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1-15-2020 Revised M&CC Agenda
CITY OF SAN BERNARDINO AGENDA F OR THE R EGULAR M EETING OF THE M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S UCCESSOR H OUSING A GENCY TO THE R EDEVELOPMENT A GENCY, AND M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE H OUSING A UTHORITY WEDNESDAY, JANUARY 15, 2020 5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION C OUNCIL C HAMBER 555 W EST 6 TH S TREET S AN B ERNARDINO, CA 92410 WWW.SBCITY.ORG John Valdivia Theodore Sanchez James Mulvihill M AYOR C OUNCIL M EMBER, W ARD 1 C OUNCIL M EMBER, W ARD 7 Sandra Ibarra Teri Ledoux C OUNCIL M EMBER, W ARD 2 C ITY M ANAGER Juan Figueroa Gary D. Saenz C OUNCIL M EMBER, W ARD 3 C ITY A TTORNEY Fred Shorett C OUNCIL M EMBER, W ARD 4 C ITY C LERK Henry Nickel VACANT C OUNCIL M EMBER, W ARD 5 C ITY T REASURER Bessine L. Richard C OUNCIL M EMBER, W ARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip. Speaker slips must be turned in to the City Clerk. You may email your request to speak to publiccomments@sbcity.org prior to 5:30 p.m. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. o There is a 3-minute-per-person time limit for all comments, excluding public or quasi-judicial hearings. o Written comment on any item may also be submitted to the City Clerk to be included in the meeting record. It will not be read aloud by the City Clerk. o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item. o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. o 909)384-5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o accessed online by going to www.sbcity.org. o Please turn off or mute your cell phone while the meeting is in session. Regular Meeting Agenda January 15, 2020 CALL TO ORDER Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Henry Nickel Council Member, Ward 6 Bessine L. Richard Council Member, Ward 7 James Mulvihill Mayor John Valdivia City Clerk Georgeann "Gigi" Hanna City Attorney Gary D. Saenz City Manager Teri Ledoux 5:30 P.M. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. San Bernardino Municipal Water Department v. United States of America, United States District Court Case No. 2:96-cv-08867 MRP- JG (C.D. Cal. Decree Approved March 23, 2005) ii. Susan Davis v. City of San Bernardino- 137053 iii. Anthony Castro v. City of San Bernardino- 141450 iv. Ro CSBY-9766 v. 19-139488 vi. ADJ1092715, ADJ3728783, ADJ4657808, ADJ693593, ADJ9657857, ADJ10586898, ADJ1058699, and ADJ10771058 vii. - 139398 viii. CSBY-10306 ix. Jarrod Burgu- 137447 x. - 10204 xi. - 10058 Mayor and City Council of the City of San Bernardino Page 2 Printed 1/13/2020 Regular Meeting Agenda January 15, 2020 xii. Von Verbanic v. City of San - 139488 xiii. Andrea Miller v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1926878 xiv. Gary Saenz and Georgeann Hanna v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1919509 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two cases (C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One case 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. Proclamation - National Mentoring Month - Network - Mayor John Valdivia 2. Certificate of Recognition - - Mayor John Valdivia 3. Certificate of Recognition - Citizen of the Month - Martin Valencia - Mayor Pro Tem/Sixth Ward Council Member Bessine Richard 4. Chamber of Commerce & Local Elected Officials Announcements PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA STAFF REPORTS 5. Election of Mayor Pro Tempore Recommendation Open nominations for a member of the City Council to serve as Mayor Pro Tempore until the second regularly scheduled City Council meeting in December 2020. 6. Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc. for Federal Legislative Advocacy Services Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to issue a 10-Day Notice of Termination to Mayor and City Council of the City of San Bernardino Page 3 Printed 1/13/2020 Regular Meeting Agenda January 15, 2020 Federal Advocates Inc., pursuant to Section 21 of the Agreement between the City and Federal Advocates Inc.; and direct the City Manager to negotiate with Townsend Partner, the Federal legislative advocacy service, recommended by staff at the October 2, 2019, meeting. 7. Oral Report-Public Safety Updates Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive an oral report providing updates regarding Public Safety. 8. Violence Intervention Program (VIP) Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file an update report on the Violence Intervention Program (VIP); and 2. Adopt Resolution No. 2020-3, authorizing the City Manager to submit a funding proposal to the California Board of State and Community Corrections, California Violence Intervention & Prevention Grant Program (BSCC, CalVIP) to continue 9. Strategic Planning Work Session Report and 2020 Action Plan Recommendation Adopt Resolution No. 2020-5 of the Mayor and City Council of the City of San Bernardino, California, approving the Strategic Planning Work Session Report and the 2020 Action Plan. 10. Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Expansion Area Recommendation Adopt Resolution No. 2020-24 of the Mayor and City Council of the City of San Bernardino, California amending the boundary of the Norton Air Force Base Nexus Study Zone Expansion Area. 11. Police Management Association Salary Survey Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Direct the City Manager to re-negotiate the salary survey with the Police Management Association; -OR- 2. Adopt Resolution No. 2020-13 updating the salary for the San Bernardino Police Department Range P-6 (Assistant Chief) effective August 1, 2019 and approving a basic compensation plan for the Police Department; and Mayor and City Council of the City of San Bernardino Page 4 Printed 1/13/2020 Regular Meeting Agenda January 15, 2020 3. Authorize the Director of Finance to amend the FY 2019-20 budget and transfer $37,503.00 from account number 001-210-0084-5014 (dispatch part-time salaries) to account number 001-210-0001-50xx (police administration full-time salary and benefits). 12. Request to Amend Commercial Cannabis Business Permit to Provide a Change in Location from 4130 W. Hallmark Parkway to 390 N. H Street Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial cannabis business permit location change requested by Nibble This, LLC. PUBLIC HEARINGS 13. Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Zone No. 4, APN 0266-041-39, Adoption of Resolutions for Annexing into the Community Facilities District, and First Reading of an Ordinance Amending Ordinance Levying Special Taxes for Fiscal Year 2020-21 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. 2020-20 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. 3); and 3) Hold a special landowner election and canvass the election; and 4) Adopt Resolution No. 2020-21 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. 3); and 5) Introduce Ordinance No. MC-1528 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 2020-21 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6) Schedule the final reading and adoption of Ordinance No MC-1528 for February 5, 2020. Mayor and City Council of the City of San Bernardino Page 5 Printed 1/13/2020 Regular Meeting Agenda January 15, 2020 14. Extend a Moratorium on the Approval of Land Use Entitlements Related to Urgency Ordinance No. MC-1527 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, read by title only, waive further reading, and adopt Urgency Ordinance No. MC-1529, extending a moratorium by 10 months and 15 days on the approval of land-use entitlements and license or permit applications, allowing for the operation of public or private social service uses or welfare operations at any location within 750 feet of any residentially-zoned property within the City. CONSENT CALENDAR 15. October and November 2019 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in November and December 2019. 16. Approval of Commercial and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for November and December 2019. 17. Monthly Report of Investment Transactions as of November 30, 2019 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Report of Investment Transactions for the month ending November 30, 2019. 18. Inland Center Mall Police Substation Lease Recommendation Adopt Resolution No. 2020-12 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute an agreement to lease a space for a police substation at the Inland Center Mall according to the terms of the lease agreement; and 2. Authorize the Director of Finance to appropriate $20,000 from the Asset Forfeiture Fund Balance into the FY 2019/2020 adopted budget. 19. Agreement for Legal Services with Lynberg & Watkins Recommendation Adopt Resolution No. 2020-22 of the Mayor and City Council of the City of San Bernardino, California, ratifying the Retention Agreement with Lynberg & Watkins and authorizing the City Manager to execute the Amendment to the Retention Agreement. Mayor and City Council of the City of San Bernardino Page 6 Printed 1/13/2020 Regular Meeting Agenda January 15, 2020 20. Basic Compensation Plan for Temporary/Part-Time and Seasonal Employees of the City of San Bernardino Recommendation Adopt Resolution No. 2020-6 of the Mayor and City Council of the City of San Bernardino, California, establishing a basic compensation plan for temporary/part- time and seasonal employees of the City of San Bernardino and repealing Resolution No. 2019-28. 21. Salary Schedules for Full-Time Miscellaneous Classifications Recommendation Adopt Resolution No. 2020-7 of the Mayor and City Council of the City of San Bernardino, California, approving revised salary schedules for the full-time miscellaneous classifications of the City of San Bernardino for Fiscal Years 2015/16, 2017/18, 2018/19 and 2019/20 in compliance with the California Public ions and amending Resolution No. 2019-269. 22. Receive and File the Audited Comprehensive Annual Financial Report of the City of San Bernardino Municipal Water Department for Fiscal Year Ended June 30, 2019 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the audited Comprehensive Annual Financial Report of Collection utilities for the Fiscal Year ended June 30, 2019. 23. Senior Services Trust Accounts Transfer to the General Fund for FY 2019/20 Recommendation Adopt Resolution No. 2020-8 of the Mayor and City Council of the City of San Bernardino, California, approving Senior Services Trust Accounts Transfer to the General Fund for FY 2019/20. 24. Amendment No. 3 to Consulting Services Agreement with Moore Iacofano Goltsman, Inc for Signage Regulations Recommendation Adopt Resolution No. 2020-9 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute Amendment No. 3 to the Consulting Services Agreement with Moore Iacofano Goltsman, Inc. (MIG) to extend the term to December 31, 2020, for the completion of the Comprehensive Signage Regulations Update. 25. Repayment to Local HOME Account for 2011 Housing Acquisition, Rehabilitation & Resale Property Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: Mayor and City Council of the City of San Bernardino Page 7 Printed 1/13/2020 Regular Meeting Agenda January 15, 2020 1. Approve the repayment of $207,030 in HOME funds expended on the property at 140 13th Street, San Bernardino; and 2. Direct the Finance Director to transfer $207,030 from the Successor Agency Housing Cash account (127-1001-001) to the HOME Program Income account (117-180-0000*4699), immediately upon approval of this recommendation; and 3. Direct the Finance Director to provide proof of such transfer in a form acceptable to the US Department of Housing and Urban Development and authorize the Finance Director to amend the FY 2019-20 Adopted Budget accordingly. 26. Consider Initiating an Annexation of the Remaining Unincorporated Island of Land Abutting the Spring Trails Specific Plan Area Recommendation Adopt Resolution No. 2020-11 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex a 26-acre area containing six parcels in the unincorporated County that is totally-surrounded by the City of San Bernardino, and direct the City Manager to submit the Resolution to the Executive Officer of LAFCO. 27. 2019 Building Code Adoption Final Reading Recommendation Accept for final reading and adopt Ordinance No. MC-1525 of the Mayor and City Council of the City of San Bernardino, California, approving the adoption of the 2019 California Building Codes as proposed and amended. 28. 2010A and 2010B Series Tax Allocation Bond Proceeds-Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the staff report regarding the status of the 2010A and 2010B Series Tax Allocation Bonds proceeds. 29. Anne Shirrells Park and Community Center Capital Improvement Project and Lease Amendment Recommendation Adopt Resolution No. 2020-14 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the City Manager to amend the Lease between the City of San Bernardino and Akoma Unity Center for use of Anne Shirrells Community Center facility at 1367 North California Street, San Bernardino, California from July 1, 2018 through June 30, 2026; and 2. Amending the FY 2019/20 Adopted Budget to include the Anne Shirrells Community Center Improvements Project; authorizing the Director of Finance to accept the $135,000 contribution from the MAC Foundation; and appropriating $83,308 from the Cultural Development Fund Balance (Fund 247) to the Capital Improvements Project to complete the project. Mayor and City Council of the City of San Bernardino Page 8 Printed 1/13/2020 Regular Meeting Agenda January 15, 2020 30. Award of Construction Contract for Lytle Creek Community Center Park Roof Replacement Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, provide direction to staff regarding the Lytle Creek Community Center -15: 1. Authorizing the Director of Finance to amend the FY 2019/20 CIP to include total project cost amount of $62,000; and 2. Approving the award of a Construction Contract with San Marino Roof Co. Inc. in the amount of $51,837 with a contingency in the amount of $5,413 for construction of the Project; and 3. Authorizing the City Manager or designee to execute contract documents and purchase orders in support of the Project; and 4. Authorizing the Finance Director to reallocate unused Community Development Block Grant Funds from this project to other approved CDBG eligible Public Works projects. 31. Burrtec Settlement and Release Agreement Recommendation Staff recommends that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2020-16 of the Mayor and City Council of the City of San Bernardino, California, approving the Settlement and Release Agreement between the City of San Bernardino and Burrtec Waste Industries, Inc.; and 2. Authorize the Finance Director to appropriate $630,194 from the Integrated Waste Management Fund to fund the settlement agreement with Burrtec Waste Industries. 32. DIF Credit/Agreement ((Municipal Code §§ 3.27.140, 150) with CH Realty VIII/I San Bernardino Waterman, L.P for Storm Drain Improvements Recommendation Adopt Resolution No. 2020-17 of the Mayor and City Council of the City of San Bernardino, California approving the Development Impact Fee Credit Agreement L.P (CH), in , which will 33. Street Vacation of Portions of Home Avenue, "I" Street and Montgomery Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize City staff to proceed with the request to vacate portions of Mayor and City Council of the City of San Bernardino Page 9 Printed 1/13/2020 Regular Meeting Agenda January 15, 2020 34. Purchase and Sale Agreement 340 W. 40Th Street Recommendation Adopt Resolution No. 2020-19 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Partial Purchase and Sale Agreement with Bryan Henley and Sharland L. Henley for the property th located at 340 W. 40 Street. 35. Award of Construction Contract to S&H Civil Works for Citywide Concrete Repairs Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, provide direction to staff regarding the Citywide Concrete Repairs Project -23: 1. Approving the award of a Construction Contract with S&H Civil Works in the amount of $536,880 for citywide concrete repairs; and 2. Authorizing the Finance Director to increase the total project budget amount to $645,000, including the cost of the Construction Contract in the amount of $536,880, project contingency in the amount of $54,000, and engineering and inspection budgets in the amount of $54,120; and 3. Authorizing the Finance Director to amend the FY 2019/20 adopted budget to allocate $145,000 in Community Development Block Grant Funds from Lytle Creek Community Center Roof Replacement to the Project; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 36. Authorization to Proceed with Street Vacation of Portion of Artesia Street Recommendation It is respectfully recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed street vacation of a portion of Artesia Street. 37. Citywide Safety Camera Maintenance Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-4, authorizing the City Manager to execute a Vendor Service Agreement between the City of San Bernardino and CelPlan Technologies, Inc., and to issue a purchase order in an amount not to exceed $165,000. Mayor and City Council of the City of San Bernardino Page 10 Printed 1/13/2020 Regular Meeting Agenda January 15, 2020 38. Fee Waiver Requests for the Martin Luther King Parade on January 20, 2020 Recommendation Approve a fee waiver request from Youth Power Community Solutions and Youth Build IE for the Martin Luther King Parade Event on January 20, 2020 and authorize an appropriation totaling $3,000 from Fund 247-1001-002 (Cultural Development Fee) for Public Works- Street Maintenance overtime costs to provide assistance for event. ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED 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 Wednesday, February 5, 2020 in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. CERTIFICATION OF POSTING AGENDA reby certify that the agenda for the January 15, 2020 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency treet, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, sbcity.org Thursday, January 9, 2020. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Mayor and City Council of the City of San Bernardino Page 11 Printed 1/13/2020 Regular Meeting Agenda January 15, 2020 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. 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. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Mayor and City Council of the City of San Bernardino Page 12 Printed 1/13/2020 5 Staff Report City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager Subject: Election of Mayor Pro Tempore Recommendation Open nominations for a member of the City Council to serve as Mayor Pro Tempore until the second regularly scheduled City Council meeting in December 2020. Background Charter that applies best practices for municipal governance and provides a clear and streamlined structure based on the Council/Manager form of government where day-to- day management of the City has shifted from the Mayor to the City Manager. Revisions to various administrative policies and the Municipal Code were required to implement the Charter. On April 3, 2017, the City Council adopted Ordinance MC-1441 repealing and replacing Section 2.01.010 regarding the Mayor Pro Tempore position. Section 2.01.010 of the San Bernardino Municipal Code provides that at the second regularly scheduled meeting in December of each year, the City Council shall elect a Council Member to serve as Mayor Pro Tempore. Discussion Council Member Bessine Richard is currently serving as Mayor Pro Tempore. 2019-20 Goals and Objectives Improve City Government operations. Fiscal Impact None. Conclusion It is recommended that the Mayor open nominations for the Mayor Pro Tempore, accept nominations, conduct an election, and elect Mayor Pro Tempore to serve through the second regularly scheduled City Council meeting in December 2020. Packet Pg. 13 Page 1 5 6585 Attachments None. Ward: ALL WARDS Packet Pg. 14 Page 2 6 Staff Report City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager Subject: Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to issue a 10-Day Notice of Termination to Federal Advocates Inc., pursuant to Section 21 of the Agreement between the City and Federal Advocates Inc.; and direct the City Manager to negotiate with Townsend Partner, the Federal legislative advocacy service, recommended by staff at the October 2, 2019, meeting. Background On October 2, 2019, the Mayor and City Council adopted Resolution No. 2019-301, approving an agreement with Federal Advocates Inc., to provide Federal legislative advocacy services. At that time, the Mayor and City Council also approved an agreement with Gonsalves and Sons to provide State legislative advocacy services. On October 16, 2019, the Mayor and City Council adopted Resolution No. 2019-312 approving an amendment to the agreement with Federal Advocates Inc., to revise the insurance requirements. Discussion Federal Advocates Inc. has been providing legislative services since October 2019. The Mayor and City Council chose Federal Advocates because of their reputation and familiarity with the current Federal administration and felt that relationship would be beneficial to San Bernardino. However, more recently it has been brought to our In light of these recent events, staff is recommending that the Mayor and City Council terminate the agreement with Federal Advocates, Inc. Should the Mayor and City Council wish to continue with the services of a federal lobbyist, staff could re-negotiate with Townsend Partners, the other Federal legislative advocacy proposer, as recommended by staff at the October 2, 2019 Mayor and City Council Meeting. 2019-20 Goals and Objectives Terminating the agreement with Federal Advocates Inc. aligns with Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner. Packet Pg. 15 Page 1 6 6584 Fiscal Impact The one (1) year agreement with Federal Advocates Inc. is for an amount not to exceed $100,000 or $8,333.33 per month. Cancelling the agreement effective January 26, 2020, would provide a savings of $41,667 in FY 2019/20 and $25,000 in FY 2020/21. Those savings could be applied to a new agreement for services with another Federal legislative advocacy firm or treated as savings to the General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to issue a 10-Day Notice of Termination to Federal Advocates Inc., pursuant to Section 21 of the Agreement between the City and Federal Advocates Inc.; and direct the City Manager to negotiate with Townsend Partner, the Federal legislative advocacy service, recommended by staff at the October 2, 2019, meeting. Attachments Attachment 1 10-07-2019 Agreement with Legislative Advocacy Services Ward: All Synopsis of Previous Council Actions: October 2, 2019 Mayor and City Council adopted Resolution No. 2019-301, approving an agreement with Federal Advocates Inc. October 16, 2019 Mayor and City Council adopted Resolution No. 2019-312 approving an amendment to the agreement with Federal Advocates Inc. Packet Pg. 16 Page 2 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 17 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 18 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 19 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 20 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 21 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 22 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 23 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 24 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 25 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 26 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 27 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 28 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 29 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 30 6.a Attachment: CM.LegislativeAdvocates (6584 : Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.) Packet Pg. 31 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 7 Staff Report City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Eric McBride, Acting Chief of Police Subject: Oral Report-Public Safety Updates Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive an oral report providing updates regarding Public Safety. Packet Pg. 32 Page 1 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 8 Staff Report City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager Subject: Violence Intervention Program (VIP) Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file an update report on the Violence Intervention Program (VIP); and 2. Adopt Resolution No. 2020-3, authorizing the City Manager to submit a funding proposal to the California Board of State and Community Corrections, California Violence Intervention & Prevention Grant Program (BSCC, CalVIP) to continue Background The Program Approach The City of San Bernardino has averaged 44 homicides a year for well over three decades, making it one of the most violent cities in the country. In 2017, in an effort to reduce violence in high risk populations, the City adopted a violence reduction strategy widely referred to as Ceasefire. This approach has been successfully implemented in communities throughout the country, including the California cities of Stockton and consists of the following components: (1) Analyze serious violent incidents and trends to better understand the circumstances driving violence. Use these findings to identify the small group of financial resources where they will be most effective in making the City safe. (2) Convene community, civic and criminal justice leaders to directly and respectfully communicate the risks generated by involvement in violence and the options for reducing that risk to help those at highest risk make informed choices about their future. (3) Connect individuals at highest risk of involvement in violence to life coaches, case managers and other service providers that use evidence-based service Packet Pg. 33 Page 1 8 6542 strategies that lead to safety and self-sufficiency. (4) resources on the relatively small number of individuals who persist in serious violence creating a danger to the community and themselves. Successful implementation requires all four of the program components identified above and managed through the use of performance metrics reviewed on a monthly basis. Laying the foundation for successful implementation To build a foundation for successful implementation, in the last twenty-four months, the VIP partners accomplished the following: Beginning in February 2018, the San Bernardino Police Department (SBPD) initiated -based police practice that involves front line police officers leading a three-part weekly meeting to analyze and manage violence taking place within the City including: a. A thorough review of shootings, homicides, and other violent incidents that focus on the people involved; the circumstances and motives; street networks; and conflicts among networks and the likelihood of retaliation. b. A problem solving discussion and planning to employ intelligence, communication, and enforcement to address violent activity. c. Use of reports and performance metrics to ensure timely follow-through on the incident reviews and strategy discussion. The VIP program manager worked with the California Partnership for Safe Communities to those at high risk of violence. With the grant award in place, on December 5, 2018, the Mayor and City Council of the City of San Bernardino approved professional service -based supportive services began in January 2019 with the following contractors: a. Victory Outreach of San Bernardino and Young Visionaries Youth Leadership Academy were tasked with building individual and group relationships with those at highest risk of involvement in violence; working proactively to reduce tensions and conflicts that could escalate to violence or lead to retaliation after violence occurs; developing and carrying out community engagement plans and strategies; planning and implementing the communication component of the VIP strategy, including one-on-one and group-based meetings. b. Clay Counseling Foundation was selected to provide intensive case management services to those identified at weekly service coordination meetings and call-in notifications. Clay delivers supportive services and assists clients with conflict resolution, relocation, and evidence-based cognitive behavioral therapy/counseling; assists clients with designing life and safety plans to enable high-risk individuals to set personal safety priorities. Packet Pg. 34 Page 2 8 6542 -based supportive violence reduction strategy. Discussion The goals of the program are to reduce group related violence as measured by homicides and non-fatal shootings by 10 % by fiscal year 2020-2021. This update draws on goal oriented work performed during the period from January 9, 2019, through December 31, 2019. During this period, VIP Manager, worked closely with the CPSC, VIP service providers and enforcement stakeholders, and has accomplished the following: 1. Built a foundation for using facts to inform action and guide the investment of limited public resources. Building on the problem analysis, VIP manger worked with the VIP service providers to complete a needs assessment and developed service strategies. o Conducted a systematic review of 111 of the homicides that took place in the City from January 2015 through June 2017. These incidents directly involved 189 individuals, including victims and shooters. The review examined: (a) the circumstances of the incident; (b) the demographics of the individuals directly involved, and their criminal justice system involvement; (c) the role of networks and relationships in increasing the risk of violence; and (d) the concentration of violence throughout the City. o Developed and carried out a needs assessment survey consisting of face-to- face interviews with 110 high-risk individuals in the City of San Bernardino. The survey findings focus on the 38% of respondents (42 individuals) who were at very highest risk of involvement in violence as victims or suspects. The survey employed a participatory research model designed to obtain critical information on the service needs of this especially hard-to-reach population. 2. Developed and strengthened services and supports through a series of intensive workshops. Specifically, this included intervention and case- management involvement in violence as suspects or victims. o The VIP program strategy includes violence intervention and intensive case management functions - which draw on best practice and emerging research findings, including trauma-informed cognitive behavioral therapy, and are tailored to an especially high-risk population. These practice approaches, for example, feature small caseloads, multiple high-quality contacts each week, and the use of case management tools. o The team responded to 175 incidents of violence identified at service coordination meetings; mediated conflicts between local communities impacted by group-related violence; provided relationship-based intervention supportive Packet Pg. 35 Page 3 8 6542 services to 226 individuals and their families. The team developed & implemented client referral forms and intake protocols; executed home & follow up visits with high-risk individuals. Case managers further developed customized comprehensive case plans for 60 high risk individuals that included referrals to services such as housing, food, education, job training and placement services. o The strategic priority for the VIP at any given time is now determined through a data-driven collaboration. Using the assessment of risk developed in Shooting Reviews, the VIP field staff and supervisors meet to develop a shared understanding of the risk assessments and begin the process of mobilizing a wide range of services and supports crucial to reducing that risk on a rapid timetable. These presentations follow strict confidentiality protocols and include descriptions of actively violent groups and conflicts. 3. Carried out the first VIP call-in, which consists of the direct, respectful communication of a proven-effect individuals at highest risk of violence. Direct, respectful communication of an anti-violence message which includes information about the risks associated with violence and the opportunities to step away from it. This messaging takes place via small--- meeting was a key milestone in implementation. The October 28, 2019, call-in agenda consisted of the following. o 50 people participated in this meeting: (a) fifteen people at high risk and family members, the focus of the meeting; (b) eight speakers, a mix of community leaders criminal justice agency representatives, and former clients, who each spoke for about three minutes; and (c) eight outreach workers, service providers, and other supporters. The meeting was convened at Victory Outreach. o The speakers shared their commitment to keeping the young men alive and out of jail and prison, while providing clear information about the risks of violence commitment to help participants reduce risk and realize the goals they have for their lives and their families. Although the information about risk was bracing the tone was conversational, and the speakers avoided lecturing or sermonizing. o The overall agenda, the messaging, and the meeting logistics are designed to increase the likelihood that participants will engage in services - that is, this section of the meeting is carefully designed to function as an intake process that results in engagement in follow-up services specifically designed to reduce the risk of violence. The backbone of this follow-up process is a of responses to the sources of risk. A key objective of this operational component is to steadily increase the service-engagement rate. Packet Pg. 36 Page 4 8 6542 4. Helped develop strong partnership-based management processes. o The VIP enforcement and service partners now convene a cycle of weekly meetings that generate quick, well-planned responses to violence. In San Bernardino, the focus has to be this continuous and intensive: A dangerous violent incident takes place almost every day and rapidly spurs retaliatory shootings and other violence. The VIP community-based contractors provided 13,000 hours of supportive services to a total of 250 individuals at risk of involvement in violence. Working with the VIP program manager and CPSC, the contractors have steadily strengthened and increased their efforts. Out of the 250 people served, 60 received comprehensive service provisions that include life and safety plans for immediate family. City staff prepared and submitted timely fiscal and programmatic progress report to the Board of State & Community Corrections. City is in good standing with State funder and well positioned to receive additional funding should the City decide to apply for a three and half year matching grant. San Bernardino Police Department The SBPD has worked to strengthen the weekly review of shootings and homicides. These meetings are vital to information sharing and provide a forum where investigative strategies can be discussed and established, preventing duplication of work by different divisions within the agency. Departmental Reorganization As part of building a foundation for violence reduction efforts, recent changes to the structure of the department including the addition of Community Policing Districts have include: o Establishing the Special Investigations Unit which is an intelligence driven, plain- clothes unit specifically developed to focus on gangs and gang violence. o Re-establishing a street-level Vice/Narcotics unit with a specific mission to focus enforcement efforts on the gangs and/or individual members of those gangs most at risk for violence. o Providing proper equipment and training to members of investigative units allowing them to be as proficient as possible in investigating violent crimes. o Establishing a plan to build a special investigative unit to address issues of human trafficking and the associated issues of violence and blight. o investigation capacity. Strengthening Community Partnerships & Strategy Impact While strong community partnerships has always been a priority a focused effort has been made by the SBPD to bolster existing relationships with a focus on increasing the effectiveness of the Violence Intervention Program (VIP). Leveraging these Packet Pg. 37 Page 5 8 6542 relationships to establish a united front against violence in the City is a cornerstone of the program and therefore has been a top priority for the Department. some reductions as a result of the reorganizing of the police department and community-based supportive service response to violence. Using 2018 crime statistics as the baseline data, the City experienced a year to date 6% reduction in overall homicides (49 homicides in 2018 and 46 in 2019) and, an 11% reduction in gang related homicides (26 in 2018 and 23 in 2019). The City also experienced a year to date 14% reduction in overall aggravated assaults with a firearm (592 in 2018 and 507 in 2019). Although these reductions meet the goals we have set for the program, we need to continue the work in order to increase and sustain reductions to meet state and national standards. homicide clearance rate. The year to date change is a 30% increase in the number of homicide cases that have been cleared. Next Steps Now that we have a fully implemented program, there remains a lot of work to be done. If authorized, City staff will prepare and submit funding proposal for the Board of State and Community Corrections (BSCC) Cal VIP matching grant program to continue the supportive service provision for the high risk young adult population beyond the 18 month contract ending June 30, 2020. -kind match in partnership with VIP supportive service providers, the City will be in a position to seek the maximum grant award of $1.5 million dollars over 3.5 years to continue our evidence-based violence reduction strategy. If awarded, the state grant funding is scheduled to begin July 1, 2020 and end January 1, 2024, and will enable the City to continue program operations without a break in services. The City will continue to focus on the highest risk population, aim to serve three times as many people served in year one with full-time outreach and case management staff. We will further work on developing measurable, attainable goals for the new grant cycle, and secure a City owned program database. 2019-20 Goals and Objectives coordinated public safety strategy to reduce violent crime and effort is in alignment with Goal No. 2: Provide for the Safety of City Residents and Businesses. Participating in California State grant program aligns with Goal No. 7: Pursue City Goals and Objectives by Working with Other Agencies and organizations to ensure the City of San Bernardino receives its fair share of resources. Fiscal Impact There is no cost associated with receiving the update and authorizing the submittal of the CalVIP grant. If the grant is awarded, funding will be authorized by Resolution and Packet Pg. 38 Page 6 8 6542 included in fiscal year 2020- 2021 budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file an update report on the Violence Intervention Program (VIP); and 2. Adopt Resolution No. 2020-3, authorizing the City Manager to submit a funding proposal to the California Board of State and Community Corrections, California Violence Intervention & Prevention Grant Program (BSCC, CalVIP) to continue Attachments Attachment 1 Resolution No. 2020-3 Ward: City Wide Synopsis of Previous Council Actions: December 5, 2018 Mayor and City Council approved professional service agreements with Young Visionaries, Victory Outreach, and Clay Counseling Solutions. February 21, 2018 Mayor and the City Council adopted Resolution No. 2018 - 39, authorizing the City Manager to receive and administer Board of State & Community Corrections, California Violence Intervention & Prevention grant funds. Packet Pg. 39 Page 7 8.a Resolution No. 2020-3 RESOLUTION NO. 2020-3 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT PROPOSAL FOR THE BOARD OF STATE AND COMMUNITY CORRECTIONS, CALIFORNIA VIOLENCE INTERVENTION & PREVENTION MATCHING GRANT PROGRAM WHEREAS, the California Board of State and Community Corrections (BSCC), California Violence Intervention and Prevention Grant Program (CalVIP) Executive Steering Committee developed the CalVIP 2020 Request for Proposal (RFP); and WHEREAS the City of San Bernardino desires to participate in the 2020 CalVIP Grant Program administered by the BSCC; and WHEREAS, cities and community based organizations located in the State of California are eligible to apply for CalVIP grant program funds; and WHEREAS, the BSCC CalVIP grant is a 100% matching grant; and, no new City match will be created for this proposal; and WHEREAS, will prepare and submit a proposal for the maximum amount of $1.5 million for the 3.5 year grant cycle; and WHEREAS, grant funds will be used to support data-driven, evidence-based violence reduction strategies and focus on the highest risk individuals; and WHEREAS, the City of San Bernardino will implement proven violence reduction approaches such as a community-based focused deterrence, group intervention violence reduction model utilizing a blend of street outreach and case management services; and, city will use funds to support these approaches to address homicides, non-fatal injury shooting, and aggravated assaults with a firearm; and WHEREAS, if awarded, the grant award agreement will be presented to the City Council for approval. 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. Attachment: CM Resolution_CalVIP 2020 Authorization (6542 : Violence Intervention Program (VIP) Update) SECTION 2. The Mayor and City Council of the City hereby authorizes the City Manager to submit a proposal to the Board of State and Community Correction, California Violence Intervention & Prevention Grant Program for the City of San Bernardino Violence Intervention Program. Packet Pg. 40 8.a Resolution No. 2020-3 SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Attachment: CM Resolution_CalVIP 2020 Authorization (6542 : Violence Intervention Program (VIP) Update) Packet Pg. 41 8.a Resolution No. 2020-3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020, by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Georgeann Hanna, MMC, City Clerk Attachment: CM Resolution_CalVIP 2020 Authorization (6542 : Violence Intervention Program (VIP) Update) Packet Pg. 42 9 Staff Report City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager Subject: Strategic Planning Work Session Report and 2020 Action Plan Recommendation Adopt Resolution No. 2020-5 of the Mayor and City Council of the City of San Bernardino, California, approving the Strategic Planning Work Session Report and the 2020 Action Plan. Background On May 18, 2015, the Mayor and City Council adopted Resolution No. 2015-103 The foundation for the Fiscal Recovery Plan and Plan of Adjustment were the Operating Practices for Good Government, Priority Goals and Strategic Action Plans, and the Financial Plan, which were also reviewed and approved at the meeting. Thereafter, as part of the implementation of the Charter approved by voters in November 2016, and transition of the City Manager in early August 2017, the Mayor and City Council directed that the San Bernardino Municipal Code and various policies and procedures continue to be updated to reflect the Charter and embarked on an evolutionary, strategic planning process to establish systems and practices that promote good governance and effective service to the community. On November 3, 2017 and December 13, 2017, the Mayor and City Council spent time discussing the purpose of the City (Vision), the job of the City and the terms under which the City will operate (Job Statement), the business plan (Operating Paradigm) of the City, and Goals and Objectives. On March 5, 2018, the Mayor and City Council adopted Resolution No. 2018-130 approving the terms under which the City will operate (Job Statement), the business plan (Operating Paradigm) of the City, and 2018-2019 Goals and Objectives which served as the foundation for the development of the annual budget. Executive Team participated in a Leadership Workshop and worked openly and collaboratively to develop 5-Year Strategic Targets and Goals. Packet Pg. 43 Page 1 9 6576 Discussion Strategic Planning is an evolutionary process and an important effort to establish effective systems and practices to address policy, planning and program implementation. The outcome creates a framework for establishing the systems and policies that will transform the community and guide decision-making. The 5 Year Strategic Planning Report was developed during the 2-day public workshop held in October 2019, Strengths, Weaknesses, Opportunities, and Threats (SWOT), as well as Five Year Horizon Key Strategic Targets and Goals (see Exhibit A to the Resolution): 1. Key Target: FINANCIAL STABILITY Key Goals: Secure a long-term revenue source Implement, maintain, and update a fiscal accountability plan Create a framework for spending decisions Minimize risk and litigation exposure Create an asset management plan 2. Key Target: FOCUSED, ALIGNED LEADERSHIP AND UNIFIED COMMUNITY Key Goals: Develop and implement a community engagement plan Build a culture that attracts, retains, and motivates the highest quality talent 3. Key Target: IMPROVED QUALITY OF LIFE Key Goals: Reduce the burden of homelessness through engagement, collaboration, and alignment with other entities Develop a customer service initiative Constantly evaluate public safety service delivery models to enhance the quality of service 4. Key Target: ECONOMIC GROWTH & DEVELOPMENT Key Goals: Develop a branding and marketing campaign Update the General Plan and Development Code st Roll out a strategy to create a 21 century urban core The adoption of measurable targets and goals establishes direction and priorities which resource utilization, reduce redundancy, and allow the City to establish both stability and seek opportunities that meet these objectives. The direction provided by the Mayor and City Council through the adoption of the 5 Year Strategic Planning Report and the 2020 Action Plan will be communicated throughout the organization and will promote accountability. Packet Pg. 44 Page 2 9 6576 In an effort to establish clearly defined expectations for the Targets and Goals established by the Mayor and City Council, the Executive Team worked together to develop a 12-month Action Plan (see Exhibit B to the Resolution). The plan will measure progress towards accomplishing the 5-Year Strategic Targets and Goals. The Action Plan will be updated quarterly over the next 12-months and presented to the Mayor and City Council. Fiscal Impact No direct fiscal impact by this action. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-5, approving the Strategic Planning Work Session Report and the 2020 Action Plan. Attachments Attachment 1 Resolution 2020-5; Exhibit A - Strategic Work Session Report and Exhibit B - 2020 Action Plan Wards: All Synopsis of Previous Council Actions: May 18, 2015 Resolution No. 2015-103 approved adopting the Operating Practices for Good Government, Priority Goals and Strategic Action Plans, and the Financial Plan. May 5, 2018 Resolution No. 2018-39 approved adopting the 2018/2019 Goals and Objectives. Packet Pg. 45 Page 3 9.a Resolution No. 2020-5 RESOLUTION NO. 2020-5 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE STRATEGIC PLANNING WORK SESSION REPORT AND THE 2020 ACTION PLAN WHEREAS, on May 18, 2015, the Mayor and City Council adopted Resolution No. 2015- Adjustment; and WHEREAS, the foundation for the Fiscal Recovery Plan and Plan of Adjustment were the Operating Practices for Good Government, Priority Goals and Strategic Action Plans, and the Financial Plan, which were also reviewed and approved by the Mayor and City Council on May 18, 2015; and WHEREAS, on November 8, 2016, voters in San Bernardino approved a new Charter that was filed with the California Secretary of State on January 31, 2017, and established the Council-Manager form of government in the City; and WHEREAS, the San Bernardino Municipal Code and City policies and procedures are continue being updated to reflect the changes provided for in the Charter; and WHEREAS, in August 2017, the Mayor and City Council embarked on a strategic planning process to establish systems and practices that promote good governance and effective service to the community in furtherance of the Charter and Council-Manager form of government; and WHEREAS, the Mayor and City Council committed to engaging in regular meetings to establish effective systems and practices and address policy, planning and program implementation to create a framework for comprehensive leadership in rebuilding the City of San Bernardino and establishing systems and lasting policies that transform the community and guide decision-making; and WHEREAS, on November 3, 2017, and December 13, 2017, the Mayor and City Council spent time discussing the purpose of the City (Vision), the job of the City and the terms under which the City will operate (Job Statement), the business plan (Operating Paradigm) of the City, and 2018-2019 Goals and Objectives; and WHEREAS, on March 5, 2018, the Mayor and City Council adopted Resolution No. 2018-130 approving (Job Statement), the business plan (Operating Paradigm) of the City, and 2018-2019 Goals and Objectives which served as the foundation for the development of the annual budget were communicated throughout the organization; and Attachment: CM.Strategic Planning Report.Reso (6576 : Strategic Planning Work Session Report and 2020 Action Plan) thth WHEREAS, on October 25 and 26 2019, with members of the Mayor and City Council and Executive Team in attendance, a Leadership Workshop was held; and Packet Pg. 46 9.a Resolution No. 2020-5 th WHEREAS, October 26, 2019, the Mayor and Council and Executive Team worked open and collaboratively to develop 5-Year Strategic Targets and Goals; and WHEREAS, the Executive Team has developed a 12-month Action Plan to guide progress towards accomplishing the 5-Year Strategic Targets and Goals. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council hereby adopt the Strategic Planning Work Session Report and the 2020 Action Plan which are included as Exhibits A and B respectively. SECTION 2. The above recitals are true and correct and are incorporated herein by this reference. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested th by the City Clerk this 15 day of January 2020. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Attachment: CM.Strategic Planning Report.Reso (6576 : Strategic Planning Work Session Report and 2020 Action Plan) Gary D. Saenz, City Attorney Packet Pg. 47 9.a Resolution No. 2020-5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-5, adopted at a regular meeting held on the 15th day of January 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 15th day of January 2020. Georgeann Hanna, MMC, City Clerk Attachment: CM.Strategic Planning Report.Reso (6576 : Strategic Planning Work Session Report and 2020 Action Plan) Packet Pg. 48 9.b CITY OF SAN BERNARDINO STRATEGIC PLANNING WORK SESSION REPORT January 15, 2020 Attachment: CM.Strategic Planning Work Session Report.EX A (6576 : Strategic Planning Work Session Report and 2020 Action Plan) Packet Pg. 49 9.b City of San Bernardino Strategic Planning Work Session Date: October 26, 2019 Time: 8:30 a.m. 9:00 a.m. Public Comment 9:00 a.m. 1:00 p.m. Work Session Location: City of San Bernardino Multipurpose Room 201 N. E Street San Bernardino, CA 92401 Attendees: John Valdivia Mayor nd Sandra Ibarra 2 Ward Councilmember rd Juan Figueroa 3 Ward Councilmember th Fred Shorett 4 Ward Councilmember th Henry Nickel 5 Ward Councilmember th Bessine L. Richard 6 Ward Councilmember th Jim Mulvihill 7 Ward Councilmember Teri Ledoux City Manager Rebekah Kramer Assistant City Manager Gary Saenz City Attorney Michael Huntley Director of Community & Economic Development Paul Espinoza Director of Finance Mitch Cochran Director of Information Technology Ed Erjavek Library Director Jim Tickemyer Director of Parks and Recreation Eric McBride Acting Chief of Police Alex Qishta Acting Director of Public Works Facilitators: David Rabiner and Susy Wagner Rabiner Resources, Inc. 536 SW Westwood Drive Portland, Oregon 97239 Attachment: CM.Strategic Planning Work Session Report.EX A (6576 : Strategic Planning Work Session Report and 2020 Action Plan) 2 | Page Packet Pg. 50 9.b Introduction The City of San Bernardino is a municipal corporation with a population of approximately 213,000. It serves as the county seat and operates under a council-manager form of government as defined by the Charter adopted by voters on November 8, 2016 and filed with the California Secretary of State January 31, 2017. Purpose of Work Session The purpose of the Strategic Planning Work Session was to draft foundational documents for a five-year strategic plan. The draft documents include 1) a list of strengths, weaknesses, opportunities, and threats (SWOT), 2) key strategic targets, and 3) key strategic goals. Prior to this work session, City leaders developed a vision for the future, job statement, and operating paradigm (Resolution No. 2018-130). These critical pieces, together with the strategic plan, will serve as a guide for day-to-day decision-making and a roadmap for prioritizing initiatives, projects, and resources. Public Meeting The meeting took place in an open, public setting. A member of the public present but provided no comment or input in the process. Pre-Work Session Planning In preparation for the work session, the facilitators conducted telephone interviews with 12 of the attendees. Also prior to the work session, the City Manager, Assistant City Manager, and City department heads provided the facilitators with lists of strengths, weaknesses, opportunities, and threats. The facilitators refined these lists, drafted key strategic targets, and key strategic goals. These three draft documents were used as starting points for discussions at the work session. Work Session Product During the work session, the Mayor, City Councilmembers, and Executive staff worked openly and collaboratively to finalize the Strengths Weaknesses Opportunities and Threats (SWOT) lists, the key strategic targets, and key strategic goals. SWOT LISTS Strengths Location History Great management team Community and regional partnerships Active Neighborhood Association groups Education institutions Great city events County seat Attachment: CM.Strategic Planning Work Session Report.EX A (6576 : Strategic Planning Work Session Report and 2020 Action Plan) 3 | Page Packet Pg. 51 9.b Large employers/large daytime workforce Transportation hub Affordable home ownership Low cost of doing business Airport Existing Council districts Community meetings Empowered neighborhood groups Commercial development Hospitality area Parks Geothermal Native American community Weaknesses Homelessness County seat Infrastructure and facility needs Reputation/perception Limited financial resources Lack of cross-training/succession planning Staff turnover rate/employee retention Competitive compensation and benefits Low home ownership/high percentage of rental properties Politics/in-fighting Civic pride Primary elections/continuous campaigning Cost recovery on facilities Public trust Declining reserves Unmaintained property Class boundaries Low credit rating A Scrappy @ culture Customer service Attachment: CM.Strategic Planning Work Session Report.EX A (6576 : Strategic Planning Work Session Report and 2020 Action Plan) 4 | Page Packet Pg. 52 9.b Opportunities Developer Interest: Carousel/Central City Mall Transit Center BICE Property Arden Guthrie Development th 5 Street Gateway Development Spring Trails Highland Hills Good initial polling results on potential tax measure General Plan update funding International airport/foreign trade zone Cost Recovery Plan/updated fee schedule Available land City assets Mayor and Councilmember unity, focus, and synergy Affordable home ownership Workforce development Executive staff development Change customer service culture Opportunity Zone th Route 66 100 Anniversary (2026) Tourist destination Threats State legislation and unfunded mandates adding to the homeless crisis and negatively impacting public safety issues at the local level. Examples: o AB 109 Realignment (diverts people convicted of certain classes of less serious felonies from the Department of Corrections (state prison) to local county jails); o SB 946 Safe Sidewalk Vending Act (establishes requirements for local regulation of sidewalk vending and prohibits all criminal penalties for sidewalk vending violations); o Homeless rights legislation; o Proposition 47 (reclassified certain theft and drug possession offenses from felonies to misdemeanors); o Proposition 57 (moved up parole consideration for nonviolent offenders who have served the full-term of the sentence for their primary offense and who demonstrate that their release to the community would not pose an unreasonable risk of violence to the community). Attachment: CM.Strategic Planning Work Session Report.EX A (6576 : Strategic Planning Work Session Report and 2020 Action Plan) 5 | Page Packet Pg. 53 9.b Concentration of county social services PERS unfunded liability OPEB liability Liability from claims and lawsuits Natural disasters Declining infrastructure Undisciplined spending Politics/in-fighting Reduction of federal money Cities competing for same investment dollars Threat of disease from homeless population SBX/Omnitrans financial issues Smaller employment pools Attachment: CM.Strategic Planning Work Session Report.EX A (6576 : Strategic Planning Work Session Report and 2020 Action Plan) 6 | Page Packet Pg. 54 9.b KEY STRATEGIC TARGETS AND GOALS FIVE-YEAR HORIZON Key Target: FINANCIAL STABILITY Key Goals: Secure a long-term revenue source Implement, maintain, and update a fiscal accountability plan Create a framework for spending decisions Minimize risk and litigation exposure Create an asset management plan Key Target: FOCUSED, ALIGNED LEADERSHIP AND UNIFIED COMMUNITY Key Goals: Develop and implement a community engagement plan Build a culture that attracts, retains, and motivates the highest quality talent Key Target: IMPROVED QUALITY OF LIFE Key Goals: Reduce the burden of homelessness through engagement, collaboration, and alignment with other entities Develop a customer service initiative Constantly evaluate public safety service delivery models to enhance the quality of service Key Target: ECONOMIC GROWTH & DEVELOPMENT Key Goals: Develop a branding and marketing campaign Update the General Plan and Development Code st Roll out a strategy to create a 21 century urban core Attachment: CM.Strategic Planning Work Session Report.EX A (6576 : Strategic Planning Work Session Report and 2020 Action Plan) 7 | Page Packet Pg. 55 Attachment: EXB - 2020 Action Plan (6576 : Strategic Planning Work Session Report and 2020 Action 9.c Packet Pg. 56 is 20 CAFR - COMMENTS February 2020 FY 2019 Real property would also include city owned equipment (e.g., vehicles, tools, computers etc.) This would be addressed through a separate inventory and strategy. Once finalized. Award of contract for playground equipment will go to MCC in STATUS In progressNot startedIn progressIn progressIn progressIn progressIn progress Plan trip January 15, 2021 and Plan of Њ nd Asset Action opener - projection updates. Phase 2 (of 4) eport and 2020 WHAT valuation and Key Strategic Targets and Goals a property salee assessment . CITY OF SAN BERNARDINO update. budget r Real Property/La Year Playground equipment replacementStreet Develop a plan to identifyand fall hazards January 15, 2020 tudy Year measure- Five Create an Asset Management Planincluding Inventory anddisposition policy. Revisit reserve policyContinue with education associated with a potential tax Fee sCounty Fire District ReMidAdjustment/10 year Develop strategies to reduce liability: and orks WWorks and Dev. WHO . FINANCIAL STABILITY ublic PCommunity and EconFinanceCity ManagerFinanceFinanceFinancePublic Human Resources Key Target: 1. WHEN December By 2020December 2020July 2020March 2020April 2020February 2020Phase 2 playground equipment replacementJune 2020 Street assessment to MCC March 2020 Plan to ID trip Attachment: EXB - 2020 Action Plan (6576 : Strategic Planning Work Session Report and 2020 Action 9.c Packet Pg. 57 working on preparing Adding additional supervisory oversight through COPPSmodel and returning a lieutenant from Animal Control to the Watch Command function. Working with the new OIS protocol.Staff is the bid specs for revenue audits for TOT, Franchise Fees and Utility Users FeesMCC will need to approve. rogress In pIn progressIn progress Ћ Review use of force policies and protocolsConduct Utility User Tax and Transient Occupancy Tax audits Conduct a rate study for water and waste water City Attorney and PoliceFinanceWater Department and fall hazards by December 2020July 2020April/May 2020December 2020 Attachment: EXB - 2020 Action Plan (6576 : Strategic Planning Work Session Report and 2020 Action 9.c . Packet Pg. 58 . and functions. To be COMMENTS To create efficiencies for administrative development analyzed as part of the 2020/21 budget processcapita funding is realized RFP for recruitment has been released. First of 2 proposed for a Wednesday in March. All bargaining group MOUs expire June 30, 2020These programs build strong STATUS Not started In progressIn progressIn progressIn progressIn progressIn progressNot startedNot startedIn progress 5 all Mayor Council with Ќ special lerk. profits 2 - orkshops on Strategic Planning WHAT Non up - ion Study and prepare Boards/Commissions Engage City Educate community through newsletter/water bill insert/websiteEducate City employees neighborhood matching grant 2 follow LEADERSHIP AND UNIFIED COMMUNITY Evaluate the organization and identify a structure and associated funding to create better oversight of operations.Census 2020 Outreach:Complete Classification and Compensatreport for City CouncilAssist the Mayor and City Council with City Clerk recruitmentAssist the Mayor and City City Manager recruitmentAssist the Mayor and City Council with the transition of elected City Clerk and City Attorney to contract City Attorney and appointed City CHold WorkshopsHold a minimum of and City Council Wcomplex programs and projectsComplete labor negotiations with bargaining groupsInvite . WHO and IT FOCUSED, ALIGNED City Manager, Finance, and Human ResourcesCity Manager and Community & EconDev. Human Resources and City ManagerCity ManagerCity ManagerCity ManagerCity ManagerCity ManagerHuman ResourcesCity Manager RFP March Key Target: 2. WHEN June 2020Ongoing throughout the yearSpring 2020January Ongoing for recruiter to MCC by March March 2020By March and December 2020By December 2020OngoingOngoing Attachment: EXB - 2020 Action Plan (6576 : Strategic Planning Work Session Report and 2020 Action 9.c Packet Pg. 59 such as Meet and confer partnerships within the community, while building leaders and engaging the community in a positive manner.Update required to be consistent with Charter changes.process to be conducted with bargaining units.To promote interest and opportunity in downtown corridor through communityengagement and participationProvide swim lessons, water safety education and nutritional guidance to underserved communitiesWorking on public education video content for public service pieces that address common community concernssidewalk vending and homelessness. In progressIn progressIn progressIn progress o Ѝ . . . . Chamber of Commerce will Personnel Rules Permanente - establish SB Art Fest in Downtown - projects to help improve and engage the community, provide council update on neighborhood leadership academy and graduates. Distribute monthly Neighborhood Pride Awards tencourage community to maintain their properties. Analyze and develop leadership academy program for 2020.UpdateReCorridorparticipate.Continue grant funded Operation Splash program and partnership with KaiserImprove community engagement and education Manager /Community /City Community City Attorney, Human Resources and City ManagerParks Recreation andServicesand Econ. DevParks Recreation and Community ServicesPolice(CATV) Update to Council of Leadership Academy and Matching Grants Programs by July 2020December of 2020March 2020June 2020Ongoing Attachment: EXB - 2020 Action Plan (6576 : Strategic Planning Work Session Report and 2020 Action 9.c Packet Pg. 60 - b d ensure cost su - COMMENTS help reduce the amount cost or low D to maintain continuity of - E Develop new workflow protocols between PD and Cexisting programs anDistrict Resource Officers and Code Officers are working in concert to address housing related issues.Should of dumping in the city.Seek further opportunities for nostations.Deploy Bicycle Mounted Enforcement Team (BMET).Reconfigure crime cameras into coherent networks and deploy smart camera technology.Notice of Funds expected to be released in the Spring of 2020. SB allocation expected to be $1.2M (plus $64k for administrative costs)Housing staff continues to work with and monitor the service goals related to homelessness. STATUS Not StartedNot startedIn progressNot startedIn progress : - - Ў (team in DT funded housing nd funding. WHAT /ESG Permanent Local : homeless through 2020/21 allocation valuation of Police Sub OF LIFE Family Rental Property EstationsBicycle TeamFebruary 2020)CamerasStep Up on 2Lutheran Social ServicesCommunity Action PartnershipSalvation Army - SingleInspection Program and the CrimeFree Rental Housing Program Evaluate these programs to ensure their effectiveness Implement additional options for bulky item collection and expand public education on all optionsContinued implementation of the COPS modelApply for SB2 Housing Continue HUDtargets forwith the following service providers Dev. , WHO . (Code . s IMPROVED QUALITY PoliceCommunity and EconDeptEnforcement) OfficePublic WorksPoliceCommunity and Econ. Dev.Community and Econ. Dev. Key Target: the 3. WHEN December 2020June 2020OngoingAs soon as HCD releases notice Ongoing throughout the year Attachment: EXB - 2020 Action Plan (6576 : Strategic Planning Work Session Report and 2020 Action 9.c Packet Pg. 61 Housing staff continues to work with the County of San Bernardino. Salt Lake City and San Diego are possibilities Develop protocols to support Finance and CD enforcement efforts Housing staff continues to work In progressNot startedIn progressIn progressIn progressIn progress Џ throughout Accelerating other by April 2020 June 2020 with amendment term shelter - end of 2020 - and enforcement rdinance and evaluate pportunities Family Services AssociationHire a Director Implement a volunteer/rescue program Complete approved shelter improvements Look at longoptions and bring back recommendations the year ermanent housing units PShelter nightsEmergency shelter nights 60 60 70 Motel vouchers 1 230 130 Homeless prevention Work with the County of SB on recidivism numbers from the HMIS Data System to measure the effectiveness of the ESG ProgramsResearchsuccessful homeless programs and report back on possible new programs for San BernardinoBuild an effective Animal Control Department: Sidewalk vending ordinance amendmentFireworks oPursue o and pt and Community and Econ. Dev. and PolicePolice and Community Economic DevelopmentOffice, Animal Control DePublic WorksCity Attorney, Finance, Police, Community and Econ. DevCity Attorney and PoliceCommunity and all 2020 OngoingLate summer/early f2020December 2020June 2020Spring Ongoing Attachment: EXB - 2020 Action Plan (6576 : Strategic Planning Work Session Report and 2020 Action 9.c Packet Pg. 62 ousing staff continues to with AIHC to identify available land to provide affordable housing and services.Hconduct community outreach in preparation of the draft Con Plan. Revitalization of SeccombeLake will promote community through recreation and improve quality of life on a local and regional level.Formed by a vote of businesses within certain boundaries to create a funding mechanism for items such as security and maintenance and marketing. Would need to hire a consultant.City, Court House, County, and State Offices progress In progressIn Grant application submittedNot startedNot started А Code (PBIDS) for s design and - move of the nd other business corridors Intervention Program Goals: Engage 300 individuals impacted by violence and enroll 70 highest risk individuals into comprehensive supportive servicesReduce recidivism among program participants by 15 percent Investments for Healthy Communities Initiative (AIHC)Complete the 5 Year Consolidated Plan to ensure that the City continues to receive HUD fundingImplement the Enforcement Division back into Community and Economic Development Dept.Grant funded rerevitalization of Seccombe Lake ParkResearch Property Based Business Improvement Districtdowntown ain the City (Highland Ave/Base Line). Work with Downtown public agencies on a joint plan for increased securityViolence Econ. Dev.Community and Econ. Dev.Police and Community and Econ. Dev.Parks, Rec andCommunityServices/Public WorksCommunity and Economic DevelopmentCity Manager and PoliceOffice/Police Department throughout the yearMay 2020March/April 2020Pending State approval and award.(Early 2020)Report findings to MCC by July 2020Report findings to MCC by July 2020December 2020 Attachment: EXB - 2020 Action Plan (6576 : Strategic Planning Work Session Report and 2020 Action 9.c Packet Pg. 63 - Б related retaliatory - Reduce gangassaults by 10% Host 2 VIP Community Sitdowns with 30 highest risk individuals identified by law enforcement Host three proactive peace keeping community engagement events Invest in program database software Attachment: EXB - 2020 Action Plan (6576 : Strategic Planning Work Session Report and 2020 Action 9.c . Packet Pg. 64 standard branding schedule will a COMMENTS Establish format for internal and exterior use. Transfer of funds from CM to CEDThe overall project will take between 2 to 3 years. Note: The Downtown Specific Plan will be a component of the project. Once the consultant has been retained, the projectidentify the timing of the Specific Plan.Will be part of the first phase of the General Plan update Create an urban core centered police district and build out staffing model to meaningfully address downtown crime issues. The RFP will go out at the end of January 2020. The developers will be given 90 days to respond. Selection should occur at the end of FY 2019/2020. STATUS Not started Materials to be completed by April 2020 Draft RFP has been started Draft RFP has been started st hedule to В Plan will be former . Redevelopment: Will be created as property professional service WHAT to assist the City etc. n Economic Development Carousel Mall edevelopment the : Prepare RFP to select a professional planning and env. firmExecute aagreementEstablish a project sccomplete the project.Prepare RFP for circulation to the top 3 developersSelect a developer to rCarousel Mall Branding and Marketing Campaign 2020 ICSC Marketing MaterialsCreate aSpecialist position that focuses on business attraction, community engagement, marketing and media relations General Plan and Development Code UpdateRoll out a strategy to create a 21century urban core the General Plan updateinclusive of options for City Hall. Former Dept. Dept.Dept.Dept. . .... WHO ECONOMIC GROWTH & DEVELOPMENT Community and Econ. DevCity Manager and Community and Econ. DevCommunity and Econ. DevCommunity and Econ. Devand PoliceCommunity and Econ. Dev Key Target: 2020 4. WHEN June 2020 By June By June 2020By June 2020By December 2020By Attachment: EXB - 2020 Action Plan (6576 : Strategic Planning Work Session Report and 2020 Action 9.c by Packet Pg. 65 Phase by , 2020; on year and - impact able mid February 5 . budget process 2020. 2020 environmental To create efficiencies for development. To be analyzed as part of the 2020/21Extend ENA Process Entitlements by May 2020; Close Escrow July 2020.Final Offer to MCC by February 2020; Reviewed by CWOB and DOF by June 2020; Close Escrow July 2020.Final Offer to MCC by February 2020; Close Escrow by May Interviews with developers by end of January 2020; Selection by the MCC the second meeting in February; Negotiate sale of the property by July 2020. Staff will report back 3 March and provide research results on allowdevelopment opportunities JulyPlanning Division working with Staff will provide and update Not startedIn NegotiationsIn NegotiationsIn NegotiationsIn NegotiationsIn progressNot StartedIn progressIn progress - re. . ЊЉ . Will CFD . Works and the Public Highland Hills one stop counter for Research Development OpportunitiesReport to Mayor and City Council Guthrie Street Gateway Properties th Create a Development Services through a structure of Community and Economic Development Departmentsinclude evaluation of permit system.5Arden Theater SquareBice PropertyNegotiate new agreement for operation of the California TheaterWaterman Landfill Cannabis Ordinance AmendmentNegotiate and orks and Works City Manager, Public Works, and Community and Econ. Dev. Dept.Community and Econ. Dev. Dept.Community and Econ. Dev. Dept.Community and Econ. Dev. Dept.Community and Econ. Dev. Dept.Public WCity ManagerPublic Works and City ManagerCity Attorney and Community and Econ. Dev.Public 2020 June 2020By July 2020By July 2020By MayBy July 2020August of 2020July of 2020March/April 2020June 2020 Attachment: EXB - 2020 Action Plan (6576 : Strategic Planning Work Session Report and 2020 Action 9.c Packet Pg. 66 r and City Council on progressResolution for consideration by the Mayoon January 15, 2020. In progressIn progress ЊЊ . Annexation Spring TrailsNegotiate with Vanir Tower on lease agreement that expires in April. AttorneyCommunity and Econ. Dev.Public Works and City Manager January 2020March 2020 10 Staff Report City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Michael Huntley, Community & Economic Development Director Subject: Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Expansion Area Recommendation Adopt Resolution No. 2020-24 of the Mayor and City Council of the City of San Bernardino, California amending the boundary of the Norton Air Force Base Nexus Study Zone Expansion Area. In March of 2006, a Traffic Development Impact Fee Prepayment Agreement was adopted and executed by and between the City of San Bernardino, the Inland Valley Development Agency and the San Bernardino International Airport Authority and is SBIAA assumed responsibility for the funding and construction of substantial road infrastructure improvements in and around the former Norton Air Force Base in the City of San Bernardino in excess of $36,500,000. In exchange for funding and completion of these improvements, the City of San Bernardino would recognize these as a prepayment against certain traffic impact fees that would have otherwise been payable by IVDA or SBIAA (or their successors in interest whether governmental or private) in designated areas in and around the former NAFB. Since the adoption of the DIF Agreement in 2006, new full-width roadways and bridges have been constructed by IVDA and SBIAA, at their sole cost and expense which, as completed, have been transferred to the City of San Bernardino. IVDA estimates that the total amount of improvements have exceeded the $36,500,000 threshold established in the DIF Agreement. Since 2002, the IVDA has successfully established a public-private partnership with Hillwood (A Perot Company). As of early 2019, the partnership has produced approximately 15.2 million square feet of new development in the region. Pursuant to the DIF Agreement, DIF credits cannot be issued unless: (1) the project site is located within a designated NAFB Nexus Study Zone boundary; (2) that use of the credits would be limited to projects where IVDA has an ownership or economic interest; and (3) that the total new development incentivized by such credits under the DIF Agreement not exceed 11,360,000 square feet. Packet Pg. 67 Page 1 10 6575 On December 11, 2019, the Inland Valley Development Agency Board authorized the submittal of a notice to the City of San Bernardino requesting an amendment to the boundary of the Norton Air Force Base Nexus Study Zone. The proposed boundary expansion would include a Hillwood project (1,032,372 square foot logistics building) on the west side of Waterman Avenue on the former San Bernardino Golf Course site. The proposed request is specifically for an amendment to the boundary and not to add additional DIF credits. Discussion Hillwood is currently finalizing a new 1,032,372 square foot logistics building on the west side of Waterman Avenue and south of Orange Show Road. At the time the DIF Agreement was adopted and executed, the subject site being contemplated for inclusion into the boundary was actively zoned for and used as a public golf course. Therefore the site was not included in the original Nexus Study Zone area eligible for DIF Traffic Credits under the DIF Agreement. Since 2018, Hillwood has been working with City of San Bernardino staff to complete the necessary permits and is now nearing completion of construction of the new logistics building. Hillwood has requested that IVDA authorize a boundary amendment with the City of San Bernardino to include this area under the DIF Agreement. IVDA has sufficient DIF credits remaining (in excess of 1,700,000 SF) to support such a request at this time. 2019-20 Goals and Objectives The proposed expansion of the Nexus Study Zone boundary is consistent with Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner in that this action will allow for the continued growth and developed around the San Bernardino International Airport facilitating revenue to the City and jobs for the community. The City will be investing in the redevelopment and revitalization of the Downtown Core through the repositioning of the former Carousel Mall allowing new urban in-fill development providing housing and commercial development opportunities. Fiscal Impact There is no fiscal impact with the adoption of a resolution allowing the expansion of the Nexus Study Zone boundary by the IVDA. Conclusion Adopt Resolution No. 2020-24 of the Mayor and City Council of the City of San Bernardino, California amending the boundary of the Norton Air Force Base Nexus Study Zone Expansion Area. Attachments Attachment 1 Resolution Attachment 2 December 11, 2019 IVDA Board Report Attachment 3 Nexus Study Zone Map Expansion Ward: Wards 1 and 3 Synopsis of Previous Council Actions: Packet Pg. 68 Page 2 10 6575 March 2006: The Mayor and City Council adopted a Traffic Development Impact Fee Prepayment Agreement with the Inland Valley Development Agency and the San Bernardino International Airport Authority. Packet Pg. 69 Page 3 10.a Resolution No. 2020-24 RESOLUTION NO. 2020-24 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE BOUNDARY OF THE NORTON AIR FORCE BASE NEXUS STUDY EXPANSION AREA WHEREAS, in March of 2006, a Traffic Development Impact Fee Prepayment Agreement was adopted and executed by and between the City of San Bernardino , the Inland Valley Development Agency and the San Bernardino International Airport Authority WHEREAS, the DIF Agreement acknowledges that IVDA and SBIAA assumed responsibility for the funding and construction of substantial road infrastructure improvements in and around the former Nor in the City in excess of $36,500,000; and WHEREAS, in exchange for funding and completion of these improvements, the City of San Bernardino would recognize these as a prepayment against certain traffic impact fees that would have otherwise been payable by IVDA or SBIAA (or their successors in interest whether governmental or private) in designated areas in and around the former NAFB; and WHEREAS, since the adoption of the DIF Agreement in 2006, new full-width roadways and bridges have been constructed by IVDA and SBIAA, at their sole cost and expense which, as completed, have been transferred to the City; and WHEREAS, IVDA estimates that the total amount of improvements have exceeded the $36,500,000 threshold established in the DIF Agreement; and WHEREAS, since 2002, IVDA has successfully established a public-private partnership with Hillwood (a Perot Company); and WHEREAS, as of early 2019, the IVDA-Hillwood partnership has produced approximately 15.2 million square feet of new development in the region; and WHEREAS, pursuant to the DIF Agreement, DIF credits cannot be issued unless: (1) the project site is located within a designated NAFB Nexus Study Zone boundary; (2) IVDA has an ownership or economic interest; and (3) the total new development incentivized by such credits under the DIF Agreement not exceed a cumulative total of 11,360,000 square feet; and WHEREAS, on December 11, 2019, the IVDA Board authorized the submittal of a notice to the City requesting an amendment to the boundary of the NAFB Nexus Study Zone to include an approved Hillwood project (1,032,372 square foot logistics building) on the west side of Waterman Avenue on the former San Bernardino Golf Course site that Hillwood is currently finalizing; and Attachment: CED.NAFB.Resolution amending boundary of Norton Air Force Base Nexus Study Zone-c1 (6575 : Consider an Amendment to the Packet Pg. 70 10.a Resolution No. 2020-24 WHEREAS, at the time the DIF Agreement was adopted and executed, the subject site being contemplated for inclusion into the boundary was actively zoned for and used as a public golf course and, therefore, not included in the original Nexus Study Zone Expansion Area eligible for DIF Traffic Credits under the DIF Agreement (i.e., the property identified on Exhibit B of the DIF Agreement); and WHEREAS, the request is specifically for an amendment to the boundary and not to add additional DIF credits; and WHEREAS, to grant the request, Exhibit B of the DIF Agreement would need to be amended to reflect the inclusion of the project site in the NAFB Nexus Study Zone Expansion Area. 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 City Council hereby authorizes the City Manager to amend the DIF Agreement to revise Exhibit B of said agreement to include the above-described project site within the NAFB Nexus Study Zone Expansion Area as depicted in the notice submitted to the City, dated December 11, 2019, requesting an amendment to the boundary of the NAFB Nexus Study Zone. SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of , 2020. John Valdivia, Mayor City of San Bernardino Attachment: CED.NAFB.Resolution amending boundary of Norton Air Force Base Nexus Study Zone-c1 (6575 : Consider an Amendment to the Packet Pg. 71 10.a Resolution No. 2020-24 Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ City Attorney Attachment: CED.NAFB.Resolution amending boundary of Norton Air Force Base Nexus Study Zone-c1 (6575 : Consider an Amendment to the Packet Pg. 72 10.a Resolution No. 2020-24 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-24, adopted at a regular meeting held on the day of , 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this day of , 2020. ______________________________ Georgeann Hanna, MMC, City Clerk Attachment: CED.NAFB.Resolution amending boundary of Norton Air Force Base Nexus Study Zone-c1 (6575 : Consider an Amendment to the Packet Pg. 73 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 74 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 75 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 76 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 77 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 78 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 79 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 80 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 81 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 82 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 83 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 84 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 85 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 86 10.b Attachment: CED.IVDA Boundary Expansion.Attachment 1 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 87 10.c Attachment: CED.IVDA Boundary Expansion.Attachment 2 (6575 : Consider an Amendment to the Boundary of the NAFB Nexus Study Zone Packet Pg. 88 11 Staff Report City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager Subject: Police Management Association Salary Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Direct the City Manager to re-negotiate the salary survey with the Police Management Association; -OR- 2. Adopt Resolution No. 2020-13 updating the salary for the San Bernardino Police Department Range P-6 (Assistant Chief) effective August 1, 2019 and approving a basic compensation plan for the Police Department; and 3. Authorize the Director of Finance to amend the FY 2019-20 budget and transfer $37,503.00 from account number 001-210-0084-5014 (dispatch part-time salaries) to account number 001-210-0001-50xx (police administration full-time salary and benefits). Background s Labor Agreement with the Police Management Association (PMA) is in its fifth and final year. The agreement with PMA provides for a minimum salary increase of 3.5% effective August 1st for each of the years of the agreement, or an increase equal to the results of a mutually agreed upon salary survey, whichever is higher. The survey, per the approved agreement with the PMA, is based upon the survey methodology used during past Charter 186 salary negotiations which involved conducting a salary survey based on the management classifications. On August 21, 2019, a basic compensation plan for the San Bernardino Police Department was approved by the Mayor and City Council effective August 1, 2019 providing the minimum 3.5% salary increase for both POA and PMA. The annual salary survey has been completed for PMA but is still pending with the POA employee group. The survey results demonstrated that salaries for P-4/Lieutenant and P-5/Captain are higher than the ten (10) city average, so these classifications will not receive more than the minimum 3.5% required by the MOU (and already implemented effective August 1, Packet Pg. 89 Page 1 11 6577 2019). However, the survey results for the classifications of both P7/Police Chief and y rates for these positions. In addition to the 3.5% approved and implemented effective August 1, 2019, the survey indicates than an additional 8.81% increase for the Assistant Police Chief and an additional 9.05% increase for the Police Chief is necessary to bring the salaries for these positions to the level of the (10) cities average. The classification of P-7/Police Chief is not a classification within the Police Management Association MOU. However, in prior years, the PMA has agreed to include the P-7 classification in their survey for the purpose of avoiding compaction between the P-6 and P- survey results to prevent compaction between the P-6/Assistant Chief and P-7/ Chief ranks. The chart below reflects the salary survey results: Annual Salary P6/Assistant Chief P7 Chief Current Salary $234,264 $255,960 Salary Survey Salaries $254,904 $279,120 Increase $20,640 $23,160 On November 6, 2019, an item requesting approval for salary increases for the P-6 Assistant Chief and P-7 Chief positions was considered but not approved by the City Council. However, in Closed Session on December 4, 2019, Council asked staff to bring back for consideration the P-6 Assistant Chief salary only. Discussion th As stated in the November 6 staff report (attached), the survey methodology to determine the salaries for PMA members is based upon the methodology previously used during Charter 186 salary negotiations. This is the final year of the agreement tying the process to this methodology. Packet Pg. 90 Page 2 11 6577 th After the Closed Session Meeting on December 4, the City Manager met with PMA to meet and confer on the direction provided by the City Council. The PMA is in agreement that the City is no longer statutorily or contractually required to adjust the P-7/Police Chief salary in accordance with the 186 survey result. However, the PMA also maintains the position that if the City does not intend to use the survey result to establish P- 7/Police Chief salary, then the P-7/Police Chief classification should not be incorporated in the survey methodology. When the P-7/Police Chief classification is removed, it results in a change to the middle (final 10) cities and a higher salary increase for the P- 6/Assistant Chief salary. Although the City has not agreed to the need for the differing methodology, the matter will likely have to be litigated. It should be noted that the current proposed increase to the Assistant Police Chief salary when the normal average disparity among police ranks is 10%. In the interest of resolving this salary matter, the City Council may choose to direct the City Manager to further negotiate with the PMA and come back at a later date or the City Council may adopt the current proposed salary increases for the Assistant Chief and Chief as outlined in this report. 