Council delays industrial appeal

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i) Mark Brown v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2025900 ii) Ricardo Paniagua v. City of San Bernardino, et al., United States District Court Case No. 5:25-cv-01181-SSS iii) San Bernardino Development Company, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2405584 B) CONFERENCE WITH LEGAL COUNSEL - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): (2) Cases C) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Clerk (Discussion; Appointment)

Citizen(s) of the Month – Stevie Valencia Jr. – The Essential Barber Club

Proclamation for Hispanic Heritage Month – September 15 – October 15, 2025 (All Wards)

Proclamation for California Native American Day in the City of San Bernardino – September 26, 2025 (All Wards)

Continuation, September 17, 2025, of Public Hearing to Adopt Resolution Denying or Approving Appeal 24-06 of Planning Commission's Approval of Resolution 2024-034-PC that Restored the Conditions of Approval for Administrative Development Permit 22-020 (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2025-352 of the Mayor and City Council of the City of San Bernardino, California denying Appeal 24-06 of Appeal 24-05, thereby upholding the Planning Commission’s approval of Appeal 24-05, which restored the deleted conditions of approval 20 (twenty) through 26 (twenty-six) that were redacted within the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 1 (A1)). OR Adopt Resolution No. 2025-353 of the Mayor and City Council of the City of San Bernardino, California approving Appeal 24-06, thereby overturning the Planning Commission’s approval of Appeal 24-05, regarding conditions of approval 20 (twenty) through 26 (twenty-six), that were redacted through the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 originally drafted for Administrative Development Permit 22-020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 3 (A2)).

Approval of the Draft Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: Conduct a public hearing on the draft Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report; and Authorize its submission to the United States Department of Housing and Urban Development; and Authorize the City Manager or designee to take any further actions and execute any additional documents necessary to effectuate the submission of the Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report.

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: April 2, 2025 Regular Meeting Draft Minutes June 18, 2025 Regular Meeting Draft Minutes July 16, 2025 Regular Meeting Draft Minutes August 13, 2025 Special Meeting Draft Minutes

Irrevocable Agreement to Annex No. 2025-385 to Provide Sewer Services (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-367: Approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 2326 Portola Street, San Bernardino, California, within the unincorporated community of San Bernardino County; and Authorizing the City Manager to execute an Irrevocable Agreement to Annex.

Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 51, Tax Zone No. 51 (Cajon Industrial Park located at the northwest corner of Institution Road and Southern Pacific RR) (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-368: Authorizing the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 51); and Authorizing the levy of special taxes therein.

Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for July 2025 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial, payroll disbursements and purchasing card transactions for July 2025.

Investment Portfolio Report for July 2025 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Investment Portfolio Report for July 2025.

Adoption of Resolution, Establishing the Start Time for the Parks, Recreation and Community Services Commission Regular Meetings (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-369 establishing the start time for the regular meetings of the Parks, Recreation and Community Services Commission.

Authorize the City Manager to Execute Amendment No.1 to the Law Enforcement Services Agreement with the San Bernardino International Airport Authority (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the proposed First Amendment to the Law Enforcement Services Agreement between the City of San Bernardino and the San Bernardino International Airport Authority.

Acceptance of Yuhaaviatam of San Manuel Nation Grant Award Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California (“City”) adopt Resolution No. 2025-370 authorizing: The acceptance of the Yuhaaviatam of San Manuel Nation Grant Award; and The amendment of the Fiscal Year 2025/2026 adopted Budget in both revenue and expenditures by $200,000.

​​Approve Amendment No. 2 to the Agreement with Z & K Consultants, Inc. for Nicholson Park Construction Management and Construction Inspection Services for $167,156.21 for a total amount not to exceed $844,794 (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: Approve Amendment No. 2 to the Professional Services Agreement with Z & K Consultants, Inc. in the amount of $167,156.21 for the Construction Management and Construction Inspection Services for Nicholson Park Improvements, increasing the not to exceed amount to $844,794 (Project); and Authorize the City Manager or designee to execute all documents with Z & K Consultants, Inc.; and Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Authorization to Issue Two Task Orders with Infrastructure Engineers for Inspection Services in Support of the City’s Capital Improvement Program and Land Development for a total amount not to exceed $450,000 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: Approve Task Order No. 2026-001 with Infrastructure Engineers, A Bowman Company, in the amount of $250,000 for inspection services in support of the City’s Capital Improvement Program (CIP); and Approve Task Order No. 2026-002 with Infrastructure Engineers, A Bowman Company, in the amount of $200,000 for inspection services in support of the Land Development Division; and Authorize the City Manager, or designee, to execute both task orders and any related documents necessary to implement these services, consistent with the terms of the existing Professional Services Agreement with Infrastructure Engineers.

Authorization to Issue Two Task Orders with Willdan Engineering for Plan Check, and Staff Augmentation Services in Support of the Land Development Division for a total amount not to exceed $800,000 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: Authorize Task Order No. 2026-001 with Willdan Engineering in the amount of $600,000 for the provision of plan check services in support of the Land Development Division; and Authorize Task Order No. 2026-002 with Willdan Engineering in the amount of $200,000 for the provision of staff augmentation in support of the Land Development Division; and Authorize the City Manager or designee to execute both task orders and any related documents necessary to implement these services, consistent with the terms of the existing on-call Professional Services Agreement with Willdan Engineering.

Approve the Memorandum of Understanding with the San Bernardino Municipal Water Department for the Total Lease Amount Not to Exceed $354,098 for Water Department Property (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-371: Authorizing the City Manager to Execute the Memorandum of Understanding (MOU) with the San Bernardino Municipal Water Department (SBMWD) for the lease of Water Department Property at 333 Chandler Place; and Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Animal Shelter operating budget in the amount of $66,696.00 for the lease of Water Department Property at 333 Chandler Place.

Discuss a Potential for a One-Year Moratorium on the Sale and Use of Fireworks Within the City of San Bernardino and/or Restriction on Permitting and/or Increasing Fines and Enforcement; to be Brought Back to the City Council Within the Next 60 Days (All Wards) – (Council Member Ortiz)

Direct Staff to Research and Bring Back a Policy Proposal Within 45 Days Evaluating the Feasibility of Requiring All Public and Private Homeless Shelters, Interim Housing Facilities, Homeless Recuperative Care Centers and Similar Facilities Operating Within the City of San Bernardino to Allocate of Minimum of 40% of Beds, Rooms and Service to the City of San Bernardino to Effectively Address the City’s Unhoused Population, Demonstrate the Ability to Provide Shareable Data (As the Law Permits) and Track Participant Outcomes for No Less Than Six months, Submit a 12 Month Security Plan Annually for Approval, Reimbursement Requirement for Any Nuisance Complaints and Increased Service Demands as a Result of the Project, and Complete Interior and Exterior Facility Upgrades that Enhance Neighborhood Aesthetics and Align with Current City Standards. (All Wards) - (Council Member Knaus)

Direct the City Manager to Convene a Special Meeting or Workshop of the Mayor and City Council Within 30 to 60 Days to Provide a Comprehensive Update on the Navigation Center and City-Funded Homeless Service Contractors, Including Project Status, timeline, Budget, Funding, and Performance Outcomes from 2022 to Present. (All Wards) - (Council Member Shorett)