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MCC Agenda Packet 04-17-2024
Mayor and City Council of the City of San Bernardino Page 1 CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, APRIL 17, 2024 4:00 PM - CLOSED SESSION 5:00 PM - OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG COUNCIL MEMBER ALEXANDER WILL PARTICIPATE REMOTELY FROM THE FOLLOWING LOCATION: HYATT REGENCY SACRAMENTO 1209 L STREET SACRAMENTO, CA 95814 Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Charles A. Montoya COUNCIL MEMBER, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha MAYOR PRO TEM, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS, OR CLICK ON THE FOLLOWING LINK: TINYURL.COM/MCCPUBLICCOMMENTS PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 384-5002 TWO WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR REASONABLE ACCOMMODATIONS To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents. Mayor and City Council of the City of San Bernardino Page 2 CALL TO ORDER Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Mayor Pro Tem, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly Calvin Council Member, Ward 7 Damon L. Alexander Mayor Helen Tran City Manager Charles A. Montoya City Attorney Sonia Carvalho City Clerk Genoveva Rocha 4:00 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION A)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION p.13 (Pursuant to Government Code Section 54956.9(a) and (d)(1): i.Henry Perez v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2225127 ii.Jackie Aboud v. John Valdivia, San Bernardino Superior Court Case No. CIVDS2013562 iii.Karen Cervantes v. John Valdivia, San Bernardino Superior Court Case No. CIVDS2012538 iv.Mirna Cisneros v. John Valdivia, San Bernardino Superior Court Case No. CIVDS2012926 v.Brian Pellis, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB22267331 vi.Arnold Mathias v. City of San Bernardino, Workers’ Compensation Case Nos. ADJ13324852, ADJ11173952, ADJ10646820, and ADJ8614146 5:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT APPOINTMENTS 1.Downtown Advisory Committee Appointment of Casey A. Dailey (Ward 1) p.14 2.General Plan Advisory Committee Appointment of Casey A. Dailey (Ward 1) p.29 3.Measure S Citizens Oversight Committee Appointment of Casey A. Dailey (Ward 1) p.39 4.Planning Commission Appointment of Casey A. Dailey (Ward 1) p.48 Mayor and City Council of the City of San Bernardino Page 3 PRESENTATIONS 5.April 2024 Citizen(s) of the Month Darnetta Smith, Claudia Cuevas, Vee Galvez Tellez, Spirit of Texas BBQ, Janice Robinson, and Ben Gutierrez p.57 6.Proclamation for Child Abuse Prevention Month in the City of San Bernardino – April 2024 (All Wards) p.64 7.Proclamation of National Therapy Animal Day in the City of San Bernardino – April 30, 2024 (All Wards) p.66 CITY MANAGER UPDATE PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA PUBLIC HEARING 8.Proposed Substantial Amendment to Fiscal Years 2023-2024 and 2020-2021 Annual Action Plan Associated with Community Development Block Grant and Community Development Block Grant (All Wards) p.68 Recommendation: It is recommended that the Mayor and City Council of The City of San Bernardino, California: 1.Conduct a Public Hearing to obtain citizens’ comments on the proposed Substantial Amendments to 2023-2024 and 2020-2021 Annual Action Plans for the Community Development Block Grant; and 2.Approve the Substantial Amendments to Fiscal Year 2023-2024 and 2020-2021 Annual Action Plans for the Community Development Block Grant; and 3.Adopt Resolution 2024-075, approving the draft Substantial amendment to the housing and urban development fiscal year 2023-2024 and 2020-2021 Community development block grant annual action plan; and 4.Authorize the Director of Finance and Management Services to adjust the Fiscal Year 2023-2024 Budget Appropriation pursuant to the Substantial Amendment 20232024 and 20202021 Action Plans; and 5.Authorize The City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the submittal of the Proposed Substantial Amendments to Fiscal Year 2023-2024 and 2020-2021 Annual Action Plans. Mayor and City Council of the City of San Bernardino Page 4 9.Conduct a Public Hearing and Introduce Ordinance No. MC-1636: Development Code Amendment 24-02 (Emergency Shelter Overlay) p.508 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1636 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-02 amending the following Sections and table: (i)Section 19.02.50 (Basic Provisions - Definitions) (ii)Section 19.06.020; (iii) Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses); (iv) Section 19.08.020; (v) Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses); and (vi) Chapter 19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Emergency Shelters in compliance with state law; and finding that Development Code Amendment 24-02 is exempt from review under the California Environmental Quality Act; and 2.Conduct the Public Hearing; and 3.Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on May 1st, 2024. DISCUSSION 10.Discuss and Provide Direction on Whether to Pursue Censure of Council Member Kimberly Calvin p.545 Recommendation: It is recommended that the Mayor and City Council, of the City of San Bernardino, California, discuss 1) whether to and the process for adopting a Resolution of Censure concerning Council Member Kimberly Calvin’s alleged misconduct involving violations of policy, law and fiduciary duty; 2) whether to engage outside legal counsel and provide direction to staff and whether to appoint an ad hoc committee to schedule a hearing and consideration of final Resolution of Censure. 11.Adopt an Urgency Ordinance Restricting Truck Traffic on Certain Roadway Segments Within the City Limits. p.548 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Urgency Ordinance No. MC-1635, amending Section 10.24.190 of the City of San Bernardino Municipal Code to restrict Commercial Vehicles with a gross vehicle weight rating exceeding 30,000 pounds on certain segments of City roads, specifically University Parkway (State Street) from the eastern off ramp of Interstate 210 to Baseline Road; and Pepper Avenue from Ninth Street to Randall Avenue. 12.City Manager’s Preliminary Proposed Biennial FY 2024/25 and FY 2025/26 Operating and Capital Budget p.563 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the City Manager’s proposed budget presentation for the FY 2024/25 and FY 2025/26 Operating and Capital Budget. Mayor and City Council of the City of San Bernardino Page 5 13.Review and Consider Positions Recommended by Members of the Council During the Mid-Year Budget Review, and Additional Positions Recommended by the City Manager p.624 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-066 of the Mayor and City Council of San Bernardino, review, and consider the additional positions proposed at the Mid-Year Budget review and 1.Add the eight (8) positions as proposed by the Mayor and City Council and outlined in this staff report; and 2.Add the additional twelve (12) positions proposed by the City Manager as outlined in this staff report. CONSENT CALENDAR 14.Authorize and Appropriate Funding for Animal Services for the preparation of the Regional Partnership Agreements p.633 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024067; 1.Authorizing the Director of Finance & Management Services to approve the allocation of $4,000,000. from the General Fund and to appropriate the funds to make the necessary upgrades to the Animal Services facility; and 2.Authorizing the Director of Finance & Management Services to amend the Fiscal Year 2023-2027 Capital Improvement Project Program to add the Animal Services Regional Partnership Facility Improvement Project. 15.Response to Grand Jury Report p.645 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the response to the County of San Bernardino Civil Grand Jury Report, titled “Who Let the Dogs Out? A Tail in Two Cities”, released in December 2023. 16.Certifying Results of the Primary Municipal Election held on March 5, 2024 p.679 Recommendation: Adopt Resolution No. 2024-077 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the Primary Municipal Election held on March 5, 2024, certifying the election results and such other matters as provided by law. 17.Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 45, Tax Zone No. 45 (GWS #8) (Ward 3) p.689 Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-070 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 45); and authorizing the levy of a special taxes therein. Mayor and City Council of the City of San Bernardino Page 6 18.Adoption of Ordinance No. MC-1634 (Annexation 37) (Ward 3) p.731 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1634 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). 19.Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 44, Tax Zone No. 44 (Everhome Suites) (Ward 3) p.741 Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-069 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area proposed (Annexation No. 44) and authorizing the levy of special taxes therein. 20.Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 43, Tax Zone No. 43 (Quick Quack 5th and G) (Ward 1) p.782 Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-068 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area proposed (Annexation No. 43); and authorizing the levy of special taxes therein. 21.Approval of Commercial and Payroll Disbursements (All Wards) p.823 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for March 2024. 22.Designation of the City of San Bernardino Authorized Agents for the State of California Governor’s Office of Emergency Services (CalOES) p.909 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-071, designating that the following positions are authorized to execute for and on behalf of the City of San Bernardino, a public entity established under the laws of the State of California, the grant applications for CalOES. 