2019-20 Goals and Objectives Updates to salaries for Police Management classifications align with Goal No. 5: Improve City Government Operations by ensuring that employees are fairly compensated. Fiscal Impact Adoption of Motion #1. There is no immediate fiscal impact should the City direct the City Manager to re-negotiate with the PMA on the salary survey. Adoption of Motion #s 2 and 3. Because a minimum increase of 3.5% was mandated approved updating Police Department salaries by this amount. Costing is based on eleven (11) months as the increases were effective August 1, 2019. The minimum 3.5% salary increase (plus applicable benefits of 19.43%) for 12 months was included in the FY 2019/2020 Adopted Budget for a total of $125,000. The additional increase beyond the budgeted amount needed to implement the survey results for the Assistant Police Chief and Police Chief classifications is $37,503. The Police Department has indicated budget savings are available in the line item for part-time dispatch salaries (account # 001-210-0084-5014) to fund this additional cost. Packet Pg. 91 Page 3 11 6577 ASSISTANT CHIEF FISCAL IMPACT ANALYSIS LIEUTENANTCAPTAINCHIEFTOTAL P-4P-5P-6P-7 TOTAL COST TO CITY FOR SURVEY ADJUSTMENT: $ -$ - $ 22,597.00$ 25,355.00$ 47,952.00 TOTAL COST TO CITY FOR 3.5% PREVIOUSLY APPROVED: $ 65,560.00 $ 30,848.00$ 8,671.00$ 9,472.00$ 114,551.00 COMBINED INCREASES:$ 65,560.00 $ 30,848.00$ 31,268.00$ 34,827.00$ 162,503.00 BUDGETED:-$125,000.00 UNBUDGETED:$37,503.00 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Direct the City Manager to re-negotiate the salary survey with the Police Management Association; OR 2. Adopt Resolution No. 2020-13, updating salaries for the San Bernardino Police Department Ranges P-6 (Assistant Chief) and P-7 (Chief) effective August 1, 2019 and approving a basic compensation plan for the Police Department; and 3. Authorize the Director of Finance to amend the FY 2019-20 budget and transfer $37,503 from account number 001-210-0084-5014 (dispatch part- time salaries) to account number 001-210-0001-50xx (police administration full-time salary and benefits). Attachments Attachment 1 Resolution; Exhibit A - Updated Basic Compensation Plan and Exhibit B - Memorandum for Record Attachment 2 November 6, 2019 PMA Salary Staff Report Attachment 3 City Mana Ward: All Synopsis of Previous Council Actions: On August 21, 2019, the basic compensation plan for the San Bernardino Police Department was approved by the Mayor and City Council effective August 1, 2019 (Resolution No. 2019-267) On November 6, 2019, a resolution establishing updated salaries for the Police Department P6 and P7 classifications was not approved (Resolution No. 2019-313) Packet Pg. 92 Page 4 11.a Resolution No. 2020-13 RESOLUTION NO. 2020-13 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, UPDATING SALARIES FOR THE SAN BERNARDINO POLICE DEPARTMENT RANGES P-6 (ASSISTANT CHIEF) AND P-7 (CHIEF) THAT CAME INTO EFFECT ON AUGUST 1, 2019 AND APPROVING A BASIC COMPENSATION PLAN FOR THE SAN BERNARDINO POLICE DEPARTMENT WHEREAS, the Mayor and City Council approved and adopted Resolution No. 2019- 267 on August 21, 2019 establishing a basic compensation plan for the San Bernardino Police Department; and WHEREAS, the annual salary survey completed by the Human Resources Department and met and conferred on with the Police Management Association produced a salary increase percentage higher than the minimum of 3.5% as per the Memorandum of Understanding between the City of San Bernardino and Police Management Association. 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. Bernardino Police Department effective August 1, 2019. SECTION 3. the Police Management salaries for Fiscal Year 2019-20. SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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 Attachment: CM.PMA Compensation.Reso (6577 : Police Management Association Salary Update) 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 with retroactive application as noted in Section 2. Packet Pg. 93 11.a Resolution No. 2020-13 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested th by the City Clerk this 15 day of January 2020. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Attachment: CM.PMA Compensation.Reso (6577 : Police Management Association Salary Update) Packet Pg. 94 11.a Resolution No. 2020-13 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-13 adopted at a regular meeting held on the 15th day of January 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT NICKEL RICHARD MULVIHILL th WITNESS my hand and official seal of the City of San Bernardino this 15 day of January 2020. Georgeann Hanna, MMC, City Clerk Attachment: CM.PMA Compensation.Reso (6577 : Police Management Association Salary Update) Packet Pg. 95 11.b EXHIBIT A CITY OF SAN BERNARDINO POLICE DEPARTMENT First 6 Following Third Fourth Fifth & Sub- JOB Months 18 Months Year Year sequent Yrs TITLE Service Service Service Service Service Monthly Pay Rates Effective August 1, 2019: Police Officer $6,954.00 $7,537.00 $8,121.00 $8,704.00 $9,287.00 P-1 Detective/Corporal $8,075.00 $8,704.00 $9,333.00 $9,961.00 $10,590.00 P-2 Sergeant $9,138.00 $9,845.00 $10,552.00 $11,260.00 $11,967.00 P-3 Lieutenant -- -- -- -- $14,743.00 P-4 Captain -- -- -- -- $17,351.00 P-5 Assistant Chief -- -- -- -- $21,242.00 P-6 Chief -- -- -- -- $23,260.00 P-7 Attachment: CM.PMA Compensation.EX A (6577 : Police Management Association Salary Update) Packet Pg. 96 11.c Attachment: EX B - Memorandum of Record (6577 : Police Management Association Salary Update) Packet Pg. 97 11.d Consent Calendar City of San Bernardino Request for Council Action Date: November 6, 2019 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager Subject: Update the Basic Compensation Plan for San Bernardino Police Department (Police Management) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2019-313, updating salaries for the San Bernardino Police Department Ranges P-6 (Assistant Chief) and P-7 (Chief) effective August 1, 2019 and approving a basic compensation plan for the Police Department; and 2. Authorize the Director of Finance to amend the FY 2019-20 budget and transfer $37,503 from account number 001-210-0084-5014 (dispatch part-time salaries) to account number 001-210-0001-50xx (police administration full-time salary and benefits). Background Agreement with the Police Management Association (PMA) is in its fifth and final year. The agreement with PMA provides for a minimum salary increase of 3.5% effective August 1st for each of the years of the agreement, or an increase equal to the results of a mutually agreed upon salary survey, whichever is higher. The survey, per the approved agreement with the PMA, is based upon the survey methodology used during Charter 186 salary negotiations. On August 21, 2019, a basic compensation plan for the San Bernardino Police Department was approved by the Mayor and City Council effective August 1, 2019 providing the minimum 3.5% salary increase for both POA and PMA. The annual salary survey has been completed for PMA but is still pending with the POA employee group. Discussion The survey methodology to determine the salaries for PMA members is based upon the methodology previously used during Charter 186 salary negotiations. This is the final year of the agreement tying the process to this methodology, discussed below: Attachment: CM.PMA November 6 2019 PMA Salary Staff Report (6577 : Police Management Association Salary Update) Using the most recent population data from the California Department of Finance Demographic Unit (as of January 1, 2019), cities with populations between Packet Pg. 98 Page 1 11.d 6496 100,000 and 250,000 are surveyed; 58 cities fell into this range. Cities are ranked by total cost. The classification pay rates for each surveyed city are applied to the number of positions the City of San Bernardino has of each classification. departments are used, the classification of Sheriff is used as a comparable for the Police Chief and Undersheriff is used for the Assistant Police Chief. One of the effects of this methodology is that during years which contract cities comprise a greater number of the middle ten (10) cities, P-4/Lieutenant and P-5/Captain wage averages tend to decrease while P-6/Assistant Chief and P-7/Chief wage averages tend to increase. During years in which the contract cities comprise fewer of the middle ten (10) cities, the opposite is true. City staff and the PMA each complete this process independently and then meet and confer to ensure that there is agreement or to research and resolve if there are differences. The City and the PMA met on September 3, 2019 and agreed upon the pay rates for the 58 cities surveyed. After the 58 cities were ranked, the (10) ten cities that fell into the middle of the survey were used to create an average. The survey results demonstrated that salaries for P-4/Lieutenant and P-5/Captain are higher than the ten (10) city average, so these classifications will not receive more than the minimum 3.5% required by the MOU (and already implemented effective August 1, 2019). However, the survey results for the classifications of both P7/Police Chief and positions. In addition to the 3.5% approved and implemented effective August 1, 2019, the survey indicates than an additional 8.81% increase for the Assistant Police Chief and an additional 9.05% increase for the Police Chief is necessary to bring the salaries for these positions to the level of the (10) cities average. The classification of P-7/Police Chief is not a classification within the Police Management Association MOU. However, in prior years, in accordance with the increased in accordance with the survey results to prevent compaction between the P- 6/Assistant Chief and P-7/ Chief ranks. The chart below reflects the results of the survey: Attachment: CM.PMA November 6 2019 PMA Salary Staff Report (6577 : Police Management Association Salary Update) Packet Pg. 99 Page 2 11.d 6496 POLICE MANAGEMENT ASSOCIATION FISCAL YEAR 2019/20 MOU Negotiations/Charter 186 Methodology (Final year of MOU) MONTHLY SALARY ASSISTANT CHIEF LIEUTENANTCAPTAINCHIEF 10 MIDDLE CITIES OF SURVEY:P-4P-5P-6P-7 Lancaster (Los Angeles County Sheriff)$ 13,256.00$ 16,798.00$ 28,491.00$ 30,431.00 Torrance$ 13,301.00$ 18,986.00$ 22,587.00$ 26,187.00 Santa Rosa$ 14,684.00$ 17,414.00$ 18,050.00$ 18,685.00 Thousand Oaks (Ventura County Sheriff)$ 14,236.00$ 16,371.00$ 20,756.00$ 24,496.00 Glendale$ 14,307.00$ 16,671.00$ 18,297.00$ 21,820.00 Jurupa Valley (Riverside County Sheriff)$ 13,982.00$ 16,245.00$ 22,704.00$ 22,789.00 Temecula (Riverside County Sheriff)$ 13,982.00$ 16,245.00$ 22,704.00$ 22,789.00 Moreno Valley (Riverside County Sheriff)$ 13,982.00$ 16,245.00$ 22,704.00$ 22,789.00 San Buena Ventura$ 14,403.00$ 15,721.00$ 17,039.00$ 20,810.00 Vallejo$ 13,932.00$ 16,374.00$ 19,087.00$ 21,800.00 10 CITY AVERAGE (rounded): $ 14,007.00$ 16,707.00$ 21,242.00$ 23,260.00 PMA CURRENT MONTHLY SALARIES AT 8/1/19 (including 3.5% previously approved increase):$ 14,743.00$ 17,351.00$ 19,522.00$ 21,330.00 $ DIFFERENCE SURVEY TO CURRENT: $ (736.00)$ (644.00) $ 1,720.00$ 1,930.00 % DIFFERENCE SURVEY TO CURRENT -4.99%-3.71%8.81%9.05% PROPOSED NEW MONTHLY SALARY PER POSITION -rounded): *NO CHANGE*NO CHANGE$ 21,242.00$ 23,260.00 * Survey result lower than current pay for Lieutenant and Captain classifcations-no change ANNUAL SALARY: PROPOSED NEW ANNUAL SALARY: NO CHANGENO CHANGE$ 254,904.00$ 279,120.00 CURRENT PMA ANNUAL SALARIES: $ 176,916.00$ 208,212.00$ 234,264.00$ 255,960.00 ANNUAL SALARY INCREASE PER POSITION: $ -$ - $ 20,640.00$ 23,160.00 Summarized below are the total increases on an annual basis for the PMA year to date this fiscal year by classification: ASSISTANT CHIEF LIEUTENANTCAPTAINCHIEF RECAP OF PMA ANNUAL INCREASES YTD FY 2019/20 P-4P-5P-6P-7 3.5% INCREASE IMPLEMENTED 8/1/19 $ 5,988.00 $ 7,044.00$ 7,920.00$ 8,652.00 SURVEY ADJUSTMENT (IF APPROVED) $ -$ - $ 20,640.00$ 23,160.00 TOTAL ANNUAL PMA INCREASES YTD $ 5,988.00 $ 7,044.00$ 28,560.00$ 31,812.00 2019-20 Goals and Objectives Updates to salaries for Police Management classifications align with Goal No. 5: Improve City Government Operations by ensuring that employees are fairly Attachment: CM.PMA November 6 2019 PMA Salary Staff Report (6577 : Police Management Association Salary Update) compensated. Packet Pg. 100 Page 3 11.d 6496 Fiscal Impact s agreement with the PMA, on August 21, 2019 the Mayor and Council approved updating Police Department salaries by this amount. Costing is based on eleven (11) months as the increases were effective August 1, 2019. The minimum 3.5% salary increase (plus applicable benefits of 19.43%) for 12 months was included in the FY 2019/2020 Adopted Budget for a total of $125,000. The additional increase beyond the budgeted amount needed to implement the survey results for both the Assistant Police Chief and Police Chief classifications is $37,503. The Police Department has indicated budget savings are available in the line item for part-time dispatch salaries (account # 001-210-0084-5014) to fund this additional cost. ASSISTANT CHIEF FISCAL IMPACT ANALYSIS LIEUTENANTCAPTAINCHIEFTOTAL P-4P-5P-6P-7 TOTAL COST TO CITY FOR SURVEY ADJUSTMENT: $ -$ - $ 22,597.00$ 25,355.00$ 47,952.00 TOTAL COST TO CITY FOR 3.5% PREVIOUSLY APPROVED: $ 65,560.00 $ 30,848.00$ 8,671.00$ 9,472.00$ 114,551.00 COMBINED INCREASES:$ 65,560.00 $ 30,848.00$ 31,268.00$ 34,827.00$ 162,503.00 BUDGETED:-$125,000.00 UNBUDGETED:$37,503.00 Note: Pursuant to Section 3.1 of the City Noting that the increase would be approximately $25,000 (excluding benefits), the City Manager has submitted a memorandum waiving the right. While the 3.5% MOU increase was anticipated when the employment agreement was drafted, the additional 9.05% was not. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2019-313, updating salaries for the San Bernardino Police Department Ranges P-6 (Assistant Chief) and P-7 (Chief) effective August 1, 2019 and approving a basic compensation plan for the Police Department; and 2. Authorize the Director of Finance to amend the FY 2019-20 budget and transfer $37,503 from account number 001-210-0084-5014 (dispatch part- time salaries) to account number 001-210-0001-50xx (police administration full-time salary and benefits). Attachments Attachment 1 Resolution; Exhibit A Attachment 2 Memorandum for Record Attachment 3 Attachment: CM.PMA November 6 2019 PMA Salary Staff Report (6577 : Police Management Association Salary Update) Synopsis of Previous Council Actions: On August 21, 2019, the basic compensation Packet Pg. 101 Page 4 11.d 6496 plan for the San Bernardino Police Department was approved by the Mayor and City Council effective August 1, 2019 (Resolution N0. 2019-267). Attachment: CM.PMA November 6 2019 PMA Salary Staff Report (6577 : Police Management Association Salary Update) Packet Pg. 102 Page 5 11.e Attachment: Attachment 3 - City Manager Memo (6577 : Police Management Association Salary Update) Packet Pg. 103 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 12 Staff Report City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Michael Huntley, Community & Economic Development Director Subject: Request for Cannabis Location Change Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial cannabis business permit location change requested by Nibble This, LLC. Background On February 21, 2019, the Mayor and City Council awarded sixteen (16) Commercial Cannabis Business (CCB) Permits covering several different license types. Nibble This, LLC. (Nibble This) was awarded a CCB permit for a Microbusiness to be located at 4130 W. Hallmark Parkway, San Bernardino, CA. On November 7, 2019, Nibble This submitted a request for a Zoning Verification Letter (ZVL) for an alternate location at 390 N. H Street, San Bernardino, CA. On November 18, 2019, Nibble This was issued an Approved ZVL for 390 N. H Street, San Bernardino, CA. On November 19, 2019, Nibble This submitted CCB application 19-0002, (Attachment 2), for a change in location from 4130 W. Hallmark Parkway, San Bernardino, CA to 390 N. H Street, San Bernardino, CA. Discussion Pursuant to Section 5.10.200(g) of the City of San Bernardino Municipal Code, it is required of the permit holder to apply for an amendment to its permit in order to change the location. Therefore, Nibble This, as the permit holder, has submitted an application in order to amend the location pursuant to the process and fees set forth in Section 5.10.090 as required by 5.10.200(g). Nibble This states that it has not been able to secure its property at its original application address at 4130 W. Hallmark Parkway, San Bernardino, CA as the property owner (Washington LLC) was also an applicant for a CCB. After not receiving a CCB Permit, the property owner sued, initiating litigation against the City, and the litigation is Packet Pg. 104 Page 1 12 6551 ongoing. Staff is recommending approval of the amendment to allow the change in location since the applicant cannot force the property owner to make the location available. Staff has reviewed the location change request and the Zoning Verification Letter (ZVL) Application (Attachment 1) and determined that it meets all requirements set forth in Chapter 5.10 of the City of San Bernardino Municipal Code. Additionally, pursuant to Section 5.10.180(c) (Noticing Requirements) of the City of San Bernardino Municipal Code, a Notice of Public Hearing was sent to all property owners located within a six hundred (600) foot radius of the proposed business location. Finally, as required by Section 5.10.180(i) the applicant paid fees of $3,884. 2019-20 Goals and Objectives The Location Change Request aligns with Goal No. 3: Create, Maintain and Grow Jobs and Economic Value in the City. Fiscal Impact Commercial Cannabis Business Permit applicants are required to pay an application fee Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial cannabis business permit location change requested by Nibble This, LLC. Attachments Attachment 1 Zoning Verification Letter Application (ZVL) 19-0007 Attachment 2 Commercial Cannabis Business (CCB) 19-0002 Ward: Synopsis of Previous Council Actions: February 21, 2019 The Mayor and City Council previously approved CCB18-0032. Packet Pg. 105 Page 2 12.a Attachment: CED.Nibble This Location Change. ZVL 19-0007.Attachement 1 (6551 : Request for Cannabis Location Change) Packet Pg. 106 12.a Attachment: CED.Nibble This Location Change. ZVL 19-0007.Attachement 1 (6551 : Request for Cannabis Location Change) Packet Pg. 107 12.b Attachment: CED. Nibble This REDACTED_AA (6551 : Request for Cannabis Location Change) Packet Pg. 108 12.b Attachment: CED. Nibble This REDACTED_AA (6551 : Request for Cannabis Location Change) Packet Pg. 109 12.b Attachment: CED. Nibble This REDACTED_AA (6551 : Request for Cannabis Location Change) Packet Pg. 110 12.b Attachment: CED. 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Nibble This REDACTED_AA (6551 : Request for Cannabis Location Change) Packet Pg. 212 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 13 Public Hearing City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Alex Qishta, Acting Public Works Director Subject: Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Zone No. 4, APN 0266-041-39 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. 2020-20 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. 3); and 3) Hold a special landowner election and canvass the election; and 4) Adopt Resolution No. 2020-21 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. 3); and 5) Introduce Ordinance No. MC-1528 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 2020-21 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6) Schedule the final reading and adoption of Ordinance No MC-1528 for February 5, 2020. Background On December 4, 2019, the Mayor and City Council adopted Resolution No. 2019-346, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 Packet Pg. 213 Page 1 13 6562 pursuant to the provisions of t- public hearing was set for January 15, 2020 on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on December 10, 2019, at 2:11 p.m. in Book 89 Page 8, Document No. 2019-0455848 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder. The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 2.78 gross acres of vacant commercial property in the city, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The Developer requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Maintenance of landscaping and other public improvements installed within the public rights-of-way; and 2. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and 3. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The Developer has asked the City that the area described in Exhibit C of the Resolution of Intention be established as the initial boundaries of CFD No. 2019-1, that a Rate and Method of Apportionment (RMA) for the special taxes to be levied therein be established, and the Mayor and City Council establish the boundaries as described in Exhibit D to the Resolution of Intention to be the boundaries of the territory in which future annexations into CFD No. 2019-1 may occur from time to time. The proposed area to be annexed into the CFD will be included in Tax Zone 4. The proposed total maximum tax rate for Tax Zone 4 is $1,136 per acre per year. Public maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the Packet Pg. 214 Page 2 13 6562 conduct of the election. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted December 4, 2019. Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. Resolution declaring the results of the election and directing the recording of the notice of special tax lien. Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for February 5, 2020. Discussion The Resolution of Intention called for a public hearing is to be held on January 15, 2020 on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Mayor and City Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD. Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2020-20, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2020-21 declaring the results of the election. Packet Pg. 215 Page 3 13 6562 2019-20 Goals and Objectives This project is consistent with Goal No 4. Ensure Development of a Well-Planned Balanced and Sustainable City. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $2,837 to be used to pay for maintenance costs within the development. On June 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019- Conclusion 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. 2020-20 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. 3); and 3) Hold a special landowner election and canvass the election; and 4) Adopt Resolution No. 2020-21 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. 3); and 5) Introduce Ordinance No. MC-1528 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 2020-21 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality Packet Pg. 216 Page 4 13 6562 improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6) Schedule the final reading and adoption of Ordinance No MC-1528 for February 5, 2020. Attachments Attachment 1 PowerPoint Attachment 2 Project Map Attachment 3 Resolution No. 2020-20 Calling Election; Exhibit A-Description of Services; Exhibit B-Rate and Method of Apportionment; Exhibit C-Ballot Attachment 4 Resolution No. 2020-21 Declaring Election Results; Exhibit A- Description of Services; Exhibit B-Maintenance Services Attachment 5 Certificate of Election Results Attachment 6 Ordinance No. MC-1528 (Ordinance Levying Special Taxes) Attachment 7 Petition Ward: All Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services of the City of San Bernardino (the "Resolution of Intention"), pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982". July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. December 4, 2019 Mayor and City Council adopted Resolution No. 2019-346, a Resolution of intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "Resolution of Intention"), pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982". Packet Pg. 217 Page 5 Attachment: PW.CFD 2019-1 Annex 3 PowerPoint (6562 : 13.a Packet Pg. 218 Director of Public Works/City Engineer , Deputy 1 Annexation No. 3: Qishta - Public Hearing CFD No. 2019 Tax Zone No. 4 (Got Propane) Presented by Alex Attachment: PW.CFD 2019-1 Annex 3 PowerPoint (6562 : 13.a Packet Pg. 219 1 to cover - 1 Annexation No. 3 - 1 as Tax Zone 4. The maximum - 07. This proposed development - D18 - Public Hearing on CFD 2019 n o i s s u The Developer, Got Propane, Inc., has requested the City assist them in annexing territory into CFD No. 2019the costs associated with the maintenance of Public Improvements.The area proposed within Annexation No. 3 includes all property within DPconsists of 2.78 gross acres of vacant commercial property.The proposed maximum annual tax of $1,136 per acre will be included in CFD No. 2019annual tax is proposed to escalate at the greater of the Consumer Price Index (CPI) or 2%. c s i D Attachment: PW.CFD 2019-1 Annex 3 PowerPoint (6562 : 13.a Packet Pg. 220 - of - 1 Annexation No. 3 - ) . t n o C ( Public Hearing on CFD 2019 n o i s All costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas in public street rightpublic landscaping, parks, open spaces and other similar landscaped areas officially dedicated for public use, street sweeping and pavement management, street lighting and traffic signal maintenance, graffiti removal and abatement, flood and storm protection services and the operation of storm drainage systems.In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds. s u The services, which may be funded with proceeds of the special tax include: c s i D Attachment: PW.CFD 2019-1 Annex 3 PowerPoint (6562 : 13.a Packet Pg. 221 Project Location Attachment: PW.CFD 2019-1 Annex 3 PowerPoint (6562 : 13.a Packet Pg. 222 1 Annexation No. 3 - out the total Special Tax - t c a Public Hearing on CFD 2019 p m I l a It is anticipated that at buildrevenues to pay for maintenance costs will be approximately $2,837. All costs associated with the annexation is borne by the Developer. There is no fiscal c s i F Attachment: PW.CFD 2019-1 Annex 3 PowerPoint (6562 : 13.a . Packet Pg. 223 O N , ERNARDINO ("CFD LANDOWNER B ) ELECTION AN S THE ERVICES OF SPECIAL S ITY OF C : CANVASS , TO AND 1 Annexation No. 3 RESULTS - AINTENANCE ACTIONS ELECTION (M 1 TERRITORY - THE ELECTION OF 2019 DECLARING . FOLLOWING O , CALLING N THE LANDOWNER ANNEXATION ISTRICT ESOLUTION HEARING n TAKING R D o i ESOLUTION t BY A R SPECIAL c INITIATE A A A PUBLIC d e ACILITIES DOPT F d OLD OLD "CFD")DOPT A n Public Hearing on CFD 2019 H H AND A OUNCIL e . .. . ; OR C ABCD " m 1 - m ITY o C c OMMUNITY . e 1C2019 ELECTION R Attachment: PW.CFD 2019-1 Annex 3 PowerPoint (6562 : 13.a ; Packet Pg. 224 ) THE FOR FUTURE RDINANCE O THE RDINANCE IN AN O APPORTIONING EXIST AND WILL MENDED A NTRODUCE I , AND THE 1 Annexation No. 3 - LEVYING OF EXISTS AND RESOLUTIONS NOW IT ADOPTION 1522 - AS ( AND 1 - MC PRECEDING . O 2019 N THE . READING O OF N . FINAL CFD RDINANCE THE 2020 IN O , Public Hearing on CFD 2019 5 APPROVAL TAX PON CHEDULE U S .. EBRUARY 2 AMENDINGSPECIALAND 3F Attachment: PW.CFD 2019-1 Annex 3 PowerPoint (6562 : 13.a Packet Pg. 225 Questions? Attachment: PW.CFD 2019-1 Annex 3 Attach 1. Project Map (6562 : Annexation No. 3 to CFD 2019-1 13.b Packet Pg. 226 13.c RESOLUTION NO. 2020-20 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 3) WHEREAS, the Mayor and - declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance --Roos Community Facilities Act of 1982 taxes within CFD No. 2019-1 pursuant to described in Exhibit A hereto, and WHEREAS, the City Council set a public hearing for July 17, 2019 after which the Council adopted Resolution No. 2019-081 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-081 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on December 4, 2019 duly adopted Resolution No. 2019- 346 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for January 15, 2020; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 3 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on December 10, 2019, in Book 89 of Maps of Assessment and Attachment: PW.CFD 2019-1 Annex 3 Attach 2. Reso 2020-20 Calling an Election (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) Packet Pg. 227 13.c Community Facilities Districts at Page 8, in the office of the San Bernardino County Recorder; and WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on January 15, 2020, not earlier than the hour of 7:00 p.m. at t the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California 92418, relative to the proposed annexation of said territory to CFD No. 2019-1; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Clerk has concurred in the election date set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERANRDINO, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct. Section 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention. Section 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled. Attachment: PW.CFD 2019-1 Annex 3 Attach 2. Reso 2020-20 Calling an Election (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) Packet Pg. 228 13.c Section 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to CFD No. 2019-1 are valid and in conformity with the requirements of the Act. Section 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit A hereto. Section 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property. Section 7. Tax Roll Preparation. The office of the Public Works Director, Street, San Bernardino, California 92418, is hereby designated as the office that will be parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents. Section 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1. Section 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on January 15, 2020, and shall be conducted as follows: (a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on December 5, 2019 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1. (b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single Attachment: PW.CFD 2019-1 Annex 3 Attach 2. Reso 2020-20 Calling an Election (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) Packet Pg. 229 13.c ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on January 15, 2020. The City Clerk shall have available ballots that may be voted, the City Clerk may close the election. (e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on January 15, 2020, or when all City Clerk shall declare the results of the election. (f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns. Section 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office. APPROVED and ADOPTED at a regular meeting of the City Council of the City of San Bernardino, California, this 15th day of January 2020. _____________________________ John Valdivia, Mayor City of San Bernardino Attest: _________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Attachment: PW.CFD 2019-1 Annex 3 Attach 2. Reso 2020-20 Calling an Election (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) Packet Pg. 230 13.c CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-20, adopted at a regular meeting held on the 15th day of January 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2020. ______________________________ Georgeann Hanna, MMC, City Clerk Attachment: PW.CFD 2019-1 Annex 3 Attach 2. Reso 2020-20 Calling an Election (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) Packet Pg. 231 13.d EXHIBIT A DESCRIPTION OF SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. Attachment: PW Annexation No. 3 to CFD 2019-1 - 2020-20 Exhibit A (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Packet Pg. 232 13.e RATEANDMETHODOFAPPORTIONMENTOFSPECIALTAXFOR COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) OFTHECITYOFSANBERNARDINO ASpecialTax(theͻ{ƦĻĭźğƌğǣͼΜshallbeleviedonandcollectedfromeach!ƭƭĻƭƭƚƩƭParcel(defined below)inCommunityFacilitiesDistrictNo.20191(MaintenanceServices)(theͻ/C5No.2019Њͼor ͻ/C5ͼͳdefinedbelow),ineachFiscalYear,(definedbelow),commencingintheFiscalYearbeginningJuly 1,2019,inanamountdeterminedbytheCityCounciloftheCityofSanBernardino,actinginitscapacity asthelegislativebodyofCFDNo.20191,byapplyingtherateandmethodofapportionmentsetforth below.AlloftherealpropertyinCFDNo.20191,unlessexemptedbylaworbytheprovisionsherein, shallbetaxedtotheextentandinthemannerprovidedherein. A. DEFINITIONS ͻ!ĭƩĻͼ or ͻ!ĭƩĻğŭĻͼ meansthelandareaofan!ƭƭĻƭƭƚƩƭParcelasshownonany!ƭƭĻƭƭƚƩƭParcel Map,orifthelandareaisnotshownonthe!ƭƭĻƭƭƚƩƭParcelMap,thelandareaasshownonthe applicableFinalMap,oriftheareaisnotshownontheapplicableFinalMap,thelandareashallbe calculatedbytheAdministrator. ͻ!ķƒźƓźƭƷƩğƷźǝĻ9ǣƦĻƓƭĻƭͼ meanstheactualorreasonablyestimatedcostsdirectlyrelatedtothe formation,annexation,andadministrationofCFDNo.20191including,butnotlimitedto:thecosts ofcomputingtheSpecialTaxesandpreparingtheannualSpecialTaxcollectionschedules(whether bytheCityordesigneethereoforboth);thecoststotheCity,CFDNo.20191,oranydesigneethereof associatedwithfulfillingtheCFDNo.20191disclosurerequirements;thecostsassociatedwith respondingtopublicinquiriesregardingtheSpecialTaxes;thecostsoftheCity,CFDNo.20191or anydesigneethereofrelatedtoanappealoftheSpecialTax;andtheCity'sannualadministrationfees includingpaymentofaproportionalshareofsalariesandbenefitsofanyCityemployeesandCity overheadwhosedutiesarerelatedtotheadministrationandthirdpartyexpenses.Administrative ExpensesshallalsoincludeamountsestimatedoradvancedbytheCityorCFDNo.20191forany otheradministrativepurposesofCFDNo.20191,includingattorney'sfeesandothercostsrelatedto commencingandpursuingtocompletionanyforeclosureofdelinquentSpecialTaxes. ͻ!ķƒźƓźƭƷƩğƷƚƩͼ meanstheCityManageroftheCityofSanBernardino,orhisorherdesignee. ͻ!ƦƦƩƚǝĻķtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩƭParcelsofTaxablePropertythatareincludedinaFinal MapthatwasrecordedpriortotheMarch1precedingtheFiscalYearinwhichtheSpecialTaxisbeing levied,andthathavenotbeenissuedabuildingpermitonorpriortotheMarch1precedingtheFiscal yearinwhichthespecialtaxisbeinglevied. ͻ!ƭƭĻƭƭƚƩƭtğƩĭĻƌͼ meansalotorparceloflandthatisidentifiablebyan!ƭƭĻƭƭƚƩƭParcelNumber bytheCountyAssessoroftheCountyofSanBernardino. ͻ!ƭƭĻƭƭƚƩƭParcelağƦͼ meansanofficialmapoftheAssessoroftheCountydesignatingparcelsby !ƭƭĻƭƭƚƩƭParcelNumber. ͻ!ƭƭĻƭƭƚƩƭParcelbǒƒĬĻƩͼ meansthatidentificationnumberassignedtoaparcelbytheCounty AssessoroftheCounty. Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino1 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 233 13.e ͻ.ǒźƌķźƓŭSquareCƚƚƷğŭĻͼ or ͻ.{Cͼ meansthefloorareasquarefootagereflectedontheoriginal constructionbuildingpermitissuedforconstructionofabuildingofNonResidentialPropertyandany BuildingSquareFootagesubsequentlyaddedtoabuildingofsuchTaxablePropertyafterissuanceof abuildingpermitforexpansionorrenovationofsuchbuilding. ͻ/ğƌĻƓķğƩĻğƩͼ meanstheperiodcommencingJanuary1ofanyyearandendingthefollowing December31. ͻ/C5ͼ or ͻ/C5No.2019Њͼ meanstheCityofSanBernardinoCommunityFacilitiesDistrictNo.2019 1(MaintenanceServices). ͻ/źƷǤͼ meanstheCityofSanBernardino. ͻ/ƚƓƷźƓŭĻƓƷSpecialTaxBwĻƨǒźƩĻƒĻƓƷͼ meansthatamountrequiredinanyFiscalYear,ifthePOA isunabletomaintaintheService(s)to:(i)paythecostsofServicesincurredorotherwisepayablein theCalendarYearcommencinginsuchFiscalYear;(ii)fundanoperatingreserveforthecosts ofServicesasdeterminedbytheAdministrator;lessacreditforfundsavailabletoreducetheannual SpecialTaxB(Contingent)levyasdeterminedbytheAdministrator. ͻ/ƚǒƓƷǤͼ meanstheCountyofSanBernardino. ͻ5ĻǝĻƌƚƦĻķtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩƭParcelsofTaxablePropertyforwhichabuildingpermit fornewconstructionhasbeenissuedonorpriortoMarch1precedingtheFiscalYearinwhichthe SpecialTaxisbeinglevied. ͻ9ǣĻƒƦƷtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩƭParcelsdesignatedasbeingexemptfromtheSpecialTaxas providedforinSectionG. ͻCźƓğƌağƦͼ meansasubdivisionofpropertybyrecordationofafinalmap,parcelmap,orlotline adjustment,pursuanttotheSubdivisionMapAct(CaliforniaGovernmentCodeSection66410etseq.) orrecordationofacondominiumplanpursuanttoCaliforniaCivilCode1352thatcreatesindividual lotsforwhichbuildingpermitsmaybeissuedwithoutfurthersubdivision. st ͻCźƭĭğƌĻğƩͼ means theperiodfromandincludingJuly1ofanyyeartoandincludingthefollowing th June30 . ͻ\[ğƓķUse/ğƷĻŭƚƩǤͼ or ͻ\[ /ͼ meansanyofthecategoriescontainedinSectionBhereoftowhichan !ƭƭĻƭƭƚƩƭParcelisassignedconsistentwiththelanduseapprovalsthathavebeenreceivedor proposedforthe!ƭƭĻƭƭƚƩƭParcelasofMarch1precedingtheFiscalYearinwhichtheSpecialTaxis beinglevied. ͻağǣźƒǒƒSpecialğǣͼ meanseitherMaximumSpecialTaxAand/orMaximumSpecialTaxB (Contingent),asapplicable. ͻağǣźƒǒƒSpecialTax!ͼ meanstheMaximumSpecialTaxA,asdeterminedinaccordancewith SectionCbelowthatcanbeleviedinanyFiscalYearonanyAssessor'sParcelofTaxableProperty withinCFDNo.20191. Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino2 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 234 13.e ͻağǣźƒǒƒSpecialTaxBΛ/ƚƓƷźƓŭĻƓƷΜͼ meanstheMaximumSpecialTaxB(Contingent),as determinedinaccordancewithSectionCbelowthatcanbeleviedinanyFiscalYearonanyAssessor's ParcelofTaxablePropertywithinCFDNo.20191. ͻaǒƌƷźFamilyResidentialtƩƚƦĻƩƷǤͼ meansany!ƭƭĻƭƭƚƩƭParcelofresidentialpropertythatconsists ofabuildingorbuildingscomprisedofattachedResidentialUnitssharingatleastonecommonwall withanotherunit. ͻbƚƓResidentialtƩƚƦĻƩƷǤͼ or ͻbwͼ meansallAssessor'sParcelsofTaxablePropertyforwhicha buildingpermit(s)wasissuedforanonresidentialuse.TheAdministratorshallmakethe determinationifan!ƭƭĻƭƭƚƩƭParcelisNonResidentialProperty. ͻtƩƚƦĻƩƷǤhǞƓĻƩƭ!ƭƭƚĭźğƷźƚƓͼ or ͻth!ͼ meansthepropertyƚǞƓĻƩƭassociationorŷƚƒĻƚǞƓĻƩƭ associationestablishedtomaintaincertainlandscapingwithinaTaxZone. ͻtƩƚƦƚƩƷźƚƓğƷĻƌǤͼ meansforTaxablePropertythatis:(i)DevelopedProperty,thattheratioofthe actualSpecialTaxlevytotheMaximumSpecialTaxisthesameforallParcelsofDevelopedProperty withthesameTaxZone,(ii)ApprovedProperty,thattheratiooftheactualSpecialTaxlevytothe MaximumSpecialTaxisthesameforallParcelsofApprovedPropertywiththesameTaxZone,and (iii)UndevelopedPropertythattheratiooftheactualSpecialTaxlevyperacretotheMaximum SpecialTaxperacreisthesameforallParcelsofUndevelopedPropertywiththesameTaxZone. ͻwĻƭźķĻƓƷźğƌ ƓźƷͼ or"RU"meansaresidentialunitthatisusedorintendedtobeusedasadomicile byoneormorepersons,asdeterminedbytheAdministrator. ͻwĻƭźķĻƓƷźğƌtƩƚƦĻƩƷǤͼ meansall!ƭƭĻƭƭƚƩƭParcelsofTaxablePropertyuponwhichcompleted ResidentialUnitshavebeenconstructedorforwhichbuildingpermitshavebeenormaybeissuedfor purposesofconstructingoneormoreResidentialUnits. ͻ{ĻƩǝźĭĻΛƭΜͼ meansservicespermittedundertheMelloRoosCommunityFacilitiesActof1982 including,withoutlimitation,thoseservicesauthorizedtobefundedbyCFDNo.20191assetforth inthedocumentsadoptedbytheCityCouncilatthetimetheCFDwasformed. ͻ{źƓŭƌĻFamilyResidentialtƩƚƦĻƩƷǤͼ meansanyresidentialpropertyotherthanMultiFamily ResidentialPropertyonan!ƭƭĻƭƭƚƩƭParcel. ͻ{ƦĻĭźğƌğǣΛĻƭΜͼ meanstheSpecialTaxAand/orSpecialTaxB(Contingent)tobeleviedineachFiscal Yearoneach!ƭƭĻƭƭƚƩƭParcelofTaxableProperty. ͻ{ƦĻĭźğƌTax!ͼ meanstheannualspecialtaxtobeleviedineachFiscalYearoneach!ƭƭĻƭƭƚƩƭParcel ofTaxablePropertytofundtheSpecialTaxARequirement. "SpecialTaxARequirement"meansforeachTaxZone,thatamounttobecollectedinanyFiscalYear topayforcertaincostsasrequiredtomeettheneedsforsuchTaxZoneofCFDNo.20191inboth thecurrentFiscalYearandthenextFiscalYear.Thecoststobecoveredshallbethedirectcostsfor maintenanceservicesincludingbutnotlimitedto(i)maintenanceandlightingofparks,parkways, streets,roadsandopenspace,(ii)maintenanceandoperationofwaterqualityimprovements,(iii) publicstreetsweeping,(iv)fundanoperatingreserveforthecostsofServicesasdeterminedbythe Administrator,and(v)AdministrativeExpenses.UndernocircumstancesshalltheSpecialTaxA RequirementincludefundsforBonds. Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino3 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 235 13.e ͻ{ƦĻĭźğƌTaxBΛ/ƚƓƷźƓŭĻƓƷΜͼ meanstheSpecialTaxB(Contingent)tobeleviedineachFiscalYearon each!ƭƭĻƭƭƚƩƭParcelofTaxablePropertytofundtheContingentSpecialTaxBRequirement,if required. "TaxableProperty"meansall!ƭƭĻƭƭƚƩƭParcelswithinCFDNo.20191,whicharenotExempt Property. ͻğǣğĬƌĻ ƓźƷͼ meansaResidentialUnit,BuildingSquareFootage,oranAcre. "TaxZone"meansamutuallyexclusivegeographicarea,withinwhichparticularSpecialTaxratesmay beleviedpursuanttothisRateandMethodofApportionmentofSpecialTax.AppendixCidentifies theTaxZoneinCFDNo.20191atformation;additionalTaxZonesmaybecreatedwhenpropertyis annexedintotheCFD. "TaxZone1"meansthespecificgeographicareaidentifiedontheCFDBoundaryMapasTaxZone1. "Tract(s)"meansanareaofland;i)withinasubdivisionidentifiedbyaparticulartractnumberona FinalMap,ii)identifiedwithinaParcelMap;oriii)identifiedwithinlotlineadjustmentapprovedfor subdivision. ͻ ƓķĻǝĻƌƚƦĻķtƩƚƦĻƩƷǤͼ means,foreachFiscalYear,allTaxablePropertynotclassifiedasDeveloped PropertyorApprovedProperty. B. ASSIGNMENTTOLANDUSECATEGORIES ForeachFiscalYear,all!ƭƭĻƭƭƚƩƭParcelsofTaxablePropertywithinCFDNo.20191shallbeclassified asDevelopedProperty,ApprovedProperty,orUndevelopedProperty,andshallbesubjecttothelevy ofSpecialTaxesasdeterminedpursuanttoSectionsCandDbelow.!ƭƭĻƭƭƚƩƭParcelsofDeveloped PropertyandApprovedPropertyshallbeclassifiedaseitherResidentialPropertyorNonResidential Property.ResidentialPropertyshallbefurtherclassifiedasSingleFamilyResidentialPropertyor MultiFamilyResidentialPropertyandthenumberofResidentialUnitsshallbedeterminedbythe Administrator. C. MAXIMUMSPECIALTAXRATES ForpurposesofdeterminingtheapplicableMaximumSpecialTaxfor!ƭƭĻƭƭƚƩƭParcelsofDeveloped PropertyandApprovedPropertywhichareclassifiedasResidentialProperty,allsuch!ƭƭĻƭƭƚƩƭ ParcelsshallbeassignedthenumberofResidentialUnit(s)constructedortobeconstructedthereon asspecifiedinorshownonthebuildingpermit(s)issuedorFinalMapasdeterminedbythe Administrator.ForParcelsofundevelopedpropertyzonedfordevelopmentofsinglefamilyattached ormultifamilyunits,thenumberofResidentialUnitsshallbedeterminedbyreferencingthe condominiumplan,apartmentplan,siteplanorotherdevelopmentplan,orbyassigningthe maximumallowableunitspermittedbasedontheunderlyingzoningfortheParcel.Onceasingle familyattachedormultifamilybuildingorbuildingshavebeenbuiltonanAssessor'sParcel,the AdministratorshalldeterminetheactualnumberofResidentialUnitscontainedwithinthebuilding orbuildings,andtheSpecialTaxAleviedagainsttheParcelinthenextFiscalYearshallbecalculated bymultiplyingtheactualnumberofResidentialUnitsbytheMaximumSpecialTaxperResidential UnitidentifiedfortheTractbeloworasincludedinAppendixAaseachAnnexationoccurs. ForpurposesofdeterminingtheapplicableMaximumSpecialTaxfor!ƭƭĻƭƭƚƩƭParcelsofDeveloped PropertyandApprovedPropertywhichareclassifiedasNonResidentialProperty,allsuch!ƭƭĻƭƭƚƩƭ Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino4 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 236 13.e ParcelsshallbeassignedthenumberofBuildingSquareFootageorAcresasshownontheFinalMap asdeterminedbytheAdministrator.OncetheAdministratordeterminestheactualnumberof BuildingSquareFootageorAcresforthe!ƭƭĻƭƭƚƩƭParcels,theSpecialTaxAleviedagainstthe !ƭƭĻƭƭƚƩƭParcelinthenextFiscalYearshallbecalculatedbymultiplyingthenumberofBuilding SquareFootageorAcresbytheMaximumSpecialTaxperTaxableUnitidentifiedfortheTaxZone beloworasincludedinAppendixAaseachAnnexationoccurs. 1.SpecialTaxA a.DevelopedProperty (i)MaximumSpecialTaxA TheMaximumSpecialTaxAforeach!ƭƭĻƭƭƚƩƭParcelofDevelopedPropertyshallbespecific toeachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.20191, therateandmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTax AfortheTaxZonesannexedandincludedinAppendixA.TheMaximumSpecialTaxAfor DevelopedPropertyforFiscalYear20192020withinTaxZone1isidentifiedinTable1below: TABLE1 MAXIMUMSPECIALTAXARATES DEVELOPEDPROPERTY TaxTaxableMaximum ZoneTractLandUseCategoryUnitSpecialTaxA 1TR17170SingleFamilyResidentialPropertyRU$961 (ii)IncreaseintheMaximumSpecialTaxA OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforDeveloped Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems) forLosAngelesRiversideOrangeCounty(198284=100)sincethebeginningofthe precedingFiscalYear,orii)bytwopercent(2.0%),whicheverisgreater. (iii)MultipleLandUseCategories InsomeinstancesanAssessor'sParcelofDevelopedPropertymaycontainmorethanone LandUseCategory.TheMaximumSpecialTaxAthatcanbeleviedonanAssessor'sParcel shallbethesumoftheMaximumSpecialTaxAthatcanbeleviedforeachLandUseCategory locatedonthatAssessor'sParcel.ForanAssessor'sParcelthatcontainsmorethanoneland use,theAcreageofsuchAssessor'sParcelshallbeallocatedtoeachtypeofpropertybased ontheamountofAcreagedesignatedforeachlanduseasdeterminedbyreferencetothe siteplanapprovedforsuchAssessor'sParcel.TheAdministrator'sallocationtoeachtypeof propertyshallbefinal. b.ApprovedProperty TheMaximumSpecialTaxAforeach!ƭƭĻƭƭƚƩƭParcelofApprovedPropertyshallbespecificto eachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.20191,therate andmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTaxAforthe TaxZoneannexedandincludedinAppendixA.TheMaximumSpecialTaxAforApprovedproperty FiscalYear201920withinTaxZone1isidentifiedinTable2below: Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino5 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 237 13.e TABLE2 MAXIMUMSPECIALTAXARATES APPROVEDPROPERTY TaxTaxableMaximum ZoneTractLandUseCategoryUnitSpecialTaxA 1TR17170SingleFamilyResidentialRU$961 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforApprovedProperty shallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLosAngeles RiversideOrangeCounty(198284=100)sincethebeginningoftheprecedingFiscalYear,orii) bytwopercent(2.0%),whicheverisgreater. c.UndevelopedProperty TheMaximumSpecialTaxAforeach!ƭƭĻƭƭƚƩƭParcelofUndevelopedPropertyshallbespecific toeachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.20191,the rateandmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTaxAfor theTaxZoneannexedandincludedinAppendixA.TheMaximumSpecialTaxAforUndeveloped PropertyforFiscalYear201920withinTaxZone1isidentifiedinTable3below: TABLE3 MAXIMUMSPECIALTAXARATES UNDEVELOPEDPROPERTY TaxZoneTractsTaxableUnitMaximumSpecialTaxA 1TR17170Acre$4,338 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforUndevelopedProperty shallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLosAngeles RiversideOrangeCounty(198284=100)sincethebeginningoftheprecedingFiscalYear,orii) bytwopercent(2.0%),whicheverisgreater. 2.SpecialTaxB(Contingent) TheCityCouncilshalllevySpecialTaxB(Contingent)onlyintheeventthePOAdefaultsinitsbligation tomaintaintheContingentServices,whichdefaultshallbedeemedtohaveoccurred,asdetermined bytheAdministrator,ineachofthefollowingcircumstances: (a)ThePOAfilesforbankruptcy; (b)ThePOAisdissolved; (c)ThePOAceasestolevyannualassessmentsfortheContingentServices;or (d)ThePOAfailstoprovidetheContingentServicesatthesamelevelastheCityprovidessimilar servicesandmaintainssimilarimprovementsthroughouttheCityandwithinninety(90)days afterwrittennoticefromtheCity,orsuchlongerperiodpermittedbytheCityManager,fails toremedythedeficiencytothereasonablesatisfactionoftheCityCouncil. a.DevelopedProperty (i)MaximumSpecialTaxB(Contingent) Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino6 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 238 13.e TheMaximumSpecialTaxB(Contingent)foreach!ƭƭĻƭƭƚƩƭParcelofTaxablePropertyis showninTable4andshallbespecifictoeachTaxZonewithintheCFD.Whenadditional propertyisannexedintoCFDNo.20191,therateandmethodadoptedfortheannexed propertyshallreflecttheMaximumSpecialTaxB(Contingent)foreachTaxZonesannexed andincludedinAppendixA.TheMaximumSpecialTaxB(Contingent)forFiscalYear201920 withinTaxZone1isidentifiedinTable4below: TABLE4 MAXIMUMSPECIALTAXB(CONTINGENT)RATES DEVELOPEDPROPERTY TaxTaxableMaximumSpecial ZoneTractLandUseCategoryUnitTaxB(Contingent) 1TR17170SingleFamilyResidentialPropertyRU$0 (ii)IncreaseintheMaximumSpecialTaxB(Contingent) OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)for DevelopedPropertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex (AllItems)forLosAngelesRiversideOrangeCounty(198284=100)sincethebeginningof theprecedingFiscalYear,orii)bytwopercent(2.0%),whicheverisgreater. (iii)MultipleLandUseCategories InsomeinstancesanAssessor'sParcelofDevelopedPropertymaycontainmorethanone LandUseCategory.TheMaximumSpecialTaxB(Contingent)thatcanbeleviedonan Assessor'sParcelshallbethesumoftheMaximumSpecialTaxB(Contingent)thatcanbe leviedforeachLandUseCategorylocatedonthatAssessor'sParcel.ForanAssessor'sParcel thatcontainsmorethanonelanduse,theAcreageofsuchAssessor'sParcelshallbeallocated toeachtypeofpropertybasedontheamountofAcreagedesignatedforeachlanduseas determinedbyreferencetothesiteplanapprovedforsuchAssessor'sParcel.The Administrator'sallocationtoeachtypeofpropertyshallbefinal. b.ApprovedProperty TheMaximumSpecialTaxB(Contingent)foreach!ƭƭĻƭƭƚƩƭParcelofTaxablePropertyisshown inTable5andshallbespecifictoeachTaxZonewithintheCFD.Whenadditionalpropertyis annexedintoCFDNo.20191,therateandmethodadoptedfortheannexedpropertyshallreflect theMaximumSpecialTaxB(Contingent)fortheTaxZoneannexedandincludedinAppendixA. TheMaximumSpecialTaxB(Contingent)forFiscalYear201920withintheTaxZoneisidentified inTable5below: TABLE5 MAXIMUMSPECIALTAXB(CONTINGENT)RATES APPROVEDPROPERTY TaxTaxableMaximumSpecial ZoneTractLandUseCategoryUnitTaxB(Contingent) 1TR17170SingleFamilyResidentialPropertyRU$0 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)forApproved Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)for Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino7 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 239 13.e LosAngelesRiversideOrangeCounty(198284=100)sincethebeginningofthepreceding FiscalYear,orii)bytwopercent(2.0%),whicheverisgreater. c.UndevelopedProperty TheMaximumSpecialTaxB(Contingent)foreach!ƭƭĻƭƭƚƩƭParcelofTaxablePropertyisshown inTable6andshallbespecifictoeachTaxZonewithintheCFD.Whenadditionalpropertyis annexedintoCFDNo.20191,therateandmethodadoptedfortheannexedpropertyshallreflect theMaximumSpecialTaxB(Contingent)fortheTaxZoneannexedandincludedinAppendixA. TheMaximumSpecialTaxB(Contingent)forFiscalYear201920withintheTaxZoneisidentified inTable6below: TABLE6 MAXIMUMSPECIALTAXB(CONTINGENT)RATES UNDEVELOPEDPROPERTY TaxZoneMaximumSpecial TractsTaxableUnitTaxB(Contingent) 1TR17170Acre$0 OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)forUndeveloped Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLos AngelesRiversideOrangeCounty(198284=100)sincethebeginningoftheprecedingFiscalYear, orii)bytwopercent(2.0%),whicheverisgreater. D. METHODOFAPPORTIONMENTOFANNUALSPECIALTAX 1.SpecialTaxA CommencingwithFiscalYear201920andforeachfollowingFiscalYear,theCouncilshalldetermine theSpecialTaxARequirementandshalllevytheSpecialTaxAonall!ƭƭĻƭƭƚƩƭParcelsofTaxable PropertyuntiltheaggregateamountofSpecialTaxAequalstheSpecialTaxARequirementforeach TaxZone.TheSpecialTaxAshallbeleviedforeachFiscalYearasfollows: First:TheSpecialTaxAshallbeleviedProportionatelyonall!ƭƭĻƭƭƚƩƭParcelsofDeveloped PropertywithineachTaxZoneupto100%oftheapplicableMaximumSpecialTaxtosatisfytheSpecial TaxARequirementforsuchTaxZone; Second:IfadditionalmoneysareneededtosatisfytheSpecialTaxARequirementforaTaxZone afterthefirststephasbeencompleted,theSpecialTaxAshallbeleviedProportionatelyoneach ParcelofApprovedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecialTaxAfor ApprovedProperty; Third:IfadditionalmoniesareneededtosatisfytheSpecialTaxARequirementforaTaxZone afterthefirsttwostepshasbeencompleted,theSpecialTaxAshallbeleviedProportionatelyonall !ƭƭĻƭƭƚƩƭParcelsofUndevelopedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecial TaxAforUndevelopedProperty. 2.SpecialTaxB(Contingent) CommencingwithFiscalYearinwhichSpecialTaxB(Contingent)isauthorizedtobeleviedandfor eachfollowingFiscalYear,theCityCouncilshalldeterminetheContingentSpecialTaxB(Contingent) RequirementforeachTaxZone,ifany,andshalllevytheSpecialTaxonall!ƭƭĻƭƭƚƩƭParcelsof Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino8 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 240 13.e TaxablePropertywithinsuchTaxZoneuntiltheaggregateamountofSpecialTaxB(Contingent)equals theSpecialTaxB(Contingent)RequirementforsuchTaxZone.TheSpecialTaxB(Contingent)Shall beleviedforeachFiscalYearasfollows: First:TheSpecialTaxshallbeleviedProportionatelyonall!ƭƭĻƭƭƚƩƭParcelsofDeveloped PropertyforaTaxZoneupto100%oftheapplicableMaximumSpecialTaxB(Contingent)tosatisfy theContingentSpecialTaxBRequirement; Second:IfadditionalmoneysareneededtosatisfytheContingentSpecialTaxBRequirementafter thefirststephasbeencompleted,theSpecialTaxB(Contingent)shallbeleviedProportionatelyon eachParcelofApprovedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecialTaxB (Contingent)forApprovedProperty; Third:IfadditionalmoniesareneededtosatisfytheContingentSpecialTaxBRequirementafter thefirsttwostepshasbeencompleted,theSpecialTaxB(Contingent)shallbeleviedProportionately onall!ƭƭĻƭƭƚƩƭParcelsofUndevelopedPropertywithinsuchTaxZoneupto100%oftheMaximum SpecialTaxB(Contingent)forUndevelopedProperty. E. FUTUREANNEXATIONS ItisanticipatedthatadditionalpropertieswillbeannexedtoCFDNo.20191fromtimetotime.As eachannexationisproposed,ananalysiswillbepreparedtodeterminetheannualcostforproviding Services.Basedonthisanalysis,thepropertytobeannexed,pursuanttoCaliforniaGovernmentCode section53339etseq.willbeassignedtotheappropriateMaximumSpecialTaxratefortheTaxZone whenannexedandincludedinAppendixA. F. DURATIONOFSPECIALTAX ForeachFiscalYear,theSpecialTaxAshallbeleviedaslongastheServicesarebeingprovided. ForeachFiscalYear,theSpecialTaxB(Contingent)shallbeleviedaslongastheContingentServices arebeingprovided. G. EXEMPTIONS TheCityshallclassifyasExemptPropertywithinCFDNo.20191,any!ƭƭĻƭƭƚƩƭParcels;(i)whichare ownedby,irrevocablyofferedfordedication,encumberedbyorrestrictedinusebyanypublicentity; (ii)withpublicorutilityeasementsmakingimpracticaltheirutilizationforotherthanthepurposesset forthintheeasement;(iii)whichareprivatelyownedbutareencumberedbyorrestrictedsolelyfor publicuses;or(iv)whichisinuseintheperformanceofapublicfunctionasdeterminedbythe Administrator. H. APPEALS AnypropertyownerclaimingthattheamountorapplicationoftheSpecialTaxesarenotcorrectmay fileawrittennoticeofappealwiththeCitynotlaterthantwelvemonthsafterhavingpaidthefirst installmentoftheSpecialTaxthatisdisputed.Arepresentative(s)ofCFDNo.20191shallpromptly reviewtheappeal,andifnecessary,meetwiththepropertyowner,considerwrittenandoralevidence regardingtheamountoftheSpecialTax,andruleontheappeal.IftheƩĻƦƩĻƭĻƓƷğƷźǝĻƭdecision requiresthattheSpecialTaxforan!ƭƭĻƭƭƚƩƭParcelbemodifiedorchangedinfavoroftheproperty owner,acashrefundshallnotbemade,butanadjustmentshallbemadetotheSpecialTaxonthat !ƭƭĻƭƭƚƩƭParcelinthesubsequentFiscalYear(s). Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino9 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 241 13.e I. MANNEROFCOLLECTION TheSpecialTaxshallbecollectedinthesamemannerandatthesametimeasordinaryadvalorem propertytaxes,provided,however,thatCFDNo.20191maycollecttheSpecialTaxatadifferenttime orinadifferentmannerifnecessarytomeetitsfinancialobligations. Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino10 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 242 13.e APPENDIXA CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) COSTESTIMATE SpecialTaxAServices Theestimatebreaksdownthecostsofprovidingoneyear'smaintenance servicesforFiscalYear201920.TheseservicesarebeingfundedbythelevyofSpecialTaxAfor CommunityFacilitiesDistrictNo.20191. TAXZONE4 APN:026604139 ItemDescriptionEstimatedCost 1Landscaping$1,198 2Lights$161 3Streets$774 4Reserves$204 5Admin$500 Total$2,837 SpecialTaxBContingentServices ΑTherearenoservicesbeingfundedbythelevyofSpecialTax B(Contingent)forCommunityFacilitiesDistrictNo.20191.However,additionalTaxZonesmay haveSpecialTaxBContingentServicesbeingprovided. MAXIMUMSPECIALTAXESASSIGNEDTOEACHTAXZONE FiscalNo.ofMaximumMaximum TaxYearTract/TaxableLandUseTaxableSpecialTaxSpecialTaxB ZoneIncludedAPNUnitsCategoryUnitA(Contingent)Subdivider DevoreStorage 42019200266041392.50CommercialAcre$1,136$0Facility,LLC APPROVEDANDUNDEVELOPEDPROPERTY TheMaximumSpecialTaxforTaxZone4forApprovedPropertyandUndevelopedPropertyfor FiscalYear201920is$1,136peracre. Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino11 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 243 13.e TAXZONESUMMARY TaxTractFiscalMaximumMaximum AnnexationZoneAPNYearSpecialTaxASpecialTaxBSubdivider Original117170201920$961/RU$0/RUSantiagoCommunities,Inc. 1217329201920$473/RU$0/RUJECEnterprises,Inc. 23PM19814201920$37/Acre$0/AcreGWS#4Development,LLC 34026604139201920$1,136/Acre$0/AcreDevoreStorageFacility,LLC ESCALATIONOFMAXIMUMSPECIALTAXES OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxshallincreasebyi)the percentageincreaseintheConsumerPriceIndex(AllItems)forLosAngelesRiversideOrange County(198284=100)sincethebeginningoftheprecedingFiscalYear,orii)bytwopercent (2.0%),whicheverisgreater. Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino12 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 244 13.e APPENDIXB CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) DESCRIPTIONOFAUTHORIZEDSERVICES TheserviceswhichmaybefundedwithproceedsofthespecialtaxofCFDNo.20191,asprovidedby Section53313oftheAct,willincludeallcostsattributabletomaintaining,servicing,cleaning,repairing and/orreplacinglandscapedareas(mayincludereservesforreplacement)inpublicstreetrightofways, publiclandscaping,publicopenspacesandothersimilarlandscapedareasofficiallydedicatedforpublic use.Theseservicesincludingthefollowing: (a)maintenanceandlightingofparks,parkways,streets,roadsandopenspace,which maintenanceandlightingservicesmayinclude,withoutlimitation,furnishingofelectricalpowertostreet lightsandtrafficsignals;repairandreplacementofdamagedorinoperativelightbulbs,fixturesand standards;maintenance(includingirrigationandreplacement)oflandscapingvegetationsituatedonor adjacenttoparks,parkways,streets,roadsandopenspace;maintenanceandrepairofirrigationfacilities; maintenanceofpublicsignage;graffitiremovalfromandmaintenanceandrepairofpublicstructures situatedonparks,parkways,streets,roadsandopenspace;maintenanceandrepairofplaygroundor recreationprogramequipmentorfacilitiessituatedonanypark;and (b)maintenanceandoperationofwaterqualityimprovementswhichincludestormdrainage andfloodprotectionfacilities,including,withoutlimitation,drainageinlets,catchbasininserts,infiltration basins,floodcontrolchannels,fossilfuelfilters,andsimilarfacilities.Maintenanceservicesmayinclude butisnotlimitedtotherepair,removalorreplacementofallorpartofanyofthewaterquality improvements,fossilfuelfilterswithinthepublicrightofwayincludingtheremovalofpetroleum hydrocarbonsandotherpollutantsfromwaterrunoff,orappurtenantfacilities,clearingofinletsand outlets;erosionrepairs;andcleanuptoimprovements,andotheritemsnecessaryforthemaintenance, servicing;orbothofthewaterqualitybasinimprovementswithinfloodcontrolchannelimprovements; and (c)publicstreetsweeping,onthesegmentsofthearterialswithintheboundariesofCFDNo. 20191;aswellaslocalroadswithinresidentialsubdivisionslocatedwithinCFDNo.20191;andany portionsadjacenttothepropertieswithinCFDNo.20191;and Inadditiontopaymentofthecostandexpenseoftheforgoingservices,proceedsofthespecialtaxmay beexpendedtopayͻ!ķƒźƓźƭƷƩğƷźǝĻ9ǣƦĻƓƭĻƭͲͼassaidtermisdefinedintheRateandMethodof Apportionment. TheaboveservicesshallbelimitedtothoseprovidedwithintheboundariesofCFDNo.20191orforthe benefitofthepropertieswithintheboundariesofCFDNo.20191,astheboundaryisexpandedfromtime totimebyanticipatedannexations,andsaidservicesmaybefinancedbyproceedsofthespecialtaxof CFDNo.20191onlytotheextentthattheyareinadditiontothoseprovidedintheterritoryofCFDNo. 20191beforeCFDNo.20191wascreated. Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino13 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 245 13.e APPENDIXC CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.20191(MAINTENANCESERVICES) PROPOSEDBOUNDARIESANDPOTENTIALANNEXATIONAREABOUNDARIES Attachment: PW.CFD 2019-1 Annex 3 Attach 2a. Reso 2020-20 Rate and Method of Apportionment \[Revision 2\] (6562 : Annexation No. 3 to CFD CityofSanBernardino14 CommunityFacilitiesDistrictNo.20191(MaintenanceServices) Packet Pg. 246 13.f CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 3 (January 15, 2020) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (ÐCFD No. 2019-1Ñ) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Devore Storage Facility LLC 2.78 3 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the ÐCouncilÑ) of the City of San Bernardino (the ÐCityÑ), the above-named landowner is entitled to cast the number of votes shown above under the heading ÐTotal Votes,Ñ representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than January 1, 2020, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 6:00 p.m. on January 15, 2020, at the ClerkÓs office at 201 N. ÐEÑ Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on January 15, 2020. Very truly yours, Georgeann Hanna, MMC, City Clerk Attachment: PW.CFD 2019-1 Annex 3 Attach 2b. Special Election Ballot (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Packet Pg. 247 13.f TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: AssessorÓs Parcel Number(s): Devore Storage Facility LLC 0266-041-39 Attn: Salvatore Balsamo 2184 E. Olympic Blvd Los Angeles, CA 92316 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN ÐXÑ OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT MARK ÐYESÑ OR ÐNOÑ SPECIAL TAX BALLOT MEASURE WITH AN ÐXÑ: Shall the City Council of the City of San Bernardino be authorized to YES _________ levy a special tax on an annual basis at the rates and apportioned as described in Exhibit B to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on December 4, 2019 (the ÐResolutionÑ), which is incorporated herein by this NO _________ reference, within the territory identified on the map entitled ÐAnnexation Map No. 3 of Community Facilities District No. 2019-1 (Maintenance Services) City of San BernardinoÑ to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__. Devore Storage Facility, LLC By: Salvatore Balsamo President Signature Print Name Title Attachment: PW.CFD 2019-1 Annex 3 Attach 2b. Special Election Ballot (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Packet Pg. 248 13.g RESOLUTION NO. 2020-21 A RESOLUTION 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. 3) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for January 15, 2020, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated January 15, 2020, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk in either case, Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO: Section 1. Recitals. This Council finds and determines that the foregoing recitals are true and correct. Section 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code. Section 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full Attachment: PW.CFD 2019-1 Annex 3 Attach 3. Reso Election Results (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Packet Pg. 249 13.g Resolution No. 2020-21 legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2019-346 adopted by the City Council on December 4, 2019. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 3 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on December 10, 2019, in Book 89 of Maps of Assessment and Community Facilities Districts at Page 8, in the office of the San Bernardino County Recorder. Section 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory. Section 5. Effect. This resolution shall take effect from and after its adoption. APPROVED and ADOPTED at a regular meeting of the City Council of the City of San Bernardino, California, this 15th day of January 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney Attachment: PW.CFD 2019-1 Annex 3 Attach 3. Reso Election Results (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Packet Pg. 250 13.g Resolution No. 2020-21 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-____, adopted at a regular meeting held on the 15th day of January 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2020. ______________________________ Georgeann Hanna, MMC, City Clerk Attachment: PW.CFD 2019-1 Annex 3 Attach 3. Reso Election Results (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Packet Pg. 251 13.h EXHIBIT A DESCRIPTION OF SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. Attachment: PW Annexation No. 3 to CFD 2019-1 - 2020-21 Exhibit A (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Packet Pg. 252 13.i EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2020-21 (Effective as of January 15, 2020) ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Original Formation Cauffman Family Trust 5/4/11 0142-041-46 0348-111-52, 0261-031-10, -11, 1 17329, LLC and 0261-062-11 thru -14 3 Devore Storage Facility LLC 0266-041-39 Attachment: PW Annexation No. 3 to CFD 2019-1 - 2020-21 Exhibit B (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Packet Pg. 253 13.j CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 3 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed-ballot election called by the City Council of the City of San Bernardino on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated December 5, 2019, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. favor of the ballot measure, the measure has therefore passed. Qualified Landowner Landowner Votes Votes Cast YES NO Devore Storage Facility LLC 3 3 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2020. Georgeann Hanna, MMC City Clerk City of San Bernardino By: (Attach completed copies of Waiver/Consent and Ballot) Attachment: PW.CFD 2019-1 Annex 3 Attach 4. Certificate (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Zone No. 4, Packet Pg. 254 13.k ORDINANCE NO. MC-1528 AN ORDINANCE AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2020-21 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on January 15, 2020, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the Attachment: PW.CFD 2019-1 Annex 3 Attach 5. Ordinance \[Revision 1\] (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Packet Pg. 255 13.k District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, RESOLVES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. Section 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2020-2021, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto, and in the amount set forth for each such parcel in said Exhibit "B." Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. Section 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. Section 4. Authorization to Publish Ordinance. The Mayor shall sign this ordinance and the City Clerk shall attest thereto and shall, within fifteen days of its adoption, cause it or a summary of it to be published in a newspaper circulated in the City of San Bernardino. Section 5. Effective Date. This ordinance shall become effective immediately upon its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of March, 2019. ___________________________ John Valdivia, Mayor City of San Bernardino Attachment: PW.CFD 2019-1 Annex 3 Attach 5. Ordinance \[Revision 1\] (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Packet Pg. 256 13.k Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney Attachment: PW.CFD 2019-1 Annex 3 Attach 5. Ordinance \[Revision 1\] (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Packet Pg. 257 13.k CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. _____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 15th day of January, 2020. Ordinance No. ____ was approved, passed and adopted at a regular meeting held the ___ day of _________, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUERO _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. __________________________________ Georgeann Hanna, MMC, City Clerk Attachment: PW.CFD 2019-1 Annex 3 Attach 5. Ordinance \[Revision 1\] (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Packet Pg. 258 13.l Attachment: PW.CFD 2019-1 Annex 3 Attach 6. Petition (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Zone No. 4, APN Packet Pg. 259 13.l Attachment: PW.CFD 2019-1 Annex 3 Attach 6. Petition (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Zone No. 4, APN Packet Pg. 260 13.l Attachment: PW.CFD 2019-1 Annex 3 Attach 6. Petition (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Zone No. 4, APN Packet Pg. 261 13.l Attachment: PW.CFD 2019-1 Annex 3 Attach 6. Petition (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Zone No. 4, APN Packet Pg. 262 13.l Attachment: PW.CFD 2019-1 Annex 3 Attach 6. Petition (6562 : Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Zone No. 4, APN Packet Pg. 263 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 14 Public Hearing City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Michael Huntley, Community & Economic Development Director Subject: Extend a Moratorium on Approval of Land Use Entitlements Related to Urgency Ordinance No. MC-1527 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, read by title only, waive further reading, and adopt Urgency Ordinance No. MC-1529, extending a moratorium by 10 months and 15 days on the approval of land- use entitlements and license or permit applications, allowing for the operation of public or private social service uses or welfare operations at any location within 750 feet of any residentially-zoned property within the City. Background On December 4, 2019, the City Council Adopted Urgency Ordinance No. MC-1527, enacting a forty-five (45) moratorium on the approval of land use entitlements and license or permit applications allowing for the operation of public or private social service uses or welfare operations at any location within 750 feet of any residentially- zoned property within the City. The moratorium was established to allow staff time to evaluate the existing lands use categories, definitions and development standards in the development/zoning code. The adequacy or the lack thereof of land use categories, definitions and standards will lead to adoption of regulatory and zoning standards intended to protect the public health, safety and general welfare. The moratorium is set to expire on January 18, 2020. On January 6, 2020, staff, on behalf of the Mayor and the City Council, issued a report on the measures that have been taken to alleviate the conditions that lead to the adoption of Urgency Ordinance No. MC-1527. Discussion Government Code Section 65858 requires that at least ten (10) days prior to the expiration of an urgency ordinance or any extension, the City Council must issue a written report describing the measures taken to alleviate the condition(s) which led to the adoption of the initial moratorium in the Urgency Ordinance. The conditions that led to the adoption of the initial moratorium were listed in the Urgency Ordinance and still exist at this time. Packet Pg. 264 Page 1 14 6574 Since the enactment of the Urgency Ordinance, the following actions have been taken: 1. The Planning Division of the Community and Economic Development pment Code as it relates to public and private social service and welfare uses and their respective operations; 2. The Planning Division of the Community and Economic Development Department has begun looking at both the social service and welfare industries to understand specific components of their operations and the community they serve; 3. The Planning Division of the Community and Economic Development Department has begun evaluating which zoning district(s) would be best suited to allow the operations of social service and welfare uses; and 4. The Planning Division of the Community and Economic Development month and 15 day extension of the moratorium in accordance with Government Code Section 65858. In light of the complexity of this matter, City staff requires additional time to study the issues in depth in order to determine the best way to serve all interests while protecting the public health, safety and general welfare. While the evaluation continues and the new ordinance is being prepared for consideration, City staff believes it is critical that the moratorium established by the Urgency Ordinance be extended in accordance with Government Code Section 65858. Staff has prepared and posted a public notice and the Mayor and City Council may extend the Urgency Ordinance, also requiring a 4/5vote, for an additional 10 months and 15 days. 2019-20 Goals and Objectives Extending the moratorium related to Urgency Ordinance No. 1527 is in line with City Council Goal 2: Provide for the Safety of City Residents and Businesses as it aims to address a cause or crime and traffic within the City and Goal 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City as it addresses an impediment to economic development and contributes to the deeper analysis of negative impacts of Fiscal Impact There is no direct financial impact related to this discussion and related action. Conclusion Staff recommends that the Mayor and City Council read by title only, waive further reading, and adopt Urgency Ordinance No. MC-1529, extending a moratorium by 10 months and 15 days on the approval of land-use entitlements and license or permit applications, allowing for the operation of public or private social service uses or welfare operations at any location within 750 feet of any residentially-zoned property within the Packet Pg. 265 Page 2 14 6574 City. Attachments Attachment 1 Urgency Ordinance No. MC-1529 Attachment 2 Urgency Ordinance No. MC-1527 Attachment 3 January 6, 2020 Memorandum/Report of Measures Taken Packet Pg. 266 Page 3 14.a Urgency Ordinance No. MC-1529 URGENCY ORDINANCE NO. MC-1529 AN URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858 TO EXTEND FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS URGENCY ORDINANCE NO. MC-1527, WHICH ESTABLISHED A MORATORIUM ON THE APPROVAL OF LAND USE ENTITLEMENTS AND ALL LICENSE OR PERMIT APPLICATIONS THAT WOULD ALLOW THE OPERATION OF PUBLIC OR PRIVATE SOCIAL SERVICE USES OR WELFARE OPERATIONS AT ANY LOCATION WITHIN 750 FEET OF ANY RESIDENTIALLY-ZONED PROPERTY WITHIN THE CITY OF SAN BERNARDINO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. A. On December 4, 2019, pursuant to Section 65858 of the California Government Code, the Mayor and City Council of the City of San Bernardino adopted Urgency Ordinance No. MC-1527, an urgency ordinance which temporarily prohibited the issuance or approval of any land use entitlements, licenses, or permit applications that would allow the operation of public or private social service uses or welfare operations at any location within 750 feet of any residentially-zoned property within the City of San Bernardino. B. Section 65858 of the California Government Code provides that Urgency Ordinance No. MC-1527 shall expire and be of no further force and effect forty- five (45) days from its date of adoption (January 18, 2020). C. Section 65858 of the California Government Code provides that prior to the expiration of Urgency Ordinance No. MC-1527, the City may extend Urgency Ordinance No. MC-1527 for an additional ten (10) months and fifteen (15) days after giving notice pursuant to Section 65090 of the California Government Code and conducting a public hearing. D. On January 6, 2020, the City Manager on behalf of the Mayor and City Council issued a written report describing the measures and actions taken by the City to alleviate the circumstances and conditions which led to the adoption of Urgency Ordinance No. MC-1527 since its adoption on December 4, 2019, as required by Attachment: CED.MC1529.Urgency Ordinance Moratorium Land Use Entitlements Approvals First Extension-c1 (6574 : Extend a Moratorium on Packet Pg. 267 14.a Urgency Ordinance No. MC-1529 E. Based on the Council Report, the City Council has determined that the circumstances and conditions that led to the adoption of Urgency Ordinance No. MC-1527, and which are set forth in that Urgency Ordinance, have not been alleviated as of the date of this Urgency Ordinance and continue to create the concerns described therein. F. The City Council intends to extend the temporary prohibition on the issuance or approval of any land use entitlements, licenses, or permit applications that would allow the operation of public or private social service uses or welfare operations at any location within 750 feet of any residentially-zoned property within the City of San Bernardino, as currently authorized under Urgency Ordinance No. MC- nd Municipal Code to help ensure that this activity is regulated in a way that protects the community and complies with applicable law. G. The purpose of extending Urgency Ordinance No. MC-1527 is to avoid the potentially significant adverse impacts to described in that Urgency Ordinance. H. The City Council has determined there is a need to extend Urgency Ordinance No. MC-1527 for an additional ten (10) months and fifteen (15) days as authorized under section 65858 of the California Government Code. I. The notice and public hearing required by Sections 65090 and 65858 of the California Government Code for the extension of Ordinance No. MC-1527 has been provided in accordance with law. SECTION 2. Extension of Moratorium. Now, therefore, in accordance with Government Code Section 65858, the Mayor and City Council adopt this Urgency Ordinance, extending Urgency Ordinance No. MC-1527 for a period of ten (10) months and fifteen (15) days. SECTION 3. Effect of Moratorium. The City of San Bernardino shall not issue or approve any general plan amendment, specific plan, specific plan amendment, zone change, building permit, occupancy permit, conditional use permit, variance, subdivision map or other land use entitlement or permit or regulatory license or permit required to comply with the provisions of the City of San Bernardino Municipal Code for social service uses or welfare operations by any private or public entity at any location within 750 feet of any residentially- zoned or residentially-used property within the City during the time that this interim Urgency Ordinance is in effect, and continuing for the time set forth in any action taken to extend this moratorium. SECTION 4. Urgency. The City Council hereby finds and determines that adoption of this Urgency Ordinance and the extension of Urgency Ordinance No. MC-1527 is necessary for the current and immediate protection of the public health, safety, and welfare of the City and its residents for all the reasons set forth in the Findings above and in Urgency Ordinance No. MC- 1527, which are hereby expressly incorporated by reference as though fully set forth herein. Attachment: CED.MC1529.Urgency Ordinance Moratorium Land Use Entitlements Approvals First Extension-c1 (6574 : Extend a Moratorium on 2 Packet Pg. 268 14.a Urgency Ordinance No. MC-1529 SECTION 5. Study. The City Council hereby directs the Department of Community and Economic Development to study and develop potential amendments to the General Plan, any specific plan, Municipal Code, or any other governing City of San Bernardino planning document or policy related to land use entitlements and all license or permit applications that would allow the operation of public or private social service uses or welfare operations at any location within 750 feet of any residentially-zoned property or residentially-used property within the City of San Bernardino. SECTION 6. Compliance with California Environmental Quality Act. The City Council finds that this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of zoning code revisions and related impact studies. SECTION 7. Severability. If any section or provision of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Urgency Ordinance shall remain valid. The City Council hereby declares that is would have adopted this Urgency Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 8. Effective Date. This Urgency Ordinance is declared an urgency measure necessary for the immediate protection and preservation of the public peace, health, safety, and welfare for the reasons stated above, and it takes effect immediately upon adoption by the City Council by at least a four-fifths vote. SECTION 9. Written Report. At least ten (10) days before this Urgency Ordinance or any extension expires, the City Manager shall issue a written report describing the measures taken to alleviate the conditions which led to the adoption of this Urgency Ordinance. SECTION 10. Publishing. The City Clerk shall certify to the passage of this Urgency Ordinance and cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation, printed and published in San Bernardino, California. SECTION 11. Term. This Ordinance is an Urgency Ordinance and a first extension of Urgency Ordinance MC-1527, enacted pursuant to Government Code section 65858. The term of this Urgency Ordinance shall be for ten (10) months and fifteen (15) days from the date of adoption and shall expire and be of no further force or effect, unless and until extended one final time in accordance with Government Code Section 65858. Attachment: CED.MC1529.Urgency Ordinance Moratorium Land Use Entitlements Approvals First Extension-c1 (6574 : Extend a Moratorium on 3 Packet Pg. 269 14.a Urgency Ordinance No. MC-1529 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of , 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ City Attorney Attachment: CED.MC1529.Urgency Ordinance Moratorium Land Use Entitlements Approvals First Extension-c1 (6574 : Extend a Moratorium on 4 Packet Pg. 270 14.a Urgency Ordinance No. MC-1529 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Urgency Ordinance No. MC-1529, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held the day of 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this day of 2020. ______________________________ Georgeann Hanna, MMC, City Clerk Attachment: CED.MC1529.Urgency Ordinance Moratorium Land Use Entitlements Approvals First Extension-c1 (6574 : Extend a Moratorium on 5 Packet Pg. 271 14.b Attachment: CED.Extension of MoratoriumAttachment 2 1_15_20 (6574 : Extend a Moratorium on Approval of Land Use Entitlements Related to Packet Pg. 272 14.b Attachment: CED.Extension of MoratoriumAttachment 2 1_15_20 (6574 : Extend a Moratorium on Approval of Land Use Entitlements Related to Packet Pg. 273 14.b Attachment: CED.Extension of MoratoriumAttachment 2 1_15_20 (6574 : Extend a Moratorium on Approval of Land Use Entitlements Related to Packet Pg. 274 14.b Attachment: CED.Extension of MoratoriumAttachment 2 1_15_20 (6574 : Extend a Moratorium on Approval of Land Use Entitlements Related to Packet Pg. 275 14.c City of San Bernardino Office of the City Manager MEMORANDUM Date: January 6, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Michael Huntley, Community & Economic Development Director Subject: Report on measures taken to alleviate the conditions which led to the adoption of an interim urgency ordinance establishing a moratorium on the approval of land use entitlements and all license or permit applications allowing for the operation of public or private social service uses or welfare operations at any location within 750 feet of any residentially-zoned property pending study and adoption of regulatory and zoning standards Summary In accordance with Government Code Section 65858, staff is issuing this report on the behalf of the Mayor and City Council. Background On December 4, 2019, the City Council Adopted Urgency Ordinance No. MC-1527, enacting a forty-five (45) moratorium on the approval of land use entitlements and license or permit applications allowing for the operation of public or private social service uses or welfare operations at any location within 750 feet of any residentially- zoned property within the City. The moratorium was established to allow staff time to evaluate the existing lands use categories, definitions and development standards in the development/zoning code. The moratorium is currently set to expire on January 18, 2020. Government Code Section 65858 requires that at least ten (10) days prior to the expiration of an urgency ordinance or any extension, the City Council must issue a written report describing the measures taken to alleviate the condition(s) which led to the adoption of the initial moratorium in the Urgency Ordinance. Discussion Attachment: CED.Extend Moratorium.memorandum Attachment 3-c1 (6574 : Extend a Moratorium on Approval of Land Use Entitlements 1/6/2020 4:18 PM Packet Pg. 276 14.c The conditions that led to the adoption of the initial moratorium were listed in the Urgency Ordinance and still exist as of the date of this report. Since the enactment of the Urgency Ordinance, the following actions have been taken: 1. The Planning Division of the Community and Economic Development it relates to public and private social service and welfare uses and their respective operations; 2. The Planning Division of the Community and Economic Development Department has begun looking at both social service and welfare industries to understand specific components of their operations and the community they serve; 3. The Planning Division of the Community and Economic Development Department has begun evaluating which zoning district(s) that would be best suit the operations of social service and welfare uses; 4. The Planning Division of the Community and Economic Development Department and have met to discuss the adequacy of Development Code; and 5. The Planning Division of the Community and Economic Development month and 15 day extension of the moratorium in accordance with Government Code Section 65858. In light of the complexity of this matter, City staff requires additional time to study the issues in depth in order to determine the best way to serve all interests while protecting the public health, safety, and general welfare. While the evaluation continues and while Development Code are prepared for consideration, City staff believes it is critical that the moratorium established by the Urgency Ordinance be extended in accordance with Government Code Section 65858. Attachment: CED.Extend Moratorium.memorandum Attachment 3-c1 (6574 : Extend a Moratorium on Approval of Land Use Entitlements 1/6/2020 4:18 PM Packet Pg. 277 15 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Cheryl Weeks, Council Administrative Supervisor Subject: October and November 2019 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in November and December 2019. Background On February 7, 2018, the Mayor and City Council adopted general provisions for the Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council. Discussion In keeping with the reporting requirements established in Municipal Code Chapter 2.17.080 the minutes for the board, commission and citizen advisory committee meetings approved in the months of October and November are presented for review by the Mayor and City Council including the: 1. Animal Control Commission - November 13, 2019 2. Arts and Historical Preservation Commission - October 21, 2019 3. Parks, Recreation and Community Services Commission - October 17, 2019 4. Planning Commission - October 8, 2019; November 12, 2019 5. Public Safety and Human Relations Commission - October 14, 2019 6. Water Board - November 12, 2019; November 26, 2019 2019-20 Goals and Objectives mmissions and citizen advisory committees to the Mayor and City Council is in alignment with Goal No. 5: Improve City Government Operations. Fiscal Impact No fiscal impact to the City Conclusion Receive and file the minutes from the City board, commission, and citizen advisory Packet Pg. 278 Page 1 15 6556 committee meetings approved in November and December 2019. Attachments Attachment 1 City board, commission and citizen advisory committee meeting - Animal Control Commission - - Arts and Historical Preservation Commission - October 21, 2019; Exhibit - Parks, Recreation and Community Services Commission - - Planning Commission - October - Public Safety and Human Relations Commission - - Water Board - November 12, 2019; November 26, 2019 Packet Pg. 279 Page 2 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 280 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 281 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 282 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 283 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 284 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 285 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 286 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 287 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 288 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 289 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 290 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 291 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 292 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 293 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 294 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 295 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 296 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 297 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 298 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 299 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 300 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 301 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 302 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 303 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 304 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 305 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 306 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 307 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 308 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 309 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 310 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 311 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 312 15.a Attachment: MCC.October.November2019 BCCAC Approved Minutes.Attachment.Exhibits A-F.docx (6556 : October and November 2019 City Packet Pg. 313 16 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Paul Espinoza, Finance Director Subject: Approval of Commercial and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for November and December 2019. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City Website, and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp> Discussion Gross Payroll Bi-Weekly for November 27, 2019 2,182,334.75 Bi-Weekly for December 12, 2019 2,466,797.21 Bi-Weekly for December 26, 2019 2,283,305.17 Monthly for December 15, 2019 11,666.69 Total Payroll Demands: $6,944,103.82 The following check registers are being presented for approval: November 21, 2019 2019/20 (Register #23) 676,596.79 December 5, 2019 2019/20 (Register #24) 1,148,547.71 December 12, 2019 2019/20 (Register #25) 1,262,928.53 December 12, 2019 2019/20 (Register #26) 1,350.23 December 19, 2019 2019/20 (Register #27) 2,968,465.42 December 20, 2019 2019/20 (Register #28) 223,943.96 Total commercial check demands: $6,281,832.64 Packet Pg. 314 Page 1 16 6566 The following Electronic Funds Transfer (EFT) registers presented for approval: November 14, 2019 2019/20 (Register #847) 1,259.08 November 15, 2019 2019/20 (Register #848) 495,042.55 November 12, 2019 2019/20 (Register #849-633,123.45 851) November 22, 2019 2019/20 (Register #852) 1,375.56 December 11, 2019 2019/20 (Register #853) 28,627.02 December 12, 2019 2019/20 (Register #854) 1,259.08 December 17, 2019 2019/20 (Register #855) 486,954.35 Total commercial EFT demands: $1,647,641.09 Goals and Objectives Approval of the noted check and EFT registers for commercial and payroll disbursements align with Goal No. 6: Operate in a Fiscally Responsible and Business- Like Manner third parties promotes transparency of City business with the public. Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for November and December 2019. Attachments Attachment 1 Payroll checks for November/December, 2019 Attachment 2 Commercial checks for Register #23 Attachment 3 Commercial checks for Register #24 Attachment 4 Commercial checks for Register #25 Attachment 5 Commercial checks for Register #26 Attachment 6 Commercial checks for Register #27 Attachment 7 Commercial checks for Register #28 Attachment 8 Commercial EFT Registers #847 Attachment 9 Commercial EFT Registers #848 Attachment 10 Commercial EFT Registers #849- #851 Attachment 11 Commercial EFT Registers #852 Attachment 12 Commercial EFT Registers #853 Attachment 13 Commercial EFT Registers #854 Attachment 14 Commercial EFT Registers #855 Packet Pg. 315 Page 2 16.a Attachment: FN. Payroll Summary Report ATTACHMENT#1 (6566 : Approval of Commercial and Payroll Disbursements) Packet Pg. 316 16.a Attachment: FN. Payroll Summary Report ATTACHMENT#1 (6566 : Approval of Commercial and Payroll Disbursements) Packet Pg. 317 16.a Attachment: FN. Payroll Summary Report ATTACHMENT#1 (6566 : Approval of Commercial and Payroll Disbursements) Packet Pg. 318 16.a Attachment: FN. Payroll Summary Report ATTACHMENT#1 (6566 : Approval of Commercial and Payroll Disbursements) Packet Pg. 319 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 320 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 321 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 322 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 323 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 324 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 325 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 326 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 327 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 328 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 329 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 330 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 331 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 332 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 333 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 334 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 335 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 336 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 337 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 338 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 339 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 340 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 341 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 342 Attachment: FN. Commercial Checks & Payroll. Register #23 ATTACHMENT#2 (6566 : Approval of 16.b Packet Pg. 343 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 344 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 345 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 346 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 347 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 348 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 349 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 350 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 351 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 352 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 353 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 354 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 355 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 356 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 357 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 358 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 359 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 360 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 361 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 362 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 363 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 364 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 365 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 366 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 367 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 368 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 369 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 370 Attachment: FN. Commercial Checks & Payroll. Register #24 ATTACHMENT#3 (6566 : Approval of 16.c Packet Pg. 371 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 372 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 373 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 374 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 375 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 376 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 377 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 378 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 379 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 380 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 381 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 382 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 383 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 384 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 385 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 386 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 387 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 388 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 389 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 390 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 391 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 392 Attachment: FN. Commercial Checks & Payroll. Register #25 ATTACHMENT#4 (6566 : Approval of 16.d Packet Pg. 393 Attachment: FN. Commercial Checks & Payroll. Register #26 ATTACHMENT#5 (6566 : Approval of 16.e Packet Pg. 394 Attachment: FN. Commercial Checks & Payroll. Register #26 ATTACHMENT#5 (6566 : Approval of 16.e Packet Pg. 395 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 396 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 397 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 398 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 399 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 400 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 401 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 402 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 403 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 404 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 405 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 406 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 407 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 408 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 409 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 410 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 411 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 412 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 413 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 414 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 415 Attachment: FN. Commercial Checks & Payroll. Register #27 ATTACHMENT#6 (6566 : Approval of 16.f Packet Pg. 416 Attachment: FN. Commercial Checks & Payroll. Register #28 ATTACHMENT#7 (6566 : Approval of 16.g Packet Pg. 417 Attachment: FN. Commercial Checks & Payroll. Register #28 ATTACHMENT#7 (6566 : Approval of 16.g Packet Pg. 418 Attachment: FN. Commercial Checks & Payroll. Register #28 ATTACHMENT#7 (6566 : Approval of 16.g Packet Pg. 419 Attachment: FN. Commercial Checks & Payroll. Register #28 ATTACHMENT#7 (6566 : Approval of 16.g Packet Pg. 420 Attachment: FN. Commercial Checks & Payroll. Register #28 ATTACHMENT#7 (6566 : Approval of 16.g Packet Pg. 421 Attachment: FN. Commercial Checks & Payroll. Register #28 ATTACHMENT#7 (6566 : Approval of 16.g Packet Pg. 422 Attachment: FN. Commercial Checks & Payroll. Register #28 ATTACHMENT#7 (6566 : Approval of 16.g Packet Pg. 423 Attachment: FN. Commercial Checks & Payroll. Register #28 ATTACHMENT#7 (6566 : Approval of 16.g Packet Pg. 424 Attachment: FN. Commercial Checks & Payroll. Register #28 ATTACHMENT#7 (6566 : Approval of 16.g Packet Pg. 425 Attachment: FN. Commercial Checks & Payroll. Register #28 ATTACHMENT#7 (6566 : Approval of 16.g Packet Pg. 426 Attachment: FN. EFT Register #847 ATTACHMENT#8 (6566 : Approval of Commercial and Payroll 16.h Packet Pg. 427 Attachment: FN. EFT Register #847 ATTACHMENT#8 (6566 : Approval of Commercial and Payroll 16.h Packet Pg. 428 Attachment: FN. EFT Register #848 ATTACHMENT#9 (6566 : Approval of Commercial and Payroll 16.i Packet Pg. 429 Attachment: FN. EFT Register #848 ATTACHMENT#9 (6566 : Approval of Commercial and Payroll 16.i Packet Pg. 430 Attachment: FN. EFT Register #849-#851 ATTACHMENT#10 (6566 : Approval of Commercial and Payroll 16.j Packet Pg. 431 Attachment: FN. EFT Register #849-#851 ATTACHMENT#10 (6566 : Approval of Commercial and Payroll 16.j Packet Pg. 432 Attachment: FN. EFT Register #852 ATTACHMENT#11 (6566 : Approval of Commercial and Payroll 16.k Packet Pg. 433 Attachment: FN. EFT Register #852 ATTACHMENT#11 (6566 : Approval of Commercial and Payroll 16.k Packet Pg. 434 Attachment: FN. EFT Register #853 ATTACHMENT#12 (6566 : Approval of Commercial and Payroll 16.l Packet Pg. 435 Attachment: FN. EFT Register #853 ATTACHMENT#12 (6566 : Approval of Commercial and Payroll 16.l Packet Pg. 436 Attachment: FN. EFT Register #854 ATTACHMENT#13 (6566 : Approval of Commercial and Payroll 16.m Packet Pg. 437 Attachment: FN. EFT Register #854 ATTACHMENT#13 (6566 : Approval of Commercial and Payroll 16.m Packet Pg. 438 Attachment: FN. EFT Register #855 ATTACHMENT#14 (6566 : Approval of Commercial and Payroll 16.n Packet Pg. 439 Attachment: FN. EFT Register #855 ATTACHMENT#14 (6566 : Approval of Commercial and Payroll 16.n Packet Pg. 440 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 17 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Paul Espinoza, Finance Director Subject: Monthly Report of Investment Transactions as of November 30, 2019 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Report of Investment Transactions for the month ending November 30, 2019. Background In accordance with California Government Code Section 53607, the Mayor and City Council has delegated to the Director of Finance the responsibility to invest or to reinvest funds, or to sell or exchange securities so purchased. The California Government Code Section 53607 requires that, if such responsibility has been delegated, then the Treasurer or designee "shall make a monthly report of those transactions to the legislative body." In compliance with this requirement, the Monthly Report of Investment Transactions is presented to be received and filed. The Director of Finance will prepare, review, and Discussion The Month portfolio for the Month ended November 30, 2019. 2019-20 Goals and Objectives Operate in a Fiscally Responsible and Business-Like Manner. Fiscal Impact None Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Report of Investment Transactions for the month Packet Pg. 441 Page 1 17 6565 ended November 30, 2019. Attachments Attachment 1 Portfolio Summary and Monthly Report of Investment Activity for the month ending November 30, 2019 Packet Pg. 442 Page 2 Attachment: FN. Monthly Investment Transaction Report November 2019 ATTACHMENT # (6565 : Monthly 17.a AP YTM 2.1032.4741.6021.8522.2022.041 1.9721.972 365 Equiv. 290 N D. ST Packet Pg. 443 Report Ver. 7.3.3b Portfolio CITY (909)384-5242 PM (PRF_PM1) 7.3.0 YTM 2.0742.4401.5801.8262.1722.013 1.9451.945 360 Equiv. FINANCE DEPARTMENT CITY OF SAN BERNARDINO 11 SAN BERNARDINO, CA 92401 935694507 430430 1,390 Days to Maturity 11 869869 Term 1,5821,5621,2751,431 6.405.164.15 % of 32.4810.7041.11 100.00% Portfolio Book Value 24,778.9124,778.91 6,188,000.004,991,680.544,019,154.35 31,418,503.6710,354,100.7839,765,750.85 96,737,190.1996,761,969.10 1.84% 767,305.42 99,479,399.02 Value Market 24,778.91 24,778.91 Fiscal Year To Date November 30, 2019 Portfolio Summary 6,345,996.565,033,130.003,990,890.00 31,418,503.6710,354,100.7839,822,909.83 Portfolio Management 96,965,530.8496,990,309.75 CITY OF SAN BERNARDINO Par 2.01% Value 6,188,000.005,000,000.004,000,000.00 150,531.57 31,418,503.6710,354,100.7839,778,850.00 96,739,454.4596,739,454.45 90,979,747.31 Month Ending November 30 Reporting period 11/01/2019-11/30/2019 Run Date: 12/19/2019 - 08:26 Investments Local Agency Investment FundsCertificates of DepositManaged Pool AccountsFederal Agency Issues - CouponTreasury Securities - CouponCorporate Notes InvestmentsCash and Accrued Interest Accrued Interest at PurchaseSubtotal Total Cash and InvestmentsTotal Earnings Current Year Average Daily BalanceEffective Rate of Return"I certify that this report accurately reflects all pooled investments and is in conformity with the Investment Policy Statement approved by the Common Council on November 6, 2019. *Book Value is amortized Cost Basis**Market Values provided by BNY Western Trust.__________________________________________________ ____________________PAUL ESPINOZA, DIRECTOR OF FINANCE Attachment: FN. Monthly Investment Transaction Report November 2019 ATTACHMENT # (6565 : Monthly 17.a AP Date Page 1 Maturity 06/30/202112/01/202102/24/202205/30/202405/24/202104/15/202405/24/202206/03/202001/17/202311/18/202106/04/202105/10/202101/31/202406/13/202402/13/202306/28/202201/13/202210/21/202102/22/202406/14/202 102/23/202201/18/202406/28/202006/17/2021 1 1 11 1 Packet Pg. 444 Report Ver. 7.3.3b Portfolio CITY 577731816540905185718551526940774690561815210564 935 1,6421,5971,1431,5221,6561,1701,5441,509 PM (PRF_PM2) 7.3.0 Days to Maturity 360 YTM 2.074 2.074 1.7262.0222.1702.6142.9002.7122.4161.8253.1071.7752.9102.8603.0082.5642.7122.7122.0221.6772.9592.9592.0223.1561.3011.750 2.440 1.9921.489 1.580 Moody's 2.1031.7502.0502.2002.6502.9002.7502.4501.8503.1501.8002.9502.9003.0502.6002.7502.7502.0501.7003.0003.0002.0503.2001.3011.7502.0201.510 Rate Stated 248,000.00247,000.00247,000.00247,000.00246,000.00249,000.00249,000.00248,000.00245,000.00248,000.00249,000.00246,000.00246,000.00247,000.00245,000.00245,000.00249,000.00247,000.00245,000.00249,000.0 0247,000.00500,000.00250,000.00249,000.00 Book Value 6,188,000.00 1,870,743.418,483,357.37 31,418,503.67 31,418,503.6710,354,100.78 248,075.54249,123.46250,216.93258,521.34249,952.85261,455.23254,197.97247,910.20256,864.96248,744.50253,388.30249,850.27260,724.58258,090.55254,082.10252,209.10251,287.66247,113.32259,383.24253,658.3 4249,390.96532,894.15250,000.00248,861.01 6,345,996.56 1,870,743.418,483,357.37 Market Value 31,418,503.67 31,418,503.6710,354,100.78 Par Value 248,000.00247,000.00247,000.00247,000.00246,000.00249,000.00249,000.00248,000.00245,000.00248,000.00249,000.00246,000.00246,000.00247,000.00245,000.00245,000.00249,000.00247,000.00245,000.00249,000.0 0247,000.00500,000.00250,000.00249,000.00 6,188,000.00 1,870,743.418,483,357.37 31,418,503.67 31,418,503.6710,354,100.78 November 30, 2019 Date Portfolio Management Purchase Portfolio Details - Investments CITY OF SAN BERNARDINO 06/30/201612/01/201602/24/201705/30/201905/23/201804/29/201905/24/201906/03/201501/16/201911/18/201606/04/201805/10/201801/31/201906/13/201902/13/201902/28/201901/13/201710/21/201602/22/201906/13/201 802/23/201701/18/201906/28/201806/17/2016 Balance Average 6,188,000.008,563,401.74 25,785,170.34 Issuer Local Agency Investment Fund1ST TECHNOLOGY FEDERAL CREDITAMERICAN EXPRESS CENTURION BKBMW BANKCAPITAL ONE NATIONAL ASSOCCITI BANK SALT LAKE CITY UTAHCOMENITY CAPITAL BANKEAGLE BANKCAPITAL ONE BANK USA NATLGOLDMAN SACHS GROUP INC.J.P. MORGAN CHASE & COMEDALLION BANKMORGAN STANLEY BANKMORGAN STANLEY PRIVATE BANKMORGAN STANLEY PRIVATE BANKNORTHWESTERN BANKOXFORD BANK & TRUSTSTEARNS BANKSYNCHRONY BANKTIAA FSBUBS FINANCE COMMERCIAL PAPERWASHINGTON FIRST BK RESTONWELLS FARGO BK NAWELLS FARGO BANKWELLS FARGO BANKCALTRUSTWFB OVERLAND SWEEP ACCOUNT Subtotal and AverageSubtotal and AverageSubtotal and Average Investment #100018003480038800418005480043800528005380026800468003780044800428004880055800498005180039800368005080045800408004720033800332000820002 CUSIP Local Agency Investment Funds SYS Certificates of Deposit 33715LAD202587DM7005580AGK414042RLW917312QM2220033AU6127002YEP7140420RT938148P4B048126XLB958404DCA761747MX6361760AVF361760AG52668015AL4 69140WAS4857894SK687165FNC487270LBU690348JCU2940727AH3949763WU616115078479497485W3 Managed Pool Accounts 20008SYS20002 Run Date: 12/19/2019 - 08:26 Attachment: FN. Monthly Investment Transaction Report November 2019 ATTACHMENT # (6565 : Monthly 17.a AP Date Page 2 Maturity 12/09/201910/07/202110/26/202010/15/202104/17/202309/11/202012/24/202011/29/202111/29/202104/07/202106/11/202109/11/202001/29/202404/28/202212/13/201908/12/202105/01/202001/26/202202/28/202209/16/202 107/26/202104/26/202203/20/202404/24/202305/22/202310/09/202403/06/202009/29/202003/27/202003/29/202110/07/202110/07/202110/07/202110/07/202101/05/202201/05/2022 8 Packet Pg. 445 1296 Portfolio CITY 676330684285389729729493558285879620152787820655603877303117484676676676676766766 1,2331,5201,5711,2401,2681,774 PM (PRF_PM2) 7.3.0 Days to Maturity 360 YTM 1.7011.5611.7261.7951.9531.1641.7811.9131.9261.6721.6872.5412.8361.8491.3561.3411.4501.9782.0961.9731.9332.0422.8412.5642.4082.0711.4631.2721.2331.3321.4111.4011.3411.7161.9461.994 AaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaaAaa Moody's 1.6401.5801.7501.8201.9801.3751.5501.8751.8751.7501.8752.8752.8751.8751.3751.1251.3752.0002.1252.0001.8752.0002.8802.6002.5002.1001.7501.2701.2501.3501.3751.3751.3751.3752.0002.000 Rate Stated 999,981.96949,939.57999,850.00997,384.85998,678.03998,529.76996,148.74999,615.18424,954.15998,651.84998,388.20999,844.79998,935.58999,193.75993,551.27999,574.73 Book Value 1,000,000.001,000,000.001,001,475.591,000,711.481,002,424.771,002,236.541,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,837.492,000,000.001,404,948.481,000,0 00.001,000,000.001,000,197.981,000,533.13 947,045.50998,840.00996,530.50997,560.00998,150.00999,880.00999,920.00991,430.00998,820.00426,814.75996,850.00998,690.00995,970.00995,270.00995,270.00995,270.00995,270.00 1,000,020.001,000,730.001,005,000.001,005,000.001,001,010.001,003,170.001,009,310.001,009,170.001,010,410.001,006,140.001,003,720.001,008,770.001,002,300.001,002,580.001,002,240.001,990,140.001,404,3 79.081,007,230.001,007,230.00 Market Value Par Value 950,000.00999,850.00425,000.00 1,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,0 00.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.002,000,000.001,404,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.00 November 30, 2019 Date Portfolio Management Purchase Portfolio Details - Investments CITY OF SAN BERNARDINO 12/09/201410/27/201610/26/201710/15/201910/17/201911/02/201601/09/201701/19/201702/14/201706/14/201706/22/201706/11/201801/29/201910/30/201906/13/201611/07/201611/22/201601/30/201702/28/201703/16/201 703/06/201711/06/201703/20/201904/29/201905/28/201910/09/201904/30/201509/29/201609/27/201609/29/201610/13/201610/31/201611/03/201611/18/201601/23/201702/02/2017 Balance Average Issuer FEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL FARM CREDIT BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN BANKFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL HOME LOAN MORTGAGE CRPFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSO Investment #30486C30514C3053630545C30546C3051630522305233052830534305353053930540C3055030508C305183052030525C30529C30530C3053130537C30541C30542C30543C30544C30490C30510C30511C30512C3051330515305173051 93052430526 CUSIP Federal Agency Issues - Coupon 3133EEED83133EGZP33133EHJ953133EK2F23133EKX76313380WG8313381P253130AABG23130AABG23130AB5A0313379RB7313370US53130AFRQ23130AHGQ03134G9RY53137EAEC93137EADR73134GAU44 3134GA5T73134GA5C43134G9M203134GBP553134GS5Q43134GTJW43134GTNN93134GUGG93135G0UU53136G37C33136G4AD53136G4BD43135GOQ893135G0Q893135GOQ893135G0Q893135G0S383135G0S38 Run Date: 12/19/2019 - 08:26 Attachment: FN. Monthly Investment Transaction Report November 2019 ATTACHMENT # (6565 : Monthly 17.a AP Date Page 3 Maturity 08/21/202001/05/202203/29/202206/30/202008/31/202107/31/202107/31/202103/15/202110/30/202208/16/202310/22/2024 Packet Pg. 446 430 Portfolio CITY 264766849 694 212639608608470 507 1,0641,3541,787 1,390 PM (PRF_PM2) 7.3.0 Days to Maturity 360 YTM 1.945 1.7752.0142.140 1.826 1.5011.9192.3482.5102.584 2.172 2.1521.9042.096 2.013 AaaAaaAaaAaaAaaAaaAaaAaaAaa Moody's 1.8002.0002.1701.6252.0002.2502.2502.3752.1002.2002.125 Rate Stated 999,162.99997,928.47995,301.58996,964.39 Book Value 1,000,000.001,000,000.001,000,580.981,000,905.12 4,991,680.54 1,000,000.002,019,154.351,000,000.00 4,019,154.35 39,765,750.85 96,737,190.19 999,840.00993,470.00986,960.00 1,001,010.001,007,230.001,008,540.001,005,820.001,009,380.001,009,380.001,008,710.00 5,033,130.00 2,010,460.00 3,990,890.00 Market Value 39,822,909.8396,965,530.84 Par Value 1,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.001,000,000.00 5,000,000.00 1,000,000.002,000,000.001,000,000.00 4,000,000.00 39,778,850.0096,739,454.45 November 30, 2019 Date Portfolio Management Purchase Portfolio Details - Investments CITY OF SAN BERNARDINO 02/21/201703/02/201703/29/201711/28/201602/21/201702/12/201806/04/201806/25/201810/30/201910/16/201910/22/2019 Balance Average 4,991,485.714,019,362.39 41,432,327.1390,979,747.31 Issuer FEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSOU.S. TREASURYU.S. TREASURYU.S. TREASURYU.S. TREASURYU.S. TREASURYBANK OF AMERICA CORPORATIONBANK OF NEW YORK MELLON CORPTOYOTA MOTOR CREDIT CORP Total and Average Subtotal and AverageSubtotal and AverageSubtotal and Average Investment #30527C3053230533C4000040001C4000240003400043054930547C30548 CUSIP Federal Agency Issues - Coupon 3136G4LA93135G0S383136G4MQ3 Treasury Securities - Coupon 912828XH8912828D72912828WY2912828WY29128284B3 Corporate Notes 06048WD7206406FAD589236TGN9 Run Date: 12/19/2019 - 08:26 Attachment: FN. Monthly Investment Transaction Report November 2019 ATTACHMENT # (6565 : Monthly 17.a AP Page 4 0 Packet Pg. 447 430 Portfolio CITY PM (PRF_PM2) 7.3.0 Days to Maturity 360 YTM 1.945 Moody's Rate Stated 24,778.9124,778.91 Book Value 96,761,969.10 24,778.9124,778.91 Market Value 96,990,309.75 Par Value 96,739,454.45 November 30, 2019 Portfolio Details - Cash Date Portfolio Management Purchase Accrued Interest at PurchaseSubtotal CITY OF SAN BERNARDINO 0.00 Balance Average 90,979,747.31 Issuer Average Balance Total Cash and Investments Investment # CUSIP Run Date: 12/19/2019 - 08:26 Attachment: FN. Monthly Investment Transaction Report November 2019 ATTACHMENT # (6565 : Monthly AP 17.a Page 1 Report Ver. 7.3.3b Portfolio CITY PM (PRF_PM3) 7.3.0 Packet Pg. 448 Balance 6,188,000.004,991,680.544,019,154.35 31,418,503.6710,354,100.7839,765,750.8596,737,190.19 0.00 0.00 0.00 1,000,000.001,000,000.00 2,000,000.00 Redemptions 12,790,038.39 12,790,038.3914,790,038.39 or Withdrawals 0.000.00 0.00 3,009.94 Purchases or Deposits 9,000,000.00 9,000,000.00 11,325,873.57 11,328,883.5120,328,883.51 Date 11/26/201911/26/2019 Activity By Type Transaction Portfolio Management 2.1032.0201.5101.7501.750 Rate Stated CITY OF SAN BERNARDINO November 1, 2019 through November 30, 2019 Total SubtotalSubtotalSubtotalSubtotalSubtotalSubtotal Issuer Local Agency Investment FundCALTRUSTWFB OVERLAND SWEEP ACCOUNTFEDERAL NATIONAL MORTGAGE ASSOFEDERAL NATIONAL MORTGAGE ASSO Investment #1000120008200023048530491 CUSIP Local Agency Investment Funds (Monthly Summary)SYS Certificates of DepositManaged Pool Accounts (Monthly Summary)20008SYS20002 Federal Agency Issues - Coupon 3135GOZY23135G0ZY2 Treasury Securities - CouponCorporate Notes Run Date: 12/19/2019 - 08:26 18 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Eric McBride, Acting Chief of Police Subject: Inland Center Mall Police Substation Lease Recommendation Adopt Resolution No. 2020-12 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute an agreement to lease a space for a police substation at the Inland Center Mall according to the terms of the lease agreement; and 2. Authorize the Director of Finance to appropriate $20,000 from the Asset Forfeiture Fund Balance into the FY 2019/2020 adopted budget. Background On February 20, 2019, the Mayor and City Council adopted Resolution No. 2019-29, adopting the COPPS philosophy, which is defined by the U.S Department of Justice as partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear The department has since re-organized to facilitate the COPPS philosophy. This included the creation of five geographic area commands designed to improve the quality of life and meet community needs in those areas. The current base of operation for e operator of the Inland Center Mall, Macerich Company, offered to build a police sub-station within the mall and lease it to the City for a cost of $1 a year. On November 6, 2019, the Mayor and City Council were presented with a staff report including a review and discussion of police substations for the Community Oriented Policing and Problem Solving (COPPS) Program; and, more specifically, a proposal from the Macerich Company, Property Manager and Operator of the Inland Center Mall, to lease space for a police substation at the Inland Center Mall. Packet Pg. 449 Page 1 18 6567 The Mayor and City Council directed the City Manager to proceed with negotiating a lease agreement with Macerich Company for the placement of a police sub-station at the Inland Center Mall and discuss the possibility of Macerich Company paying the cost of utilities for the proposed substation. Staff has since met with a representative from Macerich Company, and they have agreed to cover the cost of utilities and provided the City with a proposed lease for review. Discussion In July 2019, the City was approached by Santa Monica based Macerich (NYSE: MAC), a publically traded Real Estate Investment and Trust (REIT) and property owner and operator of 48 regional shopping centers located across the nation, including Inland Center Mall, with a proposal for a San Bernardino Police Department sub-station to be located within the Inland Center Mall. Macerich is proposing to conduct up to $300,000 in tenant improvements which will completely renovate the interior of the space and create a redesigned exterior storefront, in order to meet all current standards for typical office space, at no cost to the City of San Bernardino. Macerich has also agreed to cover the electric utility cost at an estimate expense of $350 per month. A lease rate of $1 annually is being offered to the City for the period specified in the lease agreement. City staff has negotiated the lease agreement with Macerich and is comfortable with the negotiated lease, attached hereto as Attachment 2. This location would serve as an unstaffed sub-station providing offices for the southern district command staff. Officers would utilize the facility for completing tasks such as accessing investigative data bases proprietary to a desktop work station, report writing, replenishing supplies, and restroom breaks, keeping them closer in vicinity to their assigned patrol area rather than returning to the Central station. The presence of the proposed police sub-station will have a favorable impact on the depar commercial retail establishment with approximately five million annual visitors. Sub-station Costs The Macerich Company has offered to provide the City with a quality work space in a desirable location at minimal annual cost. Current equipment stock also allows for furnishing the property with minimal starting costs. Staff initially determined the annual cost of the phone and data service to operate the sub-station to be approximately $14,400 annually. Staff has identified that a dedicated data link can be replaced with a radio connection which would eliminate the recurring monthly cost. The radio connection is estimated to have a one-time cost of $15,000 for $16,321 to $1,921. The tables below illustrate the estimated start up and recurring costs to lease and operate a sub-station at the Inland Center Mall. The estimates were based on consultation with the Inland Center Mall Senior Property Manager, City of San Packet Pg. 450 Page 2 18 6567 Bernardino IT Director, and Public Works. Item Provider of Estimate Start Up Cost Location Improvements Paid by Property Manager Up to $300,000 Furniture/Work Stations Current Inventory (IT $0 Estimate) Computers Current Inventory (IT $0 Estimate) Radio Installation IT Estimate $15,000 Copier IT Estimate $4,000 Security Cameras Online Quote $800 Total Start Up Cost $ 19,800 Item Provider of Estimate Annual Cost Lease Property Manager $1 Alarm Property Manager $ 1,200 Copier Service IT Estimate $ 120 Total Annual Cost $1,321 st Combined 1 Year Total ($19,800.00 + $1,321.00) $21,121 2019-20 Goals and Objectives The request to enter into an agreement with the Inland Center Mall to lease a sub- station aligns with Goal No. 2: Provide for the safety of City residents and businesses. Improving the effectiveness of the police department will enable the City to improve public safety and better serv Fiscal Impact The projected financial impact to the City is a startup cost of $19,800 plus half the annual recurring cost of $660.50. There are sufficient funds in the IT Adopted Budget - Computer Equipment (account 679-250-0060*5702) to cover $5,000 of the radio installation costs. An additional amount of $20,000 will need to be appropriated from the Asset Forfeiture Fund balance to Other Operating Expenses (account, 108-210- 0082*5181) for FY 2019/2020 to cover the estimated first year costs plus additional unforeseen expenses. Future ongoing annual costs will be budgeted and covered under account number 001-210-0001, Admin Budget. FINANCIAL Account Number Current Next Total Ongoing IMPACT Fiscal Fiscal Cost Cost Year Year FY19/20 679-250-0060-5702 (IT $5,000 $5,000 Network Services) FY19/20 108-210-0082*5181 $20,000 $20,000 $1,321 Packet Pg. 451 Page 3 18 6567 (Asset Forfeiture) FY20/21 001-210-0001 $1,321 $1,321 $1,321 (Administration Budget) Budget Adjustment: Yes For Fiscal Year: 2019-2020 No General Fund appropriation is required for this action. Conclusion Adopt Resolution No. 2020-12 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute an agreement to lease a space for a police substation at the Inland Center Mall according to the terms of the lease agreement; and 2. Authorize the Director of Finance to appropriate $20,000 from the Asset Forfeiture Fund Balance into the FY 2019/2020 adopted budget. Attachments Attachment 1 Resolution Attachment 2 Proposed Lease Ward: 3 Synopsis of Previous Council Actions: November 6, 2019 Mayor and City Council authorized the City Manager to discuss with Macerich Company the possibility of them covering the cost of utilities for the proposed substation. February 20, 2019 Mayor and City Council adopted Resolution No. 2019-29, adopting the Community Oriented Policing and Problem Solving (COPPS) philosophy. February 11, 2019 Staff presented the Community Oriented Policing and Problem Solving (COPPS) programs and philosophies for discussion. Packet Pg. 452 Page 4 18.a Resolution No. 2020-12 RESOLUTION NO. 2020-12 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO LEASE A SPACE FOR A POLICE SUBSTATION AT THE INLAND CENTER MALL AND AUTHORIZING THE DIRECTOR OF FINANCE TO APPROPRIATE $20,000 FROM THE ASSET FORFEITURE FUND INTO THE FY 2019/2020 ADOPTED BUDGET WHEREAS, the City of San Bernardino Police Department has implemented the Community Oriented Policing Model; and WHEREAS, the City hopes to establish substations in each area command; and WHEREAS, the City has been offered a lease agreement for substation space at the Inland Center Mall for an annual cost of $1; and WHEREAS, the City has sufficient funds to cover the first year cost in the asset forfeiture fund account. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Authorize the Director of Finance to appropriate $20,000 from the asset forfeiture fund account into the FY 2019/2020 adopted budget. SECTION 2. Authorize the City Manager to execute an agreement to lease a space for a police substation at the Inland Center Mall according to the terms of the lease agreement. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or Attachment: PD-Police Sub-Station-Reso (6567 : Inland Center Mall Police Substation Lease) applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. Packet Pg. 453 18.a Resolution No. 2020-12 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney Attachment: PD-Police Sub-Station-Reso (6567 : Inland Center Mall Police Substation Lease) Packet Pg. 454 18.a Resolution No. 2020-12 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. ______________________________ Georgeann Hanna, MMC, City Clerk Attachment: PD-Police Sub-Station-Reso (6567 : Inland Center Mall Police Substation Lease) Packet Pg. 455 18.b LEASE AGREEMENT THIS LEASE is made and entered into this ______ day of _____________, 2020, by and between WM INLAND INVESTORS IV LP, a Delaware limited partnership, dba INLAND RECITALS A. Lessor is the owner of the premises, which are deemed to be 1,920 square feet and are described as 500 Inland Center Drive, Space 458, San Bernardino, California 92408 (the . The Premises are located i , as morattached hereto and made a part hereof by this reference. B. Lessor desires to lease the Premises to Lessee for use as a community service administrative office by the Police Department of the City of San Bernardino or for other police service purpose. C. Lessee desires to lease the Premises from Lessor pursuant to the provisions stated herein. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. Lessor leases to Lessee, and Lessee lets from Lessor, as herein provided, the Premises. Lessee shall have access to the Premises at all times and shall have the nonexclusive right to use common areas, including parking areas. In addition, Lessee shall have the right to use seven (7) reserved parking spaces designated by Lessor, as more fully described in Section 14 below. 2. Subject to Section 16 below, the term of this lease shall be for seven (7) years, beginning ____________, 2020, and ending ____________, 20__ , unless sooner terminated pursuant to Section 16 below. 3. The total rent for the Premises shall be $1.00 (one dollar) annually, payable in advance on February 1 of each year of the Term. Lessee shall not be liable for other costs or expenses, except as agreed to herein. Payment of rent shall be made to Lessor at 500 Inland Center Drive, San Bernardino, California 92408. 4. The Premises are leased to be used as a community service administrative office for the Police Department of the City of San Bernardino or for other police services purposes, and for no other purpose without the prior written permission of Lessor, which may be withheld in its sole and absolute discretion. Attachment: Attachment 2 - Lease Agreement - Inland Center Mall \[Revision 1\] (6567 : Inland Center Mall Police Substation Lease) Packet Pg. 456 18.b 5. Except as otherwise provided herein, Lessor shall pay for all utilities furnished for the Premises during the Term, including electricity, gas, water and rubbish removal. Lessee shall pay for telephone service and data service. 6. Lessee shall maintain all internal portions of the Premises in good condition. Lessor shall be responsible for the exterior of the building, foundations, structural condition of interior bearing walls, exterior roof, fire sprinkler system, smoke detection systems, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas. Lessee shall be liable for any damage to windows and doors over and above ordinary wear and tear, resulting from the act or omission of Lessee or its authorized representatives. Notwithstanding the foregoing, Lessee hereby accepts the Premises in an condition and Lessor expressly disclaims any warranty or representation with regard to the condition, safety, security, or suitability of the Mall or the Premises. It is understood by Lessee that Lessor does not provide security protection for the Premises. Lessor certifies to Lessee that as of the date of this lease, an inspection of the Premises has not been performed by a Certified Access Specialist (CASp) in conjunction with the lease. Notwithstanding that an access inspection has not been performed, Lessor remains obligated for the compliance of the Premises with all applicable laws for the duration of the lease. In the event that an access inspection is performed by Lessor at any time during the Term, Lessor shall provide Lessee a copy of the inspection report and Lessor shall, at its sole cost and expense, promptly complete all required repairs and modifications to the Premises identified in the inspection report. 7. Lessee shall have the right to install such removable fixtures as are necessary for the proposed use of the Premises and such removable fixtures installed by Lessee shall not become part of the real property. Any business or trade fixtures, equipment, furniture, movable partitions or personal property of Lessee not permanently affixed to the Premises will remain the property of Lessee and shall be removed by Lessee upon expiration or earlier termination of this lease, at Le. Lessee shall repair any damage caused by such removal. In the event that any Lessee Property remains on the Premises after expiration or early termination of this lease, Lessor shall provide notice to Lessee regarding such Lessee Property and allow Lessee thirty (30) days from such notice to remove such Lessee Property. In the event that Lessee fails to remove the Lessee Property from the Premises within such thirty (30) day period, the remaining Lessee Property shall be deemed abandoned, and Lessor may either retain or dispose of any Lessee Property remaining on the Premises upon expiration of such thirty (30) day period. Title to any Lessee Property which Lessor elects to retain shall vest in Lessor. Lessee waives all claims, costs, expenses and causes of action, including, without limitation, reasonable attorneys' and other expert and third party fees and costs (collectively "Claims") against Lessor for any damage or loss to Lessee arising out of Lessor's retention or disposition of any Lessee Property, as provided herein and shall be liable to Lessor for Lessor's costs of removing, storing and disposing of any Lessee Property which Lessee fails to remove from the Attachment: Attachment 2 - Lease Agreement - Inland Center Mall \[Revision 1\] (6567 : Inland Center Mall Police Substation Lease) Packet Pg. 457 18.b Premises as provided herein, as well as all costs of restoring the Premises required as a result of removing such Lessee's Property. 8. Lessee may make such non-structural repairs and improvements as are required to fit the Premises for the proposed use. Notwithstanding the foregoing, Lessee shall not make any structural alterations, structural improvements or any interior alterations to the Premises without the prior written consent of Lessor, including without limitation, any opening or attachment to the roof, ceiling, floor or the interior or exterior walls of the Premises or attach or place anything on the roof or exterior walls of the Premises. Upon completion, any alterations or improvements to the Premises will become the property of Lessor and be subject to this Lease. Such prior written consent will not be necessary for mounting pictures or posters on the interior walls of the Premises. 9. Except in the case of emergency, Lessee agrees that Lessor, its agents, employees or any person authorized by Lessor may enter the Premises upon reasonable prior notice to Lessee (and at all times without notice in the event of an emergency) during regular business hours for the purpose of inspecting its condition, making repairs or improvements to the Premises or the Mall as Lessor may elect (or be required) to make for exhibiting the Premises to prospective occupants. Lessor agrees not to disturb Lessee's conduct of business during such access, except in the case of emergency. 10. Lessee, at its sole cost and expense, shall obtain and keep in full force and effect during the Term a policy of commercial general liability insurance, including broad form property damage liability and personal injury liability coverage, insuring Lessor and Lessee against liability arising out of the use or occupancy of the Premises and all areas appurtenant thereto. Said insurance shall at all times be in an amount of not less than Two Million and No/100 Dollars ($2,000,000.00) combined each occurrence in the aggregate for personal and bodily injury (including death) and property damage. Said policy shall also include Lessor as an additional insured and such other Lessor-affiliated entities as Lessor shall request. To the extent applicable, Lessee shall also obtain and keep in full force and effect during the Term of this lease, Workers' Compensation Insurance in the amount required by the State in which the Mall is located and Employers' Liability insurance on an "occurrence" basis but, in either case, with a limit of not less than Five Hundred Thousand Dollars ($500,000.00) each accident, Five Hundred Thousand Dollars ($500,000.00) each employee by disease and Five Hundred Thousand Dollars ($500,000.00) policy aggregate by disease, covering all persons employed by Lessee in the conduct of its operations (including the all states endorsement and, if applicable, the volunteers endorsement). A certificate evidencing the coverage required under this Section 10 shall be delivered to Lessor prior to Lessor entering upon the Mall. Such certificate shall contain a provision that Lessor and Lessee shall be given a minimum of ten (10) days written notice by the insurer prior to cancellation or termination of such insurance. Lessor and Lessee each hereby agree that, absent willful or grossly negligent misconduct, they waive any rights to recover from each other for claims for damages including claims made by s employees, agents or independent contractors. This provision is intended to waive fully, and for the benefit of Lessor, any rights and/or claims which might give rise to a right of subrogation in favor of any insurance carrier. The coverages obtained by Lessee pursuant Attachment: Attachment 2 - Lease Agreement - Inland Center Mall \[Revision 1\] (6567 : Inland Center Mall Police Substation Lease) Packet Pg. 458 18.b to this lease shall include, without limitation, a waiver of subrogation endorsement attached to the certificate of insurance. If Lessee contracts with or hires independent contractors or vendors in connection with this lease at the Mall, Lessee shall require such independent contractors and/or vendors to obtain, maintain and furnish to Lessee and Lessor satisfactory evidence of insurance with coverages, limits and additional insureds endorsement outlined above. Lessee shall not allow any independent contractor or vendor to enter the Mall until each has obtained and submitted the insurance evidence required herein. 11. Performance of Tenant Improvements. i. As a material part of this lease and in consideration for Lessee agreeing to a seven (7) year lease term, Lessor shall, at its sole cost and expense, cause the installation of tenant improvements necessary for the initial build-out of the Pre, the nature and extent of which shall be determined by Lessor, in its sole and absolute discretion, after receiving shall include all new interior partitions, doors and door hardware, HVAC (heating, ventilating, and air conditioning systems) and HVAC distribution, ceiling systems, light fixtures, plumbing installations, electrical installations and outlets, telephone outlets, required fire and life-safety systems, wall finishes and floor coverings, an exterior entrance and exterior storefront signage, interior reception area, multiple interior offices, work area, bathroom and a conference room (the Lessor will engage an architect to prepare the detailed design and construction plans for the Initial Improvements and will Improvements shall be determined by Lessor, in its sole and absolute discretion. Upon completion, any alterations or improvements to the Premises, including the Initial Improvements, will become the property of Lessor and subject to this Lease. ii. Lessor shall construct and complete the Initial Improvements within one hundred twenty (120) days following receipt of all applicable permits required from the applicable governmental authorities for the commencement of the work. iii. Lessor shall pay for and obtain or cause to be paid and obtained all permits, licenses and approvals required by all applicable laws with regard to the Initial Improvements. iv. Lessor shall perform or cause to be performed all work in connection with the Initial Improvements in a good and workmanlike manner, in compliance with all applicable laws, ordinances, rules and regulations. v. For one (1) year after the date of substantial completion of the Initial Improvements, Lessor shall, following written notice from Lessee, make any repair, replacement, correction or other alteration of any nature necessary by Attachment: Attachment 2 - Lease Agreement - Inland Center Mall \[Revision 1\] (6567 : Inland Center Mall Police Substation Lease) Packet Pg. 459 18.b virtue of any defective construction of the Initial Improvements or defective materials used therein. 12. Lessor shall be responsible, at its sole cost and expense, for the exterior storefront signage at the entrance of the Premises and for the sig parking spaces. The location and design of all signage shall be subject to the prior approval of Lessor in order to maintain consistency with the overall aesthetic of the Premises. Lessee shall remove all existing signage on the Premises at its sole cost and expense and Lessee shall repair any damage caused by the removal of existing signage, reasonable wear and tear excepted. In the event that Lessor requires Lessee to move to another location in the Mall, Lessor shall solely be responsible for the cost and expense of installing equivalent signage at the new location, including cost of removal of existing signage and repair of damage caused by removal of existing signage from the previous location. All signage installed under this Section 12 shall be installed by Lessor. 13. At any time, but in no event more than one (1) time during the Term, Lessor may require Lessee to relocate its operations from the demised Premises to another equivalent space located within the Mall, which space is determined by Lessor in its sole and absolute discretion to be equivalent and In case of relocation, all costs and expenses of such relocation shall be borne solely and exclusively by Lessor and the terms and conditions of this lease shall apply to the new demised Premises. In addition, in case of relocation under this Section 13, Lessor shall, at its sole cost and expense, construct and install the Initial Improvements outlined above in the new demised Premises. 14. Lessor shall provide Lessee seven (7) reserved parking spaces designated by Lessor in a portion of the Mall parking area reasonably close to the Premises, including reserved parking signage as determined by Lessor, in its sole and absolute discretion. 15. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all loss, cost, damage, injury or expense arising out of or in any way related to claims of injury to or death of persons, or damage to property, occurring or resulting directly or indirectly from the use or occupancy of the Premises or activities of Lessee in or about the Premises or the Mall, except to the extent such claims arise solely from the negligence or misconduct of Lessor. Lessor shall indemnify, defend and hold Lessee harmless from and against any and all loss, cost, damage, injury or expense arising out of gross negligence or willful misconduct in the operation of the common areas of the Mall (but, not within the Premises), except to the extent such claims arise solely from the gross negligence or willful misconduct of Lessee. 16. Either Lessor or Lessee shall have the right to terminate this Lease for any reason by giving thirty (30) days written notice to the other of its intent to so terminate and in that event, this Lease shall terminate thirty (30) days thereafter. If Lessee terminates this Lease under this Section 16 prior to the expiration of the Term, Lessee shall reimburse Lessor for the remaining unamortized value of the Initial Improvements, which the parties have agreed shall be fifteen thousand dollars ($15,000.00) for each year remaining on the Term of this lease, prorated accordingly for partial calendar years; provided, however, Lessee shall not be obligated to Attachment: Attachment 2 - Lease Agreement - Inland Center Mall \[Revision 1\] (6567 : Inland Center Mall Police Substation Lease) Packet Pg. 460 18.b reimburse Lessor for the remaining unamortized value of the Initial Improvements if this Lease . Payment of all such sums shall be made by Lessee upon the termination of this Lease. 17. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested, addressed as follows: WM INLAND INVESTORS IV LP, City of San Bernardino a Delaware limited partnership 290 North "D" Street 500 Inland Center Drive San Bernardino, CA 92401 San Bernardino, CA 92408 Attn: City Manager Attn: Arun Parmar Such notices shall be deemed given upon receipt, rejection or inability to deliver to the addressee. 18. Lessee agrees not to permit or cause any mechanic's lien to be filed against the Premises or the Mall by reason of any work, labor, services or material performed at or furnished to the Premises, to Lessee or to anyone holding the Premises through or under Lessee. Nothing in this lease shall be construed as consent on the part of Lessor to subject estate in the Premises to any mechanic's liens or liability under the mechanic's lien laws in the state in which the Mall is located. 19. Lessee shall comply promptly with all applicable laws, ordinances, orders and regulations affecting the Premises and the occupancy, condition, configuration, cleanliness, safety, operation and/or use thereof. 20. This Lease may not be assigned by Lessee without the prior written consent of Lessor (which consent may be withheld in Lessor's sole and absolute discretion), nor may any of Lessee's rights under this Lease be transferred to any other party by operation of law. Any such prohibited assignment or transfer will be void and of no effect and will constitute a material breach of this Lease. 21. Lessor shall have the right to transfer and assign, in whole or in part, all of its rights and obligations under this Lease and in the Premises and/or the Mall. Upon transfer, Lessor shall be released from any further obligations hereunder and Lessee agrees to look solely to the successor in interest of Lessor for the performance of such obligations, provided that any successor under a voluntary, third party transfer (but not as part of an involuntary transfer resulting from a foreclosure or deed in lieu thereof) shall have assumed Lessor's obligations under this Lease. 22. Lessor and Lessee agree that all rent paid to Lessor under this lease shall qualify as defined in Internal Revenue Code Section 856(d) and as further defined in Treasury Regulation Section 1.856-4, as each is amended from time-to-time. Should Attachment: Attachment 2 - Lease Agreement - Inland Center Mall \[Revision 1\] (6567 : Inland Center Mall Police Substation Lease) Packet Pg. 461 18.b the requirements of the said Internal Revenue Code Section or Treasury Regulation Section be amended so that a for the purposes of the Internal Revenue Code or the Treasury Regulation, the rent payable to Lessor shall be adjusted so that such r under the Internal Revenue Code and Treasury Regulation; provided that such adjustments required under the provisions of this Section 22 shall not increase the monetary obligations of Lessee. If any adjustment of rent under this Section 22 or if Lessor in good faith determines that its status as a real estate investment trust under the provisions of the Internal Revenue Code or the Treasury Regulation will be jeopardized because of any provision of this lease, Lessee without charge therefor and within ten (10) days after Lessor's written request therefor, shall execute and deliver to Lessor such amendments to this lease as may reasonably be required by Lessor to avoid such jeopardy; provided such amendments do not increase the monetary obligations of Lessee or in any other manner materially increase Lessee's obligations or materially decrease Lessee's rights under this lease. 23. The parties hereto are independent contractors. It is not the intent of the parties to form any partnership or joint venture and it is understood that each party will exercise full power and authority, except as specifically provided otherwise in this Lease, to select the means, method and manner of performing all obligations to be performed under this Lease. 24. No gift or gratuity or any promise of gift or gratuity has been given, offered or made to or for the benefit of any employee or agent of Lessor as a result of or in any way in connection with Lessee entering into this Lease. 25. In the event of default by any party under this Lease, the non-defaulting party shall have all remedies available to it at law or in equity including, without limitation, the remedy described in Section 1951.2 of the California Civil Code. 26. Lessor and Lessee each hereby waive trial by jury in any action, proceeding or counterclaim brought by either party against the other on any matter whatsoever arising out of or in any way connected with this Lease or Lessee's use or occupancy of the Premises, including any claim of injury or damages and any emergency and other statutory remedy with respect thereto. Lessor and Lessee also agree that the venue of any such action or proceeding shall be in the city, county and state in which the Mall is located. 27. In the event any legal action is commenced to enforce the terms of this lease, the prevailing party shall be awarded its costs and expenses, including reasonable attorneys' fees. 28. In the event of a fire or any other casualty to all or a portion of the Premises or the Mall or in the event of a Taking of any portion or all of the Premises or the Mall, Lessor may terminate this Lease upon written notice to Lessee, such termination to be effective upon the date of such damage or upon the date the condemning authority takes title, as the case may be. Absent any termination, Lessor shall be obligated to promptly commence and diligently prosecute to completion any work Lessor must undertake to restore the Premises to the same condition as when the Initial Improvements outlined in Section 11 were completed. Lessee must also diligently complete any work required to open the Premises for business within thirty Attachment: Attachment 2 - Lease Agreement - Inland Center Mall \[Revision 1\] (6567 : Inland Center Mall Police Substation Lease) Packet Pg. 462 18.b (30) days after Lessor delivers the Premises to Lessee with the Initial Improvements completed. As used in this Section 28, - public use by the right of eminent domain or otherwise by a taking in the nature of inverse condemnation, with or without litigation, or a transfer by agreement in lieu thereof. 29. This lease may be amended or modified only by written agreement signed by both parties and failure on the part of either party to enforce any provision of this lease shall not be construed as a waiver of the right to compel enforcement of such provision or provisions, nor act to release any surety from its obligations under this lease. 30. Any signature to this lease transmitted electronically through DocuSign (or a comparable electronic execution system) shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature). This Lease may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single lease. 31. This Lease and the following Exhibit, which are hereby incorporated into and made a part of this lease, together with any simultaneous or subsequent written agreement between the parties, will constitute the entire agreement and understanding between the parties hereto, all prior negotiations are merged herein and no representations have been made by either of the parties except as expressly contained in this lease. \[Signature Page Follows\] Attachment: Attachment 2 - Lease Agreement - Inland Center Mall \[Revision 1\] (6567 : Inland Center Mall Police Substation Lease) Packet Pg. 463 18.b IN WITNESS THEREOF, the parties executed this lease on the date first above written. LESSOR: WM INLAND INVESTORS IV LP dba INLAND CENTER MALL By: _______________________________ LESSEE: THE CITY OF SAN BERNARDINO By: _______________________________ ATTEST: _____________________________ City Clerk Approved as to form and legal content: Gary D. Saenz City Attorney By: _______________________________ Attachment: Attachment 2 - Lease Agreement - Inland Center Mall \[Revision 1\] (6567 : Inland Center Mall Police Substation Lease) Packet Pg. 464 18.b EXHIBIT A LOCATION OF PREMISES Attachment: Attachment 2 - Lease Agreement - Inland Center Mall \[Revision 1\] (6567 : Inland Center Mall Police Substation Lease) Packet Pg. 465 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 19 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager Subject: Agreement for Legal Services with Lynberg & Watkins Recommendation Adopt Resolution No. 2020-22 of the Mayor and City Council of the City of San Bernardino, California, ratifying the Retention Agreement with Lynberg & Watkins and authorizing the City Manager to execute the Amendment to the Retention Agreement. Background During the budget process for FY 2019/20, the Mayor and City Council reduced the salaries of the elected City Attorney and elected City Clerk. On July 2, 2019, the elected officials sued the City in the Superior Court (Saenz et al. v. City of San Bernardino City Council, et al. On July 8, 2019, the City Manager executed a Retention Agreement with the law firm Lynberg & Watkins, attached hereto as Attachment 1, for representation in the case. In -to- exceed of $50,000 absent approval and ratification by the Mayor and City Council. While the trial court ruled against the City and the elected officials have been made whole, there are outstanding matters related to the case. The City has filed a notice of City of San Bernardino v. Saenz et al., Fourth District Court of Appeal) and the elected officials filed tort claims against the City on July 24, 2019. Discussion Because the outstanding matters involve the same factual circumstances as the original lawsuit, it would be prudent and efficient for the City to utilize the same law firm for such matters. The proposed resolution would ratify the original Retention Agreement, removing the not-to-exceed cap, and authorize the City Manager to execute the Amendment to the Retention Agreement, attached hereto as Attachment 2, to cover the appeal and the handling of the tort claims. The Amendment proposes a blended rate of $275 per hour for attorney time and $125 per hour for paralegal time. Packet Pg. 466 Page 1 19 6583 2019-20 Goals and Objectives The action aligns with Goal No. 6: Operate in a fiscally responsible and business-like manner. The use of the same law firm for similar matters maximizes efficiency in the representation of the City. Fiscal Impact The financial impact to the City will depend upon the result of the litigation. Outside counsel litigation fees of this nature are covered in the FY 2019/20 Adopted Budget in account number 001-050-0005-5503. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-22, ratifying the Retention Agreement with Lynberg & Watkins and authorizing the City Manager to execute the Amendment to the Retention Agreement. Attachments Attachment 1 Lynberg & Watkins Retention Agreement executed July 8, 2019. Attachment 2 Proposed Amendment to Retention Agreement Attachment 3 Resolution No. 2020-22 Packet Pg. 467 Page 2 19.a Attachment: Attachment 1 - Retention Agreement (6583 : Agreement for Legal Services with Lynberg & Watkins) Packet Pg. 468 19.a Attachment: Attachment 1 - Retention Agreement (6583 : Agreement for Legal Services with Lynberg & Watkins) Packet Pg. 469 19.a Attachment: Attachment 1 - Retention Agreement (6583 : Agreement for Legal Services with Lynberg & Watkins) Packet Pg. 470 19.a Attachment: Attachment 1 - Retention Agreement (6583 : Agreement for Legal Services with Lynberg & Watkins) Packet Pg. 471 19.b LOS ANGELESORANGECOUNTYSAN DIEGOCENTRAL COAST 1150 S. Olive Street 1100 Town & Country Road 8880 Rio San Diego Drive 8930 Morro Road Eighteenth Floor Suite #1450 Suite #1045 Atascadero, CA 93422 Los Angeles, CA 90015 Orange, CA 92868 San Diego, CA 92108 Tel 805-232-3884 Tel 213-624-8700 Tel 714-937-1010 Tel 619-814-2169 Fax 805-314-2661 Fax 213-892-2763Fax 714 937-1003 Fax 619-356-4968 REPLY TO: ORANGE COUNTY December 10, 2019 VIA ELECTRONIC MAIL Teri Ledoux City Manager City of San Bernardino 290 North D Street San Bernardino, CA 92401 AMENDMENT TO RETENTION AGREEMENT City of San Bernardino v. Saenz et al. Fourth District Court of Appeal, State of California Date of Notice of Appeal: December 13, 2019 Our File Nos.: 1859-0008 Saenz et al. v. City of San Bernardino et al. Not Identified to Date Date of Incident: Continuing through June/July 2019 Our File Nos.: 1859-0009 Supplemental Matters TBD This Amendment to Retention Agreement (Amendment) memorializes that the City of San Bernardino has retained Lynberg & Watkins, APC to represent it as its attorneys and to render legal services related to the above-referenced matters. The City of San Bernardino and Lynberg & Watkins are sometimes referenced below in the aggregate as the Parties. This Amendment pertains and relates to, and amends that certain Retention Agreement executed by and between the Parties on July 8, 2019 (the Original Agreement). The Original Agreement is attached to this Amendment as Exhibit A, and incorporated in its entirety herein. Except as specifically indicated in this Amendment, all necessary professional services arising from and related to the above-referenced matters (the Services), and all terms and conditions applicable thereto, shall be in accordance with the Original Agreement. Now that work under the Original Agreement is complete, this Amendment sets forth the Parties mutual understanding with respect to the continuing scope of legal work for which Lynberg & Watkins shall be responsible, and the fees, costs, and disbursements for which the City of San Bernardino will be responsible, to the limited extent that they vary from the Original Agreement. Attachment: Attachment 2 - Amendment to Retention Agreement (6583 : Agreement for Legal Services with Lynberg & Watkins) Packet Pg. 472 19.b Re: City of San Bernardino v. Saenz et al., Saenz et al. v. City of San Bernardino, and Supplemental Matters December 10, 2019 Lynberg & Watkins agrees to render all necessary professional services arising from and related to the above-referenced matters (the Services), including without limitation court appearances, drafting of pleadings, correspondence, communications and other documents, analysis, consultation, professional opinions, and such other services as may be required and directed by the City of San Bernardino in relation thereto. The Parties agree that Lynberg & Watkins shall represent the City in (1) an appeal to be filed with the Fourth District Court of Appeal in relation to the trial courts issuance, on October 15, 2019, of a writ of mandate in the matter that was the subject of the Parties Original Agreement (Original Matter), (2) any lawsuit filed by the petitioners in the Original Matter in relation to their tort claim dated July 23, 2019 and transmitted to the City under cover of a letter dated July 24, 2019, and (3) any supplemental matter as determined by the City of San Bernardino, provided however that the City Manager shall not have independent authority hereunder to engage the services of Lynberg & Watkins as to any new matter that will cause any payment to Lynberg & Watkins, exclusive of other Services provided hereunder, in excess of fifty thousand dollars ($50,000.00). Our rates in the appellate matter referenced above, and in any matter to be litigated before any court of appeal hereunder, shall be an agreed blended rate of two hundred seventy-five dollars ($275.00) per hour for all of our attorneys, with paralegal services billed at one hundred twenty five dollars ($125.00) per hour. Hourly rates as to all other Services hereunder as shall remain as stated in the Original Agreement, unless they are the subject of a further amendment to the Original Agreement. If the City of San Bernardino understands and agrees to the terms and conditions described herein, please indicate that consent by signing a copy of this Amendment, and returning a signed copy to this office. Each of the Parties warrants and represents to the other that the signature provided below on its behalf is duly authorized. Please retain a signed copy of this Amendment for your records. Thank you again for selecting this firm to assist you with Services. We will of course always do our utmost to provide you with efficient service, and strive to achieve the best results possible in this and any other matter you may refer to us for handling. LYNBERG & WATKINS, APCRepresentation Accepted By CITY OF SAN BERNARDINO: _____________________________ ____________________________ SIGNATURE BY: EDWARD Z. KOTKIN _____________________________ DATE: ________________ PRINTED NAME/TITLE DATE: _________________ Attachment: Attachment 2 - Amendment to Retention Agreement (6583 : Agreement for Legal Services with Lynberg & Watkins) 4813-8228-4718, v. 1 2 Packet Pg. 473 19.c Resolution No. 2020-22 RESOLUTION NO. 2020-22 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE RETENTION AGREEMENT WITH LYNBERG & WATKINS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO THE RETENTION AGREEMENT WHEREAS, on July 8, 2019, the City Manager executed a Retention Agreement with the law firm Lynberg & Watkin for representation in Superior Court case Saenz et al. v. City of San Bernardino City Council, et al. (CIVDS 1919509); and WHEREAS, i included a not-to-exceed of $50,000 absent approval and ratification by the City Council; and WHEREAS, in order to remove the not-to-exceed cap and to provide continued representation on related matters, including an appeal and the handling of related tort claims, the City Council desires to ratify the Retention Agreement and authorize the City Manager to execute an Amendment to the Retention 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 City Council hereby ratifies the Retention Agreement attached hereto as Exhibit A and authorizes the City Manager to execute the Amendment to the Retention Agreement attached hereto as Exhibit B. SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. Attachment: Attachment 3 - Resolution No. 2020-22 (6583 : Agreement for Legal Services with Lynberg & Watkins) APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of January, 2020. Packet Pg. 474 19.c Resolution No. 2020-22 John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney Attachment: Attachment 3 - Resolution No. 2020-22 (6583 : Agreement for Legal Services with Lynberg & Watkins) Packet Pg. 475 19.c Resolution No. 2020-22 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-22, adopted at a regular meeting held at the 15th day of January, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. ______________________________ Georgeann Hanna, MMC, City Clerk Attachment: Attachment 3 - Resolution No. 2020-22 (6583 : Agreement for Legal Services with Lynberg & Watkins) Packet Pg. 476 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 20 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Rebekah Kramer, Assistant City Manager Subject: Basic Compensation Plan for Temporary/Part-Time and Seasonal Employees of the City of San Bernardino Recommendation Adopt Resolution No. 2020-6 of the Mayor and City Council of the City of San Bernardino, California, establishing a basic compensation plan for temporary/part-time and seasonal employees of the City of San Bernardino and repealing Resolution No. 2019-28. Background On April 4, 2016, Senate Bill 3 was signed into law. This legislation amended Section 1182.12 of the California Labor Code and requires any employer with 26 or more employees to implement new minimum wages pursuant to the following schedule: January 1, 2017 - December 31, 2017 = $10.50/hour January 1, 2018 - December 31, 2018 = $11.00/hour January 1, 2019 - December 31, 2019 = $12.00/hour January 1, 2020 - December 31, 2020 = $13.00/hour January 1, 2021 - December 31, 2021 = $14.00/hour January 1, 2022 - until adjusted pursuant to statute = $15.00/hour Discussion The proposed compensation plan would incorporate the minimum wage increase effective January 1, 2020, as well as increases for positions that will be affected by compaction due to the implementation of the minimum wage increase. Additionally, part-time classifications with full-time equivalent classifications have been adjusted to match the full-time classifications salary range. Exhibit A identifies the hourly pay rates for all temporary/part-time and seasonal classifications in the City of San Bernardino. Temporary, part-time, and seasonal employment is restricted to 1,000 hours within a fiscal year (July 1st to June 30th) and employees in these positions do not qualify to receive City benefits, except those required by law. Further restrictions apply to Packet Pg. 477 Page 1 20 6570 2019-20 Goals and Objectives Establishing a basic compensation plan for temporary/part-time and seasonal employees aligns with Goal 5: Improve Government Operations by ensuring that employees are fairly compensated. Fiscal Impact The additional cost in compensation from January 1, 2020 to June 30, 2020 will result in an increase of approximately $28,000. The minimum wage increase was anticipated and accounted for within the FY 2019/20 Adopted Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-6, establishing a basic compensation plan for temporary/part-time and seasonal employees of the City of San Bernardino and repealing Resolution No. 2019-28. Attachments Attachment 1 Resolution; Exhibit A - (Basic Compensation Plan for Temporary/ Part-Time Employees) Ward: N/A Synopsis of Previous Council Actions: On February 20, 2019, Resolution No. 2019-28 established a basic compensation for temporary/part-time and seasonal employees of the City of San Bernardino and repealed Resolution No. 2018-135. Packet Pg. 478 Page 2 20.a Resolution No. 2020-6 RESOLUTION NO. 2020-6 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A BASIC COMPENSATION PLAN FOR TEMPORARY/PART-TIME AND SEASONAL EMPLOYEES OF THE CITY OF SAN BERNARDINO AND REPEALING RESOLUTION NO. 2019-28 WHEREAS, on February 20, 2019, the City of San Bernardino established a salary schedule for Temporary/Part-Time and Seasonal Employees of the City; and WHEREAS, there is a need to amend the compensation plan to ensure that employees are fairly compensated; and WHEREAS, the adopted budget for Fiscal Year 2019/20 includes sufficient funding to support this amended basic compensation plan for temporary/part-time and seasonal employees. 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. temporary/part- hereby approved. SECTION 3. Upon adoption of this Resolution, temporary/part-time and seasonal employees shall be paid in accordance with the ranges established by this temporary/part-time basic compensation plan effective January 1, 2020. SECTION 4. Resolution No. 2019-28 is hereby repealed. SECTION 5. Temporary, part-time and seasonal employment is restricted to 1,000 hours within a fiscal year and employees in these positions do not qualify to receive benefits, except those required by law. Further restrictions apply to CalPERS retired annuitants. Recipients of retirement allowances and employed without reinstatement are excluded from the paid sick leave requirements. SECTION 6. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Attachment: HR.Basic Compensation Plan PT-Temp Employees.Resolution (6570 : Basic Compensation Plan for Temporary/Part-Time and Packet Pg. 479 20.a Resolution No. 2020-6 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 with retroactive application as noted in Section 3. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Attachment: HR.Basic Compensation Plan PT-Temp Employees.Resolution (6570 : Basic Compensation Plan for Temporary/Part-Time and Packet Pg. 480 20.a Resolution No. 2020-6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-_, adopted at a regular meeting held on the ___ day of _______ 2020, by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Georgeann Hanna, MMC, City Clerk Attachment: HR.Basic Compensation Plan PT-Temp Employees.Resolution (6570 : Basic Compensation Plan for Temporary/Part-Time and Packet Pg. 481 20.b City of San Bernardino EXHIBIT A Basic Compensation Plan for Temporary/Part-Time Employees Hourly Range Class CodeClassification Title 00023Accounting Assistant (PT)$19.79-$24.06 00011Accountant I (PT)$25.40-$30.87 00012Accountant II (PT)$27.51-$33.44 00010Accountant III (PT)$31.00-$37.68 00861Accounting Manager (PT)$40.59-$49.34 00508Administrative Analyst I (PT)$26.69-$32.45 00510Administrative Analyst II (PT)$31.00-$37.68 00709Administrative Assistant (PT)$18.83-$22.88 00081Administrative Assistant to City Council (U) (PT)$24.16-$29.37 00534Administrative Claims Specialist (PT)$20.39-$24.79 $13.00 Flat 00013Animal License Checker (PT) 00119Animal Shelter Attendant (PT)$16.21-$19.71 00300Apprentice (PT)$13.00-$21.00 00212Assistant Literacy Program Coordinator (PT)$17.38-$21.13 00168Assistant Planner (PT)$28.06-$34.11 00169Associate Planner (PT)$32.59-$39.62 00194Background Investigator (PT)$30.00-$35.00 00072Building Inspector I (PT)$25.40-$30.87 00073Building Inspector II (PT)$28.06-$34.11 00264Business Registration Inspector (PT)$22.98-$27.94 00220Business Registration Representative (PT)$18.83-$22.89 00271Buyer (PT)$25.40-$30.87 00450Code Enforcement Officer I (PT)$20.80-$25.29 00455Code Enforcement Officer II (PT)$26.69-$32.45 00132Community Development Block Grant (CDBG) Program Assistant (PT)$17.91-$21.77 00190Community Development Technician (PT)$21.87-$26.58 00571Construction Inspector I (PT)$24.16-$29.37 00573Construction Inspector II (PT)$28.06-$34.11 00350Coordinator of Volunteers (PT)$13.96-$16.97 00603Crime Analyst (PT)$26.69-$32.45 00605Crime Data Technician (PT)$15.42-$18.75 $13.50 Flat 00054Custodial Aide (PT) 00621Custodian (PT)$15.42-$18.75 00224Customer Service Representative (PT)$16.21-$19.71 00009Departmental Accounting Technician (PT)$17.91-$21.77 00831Electrician I (PT)$21.87-$26.58 00841Electrician II (PT)$24.16-$29.37 00432Engineering Assistant I (PT)$24.16-$29.37 00434Engineering Assistant II (PT)$26.69-$32.45 00921Equipment Mechanic I (PT)$20.80-$25.29 00902Equipment Mechanic II PT)$22.98-$27.94 00707Executive Assistant (PT)$21.87-$26.58 00982Executive Assistant to Director (U) (PT)$24.16-$29.37 Attachment: HR.Basic Compensation Plan PT-Temp.EXHIBIT A \[Revision 1\] (6570 : Basic Compensation Plan for Temporary/Part-Time and $13.50 Flat 00083Extra Relief Heavy Laborer (PT) ADOPTED: 1/15/20 1 EFFECTIVE: 1/1/20 - 12/31/20 Packet Pg. 482 20.b Hourly Range Class CodeClassification Title 00623Facilities Maintenance Mechanic (PT)$20.80-$25.29 00512Financial Analyst (PT)$32.59-$39.62 00066Food Service Supervisor II (PT)$25.40-$30.87 00165Forensics Specialist I (PT)$21.87-$26.57 00166Forensics Specialist II PT)$25.40-$30.87 00207Human Resources Technician (PT)$19.79-$24.06 00657Human Resources Analyst (PT)$32.59-$39.62 00355IEMG/CATV Programming/Traffic Assistant (PT)$13.00-$15.59 00019Student Intern (PT)$13.00-$21.00 $32.09 Flat* 00308Law Enforcement Trainee (PT) 00322Legal Secretary I (PT)$21.87-$26.58 00323Legal Secretary II (PT)$24.16-$29.37 00210Legislative Field Representative (U) (PT)$21.44-$26.05 00341Library Assistant (PT)$15.42-$18.75 00391Library Technician I (PT)$17.04-$20.72 00392Library Technician II (PT)$18.83-$22.89 00488Maintenance Worker I (PT)$16.21-$19.71 00487Maintenance Worker II (PT)$18.83-$22.89 00427NPDES Inspector I (PT)$24.16-$29.37 00426NPDES Inspector II (PT)$28.06-$34.11 00711Office Assistant (PT)$14.67-$17.84 00581Parking Enforcement Officer (PT)$17.04-$20.72 00611Parks Maintenance Worker I (PT)$16.21-$19.71 00622Parks Maintenance Worker II (PT)$18.83-$22.89 00071Payroll Technician (PT)$21.87-$26.58 00680Plans Examiner I (PT)$28.06-$34.11 00682Plans Examiner II (PT)$32.59-$39.62 00481Plumber (PT)$24.16-$29.37 00192Police Cadet (PT)$14.50-$16.50 00767Police Dispatcher I (PT)$20.80-$25.29 00768Police Dispatcher II (PT)$22.98-$27.94 00218Police Personnel &Training Technician (PT)$21.87-$26.58 00219Police Records Technician I (PT)$14.67-$17.84 00221Police Records Technician II (PT)$16.21-$19.71 00256Recreation Supervisor (Aquatics) (PT)$26.36-$32.04 00721SB Direct Call Taker (PT)$17.04-$20.72 00722SB Direct Call Taker Bilingual (PT)$21.87-$26.58 $13.26 Flat 00270Security Guard (PT) $18.36 Flat 00263Security Officer (PT) $20.40 Flat 00265Security Officer II (PT) 00710Senior Office Assistant (PT)$16.21-$19.71 00227Senior Business Registration Representative (PT)$19.79-$24.06 00228Senior Customer Service Representative (PT)$18.46-$22.44 Attachment: HR.Basic Compensation Plan PT-Temp.EXHIBIT A \[Revision 1\] (6570 : Basic Compensation Plan for Temporary/Part-Time and 00223Senior Customer Service Representative/Dispatcher (PT)$17.91-$21.77 ADOPTED: 1/15/20 2 EFFECTIVE: 1/1/20 - 12/31/20 Packet Pg. 483 20.b Hourly Range Class CodeClassification Title 00656Senior Human Resources Technician$21.87-$26.57 00213Senior Librarian (PT)$29.50-$35.86 00261Senior Library Technician (PT)$22.98-$27.94 00447Traffic Signal Technician I (PT)$24.16-$29.37 00448Traffic Signal Technician II (PT)$26.69-$32.45 00439Traffic Operations & System Analyst (PT)$37.85-$46.01 Attachment: HR.Basic Compensation Plan PT-Temp.EXHIBIT A \[Revision 1\] (6570 : Basic Compensation Plan for Temporary/Part-Time and ADOPTED: 1/15/20 3 EFFECTIVE: 1/1/20 - 12/31/20 Packet Pg. 484 20.b HOURLY RATES FROM DATE OF HIRE Class CodeClassification Title STEP 1STEP 2STEP 3STEP 4STEP 5 00361Library Page (PT)$13.00$13.13$13.27$13.40$13.54 ANNUAL STEP INCREASE Class CodeClassification Title STEP 1STEP 2STEP 3 00133Lifeguard (PT)$14.05$14.74$15.49 00283Senior Lifeguard (PT)$15.96$16.76$17.61 00331Pool Manager I (PT)$17.66$18.55$19.47 00333Pool Manager II (PT)$19.11$20.07$21.07 00222Recreation Aide (PT)$13.00$13.60$14.23 00244Recreation Leader (PT)$13.55$14.18$14.83 00254Recreation Specialist - Social & Cultural (PT)$15.69$16.48$17.30 00255Recreation Specialist - Sports & Athletics (PT)$15.69$16.48$17.30 00257Recreation Specialist - Food Service (PT)$15.69$16.48$17.30 00258Recreation Specialist - Therapeutics (PT)$15.69$16.48$17.30 00206Recreation Specialist - Theatre Tech (PT)$15.38$16.48$17.30 00294Senior Recreation Leader (PT)$14.19$14.90$15.65 00259Food Service Program Specialist (PT)$13.00$13.60$14.23 *Salary for Law Enforcement Trainee established 8/1/19 Attachment: HR.Basic Compensation Plan PT-Temp.EXHIBIT A \[Revision 1\] (6570 : Basic Compensation Plan for Temporary/Part-Time and ADOPTED: 1/15/20 4 EFFECTIVE: 1/1/20 - 12/31/20 Packet Pg. 485 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 21 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Rebekah Kramer, Assistant City Manager Subject: Salary Schedules for Full-Time Miscellaneous Classifications Recommendation Adopt Resolution No. 2020-7 of the Mayor and City Council of the City of San Bernardino, California, approving revised salary schedules for the full-time miscellaneous classifications of the City of San Bernardino for Fiscal Years 2015/16, Retirement System (CalPERS) regulations and amending Resolution No. 2019-269. Background In February 2018, the California Publ Office of Audit Services (OFAS) conducted an audit on various Public Agencies, including the City of San Bernardino. On December 18, 2018, CalPERS notified the City that the salary schedules had not been published each fiscal year beginning July 1, 2011. In order to bring the salary schedules into compliance with the PERL, pay rates must be reported to CalPERS in accordance with Government Code sections 20636, 20636.1, 7522.34(a) and corresponding sections of the California Code of Regulations (CCR) 570.5 which recommends all CalPERS employers maintain their compensation levels in a publicly available document, approved and adopted by the governing body. The pay schedules must meet all of the following criteria: (1) Be duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; (2) Identifies the position title for every employee position; (3) Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range; (4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; (5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website; (6) Indicates an effective date and date of any revisions; Packet Pg. 486 Page 1 21 6571 (7) Is retained by the employer and available for public inspection for not less than five years; and (8) Does not reference another document in lieu of disclosing the pay rate. Discussion Staff prepared the revised salary schedules for approval and adoption at the December 4, 2019, Mayor and City Council meeting. While Resolution No. 2019-269 approved the revised salary schedules, a correction was required by CalPERS with respect to the classification of the Regulatory Compliance Analyst. The Fiscal Year (FY) 2015/16, 2017/18 & 2018/19 salary schedules have been revised to reflect this correction. Furthermore, revisions have been made to the FY 2019/20 salary schedule to reflect the recent classification changes adopted by the Mayor and City Council including the addition of the Director of Animal Services (U) and appointed City Clerk (U) classifications. The proposed action is recommended to continue to ensure compliance with Government Code sections 20636, 20636.1, 7522.34(a) and corresponding sections of the California Code of Regulations (CCR) 570.5. 2019-20 Goals and Objectives The request to approve the revised salary schedules aligns with Goal No. 5: Improve City Government Operations and Goal No. 6: Operate in a fiscally responsible and business-like manner. 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, adopt Resolution No. 2020-7, approving revised salary schedules for the full- time miscellaneous classifications of the City of San Bernardino for Fiscal Years 2015/16, 2017/18, 2018/19 and 2019/20 in compliance with the California Public 2019-269. Attachments Attachment 1 Resolution; Exhibit A - (Miscellaneous Salary & Range Tables) Ward: N/A Synopsis of Previous Council Actions: On December 4, 2019, the Mayor and City Council adopted Resolution No. 2019-269, approving the revised salary schedules for the full-time miscellaneous and safety classifications of the City of San Bernardino for Fiscal Years 2011/12, through 2019/20 in compliance with the California Public Employees' Retirement System (CalPERS) regulations. Packet Pg. 487 Page 2 21.a Resolution No. 2020-7 RESOLUTION NO. 2020-7 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FULL- TIME MISCELLANEOUS CLASSIFICATIONS OF THE CITY OF SAN BERNARDINO FOR FISCAL YEARS 2015/16, 2017/18, 2018/19 AND 2019/20 IN COMPLIANCE RETIREMENT SYSTEM (CALPERS) REGULATIONS AND AMENDING RESOLUTION NO. 2019-269 WHEREAS, in February 201 (CalPERS) Office of Audit Services (OFAS) conducted an audit on various Public Agencies, including the City of San Bernardino; and WHEREASirement System Regulations section 570.5 (2 CCR § 570.5) states that Government Code Sections 20630, 20636, and 20636.1, pay rate shall be limited to the amount listed on a pay schedule that meets all of the following requirements: (1) Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meeting laws; (2) Identifies the position title for every employee position; (3) Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range; (4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; (5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website; (6) Indicates an effective date and date of any revisions; (7) Is retained by the employer and available for public inspection for not less than five years; and (8) Does not reference anoth Attachment: HR.Salary Schedules.Resolution (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) WHEREAS, a correction is required with respect to the classification for Regulatory Compliance Analyst; and Packet Pg. 488 21.a Resolution No. 2020-7 WHEREAS, salary schedule. 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 full-time miscellaneous classifications attached hereto and are approved and Resolution No. 2019-269 is hereby amended. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Attachment: HR.Salary Schedules.Resolution (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) Gary D. Saenz, City Attorney Packet Pg. 489 21.a Resolution No. 2020-7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020, by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Georgeann Hanna, MMC, City Clerk Attachment: HR.Salary Schedules.Resolution (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) Packet Pg. 490 ADOPTED: 1/15/20 21.b EXHIBIT A-1 EFFECTIVE: 7/1/15 - 6/30/16 City of San Bernardino Salary Schedule Fiscal Year (FY) 2015-2016 CODEBARGAINING UNIT GENGENERAL MMMIDDLE MANAGEMENT CCONFIDENTIAL MMANAGEMENT ELECTEDELECTED OFFICIALS MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 30011ACCOUNTANT I (FLEX)444GEN 30012ACCOUNTANT II464GEN 20013ACCOUNTANT III484MM 30023ACCOUNTING ASSISTANT394GEN ACCOUNTING DIVISION MANAGER (U) 10860592M ********ESTABLISHED ACCOUNTING MANAGER 10861554M ********RECLASSIFIED TO ACCOUNTING ASSISTANT; DELETED 30019ACCOUNTING TECHNICIAN414GEN 10508ADMINISTRATIVE ANALYST I (FLEX)454M 10506ADMINISTRATIVE ANALYST I/ASSISTANT OF ELECTIVE OFFICER (FLEX) (U)454M 10510ADMINISTRATIVE ANALYST II484M 10507ADMINISTRATIVE ANALYST II/ASSISTANT OF ELECTIVE OFFICER (U)484M 30709ADMINISTRATIVE ASSISTANT384GEN 10081ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)434C 10094ADMINISTRATIVE ASSISTANT TO CITY MANAGER (U)414C 10534ADMINISTRATIVE CLAIMS SPECIALIST404C 20457ADMINISTRATIVE SERVICES SUPERVISOR454MM 20332ANIMAL CONTROL MANAGER494MM 30111ANIMAL CONTROL OFFICER394GEN 30119ANIMAL SHELTER ATTENDANT354GEN 20338ANIMAL SHELTER KENNEL SUPERVISOR414MM 20335ANIMAL SHELTER OFFICE SUPERVISOR414MM 10619APPLICATIONS DEVELOPMENT MANAGER574M 30894ASSESSMENT DISTRICT/REAL PROP SPECIALIST444GEN 10448ASSESSMENT DISTRICT/REAL PROPERTY MANAGER504M 10644ASSISTANT CITY MANAGER (U)689M 30168ASSISTANT PLANNER (FLEX)464GEN 10105ASSISTANT TO THE MAYOR II (U)464M 10106ASSISTANT TO THE MAYOR III (U)514M 20169ASSOCIATE PLANNER494MM 10062BUDGET OFFICER564M 30072BUILDING INSPECTOR I (FLEX)444GEN 30073BUILDING INSPECTOR II464GEN 10018BUSINESS REGISTRATION ACCOUNTING TECHNICIAN (U)414C 10264BUSINESS REGISTRATION INSPECTOR (U)424C 10263BUSINESS REGISTRATION MANAGER (U)514M 10220BUSINESS REGISTRATION REPRESENTATIVE (U)384C 10145CHIEF ASSISTANT CITY ATTORNEY (U)669M CHIEF BUILDING OFFICIAL (CBO) AND BUILDING AND SAFETY DIVISION MANAGER (U) 575M 10501 ****ESTABLISHED 10398CHIEF DEPUTY CITY CLERK (U)537M 10381CITY ATTORNEY (U)694ELECTED 10391CITY CLERK (U)614ELECTED 10370CITY MANAGER (U)727M 10161574M CIVIL SERVICE BOARD CHIEF EXAMINER 10273CODE ENFORCEMENT DIVISION MANAGER (U)544M Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 30455CODE ENFORCEMENT OFFICER II454GEN 30460CODE ENFORCEMENT OFFICER III479GEN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR/ASSISTANT OF THE CITY MANAGER 10135454C (U) ***ESTABLISHED 30890COMMUNITY DEVELOPMENT TECHNICIAN414GEN COMMUNITY ENGAGEMENT OFFICER 30753404GEN **ESTABLISHED SALARY SCHEDULE FOR FISCAL YEAR 2015/20161 Packet Pg. 491 ADOPTED: 1/15/20 21.b EXHIBIT A-1 EFFECTIVE: 7/1/15 - 6/30/16 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 20020COMMUNITY FIRE RISK REDUCTION SUPERVISOR504MM 10100COMMUNITY INTERVENTION PROGRAM MANAGER (U)584M 30754COMMUNITY POLICING SPECIALIST454GEN 20923COMMUNITY RECREATION MANAGER504MM 30821COMMUNITY RECREATION PROGRAM COORDINATOR354GEN 20925COMMUNITY RECREATION PROGRAM SUPERVISOR454MM 20504COMMUNITY SERVICES CENTER SUPERVISOR424MM 30755COMMUNITY SERVICES OFFICER I364GEN 30757COMMUNITY SERVICES OFFICER II394GEN 30571CONSTRUCTION INSPECTOR I (FLEX)434GEN 30573CONSTRUCTION INSPECTOR II464GEN 20424CONSTRUCTION MANAGER524MM 30635COORDINATOR OF VOLUNTEERS324GEN 10072COUNCIL ADMINISTRATIVE SUPERVISOR (U)484C 30604CRIME ANALYSIS SUPPORT ASSISTANT384GEN 30603CRIME ANALYST454GEN 30602CRIMINAL INVESTIGATION OFFICER399GEN 30621CUSTODIAN344GEN 30222CUSTOMER SERVICE REPRESENTATIVE354GEN 30010DEPARTMENTAL ACCOUNTING TECHNICIAN374GEN 10651DEPUTY CITY ATTORNEY I (U)554C 10661DEPUTY CITY ATTORNEY II (U)564C 10659DEPUTY CITY ATTORNEY III (U)584C 10658DEPUTY CITY ATTORNEY IV (U)604C 10663DEPUTY CITY CLERK (U)474C 10666DEPUTY CITY TREASURER (U)454M 10732DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)594M 10803DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)621M 10397DIRECTOR OF COMMUNITY DEVELOPMENT (U)654M DIRECTOR OF FINANCE (U) 676M 10711 *******SALARY RANGE ADJUSTMENT (FORMERLY 676) 10665DIRECTOR OF HUMAN RESOURCES (U)644M 10625DIRECTOR OF INFORMATION TECHNOLOGY (U)644M 10731DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)644M DIRECTOR OF PUBLIC WORKS (U) 10753654M *****SALARY RANGE ADJUSTMENT (FORMERLY 684) ECONOMIC DEVELOPMENT ANALYST (U) 10126484C *ESTABLISHED ECONOMIC DEVELOPMENT DIVISION MANAGER (U) 10125584M *ESTABLISHED 30831ELECTRICIAN I (FLEX)414GEN 30841ELECTRICIAN II434GEN 30432ENGINEERING ASSISTANT I (FLEX)434GEN 30436ENGINEERING ASSISTANT III484GEN 20441ENGINEERING ASSOCIATE514MM 30439ENVIRONMENTAL PROJECT SPECIALIST394GEN 20024EQUIPMENT MAINTENANCE MANAGER494MM 20025EQUIPMENT MAINTENANCE SUPERVISOR464MM 30921EQUIPMENT MECHANIC I (FLEX)404GEN 30902EQUIPMENT MECHANIC II424GEN 30943EQUIPMENT SERVICE WORKER384GEN 30707EXECUTIVE ASSISTANT414GEN 10982EXECUTIVE ASSISTANT TO DIRECTOR (U)434C 10981EXECUTIVE ASSISTANT TO THE CITY ATTORNEY (U)494C 10976EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)484C 10951EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)534M 30623FACILITIES MAINTENANCE MECHANIC404GEN 20092FACILITIES MAINTENANCE SUPERVISOR484MM 10512FINANCIAL ANALYST494M 20763FIRE COMMUNICATIONS MANAGER494MM 30764FIRE DISPATCHER I (FLEX)404GEN 30765FIRE DISPATCHER II424GEN Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 2073FIRE DISPATCH SUPERVISOR464GEN 20021FIRE EQUIPMENT MAINTENANCE SUPERVISOR484MM 30060FIRE EQUIPMENT MECHANIC I (FLEX)404GEN 30061FIRE EQUIPMENT MECHANIC II434GEN 30053FIRE PREVENTION TECHNICIAN414GEN 30053FIRE PREVENTION OFFICER454GEN 30059FIRE PUBLIC EDUCATION OFFICER444GEN 20066FOOD SERVICE SUPERVISOR II444MM SALARY SCHEDULE FOR FISCAL YEAR 2015/20162 Packet Pg. 492 ADOPTED: 1/15/20 21.b EXHIBIT A-1 EFFECTIVE: 7/1/15 - 6/30/16 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 30165FORENSICS SPECIALIST I (FLEX)414GEN 30166FORENSICS SPECIALIST II444GEN 20167FORENSICS SPECIALIST III454MM 10624GIS ADMINISTRATOR564C 30516HAZMAT TECHNICIAN424GEN 30112HEAVY EQUIPMENT OPERATOR424GEN 10129HOUSING DIVISION MANAGER (U)584M 10657HUMAN RESOURCES ANALYST494C 30207HUMAN RESOURCES TECHNICIAN394GEN 30101HVAC MECHANIC444GEN HVAC SUPERVISOR 484MM 20090 ******RECLASSIFIED TO FACILITIES MAINTENANCE SUPERVISOR; DELETED 20994IEMG BROADCAST ENGINEERING COORDINATOR474MM 10627IT ANALYST I (FLEX)474C 10626IT ANALYST II504C 10631IT OPERATIONS SUPERVISOR514C 30982IW FIELD INSPECTOR434GEN 30637LANDSCAPE INSPECTOR I (FLEX)414GEN 30636LANDSCAPE INSPECTOR II434GEN 30311LEAD CUSTODIAN354GEN 30490LEAD MAINTENANCE WORKER424GEN 30593LEAD PARK CONSTRUCTION & MAINTENANCE WORKER434GEN 10319LEGAL ADMINISTRATIVE ASSISTANT (U)454C 10322LEGAL SECRETARY I (FLEX)(U)414C 10323LEGAL SECRETARY II (U)434C 30366LIBRARIAN II444GEN 30384LIBRARY ADMIN TECHNICIAN/WEBMASTER424GEN 20388LIBRARY CIRCULATION SUPERVISOR434MM 10401LIBRARY DIRECTOR (U)614M 20385LIBRARY NETWORK ADMINISTRATOR464MM 30373LIBRARY NETWORK ASSISTANT394GEN 20387LIBRARY PROGRAM COORDINATOR424MM 30392LIBRARY TECHNICIAN II384GEN 30215LITERACY PROGRAM COORDINATOR444GEN 20484MAINTENANCE SUPERVISOR484MM 30486MAINTENANCE WORKER I (FLEX)354GEN 30487MAINTENANCE WORKER II384GEN 30488MAINTENANCE WORKER III404GEN 10112MANAGER OF COMMUNICATIONS604M 10503MAYOR'S CHIEF OF STAFF (U)564M 20550NPDES COORDINATOR504MM 10109OFFICE ASSISTANT (U)334C 30581PARKING ENFORCEMENT OFFICER364GEN 10640PARKS MAINTENANCE DIVISION MANAGER (U)544M 20601PARKS MAINTENANCE SUPERVISOR501MM 30612PARKS MAINTENANCE WORKER II384GEN 10069PAYROLL MANAGER524M 10068PAYROLL TECHNICIAN414C PLANNING DIVISION MANAGER (U) 10713565M ****ESTABLISHED 30481PLUMBER434GEN 20772POLICE DISPATCH SUPERVISOR464MM 30767POLICE DISPATCHER I (FLEX)404GEN 30768POLICE DISPATCHER II424GEN 30848POLICE FLEET MAINTENANCE EXPEDITOR374GEN 30218POLICE P&T TECHNICIAN414GEN 20765POLICE RECORDS SUPERVISOR424MM 30219POLICE RECORDS TECHNICIAN I (FLEX)334GEN 30220POLICE RECORDS TECHNICIAN II354GEN 30194POLICE TRANSCRIBER344GEN 20019PRINCIPAL ACCOUNTANT534MM Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 10182PRINCIPAL CIVIL ENGINEER574M 10864PROCUREMENT/CONTRACT SUPPORT SERVICES DIVISION MANAGER (U)582M 30975PROGRAM MANAGER RSVP394GEN 30976PROGRAM MANAGER SCP404GEN 30948PROPERTY & EVIDENCE TECHNICIAN II424GEN 20166PROPERTY EVIDENCE & SUPPLY SUPERVISOR454MM 10621PUBLIC SAFETY IT MANAGER564M 10259RECORDS MANAGEMENT SPECIALIST (U)444C SALARY SCHEDULE FOR FISCAL YEAR 2015/20163 Packet Pg. 493 ADOPTED: 1/15/20 21.b EXHIBIT A-1 EFFECTIVE: 7/1/15 - 6/30/16 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 30825RECREATION THERAPIST434GEN 10505494C REGULATORY COMPLIANCE ANALYST 30568REPROGRAPHICS & MAIL TECHNICIAN374GEN 30722SB DIRECT CALL TAKER (BILINGUAL)414GEN 10221SENIOR BUSINESS REGISTRATION REPRESENTATIVE (U)394C SENIOR CIVIL ENGINEER/DIVISION MANAGER (U) 10181581MM ****ESTABLISHED 30223SENIOR CUSTOMER SERVICE REP/DISPATCHER374GEN 10222SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)384C 10653SENIOR DEPUTY CITY ATTORNEY (U)614M 10067SENIOR FINANCE SPECIALIST484C 10632SENIOR GIS ANALYST514C 10656SENIOR HUMAN RESOURCES TECHNICIAN414C 10689SENIOR HUMAN RESOURCES/RISK ANALYST524C 10622SENIOR IT ANALYST534C 10385SENIOR IT TECHNICIAN444C SENIOR MANAGEMENT ANALYST 540M 10513 ****ESTABLISHED 10527SENIOR NETWORK ADMINISTRATOR564C 30710SENIOR OFFICE ASSISTANT354GEN 10223SENIOR OFFICE ASSISTANT (U)354C 20369STREET SIGNAL/LIGHTING SUPERVISOR494MM 20336TECHNOLOGY LIBRARIAN474MM 10443TRAFFIC ENGINEER554M 20437TRAFFIC ENGINEERING ASSOCIATE514MM 20438TRAFFIC OPERATIONS & SYSTEMS ANALYST524MM 30447TRAFFIC SIGNAL TECHNICIAN I (FLEX)434GEN 30448TRAFFIC SIGNAL TECHNICIAN II454GEN 10324TREASURY ASSISTANT (U)364C 30470TREE TRIMMER ASSISTANT384GEN 30483TREE TRIMMER I394GEN 30484TREE TRIMMER II404GEN 30000WEED ABATEMENT COORDINATOR444GEN CLASS MONTHLY BARGAINING CLASSIFICATION TITLE CODESALARYUNIT 00601CITY COUNCIL$50.00ELECTED 10411CITY TREASURER (U)$2,000.00ELECTED 00502MAYOR$7,876.70ELECTED Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) SALARY SCHEDULE FOR FISCAL YEAR 2015/20164 Packet Pg. 494 ADOPTED: 1/15/20 21.b EXHIBIT A-1 EFFECTIVE: 7/1/15 - 6/30/16 Below are classifications that are unfunded and not budgeted for FY 2015/2016 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 10848ADMINISTRATION DIVISION MANAGER (U)574M 10092ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)394C 10093ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)414C 10078ADMINISTRATIVE SERVICES MANAGER514M 30271ASSISTANT BUYER414GEN 10146ASSISTANT CITY ATTORNEY (U)624M 10390ASSISTANT CITY CLERK (U)514M 10104ASSISTANT TO THE MAYOR I (U)414M 10107ASSISTANT TO THE MAYOR IV (U)564M 10116BUDGET OFFICER/ASSISTANT TO THE CITY MANAGER (U)564M 20250BUILDING INSPECTION SUPERVISOR514MM 30074BUILDING INSPECTOR III494GEN 10500BUILDING OFFICIAL594M 20271BUYER444MM 30640CEMETERY SERVICES SPECIALIST404GEN 10382CITY ATTORNEY INVESTIGATIONS SUPERVISOR (U)534C 10383CITY ATTORNEY INVESTIGATOR (U)504C 10158CIVIL ENGINEER P.E.534M 30450CODE ENFORCEMENT OFFICER I404GEN 30451CODE ENFORCEMENT PROCESSING ASSISTANT354GEN 10113COMMUNITY RELATIONS SUPERVISOR/ASSISTANT OF THE CITY MANAGER (U)504M 20781COMMUNITY SERVICES OFFICER SUPERVISOR464MM 30574CONSTRUCTION INSPECTOR III494GEN 20600CRIME FREE PROGRAM COORDINATOR474MM 20611CUSTODIAL MAINTENANCE SUPERVISOR444MM 10157DEPUTY CITY ENGINEER584M 10372DEPUTY CITY MANAGER (U)665M 10066DEPUTY DIRECTOR OF FINANCE/BUDGET MANAGER (U)604M 10802DEPUTY DIRECTOR/CITY PLANNER (U)604M 10400DEPUTY LIBRARY DIRECTOR (U)554M 30434ENGINEERING ASSISTANT II454GEN 20444ENVIRONMENTAL PROJECT MANAGER474MM 10978EXECUTIVE ASSISTANT TO MAYOR (U)484C 30513FLEET FABRICATION WELDER424GEN 20940FLEET OPERATIONS COORDINATOR464MM 30506FLEET PARTS STOREKEEPER374GEN 30944FLEET PARTS TECHNICIAN414GEN 10133GRANTS ANALYST (U)524C 10672HUMAN RESOURCES DIVISION MANAGER (U)574M 10388IT TECHNICIAN I (FLEX)414C 10389IT TECHNICIAN II434C 20602LANDSCAPE INSPECTION SUPERVISOR494MM 30932LEAD EQUIPMENT MECHANIC454GEN 30592LEAD PARKS MAINTENANCE WORKER444GEN 30897LEAD STREET SIGN WORKER404GEN 30335LIBRARIAN I (FLEX)424GEN 10412LIBRARY ADMINISTRATIVE SUPERVISOR494M 30341LIBRARY ASSISTANT344GEN 20384LIBRARY BRANCH MANAGER I454MM 20214LIBRARY BRANCH MANAGER II464MM 30255LIBRARY COMPUTER LAB COORDINATOR424GEN 10410LIBRARY IT MANAGER504M 20337LIBRARY TECHNICAL SERVICES SUPERVISOR474MM 30391LIBRARY TECHNICIAN I364GEN 10110MANAGEMENT ANALYST I/ASSISTANT OF THE CITY MANAGER (FLEX) (U)454M 30522MESSENGER314GEN 10115NEIGHBORHOOD SERVICES COORDINATOR/ASSISTANT OF THE CITY MANAGER (U)514M 10635NETWORK SPECIALIST444C 30425NPDES INSPECTOR I (FLEX)434GEN 30426NPDES INSPECTOR II464GEN Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 30711OFFICE ASSISTANT334GEN 30611PARKS MAINTENANCE WORKER I (FLEX)354GEN 30632PARKS MAINTENANCE WORKER III404GEN 10641PARKS SUPERINTENDENT (U)534M 30691PLANNING AIDE434GEN 30680PLANS EXAMINER I (FLEX)464GEN 494GEN 30682PLANS EXAMINER II 20331POLICE COMMUNICATIONS MANAGER494MM SALARY SCHEDULE FOR FISCAL YEAR 2015/20165 Packet Pg. 495 ADOPTED: 1/15/20 21.b EXHIBIT A-1 EFFECTIVE: 7/1/15 - 6/30/16 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 20780POLICE P&T MANAGER484MM 20761POLICE RECORDS MANAGER474MM 30217POLICE TRAINING COORDINATOR424GEN 10670PRINCIPAL LIBRARIAN534M 10243PRINCIPAL PLANNER564M 10446PROFESSIONAL LAND SURVEYOR PLS530M 10132PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)534M 10131PROJECT MANAGER OF HOUSING PROGRAMS (U)534M 10639PROJECT MANAGER/COMMUNITY SERVICES534M 30947PROPERTY & EVIDENCE TECHNICIAN I (FLEX)394GEN 30900PUMP MECHANIC438GEN 30770RANGEMASTER434M 10403REC/COMMUNITY SERVICES DIVISION MANAGER (U)544M 10690RISK DIVISION MANAGER (U)574C 10538SAFETY OFFICER514GEN 30721SB DIRECT CALL TAKER364M 10511SENIOR ADMINISTRATIVE ANALYST524GEN 30708SENIOR ADMINISTRATIVE ASSISTANT404M 10154SENIOR CIVIL ENGINEER554M 20446SENIOR CODE ENFORCEMENT OFFICER494MM 20213SENIOR LIBRARIAN474GEN 30393SENIOR LIBRARY TECHNICIAN424C 10636SENIOR NETWORK SPECIALIST474GEN 30582SENIOR PARKING ENFORCEMENT OFFICER384MM 20243SENIOR PLANNER524MM 20245SENIOR PLANS EXAMINER504GEN 30720SENIOR SB DIRECT CALL TAKER394GEN 30177SENIOR SURVEY TECHNICIAN444MM 20483SEWER MAINTENANCE SUPERVISOR494GEN 30494SEWER MAINTENANCE WORKER404GEN 30898STREET SIGN WORKER394MM 20116SUPERVISING ANIMAL CONTROL OFFICER454MM 20450SUPERVISING CODE ENFORCEMENT OFFICER514MM 20614SUPERVISING CUSTODIAN394MM 20422SURVEY SUPERVISOR464GEN 30175SURVEY TECHNICIAN I (FLEX)394GEN 30176SURVEY TECHNICIAN II424MM 20990TELECOMMUNICATIONS COORDINATOR454GEN 30437TIRE MAINTENANCE MECHANIC364GEN 30449TRAFFIC SIGNAL TECHNICIAN III474MM 20485TREE TRIMMER SUPERVISOR/ARBORIST494MM (U) DENOTES UNCLASSIFIED *REVISED 7/6/15 **REVISED 7/24/15 ***REVISED 11/6/15 ****REVISED 12/11/15 *****REVISED 1/16/16 ******REVISED 4/8/16 *******REVISED 4/22/16 ********REVISED 6/10/16 Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) SALARY SCHEDULE FOR FISCAL YEAR 2015/20166 Packet Pg. 496 Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Page 1 21 21.b 25832596 26092622 26352649 26622675 26892702 27162729 27432756 27702784 27982812 28262840 28542869 28832897 29122927 29412956 29712986 30003015 30303046 30613076 30923107 31233138 31543170 31853201 32173233 32503266 32823299 3315 20 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1485614930 1500515080 1515515228 1530515381 1545815535 1561315691 1577015848 1592816007 1608716168 1624916330 1641116494 1657616659 1674216826 CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) 4 12988 1305313119 1318413250 1331613383 1345013517 1358513653 1372113790 1385813928 1399714067 1413814208 1427914351 1442314495 1456714640 1471314787 1486114935 1501015081 1515615232 1530815385 1546115539 1561615695 1577315852 1593116011 1609116171 1625216333 1641516497 1658016663 3 12862 1292712991 1305613121 1318713253 1331913386 1345313520 1358813656 1372413793 1386113931 1400014070 1414114212 1428314354 1442614498 1457014643 1471614790 1486414934 1500915084 1515915235 1531115388 1546515542 1562015698 1577715855 1593516014 1609416175 1625616337 1641916501 2 12736 1280012864 1292812993 1305813123 1318913255 1332113388 1345413522 1358913657 1372613794 1386313933 1400214072 1414314213 1428414356 1442814500 1457214645 1471814789 1486314938 1501215087 1516315239 1531515391 1546815546 1562315702 1578015859 1593816018 1609816179 1625916341 1 12610 1267312737 1280012864 1292912993 1305813123 1318913255 1332113388 1345513522 1359013658 1372613795 1386413933 1400314073 1414314214 1428514356 1442814500 1457314646 1471914793 1486714941 1501615091 1516615242 1531815395 1547215549 1562715705 1578415863 1594216022 1610216182 671672673674675676677678679680681682683684685686687688689690691692693694695696697698699700701702703704705706707708709710711712713714715716717718719720721 Range Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Page 9 21 21.b 197651986419964200632016420265 20 1957419672 1977019869 1996820068 EXHIBIT A-1 Packet Pg. 505 19 1938419481 1957819676 1977419873 18 1919619292 1938819485 1958219680 17 1900919104 1920019296 1939219489 16 1882518919 1901419109 1920419300 15 1864218735 1882918923 1901819113 14 1846118554 1864618740 1883318927 13 1828218373 1846518558 1865018744 12 1810518195 1828618378 1846918562 11 1792918019 1810918199 1829018382 10 1775517844 1793318023 1811318203 9 1758317671 1775917848 1793718027 8 1741217499 1758717675 1776317852 7 1724317329 1741617503 1759017678 6 1707617161 1724717333 1742017507 5 1691016995 1708017165 1725117337 CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) 4 1674616830 1691416998 1708317169 3 1658316666 1675016833 1691817002 2 1642216505 1658716670 1675316837 1 1626316344 1642616508 1659116674 722723724725726727 Range ADOPTED: 1/15/20 21.b EXHIBIT A-2 EFFECTIVE: 7/1/17 - 6/30/18 City of San Bernardino Salary Schedule Fiscal Year (FY) 2017-2018 CODEBARGAINING UNIT GENGENERAL MMMIDDLE MANAGEMENT CCONFIDENTIAL MMANAGEMENT ELECTEDELECTED OFFICIALS MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 30011ACCOUNTANT I (FLEX)452GEN 30012ACCOUNTANT II472GEN 20013ACCOUNTANT III492MM 30023ACCOUNTING ASSISTANT402GEN 10860ACCOUNTING DIVISION MANAGER (U)600M 30019ACCOUNTING TECHNICIAN422GEN 10508ADMINISTRATIVE ANALYST I (FLEX)462M 10506ADMINISTRATIVE ANALYST I/ASSISTANT OF ELECTIVE OFFICER (FLEX) (U)462M 10510ADMINISTRATIVE ANALYST II492M 10507ADMINISTRATIVE ANALYST II/ASSISTANT OF ELECTIVE OFFICER (U)492M 30709ADMINISTRATIVE ASSISTANT392GEN 10081ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)442C 10094ADMINISTRATIVE ASSISTANT TO CITY MANAGER (U)422C 10534ADMINISTRATIVE CLAIMS SPECIALIST412C 10709ADMINISTRATIVE SERVICES OFFICER (U)608M 20457ADMINISTRATIVE SERVICES SUPERVISOR462MM 20332ANIMAL CONTROL MANAGER502MM 30111ANIMAL CONTROL OFFICER402GEN 30119ANIMAL SHELTER ATTENDANT362GEN 20338ANIMAL SHELTER KENNEL SUPERVISOR422MM 20335ANIMAL SHELTER OFFICE SUPERVISOR422MM 10619APPLICATIONS DEVELOPMENT MANAGER582M 30894ASSESSMENT DISTRICT/REAL PROPERTY SPECIALIST452GEN 10448ASSESSMENT DISTRICT/REAL PROPERTY MANAGER512M 10644ASSISTANT CITY MANAGER (U)697M 30168ASSISTANT PLANNER (FLEX)472GEN 10216ASSISTANT TO THE CITY MANAGER (U)572M 10105ASSISTANT TO THE MAYOR II (U)472M 10106ASSISTANT TO THE MAYOR III (U)522M 20169ASSOCIATE PLANNER502MM 10062BUDGET OFFICER572M 30072BUILDING INSPECTOR I (FLEX)452GEN 30073BUILDING INSPECTOR II472GEN BUSINESS REGISTRATION ACCOUNTING TECHNICIAN (U) 10018422C ******DELETED BUSINESS REGISTRATION INSPECTOR 30502432GEN ******ESTABLISHED BUSINESS REGISTRATION INSPECTOR (U) 10264432C ******DELETED BUSINESS REGISTRATION MANAGER 20263522MM Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) ******ESTABLISHED BUSINESS REGISTRATION MANAGER (U) 10263522M ******DELETED BUSINESS REGISTRATION REPRESENTATIVE 30599392GEN *******ESTABLISHED BUSINESS REGISTRATION REPRESENTATIVE (U) 10220392C *******DELETED SALARY SCHEDULE FOR FISCAL YEAR 2017/2018Page 1 Packet Pg. 506 ADOPTED: 1/15/20 21.b EXHIBIT A-2 EFFECTIVE: 7/1/17 - 6/30/18 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE CEMETERY CARETAKER 30292368GEN ****ESTABLISHED 10145CHIEF ASSISTANT CITY ATTORNEY (U)677M 10501CHIEF BUILDING OFFICIAL (CBO) AND BUILDING AND SAFETY DIVISION MANAGER (U)583M 10398CHIEF DEPUTY CITY CLERK (U)545M 10381CITY ATTORNEY (U)702ELECTED 10391CITY CLERK (U)622ELECTED 10370CITY MANAGER (U)735M 10273CODE ENFORCEMENT DIVISION MANAGER (U)552M 30455CODE ENFORCEMENT OFFICER II462GEN 30460CODE ENFORCEMENT OFFICER III487GEN 10135COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR462C 30132COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ASSISTANT382GEN 30890COMMUNITY DEVELOPMENT TECHNICIAN422GEN 30752COMMUNITY ENGAGEMENT SPECIALIST412GEN 10100COMMUNITY INTERVENTION PROGRAM MANAGER (U)592M 30754COMMUNITY POLICING SPECIALIST462GEN 20923COMMUNITY RECREATION MANAGER512MM 30821COMMUNITY RECREATION PROGRAM COORDINATOR362GEN 20925COMMUNITY RECREATION PROGRAM SUPERVISOR462MM 20504COMMUNITY SERVICES CENTER SUPERVISOR432MM 30755COMMUNITY SERVICES OFFICER I372GEN 30757COMMUNITY SERVICES OFFICER II402GEN 30571CONSTRUCTION INSPECTOR I (FLEX)442GEN 30573CONSTRUCTION INSPECTOR II472GEN 20424CONSTRUCTION MANAGER532MM 30635COORDINATOR OF VOLUNTEERS (GRANT FUNDED)332GEN 10072COUNCIL ADMINISTRATIVE SUPERVISOR (U)492C 30604CRIME ANALYSIS SUPPORT ASSISTANT392GEN 30603CRIME ANALYST462GEN 30602CRIMINAL INVESTIGATION OFFICER407GEN 30621CUSTODIAN352GEN 30222CUSTOMER SERVICE REPRESENTATIVE362GEN 30010DEPARTMENTAL ACCOUNTING TECHNICIAN382GEN 10651DEPUTY CITY ATTORNEY I (U)562C 10661DEPUTY CITY ATTORNEY II (U)572C 10659DEPUTY CITY ATTORNEY III (U)592C 10658DEPUTY CITY ATTORNEY IV (U)612C 10663DEPUTY CITY CLERK (U)482C 10666DEPUTY CITY TREASURER (U)462M 10732DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)602M 10803DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)629M 10397DIRECTOR OF COMMUNITY DEVELOPMENT (U)662M DIRECTOR OF ECONOMIC & HOUSING DEVELOPMENT (U) 10128659M *ESTABLISHED 10711DIRECTOR OF FINANCE (U)684M 10665DIRECTOR OF HUMAN RESOURCES (U)652M 10625DIRECTOR OF INFORMATION TECHNOLOGY (U)652M 10731DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)652M 10753DIRECTOR OF PUBLIC WORKS (U)662M 10126ECONOMIC DEVELOPMENT ANALYST (U)492C 10125ECONOMIC DEVELOPMENT DIVISION MANAGER (U)592M 30831ELECTRICIAN I (FLEX)422GEN 30841ELECTRICIAN II442GEN EMERGENCY OPERATIONS MANAGER 10367557M Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) **ESTABLISHED 30432ENGINEERING ASSISTANT I (FLEX)442GEN 30436ENGINEERING ASSISTANT III492GEN 20441ENGINEERING ASSOCIATE522MM 30439ENVIRONMENTAL PROJECT SPECIALIST402GEN 20024EQUIPMENT MAINTENANCE MANAGER502MM 20025EQUIPMENT MAINTENANCE SUPERVISOR472MM SALARY SCHEDULE FOR FISCAL YEAR 2017/2018Page 2 Packet Pg. 507 ADOPTED: 1/15/20 21.b EXHIBIT A-2 EFFECTIVE: 7/1/17 - 6/30/18 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 30921EQUIPMENT MECHANIC I (FLEX)412GEN 30902EQUIPMENT MECHANIC II432GEN 30943EQUIPMENT SERVICE WORKER392GEN 30707EXECUTIVE ASSISTANT422GEN 10982EXECUTIVE ASSISTANT TO DIRECTOR (U)442C 10981EXECUTIVE ASSISTANT TO THE CITY ATTORNEY (U)502C 10976EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)492C 10951EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)542M FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 10939583M ***ESTABLISHED 30623FACILITIES MAINTENANCE MECHANIC412GEN 20092FACILITIES MAINTENANCE SUPERVISOR492MM 10512FINANCIAL ANALYST502M FLEET SERVICES DIVISION MANAGER (U) 10940552M ***DELETED 20066FOOD SERVICE SUPERVISOR II452MM 30165FORENSICS SPECIALIST I (FLEX)422GEN 30166FORENSICS SPECIALIST II452GEN 20167FORENSICS SPECIALIST III462MM 10624GIS ADMINISTRATOR572C 30516HAZMAT TECHNICIAN432GEN 30112HEAVY EQUIPMENT OPERATOR432GEN 10129HOUSING DIVISION MANAGER (U)592M 10657HUMAN RESOURCES ANALYST502C 30207HUMAN RESOURCES TECHNICIAN402GEN 30101HVAC MECHANIC452GEN 20994IEMG BROADCAST ENGINEERING COORDINATOR482MM 10627IT ANALYST I (FLEX)482C 10626IT ANALYST II512C 10631IT OPERATIONS SUPERVISOR522C 30982IW FIELD INSPECTOR442GEN 30637LANDSCAPE INSPECTOR I (FLEX)422GEN 30636LANDSCAPE INSPECTOR II442GEN 30311LEAD CUSTODIAN362GEN 30490LEAD MAINTENANCE WORKER432GEN 30593LEAD PARK CONSTRUCTION & MAINTENANCE WORKER442GEN 10319LEGAL ADMINISTRATIVE ASSISTANT (U)462C 10322LEGAL SECRETARY I (FLEX)(U)422C 10323LEGAL SECRETARY II (U)442C 30366LIBRARIAN II452GEN 30384LIBRARY ADMIN TECHNICIAN/WEBMASTER432GEN 20388LIBRARY CIRCULATION SUPERVISOR442MM 10401LIBRARY DIRECTOR (U)622M 20385LIBRARY NETWORK ADMINISTRATOR472MM 30373LIBRARY NETWORK ASSISTANT402GEN 20387LIBRARY PROGRAM COORDINATOR432MM 30392LIBRARY TECHNICIAN II392GEN 30215LITERACY PROGRAM COORDINATOR452GEN 20484MAINTENANCE SUPERVISOR492MM 30486MAINTENANCE WORKER I (FLEX)362GEN 30487MAINTENANCE WORKER II392GEN 30488MAINTENANCE WORKER III412GEN 10112MANAGER OF COMMUNICATIONS612M 10503MAYOR'S CHIEF OF STAFF (U)572M 20550NPDES COORDINATOR512MM Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 10109OFFICE ASSISTANT (U)342C OPERATIONS & MAINTENANCE DIVISION MANAGER (U) 10868583M ***SALARY RANGE ADJUSTMENT (FORMERLY 552) 30581PARKING ENFORCEMENT OFFICER372GEN 10640PARKS MAINTENANCE DIVISION MANAGER (U)552M 20601PARKS MAINTENANCE SUPERVISOR509MM 30612PARKS MAINTENANCE WORKER II392GEN SALARY SCHEDULE FOR FISCAL YEAR 2017/2018Page 3 Packet Pg. 508 ADOPTED: 1/15/20 21.b EXHIBIT A-2 EFFECTIVE: 7/1/17 - 6/30/18 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 10069PAYROLL MANAGER532M 10068PAYROLL TECHNICIAN422C 10713PLANNING DIVISION MANAGER (U)573M 30481PLUMBER442GEN 20772POLICE DISPATCH SUPERVISOR472MM 30767POLICE DISPATCHER I (FLEX)412GEN 30768POLICE DISPATCHER II432GEN 30848POLICE FLEET MAINTENANCE EXPEDITOR382GEN 30218POLICE P&T TECHNICIAN422GEN 20765POLICE RECORDS SUPERVISOR432MM 30219POLICE RECORDS TECHNICIAN I (FLEX)342GEN 30220POLICE RECORDS TECHNICIAN II362GEN 30194POLICE TRANSCRIBER352GEN POOL MAINTENANCE COORDINATOR 30585408GEN *****ESTABLISHED 20019PRINCIPAL ACCOUNTANT542MM 10182PRINCIPAL CIVIL ENGINEER582M 10864PROCUREMENT/CONTRACT SUPPORT SERVICES DIVISION MANAGER (U)590M 30975PROGRAM MANAGER RSVP402GEN 30976PROGRAM MANAGER SCP412GEN 30948PROPERTY & EVIDENCE TECHNICIAN II432GEN 20166PROPERTY EVIDENCE & SUPPLY SUPERVISOR462MM 10621PUBLIC SAFETY IT MANAGER572M PUBLIC WORKS SAFETY & TRAINING OFFICER 10868502M ***ESTABLISHED 10259RECORDS MANAGEMENT SPECIALIST (U)452C 30825RECREATION THERAPIST442GEN REGULATORY COMPLIANCE ANALYST 10505502M ***DELETED 30568REPROGRAPHICS & MAIL TECHNICIAN382GEN 30722SB DIRECT CALL TAKER (BILINGUAL)422GEN SENIOR BUSINESS REGISTRATION REPRESENTATIVE 30600402GEN *******ESTABLISHED SENIOR BUSINESS REGISTRATION REPRESENTATIVE (U) 10221402C *******DELETED 10181SENIOR CIVIL ENGINEER/DIVISION MANAGER (U)589MM 30223SENIOR CUSTOMER SERVICE REP/DISPATCHER382GEN 10222SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)392C 10653SENIOR DEPUTY CITY ATTORNEY (U)622M 10067SENIOR FINANCE SPECIALIST492C 10632SENIOR GIS ANALYST522C 10656SENIOR HUMAN RESOURCES TECHNICIAN422C 10689SENIOR HUMAN RESOURCES/RISK ANALYST532C 10622SENIOR IT ANALYST542C 10385SENIOR IT TECHNICIAN452C 10513SENIOR MANAGEMENT ANALYST548M 10527SENIOR NETWORK ADMINISTRATOR572C 30710SENIOR OFFICE ASSISTANT362GEN 10223SENIOR OFFICE ASSISTANT (U)362C 20369STREET SIGNAL/LIGHTING SUPERVISOR502MM 20336TECHNOLOGY LIBRARIAN482MM 10443TRAFFIC ENGINEER562M 20437TRAFFIC ENGINEERING ASSOCIATE522MM 20438TRAFFIC OPERATIONS & SYSTEMS ANALYST532MM 30447TRAFFIC SIGNAL TECHNICIAN I (FLEX)442GEN Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 30448TRAFFIC SIGNAL TECHNICIAN II462GEN TREASURY ASSISTANT 30763372GEN ******ESTABLISHED TREASURY ASSISTANT (U) 10324372C ******DELETED TREASURY SUPERVISOR 20666462MM ******ESTABLISHED 30470TREE TRIMMER ASSISTANT392GEN SALARY SCHEDULE FOR FISCAL YEAR 2017/2018Page 4 Packet Pg. 509 ADOPTED: 1/15/20 21.b EXHIBIT A-2 EFFECTIVE: 7/1/17 - 6/30/18 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 30483TREE TRIMMER I402GEN 30484TREE TRIMMER II412GEN 30000WEED ABATEMENT COORDINATOR452GEN CLASS MONTHLY BARGAINING CLASSIFICATION TITLE CODESALARYUNIT 00601CITY COUNCIL$50.00ELECTED 10411CITY TREASURER (U)$2,000.00ELECTED 00502MAYOR$7,983.83ELECTED Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) SALARY SCHEDULE FOR FISCAL YEAR 2017/2018Page 5 Packet Pg. 510 ADOPTED: 1/15/20 21.b EXHIBIT A-2 EFFECTIVE: 7/1/17 - 6/30/18 Below are classifications that are unfunded and not budgeted for FY 2017/2018 MONTHLY CLASS SALARY CLASSIFICATION TITLE SALARY CODERANGE RANGE 10848ADMINISTRATION DIVISION MANAGER (U)582M 10092ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)402C 10093ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)422C 10078ADMINISTRATIVE SERVICES MANAGER522M 30271ASSISTANT BUYER422GEN 10146ASSISTANT CITY ATTORNEY (U)632M 10390ASSISTANT CITY CLERK (U)522M 10104ASSISTANT TO THE MAYOR I (U)422M 10107ASSISTANT TO THE MAYOR IV (U)572M 20250BUILDING INSPECTION SUPERVISOR522MM 30074BUILDING INSPECTOR III502GEN 10500BUILDING OFFICIAL602M 10018BUSINESS REGISTRATION ACCOUNTING TECHNICIAN (U)422C 20271BUYER452MM 30640CEMETERY SERVICES SPECIALIST412GEN 10382CITY ATTORNEY INVESTIGATIONS SUPERVISOR (U)542C 10383CITY ATTORNEY INVESTIGATOR (U)512C 10158CIVIL ENGINEER P.E.542M 30450CODE ENFORCEMENT OFFICER I412GEN 30451CODE ENFORCEMENT PROCESSING ASSISTANT362GEN 10113COMMUNITY RELATIONS SUPERVISOR/ASSISTANT OF THE CITY MANAGER (U)512M 20781COMMUNITY SERVICES OFFICER SUPERVISOR472MM 30574CONSTRUCTION INSPECTOR III502GEN 20600CRIME FREE PROGRAM COORDINATOR482MM 20611CUSTODIAL MAINTENANCE SUPERVISOR452MM 10157DEPUTY CITY ENGINEER592M 10372DEPUTY CITY MANAGER (U)673M 10066DEPUTY DIRECTOR OF FINANCE/BUDGET MANAGER (U)612M 10802DEPUTY DIRECTOR/CITY PLANNER (U)612M 10400DEPUTY LIBRARY DIRECTOR (U)562M 30434ENGINEERING ASSISTANT II462GEN 20444ENVIRONMENTAL PROJECT MANAGER482MM 10978EXECUTIVE ASSISTANT TO MAYOR (U)492C 30513FLEET FABRICATION WELDER432GEN 20940FLEET OPERATIONS COORDINATOR472MM 30506FLEET PARTS STOREKEEPER382GEN 30944FLEET PARTS TECHNICIAN422GEN 10133GRANTS ANALYST (U)532C 10672HUMAN RESOURCES DIVISION MANAGER (U)582M 10388IT TECHNICIAN I (FLEX)422C 10389IT TECHNICIAN II442C 20602LANDSCAPE INSPECTION SUPERVISOR502MM 30932LEAD EQUIPMENT MECHANIC462GEN 30592LEAD PARKS MAINTENANCE WORKER452GEN 30897LEAD STREET SIGN WORKER412GEN 30335LIBRARIAN I (FLEX)432GEN 10412LIBRARY ADMINISTRATIVE SUPERVISOR502M 30341LIBRARY ASSISTANT352GEN 20384LIBRARY BRANCH MANAGER I462MM 20214LIBRARY BRANCH MANAGER II472MM 30255LIBRARY COMPUTER LAB COORDINATOR432GEN 10410LIBRARY IT MANAGER512M 20337LIBRARY TECHNICAL SERVICES SUPERVISOR482MM 30391LIBRARY TECHNICIAN I372GEN Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 10110MANAGEMENT ANALYST I/ASSISTANT OF THE CITY MANAGER (FLEX) (U)462M 30522MESSENGER322GEN 10115NEIGHBORHOOD SERVICES COORDINATOR/ASSISTANT OF THE CITY MANAGER (U)522M 10635NETWORK SPECIALIST452C 30425NPDES INSPECTOR I (FLEX)442GEN SALARY SCHEDULE FOR FISCAL YEAR 2017/2018Page 6 Packet Pg. 511 ADOPTED: 1/15/20 21.b EXHIBIT A-2 EFFECTIVE: 7/1/17 - 6/30/18 MONTHLY CLASS SALARY CLASSIFICATION TITLE SALARY CODERANGE RANGE 30426NPDES INSPECTOR II472GEN 30711OFFICE ASSISTANT342GEN 30611PARKS MAINTENANCE WORKER I (FLEX)362GEN 30632PARKS MAINTENANCE WORKER III412GEN 10641PARKS SUPERINTENDENT (U)542M 30691PLANNING AIDE442GEN 30680PLANS EXAMINER I (FLEX)472GEN 30682PLANS EXAMINER II502GEN 20331POLICE COMMUNICATIONS MANAGER502MM 20780POLICE P&T MANAGER492MM 20761POLICE RECORDS MANAGER482MM 30217POLICE TRAINING COORDINATOR432GEN 10670PRINCIPAL LIBRARIAN542M 10243PRINCIPAL PLANNER572M 10446PROFESSIONAL LAND SURVEYOR PLS538M 10132PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)542M 10131PROJECT MANAGER OF HOUSING PROGRAMS (U)542M 10639PROJECT MANAGER/COMMUNITY SERVICES542M 30947PROPERTY & EVIDENCE TECHNICIAN I (FLEX)402GEN 30900PUMP MECHANIC446GEN 30770RANGEMASTER442M 10403REC/COMMUNITY SERVICES DIVISION MANAGER (U)552M 10690RISK DIVISION MANAGER (U)582C 10538SAFETY OFFICER522GEN 30721SB DIRECT CALL TAKER372M 10511SENIOR ADMINISTRATIVE ANALYST532GEN 30708SENIOR ADMINISTRATIVE ASSISTANT412M 10154SENIOR CIVIL ENGINEER562M 20446SENIOR CODE ENFORCEMENT OFFICER502MM 20213SENIOR LIBRARIAN482GEN 30393SENIOR LIBRARY TECHNICIAN432C 10636SENIOR NETWORK SPECIALIST482GEN 30582SENIOR PARKING ENFORCEMENT OFFICER392MM 20243SENIOR PLANNER532MM 20245SENIOR PLANS EXAMINER512GEN 30720SENIOR SB DIRECT CALL TAKER402GEN 30177SENIOR SURVEY TECHNICIAN452MM 20483SEWER MAINTENANCE SUPERVISOR502GEN 30494SEWER MAINTENANCE WORKER412GEN 30898STREET SIGN WORKER402MM 20116SUPERVISING ANIMAL CONTROL OFFICER462MM 20450SUPERVISING CODE ENFORCEMENT OFFICER522MM 20614SUPERVISING CUSTODIAN402MM 20422SURVEY SUPERVISOR472GEN 30175SURVEY TECHNICIAN I (FLEX)402GEN 30176SURVEY TECHNICIAN II432MM 20990TELECOMMUNICATIONS COORDINATOR462GEN 30437TIRE MAINTENANCE MECHANIC372GEN 30449TRAFFIC SIGNAL TECHNICIAN III482MM 20485TREE 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1754717635 1772317812 1790117990 1808018171 1826218353 1844518537 1863018723 1881618911 1900519100 1919619292 1938819485 1958219680 1977919878 17 15344 1542115498 1557515653 1573115810 1588915969 1604816129 1620916290 1637216454 1653616619 1670216785 1686916953 1703817119 1720517291 1737717464 1755117639 1772717816 1790517994 1808418175 1826618357 1844918541 1863418727 1882118915 1900919104 1920019296 1939219489 1958719685 16 15192 1526815344 1542115498 1557615653 1573215810 1588915969 1604916129 1621016291 1637216454 1653616619 1670216786 1687016953 1703817123 1720817295 1738117468 1755517643 1773117820 1790917998 1808918179 1827018361 1845318545 1863818731 1882518919 1901419109 1920419300 1939719494 15 15047 1512315198 1527415351 1542715504 1558215660 1573815817 1589615975 1605516136 1621616297 1637916461 1654316626 1670916788 1687216957 1704117127 1721217298 1738517472 1755917647 1773517824 1791318003 1809318183 1827418365 1845718549 1864218735 1882918923 1901819113 1920819304 14 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1412714198 1426914340 1441214484 1455614629 1470214776 1485014924 1499915074 1514915225 1530115377 1545415528 1560615684 1576215841 1592116000 1608016161 1624116323 1640416486 1656916651 1673516818 1690216987 1707217157 1724317329 1741617503 1759017678 1776717856 6 13780 1384813918 1398714057 1412814198 1426914341 1441214484 1455714629 1470314776 1485014924 1499915074 1514915225 1530115378 1545515532 1561015688 1576615845 1592416004 1608416164 1624516326 1640816490 1657216655 1673816822 1690616991 1707617161 1724717333 1742017507 1759417682 5 13648 1371713785 1385413923 1399314063 1413314204 1427514346 1441814490 1456314635 1470914782 1485614930 1500515080 1515515228 1530515381 1545815535 1561315691 1577015848 1592816007 1608716168 1624916330 1641116494 1657616659 1674216826 1691016995 1708017165 1725117337 1742417511 CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) 4 13517 1358513653 1372113790 1385813928 1399714067 1413814208 1427914351 1442314495 1456714640 1471314787 1486114935 1501015081 1515615232 1530815385 1546115539 1561615695 1577315852 1593116011 1609116171 1625216333 1641516497 1658016663 1674616830 1691416998 1708317169 1725517341 3 13386 1345313520 1358813656 1372413793 1386113931 1400014070 1414114212 1428314354 1442614498 1457014643 1471614790 1486414934 1500915084 1515915235 1531115388 1546515542 1562015698 1577715855 1593516014 1609416175 1625616337 1641916501 1658316666 1675016833 1691817002 1708717173 2 13255 1332113388 1345413522 1358913657 1372613794 1386313933 1400214072 1414314213 1428414356 1442814500 1457214645 1471814789 1486314938 1501215087 1516315239 1531515391 1546815546 1562315702 1578015859 1593816018 1609816179 1625916341 1642216505 1658716670 1675316837 1692117006 1 13123 1318913255 1332113388 1345513522 1359013658 1372613795 1386413933 1400314073 1414314214 1428514356 1442814500 1457314646 1471914793 1486714941 1501615091 1516615242 1531815395 1547215549 1562715705 1578415863 1594216022 1610216182 1626316344 1642616508 1659116674 1675716841 679680681682683684685686687688689690691692693694695696697698699700701702703704705706707708709710711712713714715716717718719720721722723724725726727728729 Range Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Page 9 21 21.b 205702067320776208802098521090 20 2037020472 2057520678 2078120885 EXHIBIT A-2 Packet Pg. 521 19 2017320274 2037520477 2057920682 18 1997720077 2017720278 2038020481 17 1978319882 1998120081 2018220283 16 1959119689 1978819886 1998620086 15 1940119498 1959619693 1979219891 14 1921319309 1940519502 1960019698 13 1902619121 1921719313 1941019507 12 1884218936 1903119126 1922119317 11 1865918752 1884618940 1903519130 10 1847818570 1866318756 1885018944 9 1829818390 1848218574 1866718760 8 1812118211 1830218394 1848618578 7 1794518035 1812518215 1830718398 6 1777117860 1794918039 1812918220 5 1759817686 1777517864 1795318043 CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) 4 1742817515 1760217690 1777917868 3 1725817345 1743117519 1760617694 2 1709117176 1726217349 1743517523 1 1692517010 1709517180 1726617352 730731732733734735 Range 21.b ADOPTED: 1/15/20 EXHIBIT A-3 EFFECTIVE: 7/1/18 - 6/30/19 City of San Bernardino Salary Schedule Fiscal Year (FY) 2018-2019 CODEBARGAINING UNIT GENGENERAL MMMIDDLE MANAGEMENT CCONFIDENTIAL MMANAGEMENT ELECTEDELECTED OFFICIALS MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 30011ACCOUNTANT I (FLEX)456GEN 30012ACCOUNTANT II476GEN 20013ACCOUNTANT III496MM 30023ACCOUNTING ASSISTANT406GEN 10860ACCOUNTING DIVISION MANAGER (U)604M 30019ACCOUNTING TECHNICIAN426GEN 10508ADMINISTRATIVE ANALYST I (FLEX)466M 10506ADMINISTRATIVE ANALYST I/ASSISTANT OF ELECTIVE OFFICER (FLEX) (U)466M 10510ADMINISTRATIVE ANALYST II496M 10507ADMINISTRATIVE ANALYST II/ASSISTANT OF ELECTIVE OFFICER (U)496M 30709ADMINISTRATIVE ASSISTANT396GEN 10081ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)446C 10094ADMINISTRATIVE ASSISTANT TO CITY MANAGER (U)426C 10534ADMINISTRATIVE CLAIMS SPECIALIST416C 10709ADMINISTRATIVE SERVICES OFFICER (U)616M 20457ADMINISTRATIVE SERVICES SUPERVISOR466MM 20332ANIMAL CONTROL MANAGER506MM 30111ANIMAL CONTROL OFFICER406GEN 30119ANIMAL SHELTER ATTENDANT366GEN 20338ANIMAL SHELTER KENNEL SUPERVISOR426MM 20335ANIMAL SHELTER OFFICE SUPERVISOR426MM 10619APPLICATIONS DEVELOPMENT MANAGER586M ARBORIST 30400448GEN ***ESTABLISHED ASSESSMENT DISTRICT/REAL PROPERTY MANAGER 10448516M ***DELETED 30894ASSESSMENT DISTRICT/REAL PROPERTY SPECIALIST456GEN 30271ASSISTANT BUYER426GEN 10644ASSISTANT CITY MANAGER (U)701M 30168ASSISTANT PLANNER (FLEX)476GEN 10216ASSISTANT TO THE CITY MANAGER (U)576M 10105ASSISTANT TO THE MAYOR II (U)476M 20169ASSOCIATE PLANNER506MM 10062BUDGET OFFICER576M 30072BUILDING INSPECTOR I (FLEX)456GEN 30073BUILDING INSPECTOR II476GEN 30502BUSINESS REGISTRATION INSPECTOR436GEN Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 30599BUSINESS REGISTRATION REPRESENTATIVE396GEN 20263BUSINESS REGISTRATION MANAGER526MM 30292CEMETERY CARETAKER372GEN 10145CHIEF ASSISTANT CITY ATTORNEY (U)681M 10501CHIEF BUILDING OFFICIAL (CBO) AND BUILDING AND SAFETY DIVISION MANAGER (U)587M 10398CHIEF DEPUTY CITY CLERK (U)549M SALARY SCHEDULE FOR FISCAL YEAR 2018/20191 Packet Pg. 522 21.b ADOPTED: 1/15/20 EXHIBIT A-3 EFFECTIVE: 7/1/18 - 6/30/19 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 10381CITY ATTORNEY (U)706ELECTED 10391CITY CLERK (U)626ELECTED 10370CITY MANAGER (U)739M 10273CODE ENFORCEMENT DIVISION MANAGER (U)556M 30455CODE ENFORCEMENT OFFICER II466GEN 30460CODE ENFORCEMENT OFFICER III491GEN 10135COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR466C 30132COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ASSISTANT386GEN 30890COMMUNITY DEVELOPMENT TECHNICIAN426GEN 30752COMMUNITY ENGAGEMENT SPECIALIST416GEN 10100COMMUNITY INTERVENTION PROGRAM MANAGER (U)596M 30754COMMUNITY POLICING SPECIALIST466GEN 20923COMMUNITY RECREATION MANAGER516MM 30821COMMUNITY RECREATION PROGRAM COORDINATOR366GEN 20925COMMUNITY RECREATION PROGRAM SUPERVISOR466MM 20504COMMUNITY SERVICES CENTER SUPERVISOR436MM 30755COMMUNITY SERVICES OFFICER I376GEN 30757COMMUNITY SERVICES OFFICER II406GEN 30571CONSTRUCTION INSPECTOR I (FLEX)446GEN 30573CONSTRUCTION INSPECTOR II476GEN 20424CONSTRUCTION MANAGER536MM 30635COORDINATOR OF VOLUNTEERS (GRANT FUNDED)336GEN 10072COUNCIL ADMINISTRATIVE SUPERVISOR (U)496C 30604CRIME ANALYSIS SUPPORT ASSISTANT396GEN 30603CRIME ANALYST466GEN 30602CRIMINAL INVESTIGATION OFFICER411GEN 30621CUSTODIAN356GEN 30222CUSTOMER SERVICE REPRESENTATIVE366GEN DATA ANALYST 30100440GEN ***ESTABLISHED 30010DEPARTMENTAL ACCOUNTING TECHNICIAN386GEN 10651DEPUTY CITY ATTORNEY I (U)566C 10661DEPUTY CITY ATTORNEY II (U)576C 10659DEPUTY CITY ATTORNEY III (U)596C 10658DEPUTY CITY ATTORNEY IV (U)616C 10663DEPUTY CITY CLERK (U)486C DEPUTY DIRECTOR OF FINANCE (U) 616M 10066 ****AMENDED (FORMERLY DEPUTY DIRECTOR OF FINANCE/BUGDET MANAGER) 10732DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)606M 10803DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)633M DIRECTOR OF COMMUNITY DEVELOPMENT (U) 10397666M **DELETED DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT (U) 10520688M **ESTABLISHED DIRECTOR OF ECONOMIC & HOUSING DEVELOPMENT (U) 10128659M **DELETED 10711DIRECTOR OF FINANCE (U)688M 10665DIRECTOR OF HUMAN RESOURCES (U)656M 10625DIRECTOR OF INFORMATION TECHNOLOGY (U)656M 10731DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)656M DIRECTOR OF PUBLIC WORKS (U) 10753688M ***SALARY RANGE ADJUSTMENT (FORMERLY 666) Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 30831ELECTRICIAN I (FLEX)426GEN 30841ELECTRICIAN II446GEN 30432ENGINEERING ASSISTANT I (FLEX)446GEN 30436ENGINEERING ASSISTANT III496GEN 20441ENGINEERING ASSOCIATE526MM 30439ENVIRONMENTAL PROJECT SPECIALIST406GEN SALARY SCHEDULE FOR FISCAL YEAR 2018/20192 Packet Pg. 523 21.b ADOPTED: 1/15/20 EXHIBIT A-3 EFFECTIVE: 7/1/18 - 6/30/19 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 20024EQUIPMENT MAINTENANCE MANAGER506MM 20025EQUIPMENT MAINTENANCE SUPERVISOR476MM 30921EQUIPMENT MECHANIC I (FLEX)416GEN 30902EQUIPMENT MECHANIC II436GEN 30943EQUIPMENT SERVICE WORKER396GEN 30707EXECUTIVE ASSISTANT426GEN 10982EXECUTIVE ASSISTANT TO DIRECTOR (U)446C 10978EXECUTIVE ASSISTANT TO MAYOR (U)496C 10981EXECUTIVE ASSISTANT TO THE CITY ATTORNEY (U)506C 10976EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)496C 10951EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)546M 10939FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)587M 30623FACILITIES MAINTENANCE MECHANIC416GEN 20092FACILITIES MAINTENANCE SUPERVISOR496MM 10512FINANCIAL ANALYST506M 20066FOOD SERVICE SUPERVISOR II456MM 30165FORENSICS SPECIALIST I (FLEX)426GEN 30166FORENSICS SPECIALIST II456GEN 20167FORENSICS SPECIALIST III466MM FORESTRY SUPERVISOR 538MM 20490 ***ESTABLISHED 10624GIS ADMINISTRATOR576C GROUNDSWORKER ARBORIST 30098388GEN ***ESTABLISHED 30516HAZMAT TECHNICIAN436GEN 30112HEAVY EQUIPMENT OPERATOR436GEN 10129HOUSING DIVISION MANAGER (U)596M 10657HUMAN RESOURCES ANALYST506C 30207HUMAN RESOURCES TECHNICIAN406GEN 30101HVAC MECHANIC456GEN 20994IEMG BROADCAST ENGINEERING COORDINATOR486MM 10627IT ANALYST I (FLEX)486C 10626IT ANALYST II516C 10631IT OPERATIONS SUPERVISOR526C 30982IW FIELD INSPECTOR446GEN LANDSCAPE INSPECTION SUPERVISOR 506MM 20602 ***DELETED 30637LANDSCAPE INSPECTOR I (FLEX)426GEN 30636LANDSCAPE INSPECTOR II446GEN 30311LEAD CUSTODIAN366GEN 30490LEAD MAINTENANCE WORKER436GEN 30593LEAD PARK CONSTRUCTION & MAINTENANCE WORKER446GEN 10319LEGAL ADMINISTRATIVE ASSISTANT (U)466C 10322LEGAL SECRETARY I (FLEX)(U)426C 10323LEGAL SECRETARY II (U)446C 30366LIBRARIAN II456GEN 30384LIBRARY ADMIN TECHNICIAN/WEBMASTER436GEN 20388LIBRARY CIRCULATION SUPERVISOR446MM 10401LIBRARY DIRECTOR (U)626M 20385LIBRARY NETWORK ADMINISTRATOR476MM 30373LIBRARY NETWORK ASSISTANT406GEN 20387LIBRARY PROGRAM COORDINATOR436MM Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 30392LIBRARY TECHNICIAN II396GEN 30215LITERACY PROGRAM COORDINATOR456GEN 20484MAINTENANCE SUPERVISOR496MM 30486MAINTENANCE WORKER I (FLEX)366GEN 30487MAINTENANCE WORKER II396GEN 30488MAINTENANCE WORKER III416GEN SALARY SCHEDULE FOR FISCAL YEAR 2018/20193 Packet Pg. 524 21.b ADOPTED: 1/15/20 EXHIBIT A-3 EFFECTIVE: 7/1/18 - 6/30/19 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 10112MANAGER OF COMMUNICATIONS616M 10503MAYOR'S CHIEF OF STAFF (U)576M NEIGHBORHOOD & CUSTOMER SERVICE OPERATIONS MANAGER 10117547M *ESTABLISHED 20550NPDES COORDINATOR516MM 10109OFFICE ASSISTANT (U)346C 10868OPERATIONS & MAINTENANCE DIVISION MANAGER (U)587M 30581PARKING ENFORCEMENT OFFICER376GEN 20603PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR513MM PARKS MAINTENANCE SUPERVISOR 20601513M ***DELETED 30622PARKS MAINTENANCE WORKER II396GEN 10069PAYROLL MANAGER536M PAYROLL SUPERVISOR 10064517M ****ESTABLISHED 10068PAYROLL TECHNICIAN426C 10713PLANNING DIVISION MANAGER (U)577M 30481PLUMBER446GEN 20772POLICE DISPATCH SUPERVISOR476MM 30767POLICE DISPATCHER I (FLEX)416GEN 30768POLICE DISPATCHER II436GEN 30848POLICE FLEET MAINTENANCE EXPEDITOR386GEN 30218POLICE P&T TECHNICIAN426GEN 20765POLICE RECORDS SUPERVISOR436MM 30219POLICE RECORDS TECHNICIAN I (FLEX)346GEN 30220POLICE RECORDS TECHNICIAN II366GEN 30194POLICE TRANSCRIBER356GEN 30585POOL MAINTENANCE COORDINATOR412GEN 20019PRINCIPAL ACCOUNTANT546MM 10182PRINCIPAL CIVIL ENGINEER586M 10864PROCUREMENT/CONTRACT SUPPORT SERVICES DIVISION MANAGER (U)594M 30975PROGRAM MANAGER RSVP406GEN 30976PROGRAM MANAGER SCP416GEN 30948PROPERTY & EVIDENCE TECHNICIAN II436GEN 20166PROPERTY EVIDENCE & SUPPLY SUPERVISOR466MM 10621PUBLIC SAFETY IT MANAGER576M 10900PUBLIC WORKS SAFETY & TRAINING OFFICER506M REAL PROPERTY MANAGER 10440576M ***ESTABLISHED 30825RECREATION THERAPIST446GEN 30568REPROGRAPHICS & MAIL TECHNICIAN386GEN 30722SB DIRECT CALL TAKER (BILINGUAL)426GEN SENIOR ARBORIST 30410498GEN ***ESTABLISHED 30600SENIOR BUSINESS REGISTRATION REPRESENTATIVE406GEN 10181SENIOR CIVIL ENGINEER/DIVISION MANAGER (U)593MM 30223SENIOR CUSTOMER SERVICE REP/DISPATCHER386GEN 10222SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)396C 10653SENIOR DEPUTY CITY ATTORNEY (U)626M 10067SENIOR FINANCE SPECIALIST496C 10632SENIOR GIS ANALYST526C 10656SENIOR HUMAN RESOURCES TECHNICIAN426C Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 10689SENIOR HUMAN RESOURCES/RISK ANALYST536C 10622SENIOR IT ANALYST546C 10385SENIOR IT TECHNICIAN456C 10513SENIOR MANAGEMENT ANALYST552M 10527SENIOR NETWORK ADMINISTRATOR576C SALARY SCHEDULE FOR FISCAL YEAR 2018/20194 Packet Pg. 525 21.b ADOPTED: 1/15/20 EXHIBIT A-3 EFFECTIVE: 7/1/18 - 6/30/19 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 30710SENIOR OFFICE ASSISTANT366GEN 10223SENIOR OFFICE ASSISTANT (U)366C 20369STREET SIGNAL/LIGHTING SUPERVISOR517MM 20336TECHNOLOGY LIBRARIAN486MM 10443TRAFFIC ENGINEER566M 20437TRAFFIC ENGINEERING ASSOCIATE526MM 20438TRAFFIC OPERATIONS & SYSTEMS ANALYST536MM 30447TRAFFIC SIGNAL TECHNICIAN I (FLEX)446GEN 30448TRAFFIC SIGNAL TECHNICIAN II466GEN 30667TREASURY ASSISTANT376GEN 20666TREASURY SUPERVISOR466MM TREE TRIMMER ASSISTANT 396GEN 30470 ***DELETED TREE TRIMMER I 30483406GEN ***DELETED TREE TRIMMER II 30484416GEN ***DELETED CLASS MONTHLY BARGAINING CLASSIFICATION TITLE CODESALARYUNIT CITY COUNCIL$50.00 00601ELECTED *****SALARY RANGE ADJUSTMENT$1,166.67 10411CITY TREASURER (U)$2,000.00ELECTED MAYOR$7,983.83 00502ELECTED *****SALARY RANGE ADJUSTMENT$8,642.67 Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) SALARY SCHEDULE FOR FISCAL YEAR 2018/20195 Packet Pg. 526 21.b ADOPTED: 1/15/20 EXHIBIT A-3 EFFECTIVE: 7/1/18 - 6/30/19 Below are classifications that are unfunded and/or not budgeted for FY 2018/2019 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 10848ADMINISTRATION DIVISION MANAGER (U)586M 10092ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)406C 10093ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)426C 10078ADMINISTRATIVE SERVICES MANAGER526M 20339ANIMAL LICENSE OFFICE SUPERVISOR426MM 10146ASSISTANT CITY ATTORNEY (U)636M 10390ASSISTANT CITY CLERK (U)526M 10104ASSISTANT TO THE MAYOR I (U)426M 10106ASSISTANT TO THE MAYOR III (U)526M 10107ASSISTANT TO THE MAYOR IV (U)576M 20250BUILDING INSPECTION SUPERVISOR526MM 30074BUILDING INSPECTOR III506GEN 10500BUILDING OFFICIAL606M 20271BUYER456MM 30640CEMETERY SERVICES SPECIALIST416GEN 10382CITY ATTORNEY INVESTIGATIONS SUPERVISOR (U)546C 10383CITY ATTORNEY INVESTIGATOR (U)516C 10158CIVIL ENGINEER P.E.546M 30450CODE ENFORCEMENT OFFICER I416GEN 30451CODE ENFORCEMENT PROCESSING ASSISTANT366GEN 10113COMMUNITY RELATIONS SUPERVISOR/ASSISTANT OF THE CITY MANAGER (U)516M 20781COMMUNITY SERVICES OFFICER SUPERVISOR476MM 30574CONSTRUCTION INSPECTOR III506GEN 20600CRIME FREE PROGRAM COORDINATOR486MM 20611CUSTODIAL MAINTENANCE SUPERVISOR456MM 10157DEPUTY CITY ENGINEER596M 10372DEPUTY CITY MANAGER (U)677M 10802DEPUTY DIRECTOR/CITY PLANNER (U)616M 10400DEPUTY LIBRARY DIRECTOR (U)566M 10126ECONOMIC DEVELOPMENT ANALYST (U)496C 10125ECONOMIC DEVELOPMENT DIVISION MANAGER (U)596M 30434ENGINEERING ASSISTANT II466GEN 20444ENVIRONMENTAL PROJECT MANAGER486MM 30513FLEET FABRICATION WELDER436GEN 20940FLEET OPERATIONS COORDINATOR476MM 30506FLEET PARTS STOREKEEPER386GEN 30944FLEET PARTS TECHNICIAN426GEN 10133GRANTS ANALYST (U)536C 10672HUMAN RESOURCES DIVISION MANAGER (U)586M 10388IT TECHNICIAN I (FLEX)426C 10389IT TECHNICIAN II446C 30932LEAD EQUIPMENT MECHANIC466GEN 30592LEAD PARKS MAINTENANCE WORKER456GEN 30897LEAD STREET SIGN WORKER416GEN 30335LIBRARIAN I (FLEX)436GEN 10412LIBRARY ADMINISTRATIVE SUPERVISOR506M 30341LIBRARY ASSISTANT356GEN 20384LIBRARY BRANCH MANAGER I466MM 20214LIBRARY BRANCH MANAGER II476MM 30255LIBRARY COMPUTER LAB COORDINATOR436GEN 10410LIBRARY IT MANAGER516M Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 20337LIBRARY TECHNICAL SERVICES SUPERVISOR486MM 30391LIBRARY TECHNICIAN I376GEN SALARY SCHEDULE FOR FISCAL YEAR 2018/20196 Packet Pg. 527 21.b ADOPTED: 1/15/20 EXHIBIT A-3 EFFECTIVE: 7/1/18 - 6/30/19 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 10110MANAGEMENT ANALYST I/ASSISTANT OF THE CITY MANAGER (FLEX) (U)466M 30522MESSENGER326GEN 10115NEIGHBORHOOD SERVICES COORDINATOR/ASSISTANT OF THE CITY MANAGER (U)526M 10635NETWORK SPECIALIST456C 30425NPDES INSPECTOR I (FLEX)446GEN 30426NPDES INSPECTOR II476GEN 30711OFFICE ASSISTANT346GEN 10640PARKS MAINTENANCE DIVISION MANAGER (U)556M 30611PARKS MAINTENANCE WORKER I (FLEX)366GEN 30632PARKS MAINTENANCE WORKER III416GEN 10641PARKS SUPERINTENDENT (U)546M 10069PAYROLL MANAGER536M 30691PLANNING AIDE446GEN 30680PLANS EXAMINER I (FLEX)476GEN 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1303513100 1316613232 1329813364 1343113498 1356613634 1370213770 1383913908 1397814048 1411814189 1425914331 1440214474 14547 9 1122711283 1134011396 1145311511 1156811626 1168411743 1180111860 1192011979 1203912099 1216012221 1228212343 1240512467 1252912592 1265512718 1278212846 1291012974 1303913104 1317013236 1330213368 1343513502 1357013638 1370613775 1384313913 1398214052 1412214193 1426414335 14407 8 1111811174 1123011286 1134211399 1145611513 1157111629 1168711745 1180411863 1192211982 1204212102 1216212223 1228412346 1240812470 1253212595 1265812721 1278412848 1291312977 1304213107 1317313239 1330513371 1343813505 1357313641 1370913778 1384613916 1398514055 1412514196 14267 7 1100911064 1111911175 1123111287 1134411400 1145711515 1157211630 1168811747 1180511864 1192411983 1204312103 1216412225 1228612347 1240912471 1253312596 1265912722 1278612850 1291412979 1304413109 1317413240 1330613373 1344013507 1357513642 1371113779 1384813917 1398714057 14127 6 1090010955 1100911064 1112011175 1123111287 1134411401 1145811515 1157211630 1168811747 1180611865 1192411984 1204412104 1216412225 1228612348 1240912471 1253412596 1265912723 1278612850 1291512979 1304413109 1317513241 1330713373 1344013507 1357513643 1371113780 1384813918 13987 5 1079610850 1090510959 1101411069 1112411180 1123611292 1134811405 1146211520 1157711635 1169311752 1181011869 1192911988 1204812109 1216912230 1229112353 1241412476 1253912602 1266512728 1279212855 1292012984 1304913115 1318013246 1331213379 1344613513 1358013648 1371713785 13854 CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) 4 1069310746 1080010854 1090810963 1101711072 1112811183 1123911296 1135211409 1146611523 1158111639 1169711755 1181411873 1193311992 1205212112 1217312234 1229512357 1241812480 1254312605 1266912732 1279612859 1292412988 1305313119 1318413250 1331613383 1345013517 1358513653 13721 3 1058910642 1069510748 1080210856 1091010965 1102011075 1113011186 1124211298 1135411411 1146811526 1158311641 1169911758 1181711876 1193511995 1205512115 1217612237 1229812359 1242112483 1254612608 1267112735 1279812862 1292712991 1305613121 1318713253 1331913386 1345313520 13588 2 1048510537 1059010643 1069610750 1080310857 1091210966 1102111076 1113211187 1124311299 1135611413 1147011527 1158511643 1170111759 1181811877 1193711996 1205612117 1217712238 1229912361 1242312485 1254712610 1267312736 1280012864 1292812993 1305813123 1318913255 1332113388 13454 1 1038110433 1048510538 1059010643 1069610750 1080410858 1091210967 1102111076 1113211188 1124311300 1135611413 1147011527 1158511643 1170111760 1181811878 1193711997 1205712117 1217712238 1230012361 1242312485 1254712610 1267312737 1280012864 1292912993 1305813123 1318913255 13321 632633634635636637638639640641642643644645646647648649650651652653654655656657658659660661662663664665666667668669670671672673674675676677678679680681682 Range Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Page 8 21 21.b 1627316354164361651816601166841676716851169351702017105171911727717363174501753717625177131780017889179781806818159182491834118432185251861718710188041889818992190871918319279193751947219569196671976 51986419964200632016420265203662046820570206732077620880 20 16118 1619916280 1636116443 1652516608 1669116774 1685816942 1702717112 1719817284 1737017457 1754417627 1771517804 1789317982 1807218163 1825418345 1843718529 1862118714 1880818902 1899719092 1918719283 1937919476 1957419672 1977019869 1996820068 2016820269 2037020472 2057520678 EXHIBIT A-3 Packet Pg. 537 19 15963 1604316123 1620416285 1636616448 1653016613 1669616779 1686316948 1703217118 1720317289 1737617456 1754317631 1771917808 1789717986 1807618167 1825818349 1844118533 1862618719 1881218906 1900119096 1919119287 1938419481 1957819676 1977419873 1997320072 2017320274 2037520477 18 15808 1588715967 1604616127 1620716288 1637016452 1653416617 1670016783 1686716951 1703617121 1720717287 1737317460 1754717635 1772317812 1790117990 1808018171 1826218353 1844518537 1863018723 1881618911 1900519100 1919619292 1938819485 1958219680 1977919878 1997720077 2017720278 17 15653 1573115810 1588915969 1604816129 1620916290 1637216454 1653616619 1670216785 1686916953 1703817119 1720517291 1737717464 1755117639 1772717816 1790517994 1808418175 1826618357 1844918541 1863418727 1882118915 1900919104 1920019296 1939219489 1958719685 1978319882 1998120081 16 15498 1557615653 1573215810 1588915969 1604916129 1621016291 1637216454 1653616619 1670216786 1687016953 1703817123 1720817295 1738117468 1755517643 1773117820 1790917998 1808918179 1827018361 1845318545 1863818731 1882518919 1901419109 1920419300 1939719494 1959119689 1978819886 15 15351 1542715504 1558215660 1573815817 1589615975 1605516136 1621616297 1637916461 1654316626 1670916788 1687216957 1704117127 1721217298 1738517472 1755917647 1773517824 1791318003 1809318183 1827418365 1845718549 1864218735 1882918923 1901819113 1920819304 1940119498 1959619693 14 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1441214484 1455614629 1470214776 1485014924 1499915074 1514915225 1530115377 1545415528 1560615684 1576215841 1592116000 1608016161 1624116323 1640416486 1656916651 1673516818 1690216987 1707217157 1724317329 1741617503 1759017678 1776717856 1794518035 1812518215 6 14057 1412814198 1426914341 1441214484 1455714629 1470314776 1485014924 1499915074 1514915225 1530115378 1545515532 1561015688 1576615845 1592416004 1608416164 1624516326 1640816490 1657216655 1673816822 1690616991 1707617161 1724717333 1742017507 1759417682 1777117860 1794918039 5 13923 1399314063 1413314204 1427514346 1441814490 1456314635 1470914782 1485614930 1500515080 1515515228 1530515381 1545815535 1561315691 1577015848 1592816007 1608716168 1624916330 1641116494 1657616659 1674216826 1691016995 1708017165 1725117337 1742417511 1759817686 1777517864 CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) 4 13790 1385813928 1399714067 1413814208 1427914351 1442314495 1456714640 1471314787 1486114935 1501015081 1515615232 1530815385 1546115539 1561615695 1577315852 1593116011 1609116171 1625216333 1641516497 1658016663 1674616830 1691416998 1708317169 1725517341 1742817515 1760217690 3 13656 1372413793 1386113931 1400014070 1414114212 1428314354 1442614498 1457014643 1471614790 1486414934 1500915084 1515915235 1531115388 1546515542 1562015698 1577715855 1593516014 1609416175 1625616337 1641916501 1658316666 1675016833 1691817002 1708717173 1725817345 1743117519 2 13522 1358913657 1372613794 1386313933 1400214072 1414314213 1428414356 1442814500 1457214645 1471814789 1486314938 1501215087 1516315239 1531515391 1546815546 1562315702 1578015859 1593816018 1609816179 1625916341 1642216505 1658716670 1675316837 1692117006 1709117176 1726217349 1 13388 1345513522 1359013658 1372613795 1386413933 1400314073 1414314214 1428514356 1442814500 1457314646 1471914793 1486714941 1501615091 1516615242 1531815395 1547215549 1562715705 1578415863 1594216022 1610216182 1626316344 1642616508 1659116674 1675716841 1692517010 1709517180 683684685686687688689690691692693694695696697698699700701702703704705706707708709710711712713714715716717718719720721722723724725726727728729730731732733 Range Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Page 9 21 21.b 209852109021195213012140721514 20 2078120885 2098921094 2120021306 EXHIBIT A-3 Packet Pg. 538 19 2057920682 2078620890 2099421099 18 2038020481 2058420687 2079020894 17 2018220283 2038420486 2058820691 16 1998620086 2018620287 2038920491 15 1979219891 1999020090 2019120292 14 1960019698 1979619895 1999520095 13 1941019507 1960419702 1980119900 12 1922119317 1941419511 1960919707 11 1903519130 1922619322 1941819515 10 1885018944 1903919134 1923019326 9 1866718760 1885418949 1904319138 8 1848618578 1867118765 1885818953 7 1830718398 1849018583 1867518769 6 1812918220 1831118402 1849418587 5 1795318043 1813318224 1831518406 CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) 4 1777917868 1795718047 1813718228 3 1760617694 1778317872 1796118051 2 1743517523 1761017698 1778717876 1 1726617352 1743917526 1761417702 734735736737738739 Range 21.b ADOPTED: 1/15/20 EXHIBIT A-4 EFFECTIVE: 7/1/19 - 6/30/20 City of San Bernardino Salary Schedule Fiscal Year (FY) 2019-2020 CODEBARGAINING UNIT GENGENERAL MMMIDDLE MANAGEMENT CCONFIDENTIAL MMANAGEMENT ELECTEDELECTED OFFICIALS MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 30011ACCOUNTANT I (FLEX)460GEN 30012ACCOUNTANT II480GEN 20013ACCOUNTANT III500MM 30023ACCOUNTING ASSISTANT410GEN 10860ACCOUNTING DIVISION MANAGER (U)608M 30019ACCOUNTING TECHNICIAN430GEN 10508ADMINISTRATIVE ANALYST I (FLEX)470M 10506ADMINISTRATIVE ANALYST I/ASSISTANT OF ELECTIVE OFFICER (FLEX) (U)470M 10510ADMINISTRATIVE ANALYST II500M 10507ADMINISTRATIVE ANALYST II/ASSISTANT OF ELECTIVE OFFICER (U)500M 30709ADMINISTRATIVE ASSISTANT400GEN 10081ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)450C 10094ADMINISTRATIVE ASSISTANT TO CITY MANAGER (U)430C 10534ADMINISTRATIVE CLAIMS SPECIALIST420C 10709ADMINISTRATIVE SERVICES OFFICER (U)620M 20332ANIMAL CONTROL MANAGER510MM 30111ANIMAL CONTROL OFFICER410GEN 30119ANIMAL SHELTER ATTENDANT370GEN 20338ANIMAL SHELTER KENNEL SUPERVISOR430MM 20335ANIMAL SHELTER OFFICE SUPERVISOR430MM 10619APPLICATIONS DEVELOPMENT MANAGER590M 30400ARBORIST452GEN 30894ASSESSMENT DISTRICT/REAL PROP SPECIALIST460GEN 30271ASSISTANT BUYER430GEN 10644ASSISTANT CITY MANAGER (U)705M 30168ASSISTANT PLANNER (FLEX)480GEN 10216ASSISTANT TO THE CITY MANAGER (U)580M 10105ASSISTANT TO THE MAYOR II (U)480M 20169ASSOCIATE PLANNER510MM 10062BUDGET OFFICER580M 30072BUILDING INSPECTOR I (FLEX)460GEN 30073BUILDING INSPECTOR II480GEN 30502BUSINESS REGISTRATION INSPECTOR440GEN 30599BUSINESS REGISTRATION REPRESENTATIVE400GEN 20263BUSINESS REGISTRATION MANAGER530MM 30292CEMETERY CARETAKER376GEN 10398CHIEF DEPUTY CITY CLERK (U)553M CITY ATTORNEY (U) 10381710ELECTED ***REINSTATED SALARY Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) CITY CLERK (U) 10399630M ***ESTABLISHED CITY CLERK (U) - ELECTED 10391630ELECTED ***REINSTATED SALARY CITY MANAGER (U) 10370743M *CHANGED TO FLAT MONTHLY RATE SALARY SCHEDULE FOR FISCAL YEAR 2019/20201 Packet Pg. 539 21.b ADOPTED: 1/15/20 EXHIBIT A-4 EFFECTIVE: 7/1/19 - 6/30/20 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 30450CODE ENFORCEMENT OFFICER I420GEN 30455CODE ENFORCEMENT OFFICER II470GEN 30460CODE ENFORCEMENT OFFICER III495GEN 10135COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR470C 30132COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ASSISTANT390GEN 30890COMMUNITY DEVELOPMENT TECHNICIAN430GEN 10100COMMUNITY INTERVENTION PROGRAM MANAGER (U)600M 20923COMMUNITY RECREATION MANAGER520MM 30821COMMUNITY RECREATION PROGRAM COORDINATOR370GEN 20925COMMUNITY RECREATION PROGRAM SUPERVISOR470MM 20504COMMUNITY SERVICES CENTER SUPERVISOR440MM 30755COMMUNITY SERVICES OFFICER I380GEN 30757COMMUNITY SERVICES OFFICER II410GEN 30571CONSTRUCTION INSPECTOR I (FLEX)450GEN 30573CONSTRUCTION INSPECTOR II480GEN 20424CONSTRUCTION MANAGER540MM 30635COORDINATOR OF VOLUNTEERS (GRANT FUNDED)340GEN 10072COUNCIL ADMINISTRATIVE SUPERVISOR (U)500C 30604CRIME ANALYSIS SUPPORT ASSISTANT400GEN 30603CRIME ANALYST470GEN 30602CRIMINAL INVESTIGATION OFFICER415GEN 20611CUSTODIAL MAINTENANCE SUPERVISOR460MM 30621CUSTODIAN360GEN 30222CUSTOMER SERVICE REPRESENTATIVE370GEN 30100DATA ANALYST444GEN 30010DEPARTMENTAL ACCOUNTING TECHNICIAN390GEN 10663DEPUTY CITY CLERK (U)490C 10066DEPUTY DIRECTOR OF FINANCE (U)620M 10803DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)637M DIRECTOR OF ANIMAL SERVICES (U) 630M 10685 ***ESTABLISHED 10520DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT (U)692M 10711DIRECTOR OF FINANCE (U)692M 10665DIRECTOR OF HUMAN RESOURCES (U)660M 10625DIRECTOR OF INFORMATION TECHNOLOGY (U)660M 10731DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)660M 10753DIRECTOR OF PUBLIC WORKS (U)692M 30831ELECTRICIAN I (FLEX)430GEN 30841ELECTRICIAN II450GEN 30432ENGINEERING ASSISTANT I (FLEX)450GEN 30434ENGINEERING ASSISTANT II470GEN 30436ENGINEERING ASSISTANT III500GEN 20441ENGINEERING ASSOCIATE530MM 30439ENVIRONMENTAL PROJECT SPECIALIST410GEN 20025EQUIPMENT MAINTENANCE SUPERVISOR480MM 30921EQUIPMENT MECHANIC I (FLEX)420GEN 30902EQUIPMENT MECHANIC II440GEN 30943EQUIPMENT SERVICE WORKER400GEN 30707EXECUTIVE ASSISTANT430GEN 10982EXECUTIVE ASSISTANT TO DIRECTOR (U)450C 10978EXECUTIVE ASSISTANT TO MAYOR (U)500C 10976EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)500C Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 10939FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)591M 30623FACILITIES MAINTENANCE MECHANIC420GEN 20092FACILITIES MAINTENANCE SUPERVISOR500MM 10512FINANCIAL ANALYST510M 20066FOOD SERVICE SUPERVISOR II460MM SALARY SCHEDULE FOR FISCAL YEAR 2019/20202 Packet Pg. 540 21.b ADOPTED: 1/15/20 EXHIBIT A-4 EFFECTIVE: 7/1/19 - 6/30/20 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 30165FORENSICS SPECIALIST I (FLEX)430GEN 30166FORENSICS SPECIALIST II460GEN 20167FORENSICS SPECIALIST III470MM 20490FORESTRY SUPERVISOR542MM 30098GROUNDSWORKER ARBORIST392GEN 10129HOUSING DIVISION MANAGER (U)600M 10657HUMAN RESOURCES ANALYST510C 30207HUMAN RESOURCES TECHNICIAN410GEN 30101HVAC MECHANIC460GEN 20994IEMG BROADCAST ENGINEERING COORDINATOR490MM 10627IT ANALYST I (FLEX)490C 10626IT ANALYST II520C 10631IT OPERATIONS SUPERVISOR530C 30982IW FIELD INSPECTOR450GEN 30637LANDSCAPE INSPECTOR I (FLEX)430GEN 30636LANDSCAPE INSPECTOR II450GEN 30311LEAD CUSTODIAN370GEN 30490LEAD MAINTENANCE WORKER440GEN 30593LEAD PARK CONSTRUCTION & MAINTENANCE WORKER450GEN 10319LEGAL ADMINISTRATIVE ASSISTANT (U)470C 30366LIBRARIAN II460GEN 20388LIBRARY CIRCULATION SUPERVISOR450MM 10401LIBRARY DIRECTOR (U)630M 20385LIBRARY NETWORK ADMINISTRATOR480MM 30373LIBRARY NETWORK ASSISTANT410GEN 20387LIBRARY PROGRAM COORDINATOR440MM 30392LIBRARY TECHNICIAN II400GEN 30215LITERACY PROGRAM COORDINATOR460GEN 20484MAINTENANCE SUPERVISOR500MM 30486MAINTENANCE WORKER I (FLEX)370GEN 30487MAINTENANCE WORKER II400GEN 30488MAINTENANCE WORKER III420GEN 10503MAYOR'S CHIEF OF STAFF (U)580M 10117NEIGHBORHOOD & CUSTOMER SERVICE OPERATIONS MANAGER (U)551M 20550NPDES COORDINATOR520MM 30425NPDES INSPECTOR I (FLEX)450GEN 30711OFFICE ASSISTANT350GEN 10109OFFICE ASSISTANT (U)350C 10868OPERATIONS & MAINTENANCE DIVISION MANAGER (U)591M 30581PARKING ENFORCEMENT OFFICER380GEN 20603PARKS & LANDSCAPE MAINTENANCE SUPERVISOR517MM 30622PARKS MAINTENANCE WORKER II400GEN 10064PAYROLL SUPERVISOR521M 10068PAYROLL TECHNICIAN430C 10713PLANNING DIVISION MANAGER (U)581M 30481PLUMBER450GEN 20772POLICE DISPATCH SUPERVISOR480MM 30767POLICE DISPATCHER I (FLEX)420GEN 30768POLICE DISPATCHER II440GEN 30848POLICE FLEET MAINTENANCE EXPEDITOR390GEN 30218POLICE P&T TECHNICIAN430GEN 20765POLICE RECORDS SUPERVISOR440MM Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 30219POLICE RECORDS TECHNICIAN I (FLEX)350GEN 30220POLICE RECORDS TECHNICIAN II370GEN 30585POOL MAINTENANCE COORDINATOR416GEN 10182PRINCIPAL CIVIL ENGINEER590M 30975PROGRAM MANAGER RSVP410GEN SALARY SCHEDULE FOR FISCAL YEAR 2019/20203 Packet Pg. 541 21.b ADOPTED: 1/15/20 EXHIBIT A-4 EFFECTIVE: 7/1/19 - 6/30/20 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 30976PROGRAM MANAGER SCP420GEN 30947PROPERTY & EVIDENCE TECHNICIAN I (FLEX)410GEN 30948PROPERTY & EVIDENCE TECHNICIAN II440GEN 20166PROPERTY EVIDENCE & SUPPLY SUPERVISOR470MM PUBLIC AFFAIRS SPECIALIST 30800449GEN **ESTABLISHED 10621PUBLIC SAFETY IT MANAGER580M 10900PUBLIC WORKS SAFETY & TRAINING OFFICER510M 10440REAL PROPERTY MANAGER580M 30825RECREATION THERAPIST450GEN 30722SB DIRECT CALL TAKER (BILINGUAL)430GEN 30410SENIOR ARBORIST502GEN 30600SENIOR BUSINESS REGISTRATION REPRESENTATIVE410GEN 10181SENIOR CIVIL ENGINEER/DIVISION MANAGER (U)597MM 30223SENIOR CUSTOMER SERVICE REP/DISPATCHER390GEN 10222SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)400C 10067SENIOR FINANCE SPECIALIST500C 10632SENIOR GIS ANALYST530C 10656SENIOR HUMAN RESOURCES TECHNICIAN430C 10689SENIOR HUMAN RESOURCES ANALYST540C 10622SENIOR IT ANALYST550C 10385SENIOR IT TECHNICIAN460C 10513SENIOR MANAGEMENT ANALYST556M 10527SENIOR NETWORK ADMINISTRATOR580C 30710SENIOR OFFICE ASSISTANT370GEN 10223SENIOR OFFICE ASSISTANT (U)370C 20369STREET SIGNAL & LIGHTING SUPERVISOR521MM 20336TECHNOLOGY LIBRARIAN490MM 10443TRAFFIC ENGINEER570M 20437TRAFFIC ENGINEERING ASSOCIATE530MM 20438TRAFFIC OPERATIONS & SYSTEMS ANALYST540MM 30447TRAFFIC SIGNAL TECHNICIAN I (FLEX)450GEN 30448TRAFFIC SIGNAL TECHNICIAN II470GEN 30667TREASURY ASSISTANT380GEN 20666TREASURY SUPERVISOR470MM CLASS MONTHLY BARGAINING CLASSIFICATION TITLE CODESALARYUNIT 00601CITY COUNCIL$1,166.67ELECTED CITY MANAGER (U)$21,639.50 10370M *SALARY ADJUSTMENT EFFECTIVE 8/1/19$22,396.88 10411CITY TREASURER (U)$500.00ELECTED 00502MAYOR$8,642.67ELECTED Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) SALARY SCHEDULE FOR FISCAL YEAR 2019/20204 Packet Pg. 542 21.b ADOPTED: 1/15/20 EXHIBIT A-4 EFFECTIVE: 7/1/19 - 6/30/20 Below are classifications that are unfunded and/or not budgeted for FY 2019/2020 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 10848ADMINISTRATION DIVISION MANAGER (U)590M 10092ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)410C 10093ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)430C 10078ADMINISTRATIVE SERVICES MANAGER530M 20457ADMINISTRATIVE SERVICES SUPERVISOR470MM 20339ANIMAL LICENSE OFFICE SUPERVISOR430MM 10146ASSISTANT CITY ATTORNEY (U)640M 10390ASSISTANT CITY CLERK (U)530M 10104ASSISTANT TO THE MAYOR I (U)430M 10106ASSISTANT TO THE MAYOR III (U)530M 10107ASSISTANT TO THE MAYOR IV (U)580M 10116BUDGET OFFICER/ASSISTANT TO THE CITY MANAGER (U)580M 20250BUILDING INSPECTION SUPERVISOR530MM 30074BUILDING INSPECTOR III510GEN 10500BUILDING OFFICIAL610M 20271BUYER460MM 30640CEMETERY SERVICES SPECIALIST420GEN 10145CHIEF ASSISTANT CITY ATTORNEY (U)685M 10501CHIEF BUILDING OFFICIAL (CBO) AND BUILDING AND SAFETY DIVISION MANAGER (U)591M 10382CITY ATTORNEY INVESTIGATIONS SUPERVISOR (U)550C 10383CITY ATTORNEY INVESTIGATOR (U)520C 10158CIVIL ENGINEER P.E.550M 10273CODE ENFORCEMENT DIVISION MANAGER (U)560M 30451CODE ENFORCEMENT PROCESSING ASSISTANT370GEN 30752COMMUNITY ENGAGEMENT SPECIALIST420GEN 10113COMMUNITY RELATIONS SUPERVISOR/ASSISTANT OF THE CITY MANAGER (U)520M 20781COMMUNITY SERVICES OFFICER SUPERVISOR480MM 30754COMMUNITY POLICING SPECIALIST470GEN 30574CONSTRUCTION INSPECTOR III510GEN 20600CRIME FREE PROGRAM COORDINATOR490MM 10651DEPUTY CITY ATTORNEY I (U)570C 10661DEPUTY CITY ATTORNEY II (U)580C 10659DEPUTY CITY ATTORNEY III (U)600C 10658DEPUTY CITY ATTORNEY IV (U)620C 10157DEPUTY CITY ENGINEER600M 10372DEPUTY CITY MANAGER (U)681M 10802DEPUTY DIRECTOR/CITY PLANNER (U)620M 10732DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)610M 10400DEPUTY LIBRARY DIRECTOR (U)570M 10126ECONOMIC DEVELOPMENT ANALYST (U)500C 10125ECONOMIC DEVELOPMENT DIVISION MANAGER (U)600M 10367EMERGENCY OPERATIONS MANAGER565M 20024EQUIPMENT MAINTENANCE MANAGER510MM 20444ENVIRONMENTAL PROJECT MANAGER490MM 10981EXECUTIVE ASSISTANT TO THE CITY ATTORNEY (U)510C 10951EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)550M 30513FLEET FABRICATION WELDER440GEN 20940FLEET OPERATIONS COORDINATOR480MM 30506FLEET PARTS STOREKEEPER390GEN 30944FLEET PARTS TECHNICIAN430GEN 10940FLEET SERVICES DIVISION MANAGER (U)560M Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 10624GIS ADMINISTRATOR580C 10133GRANTS ANALYST (U)540C 30516HAZMAT TECHNICIAN440GEN 30112HEAVY EQUIPMENT OPERATOR440GEN 10672HUMAN RESOURCES DIVISION MANAGER (U)590M SALARY SCHEDULE FOR FISCAL YEAR 2019/20205 Packet Pg. 543 21.b ADOPTED: 1/15/20 EXHIBIT A-4 EFFECTIVE: 7/1/19 - 6/30/20 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 10388IT TECHNICIAN I (FLEX)430C 10389IT TECHNICIAN II450C 30932LEAD EQUIPMENT MECHANIC470GEN 30592LEAD PARKS MAINTENANCE WORKER460GEN 30897LEAD STREET SIGN WORKER420GEN 10322LEGAL SECRETARY I (FLEX) (U)430C 10323LEGAL SECRETARY II (U)450C 30384LIBRARY ADMIN TECHNICIAN/WEBMASTER440GEN 30335LIBRARIAN I (FLEX)440GEN 10412LIBRARY ADMINISTRATIVE SUPERVISOR510M 30341LIBRARY ASSISTANT360GEN 20384LIBRARY BRANCH MANAGER I470MM 20214LIBRARY BRANCH MANAGER II480MM 30255LIBRARY COMPUTER LAB COORDINATOR440GEN 10410LIBRARY IT MANAGER520M 20337LIBRARY TECHNICAL SERVICES SUPERVISOR490MM 30391LIBRARY TECHNICIAN I380GEN 10110MANAGEMENT ANALYST I/ASSISTANT OF THE CITY MANAGER (FLEX) (U)470M 10112MANAGER OF COMMUNICATIONS620M 30522MESSENGER330GEN 10115NEIGHBORHOOD SERVICES COORDINATOR/ASSISTANT OF THE CITY MANAGER (U)530M 10635NETWORK SPECIALIST460C 30426NPDES INSPECTOR II480GEN 10640PARKS MAINTENANCE DIVISION MANAGER (U)560M 30611PARKS MAINTENANCE WORKER I (FLEX)370GEN 30632PARKS MAINTENANCE WORKER III420GEN 10641PARKS SUPERINTENDENT (U)550M 10069PAYROLL MANAGER540M 30691PLANNING AIDE450GEN 30680PLANS EXAMINER I (FLEX)480GEN 30682PLANS EXAMINER II510GEN 20331POLICE COMMUNICATIONS MANAGER510MM 20780POLICE P&T MANAGER500MM 20761POLICE RECORDS MANAGER490MM 30217POLICE TRAINING COORDINATOR440GEN 30194POLICE TRANSCRIBER360GEN 20019PRINCIPAL ACCOUNTANT550MM 10670PRINCIPAL LIBRARIAN550M 10243PRINCIPAL PLANNER580M 10864PROCUREMENT/CONTRACT SUPPORT SERVICES DIVISION MANAGER (U)598M 10446PROFESSIONAL LAND SURVEYOR PLS546M 10132PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)550M 10131PROJECT MANAGER OF HOUSING PROGRAMS (U)550M 10639PROJECT MANAGER/COMMUNITY SERVICES550M 30568REPROGRAPHICS & MAIL TECHNICIAN390GEN 30900PUMP MECHANIC454GEN 30770RANGEMASTER450GEN 10259RECORDS MANAGEMENT SPECIALIST (U)460C 10403REC/COMMUNITY SERVICES DIVISION MANAGER (U)560M 10690RISK DIVISION MANAGER (U)590M 10538SAFETY OFFICER530C 30721SB DIRECT CALL TAKER380GEN Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Classifications) 10511SENIOR ADMINISTRATIVE ANALYST540M 30708SENIOR ADMINISTRATIVE ASSISTANT420GEN 10154SENIOR CIVIL ENGINEER570M 20446SENIOR CODE ENFORCEMENT OFFICER510MM 10653SENIOR DEPUTY CITY ATTORNEY (U)630M SALARY SCHEDULE FOR FISCAL YEAR 2019/20206 Packet Pg. 544 21.b ADOPTED: 1/15/20 EXHIBIT A-4 EFFECTIVE: 7/1/19 - 6/30/20 MONTHLY CLASS BARGAINING CLASSIFICATION TITLE SALARY CODEUNIT RANGE 20213SENIOR LIBRARIAN490MM 30393SENIOR LIBRARY TECHNICIAN440GEN 10636SENIOR NETWORK SPECIALIST490C 30582SENIOR PARKING ENFORCEMENT OFFICER400GEN 20243SENIOR PLANNER540MM 20245SENIOR PLANS EXAMINER520MM 30720SENIOR SB DIRECT CALL TAKER410GEN 30177SENIOR SURVEY TECHNICIAN460GEN 20483SEWER MAINTENANCE SUPERVISOR510MM 30494SEWER MAINTENANCE WORKER420GEN 30898STREET SIGN WORKER410GEN 20116SUPERVISING ANIMAL CONTROL OFFICER470MM 20450SUPERVISING CODE ENFORCEMENT 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Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Page 2 21 21.b 3608 36273645 36633681 37003718 37373755 37743793 38123831 38503869 38893908 39283947 39673987 40074027 40474067 40884108 41294149 41704191 42124233 42544275 42974318 43404361 43834405 44274449 44724494 45164539 45624584 46074630 20 3574359236103628364636643683370137203738375737763795381338333852387138903910392939493969398940094029404940694089411041304151417241934214423542564277429843204342436343854407442944514473449645184541456 44586 EXHIBIT A-4 Packet Pg. 547 19 3540355735753593361136293647366536843702372137393758377737963815383438533872389239113931395039703990401040304050407040914111413241524173419442154236425742784300432143434365438644084430445344754497452 04542 18 3505352335403558357635943612363036483666368537033722374037593778379738163835385438733892391239313951397139914011403140514071409141124132415341744195421642374258427943014322434443664387440944314453447 64498 17 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1134011396 8 87958839888389278972901790629107915391999245929193379384943194789525957396219669971797669815986499139963 10013 1006310113 1016310214 1026510317 1036810420 1047210525 1057710630 1068310737 1079010844 1089910953 1100811063 1111811174 1123011286 7 8709875287968840888489288973901890639108915492009246929293389385943294799527957496229670971997679816986599149964 10014 1006410114 1016510216 1026710318 1037010421 1047410526 1057910631 1068510738 1079210846 1090010954 1100911064 1111911175 6 862286658709875287968840888489298973901890639109915492009246929293399385943294799527957496229670971997679816986599159964 10014 1006410114 1016510216 1026710318 1037010422 1047410526 1057910632 1068510738 1079210846 1090010955 1100911064 5 85408583862686698712875688008844888889328977902290679112915892049250929693429389943694839531957896269674972397719820986999199968 10018 1006810119 1016910220 1027110322 1037410426 1047810530 1058310636 1068910743 1079610850 1090510959 CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) 4 8458850085438586862986728715875988028846889189358980902590709115916192079253929993459392943994869534958196299677972697749823987299229971 10021 1007110122 1017210223 1027410326 1037710429 1048110534 1058610639 1069310746 1080010854 3 837684188460850285458588863086748717876188048848889389378982902790729117916392099255930193479394944194889536958396319680972897779825987599249974 10023 1007410124 1017510225 1027710328 1038010431 1048410536 1058910642 1069510748 2 82948335837784198461850385468589863286758718876288058849889489388983902890739118916492109256930293499395944294899537958596339681972997789827987699259975 10025 1007510125 1017610227 1027810329 1038110433 1048510537 1059010643 1 8212825382948336837784198461850485468589863286758718876288068850889489388983902890739119916492109256930293499396944394909537958596339681972997789827987699259975 10025 1007510125 1017610227 1027810329 1038110433 1048510538 585586587588589590591592593594595596597598599600601602603604605606607608609610611612613614615616617618619620621622623624625626627628629630631632633634635 Range Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Page 7 21 21.b 1287312937130021306713132131981326413330133971346413531135981366613735138041387313942140121408214152142231429414365144371450914582146551472814802148761495015025151001517615251153281540415481155591563 71571515793158721595216031161121619216273163541643616518 20 1275012814 1287812942 1300713072 1313713203 1326913335 1340213469 1353613604 1367213740 1380913878 1394814017 1408714158 1422914300 1437114443 1451514588 1466114734 1480814882 1495615031 1510615182 1525815334 1541115488 1556515643 1572115800 1587915958 1603816118 1619916280 16361 EXHIBIT A-4 Packet Pg. 552 19 1262712690 1275412818 1288212946 1301113076 1314113207 1327313339 1340613473 1354113608 1367613745 1381313882 1395214022 1409214162 1423314304 1437614448 1452014592 1466514739 1481214886 1496115036 1511115186 1526215339 1541515492 1557015648 1572615805 1588415963 1604316123 16204 18 1250512567 1263012693 1275712821 1288512949 1301413079 1314413210 1327613342 1340913476 1354413611 1367913748 1381613886 1395514025 1409514165 1423614307 1437914451 1452314596 1466914742 1481614890 1496415039 1511415190 1526615342 1541915496 1557315651 1572915808 1588715967 16046 17 1238212444 1250612569 1263212695 1275812822 1288612951 1301513080 1314613212 1327813344 1341113478 1354513613 1368113749 1381813887 1395714026 1409714167 1423814309 1438114453 1452514597 1467014744 1481714892 1496615041 1511615192 1526815344 1542115498 1557515653 1573115810 15889 16 1226012321 1238212444 1250712569 1263212695 1275912822 1288712951 1301613081 1314613212 1327813344 1341113478 1354613613 1368113750 1381813888 1395714027 1409714167 1423814309 1438114453 1452514598 1467114744 1481814892 1496615041 1511615192 1526815344 1542115498 1557615653 15732 15 1214312204 1226512326 1238712449 1251212574 1263712700 1276412828 1289212956 1302113086 1315213217 1328313350 1341713484 1355113619 1368713755 1382413893 1396314032 1410314173 1424414315 1438714459 1453114604 1467714750 1482414898 1497215047 1512315198 1527415351 1542715504 15582 14 1202612086 1214712207 1226812330 1239112453 1251612578 1264112704 1276812832 1289612960 1302513090 1315613221 1328813354 1342113488 1355513623 1369113760 1382813898 1396714037 1410714178 1424814320 1439114463 1453614608 1468114755 1482814903 1497715052 1512715203 1527915355 15432 13 1190911969 1202912089 1214912210 1227112332 1239412456 1251812581 1264412707 1277112834 1289912963 1302813093 1315913224 1329013357 1342413491 1355813626 1369413763 1383113901 1397014040 1411014181 1425214323 1439414466 1453914611 1468514758 1483214906 1498015055 1513115206 15282 12 1179311851 1191111970 1203012090 1215112212 1227312334 1239612458 1252012582 1264512709 1277212836 1290012965 1303013095 1316013226 1329213359 1342513492 1356013628 1369613764 1383313902 1397214042 1411214182 1425314325 1439614468 1454114613 1468614760 1483414908 1498215057 15132 11 1167611734 1179311852 1191111971 1203012091 1215112212 1227312334 1239612458 1252012583 1264612709 1277212836 1290112965 1303013095 1316013226 1329213359 1342613493 1356013628 1369613765 1383313903 1397214042 1411214183 1425414325 1439714469 1454114614 1468714760 1483414908 14983 10 1156511622 1168111739 1179811857 1191611975 1203512096 1215612217 1227812339 1240112463 1252512588 1265112714 1277812842 1290612970 1303513100 1316613232 1329813364 1343113498 1356613634 1370213770 1383913908 1397814048 1411814189 1425914331 1440214474 1454714620 1469314766 14840 9 1145311511 1156811626 1168411743 1180111860 1192011979 1203912099 1216012221 1228212343 1240512467 1252912592 1265512718 1278212846 1291012974 1303913104 1317013236 1330213368 1343513502 1357013638 1370613775 1384313913 1398214052 1412214193 1426414335 1440714479 1455114624 14697 8 1134211399 1145611513 1157111629 1168711745 1180411863 1192211982 1204212102 1216212223 1228412346 1240812470 1253212595 1265812721 1278412848 1291312977 1304213107 1317313239 1330513371 1343813505 1357313641 1370913778 1384613916 1398514055 1412514196 1426714338 1441014482 14555 7 1123111287 1134411400 1145711515 1157211630 1168811747 1180511864 1192411983 1204312103 1216412225 1228612347 1240912471 1253312596 1265912722 1278612850 1291412979 1304413109 1317413240 1330613373 1344013507 1357513642 1371113779 1384813917 1398714057 1412714198 1426914340 14412 6 1112011175 1123111287 1134411401 1145811515 1157211630 1168811747 1180611865 1192411984 1204412104 1216412225 1228612348 1240912471 1253412596 1265912723 1278612850 1291512979 1304413109 1317513241 1330713373 1344013507 1357513643 1371113780 1384813918 1398714057 1412814198 14269 5 1101411069 1112411180 1123611292 1134811405 1146211520 1157711635 1169311752 1181011869 1192911988 1204812109 1216912230 1229112353 1241412476 1253912602 1266512728 1279212855 1292012984 1304913115 1318013246 1331213379 1344613513 1358013648 1371713785 1385413923 1399314063 14133 CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) 4 1090810963 1101711072 1112811183 1123911296 1135211409 1146611523 1158111639 1169711755 1181411873 1193311992 1205212112 1217312234 1229512357 1241812480 1254312605 1266912732 1279612859 1292412988 1305313119 1318413250 1331613383 1345013517 1358513653 1372113790 1385813928 13997 3 1080210856 1091010965 1102011075 1113011186 1124211298 1135411411 1146811526 1158311641 1169911758 1181711876 1193511995 1205512115 1217612237 1229812359 1242112483 1254612608 1267112735 1279812862 1292712991 1305613121 1318713253 1331913386 1345313520 1358813656 1372413793 13861 2 1069610750 1080310857 1091210966 1102111076 1113211187 1124311299 1135611413 1147011527 1158511643 1170111759 1181811877 1193711996 1205612117 1217712238 1229912361 1242312485 1254712610 1267312736 1280012864 1292812993 1305813123 1318913255 1332113388 1345413522 1358913657 13726 1 1059010643 1069610750 1080410858 1091210967 1102111076 1113211188 1124311300 1135611413 1147011527 1158511643 1170111760 1181811878 1193711997 1205712117 1217712238 1230012361 1242312485 1254712610 1267312737 1280012864 1292912993 1305813123 1318913255 1332113388 1345513522 13590 636637638639640641642643644645646647648649650651652653654655656657658659660661662663664665666667668669670671672673674675676677678679680681682683684685686 Range Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Page 8 21 21.b 1660116684167671685116935170201710517191172771736317450175371762517713178001788917978180681815918249183411843218525186171871018804188981899219087191831927919375194721956919667197651986419964200632016 42026520366204682057020673207762088020985210902119521301 20 16443 1652516608 1669116774 1685816942 1702717112 1719817284 1737017457 1754417627 1771517804 1789317982 1807218163 1825418345 1843718529 1862118714 1880818902 1899719092 1918719283 1937919476 1957419672 1977019869 1996820068 2016820269 2037020472 2057520678 2078120885 2098921094 EXHIBIT A-4 Packet Pg. 553 19 16285 1636616448 1653016613 1669616779 1686316948 1703217118 1720317289 1737617456 1754317631 1771917808 1789717986 1807618167 1825818349 1844118533 1862618719 1881218906 1900119096 1919119287 1938419481 1957819676 1977419873 1997320072 2017320274 2037520477 2057920682 2078620890 18 16127 1620716288 1637016452 1653416617 1670016783 1686716951 1703617121 1720717287 1737317460 1754717635 1772317812 1790117990 1808018171 1826218353 1844518537 1863018723 1881618911 1900519100 1919619292 1938819485 1958219680 1977919878 1997720077 2017720278 2038020481 2058420687 17 15969 1604816129 1620916290 1637216454 1653616619 1670216785 1686916953 1703817119 1720517291 1737717464 1755117639 1772717816 1790517994 1808418175 1826618357 1844918541 1863418727 1882118915 1900919104 1920019296 1939219489 1958719685 1978319882 1998120081 2018220283 2038420486 16 15810 1588915969 1604916129 1621016291 1637216454 1653616619 1670216786 1687016953 1703817123 1720817295 1738117468 1755517643 1773117820 1790917998 1808918179 1827018361 1845318545 1863818731 1882518919 1901419109 1920419300 1939719494 1959119689 1978819886 1998620086 2018620287 15 15660 1573815817 1589615975 1605516136 1621616297 1637916461 1654316626 1670916788 1687216957 1704117127 1721217298 1738517472 1755917647 1773517824 1791318003 1809318183 1827418365 1845718549 1864218735 1882918923 1901819113 1920819304 1940119498 1959619693 1979219891 1999020090 14 15509 1558715665 1574315822 1590115980 1606016141 1622116302 1638416466 1654816625 1670916792 1687616960 1704517130 1721617302 1738917476 1756317651 1773917828 1791718007 1809718187 1827818369 1846118554 1864618740 1883318927 1902219117 1921319309 1940519502 1960019698 1979619895 13 15359 1543615513 1559015668 1574715825 1590415984 1606416144 1622516306 1638816464 1654616629 1671216796 1688016964 1704917134 1722017306 1739317480 1756717655 1774317832 1792118011 1810118191 1828218373 1846518558 1865018744 1883718932 1902619121 1921719313 1941019507 1960419702 12 15208 1528415361 1543715515 1559215670 1574815827 1590615986 1606616146 1622716304 1638616468 1655016633 1671616800 1688416968 1705317138 1722417310 1739717483 1757117659 1774717836 1792518015 1810518195 1828618378 1846918562 1865518748 1884218936 1903119126 1922119317 1941419511 11 15058 1513315209 1528515361 1543815515 1559315670 1574915828 1590715986 1606616146 1622716308 1639016471 1655416637 1672016803 1688716972 1705717142 1722817314 1740017487 1757517663 1775117840 1792918019 1810918199 1829018382 1847418566 1865918752 1884618940 1903519130 1922619322 10 14914 1498915064 1513915215 1529115367 1544415521 1559915677 1575515834 1591315989 1606916150 1623016312 1639316475 1655716640 1672316807 1689116976 1706017146 1723117318 1740417491 1757917667 1775517844 1793318023 1811318203 1829418386 1847818570 1866318756 1885018944 1903919134 9 14771 1484514919 1499315068 1514415219 1529615372 1544915526 1560415682 1576015834 1591315993 1607316153 1623416315 1639716479 1656116644 1672716811 1689516979 1706417150 1723517322 1740817495 1758317671 1775917848 1793718027 1811718207 1829818390 1848218574 1866718760 1885418949 8 14627 1470014774 1484814922 1499715072 1514715223 1529915375 1545215530 1560715681 1575915838 1591715997 1607716157 1623816319 1640016482 1656516648 1673116815 1689916983 1706817153 1723917325 1741217499 1758717675 1776317852 1794118031 1812118211 1830218394 1848618578 1867118765 7 14484 1455614629 1470214776 1485014924 1499915074 1514915225 1530115377 1545415528 1560615684 1576215841 1592116000 1608016161 1624116323 1640416486 1656916651 1673516818 1690216987 1707217157 1724317329 1741617503 1759017678 1776717856 1794518035 1812518215 1830718398 1849018583 6 14341 1441214484 1455714629 1470314776 1485014924 1499915074 1514915225 1530115378 1545515532 1561015688 1576615845 1592416004 1608416164 1624516326 1640816490 1657216655 1673816822 1690616991 1707617161 1724717333 1742017507 1759417682 1777117860 1794918039 1812918220 1831118402 5 14204 1427514346 1441814490 1456314635 1470914782 1485614930 1500515080 1515515228 1530515381 1545815535 1561315691 1577015848 1592816007 1608716168 1624916330 1641116494 1657616659 1674216826 1691016995 1708017165 1725117337 1742417511 1759817686 1777517864 1795318043 1813318224 CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) 4 14067 1413814208 1427914351 1442314495 1456714640 1471314787 1486114935 1501015081 1515615232 1530815385 1546115539 1561615695 1577315852 1593116011 1609116171 1625216333 1641516497 1658016663 1674616830 1691416998 1708317169 1725517341 1742817515 1760217690 1777917868 1795718047 3 13931 1400014070 1414114212 1428314354 1442614498 1457014643 1471614790 1486414934 1500915084 1515915235 1531115388 1546515542 1562015698 1577715855 1593516014 1609416175 1625616337 1641916501 1658316666 1675016833 1691817002 1708717173 1725817345 1743117519 1760617694 1778317872 2 13794 1386313933 1400214072 1414314213 1428414356 1442814500 1457214645 1471814789 1486314938 1501215087 1516315239 1531515391 1546815546 1562315702 1578015859 1593816018 1609816179 1625916341 1642216505 1658716670 1675316837 1692117006 1709117176 1726217349 1743517523 1761017698 1 13658 1372613795 1386413933 1400314073 1414314214 1428514356 1442814500 1457314646 1471914793 1486714941 1501615091 1516615242 1531815395 1547215549 1562715705 1578415863 1594216022 1610216182 1626316344 1642616508 1659116674 1675716841 1692517010 1709517180 1726617352 1743917526 687688689690691692693694695696697698699700701702703704705706707708709710711712713714715716717718719720721722723724725726727728729730731732733734735736737 Range Attachment: HR.Salary Schedules.EXHIBIT A (6571 : Salary Schedules for Full-Time Miscellaneous Page 9 21 21.b 214072151421622217302183921948 20 2120021306 2141221519 2162721735 EXHIBIT A-4 Packet Pg. 554 19 2099421099 2120421310 2141721524 18 2079020894 2099921104 2120921315 17 2058820691 2079520899 2100321108 16 2038920491 2059320696 2079920903 15 2019120292 2039320495 2059820701 14 1999520095 2019520296 2039820500 13 1980119900 1999920099 2020020301 12 1960919707 1980519904 2000420104 11 1941819515 1961319711 1981019909 10 1923019326 1942319520 1961719715 9 1904319138 1923419330 1942719524 8 1885818953 1904819143 1923819335 7 1867518769 1886318957 1905219147 6 1849418587 1868018773 1886718961 5 1831518406 1849818591 1868418777 CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) 4 1813718228 1831918410 1850218595 3 1796118051 1814118232 1832318415 2 1778717876 1796518055 1814518236 1 1761417702 1779117880 1796918059 738739740741742743 Range ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 22 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Miguel Guerrero, Subject: Receive/File the Audited Comprehensive Annual Financial Report of SBMWD for FY Ended June 30, 2019 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the audited Comprehensive Annual Financial Report of the Sewer Treatment, and Sewer Collection utilities for the Fiscal Year ended June 30, 2019. Background Section 603(e) of the City of San Bernardino Charter requires that the Water Board ccounts" and annual audit and produced the attached Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended June 30, 2019. This report includes the financial as well as a statistical section containing historical information and data. The CAFR was presented to the City Water Board at its November 26, 2019, regular meeting, and it was approved unanimously. For the third straight year, the Water Department received the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Report for its Fiscal Year 2017/2018 CAFR. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment for the Water Department. 