent any provision of the revised Exhibit A-1 conflicts with the Agreement, the terms of the Agreement as amended by this First Amendment shall control. d. Auditor Independence. The Parties acknowledge that Consultant serves as the City's independent auditor . Consultant shall perform all Services incorporated into Exhibit A-1 in accordance with Government Auditing Standards and applicable independence requirements governing non -attest services. Nothing contained in this First Amendment or Exhibit A-1 shall require Consultant to perform any service that, in Consultant's professional judgment, would impair its independence. e. Existing Engagements. Services identified in Exhibit A-1 that were previously authorized by separate engagement letters, proposals, or written authorizations from and after the Effective Date shall be governed by the Agreement as amended by this First Amendment; except as Exhibit A-1 or a subsequent written agreement expressly provides otherwise. Nothing in this First Amendment alters rights or payment obligations accrued before the Effective Date under any such separate authorization. 3. Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain in full force and effect, and shall govern the actions of the Parties under this First Amendment. Whenever the term “Agreement” appears in the original Agreement from and after the date of this First Amendment, it shall mean the Agreement as amended. 4. Electronic Transmission. A manually signed copy of this First Amendment which is transmitted by facsimile, electronic mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes. This First Amendment may be signed using an electronic signature. 5. Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: EBCE8D12-7AE5-861D-807B-48F6F3208125 Packet Page. 504 Page 4 of 4 SIGNATURE PAGE FOR FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EADIE PAYNE LLP IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment on the Effective Date. CITY OF SAN BERNARDINO Approved By: Eric Levitt City Manager Attested By: Telicia Lopez, CMC City Clerk Approved as to Form: City Attorney Best Best & Krieger LLP EADIE PAYNE LLP Eden Casareno Partner Docusign Envelope ID: EBCE8D12-7AE5-861D-807B-48F6F3208125 Packet Page. 505 Page 1 of 5 EXHIBIT A-1 SCOPE OF SERVICES PROFESSIONAL AUDITING, ACCOUNTING, FINANCIAL REPORTING, COMPLIANCE, AND RELATED SERVICES Eadie Payne LLP (“Consultant”) shall furnish all labor, personnel, supervision, equipment, materials, and professional services necessary to perform the following services as requested by the City of San Bernardino (“City”) during the term of the Agreement; subject to annual appropriations and written authorization by the City where required under the Agreement. Services not expressly included and priced in the applicable fee schedule require prior written authorization by an authorized City official identifying the scope, deliverables, and compensation before work begins. A. Annual Independent Financial Audit. Consultant shall perform the annual audit of the City's financial statements in accordance with Government Auditing Standards ("Yellow Book"), generally accepted auditing standards, applicable Federal and State Single Audit requirements, and all other applicable professional standards including: 1. Annual financial statement audit. 2. Auditor's reports. 3. Internal control and compliance reports. 4. Management letter. 5. Communication with those charged with governance. 6. Audit Committee and City Council presentations. 7. Single Audit, when required. 8. Appropriations Limit Calculation. B. Annual Comprehensive Financial Report (“ACFR”). Consultant shall prepare the City's ACFR from the audited trial balance and information provided and approved by the City, consistent with applicable independence requirements, including: 1. Preparation and formatting of the ACFR based on the audited trial balance and City-provided information. 2. Preparation of government-wide financial statements from City- approved account and fund groupings. Packet Page. 506 Page 2 of 5 3. Preparation of fund financial statements from City-approved account and fund groupings. 4. Assembly and formatting of note disclosures based on current-year information provided and approved by the City. 5. Assembly and formatting of Required Supplementary Information (“RSI”) based on information provided and approved by the City. 6. Assembly and formatting of the statistical section based on information provided and approved by the City. 7. Financial statement formatting. 8. Government Finance Officers Association compliance review, as applicable. 9. Coordination with City staff throughout report preparation, provided that the City retains responsibility for management decisions, account and fund groupings, current-year note disclosures, RSI, statistical information, and the substantive analysis presented in Management's Discussion and Analysis. 