1.The Deputy City Manager, or 2.The Director of Finance and Management Services, or 3.The Deputy Director of Finance, or 4.The Grants Division Manager, or 5.The Chief of Police Mayor and City Council of the City of San Bernardino Page 7 23.Side Letter Agreement with San Bernardino Police Management Association Regarding 401 (a) Plan Contributions p.916 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-072, authorizing the City Manager to execute a side letter agreement with the San Bernardino Police Management Association regarding 401 (a) plan contributions and other language updates. 24.Adopt Resolution Approving Job Classifications and Amending the City-wide Salary Schedule p.928 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-073: 1.Amending the Administrative Analyst classification job series; 2.Establishing the Land Development Engineer job classification; 3.Amending the City-Wide Salary Schedule for full time, part-time, temporary, and seasonal positions 25.Award of Construction Agreement for Police Department HVAC Control System and Valve Replacement (Ward 1) p.945 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-074: 1.Approve the award of an Agreement with Western Allied Corporation in the amount of $325,550 for Police Department HVAC Control System and Valve Replacement (Project); 2.Authorize the project construction and construction contingencies costs in the total amount of $ $358,105 for construction of the Project; 3.Authorize the City Manager or designee to execute all documents with Western Allied Corporation; 4.Authorize the Director of Finance and Management Services to amend the FY 2023/24 CIP budget with an additional $15,000 from the Law Enforcement Facilities Fund balance to bring the total project budget to $365,000; and 5.Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 26.Approve Contract Amendment No.4 with Kabbara Engineering for the Pepper Avenue Rehabilitation Project (Wards 3, 6) p.1001 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 4 to the Professional Services Agreement with Kabbara Engineering in the amount of $10,000, for additional construction engineering support services, for a total contract amount of $265,531 for Pepper Avenue Rehabilitation Project. 27.Purchase of Police Vehicles (All Wards) p.1024 Recommendation: It is recommended the Mayor and City Council of the City of San Bernardino, California, authorize: 1.The City Manager to execute a Goods Purchase Agreement with Fairview Ford for the purchase of Police Vehicles, and 2.The Director of Finance and Management Services to issue a purchase order to Fairview Ford Sales, not to exceed $810,000. Mayor and City Council of the City of San Bernardino Page 8 28.Acceptance of Fiscal Year 2022 Emergency Management Performance Grant (All Wards) p.1108 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-076, authorizing: 1.The acceptance of the Fiscal Year 2022 Emergency Management Performance Grant; and 2.The amendment of the Fiscal Year 2023/2024 Adopted Budget in both revenue and expenditures by $40,866. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on May 01, 2024 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Mayor and City Council of the City of San Bernardino Page 9 CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the April 17, 2024, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, April 12, 2024. I declare under the penalty of perjury that the foregoing is true and correct. Mayor and City Council of the City of San Bernardino Page 10 NOTICE: Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments. In accordance with Resolution No. 2018-89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony: Public Comments and Testimony: Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below. Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council. Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address. Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking. Rule 5. Time Limits: 5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council. 5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing. Mayor and City Council of the City of San Bernardino Page 11 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three-minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. 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 ALTERNATE MEETING VIEWING METHOD: You may view the meeting from the following location (TV3) if there are any technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning. https://reflect-sanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 2:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909-384-5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut-off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments 2 0 3 1 CLOSED SESSION City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Sonia Carvalho, City Attorney; Charles A. Montoya, City Manager Department:City Attorney Subject:Closed Session Recommendation: A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i)Henry Perez v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2225127 