2019-20 Goals and Objectives 6: Operate in a Fiscally Responsible and Business-Like Manner. Fiscal Impact No fiscal impact to the City Packet Pg. 555 Page 1 22 6512 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the audited Comprehensive Annual Financial Report of the utilities for the Fiscal Year ended June 30, 2019. Attachments Attachment 1 Comprehensive Annual Financial Report of the City of San Bernardino Municipal Water Department, Fiscal Year Ended June 30, 2019 Attachment 2 Water Board Staff Report Ward: N/A Packet Pg. 556 Page 2 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of Packet Pg. 557 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of Packet Pg. 558 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of Packet Pg. 559 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of Packet Pg. 560 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of Packet Pg. 561 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of i Packet Pg. 562 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of ii Packet Pg. 563 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of iii Packet Pg. 564 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of iv Packet Pg. 565 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of v Packet Pg. 566 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of vi Packet Pg. 567 22.a Fleet RobinL.Ohama CustomerService HumanResources Field&MeterSvcs DeputyGeneralManager InformationTechnology Safety Control RiskMgmt Regulatory Compliance WaterQuality Environmental Evironmental& Environmental& JenniferL.Shepardson RegulatoryCompliance Sewer Collection WaterReclamation KevinT.Stewart,P.E. RatePayersCityCouncil WaterBoard GeneralManager ORGANIZATION Processing RIXFacility Operations MiguelJ.Guerrero,P.E. Maintenance Electrical/SCADA Payroll Finance Purchasing Accounting CynthiaJ.Mouser CITYOFSANBERNARDINOMUNICIPALWATERDEPARTMENT FinanceandAccounting Operations Engineering Distribution WaterUtility Maintenance SteveR.Miller Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of vii Packet Pg. 568 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of viii Packet Pg. 569 22.a ManagementÓs Responsibility for the Financial Statements AuditorÓs Responsibility Government Auditing Standards, An Association of Independent Accounting Firms Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Phone: 714.672.0022 Packet Pg. 570 22.a Opinions Emphasis of Matter Other Matters Required Supplementary Information Other Information Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 2 Packet Pg. 571 22.a Government Auditing Standards Government Auditing Standards, Government Auditing Standards Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 3 Packet Pg. 572 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 4 Packet Pg. 573 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 5 Packet Pg. 574 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 6 Packet Pg. 575 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 7 Packet Pg. 576 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 8 Packet Pg. 577 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 9 Packet Pg. 578 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 10 Packet Pg. 579 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 11 Packet Pg. 580 22.a Economics Capital Construction and Upcoming Projects Rates Joint Partnership with East Valley Water District Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 12 Packet Pg. 581 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 13 Packet Pg. 582 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 14 Packet Pg. 583 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 15 Packet Pg. 584 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 16 Packet Pg. 585 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 17 Packet Pg. 586 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 18 Packet Pg. 587 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 19 Packet Pg. 588 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 20 Packet Pg. 589 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 21 Packet Pg. 590 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 22 Packet Pg. 591 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 23 Packet Pg. 592 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 24 Packet Pg. 593 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 25 Packet Pg. 594 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 26 Packet Pg. 595 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 27 Packet Pg. 596 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 28 Packet Pg. 597 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 29 Packet Pg. 598 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 30 Packet Pg. 599 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 31 Packet Pg. 600 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 32 Packet Pg. 601 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 33 Packet Pg. 602 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 34 Packet Pg. 603 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 35 Packet Pg. 604 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 36 Packet Pg. 605 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 37 Packet Pg. 606 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 38 Packet Pg. 607 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 39 Packet Pg. 608 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 40 Packet Pg. 609 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 41 Packet Pg. 610 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 42 Packet Pg. 611 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 43 Packet Pg. 612 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 44 Packet Pg. 613 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 45 Packet Pg. 614 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 46 Packet Pg. 615 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 47 Packet Pg. 616 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 48 Packet Pg. 617 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 49 Packet Pg. 618 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 50 Packet Pg. 619 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 51 Packet Pg. 620 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 52 Packet Pg. 621 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 53 Packet Pg. 622 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 54 Packet Pg. 623 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 55 Packet Pg. 624 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 56 Packet Pg. 625 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 57 Packet Pg. 626 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 58 Packet Pg. 627 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 59 Packet Pg. 628 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 60 Packet Pg. 629 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 61 Packet Pg. 630 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 62 Packet Pg. 631 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 63 Packet Pg. 632 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 64 Packet Pg. 633 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 65 Packet Pg. 634 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 66 Packet Pg. 635 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 67 Packet Pg. 636 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 68 Packet Pg. 637 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 69 Packet Pg. 638 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 70 Packet Pg. 639 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 71 Packet Pg. 640 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 72 Packet Pg. 641 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 73 Packet Pg. 642 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 74 Packet Pg. 643 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 75 Packet Pg. 644 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 76 Packet Pg. 645 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 77 Packet Pg. 646 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 78 Packet Pg. 647 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 79 Packet Pg. 648 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 80 Packet Pg. 649 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 81 Packet Pg. 650 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 82 Packet Pg. 651 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 83 Packet Pg. 652 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 84 Packet Pg. 653 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 85 Packet Pg. 654 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 86 Packet Pg. 655 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 87 Packet Pg. 656 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 88 Packet Pg. 657 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 89 Packet Pg. 658 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 90 Packet Pg. 659 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of Packet Pg. 660 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of Packet Pg. 661 22.a Government Auditing Standards Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of Packet Pg. 662 22.a GOVERNMENT AUDITING STANDARDS Government Auditing Standards deficiency in internal control material weakness significant deficiency Government Auditing Standards An Association of Independent Accounting Firms Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Phone: 714.672.0022 Packet Pg. 663 22.a Government Auditing Standards Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 2 Packet Pg. 664 22.a OMB Compliance Supplement Management’s Responsibility Auditor’s Responsibility Government Auditing Standards, Code of Federal RegulationsUniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Opinion on Each Major Federal Program An Association of Independent Accounting Firms Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Phone: 714.672.0022 Packet Pg. 665 22.a deficiency in internal control over compliance material weakness in internal control over compliance significant deficiency in internal control over compliance Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 4 Packet Pg. 666 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 5 Packet Pg. 667 22.a SAN BERNARDINO MUNICIPAL WATER DEPARTMENT SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE FISCAL YEAR ENDED JUNE 30, 2019 FederalProgram CFDAIdentificationProgram Federal Grantor/Pass-Through Grantor/Program TitleNumberNumberExpenditures U.S. Department of Interior Direct Award: Title XVI Water Reclamation and Reuse15.504R10AC35282$ 129,122 Total U.S. Department of the Interior129,122 Environmental Protection Agency Direct Award: Superfund State, Political Subdivision, and Indian Tribe Site-Specific Cooperative Agreements66.802V-00T73801-519,840 Consent Decree *66.000# Operations and maintenance: Newmark873,956 Muscoy655,328 Site wide monitoring110,573 Project management189,766 Subtotal - Consent Decree1,829,623 Total Environmental Protection Agency1,849,463 Total Federal Expenditures$ 1,978,585 *Major Program # A PIN number has not been assigned Note a:Refer to Note 1 to the schedule of expenditures of federal awards for a description of significant accounting policies used in preparing this schedule. Note b:There was no federal awards expended in the form of noncash assistance and insurance in effect during the year. Note c:Total amount provided to subrecipients during the year was $0. Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 6 Packet Pg. 668 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 7 Packet Pg. 669 22.a Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 8 Packet Pg. 670 22.a Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 9 Packet Pg. 671 22.a ÐTrusted, Quality Service since 1905Ñ Attachment: SBMWD Comprehensive Annual Financial Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of 10 Packet Pg. 672 22.b Attachment: Water Board Staff Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of SBMWD for FY Ended June Packet Pg. 673 22.b Attachment: Water Board Staff Report (6512 : Receive/File the Audited Comprehensive Annual Financial Report of SBMWD for FY Ended June Packet Pg. 674 23 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Jim Tickemyer, Parks, Recreation, & Community Services Director Subject: Senior Services Trust Accounts Transfer to the General Fund FY 2019/20 Recommendation Adopt Resolution No. 2020-8 of the Mayor and City Council of the City of San Bernardino, California, approving Senior Services Trust Accounts Transfer to the General Fund for FY 2019/20. Background The Parks, Recreation and Community Services Department programs the Perris Hill and Fifth Street Senior Centers specifically to serve the senior-age population of the City. Fifth Street Senior Center is located in downtown San Bernardino at 600 West Fifth Street. Activities include billiards, cards, chess, puzzles, computer literature, dominoes, crochet/knitting, arts & crafts, walking class, ice cream socials, dollar dances, bingo, Wii fitness, and blood pressure checks. st Perris Hill Senior Center is located at Perris Hill Park at 780 East 21 Street. Activities include billiards, cards, chess, dominos, bingo, bridge, health and fitness class, brain fitness, line dancing, aerobics, Wii fitness, crochet/knitting, cinema time, coloring, and ice cream socials. A daily lunch meal is served at both locations through the Senior Nutrition Program Monday through Thursday and on Fridays only at the Fifth Street location. Early dinner is also served on Tuesday and Thursday. All seniors 60 years of age or better qualify for this meal. The lunch meal for many is the only meal they receive a day. Over 50,000 Other invaluable programs offered at the Centers include the Retired and Senior Volunteer Program, which takes senior volunteers and places them in community service activities, and the Senior Companion Program, whereby senior-age companions assist fellow senior and challenged clients with many of the Thanksgiving, and the Packet Pg. 675 Page 1 23 6544 Christmas Holiday event, where dance, music, and refreshments/snacks are a common th staple of those events. The 5 Street Center especially serves as a referral for many other critical services for seniors, oftentimes hosting workshops on financial management, personal safety, healthcare, wills and after-life planning, depression and mental wellness, travel, and a variety of other topics of interest to community living for seniors. Two key regional-serving events include the Inland Empire Senior Games and the Ollie McDonald Senior Talent Showcase. The Inland Empire Senior Games serves 300+ senior-age area athletes each year since 1987, offering an opportunity for seniors to participate through an all-year-long practice commitment in various sporting competitions (tennis, table tennis, softball, pickleball, basketball, billiards, horseshoes, swimming, bowling, 5K Run, and golf). Over 125 guests attend the Opening Ceremonies & Dance, also with a Closing Ceremony themed-dance and Health Fair. Several area cities and businesses offer their venues for use. The Ollie McDonald Senior Talent Showcase brings together the music, song, dance, and other life-long performance talents of 30+ seniors for a fantastic weekend performance before the community. The General Fund obligation currently fulfills the costs of general building operation and personnel to plan and supervise activities and services, as well as basic program costs. The Department supplements programs and activities through fundraisers and donations, relying solely upon trust account revenue from user fees, donations. Discussion Reliance upon donations and fundraisers, due to limited funding and an inability to secure adequate user fee revenue from fixed-income seniors, is vital to supplement support for senior service program operations. In order to expedite the provision of senior services, the Department is requesting the appropriation of most of the balances of these two senior services trust accounts (Fifth Street Senior Center Trust Account and Senior Games Trust Account) into General Fund expenditure accounts as needed for FY2019-2020. Most importantly, this revenue was collected from donors or earned through fundraising activities with this objective in mind. This will not only honor that fundraising commitment but ensure that we provide quality programming through a diverse offering of senior services to meet the growing senior-age population needs and desires in San Bernardino, necessary to offset the decline of the General Fund portion for the Department as a whole. 2019-20 Goals and Objectives The transference of revenue from Senior Services Trust Accounts to FY 2019/20 Budget for expenditure most aligns with Goal No. 6: Operate in a fiscally responsible and business-like manner. This revenue will directly benefit senior service activities in supplementing the current shortfall and enhancing basic essential program service delivery supplies but also in the replacement of damaged, deteriorated, or lacking equipment. To a similar degree, this action aligns with Goal No. 7: Pursue City goals and objectives by working with other agencies. Senior Services inherently partners with Packet Pg. 676 Page 2 23 6544 a host of government agencies, non-profits, community groups, and volunteers through outreach, referral, promotion, and other grant-funded activities. Fiscal Impact The current Senior Services division (001-380-0075) is budgeted at $336,800 (FY 2019/20). The balance after approval of this transfer will increase the original amount to $357,175. This requires an appropriation of $20,375 from Trust Account revenue th ($7,640 from 772-380-2403, 5 Street Senior Center and $12,735 from 772-380-2371 Senior Olympics) to the General Fund for the Parks, Recreation and Community Services Department Senior Services expenditure accounts materials and supplies in the amount of $19,100 (account 001-380-0075-5111) and advertising in the amount of $1,275 (account 001-380-0075-5121). It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-8, approving the Senior Services Trust Accounts Transfer to the General Fund for FY 2019/20. Attachments Attachment 1 Resolution; Exhibit A - Senior Services Trust Accounts Transfer to the General Fund for FY 2019/20 Attachment 2 FY 2019/20 Senior Services Trust Account Revenue Transfer Ward: All Synopsis of Previous Council Actions: February 7, 2018 Mayor and City Council approved Resolution No. 2018-26, authorizing the Director of Administrative Services to transfer $9,900 in un-appropriated trust account revenue to the Senior Services General Fund expenditure accounts for FY 2016/17. September 2, 2014 Mayor and City Council approved Resolution No. 2014-332, authorizing the Director of Administrative Services to transfer $7,780 in un-appropriated trust account revenue to the Senior Services General Fund expenditure accounts for FY 2014/15. Packet Pg. 677 Page 3 23.a Resolution No. 2020-8 RESOLUTION NO. 2020-8 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE FINANCE DIRECTOR TO ALLOCATE UNAPPROPRIATED SENIOR SERVICES TRUST ACCOUNT REVENUE (DONATIONS/FUNDRAISERS) TO THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT GENERAL FUND EXPENDITURE ACCOUNTS FOR SENIOR SERVICES IN THE AMOUNT OF $20,375 WHEREAS, the staff in the Department of Parks, Recreation and Community Services Department has diligently conducted fundraising activities to supplement the provision of Senior Services in the community of San Bernardino; and WHEREAS, individuals, businesses, and community groups have made donations in support of the needs of the senior-age population in the City of San Bernardino; and WHEREAS, the City has entrusted this revenue of $20,375 in unallocated trust accounts for future spending. 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; and, SECTION 2. The Mayor and City Council hereby authorize the Finance Director, pursuant to this determination, to appropriate funds in the amount of $20,375 from trust accounts 772-380-2403 ($7,640), and 772-380-2371 ($12,735) into account number 001-380-0075 (Senior Services General Fund) pursuant to the FY2019-2020 Senior Services Trust Account Transfer reference as fully as though set forth at length; and, SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. Attachment: PR.Senior Services Trust Accounts Transfer FY 2019-2020.RESOLUTION (6544 : Senior Services Trust Accounts Transfer to the Packet Pg. 678 23.a Resolution No. 2020-8 SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Attachment: PR.Senior Services Trust Accounts Transfer FY 2019-2020.RESOLUTION (6544 : Senior Services Trust Accounts Transfer to the Packet Pg. 679 23.a Resolution No. 2020-8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Georgeann Hanna, MMC, City Clerk Attachment: PR.Senior Services Trust Accounts Transfer FY 2019-2020.RESOLUTION (6544 : Senior Services Trust Accounts Transfer to the Packet Pg. 680 Attachment: PR.Senior Services Trust Account Transfer FY2019-20.ATTACHMENT 1. EXHIBIT A (6544 : 23.b 45.4440.3094.0061.00 150.00 100.00 100.00 100.00 500.00 500.00 500.00 100.00 500.00 250.00 450.00 250.00 400.00 300.00 200.00 100.00 250.00 100.00 800.00 150.00 600.00 Packet Pg. 681 1,000.00 Total $7,640.74 Amount $500.00$525.00$525.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL $0.00$0.00 587257587267587268587274587277587289584134584137584140584142584143588251588257588258588252588253590002590007590008590009588284590551590556590567590573590858 $500.00 Receipt # 0075-5121 Advertising 24032403240324032403240324032403240324032403240324032403240324032403240324032403240324032403240324032403 Acct# $0.00 $525.00$525.00 Materials 0075-5111 Décor Event SponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsor DonationDonationDonation Donation Advertising Door Prizes Donation / Sponsor HCAHCA Place SCANSCANSCANSCAN Donor SCAN Care 1st Five StarFive Star caremore HealthNet Health NetHealth Net Eloise Reyes Blue Anthem Saturday DanceSaturday DanceSaturday Dance AARP ($331.50) Pechanga Casino Five Star QualityFive Star Quality Pechanga Bus Trip ACTIVITY Intervally Health Net Ollie McDonald ShowOllie McDonald ShowOllie McDonald Show Pinnacle Medical Group DateDate Monday, June 13, 2016Monday, June 04, 2018 Tuesday, May 02, 2017Tuesday, May 02, 2017 Saturday, May 06, 2017Saturday, May 06, 2017 Thursday, July 27, 2017Thursday, July 27, 2017Thursday, July 27, 2017Thursday, July 27, 2017Monday, April 16, 2018 Friday, August 18, 2017Tuesday, April 30, 2019 Thursday, May 19, 2016 Monday, March 28, 2016Monday, March 28, 2016 Thursday, March 16, 2017Thursday, March 16, 2017Thursday, March 30, 2017 Thursday, January 26, 2017 Monday, February 27, 2017 Sunday, December 01, 2019Sunday, December 01, 2019Sunday, December 01, 2019 Wednesday, March 15, 2017 Tuesday, December 01, 2015 Tuesday, September 13, 2016 Wednesday, February 14, 2018 Wednesday, December 20, 2017 Fifth Street Senior Center Trust Account - 2403FROM TRUST 2403 - FIFTH STREET Attachment: PR.Senior Services Trust Account Transfer FY2019-20.ATTACHMENT 1. EXHIBIT A (6544 : 23.b 1.00 50.0040.0025.0010.0075.0010.00 323.00 250.00 500.00 250.00 250.00 250.00 500.00 100.00 250.00 500.00 250.00 Packet Pg. 682 1,000.001,000.001,125.00 $7,640.00 Amount $750.00$300.00$750.00$500.00 $1,000.00$2,000.00$1,290.00$7,640.00$7,140.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL $0.00$0.00$0.00$0.00$0.00$0.00 587264587266587279587282587280588281587281588266588267588268588270588276588290590568590569590571590574590577590592590594 $500.00 Receipt # 1000147.004 237123712371237123712371237123712371237123712371237123712371237123712371237123712371 Acct# $750.00$300.00$750.00 $1,000.00$2,000.00$1,290.00$7,140.00 SponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsor DonationDonationDonationDonation Sport event Senior Games Senior ProgramSenior Program Senior Facilities Donation / Sponsor Receiver and Mics / Head Mic AGA IEHP CCAF Villias Donor Cookoff DonationDonationDonation Omintrans Health Net Robert Ball Sip and Paint Mark B Shaw Cherly Brown Marks B Shaw Eagles Fraternal Senior Programs Pechanga ($500) 1st Valley Credit Pechanga - Sponsor Regal Medical GroupRegal Medical Group Intervalley - Senior G Pickelball Tournament PA System - Perris Hill SG App Weir- Donation Softball Team Equipment Date Monday, June 04, 2018 Tuesday, May 01, 2018 Thursday, July 21, 2016Monday, April 16, 2018Monday, April 16, 2018 Friday, August 18, 2017Friday, August 18, 2017Friday, August 25, 2017Friday, August 25, 2017Friday, August 25, 2017Friday, August 25, 2017 Monday, March 28, 2016Monday, March 28, 2016 Monday, August 27, 2018Monday, August 27, 2018 Wednesday, June 27, 2018 Monday, October 02, 2017 Thursday, August 18, 2016 Friday, September 09, 2016Friday, September 01, 2017Friday, September 01, 2017 Wednesday, January 1, 2020 Wednesday, January 01, 2020Wednesday, January 01, 2020Wednesday, January 01, 2020Wednesday, January 01, 2020Wednesday, January 01, 2020 Total Amount Transferred from 772-381-2403 to 0075-5111Total Amount Transferred from 772-381-2403 to 0075-5121Senior Games Trust Account - 2371 Attachment: PR.Senior Services Trust Account Transfer FY2019-20.ATTACHMENT 1. EXHIBIT A (6544 : 23.b 2.001.00 9.00 5.00 2.00 25.0025.0060.0020.0017.0010.00 300.00 300.00 250.00250.00250.00 250.00 250.00 100.00 500.00 250.00 100.00 Packet Pg. 683 1,000.001,000.001,000.00 Total 12,735.00 $775.00$835.00 $1,650.00$1,000.00$2,241.00$1,000.00$1,000.00$3,000.00$1,234.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL $0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00 590702590705590746590938590942590946590947590856590857590859590863590864590865590866590867590868590869590870 $775.00 161.0040160.0040163.0040166.0040173.0040184.0040186.0040 0075-5121 Advertising 2371237123712371237123712371237123712371237123712371237123712371237123712371237123712371237123712371 $0.00 $835.00 Materials $1,650.00$1,000.00$2,241.00$1,000.00$1,000.00$3,000.00$1,234.00 0075-5111 SponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsorSponsor Activity DonationDonationDonationDonationDonationDonationDonationDonationDonation Door PrizesDoor Prizes Senior Events Senior Games Events Both Senior Facilities Bingo Supplies and Prizes Both Senior Facilities-SrGBoth Senior Facilities-SrG Dances and Monthly Programs IEHP Place Care 1st Don Weir SCAN - SG HBRC - SG Henry Valles Leotha Davis Craig Walker Pinnacle - SGPinnacle - SG Robert Ballard Wendell Wilson American LegionTwo Way Radios Arrowhead OrthoSecurity Cameras Pichardo Benefits Robert McMeekin Senior Recognition Folding Tables - 16 Pechanga - Sponsor Harbage Consulting Derrick Stockhausen Donation Arrowhead Regal Medical Group VFW Pst 10267 JupruaSenior Programs Bingo Heavy Duty Chairs - 20 Ollie Donation- Debroah SG App Wilson-donation Senior Games Advertising Senior Games Door Prizes Bright Water Senior living Senior Programs Door Prizes Date ACTIVITY Monday, July 22, 2019Monday, July 22, 2019 Tuesday, April 02, 2019Tuesday, April 02, 2019Tuesday, April 16, 2019Tuesday, April 16, 2019Tuesday, April 30, 2019 Monday, August 05, 2019Monday, August 05, 2019Monday, August 26, 2019Monday, August 26, 2019 Sunday, December 1, 2019Sunday, December 1, 2019Sunday, December 1, 2019Sunday, December 1, 2019Sunday, December 1, 2019Sunday, December 1, 2019 Thursday, August 15, 2019Thursday, August 15, 2019 Wednesday, January 1, 2020Wednesday, January 1, 2020Wednesday, January 1, 2020 Monday, September 17, 2018Monday, September 09, 2019Monday, September 09, 2019Monday, September 16, 2019 Tuesday, September 17, 2019 Wednesday, January 02, 2019 Saturday, September 21, 2019 Thursday, September 06, 2018Thursday, September 05, 2019Thursday, September 05, 2019 Wednesday, February 20, 2019 Wednesday, September 26, 2018 FROM TRUST 2371 - SENIOR GAMES Attachment: PR.Senior Services Trust Account Transfer FY2019-20.ATTACHMENT 1. EXHIBIT A (6544 : 23.b Packet Pg. 684 $775.00 $12,735.00 $12,735.00$11,960.00 $775.00 $11,960.00 TOTALTOTAL Total Amount Transferred from 772-381-2403 to 0075-5111Total Amount Transferred from 772-381-2403 to 0075-5121 24 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Michael Huntley, Community & Economic Development Director Subject: Amendment No. 3 to CSA with Moore Iacofano Goltsman, Inc for Signage Regulations Recommendation Adopt Resolution No. 2020-9 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute Amendment No. 3 to the Consulting Services Agreement with Moore Iacofano Goltsman, Inc. (MIG) to extend the term to December 31, 2020, for the completion of the Comprehensive Signage Regulations Update. Background 1991. While staff has been the signage regulations was not included due to previous budgetary constraints. On September 6, 2016, the Mayor and City Council adopted Resolution No. 2016-181, approving the Consulting Services Agreement with Moore Iacofano Goltsman, Inc. 2018, an amendment to the original contract extended the contract date to December 2018. In January 2019, a second amendment to the original contract extended the contract date to December 2019. Discussion An administrative draft of the comprehensive update to the signage regulations was completed during the summer of 2017. At additional meetings that were not included as part of the original scope of services, but were agreed to be necessary for the success of the project. To accommodate the City, MIG adjusted their budget line item amounts within their original budget of $59,925 in order to remain on schedule. The additional services included workshops with the business community through the collaboration with the Chamber of Commerce and assistance with the materials presented to the Planning Commission during the preliminary review workshops. Progress on the Sign Code Update stalled in 2018 with changes to senior staff in the Community Development Department, the change in legal services for the City, and the Packet Pg. 685 Page 1 24 6550 restructuring of the Community Development Department to the Community and Economic Development Department. Work has since commenced and revisions have been made to the draft Comprehensive Sign Regulations Update. Sign Code Update The current contract for the Comprehensive Sign Regulations Update expired on December 31, 2019. The proposed amendment would extend the contract through December 31, 2020. Adoption of the Comprehensive Sign Regulations is expected to occur in the first quarter of 2020. 2019-20 Goals and Objectives The request for Amendment Number Three, a time extension aligns with Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City that will allow for the adoption of a more modern and comprehensive set of development standards for signage within the community. Fiscal Impact The adoption of the third amendment does not require the procurement of any additional funds. There is sufficient funding in the FY 2019/20 Budget in account number: 001-180-0029-5502, and no additional funds are needed to complete the Comprehensive Sign Regulations Update. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-9, authorizing the City Manager to execute Amendment No. 3 to the Consulting Services Agreement with Moore Iacofano Goltsman, Inc. (MIG) extending the term to December 31, 2020, for the completion of the Comprehensive Signage Regulations Update. Attachments Attachment 1 Resolution; Exhibit A - Amendment Number Three Attachment 2 Original Agreement dated September 6, 2016 Ward: Synopsis of Previous Council Actions: Sept. 6, 2016 Mayor and City Council adopted Resolution No. 2016-181, approving a contract with Moore Iacofano Goltsman, Inc. April 18, 2018 Mayor and City Council adopted Resolution No. 2018-114, approving Amendment Number One with Moore Iacofano Goltsman, Inc. Jan. 2, 2019 Mayor and City Council adopted Resolution No. 2019-5, approving Amendment Number Two with Moore Iacofano Goltsman, Inc. Packet Pg. 686 Page 2 24.a Resolution No. 2020-9 RESOLUTION NO. 2020-9 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE CONSULTING SERVICES AGREEMENT WITH MOORE IACOFANO GOLTSMAN, INC. TO EXTEND THE TERM TO DECEMBER 31, 2020 FOR THE COMPLETION OF THE COMPREHENSIVE SIGNAGE REGULATIONS UPDATE WHEREAS, on September 6, 2016, the Mayor and City Council adopted a Resolution approving the Consulting Services Agreement with Moore Iacofano Goltsman, Inc. (MIG) to ; and WHEREAS, in April 2018, staff took an amendment to the original contract requesting an additional $3,000 to cover the cost of two public meetings and extended the contract date to December 2018; and WHEREAS, in January 2019 staff took a second amendment to the original contract requesting an additional $5,000 to cover the cost of additional meetings and revisions and extended the contract date to December 2019. 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 City Manager or her designee is hereby authorized and directed to execute Amendment No. 3 to the Consulting Services Agreement with Moore Iacofano Goltsman, Inc. to extend the term until December 31, 2020. SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. Attachment: CED.MIG CSA Amendment.Resolution (6550 : Amendment No. 3 to CSA with Moore Iacofano Goltsman, Inc for Signage Packet Pg. 687 24.a Resolution No. 2020-9 APPROVED and ADOPTED by City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney Attachment: CED.MIG CSA Amendment.Resolution (6550 : Amendment No. 3 to CSA with Moore Iacofano Goltsman, Inc for Signage Packet Pg. 688 24.a Resolution No. 2020-9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-9, adopted at a regular meeting held at the ___ day of _______, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. ______________________________ Georgeann Hanna, MMC, City Clerk Attachment: CED.MIG CSA Amendment.Resolution (6550 : Amendment No. 3 to CSA with Moore Iacofano Goltsman, Inc for Signage Packet Pg. 689 24.b Attachment 1 AMENDMENT NUMBER THREE TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND MOORE IACOFANO GOLTSMAN, INC. FOR THE PREPARATION OF THE COMPREHENSIVE SIGNAGE REGULATIONS UPDATE THIS AMENDMENT NUMBER THREE TO AGREEMENT is made and entered into th this 15 day of January, 2020 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a charter city ("CITY"), and MOORE IACOFANO GOLTSMAN, INC. ("CONSULTANT"). WHEREAS, CITY and CONSULTANT entered into the Original Consulting Services Agreement on September 6, 2016; and WHEREAS, CITY and CONSULTANT entered into Amendment Number One to the Agreement on April 18, 2016; and WHEREAS, CITY and CONSULTANT entered into Amendment Number Two to the Agreement on January 2, 2019; and WHEREAS, CITY and CONSULTANT now desire to extend the term of the Agreement to December 31, 2020. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 3.1 Term This Agreement shall commence on the Effective Date and continue through December 31, 2020, unless the Agreement is previously terminated as provided for herein. 2. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Three to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, MOORE IACOFANO GOLTSMAN, INC. a charter city Consultant _________________________________ ________________________ Teri Ledoux, City Manager Signature _________________________ Name and Title Attachment: CED.MIG CSA Amendment.Amendment Three.Attachment 1-Exhibit A \[Revision 1\] (6550 : Amendment No. 3 to CSA with Moore 1 Packet Pg. 690 24.c Attachment: CED.MIG CSA Amendment.CSA.Attachment 2 (6550 : Amendment No. 3 to CSA with Moore Iacofano Goltsman, Inc for Signage Packet Pg. 691 24.c Attachment: CED.MIG CSA Amendment.CSA.Attachment 2 (6550 : Amendment No. 3 to CSA with Moore Iacofano Goltsman, Inc for Signage Packet Pg. 692 24.c Attachment: CED.MIG CSA Amendment.CSA.Attachment 2 (6550 : Amendment No. 3 to CSA with Moore Iacofano Goltsman, Inc for Signage Packet Pg. 693 24.c Attachment: CED.MIG CSA Amendment.CSA.Attachment 2 (6550 : Amendment No. 3 to CSA with Moore Iacofano Goltsman, Inc for Signage Packet Pg. 694 24.c Attachment: CED.MIG CSA Amendment.CSA.Attachment 2 (6550 : Amendment No. 3 to CSA with Moore Iacofano Goltsman, Inc for Signage Packet Pg. 695 24.c Attachment: CED.MIG CSA Amendment.CSA.Attachment 2 (6550 : Amendment No. 3 to CSA with Moore Iacofano Goltsman, Inc for Signage Packet Pg. 696 24.c Attachment: CED.MIG CSA Amendment.CSA.Attachment 2 (6550 : Amendment No. 3 to CSA with Moore Iacofano Goltsman, Inc for Signage Packet Pg. 697 24.c Attachment: CED.MIG CSA Amendment.CSA.Attachment 2 (6550 : Amendment No. 3 to CSA with Moore Iacofano Goltsman, Inc for Signage Packet Pg. 698 25 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Michael Huntley, Community & Economic Development Director Subject: Repayment to Local HOME Account for 2011 Housing Acquisition, Rehabilitation & Resale Property Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the repayment of $207,030 in HOME funds expended on the property at 140 13th Street, San Bernardino; and 2. Direct the Finance Director to transfer $207,030 from the Successor Agency Housing Cash account (127-1001-001) to the HOME Program Income account (117-180-0000*4699), immediately upon approval of this recommendation; and 3. Direct the Finance Director to provide proof of such transfer in a form acceptable to the US Department of Housing and Urban Development and authorize the Finance Director to amend the FY 2019-20 Adopted Budget accordingly. Background In August 2011, Affordable Housing Solutions of San Bernardino, Inc., a 501(c)(3) public benefit corporation (AHS), sponsored by the Redevelopment Agency of the City of San Bernardino, approved a Master Agreement (Agreement) with Neighborhood Housing Services of the Inland Empire (NHSIE), in the amount of $400,000. The Agreement charged NHSIE with the administration of an acquisition, rehabilitation and resale program (ARR), on behalf of the City, for single-family residences within a designated area of Ward 1. The acquisition, rehabilitation and resale program was funded with HOME Investment Partnerships Program (HOME) dollars. Between 2012 and 2016 the Agreement was amended six times to: 1. Address various deficiencies in the Master Agreement; 2. Expand the program to the entirety of Ward 1; 3. Expand the program city-wide; 4. Extend the term of the agreement; Packet Pg. 699 Page 1 25 6554 5. Increase the contract amount three times, until it totaled $1.8 million in HOME funds; 6. Extend the term to December 31, 2016. Eight single family homes were acquired for the ARR program, but only seven were rehabilitated and sold to qualifying low-income families. The eighth property, located at th 140 W. 13 Street was not completed. Once the rehabilitation began on the property, it became evident that there were significant problems that had not been evident during inspection for preparation of the scope of work. Consequently, the cost of the rehabilitation escalated and work could not proceed to completion. The house was subsequently vandalized and was demolished a year ago, as a result of a fire that destroyed the structure beyond repair. Discussion The United States Department of Housing and Urban Development (HUD) has informed the City that pursuant to the HOME regulations, the HOME funds expended for the ARR activity, $1.5 million must be repaid from non-federal sources. At the time a HOME Disbursement and Information System tracking and reporting system for all HOME projects. Since, eight properties were entered into IDIS, to set up the activity and funds were drawn down for all eight properties, HUD requires that beneficiary data (homeowner data in this case) for all eight properties be provided in IDIS. In a letter dated October 3, 2019, the City requested that HUD reconsider the repayment amount, and instead consent to accept repayment of $207,030, which is the th amount expended on 140 13 Street. On November 21, 2019, the City received a response from HUD indicating that they were willing to accept repayment of only the th funds expended on 140 13 Street. HUD is not requiring that the funds be repaid into the Federal Treasury, which would permanently preclude future use of the HOME funds by the City. Instead, HUD is requiring that repayment be made into the local HOME Program Income account which will allow the funds to be used again for HOME eligible activities. Furthermore, since the funds to repay HOME must be from non-federal sources, as long as the lot at 140 13th Street is used for affordable housing in the future, Successor Agency housing set- aside funds can be used to repay the local HOME funds, instead of General Fund dollars. 2019-20 Goals and Objectives The request to repay HOME funds from the Successor Agency housing set-aside account aligns with Goal No. 6: Operate in a fiscally responsible and business-like manner. Fiscal Impact To approve the repayment of $207,030 in HOME funds expended on the property at 140 13th Street would entail a one-time transfer (appropriation) in the amount of Packet Pg. 700 Page 2 25 6554 $207,030 from the Successor Agency Housing Cash account (127-1001-001) to the HOME Program Income account (117-180-0000*4699). Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the repayment of $207,030 in HOME funds expended on a property at 140 13th Street, San Bernardino; and 2. Direct the Finance Director to transfer $207,030 from the Successor Agency housing cash account (127-1001-001) to the HOME Program Income account (117-180-0000*4699) immediately upon Council approval of this recommendation; and 3. Direct the Finance Director to provide proof of such transfer in a form acceptable to the Department of Housing and Urban Development and authorize the Finance Director to amend the FY 2019-20 Adopted Budget accordingly. Attachments None Ward: N/A Synopsis of Previous Council Actions: August 2011 Affordable Housing Solutions (AHS) approved a Master Agreement with Neighborhood Housing Services of the Inland Empire (NHSIE) for $400,000. May 2012 AHS approved Amendment No. 1 to the Master Agreement. July 2012 AHS approved Amendment No. 2 to the Master Agreement. June 2014 AHS approved Amendment No. 3 to the Master Agreement. July 2014 AHS approved Amendment No. 4 to the Master Agreement. December 2015 AHS approved Amendment No. 5 to the Master Agreement. June 2016 AHS approved Amendment No. 6 to the Master Agreement. Packet Pg. 701 Page 3 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 26 Staff Report City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Michael Huntley, Community & Economic Development Director Subject: Annexation of the Remaining Unincorporated Island of Land Abutting Spring Trails Specific Plan Area Recommendation Adopt Resolution No. 2020-11 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex a 26-acre area containing six parcels in the unincorporated County that is totally-surrounded by the City of San Bernardino, and direct the City Manager to submit the Resolution to the Executive Officer of LAFCO. Background In March 2013, the City of San Bernardino approved the Spring Trails Specific Plan (SP10-01) that included a variety of underlying entitlements. The Specific Plan approvals included the adoption of Resolution No. 2013-34 that certified the Final Environmental Impact Report; the adoption of a Mitigation Monitoring and Reporting Plan; adoption of a General Plan Amendment No. GPA-02-09 (including the pre- annexation of the Specific Plan area); approval of Tentative Tract Map No. 15576; and approval of a Development Agreement. In March 2015, the applicant, Montecito Equities, Ltd., filed a Landowner Petition for annexation with the San Bernardino County Local Area Formation Commission approval of the annexation of the area known as Spring Trails into the City of San Bernardino (Note: Additional details of the annexation proceedings are provided in both Attachments 1 and 2). Discussion On October 16, 2019, LAFCO adopted Resolution No. 3091 approving the annexation of the Spring Trails Specific Plan Project Area (LAFCO Annexation No. 3188A) into the City of San Bernardino, subject to certain conditions of approval. During the processing of the annexation, there was a 26-acre area including 6 parcels that was removed from the annexation that created an unincorporated island surrounded by the City of San Bernardino. This area was removed because the registered voters occupying the six single-family residences located within the Project area had vocally opposed the Spring Packet Pg. 702 Page 1 26 6579 Trails Specific Plan Project, and it was unlikely that the annexation of the entire area including the island would be successful. As a result, the annexation continued without the unincorporated island area (See Attachment 2, Location Map - Remaining Unincorporated Island). With respect to the above mentioned conditions of approval, LAFCO imposed the Condition of Approval No. 4 that states the following: The City of San Bernardino shall be required to initiate annexation of the totally-surr LAFCO 3188A (a copy of which is attached as Exhibit B). A resolution by the City Council of the City of San Bernardino shall be submitted to the ommitment to fulfilling this requirement prior to the issuance of the Certificate of Completion for LAFCO 3188A. A status report shall be provided to the Commission at the six month date outlining the progress of the City of San Bernardino in fulfilling its obligation. Failure on the part of the City of San Bernardino to fulfill its commitment to annex the totally-surrounded island shall require that the next annexation proposed to the City of San Bernardino, either by the City through resolution or by property owner/registered voter petition to include a condition requiring the initiation of annexation of the totally- surrounded island. Said condition of approval shall be deemed completed upon the issuance of the Certificate of Filing for said island. The above Condition of Approval No. 4 imposed by LAFCO holds the Certificate of Completion for LAFCO Annexation No. 3188A (Spring Trails Specific Plan Project Area) on hold until a) the City of San Bernardino City Council adopts a resolution identifying its commitment to annex the 26-acre unincorporated island area at some time in the future, and b) the City submits a copy of the adopted resolution to the Executive Officer of Montecito Equities, Ltd., ability to proceed with the construction of the project until after the City Council adopts a resolution confirming its intent to annex the unincorporated island area into the City a sometime in the future. 2019-20 Goals and Objectives The proposed adoption of a Resolution committing to the annexation of the remaining unincorporated island area is consistent with Goal No 4: Ensure Development of a Well- Planned, Balanced, and Sustainable City in that the area considered for annexation is Fiscal Impact There is no fiscal impact associated with the adoption of the Resolution committing to the future annexation of the remaining unincorporated island. Conclusion On October 16, 2019, LAFCO adopted Resolution No. 3091 approving the annexation Packet Pg. 703 Page 2 26 6579 of the Spring Trails Specific Plan Project Area (LAFCO Annexation No. 3188A) into the City of San Bernardino, subject to certain conditions of approval. A condition of approval was included as part of the Resolution No. 3091 that requires the Mayor and the City Council of the City of San Bernardino adopt a resolution confirming its intent to annex the unincorporated island area into the City a sometime in the future. Bernardino, California declaring its intention to annex a 26-acre area containing six parcels in the unincorporated County that is totally-surrounded by the City of San Bernardino, and direct the City Manager to submit the adopted Resolution to the Executive Officer of LAFCO. Attachments Attachment 1 November 18, 2019 Letter from Gresham Savage Attachment 2 Location Map - Remaining Unincorporated Island Attachment 3 August 21, 2019, LAFCO Agenda Packet Attachment 4 October 16, 2019, LAFCO Agenda Packet Attachment 5 Resolution Ward: Ward 5 Synopsis of Previous Council Actions: March 2013 The Mayor and Common Council at the time approve the Spring Trails Specific Plan and all other underlying entitlement for the project. Packet Pg. 704 Page 3 26.a Mark.Ostoich@GreshamSavage.comSanBernardinoOffice (909)8904499¬§¾(909)8909690 November18,2019 Ledoux_Te@sbcity.org VIAEMAIL ANDHANDDELIVERED TeriLedoux,CityManager CityofSanBernardino 290NorthDStreet SanBernardino,CA92401 Re:SpringTrailsSpecificPlanProject(SP1001) DearTeri: Asyouknow,werepresentMontecitoEquities,Ltd.,theowneranddeveloperofthe SpringTrailsSpecificPlanProject(SP1001),approvedbytheCityofSanBernardino inMarch2013.TheSpecificPlanapprovals,whicharefinalandfullyvested,include adoptionofResolutionNo.201334;certificationoftheFinalEnvironmentalImpact Report;adoptionoftheMitigationMonitoringandReportingPlan;adoptionof GeneralPlanAmendmentNo.GPA0209(includingpreannexationoftheSpecific Planarea);approvalofTentativeTractMapNo.15576;andapprovalofa DevelopmentAgreement(collectively,theȠ SpecificPlanApprovals ȡșȌ OnOctober16,2019,theSanBernardinoCountyLocalAgencyFormation CommissionadoptedResolutionNo.3091approvingtheannexationoftheProject (LAFCOAnnexationNo.3188A)intotheCity,subjecttocertainconditionsof approval.Theannexationresultedinthecreationofa26acretotallysurrounded islandareacomprisedofsixparcels.Althoughthesixparcelsreceivethebulkofthese municipalservicesfromtheCity(exceptforfire),theywillremainapartof unincorporatedCountyofSanBernardino(theȠ IslandArea ȡșȍuntileventually annexedintotheCity. WithrespecttotheIslandArea,theconditionsofapprovalimposedbyLAFCOin ResolutionNo.3091includedConditionNo.4,whichprovidesasfollows: TheCityofSanBernardinoshallberequiredtoinitiateannexationof thetotallysurroundedislandwithinoneyearoftheCommissions approvalofLAFCO3188A(acopyofwhichisattachedasExhibitB). SAN BERNARDINO550 East Hospitality Lane, Suite 300 San Bernardino, California 92408 Attachment: CED.Spring Trails.Attachment 1 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring SAN DIEGO 401 West A Street, Suite 925 San Diego, California 92101 RIVERSIDEMission Inn Plaza Riverside, California 92501 (By Appointment Only) GreshamSavage.com M681-000 -- 3770661.1 Packet Pg. 705 26.a TeriLedoux,CityManager CityofSanBernardino November18,2019 Page2 AresolutionbytheCityCounciloftheCityofSanBernardinoshall besubmittedtotheExecutiveOfficerofLAFCOoutliningtheCitys commitmenttofulfillingthisrequirementpriortotheissuanceofthe CertificateofCompletionforLAFCO3188A.Astatusreportshallbe providedtotheCommissionatthesixmonthdateoutliningthe progressoftheCityofSanBernardinoinfulfillingitsobligation. FailureonthepartoftheCityofSanBernardinotofulfillits commitmenttoannexthetotallysurroundedislandshallrequirethat thenextannexationproposedtotheCityofSanBernardino,eitherby theCitythroughresolutionorbypropertyowner/registeredvoter petition,toincludeaconditionrequiringtheinitiationofannexation ofthetotallysurroundedisland.Saidconditionofapprovalshallbe deemedcompletedupontheissuanceoftheCertificateofFilingfor saidisland. Ineffect,LAFCOConditionNo.4holdstheCertificateofCompletionforannexation oftheProjectinabeyanceunlessanduntil(i)theCityCounciladoptsaresolution Ƞµ»º²¯´¯´the"¯º¿ȟ¹©µ³³¯º³«´ºȡtoannextheIslandAreaatsomepointinthe futureand(ii)providestheadoptedresolutionto+ %".ȟ¹ExecutiveOfficer. Therefore,theannexationwillnotbecompleteandMontecitowillnotbepermittedto moveforwardwithconstructionoftheProjectinaccordancewiththeSpecificPlan ApprovalsuntilaftertheCityCounciladoptsaresolutionconfirmingitsintentto annextheIslandAreaintotheCityatsomefuturedate. ThepurposeofthisletteristoformallyrequestthattheCityCouncilconsiderthe futureannexationoftheIslandAreaandadoptionofaresolutionevidencingits commitmenttodoso,asrequiredunderConditionNo.4,atafuturehearing. BriefProjectandAnnexationHistory Asnotedabove,theProjecthaslongbeenincludedaspartofthe"¯º¿ȟ¹Sphereof Influence,andwasoriginallyentitledbytheCityinMarch2013.Followingthe March4,2013approvaloftheProject,theMayorandCommonCouncilconsidereda resolutiontoinitiatetheannexationoftheProject,includingtheIslandArea;however, theCommonCouncilultimatelyvotednottoinitiateannexationatitshearingheldon November3,2014.TheCommonCouncildidsodespitethefactthattheSpecificPlan Approvals,includingResolution201334andtheProjectDevelopmentAgreement, expresslyrequiretheCitytoinitiateannexationoftheProjectterritoryandthatfailure toinitiateannexationwouldconstituteabreachoftheseapprovals. Attachment: CED.Spring Trails.Attachment 1 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring M681-000 -- 3770661.1 Packet Pg. 706 26.a TeriLedoux,CityManager CityofSanBernardino November18,2019 Page3 Asaresultofthe"¯º¿ȟ¹failuretocomplywithitsobligationsundertheDevelopment AgreementandResolutionNo.201334toinitiateannexationoftheProjectterritory, MontecitofiledaLandownerPetitionforannexationwithLAFCOinMarch2015.The applicationwasbasedonananalysisthatconcludedthattheannexationterritory, withlessthan12registeredvoters,wasconsideredȠ»´¯´®§¨¯º«ªȡundertheLAFCO regulations.BecausethelandownedbyMontecito,thepetitioninglandowner, comprisedmostoftheassessedvaluewithintheannexationterritory,theproposed annexationoftheProjectterritoryasanȠ»´¯´®§¨¯º«ªȡterritorywasassuredof success. Afterthe"¯º¿ȟ¹approvaloftheProject,thevoterregistrationwithintheProjectarea suspiciouslyincreasedfromeightregisteredvoterstosixteenregisteredvoters 1 betweenApril2013andJune2015.Theresultofthisincreasewastoconvertthe annexationfromanȠ»´¯´®§¨¯º«ªȡterritorytoanȠ¯´®§¨¯º«ªȡterritory.Thevoter registrationincreasewassignificant,becausewheninhabitedterritoryisannexed,an electionmustbeheldandvotesarecastonapervoterbasis.Becausetheregistered votersallegedlyoccupyingthesixsinglefamilyresidenceslocatedwithintheProject territoryhadvocallyopposedtheProject,itwasunlikelythatannexationoftheProject andsurroundingareawouldbesuccessful.Forthisreasonandinordertofurtherthe ProjectconsistentwiththeSpecificPlanApprovals,Montecitowasforcedtoreduce theannexationterritorytoincludesolelytheSpecificPlanArea.Accordingly,thesix nonProjectparcelscomprisingtheIslandAreawereremovedfromtheProject 2 annexationterritory. AsaresultoftheremovaloftheIslandAreafromtheProject,thereorganization beforeLAFCOisconsideredanȠ¯¹²§´ªȡannexation.Section56744oftheCortese KnoxHertzbergLocalGovernmentReorganizationActof2000ȘȠ Act ȡșprovidesthat territorycannotbeannexedif,asaresultoftheannexation,unincorporatedterritoryis 1 Baseduponouranalysisofthevoterregistrationactivity,threeofthenewlyregisteredvoters resideatanaddressassignedtovacantland;oneofthenewlyregisteredvotershaslistedan addressthatisoutsidetheannexationarea(however,itisdepictedbytheRegistrarofVotersas beingwithintheannexationterritory);andthevoterregistrationcountdoubledforone residence,therebyincreasingtheregisteredvotersfortheparticularresidencefromtwotofour. ThesesuspiciousactivitieswerepromptlyreportedtotheRegistrarofVoters;however,the RegistrardeclinedtoinvestigateanddeferredthemattertotheDistrict ººµ¸´«¿ȟ¹Office. Ultimately,noactionwastakentoaddressthesevoterregistrationchangeswithintheProject territory. 2 Asnotedabove,theparcelscomprisingtheIslandAreareceiveallmunicipalservicesfromthe City,exceptforfirewhichisprovidedbytheCountyFireDepartmenttoallareasoftheCity. Attachment: CED.Spring Trails.Attachment 1 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring M681-000 -- 3770661.1 Packet Pg. 707 26.a Attachment: CED.Spring Trails.Attachment 1 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring Packet Pg. 708 26.a AttachmentA Attachment: CED.Spring Trails.Attachment 1 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring Packet Pg. 709 26.a Attachment: CED.Spring Trails.Attachment 1 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring Packet Pg. 710 26.a Attachment: CED.Spring Trails.Attachment 1 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring Packet Pg. 711 26.a Attachment: CED.Spring Trails.Attachment 1 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring Packet Pg. 712 26.a Attachment: CED.Spring Trails.Attachment 1 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring Packet Pg. 713 26.a Attachment: CED.Spring Trails.Attachment 1 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring Packet Pg. 714 26.a Attachment: CED.Spring Trails.Attachment 1 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring Packet Pg. 715 26.a Attachment: CED.Spring Trails.Attachment 1 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring Packet Pg. 716 26.a Attachment: CED.Spring Trails.Attachment 1 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring Packet Pg. 717 26.b Attachment: CED.Spring Trails.Attachment 2 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring Packet Pg. 718 26.c LOCAL AGENCY FORMATION COMMISSION FOR SAN BERNARDINO COUNTY 1170 West Third Street, Unit 150, San Bernardino, CA 92415-0490 (909) 388-0480 Fax (909) 388-0481 lafco@lafco.sbcounty.gov www.sbclafco.org DATE: AUGUST 14, 2019 FROM: SAMUEL MARTINEZ, Executive Officer MICHAEL TUERPE, Project Manager JEFFERY LUM, LAFCO GIS/Database Analyst ROBERT ALDRICH, Consultant TO: LOCAL AGENCY FORMATION COMMISSION SUBJECT: Agenda Item #8: LAFCO 3188A -- Reorganization to include Annexation to the City of San Bernardino and to the San Bernardino County Fire Protection District Zone FP-5 San Bernardino, and Detachment from County Service Area 70 (Spring Trails Specific Plan) INITIATED BY: Property Owner Petition Montecito Equities, Ltd., landowner BACKGROUND: The reorganization proposal is an annexation to the City of San Bernardino (hereafter the 1 and to Zone FP-5 San Bernardino of the San Bernardino County Fire Protection District, and detachment from County Service Area 70. The proposal encompasses approximately 350 acres and is generally located north of the Verdemont neighborhood, east of the community of Devore and northeasterly of the I-215 Freeway. The area is bordered by parcel lines on the north and east, a combination of parcel lines and the centerline of West Meyers Road (existing City of San Bernardino boundary) on the south, and parcel lines (portion of existing City boundary) on the west. A vicinity map is included as Attachment #1 to this report. The map below (Figure 1) provides a general location of the area to be annexed into the City. For over 20 years, the Local Agency Formation Commission and its staff have been involved in discussions with the City and/or the landowner regarding the delivery of services for a development proposal within the annexation area known as the Spring Trails Specific Plan, or its predecessorMartin Ranch. 1 The proposal area is already within the San Bernardino County Protection District and its Zone FP-5. --5 to the service area of the City. Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring Packet Pg. 719 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 Fig. 1 Vicinity Map Sphere of Influence Expansion (LAFCO 2808) In 1996, the Commission reviewed and considered a sphere of influence expansion proposal, LAFCO 2808, which was initiated by the property owner to include the proposal area (known then as Martin of influence (see Figure 2). The Commission approved the sphere expansion proposal noting that future development would logically be served by the City and that the City should assume the primary role in developing the land use and service plans for the area. It was outlined at that time that the approval of the sphere expansion was simply to allow the landowner and the City to move forward in completing the pre- zoning, general plan amendment, and a Fig. 2 LAFCO 2808 comprehensive Environmental Impact Report for the project. Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 2 Packet Pg. 720 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 Project History This primer box provides a history of the project since its inception in 1996. The Spring Trails Specific Plan (or Martin Ranch) is a project that the City of San Bernardino has extensively reviewed, evaluated, and ultimately approved (and/or adopted) after years of processing. The Martin Ranch project was first submitted to the City in 1996. In 1998, a Notice of Preparation (NOP) was issued for the project; however, the ensuing Draft Environmental Impact Report (EIR) was rejected by In December 2002, the application for the General Plan Amendment (GPA 02-09) and Tentative Tract Map (15576) was filed with the City. A revised Draft EIR was released in 2002. In October 2003, a major fire burned through the project site requiring preparation of a new Draft EIR. In 2004, a new NOP reflecting the revised project was issued by the City. It included a general plan amendment and pre-zoning for the project site and the adjacent unincorporated (island) area which designated the area as Planned Residential Development, the establishment of a Hillside Management Overlay District to allow lot size averaging, and a Tentative Tract Map to subdivide the project site into approximately 359 lots. However, the 2004 Draft EIR, which addressed traffic, access, as well as other issues, was never circulated for public review. In 2005, the project was again revised to pre-zone the project site to Residential Low and the adjacent unincorporated (island) area to Residential Estate. A new Draft EIR was not released until 2006 when the City released a completed Draft EIR. Significant issues were again raised, and the City opted to prepare a revised Draft EIR to address concerns related to noise, air quality, biological resources, geotechnical issues and fire safety. In 2007, another fire on the site required further changes to the project. A new NOP was released for public review in 2009 along with an Initial Study. In March 2010, the application for the Specific Plan (SP 10-01) was filed with the City. Due to significant technical issues, the revised Draft EIR was not released until July 2011. Applications for a Development Agreement (DA 11-01) and a Development Code Amendment (DCA 12-10) were filed with the City in October 2011 and October 2012, respectively. d a public hearing to consider the component actions for the Spring Trails Specific Plan (except for the Development Agreement portion of the project which was continued at the request of the property owner) but recommended denial of all the actions. In Commission held another public hearing to consider the Development Agreement, and it also recommended denial of the proposed Development Agreement. Finally, on February 19, 2013, the City Council reviewed and considered the Final EIR, the Mitigation Monitoring and Reporting Plan, the Facts, Findings and Statement of Overriding Spring Trails Specific Plan, the General Plan Amendment, the Development Code Amendment, Tentative Tract Map 15576 to subdivide the project site into 304 single-family reversed the and approved and/or adopted all actions related to the Spring Trails Specific Plan. Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 3 Packet Pg. 721 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 Prior Proposal (LAFCO 3188) In March 2015, the property ownerMontecito Equities, Ltdsubmitted a property owner petition including the application materials for the proposed reorganization to the City (see Attachment #2). The applicant not only requested the annexation of its properties but also included the adjacent unincorporated area totaling approximately 376 acres (see Figure 3). It should be noted that the City (and the applicant) included the adjacent unincorporated area as part of its proposal to prevent the creation of a totally- surrounded unincorporated island territory within the City. This is why the adjacent 26-acre unincorporated area environmental LAFCO assessment for the project. 3188 However, during the circulation of the Notice of Filing for LAFCO 3188, the Registrar of Voters (ROV) certified on July 2, 2015 that there were 16 registered voters within the reorganization area (see Attachment #3). That changed the annexation proposal from being (initially) an uninhabited annexation (less than 12 registered voters) to an inhabited annexation which allows for registered voter protest. This also meant likely termination due to registered voter protestprimarily from within the unincorporated island area. As a result, the applicant requested that Fig. 3 LAFCO 3188 LAFCO suspend the processing of its application proposal pending the outcome of the voter registration verification process by the ROV. Current Proposal (LAFCO 3188A) After almost a year, there still was no resolution from the ROV on the applicants request for verification of LAFCO registered voters within the annexation area. This 3188A prompted the applicant to submit a revised application proposal that removed the adjacent unincorporated area from its proposal boundary (see Attachment #4). Figure 4 illustrates the revised boundary that excludes the adjacent unincorporated area. Hence, the current proposal, LAFCO 3188A, creates a totally-surrounded island territory within the City. The reason for the delay in processing this proposal since the time it was re-initiated by the applicant was Fig. 4 LAFCO 3188A Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 4 Packet Pg. 722 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 due to the modifications that had to be incorporated into the Plan for Service and Fiscal Impact Analysis to reflect the change in fire service between the City and County Fire, as well as the property tax transfer process between the County and the City. Property Tax Transfer Process In May 2017, both the County and the City were scheduled to approve their respective property tax transfer resolutions; however, the City ended up not agreeing to the exchange and took no action on its property tax transfer resolution at that time. This prompted the dispute resolution process outlined in Revenue and Taxation Code Section 99(e) that requires mediation and/or arbitration. As the Commission is fully aware, the tax sharing formula in San Bernardino County (between the County and cities) is calculated in the same manner as all other annexations. with County Fire through its fire reorganization, the City raised questions on whether an alternative formula was appropriate. The County and the City jointly retained a third-party consultant (David Taussig and Associates) to perform an independent financial analysis of the property tax revenues. That process took several months to get underway and was finally completed in June 2018. Negotiations continued until all parties agreed. The City adopted its property tax resolution on March 20, 2019, and the County, likewise, adopted its property tax resolution on May 21, 2019, determining the amount of property tax revenues to be exchanged among the County, the City, and County Fire. BOUNDARIES: The proposal, as submitted by the applicant, includes the annexation of properties solely associated with the Spring Trails Specific Plan and does not include the adjacent unincorporated area that, should LAFCO 3188A be approved by the Commission, will become a totally-surrounded island within the City of San Bernardino. In s Commission has the following options to address the island area: Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 5 Packet Pg. 723 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 Option 1 Option 1 is to approve the proposal, LAFCO 3188A, as submitted by the applicant. This would leave an unincorporated area totally surrounded by the City. create an island. Therefore, if the Commission chooses option 1, LAFCO staff would recommend that the Commission make certain determinations related to the creation of the island, and as a condition of approval require the City to initiate a new reorganization to annex the island area as a separate proposal (see Figure 5). Option 2 The Commission could modify the proposal by expanding LAFCO 3188A to include the unincorporated (island) area adjacent to the proposal Fig. 5 Option 1 area, which would be the exact same area as the prior proposal LAFCO 3188 (see Figure 6). As outlined in the earlier discussion related to the prior proposal (LAFCO 3188) on pages 4 and 5, the inclusion of the island area would change the annexation proposal from being an uninhabited annexation to an inhabited annexation since there would be at least 12 registered voters within the modified proposal. Spring Trails project, many have expressed opposition to the project. Since most of the registered voters are from within the island portion of the modified area, the probability of termination of the expanded proposal would be highly likely. Based on the options outlined above, LAFCO staff recommends the Commission choose Option 1. Fig. 6 Option 2 imposition of the Condition of Approval related to the island area as well as the Determination related to the creation of the island, allows a mechanism for the Spring Trails Specific Plan, which is an easily identifiable boundary for service delivery, to be annexed into the City of San Bernardino for the services it requires. A detailed comparison of the two options follows on the next two pages. Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 6 Packet Pg. 724 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 Option 1 Applicant Proposal Boundary, as Submitted to LAFCO Proposal Boundary and Description: A reorganization of 350 acres to include annexation of only the Spring Trails Specific Plan (shown in red). Pros: The Commission identified the City as the logical service provider for the area by 1996. Reorganization area will benefit from the extension of City services. No other agency can logically provide municipal-level services to this area. Proposal has 100% landowner consent, allowing for the waiver of protest and eliminating the possibility of termination. Fig. 7 Option 1 Cons: Applicant proposal boundary creates an unincorporated island (completely surrounded by the City, shown in yellow) which is prohibited under Government Code §56744, unless certain determinations can be made (see Discussion below). The landowners and registered voters of the island (being outside the reorganization Discussion: Although an island of unincorporated area is being created, the Commission has the statutory ability to waive the restrictions of creating an island (§56744) if it finds that the restrictions would be detrimental to the orderly development of the community and that the areas enclosed by the annexation cannot be reasonably annexed to another city or incorporate as a city. A determination pursuant to §56375 has been included in this report. A condition of approval is being recommended that would require the City to initiate a separate reorganization to annex the island within one year of completion of LAFCO 3188A, and undergo standard protest proceedings on said island. The condition is and in the Recommendation portion of this report. Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 7 Packet Pg. 725 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 Option 2 Expanded Proposal Boundary Expanded Boundary and Description: An expanded reorganization area of 376 acres to include annexation of the Spring Trails Specific Plan (350 acres) and adjacent 26-acre unincorporated area. Pros: The Commission identified the City as the logical service provider to the area by 1996. Environmental Assessment already includes the adjacent 26-acre unincorporated area. Spring Trails Specific Plan area will benefit from the extension of City services. No other agency can logically provide municipal-level services to this area. Fig. 8 Option 2 Expanded boundary will not create an island. The proposal would include a protest proceeding whereby island landowners and registered voters could submit a protest to oppose the reorganization in order to Cons: Registered voter opposition within the expanded boundary would likely result in sufficient protest to terminate the reorganization. Without annexation to the City, the projectwhich requires municipal servicesmost likely would not be able to develop. Discussion: This option is available to the Commission should it choose not to make a determination to waive the restrictions of creating an island. The Commission would have to continue the item in order to provide proper noticing. The Spring Trails project and reorganization would be decided by the registered voters within the reorganization area (not the landowners). Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 8 Packet Pg. 726 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 The remainder of this report contains the following information: Land Use o County designations and City land use/pre-zone designations o Spring Trails Specific Plan o Constraints: fire hazard, fault zone, circulation, high wind areas, flood and drainage Service Issues and Effects on Other Local Governments Environmental Considerations Waiver of Protest Proceedings Conclusion Recommendations Determinations Attachment Listing LAND USE: The reorganization area is predominantly vacant with the exception of an existing single- family residence on one of the parcels (see Figure 9). The area is surrounded by a combination of National Forest boundary and vacant lands to the east; a combination of residential development including Meyers Road to the south; a combination of residential development, vacant lands, and the National Forest boundary to the west; and the National Forest boundary to the north. Fig. 9 Aerial Map Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 9 Packet Pg. 727 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 County Land Use Designations: : RL-5 (Rural Living, 5 acres minimum), which provides sites for rural residential uses and incidental agricultural uses; and RC (Resource Conservation), which provides sites for open space and recreational activities, and single-family homes on large parcels. -zone Designation(s): The City of San Bernardino has assigned the reorganization area as Spring Trails Specific Plan District and has been pre-zoned the area as Specific Plan No. 10-01, Spring Trails under its Special Purpose Zones - 1386, which was adopted on March 5, 2013. The underlying Spring Trails Specific Plan zoning designations within the reorganization area are Residential (Estate), Open Space, and Parks, which will take effect upon completion of the annexation process. The Spring Trails Specific Plan zone designations are the pre-zoning for the proposal area as required by Government Code §56375(a)(7). Pursuant to the provisions of Government Code §56375(e), these zoning designations shall remain in effect for a period of two (2) years following annexation unless specific actions are taken by the City Council at a public hearing. The Spring Trails Specific Plan The Spring Trails Specific Plan (Included as Attachment #5), is a proposed development within the 350-acre annexation area that was approved by the City Council of the City of San Bernardino in February 2013. At that time the Specific Plan was approved by the City, it contemplated development of 307 new single-family residential lots on approximately 242 acres and the remainder area for open space, parks, slopes, and other uses (see Figure 10). Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 10 Packet Pg. 728 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 Fig. 10 Original Development Plan Fig. 11 Current Development Plan However, since approval of the Specific Plan, the land area to be developed and the total number of residential lots have been reduced. Through subsequent analysis of the geology and soils within the Specific Plan area, it has been determined by the landowner that it is only feasible to construct 215 residential lots, and the land area to be developed has been significantly reduced from 242 acres to 199 acres (see Figure 11). The Current Development Plan configuration is also included as part of Attachment #1. Constraints Development of the Spring Trails Specific Plan includes a number of challenges that the Commission should be aware of given the location of the project. Below is a summary of some, but not all, of the constraints associated with the Spring Trails Specific Plan. The Spring Trails is on the northern edge of the City in the foothills of the San Bernardino Mountains. The area is generally bounded by the San Bernardino National Forest on three sides and the elevation of the site ranges from approximately 2,010 feet above sea level at its southern boundary to approximately 3,540 feet at the northern boundary. The topography of the site varies from steep (over 30% slopes) in the north and southeast portions of the site to gentle (015% slopes) in the central portion of the site. The site slopes to the southwest at approximately 10 to 15%. Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 11 Packet Pg. 729 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 Fire Hazard Because the San Bernardino National Forest is adjacent to the project site, with steep slopes and high winds, the Spring Trails Specific Plan area is at risk from wildland fires (see Figure 12). The Foothill Fire Zone Overlay District identifies three fire zones with different degrees of hazard based on slope, type of fuel, and natural barriers. Approximately one third of the site is in Fire Zone A (Extreme Hazard with slopes 30% or greater), one third of the site is in Fire Zone B (High Hazard with slopes of 1530%), and the remaining third is in Fire Zone C (Moderate Hazard with slopes of 015%). As noted in the Spring Trails Specific Plan, areas in the Foothill Fire Zones are required to be developed with proper building separation, landscaping, and building materials; adequate emergency access and evacuation routes; and Fig. 12 Topography (Fire Zones) sufficient water resources. The recommended preventative measures are incorporated in the Specific Plan as standards for fuel modification zones, setbacks, landscaping methods/materials, construction materials/methods, and building protection systems. The Mitigation Monitoring Program for the Specific Plan also outlines mitigation measures on fire safety. Fault Zone The site includes three traces of the San Andreas Fault zone, which runs in a general eastwest direction (see Figure 13). As noted in the Spring Trails Specific Plan, the southern portion of the site is traversed by two faults: the main trace of the San Andreas Fault and a secondary trace just north of the main trace. The fault zone of the main trace ranges from approximately 50 feet to 150 feet wide and the fault zone of the secondary trace is approximately 40 feet wide. The Spring Trails Specific Plan has been designed to comply with the requirements of the Alquist-Priolo Earthquake Fault Zoning Act, which prevents the construction of buildings within 50 feet of active faults. Setbacks and additional fault studies are included as mitigation measures in the Mitigation Monitoring Program for the Spring Trails Specific Plan. Fig. 13 Earthquake Faults Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 12 Packet Pg. 730 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 Circulation Spring Trails require two points of access that directly connect to collector roads and avoid existing neighborhoods. The primary access road to Spring Trails will be through the southeast corner of the project site via a street extending from Little League Drive to the project site. Secondary access to Spring Trails will be via a street extending from the western edge of the project site to a frontage road along the I-215 Freeway. The secondary access road is designed to restrict non-resident access onto Meyers Road. The Mitigation Monitoring Program outlines mitigation measures to address wildlife corridors. High Wind Areas The City of San Bernardino experiences periods of high velocity winds, especially in the Cajon Pass and at the bottoms of canyons. High Wind Area, which has certain building standards. Development will be required to comply with the building standards for this area. The Mitigation Monitoring Program for the Specific Plan outlines development guidelines for high wind areas. Flooding and Drainage Because Spring Trails sits on an alluvial plain on the slopes of the San Bernardino Mountains, flooding and drainage are also critical factors. Spring Trails is designed to avoid grading or construction of residences in the flood plains. These are just some of the constraints associated with the Spring Trails Specific Plan. LAFCO staff emphasizes the importance of the mitigation measures being implemented to minimize or reduce the impacts. These mitigation measures must be implemented by the City to allow development of the project. However, the Commission has no direct responsibility in implementing these mitigation measures. Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 13 Packet Pg. 731 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 SERVICE ISSUES AND EFFECTS ON OTHER LOCAL GOVERNMENTS: In every consideration for jurisdictional change, the Commission is required to look at the existing and proposed service providers within an area. Due to the vacant nature of the lands currently, government service requirements are minimal primarily law enforcement and fire protection. The current service providers within the reorganization area include the California Highway Patrol for law enforcement along existing roadways in unincorporated areas, County of San Bernardino, San Bernardino County Fire Protection District, its Valley Service Zone, and its Zone FP-5, and County Service Area 70 (unincorporated, multi- function entity). In addition, the regional independent special districts, Inland Empire Resource Conservation District and the San Bernardino Valley Municipal Water District (State Water Contractor), overlay the reorganization area. Plan for Service: The City of San Bernardino law and Commission policy. The Plan includes a Fiscal Impact Analysis outlining its ability to provide its range of services and ongoing maintenance and operation to the area given the anticipated revenues and expenditures associated with the project. Also included with the materials for review is the Development Agreement approved by the City and the applicant, outlining land use assumptions, financing and service requirements for the reorganization area. The City of certified Plan for Service and Fiscal Impact Analysis and its Municipal Water Departments certification of the Plan for Service are included as Attachment #6 to this report. In general, the Plan identifies the following: Water Service: in its Plan for Service. Current storage facilities nearest to Spring Trails is the Meyers Canyon Reservoir, but is not adequate for buildout of Spring Trails. Therefore, water will be supplied to Spring Trails by a combination of expanding and improving the offsite water systems and the provision of onsite reservoirs and transmission lines. nter into an agreement with Department and provide its share of funding to construct the infrastructure necessary to serve the new pressure zones. In addition, the developer must enter into a developer-installed agreement and provide a performance bond to install the required transmission and distribution mains for construction. Sewer Service: There is no sewage collection system within the area at the present time. The Sewer Capacity Study concludes that the City existing sewer system has the capacity to accommodate the project. . Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 14 Packet Pg. 732 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 Spring Trails would connect to the existing 10-inch main located on Little League Drive. The only offsite improvement that may be required is in North Little League Drive, which may be upgraded from an 8-inch to a 10-inch main. Fire Protection and Emergency Medical Response: In 2016, the City of San Bernardino was annexed into the San Bernardino County Fire Protection District (County Fire), its Valley Service Zone, and its Zone FP-5 for fire protection and emergency medical response services. The area being annexed is already within the boundaries of County Fire; therefore, fire protection and emergency medical response services will continue to be provided by County Fire and its Valley Service Zone. No change in actual service provider will occur upon completion of the annexation. The entire LAFCO 3188A is currently designated as State Responsibility Area (SRA) lands. This designation would be removed upon annexation to the City and the financial burden for fire protection becomes a responsibility of the City. Fire stations and equipment of the City have since been transferred to County Fire through the fire reorganization. The closest fire station is Station 232 (6065 Palm Avenue) located approximately two miles away from the project site. Water facilities for fire protection will meet water flow demands for the project. As a result of the County Fire reorganizations, one of the conditions that was agreed upon was to account for the special tax generated from within the different areas being annexed into County Fire by creating subzones of Service Zone FP-5. In the case for the City, Zone FP-5 San Bernardino was created to isolate said funding generated from the City. Therefore, LAFCO 3188A includes annexation to Zone FP-5 San Bernardino as part of the overall reorganization in order to isolate the funding generated from reorganization area within the City of San Bernardino. Law Enforcement: Law enforcement Department to the City of San Bernardino Police Department. The area is served by a main police station located at 710 North D Street, and four designated geographical patrol districts. The project area is patrol beat B1 in the Northwest Patrol District. Park and Recreation: Regional park and recreation services are currently provided by the County Regional Parks system. The closest regional park is Glen Helen Regional Park, which has various recreation activities. Due to the primarily vacant nature of the reorganization area, local park amenities are not currently provided. The City of San Bernardino has a variety of parks and recreation facilities. The closest City park is the Al Guhin Park located approximately 1.3 miles from the Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 15 Packet Pg. 733 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 proposal area. The Spring Trails project plans to develop neighborhood parks, natural open space, as well as pedestrian/equestrian trails. Solid Waste Solid waste services are currently provided by Burrtec Industries within the reorganization area and within the City of San Bernardino (by contract). No change in service provider will occur through the annexation. Schools The area is within the San Bernardino City Unified School District (SBCUSD). Upon annexation, SBCUSD will continue to be the school district with North Verdemont Elementary School, Chavez Middle School, and Cajon High School. As required by Commission policy and State law, the Plan for Service submitted by the City of San Bernardino and its Municipal Water Department show that the extension of the services to the reorganization area are required to provide the level of service anticipated by the Spring Trails Specific Plan. Such service extensions will exceed current service levels provided through the County as the area is primarily vacant at the present time. Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 16 Packet Pg. 734 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 ENVIRONMENTAL CONSIDERATIONS: The Spring Trails Specific Plan project included the preparation and certification of an Environmental Impact Report that was finalized by the City in 2013. Lonsultant, Tom Dodson and Associates, has reviewed Complete Final Environmental Impact Report (EIR), which includes the Draft EIR and the Final EIR, and indicated that the are adequate for the for LAFCO 3188A. Copies of the Complete Final EIR and all associated documents, were provided to Commissioners on July 22, 2019. Mr. Dodson has indicated in his letter to the Commission, included as Attachment #9 to this report, the actions that are appropriate for the review of LAFCO 3188A, which are: Certify that the Commission, its staff, and its Environmental Consultant have individually reviewed and considered the environmental assessment for the Spring Trails Specific Plan prepared by the City of San Bernardino; Determine that the Complete Final EIR is adequate for the use in making its decision related to LAFCO 3188A; Determine that the Commission does not intend to adopt alternatives or additional mitigation measures for the project; that the mitigation measures identified in the project are the responsibility of the City and others, not the Commission; Adopt the Facts, Findings and Statement of Overriding Considerations as presented by Mr. Dodson, which are the conclusions made regarding the significance of a project in light of the impacts and mitigation measures that have been identified. A copy of this Statement is included as a part of Attachment #9 to this report; and, Direct the Executive Officer to file the Notice of Determination within five days and find that no further Department of Fish and Wildlife filing fees are required by the WAIVER OF PROTEST PROCEEDINGS: The reorganization area is legally uninhabited (as determined by the Registrar of Voters office) and LAFCO staff verified that the study area possesses 100% landowner consent to the annexation. Therefore, if the Commission approves LAFCO 3188A and none of the affected agencies have submitted written opposition to a waiver of protest proceedings, staff is recommending that protest proceedings be waived. The actions would include direction to the Executive Officer to complete the reorganization following completion of the mandatory reconsideration period of 30-days. Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 17 Packet Pg. 735 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 CONCLUSION: In the mid-90s, the applicant already began planning the development of its landholdings that encompass the Spring Trails Specific Plan area. This began by a request to LAFCO for sphere of influence in 1996. The first development project was Martin RanchAs noted in the History Section of this report, the prior Martin Ranch and the current Spring Trails Specific Plan has been in the making for more than 20 years with numerous changes to the project description and multiple Draft EIRs prepared and revised since its inception. The final project approved and/or adopted by the City of San Bernardino, which is the Spring Trails Specific Plan, requires a broad range and level of municipal services that are only available through the City of San Bernardino. The reorganization area as well as the continuation of fire protection and emergency medical response services from the San Bernardino County Fire Protection District and its Valley Service Zone based upon the anticipated development of 215 (current configuration) single-family residences, open space, parks, and other public facilities. The Spring Trails Specific Plan was approved and adopted by the City with certain guidelines, conditions of approval, and mitigation measures. Therefore, the approval of LAFCO 3188A assumes that the City will adhere to the parameters that have been imposed on the Spring Trails Specific Plan and the mitigation measures outlined in the Mitigation Monitoring Program for the Spring Trails Specific Plan. However, approval of this proposal calls into question the issue related to the adjacent unincorporated area that will become totally-surrounded by the City of San Bernardino. This report provides for options for addressing the creation of said island territory. Staff recommendations are to: Include a determination required by Government Code Section 56375(m), which can be applied to this proposal; and, Include a condition that requires the City to initiate the totally-surrounded island area within For all these reasons, and those outlined throughout the staff report, staff recommends approval of LAFCO 3188A. However, should the Commission choose Option 2 (to expand the proposal) then the Commission would have to continue the item in order to provide proper noticing. Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 18 Packet Pg. 736 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 RECOMMENDATIONS: The staff recommends that the Commission approve LAFCO 3188A by taking the following actions: 1. With respect to the environmental review: a. Certify that the Complete Final Environmental Impact Report (EIR) and other related environmental documents prepared by the City of San Bernardino for the Spring Trails Specific Plan have been independently reviewed and considered by the Commission, its staff and its Environmental Consultant; b. Determine that the Complete Final EIR for the project prepared by the City is (CEQA) Responsible Agency for its determination related to LAFCO 3188A. c. Determine that the Commission does not intend to adopt alternatives or additional mitigation measures for the Spring Trails Specific Plan, and that the mitigation measures identified for the project are the responsibility of the City and others, not the Commission; d. Adopt the Facts, Findings and Statement of Overriding Considerations as and attached to the staff report; and, e. Direct the Executive Officer to file the Notice of Determination within five days, and find that no further Department of Fish and Wildlife filing fees are required A Lead Agency, has paid said fees. 2. Approve LAFCO 3188A, with the following determination: The Commission determines that approval of LAFCO 3188A will create an unincorporated island completely surrounded by the City of San Bernardino. Since the inclusion of the island area would likely terminate the annexation proposal due to the number of registered voters within said island, the Commission determines, pursuant to the provision of Government Code Section 56375(m), to waive the restrictions on the creation of a totally-surrounded island contained within Government Code Section 56744 because it would be detrimental to the orderly development of the community, and it further determines that the area to be surrounded by the City of San Bernardino cannot reasonably be annexed to another city or incorporated as a new city. 3. Approve LAFCO 3188A with the following conditions: a. The City of San Bernardino shall be required to initiate annexation of the totally- LAFCO 3188A and process under standard protest proceedings. A resolution by the City Council of the City of San Bernardino shall be submitted to the Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 19 Packet Pg. 737 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 requirement prior to the issuance of the Certificate of Completion for LAFCO 3188A. A status report shall be provided to the Commission at the six month date outlining the progress of the City of San Bernardino in fulfilling its obligation. Failure on the part of the City of San Bernardino to fulfill its commitment to annex the totally-surrounded island shall require that the next annexation proposed to the City of San Bernardino, either by the City through resolution or by property owner/registered voter petition, include a condition requiring the initiation of annexation of the totally-surrounded island. Said condition of approval shall be deemed completed upon the issuance of the Certificate of Filing for said island. b. The standard LAFCO terms and conditions that include, but are not limited to, the applicant and the continuation of fees, charges, and/or assessments currently authorized by the annexing agency, and the identification that the transfer of utility accounts will occur within 90 days of the recording of the Certificate of Completion. 