10. Coordination with component units, outside agencies, and City staff regarding City-approved financial reporting information necessary for preparation of the ACFR. C. GASB Implementation. Consultant shall assist the City with implementation of Governmental Accounting Standards Board (“GASB”) Statements Nos. 103, 104, and 105, including: 1. GASB Statement No. 103. 2. GASB Statement No. 104. 3. GASB Statement No. 105. 4. Other GASB pronouncements only as separately authorized by the City under Section H. 5. Accounting analyses required to implement GASB Statements Nos. 103, 104, and 105. 6. Disclosure revisions required to implement GASB Statements Nos. 103, 104, and 105. 7. Restatement assistance, if necessary to implement GASB Statements Nos. 103, 104, and 105. Packet Page. 507 Page 3 of 5 D. Oracle Enterprise Resource Planning ("Oracle ERP") Financial Reporting Transition Support. Consultant shall provide financial reporting support associated with the City's Oracle ERP implementation: 1. Extracting and locking the New World financial reporting baseline for conversion and comparative reporting purposes. 2. Creating an external financial reporting shell and crosswalk for Oracle financial reporting. E. Financial Reporting and Annual Reporting Support. Consultant shall provide additional financial and annual reporting support included in the Agreement: 1. Preparation of the City's annual State Controller's Office Financial Transactions Report and the Public Financing Authority's annual State Controller's Office Financial Transactions Report. 2. Measure S agreed-upon procedures (“AUP”) and reporting as provided in the original Agreement. Any materially expanded Measure S audit or financial- reporting services require a written amendment identifying the additional scope and compensation before work begins. F. Compliance Audits. Consultant shall perform additional compliance audits requested by the City: 1. Alternative Transportation Fund Audit. 2. Financial and/or compliance audit required under the City’s California Violence Intervention and Prevention ("CalVIP") Grant Program agreement for the fiscal year ending June 30, 2026, or other applicable reporting period expressly authorized by the City. G. Other Agreed-Upon Procedures and Attestation Engagements. Any agreed-upon procedures or attestation engagement not expressly included in Sections A through F requires prior written authorization by the City identifying the intended users, scope, procedures, reporting period, deliverables, schedule, and compensation. Consultant shall perform any such engagement in accordance with applicable American Institute of Certified Public Accountants attestation standards. H. Other Professional Services. Upon prior written authorization by the City identifying the scope and compensation, Consultant may provide additional services not expressly included in Sections A through F, provided the services do not impair Consultant's independence or otherwise conflict with applicable professional standards including: 1. Financial reporting or technical accounting consultation. 2. Accounting research or analysis. Packet Page. 508 Page 4 of 5 3. Implementation of future accounting standards or pronouncements not expressly included in Section C. 4. Preparation of schedules supporting audited financial statements, to the extent not included in the ACFR services described above. 5. Assistance with the Schedule of Expenditures of Federal Awards, to the extent not included in the Single Audit scope. 6. Balance sheet reconciliation assistance. 7. Capital asset accounting consultation. 8. Lease accounting consultation. 9. Subscription-based information technology arrangement (“SBITA”) accounting. 10. Additional Oracle or other enterprise resource planning financial reporting support beyond the services expressly included in Section D. 11. Additional grant, financial, or compliance audits, AUP engagements, or attestation services not expressly included in Sections A through G. 12. Other accounting and financial reporting services directly related to the annual audit or ACFR and specifically authorized by the City in writing. 13. Other recurring financial transaction, expenditure, certification, or similar reports not expressly included in this Exhibit A-1. I. Compensation. Compensation for services shall not exceed the amount specified in Section 4 of the Agreement as amended. Existing services shall retain the pricing established in the Agreement unless the scope is materially expanded by written amendment. New or materially expanded services shall be performed only at the compensation expressly authorized in the Agreement, this Exhibit A-1, or a subsequent written amendment. The following documents are incorporated by reference solely to the extent they concern services expressly included in this Exhibit A-1 and are consistent with the Agreement as amended: 1. Consultant's Professional Auditing Services Proposal dated June 20, 2025, as accepted by the City solely with respect to services expressly retained in this Exhibit A-1. 