ii)Jackie Aboud v. John Valdivia, San Bernardino Superior Court Case No. CIVDS2013562 iii)Karen Cervantes v. John Valdivia, San Bernardino Superior Court Case No. CIVDS2012538 iv)Mirna Cisneros v. John Valdivia, San Bernardino Superior Court Case No. CIVDS2012926 v)Brian Pellis, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB22267331 vi)Arnold Mathias v. City of San Bernardino, Workers’ Compensation Case Nos. ADJ13324852, ADJ11173952, ADJ10646820, and ADJ8614146 . Packet Page. 13 APPOINTMENTS City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Theodore Sanchez, Council Member, 1st Ward Department:Council Office Subject:Downtown Advisory Committee Appointment of Casey A. Dailey (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Casey A. Dailey to the Downtown Advisory Committee representing Ward 1 with the term ending December 2026. Casey A. Dailey will replace Paul Guererro. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Casey A. Dailey to the Downtown Advisory Committee. Background The Downtown Advisory Committee was established by Resolution No. 2021-88 on February 17, 2021. On April 7, 2021, Ordinance MC-1552 was adopted allowing non- city residents who have other ties to the city to be appointed to a Downtown Advisory Committee. Each member of such board, commission, or citizen advisory committee, after having been nominated, shall be appointed by at least five affirmative votes of the Mayor and City Council. Each member shall be and remain a registered voter within the City and no member shall be an employee of the city. Notwithstanding, the foregoing, the Mayor and City Council may establish the Downtown Advisory Committee by resolution and may permit the appointment of non-city resident business professionals (i.e., local businesses) to the committee so long as the non-city residents each have an active business license with the city and collectively make up less than twenty-five percent (25%) of that committee. Members shall serve, without compensation, at the pleasure of the Mayor and City Council. Any member no longer holding the qualifications required for appointment shall cease to serve as a member, Packet Page. 14 and such a member’s position shall be deemed vacant. Any vacancies shall be filled, and appointments shall be made in the manner herein before set forth as for an original appointment. Discussion The Downtown Advisory Committee (DAC) is an advisory committee established by the Mayor and Council to advise city staff, participating in public outreach and community forums, and making recommendations to the Planning Commission and the Mayor and City Council on various components of the overall project. Meetings of the DAC will be open and public in accordance with the Brown Act. The DAC is comprised of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021-88, the Mayor shall appoint two (2) members and each City Council Member shall nominate one (1) member. In accordance with the City Charter and the city’s Municipal Code, appointees must be either a resident of the City of San Bernardino, or a non-resident business or property owner. Appointees should be able to clearly articulate the community perspective and/or the area of the city in which they live or conduct business. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Casey A. Dailey to the Downtown Advisory Committee representing Ward 1 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the city. Attachments 1. Attachment 1 – Committee Application Casey Dailey (REDACTED) 2. Attachment 2 – Resolution No. 2021-88 3. Attachment 3 – Ordinance MC-1552 Ward: First Ward; All Wards Synopsis of Previous Council Actions: February 17, 2021 Resolution 2021-88 establishing the Downtown Advisory Committee was adopted. April 7, 2021 Ordinance MC-1552 was adopted allowing non-city Packet Page. 15 residents who have other ties to the city to be appointed to a Downtown Advisory Committee. Packet Page. 16 Packet Page. 17 Packet Page. 18 Packet Page. 19 Packet Page. 20 Packet Page. 21 Packet Page. 22 Packet Page. 23 Packet Page. 24 Packet Page. 25 Packet Page. 26 Packet Page. 27 Packet Page. 28 APPOINTMENTS City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Theodore Sanchez, Council Member, 1st Ward Department:Council Office Subject:General Plan Advisory Committee Appointment of Casey A. Dailey (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Casey A. Dailey as a voting member to the General Plan Advisory Committee representing Ward 1 with the term ending December 2026. Casey A. Dailey will replace Paul Guererro. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Casey A. Dailey to the General Plan Advisory Committee representing Ward 1 as a Voting Member. Background The General Plan Advisory Committee was established by Resolution No. 2021-102 on January 20, 2021. Resolution No. 2021-02 was repealed on June 16, 2021 and replaced with Resolution 2021-154. Discussion The General Plan Advisory Committee serves as an important component of the public participation program providing one of the primary communication channels for the community making recommendations to the Planning Commission and the Mayor and City Council. Meetings of the GPAC will be open and public in accordance with the Brown Act. The General Plan Advisory Committee (GPAC) is comprised of a total of 16 members. Each City Council Member will appoint two (2) members. One appointment will be a voting member and the other will be an alternate for each of the Council Packet Page. 29 Wards. The Mayor will appoint two (2) at large representatives with one serving as a voting member and one serving as an alternative member. Appointees shall be residents of the City of San Bernardino. The perspective individuals should be able to clearly articulate the community perspective and/or the area of the city in which they live. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Casey A. Dailey as a voting member to the General Plan Advisory Committee representing Ward 1 with the term ending December 2026. Casey A. Dailey will replace Paul Guererro. Council Staff has verified that appointee is a registered voter within the city. Attachments Attachment 1 – Committee Application Casey Dailey (REDACTED) Attachment 2 – Resolution No. 2021-154 Ward: First Ward, All Wards Synopsis of Previous Council Actions: January 20, 2021 Resolution 2021-02 establishing the General Plan Advisory Committee was adopted. June 16, 2021 Resolution 2021-02 was repealed and replaced with Resolution No. 2021-154 changing the number of members for the General Plan Advisory Committee identifying voting appointees. Packet Page. 30 Packet Page. 31 Packet Page. 32 Packet Page. 33 Packet Page. 34 Packet Page. 35 Packet Page. 36 Packet Page. 37 Packet Page. 38 APPOINTMENTS City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Theodore Sanchez, Council Member, 1st Ward Department:Council Office Subject:Measure S Citizens Oversight Committee Appointment of Casey A. Dailey (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Casey A. Dailey to the Measure S Citizens Oversight Committee representing Ward 1 with the term ending December 2026. Casey A. Dailey will replace Venus L. Williams. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Casey A. Dailey to the Measure S Citizens Oversight Committee representing Ward 1 with the term ending December 2026. Background The Measure S Citizens Oversight Committee was established by Resolution No. 2020-248 on October 7, 2020, replacing Measure Z Citizens Oversight Committee. Discussion The Measure S Citizens Oversight Committee is charged with reviewing and reporting on the spending plan for the one percent general district sales tax generated under Measure S passed by voters on November 3, 2020, and verifying that the proposed expenditures are in accordance with the Measure S ballot language and the Mayor and City Council’s adopted strategic goals and priorities. The Measure S Citizens Oversight Committee is also charged with reviewing and reporting annually on the results of the annual audit of the Measure S revenues and expenditures completed by an independent certified public accounting firm. Packet Page. 39 The Measure S Citizens Oversight Committee is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one (1) member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two (2) members who shall serve during and for the term of the Mayor. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Casey A. Dailey to the Measure S Citizens Oversight Committee representing Ward 1 with the term ending December 2026. Casey A. Dailey will replace Venus L. Williams. Council Staff has verified that appointee is a registered voter within the city. Attachments 1. Attachment 1 – Committee Application Casey Dailey (REDACTED) 2. Attachment 2 – Resolution No. 2020-248 Ward: Ward 1; All Wards Synopsis of Previous Council Actions: October 7, 2020 Resolution No. 2020-248 establishing the Measure S Citizens Oversight Committee was adopted. Packet Page. 40 Packet Page. 41 Packet Page. 42 Packet Page. 43 Packet Page. 44 Packet Page. 45 Packet Page. 46 Packet Page. 47 APPOINTMENTS City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Theodore Sanchez, Council Member, 1st Ward Department:Council Office Subject:Planning Commission Appointment of Casey A. Dailey (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Casey A. Dailey to the Planning Commission representing Ward 1 with the term ending December 2026. Casey A. Dailey will replace Monique Y. Guerrero. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Casey A. Dailey to the Planning Commission representing Ward 1 with the term ending December 2026. Background The Planning Commission was established under Municipal Code Chapter 2.22, Ordinance No. MC-1473, and is tasked with advising the Mayor, City Council and city staff on the physical development of the city, including zoning, building, land use and related matters. Discussion The Planning Commission is composed of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one (1) member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two (2) members who shall serve during and for the term of the Mayor. Packet Page. 48 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Casey A. Dailey to the Planning Commission representing Ward 1 with the term ending December 2026. Casey A. Dailey will replace Monique Y. Guerrero. Council Staff has verified that appointee is a registered voter within the city. Attachments Attachment 1 – Committee Application Casey Dailey (REDACTED) Attachment 2 – Ordinance No. MC-1473 Ward: First Ward; All Wards Synopsis of Previous Council Actions: March 7, 2018 Ordinance No. MC-1473 amending Chapter 2.22 of the San Bernardino Municipal Code related to the Planning Commission was established. Packet Page. 49 Packet Page. 50 Packet Page. 51 Packet Page. 52 Packet Page. 53 Packet Page. 54 Packet Page. 55 Packet Page. 56 PRESENTATIONS City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Kimberly Calvin, Council Member, 6th Ward Department:Council Office Subject:April 2024 Citizen(s) of the Month Darnetta Smith, Claudia Cuevas, Vee Galvez Tellez, Spirit of Texas BBQ, Janice Robinson, and Ben Gutierrez Attachments 1. Attachment 1 - Citizen of the Month - Darnetta Smith - Ward 6 April 2024 2. Attachment 2 - Citizen of the Month - Claudia Cuevas - Ward 6 April 2024 3. Attachment 3 - Citizen of the Month - Vee Galvez Tellez - Ward 6 April 2024 4. Attachment 4 - Citizen of the Month - Spirit of Texas - Ward 6 April 2024 5. Attachment 5 - Citizen of the Month - Janice Robinson - Ward 6 April 2024 6. Attachment 6 - Citizen of the Month - Ben Gutierrez - Ward 6 April 2024 Packet Page. 57 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING DARNETTADARNETTA SMITHSMITH APRILAPRIL 20242024 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 17th day of April 2024 Packet Page. 58 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING CLAUDIACLAUDIA CUEVASCUEVAS APRILAPRIL 20242024 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 17th day of April 2024 Packet Page. 59 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING VEEVEE GALVEZGALVEZ TELLEZTELLEZ APRILAPRIL 20242024 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 17th day of April 2024 Packet Page. 60 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING SPIRITSPIRIT OFOF TEXASTEXAS BBQBBQ APRILAPRIL 20242024 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 17th day of April 2024 Packet Page. 61 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING JANICEJANICE ROBINSONROBINSON APRILAPRIL 20242024 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 17th day of April 2024 Packet Page. 62 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING BENBEN GUTIERREZGUTIERREZ APRILAPRIL 20242024 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 17th day of April 2024 Packet Page. 63 PRESENTATIONS City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Proclamation for Child Abuse Prevention Month in the City of San Bernardino – April 2024 (All Wards) Packet Page. 64 PROCLAMATION OF THE MAYOR & CITY COUNCIL PROCLAIMING APRIL 2024, AS CHILD ABUSE PREVENTION MONTH IN THE CITY OF SAN BERNARDINO WHEREAS, April 2024 has been proclaimed as CHILD ABUSE PREVENTION MONTH by the state and federal government for the purpose of promoting community involvement in preventing child abuse. All children have the right to receive the care, protection, and guidance a family provides; they have the right to be free from harm and to have their physical, emotional, and educational needs met; and, WHEREAS, just over 31,000 children in San Bernardino County were referred in 2023 to the Children & Family Services for suspected child abuse and neglect; Children’s Assessment Center staff, Children and Family Services Social Workers, Public Health Nurses, law enforcement officers, educators, behavioral health clinicians and others in the field are dedicated, compassionate and skilled individuals working under the enormous pressure to protect children; the prevention of child abuse requires rigorous solutions, energy, strength, determination, and commitment on the part of concerned citizens and the community; and, WHEREAS, protective factors are conditions that reduce or eliminate risk and promote the social, emotional, and developmental well‐being of children; and, WHEREAS, effective child abuse prevention activities succeed because of the partnerships created between the Children’s Network and Children’s Fund in partnership with the Children and Family Services, Department of Public Health, First 5 San Bernardino, Community Action Partnership, County Superintendent of Schools, Sheriff’s Department, Child Care Planning Council, Department of Behavioral Health, Preschool Services Department, County Library, Arrowhead Regional Medical Center, Children’s Assessment Center, Loma Linda University Children’s Hospital, and County Fire Department; and, WHEREAS, the blue ribbon is the international symbol for child abuse prevention; the Children’s Network has planned a Blue