3. Waive protest proceedings, as permitted by Government Code Section 56662(d), with 100% landowner consent to the reorganization; and, 4. Adopt LAFCO Resolution No. 3291 terms, and conditions of approval concerning LAFCO 3188A. Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 20 Packet Pg. 738 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 DETERMINATIONS: The following determinations are required to be provided by Commission policy and Government Code Section 56668 for any changes of organization/reorganization proposal: 1. The reorganization proposal is legally uninhabited containing four (4) registered voters within the reorganization area as certified by the Registrar of Voters as of July 22, 2019. 2. of land and improvements within the reorganization area is $1,978,576 (land--$1,876,890; improvements--$101,686) as of August 9, 2019. 3. The reorganization area is within the sphere of influence of the City of San Bernardino. 4. Legal advertisement of the Com publication in The Sun, a newspaper of general circulation within the reorganization area. As required by State law, individual notice was provided to affected and interested agencies, County departments, and those individual and agencies having requested such notice. 5. In accordance with State law and adopted Commission policies, LAFCO has provided individual notice to: landowners (2) and registered voters (4) within the reorganization area (totaling 6 notices); and, landowners (84) and registered voters (96) surrounding the reorganization area (totaling 180 notices). Included as Attachment #7 to this report is a comment letter received by LAFCO staff from an area resident prior to the publication of the report. The letter outlines concerns related to the project such as fire safety (e.g. housing densities, slope issues, and previous fires in the area, etc.), issues regarding the access roads (e.g. roads built on fault lines, vehicle trips per day, etc.), and issues related to services from the City as well as utilities across fault lines. Comments from landowners and registered voters and any affected local agency in support or opposition will be reviewed and considered by the Commission in making its determination. 6. The City of San Bernardino adopted the Spring Trails Specific Plan (SP #10-01) along with a General Plan Amendment (GPA #02-09) and a Development Code Amendment (DCA #12-10), which pre-zoned the reorganization area as Spring Trails Specific Plan with the following underlying specific plan zone designations: Residential (Estate), Open Space, and Parks. These pre-zone/specific plan zone Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 21 Packet Pg. 739 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 are generally compatible with surrounding land uses within the City and in the County. Pursuant to the provisions of Government Code Section 56375(e), these pre-zone designations shall remain in effect for two years following annexation unless specific actions are taken by the City Council. 7. The Southern California Associated Governments (SCAG) adopted its 2016-2040 Regional Transportation Plan and Sustainable Communities Strategy (RTP-SCS) pursuant to Government Code Section 65080. LAFCO 3188A is in close proximity with the I-215 Freeway, which is part of the RTP- (expansion/rehabilitation) program adding high-occupancy vehicle (HOV) lanes between the I-210 and the I-15 Freeways for completion by 2035. 8. The City of San Bernardino adopted an updated Local Hazard Mitigation Plan (LHMP) in October 2016 (Resolution No. 2016-209), which was developed by County one its potential residential development. County Fire also has its Multi-Jurisdictional Hazard Mitigation Plan that was approved by FEMA in July 2017. Urban and Wildland Fires is included as Attachment #8. 9. As a CEQA responsible agency, the Environmental Consultant, Tom Dodson of Tom Dodson and Associates, has reviewed the environmental documents for the reorganization proposal and has indicated that the environmental assessment for the Spring Trails Specific Plan are adequate for the C use as CEQA responsible agency. Copies of EIR and all associated documents were provided to Commission members on July 22, 2019 and are also included (as web links) as part of Attachment #9 to this report (Environmental Documents Related to the City o Spring Trails Specific Plan). Mr. Dodson has prepared his recommended actions for LAFCO 3188A, which are outlined in the narrative portion of the Environmental Considerations section (page 17 of the staff report). Attachment #9 also includes the Facts, Findings and Statement of Overriding Considerations that has been addressing this project. 10. The reorganization area is presently served by the following public agencies: County of San Bernardino Inland Empire Resource Conservation District San Bernardino Valley Municipal Water District San Bernardino County Fire Protection District, its Valley Service Zone, and its Zone FP-5 (fire protection and emergency medical response) County Service Area 70 (multi-function unincorporated County-wide) Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 22 Packet Pg. 740 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 The area will be detached from County Service Area 70 and its sphere of influence reduced as a function of the reorganization. None of the other agencies are affected by this proposal as they are regional in nature. 11. A plan was prepared for the extension of services to the reorganization area, as required by law. The Plan for Service and the Fiscal Impact Analysis, as certified by the City and its Municipal Water Department, indicates that the City can maintain and/or improve the level and range of services currently available in the area. A copy of this plan is included as a part of Attachment #6 to this report. The Plan for Service and Fiscal Impact Analysis have been reviewed and compared with the standards established by the Commission and the factors contained within Government Code Section 56668. The Commission finds that the Plan for Service and the Fiscal Impact Analysis conform to those adopted standards and requirements. The Plan indicates that the revenues to be provided through the transfer of property tax revenues and existing and potential financing mechanisms are anticipated to be sufficient to provide for the infrastructure and ongoing maintenance and operation of the services to be provided from the City of San Bernardino and its Municipal Water Department as well as the services from the San Bernardino County Fire Protection District and its Valley Service Zone. A copy of the Plan for Service is included as a part of Attachment #6 to this report. 12. The reorganization proposal complies with Commission policies and directives and State law that indicate the preference for areas proposed for urban intensity development to be included within a City so that the full range of municipal services can be planned, funded, extended, and maintained. However, approval of this proposal will create an island of unincorporated territory that will be totally-surrounded by the City of San Bernardino. 13. The reorganization area can benefit from the availability and extension of municipal- level services from the City of San Bernardino and its Municipal Water Department, as evidenced by the Plan for Service certified by the City. 14. This proposal will have an effect on the City of ability to achieve its fair share of the regional housing needs as it proposes to build the addition of 215 single-family residential units. 15. With respect to environmental justice, which is the fair treatment of people of all races, cultures, and incomes with respect to the location of public facilities and the provision of public services, the following demographic and income profile was generafor the City of San Bernardino and the reorganization and adjacent unincorporated areas (2019 data): Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 23 Packet Pg. 741 26.c Agenda Item #8 LAFCO 3188A City of San Bernardino Reorganization (Spring Trails SP) August 14, 2019 Demographic and Income City of Reorganization ComparisonSan BernardinoArea and (%)Adjacent Unincorporated Area (%) Race and Ethnicity African American Alone13.5%7.0% American Indian Alone1.3%0.9% Asian Alone4.2%4.3% Pacific Islander Alone0.4%0.3% Hispanic Origin (Any Race)68.3%37.9% Median Household Income$43,515$104,564 Through future development, the reorganization area will benefit from the extension of services and facilities from the City and, at the same time, the approval of the reorganization proposal will not result in the unfair treatment of any person based on race, culture or income. 16.The County of San Bernardino (for itself and acting on behalf of the San Bernardino County Fire Protection District) and the City of San Bernardino have successfully negotiated a transfer of property tax revenues that will be implemented upon completion of this reorganization. This fulfills the requirements of Section 99 of the Revenue and Taxation Code. 17.The maps and legal descriptions, as revised, are in substantial compliance with LAFCO and State standards through certification by the County Surveyor's Office. SM/ Attachments: 1.Vicinity Map, Reorganization Map, and Current Development Plan Configuration 2.Landowner Petition andApplication Documents 3.ROV Certification of Registered Voters within LAFCO 3188 Dated July 2, 2015 4.Letter from Applicant Dated June 22, 2016 Regarding Resubmittal of Application 5.Spring Trails Specific Plan andRecorded Development Agreement 6.Plan for Service/Fiscal Impact Analysis, Municipal Water Department 7.Comment Letter Received Prior to Staff Report Publication 8.Urban and Wildland Fires 9.Letter from Tom Dodson and Associates andFacts, Findings and Statement of Overriding Considerations, and Environmental Documents Related to the City of San Approval of the Spring Trails Specific Plan 10.Draft Resolution No. 3291 for LAFCO 3188A Attachment: CED.Spring Trails.Attachment 3 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 24 Packet Pg. 742 26.d LOCAL AGENCY FORMATION COMMISSION FOR SAN BERNARDINO COUNTY 1170 West Third Street, Unit 150, San Bernardino, CA 92415-0490 (909) 388-0480 Fax (909) 388-0481 lafco@lafco.sbcounty.gov www.sbclafco.org DATE:OCTOBER8, 2019 FROM:SAMUEL MARTINEZ, Executive Officer TO:LOCAL AGENCY FORMATION COMMISSION SUBJECT:AGENDA ITEM #9: LAFCO 3188A --Reorganization to include Annexation to the City of San Bernardino and to the San Bernardino County Fire Protection District Zone FP-5 San Bernardino, and Detachment from County Service Area 70 (Spring Trails Specific Plan) BACKGROUND INFORMATION: This item was continued from the CommissionsAugust 21, 2019hearing at the request of the property owner (with concurrence fromthe City) to allow the property owner and the City enough time to evaluate and consider the proposed condition(s)that LAFCO staff is recommending. No change has occurred since then; therefore, staffs recommendations remain the samefor LAFCO 3188A.For reference, the original staff reportfor LAFCO 3188A, dated August 14, 2019,is included as Attachment #1andincludes the links toeach attachment. However, the Commissionaspart of its motion at the August Hearingrequestedthat staff provide a discussion regardingaccess to and fromthe project site in order to provide fora better understanding of the issuesrelated to traffic(circulation) as well as fire safety. Circulation The Spring Trails project will have two main access points. The primary accessroad (dash line with pinkhighlight), which provides the main access to and from Spring Trails project,is a 2-way undivided road that extends from North Little League Driveto the Spring Trails project atthe southeastern sectionof the project site. From North Little League Drive(also a 2-way undivided road),access to the I-215 Freewaycan be Attachment: CED.Spring Trails.Attachment 4 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring Packet Pg. 743 26.d Agenda Item # LAFCO3188A Cityof San Bernardino Reorganization (Spring Trails SP) October 8, 2019 reached from either Palm Avenue (via West Little League Drive or Kendall Avenue) or Devore Road/Glen Helen Parkway (via Kendall Avenue and Cajon Boulevard). The secondary access road (dash line with orangehighlight), whichis intended as an alternative street for local traffic to access arterial streets outside the project,is also a 2-way undivided road that runs along the western boundary of the Spring Trails project. Itwillconnect to North Little League Drive via Frontage Road.FromNorth Little League Drive, access to the freeway is the same as the primary access road. Fig.1 Circulation Map Attachment: CED.Spring Trails.Attachment 4 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 2 Packet Pg. 744 26.d Agenda Item # LAFCO3188A Cityof San Bernardino Reorganization (Spring Trails SP) October 8, 2019 It should be noted that the intersection of Meyers Road and the secondary access road will beconstructed in such a way thateither preventsor discouragesaccess to Meyers Road. All necessary public streets, both on-site and off-site (including the extension ofNorth Little League Drive), will be improved by the developer.Other necessary off-site improvements, such as the Palm Avenue/I-215 Freeway and Glen Helen Parkway improvements, are part of the Citys Master Facility Plan and will be funded through developer impact fees. FireSafety (Hazards) As identified in the original staff report, no change in actual service provider will occur upon completion of the annexation since the City of San Bernardino was annexed into the San Bernardino County Fire Protection District (County Fire)and its Valley Service Zone. The areaproposed for annexationis already within the boundaries of County Fire. he closest fire stationis Station #232 locatedon 6065 Palm Avenue, which is T approximately 2.1 miles away from the project site. The next closest fire station is Station #2 located in Devore (1511 Devore Road), which is approximately 4.2 miles away from the project site. The Spring Trails project evaluated response times for a number of stations using time/distance calculationsfrom the different fire stations to the project site via Meyers Road.Below are the drive times for the two stations nearest the project site: StationMPHMilesTime 1.Station #232450.7801:02 250.1600:23 350.4300:44 350.7001:12 Meyers2.0703.21 Ranch3.3105:29 Farthest3.74 06:13 2.Station #2452.3503:08 351.3802:22 Meyers3.7505:30 Ranch4.9707:38 Farthest5.40 08:22 Based on the calculations identified in the Spring Trails Fire Protection Plan, Station #232 can reach the farthest portion of the site in 6m 13s and Station #2 can get to the farthest portion of the site in 8m 22s. Attachment: CED.Spring Trails.Attachment 4 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 3 Packet Pg. 745 26.d Agenda Item # LAFCO3188A Cityof San Bernardino Reorganization (Spring Trails SP) October 8, 2019 LAFCO staff also prepared its own analysis of the drive times from both stations to the farthest portion of the project site using the primary access road and based on actual speed limits. Staffs analysis indicates that Station #232 can reach the farthest portion of the site in 7m 12s, and Station #2 can get to the farthest portion of the site in 11m 42s. Fig. 2 Drive Times Attachment: CED.Spring Trails.Attachment 4 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 4 Packet Pg. 746 26.d Agenda Item # LAFCO3188A Cityof San Bernardino Reorganization (Spring Trails SP) October 8, 2019 The Spring Trails Fire Protection Plan outlines a number of mitigationmeasuresincluding fuel modification zones, vegetation management guidelines, planting maintenance and spacing guidelines, as well as infrastructure/structural construction features and requirements. COMMENTS RECEIVED: At the August 21, 2019 hearing, the Commission received oral comments. All written comments received prior to and at the August 21 hearing can be accessed on the LAFCO website: Comments received prior to the August 21, 2019 hearing: http://www.sbcounty.gov/uploads/LAFCO/AgendaNotices/20190821/Item_08_Att1.pdf Comments received at the August 21, 2019 hearing: http://www.sbcounty.gov/uploads/LAFCO/AgendaNotices/20190821/Item_08_Att3.pdf Since then, additional comments have been received, which are included as Attachment #2 to the staff report.Overall, approximately 80 written comments have beenreceivedfrom landowners, registered voters, and other individuals, including one from a council member of the City of San Bernardino, Mr. Henry Nickel, and one from a non-profit organization. Most of the comments came from residents who live in the Verdemont area within the City of San Bernardino as well as residents from the unincorporated Devore community. Approximately 10 (unverified) letters opposing the project came from the island area itself. Most of the comments relate to fire, high wind,and earthquake issues including limited accessibility during an emergency.School trafficwas also cited in some of the letters. Other comments relate tothe Citys inability to provide code inspections/enforcement, reduced services and slow response times, and issues related to road repair and maintenance. CONCLUSION: As outlined in the original staff report, the Spring Trails Specific Plan requires a broad range and level of municipal services that are only available through the City of San Bernardino. The project wouldbenefit from the extension of the Citys services as well as the continuation of fire protection and emergency medical response services from County Fireand its Valley Service Zone based upon the anticipated development of 215 (current configuration) single-family residences, open space, parks, and other public facilities. The Spring Trails Specific Plan was approved and adopted by the City with certain guidelines, conditions of approval, and mitigation measures. Therefore, the Commissions approval of LAFCO 3188A assumes that the City will adhere to the parameters that have been imposed on the Spring Trails Specific Plan and the Attachment: CED.Spring Trails.Attachment 4 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 5 Packet Pg. 747 26.d Agenda Item # LAFCO3188A Cityof San Bernardino Reorganization (Spring Trails SP) October 8, 2019 mitigation measures outlined in the Mitigation Monitoring Program for the Spring Trails Specific Plan. However, as noted in the August 14, 2019 staff report, approval of this proposal calls into question the issue related to the adjacent unincorporated area that will become totally-surrounded by the City of San Bernardino. This report provides for options for addressing the creation of said island territory. Staff recommendations are to: nclude a determination required by Government Code Section 56375(m),which I can be applied to this proposal; and, nclude a condition that requires the City to initiate the totally-surrounded island I area within one year of the Commissions approval of LAFCO 3188A. For all these reasons, and those outlined throughout this staff reportand the original staff report dated August 14, 2019, staff recommends approval of LAFCO 3188A. RECOMMENDATIONS: The staff recommends that the Commission approve LAFCO 3188A by taking the following actions: 1.With respect to the environmental review: a.Certify that the Complete Final Environmental Impact Report (EIR) and other related environmental documents prepared by the City of San Bernardino for the Spring Trails Specific Plan have been independently reviewed and considered by the Commission, its staff and its Environmental Consultant; b.Determine that the Complete Final EIR for the project prepared by the City is adequate for the Commissions use as a California Environmental Quality Act (CEQA) Responsible Agency for its determination related to LAFCO 3188A. c.Determine that the Commission does not intend to adopt alternatives or additional mitigation measures for the Spring Trails Specific Plan, and that the mitigation measures identified for the project are the responsibility of the City andothers, not the Commission; d.Adopt the Facts, Findings and Statement of Overriding Considerations as presented by the Commissions Environmental Consultant and attached to the staff report(Attachment #3); and, Attachment: CED.Spring Trails.Attachment 4 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 6 Packet Pg. 748 26.d Agenda Item # LAFCO3188A Cityof San Bernardino Reorganization (Spring Trails SP) October 8, 2019 e.Direct the Executive Officer to file the Notice of Determination within five days, and find that no further Department of Fish and Wildlife filing fees are required by the Commissions approval since the City, as CEQA Lead Agency, has paid said fees. 2.Approve LAFCO 3188A, with the following determination: The Commission determines that approval of LAFCO 3188A will create an unincorporated island completely surrounded by the City of San Bernardino. Since the inclusion of the island area would likely terminate the annexation proposal due to the number of registered voters within said island, the Commission determines, pursuant to the provision of Government Code Section 56375(m), to waive the restrictions on the creation of a totally-surrounded island contained within Government Code Section 56744 because it would be detrimental to the orderly development of the community, and it further determines that the area to be surrounded by the City of San Bernardino cannot reasonably be annexed to another city or incorporated as a new city. 3.Approve LAFCO 3188A with the following conditions: a.The City of San Bernardino shall be required to initiate annexation of the totally-surrounded island within one year of the Commissions approval of LAFCO 3188A and process under standard protest proceedings. A resolution by the City Council of the City of San Bernardino shall be submitted to the Executive Officer of LAFCO outlining the Citys commitment to fulfilling this requirement prior to the issuance of the Certificate of Completion for LAFCO 3188A. A status report shall be provided to the Commission at the six-monthdate outlining the progress of the City of San Bernardino in fulfilling its obligation. Failure on the part of the City of San Bernardino to fulfill its commitment to annex the totally- surrounded island shall require that the next annexation proposed to the City of San Bernardino, either by the City through resolution or by property owner/registered voter petition, include a condition requiring the initiation of annexation of the totally-surrounded island. Said condition of approval shall be deemed completed upon the issuance of the Certificate of Filing for said island. b.The standard LAFCO terms and conditions that include, but are not limited to, the hold harmless clause for potential litigation costs by the applicant and the continuation of fees, charges, and/or assessments currently authorized by the annexing agency, and the identification that the transfer of utility accounts will occur within 90 days of the recording of the Certificate of Completion. 4.Waive protest proceedings, as permitted by Government Code Section 56662(d), with 100% landowner consent to the reorganization; and, Attachment: CED.Spring Trails.Attachment 4 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 7 Packet Pg. 749 26.d Agenda Item # LAFCO3188A Cityof San Bernardino Reorganization (Spring Trails SP) October 8, 2019 5.Adopt LAFCO Resolution No. 3291 (Attachment #4) setting forth the Commissions determinations, terms, and conditions of approval concerning LAFCO 3188A. chments: Atta 1.Original Staff Reportfor LAFCO 3188A Dated August 14,2019 2.LettersReceived Afterthe August 21,2019 Hearing 3.LetterfromTom Dodson andAssociates and Facts, Findings and Statement of Overriding Considerations,and Environmental Documents Relatedto the City of SanBernardinos Approval of the SpringTrails SpecificPlan 4.Draft Resolution No. 3291 Attachment: CED.Spring Trails.Attachment 4 1_15_20 (6579 : Annexation of the Remaining Unincorporated Island of Land Abutting Spring 8 Packet Pg. 750 26.e Resolution No. 2020-11 RESOLUTION NO. 2020-11 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY REGARDING THE SPRING TRAILS SPECIFIC PLAN PROJECT TO THE CITY OF SAN BERNARDINO, CALIFORNIA WHEREAS, Trails Specific Plan Project (SP10-01) that included a variety of underlying entitlements, including the adoption of Resolution No. 2013-34 that certified the Final Environmental Impact Report, the adoption of a Mitigation Monitoring and Reporting Plan, the adoption of a General Plan Amendment No. GPA-02-09 (including the pre-annexation of the Specific Plan area), the approval of Tentative Tract Map No. 15576, and the approval of a Development Agreement; and WHEREAS, in March 2015, the applicant, Montecito Equities, Ltd., filed a Landowner Petition for annexation with the San Bernardino County Local Area Formation Commission the annexation of the area known as the Spring Trails into the City of San Bernardino; and WHEREAS, on October 16, 2019, LAFCO adopted Resolution No. 3291 approving the annexation of the Project (LAFCO Annexation No. 3188A) into the City, subject to certain conditions of approval; and WHEREAS, the annexation resulted in the creation of a twenty-six (26)-acre totally- surrounded island area comprised of six (6) parcels orated herein by this reference; and WHEREAS, one of the conditions of approval was that the City initiate annexation of the Island Territory within one (1) l of LAFCO Annexation No. 3188A; and WHEREAS, presently the six (6) parcels of the Island Territory remain a part of unincorporated County of San Bernardino; and WHEREAS, the City Council now desires to proceed to adopt this Resolution of Intention to initiate the annexation of the Island Territory to the City and to describe the Island Territory proposed to be annexed. 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. Attachment: CED.Spring Trails.Resolution of intention to annex land re Spring Trails Specific Plan Project-c1 (6579 : Annexation of the Packet Pg. 751 26.e Resolution No. 2020-11 SECTION 2. The proceedings for annexation are initiated by this City Council pursuant to the authorization provisions contained in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Gov. Code § 56000 et seq.). SECTION 3. The City Council hereby determines that the public convenience and necessity requires that the Island Territory be added to the City and it declares its intention to annex the Island Territory to the City. A description of the Island Territory is as follows: All that property within the Island Territory proposed to be annexed to the City, as such property is shown on the Remaining attached hereto and a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance 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 day of , 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ City Attorney Attachment: CED.Spring Trails.Resolution of intention to annex land re Spring Trails Specific Plan Project-c1 (6579 : Annexation of the Packet Pg. 752 26.e Resolution No. 2020-11 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-11, adopted at a regular meeting held on the day of , 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this day of , 2020. ______________________________ Georgeann Hanna, MMC, City Clerk Attachment: CED.Spring Trails.Resolution of intention to annex land re Spring Trails Specific Plan Project-c1 (6579 : Annexation of the Packet Pg. 753 27 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Michael Huntley, Community & Economic Development Director Subject: Building Code Adoption Recommendation Accept for final reading and adopt Ordinance No. MC-1525 of the Mayor and City Council of the City of San Bernardino, California, approving the adoption of the 2019 California Building Codes as proposed and amended. Background On December 4, 2019, the Mayor and City Council conducted a public hearing to adopt Ordinance No. MC-1525, approving the adoption of the 2019 California Building Codes as proposed and amended. California State Law Title 24 requires that local municipalities adopt the latest addition of the state Model Building Codes with local and Office of the State Fire Marshal amendments. 2019-20 Goals and Objectives Approving the adoption of the 2019 California Building Codes as proposed and amended aligns with Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City, and will comply with State Law, which requires the adoption of the new California Model Building Codes every 3 years after the state adopts International Model Codes. 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, accept for final reading and adopt Ordinance No. MC-1525, approving the adoption of the 2019 California Building Codes as proposed and amended. Attachments Attachment 1 Ordinance MC-1525 Packet Pg. 754 Page 1 27.a Ordinance No. MC 1525 ORDINANCE NO. MC 1525 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SECTIONS 15.04.020, 15.04.050, 15.04.060, 15.04.070, 15.04.210, 15.04.250, 15.05.010, 15.08.050, 15.10.080, 15.28.150, 15.28.160, 15.36.010, 15.48.040, 15.57.020, 15.57.030, 15.57.040, AND 15.68.050 TO THE SAN BERNARDINO MUNICIPAL CODE AND REPEALING SECTIONS 15.08.060, 15.48.060, AND 15.48.090 TO THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO BUILDINGS AND CONSTRUCTION FROM TITLE 5 TO THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT BY REFERENCE THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), CONSISTING OF THE 2019 CALIFORNIA BUILDING CODE (INCORPORATING AND AMENDING THE 2018 INTERNATIONAL BUILDING CODE); THE 2019 CALIFORNIA ELECTRICAL CODE (INCORPORATING AND AMENDING THE 2017 NATIONAL ELECTRICAL CODE); THE 2019 CALIFORNIA PLUMBING CODE (INCORPORATING AND AMENDING THE 2018 UNIFORM PLUMBING CODE); THE 2019 CALIFORNIA MECHANICAL CODE (INCORPORATING AND AMENDING THE 2018 UNIFORM MECHANICAL CODE); THE 2019 CALIFORNIA ENERGY CODE; THE 2019 CALIFORNIA HISTORICAL BUILDING CODE; THE 2019 CALIFORNIA FIRE CODE; THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE; THE 2018 INTERNATIONAL RESIDENTIAL CODE, THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE; AND THE 2018 INTERNATIONAL EXISTING BUILDING CODE. WHEREAS, pursuant to Government Code section 50022.1 et seq., the City of San Edition as provided in Title 24 of the California Code of Regulations and other codes, including, without limitation, the California Administrative Code, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Fire Code, California Green Building Standards Code, International Residential Code, International Property Maintenance Code, and Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) International Existing Building Code; and WHEREAS, adopted the 2019 Edition of the California Building Standards Code; and WHEREAS, Health and Safety Code section 17958.7 and 18941.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological, and topographical conditions; and WHEREAS, the City held a public hearing on December 4, 2019, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and Packet Pg. 755 27.a WHEREAS, the City published notice of the aforementioned public hearing pursuant to Government Code section 6066 on December 4, 2019. WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred. 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. Section 15.04.020 of the SBMC is hereby amended to state in full as follows: 15.04.020 Adoption of Codes by Reference A. Adoption of the California Building Standards Code by Reference Those certain rules and regulations as set forth in the following codes are hereby adopted by reference as the regulations governing the erection, construction, alteration, change of occupancy, repair, removal, and maintenance of all buildings and other structures in the City: 1. The 2016 2019 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, incorporating those state adopted model codes listed pursuant to Health and Safety Code Section 17922, and all state adopted amendments thereon, and incorporating: A. California Building Code (CBC), 2016 edition; Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) B. California Electrical Code (CEC), 2016 edition; C. California Mechanical Code (CMC), 2016 edition; D. California Plumbing Code (CPC), 2016 edition; E. California Green Building Standards Code (CGBSC), 2016 edition; and F. California Residential Code (CRC), 2016 edition. B. Adoption of Other Codes by Reference In addition to the California Building Standards Codes, those certain rules andregulations, as set forth in the following codes, and appendices are hereby adopted by Packet Pg. 756 27.a reference and shall regulate the erection, construction, change of occupancy, alteration, repair, removal and maintenance of all buildings and other structures in the City: 1. Uniform Housing Code (UHC), 1997 edition; A. Except as provided in this chapter, the certain code currently adopted State Building Code under title 24 sections parts 1-6, 8, 9 and 11 of the CCR known and designated as the 2016 2019 California Building Codes (CBC), as adopted by the State of California, based on the 2015 2018 International Building Code published by the International Code Council and the Plumbing and Mechanical Codes written by IAPMO and the National Electrical Code and Fire Code as written by NFPA, shall become the administrative provisions of the City of San Bernardino for regulating the construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use and occupancy and maintenance of all buildings and/or structures in the city. Chapter 1 of the 2019 California Building Code and all other formally adopted building Code will be on file for public examination in the offices of the building official as required by State Law. B. The City of San Bernardino does hereby formally adopt the State of California model building Codes into local law as listed below: 1. 2019 California Administrative Code Title 24 Part 1 2. 2019 California Building Code Title 24 Part 2 (Volumes 1 & 2) 3. 2019 California Electrical Code Title 24 Part 3 (based on 2017 NEC) 4. 2019 California Mechanical Code Title 24 Part 4 (based on 2018 Uniform Mechanical Code) 5. 2019 California Plumbing Code Title 24 Part 5 6. 2019 California Energy Code Title 24 Part 6 7. 2019 California Historical Building Code Title 24 Part 8 Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) 8. 2019 California Fire Code Title 24 Part 9 (specific amendments to the California Fire Code are to be adopted by district for the greater San Bernardino County Fire District and will include Office of the State Fire Marshall requested amendments.) 9. 2019 California Green Building Standards Code Part 11 1. Uniform Administrative Code(UAC), 1997 edition; 10. Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 edition; 11. International Residential Code, Appendix H, 2015 2018 edition; 12. International Property Maintenance Code (IPMC), 2015 2018 edition; and Packet Pg. 757 27.a 13. International Existing Building Code (IEBC), 2015 2018 edition. C. Copies of all Codes listed above shall be on file in the Community and Economic Development Deparbnent Department Office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy. These codes are also available for view on the International Code Conference website: http://www.ICCsafe.org D. All sections of the Code listed here and legally Building Standards Commission or by the Office of the State Fire Marshall shall be formally adopted by the City of San Bernardino as the California Building Code to be enforced within the City limits as required by state law. Sections and appendices not specifically adopted by the aforementioned State offices are hereby adopted by reference. SECTION 3. Section 15.04.050 of the SBMC is hereby amended to state in full as follows: 15.04.050 IBC Appendix CBC Chapter 1, Section 105.5.1 is added Prima Facie Evidence of Abandoned Work Section 105.5.1 Prima Facie Evidence of Abandoned Work Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 180 day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired. Section 105.5.1 Prima Facie Evidence of Abandoned Work Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 180 day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired. SECTION 4. Section 15.04.060 of the SBMC is hereby amended to state in full as follows: Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) 15.04.060 CBC Appendix Chapter 1, Section 113.1.1 is added Board of Appeals Designated Section 113.1.1 Board of Appeals Designated 1. The Board of Building Commissioners of the City of San Bernardino shall serve as the Board of Appeals. The Building Official or his designee shall be Clerk of the Board. The Board shall have such duties as are delegated to it by the California Building Code (CBC) as adopted by the City, and other duties as may be delegated by other provisions of the San Bernardino Municipal Code. SECTION 5. Section 15.04.070 of the SBMC is hereby amended to state in full as follows: Packet Pg. 758 27.a 15.04.070 CBC Appendix Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a Building Permit 2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards. SECTION 6. Section 15.04.210 of the SBMC is hereby amended to state in full as follows: 15.04.210 CBC Appendix J, Section J112 is added Grading Operations J112.1 General. All parties performing grading operations, under a grading permit issued by the Building Official, shall have verification of land use entitlement and shall take reasonable preventive measures, as directed by the Building Official and incorporated into the Grading Policy promulgated by the Community and Economic Development Department, to avoid earth or other materials from the premises being deposited onto adjacent streets or properties, by the action of storm waters or wind, by spillage from conveyance vehicles or by other causes. Grading operations of 50 cubic yards or more shall be performed by qualified individuals/entities demonstrating proficiency in grading operations to the satisfaction of the Building Official or the Building officials designated representative or observed and supervised by such an individual. Typical qualified individuals would include a licensed contractor, geologist or engineer. J112.2 Removal of Materials Within 24 Hours. Earth or other materials which are deposited on adjacent streets or properties shall be completely removed by the permittee as soon as practical, but in any event within 24 hours after receipt of written notice from the Building Official, or NPDES Coordinator, or their designees, to remove the earth or materials, or within such additional time as may be allowed by written notice. J112.3 Noncompliance. In the event that any party performing grading shall fail to comply with the requirements of this Section, the Building Official shall have the authority to engage the Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) services of a contractor to remove the earth or other materials. All charges incurred for the services of the contractor shall be paid to the City by the permittee prior to acceptance of the SECTION 7. Section 15.04.250 of the SBMC is hereby amended to state in full as follows: 15.04.250 Automatic Fire Sprinklers- Residential Additions The exception listed in Section R313.2 of the 2016 California Residential Code is hereby amended to read: "An automatic fire sprinkler system shall be required for remodel, rehabilitation, repairs or additions where the cumulative square footage of the new work exceeds 50% of the existing square footage as determined by the Chief Building Official." Packet Pg. 759 27.a That Authority to require passive fire suppression (sprinklers) for residential additions will be determined by the acting Fire Authority based on availability of water and existing hydrants fire SECTION 8. Section 15.05.010 of the SBMC is hereby amended to state in full as follows: 15.05.010 Citation of Sections This chapter shall be known as the "Property Maintenance Code," and may be cited as such. For purposes of citation, the International Property Maintenance Code, 2016 2018 Edition, published by the International Code Conference; adopted by reference and amended by the City, SECTION 9. Section 15.08.050 of the SBMC is hereby amended to state in full as follows: 15.08.050 Reports Required A. A liquefaction report plus mitigation measures prepared by a Registered Civil Engineer shall be required by the Director of Development Services Community and Economic Development for new construction or structural modification of more than twenty-five percent (25%) of the building area for the buildings or structures listed below which fall within the high liquefaction susceptibility areas as indicated on the Map: 1. Essential facilities, as defined in Section Table 1604.4 of the California Building code 2312 (K) of the Uniform Building Code, including but not limited to hospitals and other emergency medical facilities, fire and police stations, and government disaster operation and communication centers. 2. Buildings where the primary occupancy is for assembly use for more than fifty (50) persons in one room. 3. Buildings over two stories in height. 4. Buildings with the following occupancies, as listed in the Uniform California Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) Building Code: a. Group A, (Assembly) Divisions 1, 2 and 2.1; b. Group E, (Educational) Division 1; c. Group H, (High Hazard) Divisions 1 and 2; and d. Group I, (Institutional) Divisions 1 and 2. 5. Buildings with an occupant load of more than 300, as determined by Table 33-A of the Uniform Building Code. Table 1004.1.2 of the California Building Code. Packet Pg. 760 27.a 6. Underground tanks of more than 5,000 gallons, for storage of toxic, hazardous or flammable materials. 7. Tanks with a height of more than 35 feet. 8. Towers with a height more than 35 feet. B. A liquefaction report plus mitigation measures prepared by a Registered Civil Engineer may be required by the Director of Development Services for new construction or structural modification of more than twenty-five percent (25%) of the building area for the buildings or structures listed below, which fall within the moderately high to moderate liquefaction susceptibility areas as indicated on the Map: 1. Essential facilities, as defined in Section 2312(K) of the Uniform Building Code, including but not limited to hospitals and other emergency medical facilities, fire and police stations, and government disaster operation and communication centers. 2. All structures listed in Subsection 15.08.050A, when the Director of Development Services determines a report is needed based on current data. SECTION 10. Section 15.08.060 of the SBMC is hereby repealed and marked SECTION 11. Section 15.10.080 of the SBMC is hereby amended to state in full as follows: Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) 15.10.080 Applicable Building Standards The building standards contained in the California Building Code, Chapter 7A, shall apply in the Foothill Fire Zones and in state designated Very High Fire Hazard Severity Zones. In addition, the following requirements shall apply as noted herein: A. Fencing shall be of approved noncombustible or ignition-resistant material. B. Vinyl window frame assemblies shall have the following characteristics: 1. Frames shall have welded corners and metal reinforcement in the interlock area; 2. Dual-paned insulated glazed units with at least one pane of tempered glass; Packet Pg. 761 27.a 3. Frame and sash profiles are certified in AAMA Lineal Certification Program (verified by an AAMA product label or a Certified Products Directory); 4. Certified and labeled to ANSI/AAMA/NWWDA 101/I.S.2-97 for structural requirements. C. Roof mounted turbine vents shall not be permitted D. All roof coverings shall be of non-wood materials with at least a Class A fire-retardant rating. E. All new residential structures located within the High Fire Hazard Severity Zone (except those rebuilt due to damage or destruction from anyone common fire or other catastrophe) shall be provided with automatic fire sprinklers. If the floor area of an existing residential structure is increased more than 60%, then the entire structure must be retrofitted with fire sprinklers. The design and installation of fire sprinklers systems shall be approved by the City Fire Department Authority. SECTION 12. Section 15.28.150 of the SBMC is hereby amended to state in full as follows: 15.28.150 Abatement of nuisance by Building Official A. The same procedures provided in Section 15.28.140 for abating nuisances through securing from entry any structure which is determined by the Building Official to be immediately dangerous or hazardous may be used by the Building Official in connection with the summary abatement of all other nuisances upon private property which the Building Official determines in his discretion to constitute an immediately dangerous or hazardous condition in accordance with California Building Code section 116. B. The Building Official or his representative may summarily abate conditions found to be a nuisance under subsection (A) in his discretion in the most appropriate manner under the circumstances. 1. The manner of abatement may include, but is not limited to, the following methods: fencing, draining water from swimming pools and filling with Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) appropriate ballast, removing the fire hazards, filling or covering open holes and grading or strengthening landfills or excavations. 2. Although the manner and method used by the Building Official shall be at his discretion, he shall, in making his determinations, seek the most economical method and endeavor not to place an undue economic hardship upon the owners of the property, using only those measures which will eliminate the dangerous and hazardous conditions. C. The Building Official shall immediately after such abatement action mail notice to the owners as provided in Section 15.28.140. The notice shall include: 1. A description of the action he has taken; Packet Pg. 762 27.a 2. The cost thereby incurred by the City, including all administrative costs; 3. The reasons why he has taken the action; 4. That an appeal may be taken within ten days to the Board of Building Commissioners as provided in Section 15.28.140; and 5. That if this action is not annulled by the Board of Building Commissioners, the cost of abating the nuisance on the property shall become a special assessment and lien on the property unless the cost is paid to the City within thirty days of the mailing of the notice. D. Fees for processing of demands for information regarding liens imposed under this chapter shall apply in an amount set by resolution of the Mayor and Common City Council. E. The procedures hereunder for appeal, hearing, and any other actions shall be as provided in Chapter 3.68* for determination and collection of the assessment for costs of SECTION 13. Section 15.28.160 of the SBMC is hereby amended to state in full as follows: 15.28.160 Discontinuance of utilities The Building Official may order the discontinuance or disconnection of utilities for unsafe conditions as allowed by the California Building Code. In the event the Building Official causes summary abatement of any condition herein provided and as an alternate method to ensure that payment is made to the City for the costs of such abatement in cases involving abandoned structures, the Building Official is authorized to direct all utility companies to discontinue any utility services or connection to the property upon which the structure is located; and the utility companies shall not reconnect until full payment of such cost is made to the City as determined by the Building Official. SECTION 14. Section 15.36.010 of the SBMC is hereby amended to state in full Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) as follows: 15.36.010 Permit required Application Any person, firm, or corporation desiring to demolish, dismantle, or tear down any house, building, or structure within the City or to move the same outside the City limits shall, before proceeding with such work, file an application with the Superintendent of the Department of Development Services Building Official for permit to do so. The Superintendent Building Official, if he feels that the granting of such permit is not contrary to public health, safety, and welfare, and if he determines that the applicant has fully complied with and satisfied each and every other applicable provision of local and state law, shall issue such permit; provided, however, that as a condition to the issuance of such permit, the applicant shall pay to the Superintendent Building Official a fee in a sum in accordance with the schedule set forth in Packet Pg. 763 27.a Section 303 of the Uniform California Building Code which shall be in addition to any other fee required by law, and shall deposit with him a surety bond in the amount of one thousand dollars to ensure the faithful performance by the applicant of the following conditions under which such permit is granted, namely: that upon the moving, demolition, dismantling or tearing down of such house, building or other structure, the lot, parcel, or site shall be cleared of all debris, brick, rock, cement work, foundations, weeds, brush, dead or uncared for trees and vegetation and be filled and graded in accordance with the provisions of Chapter 15.04 in such a manner that storm waters and other waters will not accumulate thereon so that the premises are left in a clean and safe condition as determined by the Director of Development Services Community and Economic Development. Any permit issued under this section shall be further conditioned upon completion of the work of moving or demolition, dismantling, tearing down, filling, grading and cleaning of the site within a period of ninety days from the date of its issuance which period may be extended by the Chief Building Inspector upon good cause shown for such additional periods as may be reasonably required to carry out the purposes of the permit. The permit shall not be issued or approved unless and until the applicant has furnished satisfactory evidence to the Superintendent 1. That he has fully complied with the provisions of Section 119(a) of the Uniform Plumbing Code or other law pertaining to the plugging or capping of abandoned sewer outlets; 2. That he has obtained a permit for such plugging and capping in accordance with Section 1.8 of the Uniform Plumbing Code or other law; 3. That he has completed the plugging and capping thereof in an approved manner as evidenced by a final inspection; and 4. That he has cleaned and filled any abandoned cesspool and has filled and graded the property SECTION 15. Section 15.48.040 of the SBMC is hereby amended to state in full as follows: 15.48.040 Gates and doors - Specifications Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) All gates or doors opening through the required enclosure shall be not less than four feet high. Gates or doors shall be equipped with a self-closing and self latching device located within three inches of the required height of fence or wall. Closing and latching devices shall be designed to keep and capable of keeping the door or gate securely closed at all times when not in actual use. The door of any occupied dwelling forming any part of the required enclosure need not be equipped with self-closing or self-latching devices. No gate or door across a driveway providing access to any required parking area may open into the area between a fence or wall SECTION 16. Section 15.48.060 of the SBMC is hereby repealed and marked Packet Pg. 764 27.a SECTION 17. Section 15.48.090 of the SBMC is hereby repealed and marked SECTION 18. Section 15.57.020 of the SBMC is hereby amended to state in full as follows: 15.57.020 Definitions For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows: A. "Commercial structure" shall mean any building or structure all or part of which contains a commercial or industrial use permitted by this Code; provided, however, "Commercial Structure" shall not include any building or structure constructed or reconstructed for the elderly and handicapped pursuant to Title 15 of this Code, or pursuant to Title 25 or 26 of the California Code of Regulations.. B. "Construction cost" shall mean the total value of all construction or reconstruction work on a commercial structure as determined by the Director of Community and Economic Development pursuant to Section 15.04.080 of this Code in issuing a building permit for such construction or reconstruction. C. "New Construction" shall mean all new commercial construction. D. "Reconstruction" shall mean additions, alterations, repairs or remodels made to an existing commercial structure. Reconstruction is required to conform to the requirements for new buildings pursuant to the Uniform California Building Code and Title 15 of this Code. Reconstruction necessitated by natural disaster or accidental damage shall not be subject to this Chapter provided, however, that damage in the normal course of business SECTION 19. Section 15.57.030 of the SBMC is hereby amended to state in full as follows: 15.57.030 Cultural Development Construction Tax imposed Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) A. A cultural development construction tax is imposed on the privilege of New Construction or Reconstruction as defined in Section 15.57.020 Subsections C and D. Such tax shall be equal to one-half (1/2) of one (1) percent of the Construction Cost. B. Notwithstanding the foregoing provisions, the tax shall not be imposed and charged for any permit for which an application together with two sets of complete plans and specifications as required by Sections 301 and 302 of the Uniform California Building Code are filed and approved with the City prior to September 8, 1986, provided that the applicant has paid all plan check fees prior to that date. C. No cultural development construction tax shall be charged for the first Reconstruction of any Commercial Structure up to its previously existing square footage, if the previously Packet Pg. 765 27.a existing Commercial Structure was voluntarily demolished by the property owner after SECTION 20. Section 15.57.040 of the SBMC is hereby amended to state in full as follows: 15.57.040 Time of payment The cultural development construction tax required in Section 15.57.030 to be paid shall be due and payable upon issuance by the City of a building permit for the New Construction or Reconstruction of any Commercial Structure; provided, however, that there shall be a refund of such tax in the event that the building permit expires, within the meaning of Section 302 (d) of the latest edition of the Uniform California Building Code adopted in the City, within thirty days after the date of such expiration, upon written application for such refund by the person who paid such tax setting forth in full the facts showing that such permit has expired. The full amount due under this Chapter shall constitute a debt to the City. An action for the collection thereof may be SECTION 21. Section 15.68.050 of the SBMC is hereby amended to state in full as follows: 15.68.050 Requirements in addition to building code and other laws The requirements of this Chapter are in addition and supplemental to any other requirements set forth in the Uniform California SECTION 22. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 23. 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 Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 24. 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 25. CEQA. The City Council finds that the amendments to the Municipal Code, made pursuant to this Ordinance, are exempt from the California meaning of CEQA Section 15378. The amendments herein have no potential for resulting in physical change to the environment, directly or indirectly. The City further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless Packet Pg. 766 27.a exempt from the requirements of 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. These amendments do not allow any new activities, but merely adopt updated language. Staff is hereby directed to file a Notice of Exemption with the San Bernardino County APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___th day of _______, 2020. ___________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) Gary D. Saenz, City Attorney Packet Pg. 767 27.a Ordinance No. MC 1525 CERTIFICATION STATE OF CALIFORNA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. 1525, introduced by the City Council of the City of San Bernardino, California, at th a regular meeting held the 4 day of December, 2019. Ordinance No. 1525 was approved, passed th and adopted at a regular meeting held the 15 day of January 2020, by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. ______________________________ Attachment: Ordinance MC-1525 (6581 : Building Code Adoption) Georgeann Hanna, MMC, City Clerk Packet Pg. 768 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 28 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager Subject: 2010A and 2010B Series Tax Allocation Bond Proceeds- Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the staff report regarding the status of the 2010A and 2010B Series Tax Allocation Bonds proceeds. Background The purpose of this report is to provide an update to the Mayor and City Council regarding the proceeds from the 2010 A and 2010 B Series Tax Allocation Bonds (TABs), including relevant history, expenditures to date, remaining balances, and eligible future uses. As of December 31, 2019, $3,010,672 in 2010 A proceeds and $135,078 in 2010 B proceeds are available. No action is requested at this time. Original Bond Issuance On December 1, 2010, the Mayor and City Council, acting in their capacity as the Community Developmen Redevelopment Agency), authorized the issuance of both taxable TABs (through the Federal American Recovery and Reinvestment Act of 2009); and tax-exempt TABs. The purpose of the bonds, per the resolution approving the issuance, was to finance th Street Corridor Project and for the Northwest Redevelopment Project Area Although authority was granted to issue up to $7,068,000 in taxable TABs and $6,000,000 in tax-exempt TABs, ultimately $7,065,000 in taxable TABs (2010 A Series) and only $3,220,000 in tax exempt TABs (2010 B Series) were issued. After deducting costs related to issuance and amounts legally required to be set aside for the reserve fund, proceeds available for projects from the 2010 A TABs were $6,045,429 and proceeds available for projects from the 2010 B Series TABs were $2,701,558. Dissolution of Redevelopment Agencies By action of the California State Legislature (and after a number of court challenges) Redevelopment Agencies were officially dissolved as of February 1, 2012. Per state legislation, proceeds from bonds issued on or before December 31, 2010, could be utilized as planned; however, for bonds issued on or after January 1, 2011, only a Packet Pg. 769 Page 1 28 6582 percentage of the proceeds could be retained and utilized as planned. The 2010 A Series Bonds were issued in December 2010; therefore all of the proceeds designated for projects ($6,045,429) were available to the City. However, the 2010 B Series Bonds were not issued until February 2011. Because of this, the State Department of Finance (DOF) ruled that of the $2,701,558, only 40% ($1,080,623) could be used by the City for projects. Further complicating matters is the DOF restriction that, until the full and final Recognized Obligation Payment Schedule (ROPS) is completed, only $135,078 of the $1,080,623 is immediately available. In order for the City to use the bond proceeds deemed allowable by the DOF, on March 21, 2016, the Mayor and City Council authorized a bond expenditure agreement between the City of San Bernardino and the Successor Agency to the former Redevelopment Agency to utilize the bond proceeds for their intended purposes and the DOF approved the agreement in May 2016. Available Proceeds as of 12/31/2019 2010 A Series TABs proceeds: $ 6,045,430INITIAL BOND PROCEEDS FOR PROJECTS $ (3,034,758) SPENT/COMMITTED AS OF 12/31/19 $ 3,010,672REMAINING AVAILABLE (Attachment 1) to this report itemizes expenditures and commitments to date. 2010 B Series TABs proceeds: $ 2,701,558INITIAL BOND PROCEEDS FOR PROJECTS $ (1,620,935) DEEMED INELIGIBLE BY STATE DOF $ 1,080,623ELIGIBLE FOR CITY PROJECTS $ 135,078IMMEDIATELY AVAILABLE $ 945,545AVAILABLE UPON COMPLETION OF FINAL ROPS $ 1,080,623 Note: there has been no expenditure of 2010 B TAB proceeds. Only $135,078 is available for immediate use. The remaining $945,545 will not be available until lawsuits involving the Successor Agency are settled and the final ROPS can be submitted. Eligible Use of 2010 A Bond Proceeds: The Official Statement for the 2010 A Series TABs describes the project area as follows: thth ndth Street north to 5 Packet Pg. 770 Page 2 28 6582 is the project list from the Official Statement) far exceed the proceeds that were ultimately available. The primary use for the bond proceeds was to improve the downtown area as described extensively in the Official Statement. However, 11.5% of projects listed were for the Northwest Redevelopment Project Area-Sub Area A. Applied to the actual proceeds that were initially raised ($6,045,430), 11.5% equates to $695,224. The Council does have flexibility in determining how to utilize these proceeds as long as they generally fit the main overall description described in the Official Statement. During the upcoming Fiscal Year 2020/21 budget process, staff will bring a number of recommendations to Council for use of these limited funds. Eligible Use of 2010 B Bond Proceeds: The Official Statement for the 2010 B Series TABs describes the project area as the Northwest Redevelopment Project Area-Attachment 3 is the project list from the Official Statement and "Attachment 4" is a map of the Northwest Project Area) far exceeded the proceeds that were ultimately raised. These bonds are tax-exempt so there is less flexibility in their use and are limited to the Northwest Redevelopment Project Area-Sub Area A boundaries. As stated, only $135,078 in proceeds is currently available. Once the final ROPS is submitted, another $945,545 will become available. The final ROPS cannot be submitted until the Successor Agency settles all outstanding litigation. During the upcoming Fiscal Year 2020/21 budget process staff will bring a number of recommendations to Council for use of these limited funds. 2019-20 Goals and Objectives Receiving and filing this status report related to 2010 A and B Series TABs proceeds aligns with Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner. Reviewing this report will assist the Mayor and City Council with their future budget decisions related to these bond proceeds. Fiscal Impact There is no fiscal impact by taking the recommended action to receive and file this report. Proposed uses of the 2010 A and B available bond proceeds will be presented to the Mayor and City Council during the FY 2020/21 budget process. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file the staff report regarding the proceeds from the 2010A and 2010B Series Tax Allocation Bonds. Attachments Attachment 1 Expenditure to Date of 2010 A TABs proceeds Attachment 2 Excerpt from 2010 A Series TABs Official Statement Attachment 3 Excerpt from 2010 B Series TABs Official Statement Attachment 4 Northwest Project Area Map Packet Pg. 771 Page 3 Attachment: CM.2010 AB Bonds Attachment 1 (6582 : 2010A and 2010B Series Tax Allocation Bond Attachment 1 28.a Packet Pg. 772 Attachment 1 28.b Attachment 2 Attachment: CM.2010 AB Bonds Attachment 2 (6582 : 2010A and 2010B Series Tax Allocation Bond Proceeds-Update) Attachment 2 Packet Pg. 773 28.c Attachment 3 Attachment: CM.2010 AB Bonds Attachment 3 (6582 : 2010A and 2010B Series Tax Allocation Bond Proceeds-Update) Attachment 3 Packet Pg. 774 28.d Attachment 4 215 É § ¨¦ Subarea BSubarea B K P K BL ST TH 48 T TH S 40 ST 30TH 210 £ ¤ 27TH ST GHLAND AVE HI 210 £ ¤ 259 £ ¤ ST BASELINE Legend 9TH ST Attachment: CM.A_B Bond.Map.Attach.4 (6582 : 2010A and 2010B Series Tax Allocation Bond Proceeds-Update) Northwest Redevelopment Subarea ASubarea A Project ST 6TH T HS Northwest Redevelopment Project Northwest Redevelopment Project Packet Pg. 775 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 29 Staff Report City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Alex Qishta, Acting Public Works Director Subject: Anne Shirrells Park and Community Center Capital Improvement Project and Lease Amendment Recommendation Adopt Resolution No. 2020-14 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the City Manager to amend the Lease between the City of San Bernardino and Akoma Unity Center for use of Anne Shirrells Community Center facility at 1367 North California Street, San Bernardino, California from July 1, 2018 through June 30, 2026; and 2. Amending the FY 2019/20 Adopted Budget to include the Anne Shirrells Community Center Improvements Project; authorizing the Director of Finance to accept the $135,000 contribution from the MAC Foundation; and appropriating $83,308 from the Cultural Development Fund Balance (Fund 247) to the Capital Improvements Project to complete the project. Background On August 15, 2018, the Mayor and City Council adopted Resolution No. 2018-208, authorizing an agreement with the Akoma Unity Center (AUC) for the use of Anne Shirrells Community Center through a three (3) year lease with two (2) one-year extension options effective August 15, 2018, through June 30, 2021. Discussion The Akoma Unity Center (AUC) has secured $135,000 in funding from the More Attractive Community (MAC) Foundation to complete improvements at the Anne Shirrells Park and Community Center. Receipt of the funding from the MAC Foundation requires matching funds contributed by the City ($83,308) in addition to an extension of the current lease agreement, adding five (5) years to the initial term the Anne Shirrells Community Center through June 30, 2026 and amending the lease so that it can only terminated for cause during this time frame. The proposed park and community center projects supported by the AUC and the MAC Foundation allow the City to leverage existing resources to provide needed Packet Pg. 776 Page 1 29 6511 improvements at Anne Shirrells Park and Community Center, enhancing services to the community which include the following: Project Projected Cost ƚƌƌĻǤĬğƌƌ /ƚǒƩƷ wĻƓƚǝğƷźƚƓ υБЎͲЉЉЉ aĻķźƷğƷźƚƓ DğƩķĻƓΉ\[ğƓķƭĭğƦźƓŭ υЌЎͲЉЉЉ /ƚƒƒǒƓźƷǤ DğƩķĻƓ υЋЎͲЉЉЉ aǒƩğƌ υЊЌͲЌЉБ SUB TOTAL $158,308 5ĻƭźŭƓ υЋЎͲЉЉЉ /ƚƓƭƷƩǒĭƷźƚƓ aŭƷ͵ ΉLƓƭƦĻĭƷźƚƓ υЋЎͲЉЉЉ /ƚƓƷźƓŭĻƓĭǤ υЊЉͲЉЉЉ TOTAL $218,308 If approved by the Mayor and City Council, City staff will manage the capital improvement projects including design, biding, and construction. The AUC is also seeking authorization to renovate the basketball court which will be completed if AUC is able to secure additional grants/donations to fund the project at an estimated cost of $95,000. If authorized, City staff will solicit bids for the basketball court which will be awarded only if outside funding is secured by the AUC to cover the cost of construction. Completion of the identified projects will take 6 to 9 months. A fair market rental rate analysis was performed by the City of San Bernardino Real Property Division to start the negotiations of the lease amendment. Given that the services provided by the AUC positively engages the local community by providing many services addressing education, recreation, sports, and special interests, AUC has occupied and programmed the Anne Shirrells Community Center at a reduced rental rate. The proposed amendment includes a cost escalator that aligns more closely with the fair market rental rate for similarly sized properties, helping to off-set increased facility maintenance costs while providing for community support services and recreational programming. Staff attempted to present this item at the Parks, Recreation, and Community Services Commission meeting on December 19, 2019, for review. Without a quorum present, the Commission was unable to consider the item and provide input. 2019-20 Goals and Objectives Support of the proposed capital improvement projects at Anne Shirrells Park and Community Center aligns with Goal No. 7: Pursue City Goals and Objectives by Working with Other Agencies. Fiscal Impact Acceptance of the grant from the MAC Foundation in the amount of $135,000 would be Packet Pg. 777 Page 2 29 6511 deposited into the City's Grant Fund (Fund 123). The remaining match of $83,308 would be funded from the Cultural Development Fund (Fund 247). If approved, the estimated project cost for the Ann Shirrells Park and Community Center improvements project in the amount of $218,308 would be funded from the City's Grant Fund (account 123-160- xxxx-5504) in the amount of $135,000 and the Cultural Development Fund (account 247-160-xxxx-5504) to complete the project. Under the proposed terms of the amended lease agreement, the City will receive $138,288 in total revenue (Year One - $12,096; Year Two - $12,096; Year Three - $12,096; Year Four - $18,000; Year Five - $18,000; Year Six - $18,000; Year Seven - $24,000; Year Eight - $24,000). Conclusion Adopt Resolution No. 2020-14 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the City Manager to amend the Lease between the City of San Bernardino and Akoma Unity Center for use of Anne Shirrells Community Center facility at 1367 North California Street, San Bernardino, California from July 1, 2018 through June 30, 2026; and 2. Amending the FY 2019/20 Capital Improvement Program Fund (Fund 160) to include the Anne Shirrells Community Center Improvements; authorizing the Director of Finance to accept the $135,000 contribution from the MAC Foundation; and appropriating $83,308 from Cultural Development Fund (Fund 247 ) to the Capital Improvement Projects Fund to complete the project. Attachments Attachment 1 Resolution; Exhibit A Attachment 2 Lease Agreement Resolution No. 2018-208 Attachment 3 Project Area Attachment 4 MAC Foundation Commitment Letter Ward: 6 Previous Synopsis of Council Actions: June 6, 2016 The Mayor and City Council adopted Resolution No. 2016-171, approving an agreement with United Nations of Consciousness for use of Anne Shirrells Community Center. August 15, 2018 The Mayor and City Council adopted Resolution No. 2018-208, approving an agreement with Akoma Unity Center for the use of Anne Shirrells Community Center. Packet Pg. 778 Page 3 29.a Resolution No. 2020-14 RESOLUTION NO. 2020-14 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO AMEND THE LEASE BETWEEN THE CITY OF SAN BERNARDINO AND AKOMA UNITY CENTER FOR FACILITY USE OF ANNE SHIRRELLS COMMUNITY CENTER AT 1367 NORTH CALIFORNIA STREET, SAN BERNARDINO, CALIFORNIA FROM JULY 1, 2018 THROUGH JUNE 30, 2026; AND AMENDING THE FY 2019/20 CAPITAL IMPROVEMENT PROGRAM (CIP) TO ADD ANNE SHIRRELLS COMMUNITY CENTER IMPROVEMENTS; AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT $135,000 CONTRIBUTION FROM MAC FOUNDATION; AND APPROPRIATING $73,308 FROM FUND 247 CULTURAL DEVELOPMENT CONSTRUCTION FUND TO COMPLETE THE PROJECT WHEREAS, on August 15, 2018, by Resolution No. 2018-208, the Mayor and Common Council authorized the execution of a Lease with Akoma Unity Center for property located at and WHEREAS, Akoma Unity Center wishes to enter into a Lease Amendment to extend the term of the current Lease for an additional five-year term, terminating on June 30, 2026; and WHEREAS, Akoma Unity Center has secured a grant from the MAC Foundation in the amount of $135,000 to complete improvements at the Ann Shirrells Park and Community Center, which requires the City to provide matching funds to provide for site improvements at Anne Shirrells Park and Community Center. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. That the City Manager is hereby authorized to execute a lease amendment, between the City of San Bernardino and Akoma Unity Center for the use of Anne Shirrells Community Center, located at 1367 N. California Street, San Bernardino, CA 92411, a copy of though set forth at length. SECTION 3. That the City Council authorize an amendment to the 2019-2020 Capital Improvement Program (CIP) to add Anne Shirrells Community Center Improvements, authorize the Director of Finance to accept the $135,000 contribution from the MAC Foundation and Attachment: PW.Lease Amendment with Akoma Resolution \[Revision 4\] (6511 : Anne Shirrells Park and Community Center Capital Packet Pg. 779 29.a Resolution No. 2020-14 appropriate $83,308 from Fund 247, Cultural Development Construction Fund to complete the project. SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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 ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Attachment: PW.Lease Amendment with Akoma Resolution \[Revision 4\] (6511 : Anne Shirrells Park and Community Center Capital Packet Pg. 780 29.a Resolution No. 2020-14 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020, by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Georgeann Hanna, MMC, City Clerk Attachment: PW.Lease Amendment with Akoma Resolution \[Revision 4\] (6511 : Anne Shirrells Park and Community Center Capital Packet Pg. 781 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 782 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 783 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 784 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 785 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 786 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 787 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 788 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 789 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 790 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 791 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 792 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 793 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 794 29.b Attachment: Akoma Lease Agreement 2018-208 \[Revision 2\] (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 795 29.c FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AKOMA UNITY CENTER, INC. This First First to the Lease Agreement dated August 15, 2018 Lease is made and entered into by and between the City of San Bernardino ity and Akoma Unity Center, Inc. Akomaas of the last date set forth below. 1. ell Park at 1367 N. California Street, San Bernardino, CA 92411 from the City pursuant to the Lease Agreement. 2. The Lease Agreement presently expires on June 30, 2021 and is subject to two additional one- 3. Now, the City and Akoma wish to amend the Lease Agreement to extend the initial term through 2026, increase the rent gradually over the additional five years, and retain -year options. 4. Section 3 of the Lease Agreement is hereby amended to replace 5. Section 4.1 of the Lease Agreement is hereby amended in its entirety to read as follows: advance on the first day of each month, commencing on COMMENCEMENT DATE, and continuing through the INITIAL TERM: Year One \[through June 30, 2019\] $1,008.00 per month Year Two \[July 1, 2019 June 30, 2020\] $1,008.00 per month Year Three \[July 1, 2020 June 30, 2021\] $1,008.00 per month Year Four \[July 1, 2021 June 30, 2022\] $1,500.00 per month Year Five \[July 1, 2022 June 30, 2023\] $1,500.00 per month Year Six \[July 1, 2023 June 30, 2024\] $1,500.00 per month Year Seven \[July 1, 2024 June 30, 2025\] $2,000.00 per month Year Eight \[July 1, 2025 June 30, 2026\] $2,000.00 per month 6. Section 39 of the Lease Agreement is hereby amended to add the following second paragraph: this AGREEMENT may not be terminated pursuant to this Section 39 except in one circumstance: By LESSEE and only in the event the San Bernardino City Unified School District terminates its Attachment: PW.Lease Agreement.First Amendment SB.Akoma Exhibit A (6511 : Anne Shirrells Park and Community Center Capital - 1 - Packet Pg. 796 29.c 7. Except as modified by this First Amendment, all provisions of the Lease Agreement shall remain in full force and effect for the term thereof. 8. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. \[SIGNATURES ON FOLLOWING PAGE\] Attachment: PW.Lease Agreement.First Amendment SB.Akoma Exhibit A (6511 : Anne Shirrells Park and Community Center Capital - 2 - Packet Pg. 797 29.c SIGNATURE PAGE TO FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AKOMA UNITY CENTER, INC. Dated: January __, 2020 AKOMA UNITY CENTER, INC. By: Kimberley Calvin Its: Executive Director Dated: January __, 2020 CITY OF SAN BERNARDINO By: Teri Ledoux Its: City Manager Attachment: PW.Lease Agreement.First Amendment SB.Akoma Exhibit A (6511 : Anne Shirrells Park and Community Center Capital - 3 - Packet Pg. 798 29.d AKOMA UNITY CENTER -CURRENT LANDSCAPE Attachment: PW.AUC.Anne Shirrells Park.Project Area Photos (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 799 29.d AKOMA UNITY CENTER -CURRENT LANDSCAPE Attachment: PW.AUC.Anne Shirrells Park.Project Area Photos (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 800 29.d AKOMA UNITY CENTER -CURRENT LANDSCAPE Attachment: PW.AUC.Anne Shirrells Park.Project Area Photos (6511 : Anne Shirrells Park and Community Center Capital Improvement Project Packet Pg. 801 29.e Attachment: PW.MAC Foundation Committment Letter (6511 : Anne Shirrells Park and Community Center Capital Improvement Project and Packet Pg. 802 29.e Attachment: PW.MAC Foundation Committment Letter (6511 : Anne Shirrells Park and Community Center Capital Improvement Project and Packet Pg. 803 29.e Attachment: PW.MAC Foundation Committment Letter (6511 : Anne Shirrells Park and Community Center Capital Improvement Project and Packet Pg. 804 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 30 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Alex Qishta, Acting Public Works Director Subject: Award of Construction Contract for Lytle Creek Community Center Park Roof Replacement Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, provide direction to staff regarding the Lytle Creek Community Center Park -15: 1. Authorizing the Director of Finance to amend the FY 2019/20 CIP to include total project cost amount of $62,000; and 2. Approving the award of a Construction Contract with San Marino Roof Co. Inc. in the amount of $51,837 with a contingency in the amount of $5,413 for construction of the Project; and 3. Authorizing the City Manager or designee to execute contract documents and purchase orders in support of the Project; and 4. Authorizing the Finance Director to reallocate unused Community Development Block Grant Funds from this project to other approved CDBG eligible Public Works projects. Background The Public Works Building Maintenance Division is responsible for maintaining City- building condition assessment was performed by Cannon Design. The results of the assessment indicate that the existing roof on the Community Center, is deteriorated and in need of attention. In, May 2019, the City Council approved funding through the FY 2019/20 Community Development Block Grant (CDBG) Program in an amount of $275,000 for a roof replacement at the Community Center location. Staff has completed the competitive bidding processes for the project, and is recommending consideration of the award of a construction contract to move forward with the project. Packet Pg. 805 Page 1 30 6553 Discussion The existing roof of the Community Center is approximately 25 years old and has undergone multiple patch repairs to extend its value. Based on the final assessment report provided by Cannon Design, and ongoing evaluation by Facilities staff, it has been determined that the roof has exceeded its useful life and is no longer salvageable through minor maintenance repair tasks. Replacement of the roof is required to ensure nterior contents are preserved and no additional structural deterioration occurs. Completion of the roof replacement is a critical first step towards preservation of other facets of the Community Center. Due to the Community Center location, and the services provided at the facility to support the disadvantaged community, the Lytle Creek Community Center Roof Replacement Project (Project) was found to be eligible for funding support through the CDBG funding program. On May 15, 2019, the Mayor and City Council considered funding allocations for program year 2019-2020 CDBG projects. Ultimately, the City Council approved to include the Project in the FY 2019/20 CDBG program of work, and authorized CDBG funding allocations in a total amount of $275,000 to support the Project. prepared plans, specifications and a scope of work for the Project. The proposed scope of work includes removing and disposing of the existing roof, installation of an adhered thermoplastic (PVC) feltback membrane roof system, polysocyanurate roof insulation, gypsum cover boards, PVC fascia, and other components to comprise a water tight roof system. Staff advertised the project for public bidding on November 13, 2019, and November 20, 2019, in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid total of four (4) sealed bids were received, and bid submissions were opened on December 5, 2019. The results of the bids received are shown below. BIDDER CITY BASE BID San Marino Roof Co. Inc. Orange $ 51,837 Best Contracting Services, Inc. Gardena $ 56,550 Rite-Way Roof Co. Fontana $ 63,632 Exbon Development, Inc. Garden Grove $ 74,500 Staff has reviewed all bid packages and confirmed that San Marino Roof Co. Inc. of Orange, California, is the lowest responsible and responsive bidder, with a total bid contract agreement (Attachment 4) to San Marino Roof Co., Inc. of Orange to complete the project. Packet Pg. 806 Page 2 30 6553 In addition to construction costs, staff is requesting to establish a construction contingency to provide for any unforeseen work related to the Project, and has also estimated staff costs required to support engineering inspections of the Project. The full project cost totals $62,000 and includes the lowest responsive construction bid, project contingencies, and engineering inspections. The breakdown of the total project costs are as follows: Estimated Project Costs Total Bid Amount $ 51,587 Construction Contingency $ 5,413 Engineering and Inspections $ 5,000 Total Project Costs $ 62,000 If awarded, is anticipated that construction would begin in March 2020 and be completed by June 2020. Because the total project cost ($62,000) is well below the CDBG funding allocated to the project ($275,000), staff is requesting that excess funds be reallocated to other previously approved CDBG eligible Public Works projects. If approved, a majority of the remaining funding ($210,300) would be reallocated to support a short fall in funding for the City-wide concrete repair project in the amount of $145,000, as well as provide additional support in the amount of $65,300 for the Playground Equipment Phase II project. These amounts will be added to the original project allocations, respectively. These projects are described in further detail in subsequent staff reports provided for Mayor and City Council consideration. While the project was identified as a priority through the CDBG funding evaluation process, it was not initially included in the Adopted Fiscal Year 2019/20 Capital Improvement Plan (FY 2019/20 CIP). Staff is now requesting that the FY 2019/20 CIP be amended to add the Project to the program of work with total project costs in an amount of $62,000. 2019-20 Goals and Objectives This project is consistent with Goal No 4: Ensure Development of a Well-Planned Balanced and Sustainable City. This project will contribute to ensure that the City is clean and attractive and provides infrastructure designed for long term economic growth. Fiscal Impact No General Fund Impact. Funding for this project was previously approved by the Mayor and City Council and is available through Program Year 2019/20 Community Development Block Grant funds. The approved allocation of $275,000 for the Lytle Creek Park Roof Replacement (account 119-160-8740-5504) is more than sufficient to cover the total project cost of $62,000. Upon approval, remaining project funding may be reallocated to previously approved CDBG eligible Public Works projects. Packet Pg. 807 Page 3 30 6553 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, provide direction to staff regarding the Lytle Creek Community Center Park -15: 1. Authorizing the Director of Finance to amend the FY19/20 CIP to include Lytle project cost amount of $62,000; and 2. Approving the award of a Construction Contract with San Marino Roof Co. Inc. in the amount of $51,837 with a contingency in the amount of $5,413 for construction of the Project; and 3. Authorizing the City Manager or designee to execute contract documents and purchase orders in support of the Project; and 4. Authorizing the Finance Director to reallocate unused Community Development Block Grant Funds from this project to other approved, CDBG eligible Public Works' projects. Attachments Attachment 1 Resolution Awarding Construction Contract to San Marino Roof Co. Inc. for Lytle Creek Park Community Center Roof Replacement Attachment 2 Bid Tabulation for Lytle Creek Park Community Center Roof Replacement Attachment 3 Lowest Bid Form for Lytle Creek Park Community Center Roof Replacement Attachment 4 Agreement Attachment 5 Location Map Attachment 6 SB Project Information Sheet Ward: 3 Synopsis of Previous Council Actions: May 15, 2019 Adopted funding allocation for Program Year 2019-2020 Community Development Block Grant (CDBG) Packet Pg. 808 Page 4 30.a Resolution No. 2020-15 RESOLUTION NO. 2020-15 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE 2019/20 CIP TO ADD LYTLE CREEK COMMUNITY CENTER ROOF REPLACEMENT PROJECT 13352 IN A TOTAL PROJECT AMOUNT OF $62,000; APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH SAN MARINO ROOF CO. INC. IN THE AMOUNT OF $51,837 FOR LYTLE CREEK COMMUNITY CENTER ROOF REPLACEMENT WITH A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $5,413; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS IN SUPPORT OF THE PROJECT; AND AUTHORIZING THE REALLOCATION OF UNUSED PROJECT FUNDS TO OTHER COMMUNITY DEVELOPMENT BLOCK GRANT ELIGIBLE PUBLIC WORKS PROJECTS WHEREAS, the City of San Bernardino owns, operates and is responsible for the maintenance of a number of municipal facilities, including Lytle Creek Community Center; and WHERAS, staff have identified the need for replacement of the roof of at Lytle Creek Community Center to preserve the City-owned asset; and WHEREAS, Community Development Block Grant funding to perform the roof replacement project at this facility was approved on May 15, 2019, by the Mayor and City Council in the amount of $275,000; and WHEREAS, staff has administered a competitive bid process to secure a construction contract to perform the roof replacement project; and WHEREAS, the City received four (4) bids on December 5, 2019, and San Marino Roof Co. Inc., 2187 N. Batavia Street, Orange, California, 92865 has been determined to be the lowest responsive, responsible bidder; and WHEREAS, the City now wishes to enter into a construction with San Marino Roof Co., Inc. of Orange to complete the roof replacement at Lytle Creek Community Center; and WHEREAS, the total project costs of $62,000 are well below the CDBG funding allocated for the project and the unused funds are eligible for reallocation to other previously approved CDBG eligible Public Works Projects. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Attachment: PW.San Marino Construction Contact Award Lytrle Creek Community Center Roof Replacement.01- Resolution-Attachment Packet Pg. 809 30.a Resolution No. 2020-15 SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Director of Finance is authorized to amend the Fiscal Year 2019-2020 CIP to include Lytle Creek Community Center Roof Replacement Project 133552 in a total project amount of $62,000. SECTION 3. The City Manager is authorized to execute a construction agreement San Marino Roof Co. Inc. in the amount of $51,837 with a contingency in the amount of $5, 413 for the roof replacement. SECTION 4. The City Manager or designee is hereby authorized to execute all documents in support of the Lytle Creek Community Center Roof Replacement Project 13352 on behalf of the City. SECTION 4. The Director of Finance is authorized to amend Program Year 2019/2020 Community Development Block Grant (CDBG) Program to redistribute any unused CDBG funds allocated to Lytle Creek Community Center Roof Replacement Project 133352, to other, previously approved, CDBG Funded Public Works projects to the extent allowable and in compliance with the CDBG funding guidelines. SECTION 5. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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 ___ day of __________, 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Attachment: PW.San Marino Construction Contact Award Lytrle Creek Community Center Roof Replacement.01- Resolution-Attachment Packet Pg. 810 30.a Resolution No. 2020-15 Approved as to form: __________________________________ Gary D. Saenz, City Attorney Attachment: PW.San Marino Construction Contact Award Lytrle Creek Community Center Roof Replacement.01- Resolution-Attachment Packet Pg. 811 30.a Resolution No. 2020-15 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. ______________________________ Georgeann Hanna, MMC, City Clerk Attachment: PW.San Marino Construction Contact Award Lytrle Creek Community Center Roof Replacement.01- Resolution-Attachment Packet Pg. 812 Attachment: PW.San Marino Construction Contract Award Lytle Creek Community Center Roof 30.b Packet Pg. 813 2,500.007,615.001,000.00 63,385.00 TOTAL $ $ $ $ $74,500.00 INC. 2,500.007,615.001,000.00 63,385.00 UNIT PRICE EXBON DEVELOPMENT $ $ $ $ 2,500.009,000.001,000.00 51,132.00 TOTAL $63,632.00 $ $ $ $ 2,500.009,000.001,000.00 51,132.00 RITE-WAY ROOF CO. UNIT PRICE$ $ $ $ 500.00 1,500.009,765.00 44,785.00 TOTAL $56,550.00 $ $ $ $ FOR SERVICES INC. 500.00 1,500.009,765.00 44,785.00 BEST CONTRACTING $ $ $ $ UNIT PRICE BID TABULATION 600.00 7,700.001,591.00 TOTAL 41,946.00 $ $ $ $ $51,837.00 SPECIAL PROVISIONS NO. 13352 BIDDER CO, INC. 600.00 7,700.001,591.00 APPARENT LOW 41,946.00 $ $ $ $ UNIT PRICE SAN MARINO ROOF LSLSLS EA UNIT 1111 LYTLE CREEK PARK COMMUNITY CENTER ROOF REPLACEMENT Totals QUANTITY ESTIMATED BID SCHEDULE BID ITEM DESCRIPTION Special Provisions NO. 13352 MobilizationRemove & Dispose Roof System Per Project Plans and Specifications Furnish & Install New Roof Per Project Plans and Specifications Construction Project Sign TOTAL BID SCHEDULE BID OPENING: 2:00 P.M., DECEMBER 05, 2019 Construction of Patton Basin Drainage Outlet Repair 1234 NO. ITEM 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 814 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 815 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 816 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 817 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 818 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 819 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 820 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 821 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 822 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 823 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 824 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 825 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 826 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 827 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 828 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 829 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 830 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 831 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 832 30.c Attachment: PW.San marino Construction contract Award Lytle Creek community Center Roof Replacement.03- Lowest Bid Form- Attachment Packet Pg. 833 30.d CONTRACT AGREEMENT Attachment: PW.San Marino Construction Contract Award Lytle Creek Park Community Center Roof Replacement.004.Agreement.Attachment 4 Packet Pg. 834 30.d A G R E EM E N T CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this _____ day of _______________, 20___, between the City of San Bernardino (owner and hereinafter "CITY"), and San Marino Roof Co. Inc. _(hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the LYTLE CREEK COMMUNITY CENTER PARK ROOF REPLACEMENT Project No. 13352 in strict conformity with Plans and Special Provisions No. 13352 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 1. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 2. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this A-1 Attachment: PW.San Marino Construction Contract Award Lytle Creek Park Community Center Roof Replacement.004.Agreement.Attachment 4 Packet Pg. 835 30.d AGREEMENT: LYTLE CREEK COMMUNITY CENTER PARK ROOF REPLACEMENT Project No. 13352 contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of This contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR CITY OF SAN BERNARDINO NAME OF FIRM: San Marino Roof Co. Inc. BY: ________________________________ TERI LEDOUX, City Manager BY: _______________________________ TITLE: ATTEST: MAILING ADDRESS: 2187 N. Batavia Street _______________________________ GEORGEANN HANNA City Clerk ___Orange, California, 92865____________ PHONE NO.: ( 714 ) 974-3070__________ APPROVED AS TO FORM: ATTEST: _______________________________ GARY D. SAENZ, City Attorney ____________________________________ Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. A-2 Attachment: PW.San Marino Construction Contract Award Lytle Creek Park Community Center Roof Replacement.004.Agreement.Attachment 4 Packet Pg. 836 30.e ATTACHMENT 5 LOCATION MAP 380 S 'K' Street Attachment: PW.San Marino Construction Contract Award Lytle Creek Park Community Center Roof Replacement.005.Location Packet Pg. 837 30.f CITY OF SAN BERNARDINO PROJECT INFORMATION SHEET Project Name GB20-002 Department Public Lytle Creek Park Works Community Center Roof Replacement Ward 3 CIP Type Buildings Project Location Various Project Category New Total Project Cost $275,000 Prior Year Funding n/a Remaining Needed $275,000 Project No. XXXX PROJECT DESCRIPTION Scope of project is to replace roof at Lytle Creek Park community Center. PROJECT FUNDING AND EXPENDITURE DETAIL Funding Source FY 19/20 FY 20/21 FY 21/22 FY22/23 FY 23/24 Estimated Projected Projected Projected Projected Projected Project Total CDBG $275,000 $275,000 $0 $0 $0 $0 Totals $275,000 $0 $0 $0 $0 $275,000 PROJECT STATUS UPDATE Project is in construction Consistency: This Development of a Well- infrastructure designed for long term economic growth. Forecasted Project Completion Date: June 2020 On-going Operating & Maintenance Impact: Maintenance reduced Project Manager: Saba Engineer Attachment: PW.San Marino Construction Contract Award Lytle Creek -Lytle Creek Park Community Center Roof rep\[lacement.006-CIP Packet Pg. 838 31 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Alex Qishta, Acting Public Works Director Subject: Burrtec Settlement and Release Agreement Recommendation Staff recommends that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2020-16 of the Mayor and City Council of the City of San Bernardino, California, approving the Settlement and Release Agreement between the City of San Bernardino and Burrtec Waste Industries, Inc.; and 2. Authorize the Finance Director to appropriate $630,194 from the Integrated Waste Management Fund to fund the settlement agreement with Burrtec Waste Industries. Background The City of San Bernardino and Burrtec are parties to that certain Exclusive Franchise Agreement for Integrated Solid Waste Burrtec and Collection, Processing and Disposal e City on January 25, 2016, pursuant to which Burrtec agreed to provide certain solid waste collection, processing, disposal and street sweeping services to the City, including sweeping of City park parking lots, as part of the residential and commercial rate structure approved by the City. A series of disputes have arisen between the City and Burrtec related to performance by the parties of their respective obligations under the Franchise Agreement and under related undertakings. In April 2019, the City contended that Burrtec failed to perform its obligations related to sweeping City park parking lots in accordance with Section 11.8.4 of the Franchise Agreement and assessed monetary penalties against Burrtec totaling $594,000 in accordance with the Franchise Agreement. Burrtec denies that the City is failed to compensate Burrtec for extra work authorized by the City and presently owes Burrtec a total of $927,194.06, of wh Packet Pg. 839 Page 1 31 6573 Discussion The City and Burrtec now desire to resolve the Disputes once and for all in order to avoid the expense and delay of adversarial proceedings, and without any admission of liability whatsoever, and enter into this Agreement for that specific purpose. With regard to the City's dispute that Burrtec failed to perform its obligations relating to sweeping City park parking lots in accordance with Section 11.8.4 of the Franchise Agreement and assessed monetary penalties against Burrtec totaling $594,000 in accordance with the Franchise Agreement, the settlement of that dispute will amount to half of the $594,000, totaling $297,000. Burrtec contended that the City has failed to compensate Burrtec for additional work authorized by the City and claims that the City presently spute will be resolved in the total amount of the dispute as all of the additional work that was performed by Burrtec was in fact authorized by the City. $630,194. This is a result of crediting the $297,000 towards the $927,194.06 that the City owes to Burrtec Waste Industries, Inc. 2019-20 Goals and Objectives The request for the Settlement and Release Agreement between the City and Burrtec Waste Industries, Inc., aligns with Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City, to ensure that the City is clean and attractive. Fiscal Impact To fund the Settlement and Release Agreement between the City of San Bernardino and Burrtec Waste Management would entail a one-time appropriation from the Integrated Waste Management Fund to Legal Expenses line item in the FY 2019/20 Adopted Budget (account 527-400-0001*5158) in the amount of $630,194. No General Fund appropriation is required for this action. Conclusion Staff recommends that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2020-16 of the Mayor and City Council of the City of San Bernardino, California, approving the Settlement and Release Agreement between the City of San Bernardino and Burrtec Waste Industries, Inc.; and 2. Authorize the Finance Director to appropriate $630,194 from the Integrated Waste Management Fund to fund the settlement agreement with Burrtec Waste Industries. Attachments Attachment 1 Resolution 2020-16 Attachment 2 Settlement and Release Agreement Packet Pg. 840 Page 2 31 6573 Ward: All Synopsis of Previous Council Actions: No previous Council Action Packet Pg. 841 Page 3 31.a SETTLEMENT AND RELEASE AGREEMENT dated as of January ___, 2020, and is entered into by and between Burrtec Waste Industries, Inc. Burrtec the City of San . Burrtec and City . 1. BACKGROUND RECITALS 1.1. Burrtec and the City are parties to that certain Exclusive Franchise Agreement for Integrated Solid Waste Collection Agreement, pursuant to which Burrtec agreed to provide certain solid waste collection, processing, disposal and street sweeping services to the City, including sweeping of City park parking lots, as part of the residential and commercial rate structure approved by the City. 1.2. A series of disputes have arisen between the City and Burrtec related to performance by the parties of their respective obligations under the Franchise Agreement and under related undertakings. The City contends that Burrtec failed to perform its obligations related to sweeping City park parking lots in accordance with Section 11.8.4 of the Franchise Agreement and assessed monetary penalties against Burrtec totaling $594,000.00 in accordance with the Franchise Agreement and Burrtec denies that City is entitled to any monetary penalties . Burrtec contends that the City has failed to compensate Burrtec for extra work authorized by City and presently owes Burrtec a total of $927,194.06 The Sweeping Dispute and the . 1.3. The City and Burrtec now desire to resolve the Disputes once and for all in order to avoid the expense and delay of adversarial proceedings and without any admission of liability whatsoever and enter into this Agreement for that specific purpose Against this background and for a valuable consideration, the receipt and sufficiency of which is now acknowledged, the Parties agree as follows: 2. OBLIGATIONS OF THE PARTIES 2.1. Settlement Payment and Dismissal of Claim. Within five (5) days after the complete execution of this Agreement, the City shall (a) pay Burrtec the total amount of $630,194.00, and (b) issue a letter to Burrtec dismissing its alleged claim for monetary penalties and other relief related to the Sweeping Dispute. 3. RELEASE OF LIABILITY 3.1. Mutual Release. Except for the obligations created under this Agreement, the Parties, for themselves and for each of their predecessors, successors, parent companies or entities, subsidiary companies or entities, associated or related companies or entities, heirs, legatees, devisees, beneficiaries, administrators, executors, trustees, assigns, affiliates, partners, managers, shareholders, directors, officers, associates, employees, agents, Attachment: PW.Settlement and Release Agreement (City).Attachment 2 \[Revision 1\] (6573 : Burrtec Settlement and Release Agreement) Packet Pg. 842 31.a servants, and representatives (present and former), and all persons who at any time have acted by, through, under, or in concert with any or all of the foregoing persons and entities, now irrevocably and unconditionally remise, release, acquit, absolve and forever companies or entities, subsidiary companies or entities, associated or related companies or entities, heirs, legatees, devisees, beneficiaries, administrators, executors, trustees, assigns, affiliates, partners, managers, shareholders, directors, officers, associates, employees, agents, servants, attorneys, insurers, and representatives (present and former), and all persons who at any time have acted by, through, under, or in concert with any or all of the foregoing persons and entities, of and from any and all causes of action in law or in equity, debts, contracts, charges, complaints, claims, suits, damages, obligations, promises, agreements, losses, costs, controversies, judgments, and expenses, of every kind whatsoever, whether known or unknown, fixed or contingent, direct or derivative, subrogated or assigned, suspected or unsuspected, that the Parties have or may have, or that they at any time previously had or claimed to have, or that they at any time subsequently may have or claim to have, against any of the released persons or entities by reason of any matter, cause, act, omission, or thing whatsoever relating to the Disputes 3.2. Waiver of Unknown Claims. In addition, the Parties now waive all rights and benefits that they now have, or in the future may have, under Section 1542 of the California Civil Code and any law, principle, or rule of similar effect of any state or territory of the United States or under federal law with respect to the Disputes. Section 1542 of the California Civil Code provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. In this connection, the Parties now acknowledge (a) that they are aware that they may subsequently discover facts in addition to or different from those that they now know or believe to exist with respect to the matters covered by this Agreement; and (b) that such different or additional facts, if they exist, may have given or may subsequently give rise to the Released Claims. The Parties therefore affirm that the releases contained in this Agreement have been negotiated and agreed upon in light of that acknowledgment, and they intend, through this Agreement and with the advice of their respective attorneys, fully, finally, and forever to settle and release the Released Claims. In furtherance of such intention, the Parties also affirm that the releases contained in this Agreement shall remain in effect and shall be fully binding notwithstanding the discovery or existence of any additional or different facts. 4. GENERAL PROVISIONS 4.1. Integration. This Agreement constitutes and contains the entire agreement and understanding between the Parties concerning the subject matter addressed herein. Unless otherwise expressly stated herein, this Agreement supersedes and replaces all Attachment: PW.Settlement and Release Agreement (City).Attachment 2 \[Revision 1\] (6573 : Burrtec Settlement and Release Agreement) Packet Pg. 843 31.a prior negotiations and all agreements, proposed or otherwise, whether written or oral, concerning its subject matter. 4.2. Cooperation. The Parties shall cooperate in performing their obligations under this Agreement, execute all supplementary documents that may be required or convenient to the fulfillment of their obligations, and take all additional actions that may be necessary or appropriate to give full force and effect to the terms and conditions of this Agreement and that are not inconsistent with such terms and conditions. Each Party, diligently and in good faith, shall undertake all actions and procedures reasonably required to carry out the purpose and intent of this Agreement. 4.3. Time Calculations. Time is of the essence to this Agreement. Whenever a time for performance of any act is stated in this Agreement, the time shall be calculated by including all calendar days including Saturdays, Sundays, and legal holidays; provided that, if performance of any act is due on a Saturday, Sunday or legal holiday, then performance of that act may be completed on the next calendar day that is not a Saturday, Sunday or legal holiday. 4.4. Mutual Drafting, Use of Titles. The Parties participated equally in negotiating and drafting this Agreement, and nothing in it shall be construed against any particular Party on the basis that this Agreement was drafted by that Party. Headings and titles are used throughout this Agreement solely for the convenience of the Parties and are not an integral part of it. 4.5. Severability. If any term, condition, or application of this Agreement is held to be applications that can be given effect without the invalid term, condition, or application. To this end, the Agreement is declared to be severable. 4.6. Waiver/Modification/Remedy Selection. No waiver of any breach of any term or condition of this Agreement shall be, nor shall it be construed to be, a waiver of any other breach of this Agreement, and no waiver shall be binding unless made in writing and signed by the Party waiving the breach. No change in the terms or conditions of this Agreement shall have any force or effect unless expressed in a writing signed by the event of any breach or default under this Agreement shall not preclude that Party from pursuing or enforcing other or all available remedies in the event of any other breach or default under this Agreement unless otherwise prohibited by law. 4.7. Persons/Entities Bound. This Agreement shall be binding on and inure to the benefit of the Parties, jointly and severally, in every capacity whatsoever, and to their predecessors, successors, parent companies or entities, subsidiary companies or entities, associated or related companies or entities, heirs, legatees, devisees, beneficiaries, administrators, executors, trustees, assigns, affiliates, partners, managers, shareholders, directors, officers, associates, employees, agents, servants, representatives (present and former), and all persons who at any time have acted by, through, under, or in concert with any or all of the foregoing persons and entities. Attachment: PW.Settlement and Release Agreement (City).Attachment 2 \[Revision 1\] (6573 : Burrtec Settlement and Release Agreement) Packet Pg. 844 31.a 4.8. Dispute Resolution. If any dispute arises out of or in connection with this Agreement, the dispute shall be prosecuted in a court of competent jurisdiction in the County of San Bernardino. 4.9. Efficacy of Copy; Counterparts. This Agreement may be executed in counterparts, and each executed counterpart shall have the efficacy of a signed original. Photographic duplications of executed counterparts may be used, in the absence of any genuine issue as signature may be transmitted to the others via facsimile and/or email, and such facsimile or email signature shall have the same effect as an original signature. 4.10. Effective Date. Unless otherwise explicitly set forth above, this Agreement shall take effect immediately upon having been signed by each of the Parties. 4.11. Governing Law. This Agreement shall be governed by, and all rights and liabilities under it shall be determined in accordance with, the laws of the State of California. 4.12. Legal Expenses and Costs. The Parties shall each bear their respective attorney fees and other legal expenses and costs incurred in connection with the Litigation through the Effective Date and incurred in connection with the negotiation and execution of this Agreement. However, in the event any Party must incur legal expenses to enforce any of its rights under this Agreement, the prevailing party in any such proceeding shall be 4.13. Authority to Bind. Each person signing this Agreement represents that he or she has full legal authority to bind the Party on whose behalf the person signs. Without limiting the effect of the foregoing, the persons signing this Agreement on behalf of the City represents that this Agreement has been duly approved by the City Council of the City. 4.14. Incorporation of Recitals. The Recitals in this Agreement are material and are incorporated by reference as though fully set forth hereat. FOR BURRTEC WASTE INDUSTRIES, INC.: BURRTEC WASTE INDUSTRIES, INC. Date: ____________________, 2020 By:______________________________________ Its:___________________________________ FOR CITY OF SAN BERNARDINO: CITY OF SAN BERNARDINO Date: ____________________, 2020 By:______________________________________ Teri Ledoux, City Manager Attachment: PW.Settlement and Release Agreement (City).Attachment 2 \[Revision 1\] (6573 : Burrtec Settlement and Release Agreement) Packet Pg. 845 31.a APPROVED AS TO FORM: Date: ____________________, 2020 By:______________________________________ Georgeann Hanna City Clerk Attachment: PW.Settlement and Release Agreement (City).Attachment 2 \[Revision 1\] (6573 : Burrtec Settlement and Release Agreement) Packet Pg. 846 31.b Resolution No. 2020-16 RESOLUTION NO. 2020-16 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SETTLEMENT AND RELEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BURRTEC WASTE INDUSTRIES, INC., AND AUTHORIZE THE FINANCE DIRECTOR TO APPROPRIATE $630,194 FROM THE INTEGRATED WASTE MANAGEMENT FUND TO FUND THE SETTLEMENT AGREEMENT WITH BURRTEC WASTE INDUSTRIES, INC. WHEREAS, The City of San Bernardino and Burrtec are parties to that certain Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services Burrtec agreed to provide certain solid waste collection, processing, disposal and street sweeping services to the City, including sweeping of City park parking lots, as part of the residential and commercial rate structure approved by the City; and WHEREAS, A series of disputes have arisen between the City and Burrtec related to performance by the parties of their respective obligations under the Franchise Agreement and under related undertakings. WHEREAS, The City and Burrtec now desire to resolve the disputes in order to avoid the expense and delay of adversarial proceedings and enter into this agreement; WHEREAS, The City and Burrtec Waste Industries, Inc. entered into an agreement of a settlement to resolve the series of disputes. WHEREAS, per the terms of the agreement, the City has agreed to remit a one-time settlement payment of $630,194 to Burrtec Waste Industries in compensation for extra work authorized by the City, and performed by Burrtec Waste Industries. 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 approve the Settlement and Release Agreement between the City of San Bernardino and Burrtec Waste Industries, Inc. SECTION 3. The Director of Finance is authorized to appropriate $630,194 from the Integrated Waste Management Fund to fund the settlement agreement with Burrtec Waste Industries. Attachment: PW.Settlement and Release Agreement.Reso.Attachment 1 (6573 : Burrtec Settlement and Release Agreement) Packet Pg. 847 31.b Resolution No. 2020-16 SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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 ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Attachment: PW.Settlement and Release Agreement.Reso.Attachment 1 (6573 : Burrtec Settlement and Release Agreement) Packet Pg. 848 31.b Resolution No. 2020-16 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-16, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Georgeann Hanna, MMC, City Clerk Attachment: PW.Settlement and Release Agreement.Reso.Attachment 1 (6573 : Burrtec Settlement and Release Agreement) Packet Pg. 849 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 32 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Alex Qishta, Acting Public Works Director Subject: DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP for Storm Drain Improvements Recommendation Adopt Resolution No. 2020-17 of the Mayor and City Council of the City of San Agre , infrastructure and improve storm drain system in the area. Background Resolution No. 2018-127 and 2018-128 (Attachment 3) approved Development Permit Type-D Nos. 17-02 and 17-03, allowing the development, establishment and operation of an industrial warehouse building containing approximately 197,942 square feet, along with the construction of the required on-site and off-site improvements at 879 South Waterman Avenue, San Bernardino, California. Development Permit Type-D Nos. 17-02 and 17-03 require the construction of public improvements in the form of street, curb and gutter, sidewalk, street light, and utility improvements along Waterman Avenue between Ennis Street and Central Avenue, Ennis Street between Waterman Avenue and Lincoln Avenue, and Lincoln Avenue between Ennis Street and Central Avenue. In accordance with Municipal Code sections 3.27.140 and 3.27.150, City staff and CH have negotiated the DIF Agreement (Attachment 1) to provide for DIF credits and/or Discussion The proposed Development Im provide the City with the benefit of improvements in the right of way that will likely take a long time to be constructed because of the undeveloped area with multiple ownerships. CH will provide storm drain improvements along the following streets: 1. S. Washington Avenue between E. Central Avenue and E. Orange Show Road 2. E. Orange Show Road between S. Washington Avenue and Foisy Street Packet Pg. 850 Page 1 32 6552 3. S. Lincoln Avenue between E. Central Avenue and E. Orange Show Road 4. S. Waterman Avenue between E. Central Avenue and E. Orange Show Road 5. E. Ennis Street between S. Washington Avenue and S. Waterman Avenue 6. Foisy Street between E. Central Avenue and E. Norman Road ect improvements, the City will provide CH with DIF credits and/or reimbursements, which will partially offset local and regional circulation fees payable by CH Realty Development. Local and regional circulation fees are paid in accordance with a schedule maintained by the Public Works Department. These fees are used by the City to fund the costs of local and regional circulation of the proposed public improvement, along with other improvements that will be constructed by CH. Combined these improvements will significantly increase the level of traffic safety throughout the area. The DIF Agreement conforms to the requirements of Municipal Code sections 3.27.140 and 3.27.150, which allow for DIF credits and/or reimbursements under the circumstances of the CH project. As fully set forth in the DIF Agreement, DIF credits and/or reimbursements will be processed as follows: CH will construct the Subject Improvements. CH will submit the actual costs of its construction for review and approval by the City. Once approved by the City, CH will be given DIF credits, which will partially offset its payment of local and regional circulation tion of its fees predates the be reimbursed to CH as provided in the DIF Agreement. Storm Drain Systems, the DIF Agreement is recommended for approval. 2019-20 Goals and Objectives The MOU aligns with Goal No. 4: Ensure Development of a Well-Planned Balanced and Sustainable City. These projects will contribute to well-maintained streets for sustained economic growth Fiscal Impact DIF credits and/or reimbursements to CH, which will partially offset Storm Drain fees payable by CH. Storm Drain fees are used to fund the cost of local and regional circulation improvements. Issuance of DIF credits and/or reimbursements pursuant to the DIF Agreement will have no financial impact on the City, inasmuch as CH will fully pay the Packet Pg. 851 Page 2 32 6552 cost of constructing the subject improvements, which would otherwise have to be funded from local and regional circulation fees. The total DIF credit will not exceed $1,194,664.48. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-17, approving the Development Impact Fee e and improve the storm drain system in the area. Attachments Attachment 1 Resolution; Exhibit A - DIF Credit Agreement Attachment 2 Location Map of Subject Improvements Attachment 3 Resolution Nos. 2018-127 and 2018-128 Ward: 3 Synopsis of Previous Council Actions: May 2, 2018 Resolution No. 2018-127 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and approving Subdivision 17-06 (Tentative Parcel 4 Map 19914) to consolidate twenty parcels into one parcel containing a total of approximately 8.94 acres and Development Permit Type-D 17-03 for the construction of a warehouse building containing approximately 197,710 square feet. May 2, 2018 Resolution No. 2018-128 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and approving Subdivision 17-07 (Tentative Parcel 4 Map 19916) to consolidate twenty-four parcels into one parcel containing a total of approximately 16.594 acres and Development Permit Type-D 17-02 for the construction of a warehouse building containing approximately 393,199 square feet. Packet Pg. 852 Page 3 32.a Resolution No. 2020-17 RESOLUTION NO. 2020-17 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE DEVELOPMENT IMPACT FEE REALTY VIII/I SAN BERNARDINO WATERMAN, L.P PUBLIC STORM DRAIN IMPROVEMENTS WHICH WILL IMPROVE STORM DRAIN SYSTEM IN THE AREA WHEREAS, CH Realty VIII/I San Bernardino Waterman, L.P., A Delaware Limited which is more specifically described in the legal des ; and WHEREAS, DEVELOPER has obtained from CITY certain entitlements and/or permits for the construction of improvements on the Property, which are more particularly described as The Waterman South and East Distribution Center(s) and the Washington Commerce Center(s) ; and WHEREAS, CITY requires DEVELOPER to pay certain development impact fees for the purpose of defraying all or a portion of the cost of public improvements, public services, and and WHEREAS, section 3.27.140 of the San Bernardino Municipal Code authorizes the CITY to issue DIF credits to a DEVELOPER who constructs or donates certain public improvements to reduce their DIF obligation; and WHEREAS, section 3.27.150 of the San Bernardino Municipal Code authorizes the CITY to reimburse a DEVELOPER who constructs public improvements that, among other things, benefits and WHEREAS, DEVELOPER desires to construct certain public improvements that would or reimbursements from the CITY; and WHEREAS, CITY and DEVELOPER now desire to enter into this Agreement for the following purposes: (1) to provide for the timely delivery of the DIF Improvements, (2) to ensure that delivery of the DIF Improvements is undertaken as if the DIF Improvements were constructed under the direction and authority of the CITY, (3) to provide a means by which the means for DEVELOPER to be reimbursed to the extent allowably under the San Bernardino Municipal Code. Attachment: PW.CH Realty DIF Agreement.01.Resoulution.Attachment 1 (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP for Packet Pg. 853 32.a Resolution No. 2020-17 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 City Manager is hereby authorized and directed to execute on behalf of the City the Development Impact Fee Credit Agreement attached hereto as and incorporated herein by this reference as though set forth in full. SECTION 3. The fee reimbursement to Developer is not to exceed the local and Regional Circulation Fee Collector. SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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 ___ day of __________, 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney Attachment: PW.CH Realty DIF Agreement.01.Resoulution.Attachment 1 (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP for Packet Pg. 854 32.a Resolution No. 2020-17 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. ______________________________ Georgeann Hanna, MMC, City Clerk Attachment: PW.CH Realty DIF Agreement.01.Resoulution.Attachment 1 (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP for Packet Pg. 855 32.b DIFCREDITAGREEMENT Waterman South and East Washington Commerce Center ____ day of _________, 20__ by and between the CITY OF SAN BERNARDINO, a California municipal CH REALTY VIII/I SAN BERNARDINO WATERMAN, L.P., a Delaware limited partnership, successor in interest to Real Estate Development Associates, LLC sometimes hereinafter referred to individuall RECITALS WHEREAS, DEVELOPER owns 59.61 Net acres of real property located within the CITY which is more specifically described in the legal description set forth in WHEREAS, DEVELOPER has obtained from CITY certain entitlements and/or permits for the construction of improvements on the Property, which are more particularly described as The Waterman South and East Distribution Center(s) and the Washington Commerce Center(s) East and West WHEREAS, CITY requires DEVELOPER to pay certain development impact fees for the purpose of defraying all or a portion of the cost of public improvements, public services, and comm WHEREAS, section 3.27.140 of the San Bernardino Municipal Code authorizes the CITY to issue DIF credits to a DEVELOPER who constructs or donates certain public improvements to reduce their DIF obligation; WHEREAS, section 3.27.150 of the San Bernardino Municipal Code authorizes the CITY to reimburse a DEVELOPER who constructs public improvements that, WHEREAS, DEVELOPER desires to construct certain public improvements that or reimbursements from the CITY; WHEREAS, CITY and DEVELOPER now desire to enter into this Agreement for the following purposes: (1) to provide for the timely delivery of the DIF 1 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 856 32.b Improvements, (2) to ensure that delivery of the DIF Improvements is undertaken as if the DIF Improvements were constructed under the direction and authority of the CITY, (3) to provide a means by which the applicable DIF for the Project, and (4) to provide a means for DEVELOPER to be reimbursed to the extent allowably under the San Bernardino Municipal Code. NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, DEVELOPER and CITY hereby agree as follows: TERMS 1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein. 2.0 Construction of DIF Improvements. DEVELOPER shall construct or have constructed at its own cost, expense, and liability certain DIF Improvements generally described as portions or parts of the Master Storm Drain System and as shown more specifically on the plans, profiles, and specifications which have been prepared by or on behalf of DEVELOPER and approved by CITY and which are incorporated herein by this reference. Construction of the DIF Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. DEVELOPER shall be responsible for the replacement, relocation, or removal of any component of any existing public or private improvement in conflict with the construction or installation of the DIF Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of CITY and the owner of such improvement. DEVELOPER further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the DIF Improvements. 2.1 Pre-approval of Plans and Specifications. DEVELOPER is prohibited from commencing work on any portion of the DIF Improvements until all plans and specifications for the DIF Improvements have been submitted to and approved by CITY. Approval by CITY shall not relieve DEVELOPER from ensuring that all DIF Improvements conform with all other requirements and standards set forth in this Agreement. 2.2 Permits and Notices. Prior to commencing any work, DEVELOPER shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and 2 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 857 32.b give all necessary and incidental notices required for the lawful construction of the Agreement. DEVELOPER shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to DEVELOPER. 2.3 Public Works Requirements. In order to insure that the DIF Improvements will be constructed as if they had been constructed under the direction and supervision, or under the authority of, CITY, DEVELOPER shall comply with all of the following requirements with respect to the construction of the DIF Improvements: (a) DEVELOPER shall obtain bids for the construction of the DIF Improvements, in conformance with the standard procedures and requirements of CITY with respect to its public works projects, or in a manner which is approved by the Public Works Department. (b) The contract or contracts for the construction of the DIF Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the DIF Improvements. (c) DEVELOPER shall require, and the specifications and bid and contract documents shall require, all such contractors to pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to otherwise comply with applicable provisions of the Labor Code, the Government Code and the Public Contract Code relating to public works projects of cities and as required by the Charter of the City of San Bernardino, the San Bernardino Municipal Code, and the procedures and standards of CITY with respect to the construction of its public works projects or as otherwise directed by the Public Works Department. Notwithstanding the foregoing, DEVELOPER shall have the right to request a determination from the Public Works Department that (a) the Project is not subject to prevailing wages based on the provisions of the Labor Code, and therefore, (b) not required to carry out the Project as a public works project. A request for determination shall be made in writing by DEVELOPER to the CITY Public Works Director and the CITY Public Works Director, or his or her designee, shall use his or her best efforts to make a determination within five (5) calendar days of receipt of a written request for a determination from DEVELOPER. In the event that the Public Works Department makes the 3 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 858 32.b determinations requested by Developer, then this Subsection 2.3(c) shall not apply to this Project. (d) All such contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the DIF standard procedures and requirements. (e) DEVELOPER and all such contractors shall comply with such other requirements relating to the construction of the DIF Improvements which CITY may impose by written notification delivered to DEVELOPER and each such contractor at any time, either prior to the receipt of bids by DEVELOPER for the construction of the DIF Improvements, or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof. DEVELOPER shall provide proof to CITY, at such intervals and in such form as CITY may require that the foregoing requirements have been satisfied. 2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the DIF Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The DIF Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with CITY, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. 2.5 Standard of Performance. DEVELOPER and its contractors, if any, shall perform all work required, constructing the DIF Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. DEVELOPER represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. DEVELOPER warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to DIF Improvements. All work shall be done and the DIF Improvements completed as shown on approved plans and specifications, and any 4 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 859 32.b subsequent alterations thereto. If during the course of construction and installation it is determined that the public interest requires alterations in the DIF Improvements, DEVELOPER shall undertake such design and construction changes as may be reasonably required by CITY. Any and all alterations in the plans and specifications and the DIF Improvements to be completed may be this Agreement. 3.0 Maintenance of DIF Improvements. CITY shall not be responsible or liable for the maintenance or care of the DIF Improvements until CITY approves and accepts them. CITY shall exercise no control over the DIF Improvements until accepted. Any use by any person of the DIF Improvements, or any portion thereof, shall be at of the DIF Improvements. DEVELOPER shall maintain all of the DIF Improvements in a state of good repair until they are completed by DEVELOPER and approved and accepted by CITY. Prior to approval and acceptance by the CITY, it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by CITY. If DEVELOPER fails to properly prosecute its maintenance obligation under this section, CITY may do all work necessary for such maintenance and the cost thereof shall be the responsibility of DEVELOPER and its surety under this Agreement. CITY shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the DIF Improvements or their condition prior to acceptance. DEVELOPER shall not be responsible or liable for any damage or injury of any nature in any way related to or caused by the DIF Improvements or their condition following approval and acceptance by the CITY. 4.0 Fees and Charges. DEVELOPER shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of the construction of the DIF Improvements, including, but not limited to, all plan check, design review, engineering, inspection, sewer treatment connection fees, and other service fees established by CITY. 5.0 CITY Inspection of DIF Improvements. DEVELOPER shall, at its sole cost, expense, and liability, and at all times during construction of the DIF Improvements, maintain reasonable and safe facilities and provide safe access for inspection by CITY of the DIF Improvements and areas where construction of the DIF Improvements is occurring or will occur. 6.0 Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the DIF Improvements, DEVELOPER shall provide to CITY such evidence or proof as CITY 5 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 860 32.b shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the construction of the DIF Improvements, have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of the said time for the recording of claims of liens, DEVELOPER may elect to provide to CITY a title insurance policy or other security acceptable to CITY guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property. 7.0 Acceptance of DIF Improvements; As-Built or Record Drawings. If the DIF Improvements are properly completed by DEVELOPER and approved by CITY, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, CITY shall accept the DIF Improvements. CITY may, in its sole and absolute discretion, accept fully completed portions of the DIF Improvements prior to such time as all of the DIF obligation to complete the remainder of the DIF Improvements. Upon the total or partial acceptance of the DIF Improvements by CITY, DEVELOPER shall file with accepted DIF Improvements in accordance with California Civil Code sections 8182, Improvements shall become the sole and exclusive property of CITY without any payment therefore. Notwithstanding the foregoing, CITY may not accept any DIF Improveme- record drawings or plans to the CITY for all such DIF Improvements. The drawings shall be certified and shall reflect the condition of the DIF Improvements as constructed, with all changes incorporated therein. 8.0 Warranty and Guarantee. DEVELOPER hereby warrants and guarantees all the DIF Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the DIF Improvements, for a period of one (1) year following DEVELOPER shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the DIF Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of CITY, and to the approval of CITY. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of DEVELOPER and its surety. As to any DIF Improvements which have been repaired, replaced, or reconstructed during the Warranty, DEVELOPER and its surety hereby agree to extend the Warranty for an additional one (1) year period follo acceptance of the repaired, replaced, or reconstructed DIF Improvements. Nothing herein shall relieve DEVELOPER from any other liability it may have under 6 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 861 32.b federal, state, or local law to repair, replace, or reconstruct any DIF Improvement follo warranty obligation under this section shall survive the expiration or termination of this Agreement. 9.0 Administrative Costs. If DEVELOPER fails to construct and install all or any part of the DIF Improvements, or if DEVELOPER fails to comply with any other obligation contained herein, DEVELOPER and its surety shall be jointly and severally liable to CITY for all administrative expenses, fees, and costs, including reasonable attorn Agreement or in processing any legal action or for any other remedies permitted by law. 10.0 Default; Notice; Remedies. 10.1 Notice. If DEVELOPER neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if CITY determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, CITY may at any time thereafter declare DEVELOPER to be in default or violation of this Agreement and make written demand upon DEVELOPER or its surety, or both, to immediately remedy the default or violation the default or violation within ten (10) days of receipt of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, CITY may provide the Notice verbally, and DEVELOPER shall substantially commence the required work within twenty-four (24) hours after receipt of such Notice. If DEVELOPER defaults as set forth above, and fails to commence the required cure within the applicable time period set forth above, then DEVELOPER and its surety shall be liable to CITY for all costs of construction and installation of the applicable DIF Improvements and all other administrative costs or expenses as provided for in Sections 10.0-10.3 of this Agreement. 10.2 Failure to Remedy; CITY Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion reasonably acceptable to CITY. CITY shall notify DEVELOPER of such in writing, and CITY may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it reasonably believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of DEVELOPER and its surety. limited by the fact that DEVELOPER or its surety may have constructed any of the 7 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 862 32.b CITY elects to complete or arrange for completion of the remaining work and the DIF Improvements, CITY may require all remedial work by DEVELOPER or its surety to cease in order to allow adequate coordination by CITY. 10.3 Other Remedies. No action by CITY pursuant to Sections 10.0-10.3 of this Agreement shall prohibit CITY from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. CITY may exercise its rights and remedies independently or cumulatively, and CITY may pursue inconsistent remedies. CITY may institute an action for damages, injunctive relief, or specific performance. 11.0 Security; Surety Bonds. Prior to the commencement of any work on the DIF Improvements, DEVELOPER or its contractor shall provide CITY with surety of the Security shall be based on the estimated actual costs to construct the DIF Improvements, as determined by CITY after DEVELOPER has awarded a contract for construction of the DIF Improvements to the lowest responsive and responsible reasonably determines that the Estimated Costs have changed, DEVELOPER or its contractor compliance with Sections 11.0-11.4 of this Agreement shall in no way limit or tion 12.0 of this Agreement. 11.1 Performance Bond. To guarantee the faithful performance of the DIF Improvements and all the provisions of this Agreement, to protect CITY if DEVELOPER is in default as set forth in Sections 10.0-10.3 of this Agreement, and to secure the one-year guarantee and warranty of the DIF Improvements, DEVELOPER or its contractor shall provide CITY a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The CITY may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the DIF Improvements are accepted by CITY, provided that DEVELOPER is not in default on any provision of this Agreement and the total remaining security is not less than fifty percent (50%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Sections 11.0-11.4 of this Agreement, provided that DEVELOPER is not in default on any provision of this Agreement. 11.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the DIF Improvements and this 8 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 863 32.b Agreement, DEVELOPER or its contractor shall provide CITY a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of CITY after six (6) months from the date CITY accepts the DIF Improvements. The amount of such security shall be reduced by the amount equal to twenty percent (20%) of such clai anticipated administrative and legal expenses arising out of such claims. 11.3 Additional Requirements. The surety for any surety bonds provided as -VIII, shall be licensed to do business in California, shall have a physical office within one hundred (100) miles of the city limits, and shall be satisfactory to CITY. As part of the obligation secured by the Security and in addition to the face amount of the Security, DEVELOPER, its contractor or the surety shall secure the costs and incurred by CITY in enforcing the obligations of this Agreement. DEVELOPER, its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the DIF Improvements, or the plans and specifications for the DIF Improvements shall in any way affect its obligation on the Security. 11.4 Evidence and Incorporation of Security. Evidence of the Security shall be acceptable by the CITY, and when such forms are completed to the satisfaction of CITY, the forms and incorporated herein by this reference. 12.0 Indemnification. The DEVELOPER agrees to defend, indemnify, and hold harmless the CITY, its officers, elected and appointed officials, employees, agents, damages, losses, expenses, fines, penalties, judgments, demands, and actual, direct, documented and reasonable out-of pocket defense costs and expenses (including, without limitation, amounts paid in compromise or settlement and reasonable outside legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative or investigative) arising out of or in any way related to or caused by the DIF Improvements or their condition prior to damage which was caused by the negligence or willful misconduct of an Indemnified Party. The policy limits of any insurance of the DEVELOPER, its affiliates or other parties are not a limitation upon the obligation of the DEVELOPER, including without limitation, the amount of indemnification to be provided by the 9 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 864 32.b DEVELOPER. The provisions of this section shall survive the termination of this Agreement. 13.0 Insurance. 13.1 Types; Amounts. DEVELOPER shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. (a) Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. (b) Automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible. (c) liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees. (d) For any consultant or other professional who will engineer or design the DIF Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the DIF Improvements (unless the CITY agrees in writing to a lesser period). Such insurance shall be endorsed to include contractual liability. The insurance under this paragraph may be carried by DEVELOPER or its applicable consultants or professionals. 13.2 Deductibles. Any deductibles or self-insured retentions must be declared to and reasonably approved by CITY. At the option of CITY, either: (a) the insurer 10 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 865 32.b shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its elected officials, officers, employees, agents, and volunteers; or (b) DEVELOPER and its contractors shall provide a financial guarantee satisfactory to CITY guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 13.3 Additional Insured; Separation of Insureds. The Required Insurance shall name CITY, its elected officials, officers, employees, and agents as additional insureds with respect to work performed by or on behalf of DEVELOPER or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to CITY, its elected officials, officers, employees, or agents. 13.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering CITY, compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against CITY in connection with any damage or harm covered by such policy. 13.5 Certificates; Verification. DEVELOPER and its contractors shall furnish CITY with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by CITY before work pursuant to this Agreement can begin. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. 13.6 Term; Cancellation Notice. DEVELOPER and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. DEVELOPER shall provide CITY with at least thirty of any cancelation of any Required Insurance, and shall replace any such insurance with coverage(s) that meet the requirements set forth herein. 13.7 Insurer Rating. Unless approved in writing by CITY, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. -VIII. 14.0 DIF Credits. 11 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 866 32.b 14.1DEVELOPER hereby agrees and accepts that as of the date of this Agreement, the amount DEVELOPER is obligated to pay to CITY as part of the DIF Program is One Million, One Hundred and Ninety Four Thousand, Six Hundred and Sixty Four Dollars and Forty Eight Cents ($1,194,664.48) determined under the nexus study and fee schedule in effect for the CITY at the time the DEVELOPER submits a building permit application for the DIF Improvements. This DIF Obligation does not have to be paid until the Certificate of Occupancy is obtained. In the event that the amount of the DIF Credit has not been determined at the time DEVELOPER requests a Certificate of Occupancy, the Parties agree to determine in good faith an estimate of the DIF Credit and the DIF Obligation will be offset accordingly, based on the estimated DIF Credit. Once the actual DIF Credit is determined, the CITY will reconcile it with the estimated DIF Credit used in the DEVELOPER or the DEVELOPER will reimburse the CITY, as the case may be, for any overage or underage in the payment DEVELOPER made against the DIF Obligation. Notwithstanding the foregoing, DEVELOPER agrees that this Agreement shall not estop CITY from adjusting the DIF as it relates to development other than the Project. 14.2 Credit Offset Against DIF Obligation. Pursuant to section 3.27.140 of the San Bernardino Municipal Code and in consideration for DEVELOPER's obligation under this Agreement for the delivery of DIF Improvements, credit shall be applied by CITY to offset the DIF Obligation subject to adjustment and reconciliation under Section 14.4 DEVELOPER further agrees that the dollar amount of the DIF Credit shall be equal to the lesser of: (A) the total actual costs incurred by DEVELOPER in securing the DIF Improvements covered under Improvements as identified in the DIF study in effect at the time of the issuance of The DIF Verified Costs and the DIF Unit Cost Assumptions shall hereafter be Estimated Credit exceeds the dollar amount of the DIF Obligation, DEVELOPER will be deemed to have completely satisfied its DIF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.5 of this Agreement. CITY shall provide DEVELOPER written notice of the determinations that CITY makes pursuant to this section, including how the DIF Credit is applied to offset the DIF Obligation as described above. 12 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 867 32.b 14.3 Verified Cost of the DIF Improvements. Upon recordation of the Notice of Completion for the DIF Improvements and acceptance of the DIF Improvements by CITY, DEVELOPER shall submit to the CITY Public Works Director the applicable or his or her designee, shall use the information provided by DEVELOPER to calculate the DIF Verified Costs. The CITY Public Works Director will use his or her best efforts to determine the amount of the DIF Verified Costs and provide DEVELOPER written notice thereof within thirty (30) calendar days of receipt of all the required information from DEVELOPER. 14.4 Reconciliation; Final Credit Offset Against DIF Obligations. The DEVELOPER is aware of and accepts the fact that credits are speculative and conceptual in nature. The actual amount of DIF Credit that shall be applied by CITY to offset the DIF Obligation shall be equal to the lesser of: (A) the DIF Verified Costs or (B) the DIF Unit Cost Assumptions as determined in accordance with Section 14.2 of this A will be awarded until the DIF Verified Costs are determined through the reconciliation process. Please be advised that while a DEVELOPER may use an r project planning purposes, the Actual DIF Credit awarded will only be determined by the reconciliation process. (a) If the dollar amount of the Actual DIF Credit is less than the dollar amount of the DIF Obligation, the CITY Public Works Director shall provide written notice to DEVELOPER of the amount of DIF Balance to fully satisfy the DIF Obligation. (b) If the dollar amount of the Actual DIF Credit exceeds the DIF Obligation, DEVELOPER will be deemed to have fully satisfied the DIF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.5 of this Agreement. CITY shall provide DEVELOPER written notice of the determinations that CITY makes pursuant to this section. (c) DIF Overpayment. If the dollar amount of the Actual DIF Credit exceeds the Estimated Credit, but is less than the DIF Obligation, but the Actual Credit plus additional monies collected by CITY from 13 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 868 32.b the DIF Obligation for the Project and may be entitled to a refund. 14.5 Reimbursement Agreement. If authorized under either Section 14.2 or Section 14.4 DEVELOPER may apply to CITY for a reimbursement agreement for the amount by which the Actual DIF Credit exceeds the DIF Obligation, as determined pursuant to Section 15.4 of this Agreement, section 3.27.150 of the San CITY agrees, in its sole discretion, to a Reimbursement Agreement with DEVELOPER, the Reimbursement Agreement shall be executed on the form set The Parties agree that the Reimbursement Agreement shall be subject to all terms and conditions of this Agreement, and that upon execution, an executed copy of the Reimbursement Agreement shall be attached hereto and shall be incorporated herein as a material part of this Agreement as though fully set forth herein. 15.0 Miscellaneous. 15.1 Entire Agreement. This Agreement contains the entire agreement between CITY and DEVELOPER and supersedes any prior oral or written statements or agreements between CITY and DEVELOPER. 15.2 Assignment. DEVELOPER may assign all or a portion of its rights pursuant to this Agreement to a purchaser of a portion or portions of the Property ("Assignment"). DEVELOPER and such purchaser and assignee ("Assignee") shall provide to CITY such reasonable proof as it may require that Assignee is the purchaser of such portions of the Property. Any assignment pursuant to this section shall not be effective unless and until DEVELOPER and Assignee have executed an assignment agreement with CITY in a form reasonably acceptable to CITY, whereby DEVELOPER and Assignee agree, except as may be otherwise specifically provided therein, to the following: (1) that Assignee shall receive all or a portion of DEVELOPER's rights pursuant to this Agreement, including such credit as is determined to be applicable to the portion of the Property purchased by Assignee pursuant to Sections 14.0-14.5 of this Agreement, and (2) that Assignee shall be bound by all applicable provisions of this Agreement. 15.3 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint exclusively and solely under the control and dominion of DEVELOPER. Nothing 14 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 869 32.b herein shall be deemed to make DEVELOPER or its contractors anagent or contractor of CITY. 15.4 Warranty as to Property Ownership; Authority to Enter Agreement. DEVELOPER hereby warrants that it owns fee title to the Property and that it has the legal capacity to enter into this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party. 15.5 Prohibited Interests. DEVELOPER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for DEVELOPER, to solicit or secure this Agreement. DEVELOPER also warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for DEVELOPER, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon the making of this Agreement. For breach of this warranty, CITY shall have the right to rescind this Agreement without liability. 15.6 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: To CITY: City of San Bernardino Attn: Public Works Director San Bernardino, CA 92418 To DEVELOPER: CH Realty VIII/I San Bernardino Waterman, L.P. 3819 Maple Avenue Dallas, Texas 75219 Attn: Asset Manager Waterman With copy to: Winstead PC 2728 N. Harwood Suite 500 Dallas, Texas 75201 Attn: Greg A. Zimmerman, Esq. 15 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 870 32.b Depending upon the method of transmittal, notice shall be deemed received as follows: by messenger, as of the date delivered; by express courier, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. 15.7 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 15.8 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to DEVELOPER include all personnel, employees, agents, and contractors of DEVELOPER, except as otherwise specified in this Agreement. All references to CITY include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 15.9 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 15.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. 15.11 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. 15.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 15.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 16 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 871 32.b 15.14 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, DEVELOPER expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. 15.15 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions. 15.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. \[Signature Page Follows\] 17 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 872 32.b IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF SAN BERNARDINO ____________________________ Teri Ledoux, City Manager Approved as to Legal Form: Gary D. Saenz, City Attorney By: ________________________ ATTEST Georgeann Hanna, City Clerk: By: ________________________ 18 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 873 32.b DEVELOPER CH REALTY VIII/I SAN BERNARDINO WATERMAN, L.P., a Delaware limited partnership By: CH Realty VIII/I San Bernardino Waterman, GP, L.L.C., a Delaware limited liability company, its general partner By: Fund VIII Managers, L.L.C., a Texas limited liability company, its manager By: _________________________________ Name: _________________________________ Title: _________________________________ 19 DIF CREDIT AGREEMENT Waterman South and East Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Washington Commerce Center Packet Pg. 874 32.b LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN BERNARDINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1 (APN: 0280-131-28-0-000): LOT 20 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 73 OF MAPS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM THE NORTH 75.00 FEET THEREOF. PARCEL 2 (APN: 0280-131-54-0-000): THE NORTH 75.00 FEET OF LOT 20 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 73 OF MAPS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM THE NORTH 14.03 FEET OF THE EAST 300.00 FEET THEREOF. PARCEL 3 (APN: 0280-131-53-0-000): THE NORTH 14.03 FEET OF THE EAST 300.00 FEET OF LOT 20 AND THE EASTERLY 300.00 FEET OF LOT 21 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 73 OF MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE NORTH 24.00 FEET OF THE EAST 300.00 FEET OF SAID LOT 21. TOGETHER WITH THE RIGHT TO USE THE WELL LOCATED ON THE SOUTH 25.00 FEET OF LOT 22 OF SAID TRACT NO., AND THE RIGHT OF INGRESS AND EGRESS TO THE SAME. PARCEL 4 (APN: 0280-131-06-0-000): LOT 12 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, AS PER MAP RECORDED IN BOOK 31, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY. Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT A-1 Packet Pg. 875 32.b PARCEL 5 (APN: 0280-131-58-0-000 AND 0280-131-59-0-000): THE NORTH ½ OF LOT 23 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, AS PER PLAT RECORDED IN BOOK 31, PAGE 73 OF MAPS, RECORDS OF SAID COUNTY. PARCEL 6 (APN: 0280-131-50-0-000): THE SOUTH ½ OF THE WEST ½ OF LOT 23 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, PER PLAT RECORDED IN BOOK 31, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 7 (APN: 0280-131-09-0-000; 0280-131-41-0-000; 0280-131-42-0-000): LOT 10 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE WEST 8.75 FEET CONVEYED TO THE COUNTY OF SAN BERNARDINO, BY INSTRUMENTS RECORDED JANUARY 11, 1961, AS INSTRUMENT NO. 140, IN BOOK 5324, PAGE 7, AND JANUARY 11, 1961, AS INSTRUMENT NO. 166, IN BOOK 5324, PAGE 44, BOTH OF OFFICIAL RECORDS. PARCEL 8 (APN: 0280-131-47-0-000 AND 0280-131-48-0-000): LOT 11 OF TRACT NO. 2194, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE WEST 8.75 FEET CONVEYED TO THE COUNTY OF SAN BERNARDINO, BY INSTRUMENT RECORDED JANUARY 11, 1961, AS INSTRUMENT NO. 140, IN BOOK 5324, PAGE 7 OF OFFICIAL RECORDS. PARCEL 9 (APN: 0280-131-21-0-000): LOT 24 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT A-2 Packet Pg. 876 32.b PARCEL 10 (APN: 0280-131-52-0-000): THE SOUTH 25 FEET OF LOT 22 AND THE NORTH 24 FEET OF THE EAST 300 FEET OF LOT 21 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 73 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. PARCEL 11 (APN: 0280-131-51-0-000): SOUTH 1/2 OF THE EAST 1/2 OF LOT 23 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, AS PER PLAT RECORDED IN BOOK 31, PAGE 73 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. PARCEL 12 (APN: 0280-131-04-0-000): LOT 14 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 31, PAGE 73 OF MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE WEST 50 FEET (SAID WEST 50 FEET BEING MEASURED FROM THE CENTER LINE OF WATERMAN AVENUE, 82.5 FEET WIDE) AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED JANUARY 31, 1961 IN BOOK 5339, PAGE 119 OF OFFICIAL RECORDS. TOGETHER WITH THE RIGHT TO USE WELL LOCATED ON THE SOUTH 25 FEET, OF LOT 22 OF SAID TRACT, ALSO THE RIGHT OF INGRESS AND EGRESS FOR USE OF SAID WELL. PARCEL 13 (APN: 0280-131-55-0-000): LOT 21 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 73 OF MAPS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM THE EAST 300.00 FEET THEREOF. PARCEL 14 (APN: 0136-422-11-0-000): LOT 114 OF TRACT NO. 1995, VALLEY TRUCK FARMS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT A-3 Packet Pg. 877 32.b EXCEPT THEREFROM THE SOUTH 60 FEET OF THE WEST 150 FEET. PARCEL 15 (APN: 0136-422-10-0-000): THE SOUTH 60 FEET OF THE WEST 150 FEET OF LOT 114 OF TRACT NO. 1995, VALLEY TRUCK FARMS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER SAID LAND WITHOUT ANY RIGHT TO ENTER UPON THE SURFACE ABOVE A DEPTH OF 500 FEET, AS DISCLOSED BY DEED RECORDED AUGUST 09, 1967 IN BOOK 6869, PAGE 888 OF OFFICIAL RECORDS. PARCEL 16 (APN: 0136-422-06-0-000): LOT 111 OF TRACT NO. 1995, VALLEY TRUCK FARMS, AS PER PLAT RECORDED IN BOOK 29, PAGE 13 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY. PARCEL 17 (APN: 0136-422-04-0-000): LOT 110 OF TRACT NO. 1995, VALLEY TRACT NO. FARMS, AS PER PLAT RECORDED IN BOOK 29, PAGE 13 OF MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE NORTH 65 FEET OF THE WEST 130 FEET OF SAID LOT 110. PARCEL 18 (APN: 0136-422-05-0-000): THAT PORTION OF LOT 110 OF TRACT NO. 1995, VALLEY TRUCK FARMS, AS PER PLAT RECORDED IN BOOK 29, PAGE 13 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTHWEST CORNER OF SAID LOT 110, THENCE EASTERLY 130 FEET, THENCE SOUTHERLY 65 FEET, THENCE WESTERLY 130 FEET, THENCE NORTHERLY 65 FEET TO THE POINT OF BEGINNING. PARCEL 19 (APN: 0136-422-03-0-000): LOT 109 OF TRACT NO. 1995, VALLEY TRUCK FARM, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 20 (APN: 0136-422-02-0-000): Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT A-4 Packet Pg. 878 32.b LOT 108 OF TRACT NO. 1995, VALLEY TRUCK FARMS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 21 (APN: 0136-422-01-0-000): LOT 107 OF TRACT NO. 1995, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 22 (APN: 0136-422-16-0-000): LOT 137 OF TRACT NO. 1995, VALLEY TRUCK FARMS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 29, PAGE 13 OF MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE EASTERLY 50 FEET AS CONVEYED TO THE COUNTY OF SAN BERNARDINO IN THE DEED RECORDED FEBRUARY 17, 1961 AS INSTRUMENT NO. 163, IN BOOK 5354, PAGE 560 OF OFFICIAL RECORDS OF SAID COUNTY. NOTE: SAID EAST 50 FEET IS MEASURED FROM THE CENTER LINE OF WATERMAN AVENUE, 82.5 FEET IN WIDTH. PARCEL 23 (APN: 0136-422-17-0-000): LOT 138 OF TRACT NO. 1995, VALLEY TRUCK FARMS, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE EASTERLY 50 FEET AS CONVEYED TO THE COUNTY OF SAN BERNARDINO IN THE DEED RECORDED JANUARY 26, 1961 IN BOOK 5335, PAGE 504 OF OFFICIAL RECORDS. NOTE: SAID EAST 50 FEET IS MEASURED FROM THE CENTERLINE OF WATERMAN AVENUE, 82.5 FEET IN WIDTH. PARCEL 24 (APN: 0136-422-18-0-000): LOT 139 OF TRACT NO. 1995, VALLEY TRUCK FARMS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 29, PAGE 13 OF MAPS, RECORDS OF SAID COUNTY. Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT A-5 Packet Pg. 879 32.b EXCEPTING THEREFROM THE EAST 55 FEET AS CONVEYED TO THE COUNTY OF SAN BERNARDINO, IN DEED RECORDED MAY 29, 1961 AS INSTRUMENT NO. 192, IN BOOK 5442, PAGE 535 OF OFFICIAL RECORDS OF SAID COUNTY. NOTE: SAID EAST 55 FEET IS MEASURED FROM THE CENTERLINE OF WATERMAN AVENUE 82.5 FEET IN WIDTH. PARCEL 25 (APN: 0136-422-19-0-000): THE NORTH ONE HALF OF LOT 140 OF TRACT NO. 1995, VALLEY TRUCK FARMS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO, IN DEED RECORDED JANUARY 10, 1961 AS INSTRUMENT NO. 158, IN BOOK 5322, PAGE 566 OFFICIAL RECORDS. PARCEL 26 (APN: 0136-422-20-0-000): THE SOUTH ONE HALF OF LOT 140 OF TRACT NO. 1995, VALLEY TRUCK FARMS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO IN DEED RECORDED JANUARY 23, 1961 AS INSTRUMENT NO. 111, IN BOOK 5332, PAGE 212 OF OFFICIAL RECORDS. PARCEL 27 (APN: 0136-422-09-0-000): THE NORTHERLY 62.50 FEET OF LOT 113 OF TRACT NO. 1995, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL NO. 28 (APN: 0136-422-13-0-000): LOT 134 OF TRACT NO. 1995, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT A-6 Packet Pg. 880 32.b BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, THE EAST 50 FEET THEREOF AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED MARCH 17, 1961 IN BOOK 5379, PAGE 465 OF OFFICIAL RECORDS. SAID EAST 50 FEET MEASURED FROM THE CENTER LINE OF WATERMAN AVENUE. PARCEL 29 (APN: 0136-412-04-0-000): THE EASTERLY 50.00 FEET OF LOT 116 OF TRACT NO. 1995, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 30 (APN: 0136-412-26-0-000): LOT 131 OF TRACT NO. 1995, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE EAST 50 FEET AS MEASURED FROM THE CENTER LINE OF WATERMAN AVENUE, 82.5 FEET IN WIDTH, AS GRANTED TO THE COUNTY OF SAN BERNARDINO FOR ROAD PURPOSES BY DEED RECORDED JANUARY 06, 1961 IN BOOK 5320, PAGE 348 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL 31 (APN: 0136-422-12-0-000): LOT 133 OF TRACT NO. 1995, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, THE EAST 50 FEET THEREOF AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED JANUARY 10, 1961 IN BOOK 5322, PAGE 569 OF OFFICIAL RECORDS. SAID EAST 50 FEET MEASURED FROM THE CENTER LINE OF WATERMAN AVENUE. PARCEL 32 (APN: 0136-412-27-0-000): Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT A-7 Packet Pg. 881 32.b LOT 132 OF TRACT NO. 1995, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE EAST 50 FEET AS MEASURED FROM THE CENTER LINE OF WATERMAN AVENUE, 82.5 FEET IN WIDTH, AS GRANTED TO THE COUNTY OF SAN BERNARDINO FOR ROAD PURPOSES. PARCEL 33 (APN: 0136-412-01-0-000): LOT 115 OF TRACT NO. 1995, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 34 (APN: 0136-422-08-0-000): LOT 113 OF TRACT NO. 1995, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE NORTH 62.50 FEET. PARCEL 35 (APN: 0136-422-15-0-000): LOT 136 OF TRACT NO. 1995, VALLEY TRUCK FARMS, AS SHOWN BY MAP ON FILE IN BOOK 29, PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE EAST 50.00 FEET MEASURED FROM THE CENTER LINE OF WATERMAN AVENUE, 82.5 FEET IN WIDTH, AS CONVEYED TO COUNTY OF SAN BERNARDINO, A BODY CORPORATE AND POLITIC OF THE STATE OF CALIFORNIA, BY A DOCUMENT RECORDED MARCH 03, 1961 AS INSTRUMENT NO. 266, IN BOOK 5366, PAGES 568 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL 36 (APN: 0136-422-07-0-000 AND 0136-422-14-0-000): LOTS 112 AND 135 OF TRACT NO. 1995, VALLEY TRUCK FARMS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 29, PAGE 13 OF MAPS, RECORDS OF SAID COUNTY. Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT A-8 Packet Pg. 882 32.b EXCEPTING FROM LOT 135 THE EASTERLY 50 FEET MEASURED TO THE CENTER LINE OF WATERMAN AVENUE, AS CONVEYED TO THE COUNTY OF SAN BERNARDINO, RECORDED AUGUST 23, 1961 AS INSTRUMENT NO. 209, IN BOOK 5517, PAGE 130 OF OFFICIAL RECORDS. PARCEL 37 (APN: 0280-131-03): LOT 15 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 31, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE WEST 50 FEET AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED JANUARY 10, 1961 IN BOOK 5322, PAGE 581 OF OFFICIAL RECORDS. PARCEL 38 (APN: 0280-131-05): LOT 13 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 31, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE WEST 50 FEET AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED JANUARY 24, 1961 IN BOOK 5333, PAGE 358 OF OFFICIAL RECORDS. PARCEL 39 (APN: 0280-131-23): THE NORTH 75 FEET OF LOT 22 OF TRACT NO. 2194, VALLEY TRUCK FARMS NO. 2, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 31, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT A-9 Packet Pg. 883 32.b FORMS FOR SECURITY Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT B-1 Packet Pg. 884 32.b BOND NO. ____________________ INITIAL PREMIUM: ____________________ SUBJECT TO RENEWAL PERFORMANCE BOND WHEREAS with CH REALTY VIII/I SAN BERNARDINO WATERMAN, L.P., a Delaware limited partnership, successor in interest to Real Estate Development Associates, LLC LOPER to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system WHEREAS, the Work to be performed by DEVELOPER is more particularly set forth in that certain DIF Credit Agreement dated July___, 2019 (hereinafter the WHEREAS, the Agreement is hereby referred to and incorporated herein by this reference; and WHEREAS, DEVELOPER or its contractor is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work constructed thereunder. NOW, THEREFORE, we the undersigned, \[Developer\], as Principal and \[Surety\], a corporation organized and existing under the laws of the State of \[state\] and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY in the sum of \[Amount\] ($ ), said sum being not less than one hundred percent (100%) of the total cost of the Work as set forth in the Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if DEVELOPER and its contractors, or their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless CITY, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT B-2 Packet Pg. 885 32.b As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, such obligation, all to be taxed as costs and included in any judgment rendered. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Agreement or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work. IN WITNESS WHEREOF, we have hereto set our hands and seals this _________ of July, 2019. ___________________________________ Principal By: _____________________________ Its: _____________________________ ___________________________________ Surety By: _____________________________ Attorney-in-Fact Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT B-3 Packet Pg. 886 32.b BOND NO. ____________________ INITIAL PREMIUM: ____________________ SUBJECT TO RENEWAL LABOR & MATERIAL BOND WHEREAS with CH REALTY VIII/I SAN BERNARDINO WATERMAN, L.P., a Delaware limited partnership, successor in interest to Real Estate Development Associates, LLC consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (he WHEREAS, the Work to be performed by DEVELOPER is more particularly set forth in that certain DIF Credit Agreement dated July ____, 2019 (hereinafter WHEREAS, DEVELOPER or its contractor is required to furnish a bond in connection with the Agreement providing that if DEVELOPER or any of his or its contractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, fee in case suit is brought on the bond. NOW, THEREFORE, we the undersigned, \[Developer\], as Principal and \[Surety\], a corporation organized and existing under the laws of the State of \[State\] and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, the sum of \[amount\] ($), said sum being not less than 100% of the total amount payable by DEVELOPER under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT B-4 Packet Pg. 887 32.b THE CONDITION OF THIS OBLIGATION IS SUCH that if DEVELOPER or its contractors, or their heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 8024, 8400, 8402, 8404, 8430, 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the Agreement or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work. IN WITNESS WHEREOF, we have hereto set our hands and seals this _____ day of July, 2019. ___________________________________ Principal By: _____________________________ Its: _____________________________ ___________________________________ Surety By: _____________________________ Attorney-in-Fact Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT B-5 Packet Pg. 888 32.b DOCUMENTATION TO BE PROVIDED TO CITY BY DEVELOPER FOR DETERMINATION OF CONSTRUCTION COSTS To assist CITY in determining the Construction Costs for a completed DIF Improvement, DEVELOPER shall provide the following documents to CITY: 1. ost estimate; 2. List of bidders from whom bids were requested; 3. Construction schedules and progress reports; 4. Contracts, insurance certificates and change orders with each contractor or vendor; 5. Invoices received from all vendors; 6. Canceled checks for payments made to contractors and vendors (copy both front and back of canceled checks); 7. Spreadsheet showing total costs incurred in and related to the construction of each DIF Improvement and the check number for each item of cost and invoice; 8. Final lien releases from each contractor and vendor; and 9. Such further documentation as may be reasonably required by CITY to evidence the completion of construction and the payment of each item of cost and invoice. Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP EXHIBIT C-1 Packet Pg. 889 32.b REIMBURSEMENT AGREEMENT ____ day of January, 2020, by and between the CITY OF SAN BERNARDINO, a CH REALTY VIII/I SAN BERNARDINO WATERMAN, L.P., a Delaware limited partnership, successor in interest to Real Estate Development Associates, LLC RECITALS WHEREAS, CITY and DEVELOPER are parties to an agreement dated July____, 2019 WHEREAS, Sections 14.1 through 14.4 of the Credit Agreement provide that DEVELOPER is obligated to pay CITY the DIF Obligation, as defined therein, but shall receive credit to offset the DIF Obligation if DEVELOPER constructs and CITY accepts the DIF Improvements in accordance with the Credit Agreement; WHEREAS, Section 14.5 of the Credit Agreement provides that if the dollar amount of the DIF credit to which DEVELOPER is entitled under the Credit Agreement exceeds the dollar amount of the DIF Obligation, DEVELOPER may apply to CITY for a reimbursement agreement for the amount by which the DIF credit exceeds the DIF Obligation; WHEREAS, Section 14.5 additionally provides that a reimbursement agreement executed pursuant to the Credit Agreement (i) shall be executed on the form attached to the Credit Agreement, (ii) shall contain the terms and conditions set forth therein, (iii) shall be subject to all terms and conditions of the Credit Agreement, and (iv) shall be attached upon execution to the Credit Agreement and incorporated therein as a material part of the Credit Agreement as though fully set forth therein. NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows: TERMS EXHIBIT D-4 Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Packet Pg. 890 32.b 1.0IncorporationofRecitals.The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein. 2.0 Effectiveness. This Agreement shall not be effective unless and until the Credit Agreement is effective and in full force in accordance with its terms. 3.0 Definitions. Terms not otherwise expressly defined in this Agreement, shall have the meaning and intent set forth in the Credit Agreement. 4.0 Amount of DIF Reimbursement. Subject to the terms, conditions, and limitations set forth in this Agreement, the Parties hereby agree that DEVELOPER is entitled to receive the dollar amount by which the Actual DIF Credit exceeds the dollar amount of the DIF Obligation as determined pursuant to the Credit Agreement, section 3.27.150 of the San Bernardino Municipal Code, and CITY polic DIF Reimbursement shall be subject to verification by CITY and DEVELOPER shall provide any and all documentation reasonably necessary for CITY to verify the amount of the DIF Reimbursement. The DIF Reimbursement shall be in an amount not exceeding Six Hundred and Sixty Four Dollars and Forty Eight Cents ($1,194,664.48) amount of the DIF Reimbursement exceed the difference between the dollar amount of all credit applied to offset the DIF Obligation pursuant to Sections 15.2, 15.3, and 15.4 of the Credit Agreement, and one hundred (100%) of the construction costs of the DIF Improvement identified in the DIF Study in effect at the time of the issuance of a building permit for the Project. 5.0 Payment of DIF Reimbursement; Funding Contingency. The payment of the DIF Reimbursement Amount shall be subject to the following conditions: 5.1 DEVELOPER shall have no right to receive payment of the DIF Reimbursement unless and until (i) the DIF Improvements are completed and accepted by CITY in accordance with the Credit Agreement, and (ii) CITY has funds available and appropriated for payment of the DIF Reimbursement Amount. 5.2 DEVELOPER shall not be entitled to any interest or other cost adjustment for any delay between the time when the dollar amount of the DIF Reimbursement is determined and the time when payment of the DIF Reimbursement is made to DEVELOPER by CITY. The DIF Reimbursement shall be due and payable within thirty (30) days following (a) execution of this Agreement and (b) satisfaction of the conditions in Section 5.1. EXHIBIT D-4 Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Packet Pg. 891 32.b 6.0AffirmationofCreditAgreement.CITY and DEVELOPER represent and warrant to each other that there have been no written or oral modifications or amendments of the Credit Agreement, except by this Agreement. CITY and DEVELOPER ratify and reaffirm each and every one of their respective rights and obligations arising under the Credit Agreement. CITY and DEVELOPER represent and warrant that the Credit Agreement is currently an effective, valid, and binding obligation. 7.0 Incorporation Into Credit Agreement. Upon execution of this Agreement, an Agreement and shall be incorporated therein as a material part of the Credit Agreement as though fully set forth therein. 8.0 Terms of Credit Agreement Controlling. Each Party hereby affirms that all provisions of the Credit Agreement are in full force and effect and shall govern the actions of the Parties under this Agreement as though fully set forth herein and made specifically applicable hereto, including without limitation, the following sections of the Credit Agreement: Sections 10.0 through 10.3, Section 12.0, Sections 13.0 through 13.7, and Sections 14.0 through 14.5. \[Signature Page Follows\] EXHIBIT D-4 Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Packet Pg. 892 32.b IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF SAN BERNARDINO ____________________________ Teri Ledoux, City Manager Approved as to Legal Form: Gary D. Saenz, City Attorney By: ________________________ ATTEST Georgeann Hanna, City Clerk: By: ________________________ DEVELOPER CH REALTY VIII/I SAN BERNARDINO WATERMAN, L.P., a Delaware limited partnership By: CH Realty VIII/I San Bernardino Waterman, GP, L.L.C., a Delaware limited liability company, its general partner By: Fund VIII Managers, L.L.C., a Texas limited liability company, its manager By: _________________________________ Name: _________________________________ Title: _________________________________ EXHIBIT D-4 Attachment: PW. CH Realty DIF Credit Agreement.01A-Exhibit A. Agreement (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Waterman, LP Packet Pg. 893 32.c PROJECT LOCATION MAP NTS WATERMAN SOUTH AND EAST WASHINGTON COMMERCE CENTER Attachment: PW.CH Realty DIF Crredit Agreement .02-Attachment 2-Location Map (6552 : DIF Credit/Agreement W/CH Realty VIII/I SB Packet Pg. 894 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 33 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Alex Qishta, Acting Public Works Director Subject: Street Vacation of Portions of Home Avenue, "I" Street and Montgomery Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize City staff to proceed with the request to vacate portions of Home, , and Montgomery Street for Plan No. 13099. Background Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of a street 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 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 On August 8, 2016, a petitio Montgomery Street was received from Timothy J. Brickley (Attachment 1). The petition includes property owner signatures representative of over 90% of the parcels abutting the proposed street vacated vacations requesting the street be vacated by the City. Submitted with the petition was Plan No. 13099 (Attachment 2). According to the requester, the reason for the street vacation is to reduce truck traffic through the residential neighborhood and improve circulation between properties owned by the same entity. On January 9, 2017, the Mayor and City Council authorized staff to proceed with an Street and Montgomery Street. On January 10, 2017, notices were sent out to utility providers, including the Water Packet Pg. 895 Page 1 33 6559 Department, informing them of the proposed street vacations. Four utilities, gas, electric, water and phone, responded that they had existing facilities in the area proposed to be vacated and requested a reservation of easement. On January 11, 2017, notices were sent to City Departments and San Bernardino County Fire, informing them of the proposed street vacation. The Department of Public Works Traffic Engineering Division responded that cul- de-sacs would be necessary to allow non-residents of the apartment complex to turn around. The applicant provided the attached Proposed Cul-De-Sac Exhibit (Attachment 3). These cul-de-sacs will be required to meet City standards and will also require the petitioners to dedicate additional right of way. The Department of Public Works Engineering Division responded that there are existing sewer and storm drain facilities within the proposed street vacations for which a reservation of easement was requested. The Community Development Department responded with Planning Commission Resolution 2017-057-PC (Attachment 4) making an Environmental Determination that Plan No. 13102 is categorically exempt from the California Environmental Quality Act (CEQA) per §15061(b)(3) and finding Plan No. 13099 consistent with the General Plan and forwarding a recommendation to the Mayor and City Council to adopt the Categorical Exemption for and allow the proposed street vacation of portions o th with a recommendation that truck traffic be prohibited on Home Avenue and 13 Street. The referenced Real Property Street Vacation 16-00008 in the Planning Commission resolution is the activity number under which the Street Vacation Processing Fees were collected. On October 10, 2017, San Bernardino County Fire responded that there is a fire hydrant on Home Ave which would need to be relocated to the cul-de-sac on Home Ave and that any gated access points to the commercial properties would need to have Knox boxes to maintain Fire Department access. None of the departments that responded opposed the proposed street vacations. Reservations of easements were requested for existing and future facilities by the Water Department and Public Works Department. vacation on January 26, 2017, informing them of the proposed street vacation and soliciting comments. Three property owners responded that they objected to the proposed vacations citing concerns that the action would result in increased truck traffic on their street, as well as increased dust and noise pollution from the Brickley site as a result of the increase in storage capacity of the site. The only property adjacent to the proposed vacation areas not represented on the th Packet Pg. 896 Page 2 33 6559 Street. The property was acquired by a new owner in February 2017. Staff met with the new owner and received a verbal confirmation that the property owner supported assumption is that he is the underlying owner of that portion of street. Due to staff turnover throughout the Public Works Department, the recordation of the street vacation started in 2017 was not completed. Staff reviewed options with the City Attorney's office for moving forward with the street vacation action. After legal review, it was determined that the previously adopted resolution had expired, and a new street vacation process would need to be administered by staff. On November 26, 2019, the applicant resubmitted the appropriate petition documentation (Attachment 1) to restart the street vacation and requested staff to move forward. Staff is now requesting City Council authorization to begin the investigative process required to administer a new street vacation process. Discussion On November 15, 2017, the Mayor and City Council adopted Resolution 2017-225 declaring their intent to conduct a public hearing on the proposed street vacations. A date, time and place for said hearing was set for December 20, 2017, 5:00 PM, at 201 ino, CA 92401 in the Third Floor Board Room. Pursuant to SHC section 8322(a) notices were published in the San Bernardino Sun Newspaper November 29, and December 6, 2017. Pursuant to SHC section 8323 notices were posted along the proposed street vacations on December 4, 2017. On December 7, 2017, Public Works, with the cooperation of Brickley Environmental, conducted a Town Hall style meeting on the Brickley property to inform local residents about the Street and Highways General Street Vacation process and procedure and to answer any questions residents may have about how the proposed action impacts them. Five residents, representing three households, attended the Town Hall style meeting. Due to an oversight, the public hearing was not placed on the December 20, 2017, agenda, so the Mayor and City Council could not open the public hearing. The public hearing was rescheduled to January 17, 2018, pursuant to SHC section 8320(a)(2) which provides that the public hearing is administratively set by the clerk of the legislative body by fixing the date, hours and place of the hearing and causing the publishing and posting of the notices required by the chapter. Notices for the rescheduled public hearing were published in the San Bernardino Sun Newspaper on January 3, and January 10, 2018. Notification for the rescheduled public hearing was posted along the proposed street vacations January 2, 2018. Packet Pg. 897 Page 3 33 6559 At the public hearing on January 17, 2018, the Mayor and City Council adopted a Resolution Ordering the Vacation (Resolution 2018-20 - Attachment 2) of portions of easements therein. Through the resolution, the City also determined that a Categorical Exemption applied for the street vacation, reserved easements for gas, water, sewer, storm drain, electric and phone utilities and the resolution serves as a final order of Plan No. 13099. Street vacation proceedings are not considered completed until the resolution making the final order vacating portions of the street have been recorded with the San 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 not be recorded until the conditions have been satisfied. As a condition of the originally anticipated street vacation for Plan No. 13099, Public Works required that the applicant apply for permits for the plan check and ultimate construction and acceptance of the required cul-de-sac improvements. These improvements have been completed as of the date of this report. Due to a change in staff, the adopted Resolution 2018-20 for the street vacation was not period. All improvements for this project have been completed and staff is now recommending that the City Council authorize staff to move forward with necessary actions to complete the street vacation process. 