2. Consultant's Proposal for Professional Accounting and Financial Reporting Services dated May 21, 2026. 3. Any written task orders or written authorizations issued by the City pursuant to the Agreement. Packet Page. 509 Page 5 of 5 4. Single Audit. Consultant shall be compensated ten thousand dollars ($10,000) for the first major program and ten thousand dollars ($10,000) for each additional major program actually required based on the final Schedule of Expenditures of Federal Awards, subject to the applicable not-to-exceed amount. 5. Measure S. Compensation for Measure S AUP and reporting shall remain as provided in the Agreement. Any materially expanded Measure S audit or financial-reporting services require a written amendment stating the additional scope and compensation; no retroactive repricing of services already included in the Agreement is authorized. 6. In the event of any conflict between the foregoing documents and the Agreement, the Agreement as amended shall control. J. Independence. Consultant shall perform all services in accordance with Government Auditing Standards, the American Institute of Certified Public Accountants Code of Professional Conduct, applicable independence requirements for governmental auditors, and all other applicable professional standards. Nothing contained in this Exhibit A-1 shall require Consultant to perform any service that would impair Consultant's independence as the City's independent auditor, and Consultant shall promptly notify the City if Consultant determines that any requested service may adversely affect such independence. Packet Page. 510 City of San Bernardino Amended Cost for the Fiscal Year Ending June 30th Item No.Description 2026 2027 2028 2029 2030 1 City Audit of Financial Statements 91,250$ 93,990$ 96,810$ 99,710$ 102,700$ 2 Management Letter (include in item no. 1)- - - - - 3 Single Audit ($10,000 per major program) 10,000 10,300 10,610 10,930 11,260 4 Appropriations Limit AUP 1,000 1,030 1,060 1,090 1,120 Total 102,250$ 105,320$ 108,480$ 111,730$ 115,080$ Other Services Item No.Description 2026 2027 2028 2029 2030 1 Measure S AUP 4,510$ 4,650$ 4,790$ 4,930$ 5,080$ 2 City's SCO Report 5,000 5,150 5,300 5,460 5,620 3 PFA's SCO Report 3,000 3,090 3,180 3,280 3,380 Total 12,510$ 12,890$ 13,270$ 13,670$ 14,080$ Item No.Description 2026 2027 2028 2029 2030 1 Core ACFR Preparation Support 35,000$ 31,500$ 27,570$ 28,950$ 30,400$ 3 GASB 103 Restructuring and MD&A Modernization 8,000 - - - - 4 GASB 104 Assets Held for Sale 5,000 - - - - 5 GASB 105 Subsequent Events Disclosure - 2,500 - - - 6 Oracle Data Migration - 14,700 - - - 7 CalVIP Grant Audit 12,000 - - - - 8 Alternative Transportation Fund Audit 12,000 12,600 13,230 13,890 14,580 Total 72,000$ 61,300$ 40,800$ 42,840$ 44,980$ Grand Total 186,760$ 179,510$ 162,550$ 168,240$ 174,140$ EXHIBIT A AMENDED COST FOR FISCAL YEAR ENDING JUNE 30TH EXHIBIT B COST FOR ADDITIONAL SERVICES REQUESTED FOR FISCAL YEAR ENDING JUNE 30TH Packet Page. 511 3 6 0 1 CONSENT CALENDAR October 7, 2026 Honorable Mayor and City Council Members Andrea Russell, Director of Human Resources Human Resources It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute a professional services agreement with Command Investigations, LLC for Pre-Employment Background Screening Services in the amount of $50,000 per year for a period of three (3) years, with two (2) optional one-year extensions for a total not-to-exceed amount of $250,000. The City Manager recommends approval of the 3-year agreement and option for 2 optional one-year extensions. Staff issued a Request for Proposal (“RFP”) for pre-employment background screening services which garnered seven (7) responses. Command Investigations, LLC was found to be the most qualified proposer. The City of San Bernardino currently utilizes AssureHire for pre-employment background screening services. The existing agreement with the City’s current vendor will expire on November 24, 2026. To ensure continuity of services, Staff issued an RFP soliciting qualified vendors to provide pre-employment background screening services. The RFP resulted in seven (7) proposals from the following bidders: Command Packet Page. 512 3 6 0 1 Investigations, LLC., Research Associates, Inc., Robert Freeman & Associates, Intrepida Group, Inc., Welliver & Associates, LLC., Accurate C&S Services, Inc., and Consular Outsourcing BLS Service Inc. The proposals were evaluated based on the bidder’s qualifications, experience, and ability to render services outlined in the RFP’s Scope of Services. Following the evaluation process, Command Investigations, LLC was determined to be the most qualified proposer to provide the City’s pre-employment background screening services. Discussion Command Investigations, LLC has over a decade of experience providing background screening services supporting public sector and private sector organizations with accurate, timely, and compliant information. Command Investigation, LLC experience includes: •Criminal Background