2019-20 Goals and Objectives The proposed Street vacation aligns with Goal No. 4: Ensure Development of a Well- Planned Balanced and Sustainable City. This project will contribute to well-maintained streets for sustained economic growth. Fiscal Impact There is no fiscal impact associated with this action. Costs incurred with this action have been offset by the non-refundable petitioner paid processing fee of $2,000. To date, all costs have been paid. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize City staff to proceed with the request to vacate portions of Home, Attachments Attachment 1 New Application Attachment 2 Original Adopted Resolution No. 2018-20 Attachment 3 Legal Descriptions Packet Pg. 898 Page 4 33 6559 Attachment 4 Plat Maps Ward: 1 Synopsis of Previous Council Actions: On January 9, 2017, Mayor and City Council approved item 51 authorizing staff to investigate Plan No. 13099 to vacate portions of Home Avenue, "I" Street and Montgomery Street. On November 15, 2017, Mayor and City Council adopted Resolution No. 2017-225 declaring their intent to conduct a public hearing on the proposed street vacation of portions of Home Avenue, "I" Street and Montgomery Street. On January 17, 2018, Mayor and City Council adopted Resolution No. 2018-20 ordering the vacation of portions of Home Avenue, "I" Street and Montgomery Street with the reservation of utility easements. Packet Pg. 899 Page 5 33.a Attachment: PW.Authorization to Proceed with Street Vacation Attachment 1 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 900 33.a Attachment: PW.Authorization to Proceed with Street Vacation Attachment 1 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 901 33.b Attachment: PW.Authorization to Proceed with Street Vacation Attachment 2 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 902 33.b Attachment: PW.Authorization to Proceed with Street Vacation Attachment 2 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 903 33.b Attachment: PW.Authorization to Proceed with Street Vacation Attachment 2 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 904 33.b Attachment: PW.Authorization to Proceed with Street Vacation Attachment 2 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 905 33.b Attachment: PW.Authorization to Proceed with Street Vacation Attachment 2 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 906 33.b Attachment: PW.Authorization to Proceed with Street Vacation Attachment 2 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 907 33.c Attachment: PW.Authorization to Proceed with Street Vacation Attachment 3 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 908 33.c Attachment: PW.Authorization to Proceed with Street Vacation Attachment 3 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 909 33.c Attachment: PW.Authorization to Proceed with Street Vacation Attachment 3 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 910 33.c Attachment: PW.Authorization to Proceed with Street Vacation Attachment 3 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 911 33.d Attachment: PW.Authorization to Proceed with Street Vacation Attachment 4 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 912 33.d Attachment: PW.Authorization to Proceed with Street Vacation Attachment 4 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 913 33.d Attachment: PW.Authorization to Proceed with Street Vacation Attachment 4 (6559 : Street Vacation of Portions of Home Avenue, "I" Street and Packet Pg. 914 34 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Alex Qishta, Acting Public Works Director Subject: Purchase and Sale Agreement 340 W. 40Th Street Recommendation Adopt Resolution No. 2020-19 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Partial Purchase and Sale Agreement with Bryan Henley and Sharland L. Henley for the property located at th 340 W. 40 Street. Background th This project consists of the widening of 40 Street from Johnson Street to Electric Avenue to provide two through lanes in each direction and a two-way left-turn lane (Attachment 2 - Location Map). The project includes right-of-way (ROW) acquisition, undergrounding overhead utility lines, pavement widening, pavement rehabilitation, signing and striping. On July 19, 2017, the Mayor and City Council adopted Resolution No. 2017-131 approving an agreement with Engineering Resources of Southern California, Inc. to th provide environmental and civil engineering design for the widening of 40 Street from Johnson Street to Electric Avenue. th The design and right-of-way acquisition for the widening of 40 Street from Johnson Street to Electric Avenue was approved as part of the FY 2018/19 Capital Improvement Program. The environmental component of the project was completed on April 24, 2018, and the Plans Specifications & Estimate (PS&E) are 95% completed. As part of the PS&E, Engineering Resources of Southern California, Inc. was required to identify the necessary ROW full and partial takes for this project. A total of 15 parcels were identified to complete this project. On September 5, 2018, the Mayor and City Council adopted Resolution No. 2018-248 approving an agreement with Paragon Partners, Ltd to acquire the right-of-way for this project. Discussion The property in consideration is a permanent easement for roadway purposes and includes approximately 4,443 square feet of area. An appraisal was completed on Packet Pg. 915 Page 1 34 6558 January 31, 2019 resulting in an appraised value for consideration in the amount of $88,500. On May 3, 2019, a written offer to purchase the easement property in the amount of $88,500 was presented to the property owner, Bryan Henley and Sharland L. Henley. The Owner reviewed the offer and appraisal and agreed to accept it for the amount of $88,500. Additionally, the Owner is waiving his rights to reimbursement of up to $5,000 for an independent appraisal. 2019-20 Goals and Objectives th The 40 Street widening project aligns with Goal No. 4: Ensure Development of a Well- Planned Balanced and Sustainable City. This project will contribute to well-maintained streets for sustained economic growth. Fiscal Impact This project is being reimbursed by the San Bernardino County Transportation Authority th (SBCTA) as part of the Valley Major Street Program. The 40 Street widening project is one of the four projects in the City of San Bernardino approved for reimbursement under (CPNA). The reimbursement rate is 67.6%. There is sufficient funding in the FY 2019/20 Capital Projects Budget in the Regional Circulation System 40th Street Wideing Project (account 264-160-7160-5504). This was approved by the Mayor and City Council on June 19, 2019. No General Fund appropriation is required for this action. Conclusion Adopt Resolution No. 2020-19 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Partial Purchase and Sale Agreement with Bryan Henley and Sharland L. Henley for the property located at th 340 W. 40 Street. Attachments Attachment 1 Resolution Attachment 2 Sale Agreement and Joint Escrow Instructions; Exhibit A - Legal Description; Exhibit B - Plat Map; Exhibit C - Fixtures and Equipment List (Intentionally Deleted); Exhibit D - Grant of Easement; Exhibit E - a FIRPTA; Exhibit E-2 - (Intentionally Deleted) Exhibit F - Tenant List (Intentionally deleted); Exhibit G - Lease; Exhibit H - Tenant Estoppel (Intentionally Deleted); Exhibit I - Bill of Sale; Exhibit J - Disclaimer of Ownership eleted) Attachment 2 Location Map Ward: 4 Synopsis of Previous Council Actions: July 19, 2017 Mayor and City Council adopted Resolution No. 2017-131 Packet Pg. 916 Page 2 34 6558 approving an agreement with Engineering Resources of Southern California, Inc. to provide environmental and civil engineering design. March 21, 2018 Mayor and City Council adopted Resolution NO. 2018-75 approving a Mitigated Negative Declaration (MND), adopting a Mitigation Monitoring and Reporting Program (MMRP), and authorizing the Director of Community Development or designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for the widening of 40th Street from Johnson Street to Electric Avenue. September 5, 2018 Mayor and City Council adopted Resolution No. 2018-248 approving an agreement with Paragon Partners, Ltd to provide right-of-way acquisition services. Packet Pg. 917 Page 3 34.a Resolution No. 2020-19 RESOLUTION NO. 2020-19 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PARTIAL PURCHASE AND SALE AGREEMENT WITH BRYAN HENLEY AND SHARLAND L. HENLEY FOR THE th PROPERTY LOCATED AT 340 W. 40 STREET th WHEREAS, pursuant to the street widening project of 40 street between Johnson street and Electric Avenue, the City of San Bernardino requires the acquisition of real property located th at 340 W. 40 Street; and WHEREAS, 0154-642-07 and is WHEREAS, on July 19, 2017, the Mayor and City Council adopted Resolution No. 2017-131 approving an agreement with Engineering Resources of Southern California, Inc. to th provide environmental and civil engineering design for the widening of 40 Street from Johnson Street to Electric Avenue (SS04-014); and WHEREAS, on September 5, 2018, the Mayor and City Council adopted Resolution No. 2018-248 approving an agreement with Paragon Partners, Ltd to provide Right-of-Way th Acquisition Services for the widening of 40 Street from Johnson Street and Electric Avenue (SS04-014). 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 City Manager or his/her designee is hereby authorized and directed on behalf of the City of San Bernardino to execute the said Partial Acquisition Purchase and Sale Agreement and Joint Escrow Instructions to conclude the purchase of said permanent easement for the amount of $88,500. SECTION 3. That the City Council finds that a Mitigated Negative Declaration (MND) was adopted for this project on March 21, 2018 through Resolution No. 2018-75 satisfying the requirements of the California Environmental Quality Act (CEQA). The actions contemplated by this Resolution are within scope of the previously adopted MND. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Resolution (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 918 34.a Resolution No. 2020-19 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Resolution (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 919 34.a Resolution No. 2020-19 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Georgeann Hanna, MMC, City Clerk Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Resolution (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 920 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 921 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 922 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 923 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 924 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 925 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 926 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 927 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 928 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 929 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 930 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 931 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 932 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 933 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 934 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 935 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 936 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 937 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 938 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 939 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 940 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 941 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 942 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 943 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 944 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 945 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 946 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 947 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 948 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 949 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 950 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 951 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 952 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 953 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 954 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 955 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 956 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 957 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 958 34.b Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 1 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 959 34.c Attachment: PW.Purchase and Sale Agreement 340 W. 40th Street Attachment 2 (6558 : Purchase and Sale Agreement 340 W. 40Th Street) Packet Pg. 960 35 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Alex Qishta, Acting Public Works Director Subject: Award of Construction Contract to S&H Civil Works for Citywide Concrete Repairs Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, provide direction to staff regarding the Citywide Concrete Repairs Project (-23: 1. Approving the award of a Construction Contract with S&H Civil Works in the amount of $536,880 for citywide concrete repairs; and 2. Authorizing the Finance Director to increase the total project budget amount to $645,000, including the cost of the Construction Contract in the amount of $536,880, project contingency in the amount of $54,000, and engineering and inspection budgets in the amount of $54,120; and 3. Authorizing the Finance Director to amend the FY 2019/20 adopted budget to allocate $145,000 in Community Development Block Grant Funds from Lytle Creek Community Center Roof Replacement to the Project; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Background The Public Works Department is responsible for maintaining the sidewalk and pedestrian access ramps throughout the city to American Disability Act (ADA) standards. As part of the Public Works annual program of work, staff has identified a need for sidewalk and/or ADA access ramp improvements at the following seven (7) senior and community centers within the city: th 5th Street Senior Center located at 600 West 5 St., San Bernardino st Perris Hill Senior Center located at 780 East 21 St., San Bernardino Ruben Campos Community Center located at 1717 W 5th St., San Bernardino ., San Bernardino Rudy Hernandez Community Center located at 222 N Lugo St., San Bernardino Packet Pg. 961 Page 1 35 6564 nd Nicholson Community Center located at 2750 West 2 St., San Bernardino Delmann Heights Community Center located at 2969 Flores St., San Bernardino The FY 2019/20 citywide concrete repairs project consists of upgrading or installing ADA compliant pedestrian and reconstruction of existing wheelchair ramps to meet ADA requirements and providing missing ramps at these senior centers within the city. On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-168 Annual Operating Budget for Fiscal Year 2019/20. The budget included Capital Improvement Plan (CIP) project SS-P for citywide concrete repairs, and established $500,000 in Community Development Block Grant (CDBG 119) funds to support the project. Staff recently solicited construction bids for the project; identified additional funding needed, and is recommending that the Mayor and City Council approve the award of a construction contract to S&H Civil Works. Additionally, staff is requesting that the Mayor and City Council authorize a total project budget of $645,000, which includes construction, contingency, and staff time costs. Discussion Project 13350 to provide citywide concrete repairs, was advertised for public bidding on November 25, 2019, and December 2, 2019 in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, t Bernardino Area Chamber of Commerce. Sealed bids were received and opened on December 12, 2019. The City received seven (7) bids as follows: BIDDER CITY BASE BID S&H Civil Works Colton $536,880 EBS General Engineering, Inc. Corona $544,655 IE General Engineering Beaumont $596,330.50 VIDO Samarzich, Inc Rancho Cucamonga $777,776 IVL Contractors Inc. Riverside $789,232.90 CT&T Concrete Paving, Inc. Diamond Bar $853,303 CMB Structures, Inc. Rancho Cucamonga $962,486.50 The bid solicitation resulted in base bids that were higher in price than staff had originally expected. The difference can be attributed to the impacts of rising fuel prices and increases in material costs that have occurred since the time staff submitted project estimates for budgeting purposes. Staff has reviewed all bid packages and confirmed that S&H Civil Works of Colton, California, is the lowest responsible and responsive bidder, with a total bid amount of $536,880. Packet Pg. 962 Page 2 35 6564 In addition to construction costs, staff anticipates the need for a construction contingency to provide for any unforeseen work that is related to the project, and estimated staff costs required to support engineering inspections of the project. At this time, the estimated full project cost is at $645,000, which includes the lowest responsive construction bid, project contingencies, and engineering inspections. The breakdown of the total project costs are as follows: Estimated Project Cost Total Bid Amount $ 536,880 Construction Contingency $ 54,000 Engineering and Inspections $ 54,120 Total Project Costs $ 645,000 The total project cost exceeds the current $500,000 of CDBG funding appropriated for the project. To move forward with the project, staff has identified $145,000 of additional CDBG funding available from the Lytle Creek Community Center roof replacement project. The roof replacement project did not require the full funding appropriated in the CDBG FY 2019/20 program of work. Engineering staff, in collaboration with Finance Department staff, have determined that $145,000 from the roof project is eligible to be reallocated to support the citywide concrete repair project. Upon approval of this project budget by the Mayor and City Council, Public Works staff will prepare any necessary documentation required by the CDBG program guidelines to support the reallocation of funds. If awarded by the Mayor and City Council, construction work on the citywide concrete repair is anticipated to begin in March 2020 and be completed by June 2020. 2019-20 Goals and Objectives This project is consistent with Goal No 4: Ensure Development of a Well-Planned Balanced and Sustainable City. This project will contribute to ensure that the city is clean and attractive and provides infrastructure designed for long term economic growth. Fiscal Impact There is no General Fund Impact. CDBG funding in the amount of $500,000 was previously approved by Mayor and City Council for the City Wide Concrete Repairs Project (account 119-160-8017-5504) and is available through Program Year 2019/20 Community Development Block Grant funds for this project. An additional $145,000 in CDBG funding is available from savings realized on Lytle Creek Community Center roof replacement project (account 119-160-8740-5504). Funding Source Amount Fund 119 - CDBG FY19/20 Appropriation $500,000 Lytle Creek Community Center Roof Replacement Project (CDBG Fund reallocation) $145,000 Packet Pg. 963 Page 3 35 6564 Total Available Project Funding $645,000 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, provide direction to staff regarding the Citywide Concrete Repairs Project -23: 1. Approving the award of a construction contract with S&H Civil Works in the amount of $536,880 for citywide concrete repairs; and 2. Authorizing the Finance Director to increase the City Wide Concrete Repair Project total project budget (account 1190160-8017-5504) amount to $645,000, including the cost of the construction contract in the amount of $536,880, project contingency in the amount of $54,000, and engineering and inspection budgets in the amount of $54,120; and 3. Authorizing the Finance Director to amend the FY 2019/20 adopted budget to allocate $145,000 in Community Development Block Grant Funds from Lytle Creek Community Center roof replacement to the project (account 119-160- 8740-5504); and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution Attachment 2 Bid Tabulation for Citywide Concrete Repairs Attachment 3 Lowest Bid Form for Citywide Concrete Repairs Attachment 4 Agreement Ward: All Synopsis of Previous Council Actions: May 15, 2019 CDBG Action Plan 2019-2020 June 19, 2019 Adopted Resolution No. 2019-168 approving Capital Improvement Program FY 2019/2020 Packet Pg. 964 Page 4 35.a Resolution No. 2020-23 RESOLUTION NO. 2020-23 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH S&H CIVIL WORKS IN THE AMOUNT OF $536,880 FOR CITYWIDE CONCRETE REPAIRS; AUTHORIZING A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $54,000; AUTHORIZING THE FINANCE DIRECTOR TO AMEND THE FY 2019/20 ADOPTED BUDGET TO ALLOCATE CDBG FUNDS FROM LYTLE CREEK COMMUNITY CENTER ROOF REPLACEMENT TO THE PROJECT; AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT WHEREAS, Article III of the City Charter authorizes the City Council to set policy, approve contracts and agreements, and undertake other obligations; and WHEREAS, S&H Civil Works, 1801 Hilltop Drive, Colton, California, 92324 is the lowest responsive responsible bidder for Citywide Concrete Repairs; and Special Provision No. 13350. 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 City Manager or his designee is hereby authorized and directed to award a construction contract to S&H Civil Works in the amount of $536,880. SECTION 3. The City Manager or designee is hereby authorized and directed to execute said contingency not to exceed $54,000 on behalf of the City. SECTION 4. The Director of Finance is authorized to amend FY 2019/20 Budget to allocate CDBG Funds to the project. SECTION 5. The Director of Finance is authorized and directed to issue a Purchase Order in the amount of $536,880 to S&H Civil Works for this work. SECTION 6. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Attachment: PW.S&HConstruction Contact Award Citywide Concrete Repairs.01- Resolution-Attachment 1 (6564 : Award of Construction Packet Pg. 965 35.a Resolution No. 2020-23 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 ___ day of __________, 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney Attachment: PW.S&HConstruction Contact Award Citywide Concrete Repairs.01- Resolution-Attachment 1 (6564 : Award of Construction Packet Pg. 966 35.a Resolution No. 2020-23 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. ______________________________ Georgeann Hanna, MMC, City Clerk Attachment: PW.S&HConstruction Contact Award Citywide Concrete Repairs.01- Resolution-Attachment 1 (6564 : Award of Construction Packet Pg. 967 35.b Attachment: PW.S$H Construction Contract award Annual Concrete Repair.02.Bid Tabulation-Attachment 2 (6564 : Award of Construction Packet Pg. 968 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 969 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 970 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 971 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 972 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 973 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 974 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 975 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 976 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 977 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 978 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 979 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 980 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 981 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 982 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 983 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 984 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 985 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 986 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 987 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 988 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 989 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 990 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 991 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 992 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 993 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 994 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 995 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 996 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 997 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 998 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 999 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 1000 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 1001 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 1002 35.c Attachment: PW.S&H Construction Contract Award Annual concrete Repair.03.Lowest Bid Form-Attachment 3 (6564 : Award of Construction Packet Pg. 1003 35.d A G R E EM E N T CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this _____ day of _______________, 20___, between the City of San Bernardino (owner and hereinafter "CITY"), and S&H Civil Works _(hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the CITYWIDE CONCRETE REPAIRS Project No. 13350 in strict conformity with Plans and Special Provisions No. 13350 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 1. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 2. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this A-1 Attachment: PW.S&HConstruction Contract Award Citywide Concrete Repairs.004.Agreement.Attachment 4 (6564 : Award of Construction Packet Pg. 1004 35.d AGREEMENT: CITYWIDE CONCRETE REPAIRS Project No. 13350 contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of This contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR CITY OF SAN BERNARDINO NAME OF FIRM: S&H Civil Works BY: ________________________________ TERI LEDOUX, City Manager BY: _______________________________ TITLE: ATTEST: MAILING ADDRESS: S&H Civil Works _______________________________ GEORGEANN HANNA City Clerk 1801 Hilltop Drive Colton, California 92323 PHONE NO.: ( 909 )206-1181__________ APPROVED AS TO FORM: ATTEST: _______________________________ GARY D. SAENZ, City Attorney ____________________________________ Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. A-2 Attachment: PW.S&HConstruction Contract Award Citywide Concrete Repairs.004.Agreement.Attachment 4 (6564 : Award of Construction Packet Pg. 1005 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 36 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Alex Qishta, Acting Public Works Director Subject: Authorization to Proceed with Street Vacation of Portion of Artesia Street Recommendation It is respectfully recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed street vacation of a portion of Artesia Street. Background Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of a street 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 public hearing, followed by publishing and posting of notices prior to the public 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. A petition to vacate a portion of Artesia Street was received on October 30, 2019, from Buddy N. Long / Long Family Trust. The portion of Artesia included in the request lies south of Rialto Avenue (formerly First Street) and northerly of that portion of Artesia Street. The petition and exhibits submitted with the petition are attached, hereto. The stated reason for the petition to vacate this portion of the street is that Mr. Long assumed ownership in1973, and has fenced, used, continued to maintain, and has had total control of that portion of Artesia since. Mr. Long does not currently possess any legal documentation or proof of easement permitting this use. Discussion If authorization is given to proceed, an investigation and analysis will begin and all City departments, County Fire, utilities, and affected property owners will be notified of the proposal and will be provided an opportunity to comment on any conflicts and/or potential issues or concerns. All services, with the exception of fire, will be performed in Packet Pg. 1006 Page 1 36 6563 house. The petitioner has submitted payment of $1,000 to the City, which represents the first half of the non-refundable street vacation processing fee. The remaining balance of $1,000 will be due after the investigative proceedings are completed and prior to returning to present the findings of the proceedings to the Mayor and City Council. Future actions by the City will consist of: Resolution of Intention by the Mayor and City Council setting a Public Hearing pursuant to Streets and Highway Code Section 8320 Publication of Notices of Vacation pursuant to Streets and Highways Code Sections 8322 & 8323 Public Hearing and Resolution of Vacation pursuant to Streets and Highways Code Section 8324 Recordation of the Resolution of Vacation pursuant to Streets and Highways Code Section 8325 2019-20 Goals and Objectives The proposed street vacation aligns with Goal No. 4: Ensure Development of a Well- Planned Balanced and Sustainable City. Investigations are required before the City can proceed with vacating the public right of way. Fiscal Impact There is no fiscal impact associated with this action. Costs incurred with this action will be offset by the non-refundable petitioner paid processing fee of $2,000. To date $1,000 of this fee has been paid to the City. Conclusion It is respectfully recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed street vacation of a portion of Artesia Street. Attachments Attachment 1 Petition Attachment 2 Title Report Attachment 3 Legal Description Attachment 4 Plat Map Attachment 5 Aerial Map ğƩķʹ Ќ bƚƓĻ Packet Pg. 1007 Page 2 36.b Attachment: PW. Authorization to Proceed with Street Vacation of Artesia Street Attachment 2 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1010 36.b Attachment: PW. Authorization to Proceed with Street Vacation of Artesia Street Attachment 2 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1011 36.b Attachment: PW. Authorization to Proceed with Street Vacation of Artesia Street Attachment 2 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1012 36.b Attachment: PW. Authorization to Proceed with Street Vacation of Artesia Street Attachment 2 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1013 36.b Attachment: PW. Authorization to Proceed with Street Vacation of Artesia Street Attachment 2 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1014 36.b Attachment: PW. Authorization to Proceed with Street Vacation of Artesia Street Attachment 2 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1015 36.b Attachment: PW. Authorization to Proceed with Street Vacation of Artesia Street Attachment 2 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1016 36.b Attachment: PW. Authorization to Proceed with Street Vacation of Artesia Street Attachment 2 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1017 36.b Attachment: PW. Authorization to Proceed with Street Vacation of Artesia Street Attachment 2 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1018 36.b Attachment: PW. Authorization to Proceed with Street Vacation of Artesia Street Attachment 2 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1019 36.b Attachment: PW. Authorization to Proceed with Street Vacation of Artesia Street Attachment 2 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1020 36.b Attachment: PW. Authorization to Proceed with Street Vacation of Artesia Street Attachment 2 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1021 36.b Attachment: PW. Authorization to Proceed with Street Vacation of Artesia Street Attachment 2 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1022 36.b Attachment: PW. 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Authorization to Proceed with Street Vacation of Artesia Street Attachment 3 \[Revision 1\] (6563 : Authorization to Proceed Packet Pg. 1026 36.d Attachment: PW.Authorization to Proceed with Street Vacation of Artesia Street Attachment 4 (6563 : Authorization to Proceed with Street Packet Pg. 1027 36.e Attachment: PW.Authorization to Proceed with Street Vacation of Artesia Street Attachment 5 (6563 : Authorization to Proceed with Street Vacation of Packet Pg. 1028 ŷźƭ tğŭĻ Lƭ \[ĻŅƷ LƓƷĻƓƷźƚƓğƌƌǤ .ƌğƓƉ 37 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Eric McBride, Acting Chief of Police Subject: Citywide Safety Camera Maintenance Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-4, authorizing the City Manager to execute a Vendor Service Agreement between the City of San Bernardino and CelPlan Technologies, Inc., and to issue a purchase order in an amount not to exceed $165,000. Background The City has utilized various grant funding and department funds to purchase surveillance cameras since 2012. There are currently 95 cameras installed in various locations throughout the city. CelPlan is the original supplier and installer of the surveillance camera system and has been providing maintenance since 2012. RFP F-19-49 (attached hereto as Attachment 2) was issued on May 14, 2019, -based Video Surveillance System and Network. Two companies, AM-Tec Total Security, Inc. and CelPlan responded to the request. On August 21, 2019, the Mayor and City Council were presented with maintenance options provided by the two vendors. Rather than continue to maintain the existing surveillance camera system, the Mayor and City Council requested that staff prepare a report presenting additional options to make the system more effective. Discussion City surveillance cameras are intended to serve several purposes. Their presence should act as a crime deterrent to would-be offenders for fear that a criminal act will be captured on camera resulting in police response. They also provide active and passive monitoring capabilities. During active monitoring, a human operator or software analytics monitors the cameras for criminal activity then notifies officers of the incident while capturing and providing valuable information prior to their arrival. Passive monitoring occurs when there is no active resource monitoring the cameras, but instead video data is gathered to be used later in criminal investigations after crimes have been reported. Packet Pg. 1029 Page 1 37 6555 A 2011 Department of Justice study of three large urban cities that implemented public surveillance systems found that cameras can have significant and cost-effective impact on crime. Success was largely based on where the cameras were located, how they were monitored, and how they were integrated into police department activities. Several of the lessons learned in the study have been found to be true based on staff experience with the current camera system. suffer from many flaws that prevent them from serving as an effective crime deterrent or investigative tool. The cameras are not clearly identifiable as police cameras, they are spread throughout the city without enough saturation in any area, and they lack the human resource or software analytics capable to perform active or passive monitoring successfully. Maintenance and additional reoccurring expenses for the camera system have also increased concurrently with the quantity of cameras. Several steps can be taken to optimize the current system to be more effective and cost efficient. Visual Deterrent casual observer that they are being monitored by the police department. The presence of a flashing blue light or signs clearly posted in the surveilled area would inform the -be offenders from criminal activity. Examples of security camera signage and lights are pictured below. Packet Pg. 1030 Page 2 37 6555 Camera Placement integration into law enforcement response. Since the cameras are not actively monitored until a crime is reported, they have remained an idle threat to criminal activity. With each crime committed in front of a camera without a police response, they continue to lose influence in preventing crime. provide. The current layout is ineffective at providing adequate investigative support. The cameras are spread throughout the city in crime impacted areas and parks without focus or supporting coverage from additional cameras. The layout limits the system from capturing valuable information unless it occurs in the focal point of one of the cameras. Additionally, the cameras do not have any type of analytical software to process the data they collect. Investigators must spend valuable resources searching through camera footage in real time, rather than a processed and condensed version produced by analytical software. Saturating an area with cameras would provide more opportunity to collect valuable information and discourage criminal activity. Concentrated coverage would increase the scene will be captured on camera. Investigators would be presented with multiple views of suspects and suspect vehicles for investigative purposes. Camera Integration Most cameras installed throughout the city are pan tilt zoom cameras with 360 degree scanning capabilities. These cameras require either a human operator or analytical software to identify crime and provide notification. The cameras should be placed in locations that immediately lend to crime prevention and provide the best investigative leads. Crime hotspots can be transitory and chasing these hotspots is not a good long term investment. The best surveillance camera integration with the police department Packet Pg. 1031 Page 3 37 6555 will come from selecting communities or service areas the City hopes to impact permanently and saturating those areas with cameras as both a visual and investigative deterrent to crime. An example of the above referenced recommendation would be the downtown area of the San Bernardino. The City is working to develop this area and it is an attraction to businesses, citizens, and visitors. The benefits of reducing crime in the downtown area or other vital locations within the city extend beyond a single community to a larger group of stakeholders. Camera Connectivity Currently there are 40 surveillance cameras that are connected through cellular service links. These cameras are unreliable because the data necessary to transmit their video may be reduced by the service provider during peak data hours without notice. Several of the cameras are also located in city parks and have been disabled by wire theft numerous times. Each camera connected through a cellular link costs approximately $40 a month to maintain service equating to an approximate annual recurring cost of $19,200. Most cameras operating via a cellular link have expired warranties and are no longer supported by the manufacturer. Parts for these cameras are no longer available, and the cameras would require a full replacement to repair any hardware failures. The previous maintenance provider has recommended that the cameras be replaced at a cost of over $700,000 including the maintenance plan. Removing cellular linked cameras would eliminate the recurring cost for cellular service, eliminate the need for replacement/repair costs for those cameras, and would not impact surveillance camera capabilities. Maintenance Plan Options RFP No. F-19-49, was issued on May 14, 2019. CelPlan Technologies Incorporated, of Reston, Virginia, was found to be the lowest compliance bidder to provide camera maintenance. Both companies have agreed to extend their bids an additional 120 days to January 23, 2020. VENDOR NAME COST DESCRIPTION CelPlan - Option 1 $198,000 Comprehensive coverage/Replacement and repair of all equipment. CelPlan - Option 2 $82,746.27 Comprehensive coverage and cameras under warranty/Parts and labor for replacement on cameras not under warranty. CelPlan - Option 3 $711,353.00 Comprehensive coverage and replacement of all hardware older than 3 years (67 cameras). AM-TEC $83,127.50 Comprehensive coverage and cameras Packet Pg. 1032 Page 4 37 6555 under warranty/Parts and labor for replacement on cameras not under warranty. CelPlan Cost to Relocate $1,499 Existing Cameras AM-TEC Cost to Relocate $2,000 Existing Cameras to Am-1.23. Additionally, -Tec. Staff has prior experience working on camera related projects with both CelPlan and Am-st qualified option replacement and repair of all malfunctioning equipment for 28 nodes that are still under warranty. CelPlan will provide partial maintenance and support for the remaining 67 nodes no longer under warranty which will include providing quotes for replacement parts or full camera replacement. Recommendation ion and reducing the number of surveillance cameras in the city as well as relocating cameras to concentrate in the downtown area and select locations. Several cameras will be held in reserve along with two mobile trailer surveillance cameras that can be installed in select locations based on community needs. Additionally, adding signage, lights, and effectively integrating the camera system into law enforcement response would send a strong message and deter any would-be offenders from committing crime in the newly saturated areas. Staff will also pursue the purchase of software-based analytics to reduce the investigative time needed to review video footage and allow investigators the ability to program the cameras to actively search for physical or behavioral descriptors. all remaining cameras for a cost of $82,746.27. They provided a quote to relocate existing cameras at a cost of $1,499. If the number of cameras covered during the contract period is reduced, CelPlan will prorate the cost based on the number of cameras covered in the plan. coverage option is the best selection. The cost to maintain the entire camera system via option two, in a piecemeal approach, is likely to exceed the cost for full coverage maintenance. The police department budgeted $165,000 for the fiscal year 2019/20. An additional $33,000 would be required to purchase full coverage maintenance through CelPlan. Packet Pg. 1033 Page 5 37 6555 The San Bernardino Police Department has budgeted $165,000 for camera maintenance. The department is requesting $165,000 to pay for camera maintenance, of which, $82,746.27 will be used to pay for the limited maintenance plan. The additional $82,253.73 will be budgeted to cover unforeseen repair costs to include repairs outside the scope of the maintenance plan, camera replacement, camera relocation, and additional expenses that may come from recommendations. 2019-20 Goals and Objectives This purchase aligns with Goal No. 2: Provide for the Safety of City Residents and Businesses by utilizing City programs to reduce crime and ensure that neighborhoods and business areas are safe; and Goal No. 5: Improve City Government Operations by evaluating operations and performance through investment in the resources, technology and tools needed to continually improve organizational efficiency and effectiveness. Fiscal Impact The financial impact to the City is $165,000. There is enough funding in the FY 2019/20 Adopted Budget in account 001-210-0062*5167. FINANCIAL IMPACT Account Number Current Next Total Cost Ongoing Fiscal Year Fiscal Year Cost Cost υЊЏЎͲЉЉЉ Љ υЊЏЎͲЉЉЉ Љ Public Safety ЉЉЊΏЋЊЉΏЉЉЏЋΫЎЊЏА υЊЏЎͲЉЉЉ Љ υЊЏЎͲЉЉЉ Љ Systems Software Maintenance Budget Adjustment: No For Fiscal Year: 2019-2020 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-4 authorizing the City Manager to execute a Vendor Service Agreement between the City of San Bernardino and CelPlan Technologies, Inc., and to issue a purchase order in an amount not to exceed $165,000. Attachments Attachment 1 Resolution Attachment 2 RFQ F-19-49 Attachment 3 Vendor Service Agreement Attachment 4 Am-Tec Quote Attachment 5 CelPlan Quote/VSA Exhibit A Ward: All Synopsis of Previous Council Actions: 5/7/12 Resolution 2012-0073 of the Mayor and Common Council authorizing the execution of a vender services agreement with CelPlan Technologies for Packet Pg. 1034 Page 6 37 6555 the purchase of a Downtown Camera Protection Zone System with additional cameras for the San Manuel Area Camera Protection Zone. 12/1/14 Resolution 2014-3583 of the Mayor and Common Council authorizing the execution of a vender services agreement with CelPlan Technologies for the purchase of a five camera expansion to the Downtown Camera Protection Zone System. 12/16/14 Resolution 2014-0420 of the Mayor and Common Council authorizing an increase in the Fiscal Year 2014/2015 budget by $725,000 using un- designated AB109 funds. 4/6/2014 Resolution 2014-3732 of the Mayor and Common Council authorizing substantial amendment #5 to the 2014-2015 action plan for the Federal Community Development Block Grant (CDBG) allocating funding totaling $923,000 to various eligible projects. 4/6/2015 Resolution 2015-3732 Resolution of the Mayor and Common Council approving the 2015-2016 Action Plan for the Federal Community Development Block Grant (CDBG). 5/4/2015 Resolution 2015-3776 of the Mayor and Common Council authorizing the execution of a vender services agreement with CelPlan Technologies for the purchase of twenty camera expansion to the Downtown Camera Protection Zone System. 8/27/2015 Resolution 2015-3986 of the Mayor and Common Council appropriating $223,841 from Available Fund Balance in Fund 243 for Park Construction projects. 12/21/2015 Resolution 2015-4139 of the Mayor and Common Council authorizing the execution of a vender services agreement with CelPlan Technologies for the purchase of a twenty-four camera expansion to the Downtown Camera Protection Zone System and the installation of eight ALPR cameras at various locations. 6/21/2017 Resolution 2017-110A Resolution of the Mayor and Common Council authorizing the execution of a vender services agreement with CelPlan Technologies authorizing the purchase of supplemental enhancements to the existing public safety cameras system expansion project. 8/21/2019 Mayor and City Council requested additional options to make camera systems more affordable and effective. Packet Pg. 1035 Page 7 37.a Resolution No. 2020-4 RESOLUTION NO. 2020-4 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CELPLAN TECHNOLOGIES AND ISSUE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $165,000 WHEREAS, the City has 95 safety cameras requiring regular monitoring and maintenance; and WHEREAS, the City did solicit and accept quotes from available vendors for providing citywide safety cameras maintenance per RFP No. F-19-49; and WHEREAS, on May 28, 2019, CelPlan Technologies Inc., submitted a proposal and was found to be the best option bidder for public bid RFP No. F-19-49 to provide maintenance for the 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 City Manager is hereby authorized to execute a Professional Services City of San Bernardino. SECTION 3. The Director of Finance is hereby authorized to issue a purchase order to CelPlan Technologies Incorporated, of Reston, Virginia, to purchase ongoing annual maintenance and equipment replacement or repair not to exceed $165,000. SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Attachment: PD-Safety Camera Maintenance-Reso (6555 : Citywide Safety Camera Maintenance) 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. Packet Pg. 1036 37.a Resolution No. 2020-4 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney Attachment: PD-Safety Camera Maintenance-Reso (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1037 37.a Resolution No. 2020-4 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. ______________________________ Georgeann Hanna, MMC, City Clerk Attachment: PD-Safety Camera Maintenance-Reso (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1038 37.b REQUEST FOR PROPOSALS FOR RFP F-19-49 CITYWIDE SAFETY CAMERAS SYSTEM MAINTENANCE CITY OF SAN BERNARDINO Released on May 14, 2019 Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 1 Packet Pg. 1039 37.b SECTION I. INSTRUCTIONS TO BIDDERS Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 2 Packet Pg. 1040 37.b I. INSTRUCTIONS TO BIDDERS A. Pre-Bid Conference/Job Walk N/A B. Examination of Bid Documents 1. By submitting a bid, the Bidder represents that it has thoroughly examined and become familiar with the items required under this RFP and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFPs, for an undetermined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFPs and/or response. C. Addenda The City reserves the right to amend this RFP prior to the Proposals due date. All amendments and additional information will be posted to Planetbids found under the San Bernardino Purchasing page, www.sbcity.org > most popular> request for bids; bidders should check this web page daily for new information. D. Submitting Requests a. All questions, clarifications or comments must be submitted via the Planetbids.com website no later than 3:00 p.m (P.S.T) on May 20, 2019. https://www.planetbids.com/portal/portal.cfm?CompanyID=39495 E. City Responses Responses from the City will be posted to the Planet Bids website, Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) https://www.planetbids.com/portal/portal.cfm?CompanyID=39495 by May 22, 2019. 3 Packet Pg. 1041 37.b F.Submission of Proposals Complete written Proposals must be submitted electronically in PDF file format via the Planetbids.com website no later than 3:00 p.m. (P.S.T) on May 28, 2019 please allow time for system to process your bid. Proposals will not be accepted after this deadline. Faxed or e-mailed Proposals will not be accepted. The web site may be accessed here: https://www.planetbids.com/portal/portal.cfm?CompanyID=39495 Acceptance of Bids a. The City reserves the right to accept or reject any and all bids, or any item or part thereof, or to waive any informalities or irregularities in bids. b. The City reserves the right to withdraw this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder responding to this RFP. c. The City reserves the right to postpone the bid due date for its own convenience. G. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder in: 1. preparing its bid in response to this RFP; 2. submitting that bid to City; 3. negotiating with City any matter related to this bid; or 4. any other expenses incurred by the Bidder prior to date of award, if any of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid. Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 4 Packet Pg. 1042 37.b H.Contract Award Issuance of this RFP and receipt of bids does not commit the City to award a Purchase Order. The City reserves the right to postpone bid opening for its own convenience, to accept or reject any or all bids received in response to this RFP, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City also reserves the right to apportion the award among two or more Bidders. I. Acceptance of Order The successful Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids, and the RFP documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. J. Business License with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. K. Local Vendor Preference The City of San Bernardino gives any formal or informal bid submitted by a local bidder a one percent (1%) credit for goods and materials, where labor and/or installation is incidental; and a five percent (5%) credit on Contractual services, for comparison purposes with other bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively. of sale of the goods, materials or services shall be within the limits of the City of San Bernardino. Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 5 Packet Pg. 1043 37.b SECTION II. SCOPE OF SERVICES Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 6 Packet Pg. 1044 37.b 1.BACKGROUND The City of San Bernardino Police Department is a full-service police department providing services to approximately 217,000 residents in 62 square miles. The department employs 244 sworn officers, and 176 civilian employees. The City currently has a digital safety camera system installed throughout the city that observe parks, public roadways, and City owned structures. The safety camera program began in 2010 when the City received grant funding from UASI to install 11 cameras in the Downtown area. The program has since expanded to 95 PTZ cameras city wide. 2. SCOPE OF SERVICE The City is requesting Proposals from qualified firms to provide maintenance to the existing IP-based Video Surveillance System and Network. This includes, but is not limited to, providing camera and network maintenance, to include ongoing monitoring and needed repairs of all equipment, including cameras, servers, storage devices, switches, router, firewalls, and other devices, periodic cleaning and other preventative maintenance on the system that is recommended to ensure reliability and picture quality. Venders should also be capable of providing camera and network extension design if needed (i.e. camera and network equipment, installation, configuration, testing), all associated video surveillance equipment (i.e. servers, storage, cameras, housings, software, network infrastructure, cabling, wiring, point to point and access points) in coordination with citywide video surveillance system and network. The existing system uses digital IP based network cameras. An existing server is in place to store video data and serve files to use. The system operates with Axis for cameras, Genetec OmniCast Camera software and licenses, RADWIN for radios, Dell for servers, and a Cisco SG300-20 managed switch. Workstations use and powered by City owned poles or installed on the roofs of City owned buildings. One camera that is solar powered. The camera models include the following: Axis 5635-EMKII Axis P5534-E Axis Q6032-F Axis P1425-LE Axis P5635-E Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) Axis Q6042-E 7 Packet Pg. 1045 37.b The camer Cell Phone Modems Wireless Radio Links Consolidated Radio Links MPLS Circuits Direct Connection and Licenses to include providing the required hardware, servers, and network devices. Vendors shall provide a proposal describing their annual maintenance plan for the comprehensive all-inclusive proposal, or options for various degrees of service the City may choose from. Maintenance should include, but not be limited to: Remote monitoring and diagnostics of the network to assure overall system health and report and problems detected to the City of San Bernardino Annual field checks on all cameras and lens cleaning Provide a detailed problem reporting and resolution tracking procedure Develop a tiered problem reporting system based on the severity of problems o Level 1: Emergency problems, network outage or server outage. o Level 2: Minor problems that affect only one camera or do not have an immediate impact on operations Develop a standard response time that coincides with the appropriate problem tier o Level 1: Online/remote diagnostic and resolution services within 4 hours of reporting during business hours. If necessary dispatch a field team within 24 hours during business hours. o Level 2: Provide problem acknowledgement within 4 hours (business hours), start online diagnostic and resolution services within 24 hours from problem reporting. If required dispatch field team within 48 hours during business hours. Phone and e-mail technical support On-site corrective services Emergency contact accessibility for immediate critical needs (i.e. help accessing a non-functioning camera after business hours that may have Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) captured critical suspect information in the interest of public safety) 8 Packet Pg. 1046 37.b Vendor must provide all equipment necessary to access and maintain cameras Venders shall provide a separate quote for the cost to relocate any existing crime cameras to similar positions throughout the city. 3. REQUIREMENTS Vendors shall submit a description of similar projects and services provided within erform work of similar scope and size. Detailed descriptions should include the following: 1. projects. 2. A brief description of the type and extent of services performed. 3. Completion dates for referenced projects. Vendors shall be capable of repairing or replaces any hardware or software with comparable or higher quality equipment or software that will continue to be will also be capable of facilitating any future expansion and support of the safety camera system. Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 9 Packet Pg. 1047 37.b FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID Issue or Specification Acceptable / As Specified Issue 01 Materials and Supplies For each item in this technical bid specification package that may be provided by the bidder, the bidder is expected to include all power supplies, mounting hardware and other necessary items to place the cameras in-service, to include documentation. Issue 02 Maintenance Provide detailed description of proposed maintenance plan. Issue 03 Warranty and Onsite Service Identify all warranty periods for equipment associated with this proposal. Identify the period of onsite warranty service provided in your response. Issue 04 Product Fact Sheets Furnish product fact sheets for each camera, mounting kit, and other related equipment that may be supplied by the bidder. Issue 05 Cost Summary Sheets Responses are considered non-complaint and incomplete if vendor fails to complete the enclosed Sub-Project Cost Summary Sheets and the Proposal Cost Summary Sheet with their response. Issue 06 Business License Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) The awarded vendor agrees to obtain a City of San Bernardino Business License prior to undertaking any work under this Agreement. Vendors from within the city limits must currently have a business license. 10 Packet Pg. 1048 37.b Issue 07 Genetec Integrator/Reseller Vendor must be a certified Genetec integrator and/or reseller. Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 11 Packet Pg. 1049 37.b SECTION III. BID CONTENT & PRICE FORM Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 12 Packet Pg. 1050 37.b A.BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; c. acknowledgment of receipt of all RFP addenda, if any; d. name, title, address and telephone number of contact person during period of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the date of submittal; and 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFP, wis or contractual requirements, these should be thoroughly explained. 3. Qualifications, Related Experience and References of Bidder The information requested in this section should describe the qualifications of the firm, key staff and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: a. Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work. Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) b. A summary of your firms demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal. 13 Packet Pg. 1051 37.b c. Provide at least five local references that received similar services from your firm. The City of San Bernardino reserves the right to contact any of the organizations or individuals listed. Information provided shall include: Client Name Project Description Project start and end dates Client project manager name, telephone number, and e-mail address This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder shall: a. provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; b. describe the firm's experience in performing work of a similar nature to that solicited in this RFP: c. provide, as a minimum, three (3) references from current customers of a similar size as the City as related experience; reference shall furnish the name, title, email, address and telephone number of the person(s) and the client organization who is most knowledgeable about the work performed. 4. Appendices Information considered by Bidder to be pertinent to this RFP and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 14 Packet Pg. 1052 37.b B.LICENSING AND CERTIFICATION REQUIREMENTS By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. C. COST AND PRICE FORMS Bidder shall complete the Cost/Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications; and 3) Bidder signature. Bidder shall state cash discounts offered. Unless discount payment terms are discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 15 Packet Pg. 1053 37.b PRICE FORM Provide pricing that is a Firm Fixed Fee. Project Overall Cost Summary FAILURE TO COMPLETE ALL COST SHEETS WILL INVALIDATE BID This overall cost summary contains totals from the categories above. Bidders may provide cost documents inside their proposals; however, these cost summary sheets s grading committee. 1. Total Camera equipment $____________________________ 2. Total Camera mounting equipment $____________________________ 3. Total Software costs $____________________________ 4. Total Labor $____________________________ 5. Total Sales Taxes $____________________________ 6. Total Maintenance/Warranty $____________________________ Grand Total: $ _________________________ 1. If needed, cost to relocate any existing crime cameras to similar positions throughout the city. $ __________________________ Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 16 Packet Pg. 1054 37.b Effective on September 1, 2019 through June 30, 2020, plus three (3) single- year renewal options, at the City Option year one if exercised, shall be effective July 1, 2020 through June 30, 2021. Option year two if exercised, shall be effective July 1, 2021 through June 30, 2022. Option year two if exercised, shall be effective July 1, 2022 through June 30, 2023. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No . Please indicate any elements of the Technical Specifications that cannot be met by your firm. Have you included in your bid all informational items and forms as requested? Yes / No This offer shall remain firm for 120 days from RFP close date. Terms and conditions as set forth in this RFP apply to this bid. Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) Name of Authorized Representative: ________________________________ Signature for price form confirmation : _______________________________ 17 Packet Pg. 1055 37.b Company Name: ________________________________________________ Address: ______________________________________________________ Phone/fax and email: _____________________________________________ Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 18 Packet Pg. 1056 37.b SECTION IV. GENERAL SPECIFICATIONS Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 19 Packet Pg. 1057 37.b 1. Each bid shall be in accordance with Request for Proposal (RFP) Number F-19-49. All specifications are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their bid a complete detailed itemization and explanation for each and every deviation or variation from the RFP specifications and requirements. Conditional bids, or those that take exception to the RFP specifications and requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all bids and to award a contract to the bidder whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices bid. 4. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening thereof. 5. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for bid consideration. 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufac not acceptable. 7. Each bidder shall submit with their bid a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. Eac guarantee coverage and shall submit such written documents evidencing the same attached to the bid. 11. Successful bidder(s) (Contractor) shall furnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) prepaid), and shall include all discounts. Bid shall include California sales tax, where applicable, (effective October 1, 2017) computed at the rate of 8.0%, (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 20 Packet Pg. 1058 37.b 14. specifications shall supply all items adverti are not stipulated in the specifications, unless otherwise clearly accepted in the bid. 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFP specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extremely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each bid shall be submitted and received with the understanding that acceptance by the City of San Bernardino of bid in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the price bid and in complete accordance with all provisions of RFP No. F-19-49. In most cases the basis of award will be the City may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California. 21. One Document. These specifications, the notice inviting bids, RFP F-19-49, the documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all bids. 21 Packet Pg. 1059 37.b 23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten (10) working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 24. Inquiries. All questions, clarifications or comments must be submitted via the Planetbids.com website no later than 3:00 p.m (P.S.T) on May 20, 2019. 25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the pricing forms, and all required forms are completed and included. 26. Time. All bids must be uploaded before 3:00 PM, PST, May 28, 2019 allow time for system to process your bid on time. Where at such time bids will be opened to the public. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid received after that time and date specified will be rejected. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment bid. 29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without of this agreement, except that such duty to indemnify, defend and hold harmless shall not negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability compensation coverage, and shall prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially altered. 32. FAITHFUL PERFORMANCE BOND/BID BOND. The Contractor will be required to furnish a certified check or faithful performance bond / bid bond made payable to the Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) City of San Bernardino in an amount equal to 100% / 10% of the bid price to insure the approval of the City of San Bernardino, bonds shall be in accordance with Ordinance No. 22 Packet Pg. 1060 37.b 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFP. 34. City may, at its discretion, exercise option year renewals for up to three (3) years, in one- year increments. 35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non- responsive and may be rejected. 36. Once the award has been made and prior t Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. 37. Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed vendor/Consultant service agreement may be required between both parties prior to commencement of the job. Attachment: PD-Safety Camera Maintenance - RFQ F-19-49 (6555 : Citywide Safety Camera Maintenance) 23 Packet Pg. 1061 37.c PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CELPLAN TECHNOLOGIES, INC. th This Agreement is made and entered into as of January 15, 2020, 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 CelPlan Technologies Incorporated, with its th principal place of business at 1920 Association Dr. 4 Floor, Reston, VA 20191 (hereinafter hereinafter sometimes referred to individually the RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: CITYWIDE SAFETY CAMERAS SYSTEM MAINTENANCE (hereinafter referred to as 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. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 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 aA, 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 thi 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 Attachment: PD-Safety Camera Maintenance-Vendor Service Agreement (6555 : Citywide Safety Camera Maintenance) accordance with the Schedule of Charges set forth in Exhibit A b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $165,000. This amount is to cover all related costs, and 1 Packet Pg. 1062 37.c the City will not pay any additional fees for printing expenses. Consultant may submit invoices services which y- 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 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. 6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Ex previously terminated as provided for herein . 7. Maintenance of Records; Audits. a. 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 control of the non-performing Party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Attachment: PD-Safety Camera Maintenance-Vendor Service Agreement (6555 : Citywide Safety Camera Maintenance) b. Should such circumstances 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. 2 Packet Pg. 1063 37.c 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. 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. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City 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. 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 Attachment: PD-Safety Camera Maintenance-Vendor Service Agreement (6555 : Citywide Safety Camera Maintenance) 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 3 Packet Pg. 1064 37.c The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as ad of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. Attachment: PD-Safety Camera Maintenance-Vendor Service Agreement (6555 : Citywide Safety Camera Maintenance) c. Automobile Liability 4 Packet Pg. 1065 37.c (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. (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 -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 indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the 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 designated in the policy must specifically include work performed under this Agreement. The duty to defend. Attachment: PD-Safety Camera Maintenance-Vendor Service Agreement (6555 : Citywide Safety Camera Maintenance) f. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: 5 Packet Pg. 1066 37.c Combined Single Limit Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (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. g. 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 - 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. h. 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 insurance, self-insurance or other coverage maintained by the City or any named insureds shall Attachment: PD-Safety Camera Maintenance-Vendor Service Agreement (6555 : Citywide Safety Camera Maintenance) not be called upon to contribute to any loss. 6 Packet Pg. 1067 37.c (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 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. i. 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. j. 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 Attachment: PD-Safety Camera Maintenance-Vendor Service Agreement (6555 : Citywide Safety Camera Maintenance) 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. 7 Packet Pg. 1068 37.c (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. k. 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, (collective) 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 perfo, or this Agreement, including fees and other related costs and expenses. Notwithstanding the foregoing, to the extent limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 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. b. Additional Indemnity Obligations. Consultant shall defend, with counsel this section that may be brought or instituted against the City, its elected and appointed officials, employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the Attachment: PD-Safety Camera Maintenance-Vendor Service Agreement (6555 : Citywide Safety Camera Maintenance) s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultans obligation to indemnify shall not be restricted to 8 Packet Pg. 1069 37.c insurance proceeds, if any, received by the City, its elected and appointed officials, employees, agents, or authorized volunteers. 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 Services are being performed as part of an applicable 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 subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the Servic 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 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 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 Attachment: PD-Safety Camera Maintenance-Vendor Service Agreement (6555 : Citywide Safety Camera Maintenance) 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 9 Packet Pg. 1070 37.c 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 substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. . 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 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 in 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 Agreement at no additional cost to City. In the event that an error or omission attributable to 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 hereunder except as expressly provided herein. 26. Documents 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 a 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, Attachment: PD-Safety Camera Maintenance-Vendor Service Agreement (6555 : Citywide Safety Camera Maintenance) certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: CONSULTANT: 10 Packet Pg. 1071 37.c City of San Bernardino CelPlan Technologies Inc. th Vanir Tower, 290 North D Street 1920 Association Dr. 4 Floor San Bernardino, CA 92401 Reston, VA 20191 Attn: Teri Ledoux, City Manager Attn: Oscar R. Miranda With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney 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 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 Attachment: PD-Safety Camera Maintenance-Vendor Service Agreement (6555 : Citywide Safety Camera Maintenance) 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 11 Packet Pg. 1072 37.c 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 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 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. \[SIGNATURES ON FOLLOWING PAGE\] Attachment: PD-Safety Camera Maintenance-Vendor Service Agreement (6555 : Citywide Safety Camera Maintenance) 12 Packet Pg. 1073 37.c SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CELPLAN TECHNOLOGIES IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO CONSULTANT Approved By: Signature Teri Ledoux City Manager Name Approved as to Form: Title Gary D. Saenz City Attorney Attested By: Georgeann Hanna, MMC City Clerk Attachment: PD-Safety Camera Maintenance-Vendor Service Agreement (6555 : Citywide Safety Camera Maintenance) 13 Packet Pg. 1074 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1075 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1076 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1077 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1078 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1079 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1080 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1081 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1082 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1083 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1084 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1085 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1086 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1087 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1088 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1089 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1090 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1091 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1092 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1093 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1094 37.d Attachment: PD- Safety Camera Maintenance - Am Tec Quote (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1095 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1096 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1097 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1098 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1099 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1100 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1101 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1102 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1103 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1104 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1105 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1106 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1107 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1108 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1109 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1110 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1111 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1112 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1113 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1114 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1115 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1116 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1117 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1118 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1119 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1120 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1121 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1122 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1123 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1124 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1125 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1126 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1127 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1128 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1129 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1130 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1131 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1132 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1133 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1134 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1135 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1136 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1137 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1138 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1139 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1140 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1141 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1142 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1143 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1144 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1145 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1146 37.e Pricing 8.2 Proposal Price Forms: CelPlan Option 2 Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) If needed, remote and/or field services might be required and are charged as per the hourly rates listed below: - Field Technician (with bucket truck): $ 135 - Field Technician (without bucket truck): $ 95 CelPlan Technologies, Inc., 1920 Association Dr., Reston, VA 20191 Page 8-7 - Surveillance Engineer: $ 195 - Sr Surveillance Engineer: $ 260 - Director: US$ 325 Packet Pg. 1147 37.e Pricing Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) CelPlan Technologies, Inc., 1920 Association Dr., Reston, VA 20191 Page 8-8 Packet Pg. 1148 37.e Pricing 8.2.1 Notes on Prices for Option 2 1) Validity: Validity of proposal is 290 days from the due date of this proposal. 2) Proposal pricing is based on CelPlan standard payment terms (30-day net) as follows: CelPlan proposes the following payment for each Phase of the project: Re-Design/Delivery of Work Plan 35% Shipment of Equipment 25% Installation & Configuration 25% Training 5% User Acceptance & Documentation 10% 3) Option 2 is a special maintenance plan created for SBPD as a low-cost alternative. The plan offered at the above price in option 2 is a hybrid of the following: a ) Maintenance (end to end service that includes troubleshooting, labor, parts and equipment needed to keep the system operational. Maintenance excludes, natural disasters, accidents, theft, inflicted damages, lightning elow in color green.. b) Partial Maintenance plan. Please refer above to the description for the elements included in the plan. For the partial maintenance and support plan, parts and labor for replacement/repair of malfunctioning equipment is charged on a time and materials basis. 4) Statement of work and assumptions as stated throughout this proposal are applicable to this offer; any changes to the assumptions may impact the price/offer accordingly. 5) The entire system includes warranty and maintenance as requested for first year. 6) IMPORTANT NOTE: The maintenance and support terms, including proposed price assume that CelPlan will have remote access to troubleshoot of all the systems. This is an obligatory requirement. 7) CelPlan will not take any responsibility for damage due to misuse, mishandling, accidents, purposely inflicted damage, vandalism, natural disaster, etc., from time of delivery to Customer site, regardless of system acceptance. The Customer will be responsible for cost or provisioning of appropriate insurance or repair/replacement costs. We will charge the Customer for the repair and/or replacement components, and associated services. Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) CelPlan Technologies, Inc., 1920 Association Dr., Reston, VA 20191 Page 8-9 Packet Pg. 1149 37.e Pricing Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) CelPlan Technologies, Inc., 1920 Association Dr., Reston, VA 20191 Page 8-10 Packet Pg. 1150 37.e Pricing Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) CelPlan Technologies, Inc., 1920 Association Dr., Reston, VA 20191 Page 8-11 Packet Pg. 1151 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1152 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1153 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1154 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1155 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1156 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1157 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1158 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1159 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1160 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1161 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1162 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1163 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1164 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1165 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1166 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1167 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1168 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1169 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1170 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1171 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1172 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1173 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1174 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1175 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1176 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1177 37.e Attachment: PD-Safety Camera Maintenance-CelPlan-Exhibit A \[Revision 1\] (6555 : Citywide Safety Camera Maintenance) Packet Pg. 1178 38 Consent Calendar City of San Bernardino Request for Council Action Date: January 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager Subject: Fee Waiver Requests for the Martin Luther King Parade on January 20, 2020 Recommendation Approve a fee waiver request from Youth Power Community Solutions and Youth Build IE for the Martin Luther King Parade Event on January 20, 2020 and authorize an appropriation totaling $3,000 from Fund 247-1001-002 (Cultural Development Fee) for Public Works- Street Maintenance overtime costs to provide assistance for event. Background The 2020 MLK Parade planning committee, Youth Power Community Solutions and Youth Build IE, requested that the fees associated with City services for the Martin Luther King parade be waived. Discussion The parade route will start at Arroyo Valley High School to the west and continue east to Gomez Elementary School, which is approximately 1 mile. The parade is expected to start at 9:00 a.m. and end at 11:00 a.m., where a Martin Luther King Expo will be taking place. City services for the parade include: 1. Police Department - Five traffic unit officers will assist by providing general public safety, fixed post, and traffic deployment along the route and three District Resource Officers will be present for the duration of the event. No additional costs for the police service department will be incurred as the officers will be on straight time for a limited time period. 2. Public Works - The estimated cost for services provided by the Public Works Department is $3,000. The department will provide the following: Stage barricades one day prior to the event Set-up and break-down cones, barricades, and signage the day of the event Pickup cones, barricades, and signage following the event Provide 4hrs of traffic plan drafting Provide 6hrs of traffic control placement oversight Packet Pg. 1179 Page 1 38 6580 2019-20 Goals and Objectives The request to waive fees associated with the MLK Parade aligns with Goal No. 7: Pursue City Goals and Objective by Working with Other Agencies. Fiscal Impact The total estimated Fiscal Impact is $3,000 and is not included in the FY 2019-20 adopted budget. Should the fee waiver request be approved, staff is recommending an appropriation from the Cultural Development Fund Balance (Fund 247) to the Public Works Department - Street Maintenance overtime line item (account 247-400- 0088*5015). Conclusion Approve a fee waiver request from Youth Power Community Solutions and Youth Build IE for the Martin Luther King Parade Event on January 20, 2020 and authorize an appropriation from the Cultural Development Fund Balance (Fund 247) to the Public Works Department - Street Maintenance overtime line item (account 247-400- 0088*5015). Attachments Attachment 1 Special Event Permit Application/Certificate of Liability Insurance Ward: All Synopsis of Previous Council Actions Packet Pg. 1180 Page 2 38.a Attachment: CM.MLK Day parade and event.Attach 1 (6580 : Fee Waiver Requests for the Martin Luther King Parade on January 20, 2020) Packet Pg. 1181 38.a Attachment: CM.MLK Day parade and event.Attach 1 (6580 : Fee Waiver Requests for the Martin Luther King Parade on January 20, 2020) Packet Pg. 1182 38.a Attachment: CM.MLK Day parade and event.Attach 1 (6580 : Fee Waiver Requests for the Martin Luther King Parade on January 20, 2020) Packet Pg. 1183 38.a Attachment: CM.MLK Day parade and event.Attach 1 (6580 : Fee Waiver Requests for the Martin Luther King Parade on January 20, 2020) Packet Pg. 1184 38.a Attachment: CM.MLK Day parade and event.Attach 1 (6580 : Fee Waiver Requests for the Martin Luther King Parade on January 20, 2020) Packet Pg. 1185 38.a Attachment: CM.MLK Day parade and event.Attach 1 (6580 : Fee Waiver Requests for the Martin Luther King Parade on January 20, 2020) Packet Pg. 1186 38.a Attachment: CM.MLK Day parade and event.Attach 1 (6580 : Fee Waiver Requests for the Martin Luther King Parade on January 20, 2020) Packet Pg. 1187