Screening •Social Security Number Trace and Identity Verification •National Sex Offender Registry Search •Employment Verification •Education Verification •Professional License Verification •Motor Vehicle Records •Social Media Screening •Additional Screening Services The City requires reliable, compliant background screening services capable of supporting hiring decisions across multiple departments and position types. Command Investigations, LLC screening program is designed to provide accurate results, consistent turnaround times, and clear communication through the screening process. Command Investigations, LLC robust staff will work directly with the City personnel to become familiar with the City’s hiring workflows, timelines, and screening requirements. This approach supports continuity, responsive communication, and efficient issue resolution. The term of the contract with Command Investigations, LLC is for three (3) years with two (2) optional one-year extensions for a total contract term of up to five (5) years. The contract amount shall not exceed $50,000 per year, resulting in a total not-to- exceed amount of $250,000 if both optional one-year extensions are exercised. Strategic Goals and Priorities The request to enter into a professional services agreement for pre-employment background screening services aligns with Key Target No. 2b: Build a culture that attracts, retains, and motivates the highest quality talent by assisting employees in navigating background screening clearances. Packet Page. 513 3 6 0 1 Fiscal Impact No additional appropriation is being requested because sufficient funding already exists. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute a professional services agreement with Command Investigations, LLC for Pre-Employment Background Screening Services in the amount of $50,000 per year for a period of three (3) years, with two (2) optional one-year extensions for a total not-to-exceed amount of $250,000. Attachments Attachment 1 – Professional Services Agreement – Command Investigations, LLC Attachment 2 – RFP Response – Command Investigations, LLC Attachment 3 – RFP Response – Accurate C&S Services, Inc Attachment 4 – RFP Response – Consular Outsourcing BLS Service, Inc Attachment 5 – RFP Response – Intrepida Group, Inc Attachment 6 – RFP Response – Research Associates, Inc Attachment 7 – RFP Response – Robert Freeman & Associates Attachment 8 – RFP Response – Welliver & Associates, LLC Ward: All Wards Synopsis of Previous Council Actions: May 20, 2026 Mayor and City Council authorized the City Manager to execute a second Amendment to the Professional Services Agreement with the current vendor, AssureHire for pre-employment background screening services which expires on 11/24/2026. CC Eric Levitt, City Manager Packet Page. 514 1 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of October 7, 2026 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 Command Investigations a limited liability corporation with its principal place of business at 1540 International Parkway, Suite 3070, Lake Mary, FL 32746 (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 professional services for the following project: (hereinafter referred to as “the Project”). B. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional services for pre-employment background screening services, and possesses the necessary expertise, resources, and personnel to complete the Project in a timely and professional manner as specified herein. 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.” Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project. 3. Professional Practices. All professional 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 Packet Page. 515 2 affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. Packet Page. 516 3 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. 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 professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and Packet Page. 517 4 subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from working on the Services by the Consultant and shall not be re-employed to perform any of the Services. Packet Page. 518 5 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. Packet Page. 519 6 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. Packet Page. 520 7 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. Packet Page. 521 8 (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. h. 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 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. i. 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. Packet Page. 522 9 (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. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VIII 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. k. 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. (vi) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement l. 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 Packet Page. 523