Ribbon Media Campaign, Educational Materials Distribution, and the 25th Annual Shine A Light on Child Abuse Prevention Awards Ceremony to increase awareness of child abuse during the month of April. NOW, THEREFORE BE IT PROCLAIMED THAT, the Mayor and City Council of the City of San Bernardino, do hereby proclaim April 2024, as CHILD ABUSE PREVENTION MONTH in the City of San Bernardino and encourage all citizens to participate in the events offered by San Bernardino County and join in the efforts to end child abuse. Presented on the 17th day of April 2024 Packet Page. 65 PRESENTATIONS City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Proclamation of National Therapy Animal Day in the City of San Bernardino – April 30, 2024 (All Wards) Packet Page. 66 4 3 8 8 PROCLAMATION OF THE MAYOR & CITY COUNCIL PROCLAIMING APRIL 30, 2024, AS NATIONAL THERAPY ANIMAL DAY IN THE CITY OF SAN BERNARDINO WHEREAS, there are thousands of Pet Partners therapy animal teams serving in communities across the United States; and, WHEREAS, Pet Partners has designated April 30 as National Therapy Animal Day; and, WHEREAS, scientific research shows that interacting with therapy animals can reduce stress, relieve depression, slow heart rate, lower blood pressure, and strengthen the immune system; and, WHEREAS, therapy animal teams in the City of San Bernardino play an essential role in improving human health and well-being through the human-animal bond; and, WHEREAS, therapy animal teams interact with a variety of people in our community including veterans, seniors, patients, students, and those approaching the end of life; and, WHEREAS, these exceptional therapy animals who partner with their human companions bring comfort and healing to those in need; and, WHEREAS, we encourage more pet owners to consider becoming Pet Partners volunteers to help our community by creating greater access to meaningful therapy animal visits. NOW THEREFORE BE IT PROCLAIMED THAT, the Mayor and City Council of the City of San Bernardino, do hereby proclaim April 30th, 2024, as: National Therapy Animal Day. We encourage our citizens to celebrate all therapy animals and their human handlers. Further, we publicly salute the service of therapy animal teams in our community and in communities across the nation. Presented on the 17th day of April 2024 Packet Page. 67 1 8 9 6 PUBLIC HEARING City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Gabriel Elliot, Director of Community Development and Housing Department Department:Community Development and Housing Subject:Proposed Substantial Amendment to Fiscal Years 2023-2024 and 2020-2021 Annual Action Plan Associated with Community Development Block Grant and Community Development Block Grant (All Wards) Recommendation: It is recommended that the Mayor and City Council of The City of San Bernardino, California: 1. Conduct a Public Hearing to obtain citizens’ comments on the proposed Substantial Amendments to 2023-2024 and 2020-2021 Annual Action Plans for the Community Development Block Grant; and 2. Approve the Substantial Amendments to Fiscal Year 2023-2024 and 2020-2021 Annual Action Plans for the Community Development Block Grant; and 3. Adopt Resolution 2024-075, approving the draft Substantial amendment to the housing and urban development fiscal year 2023-2024 and 2020-2021 Community development block grant annual action plan; and 4. Authorize the Director of Finance and Management Services to adjust the Fiscal Year 2023-2024 Budget Appropriation pursuant to the Substantial Amendment 2023-2024 and 2020-2021 Action Plans; and 5. Authorize The City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the submittal of the Proposed Substantial Amendments to Fiscal Year 2023-2024 and 2020- 2021 Annual Action Plans. Packet Page. 68 1 8 9 6 Executive Summary City Staff is requesting to conduct a Public Hearing to provide the public an opportunity to comment on the proposed Substantial Amendment to Fiscal Year 2023-2024 Annual Action Plan for the Community Development Block Grant (CDBG) to reallocate unexpended funds from completed projects and/or movement of funds from stagnated projects to active projects. Background On July 1, 2020, The City awarded the Public Works Department $665,000 in CDBG funds for the Encanto Community Center, Phase I, improvements. On July 1, 2023, The City awarded the Public Works Department $1,080,158 in CDBG funds to execute a CDBG-eligible street improvement project. Discussion Due to construction timeliness and to adhere to the CDBG expenditure requirements City staff is taking the initiative to reprogram funds to projects currently in progress that need additional funding. Project Name Original Allocation Reallocated Total Encanto Community Center $ 665,000.00 ($ 655,886.73) Street Improvements $1,080,158.00 ($1,080,158.00) Nicholson Park -0- $1,746,044.73 Currently, the Nicholson Park Project will be converted into a very large, rubberized ball field for children and adults with physical disabilities. With the increase in funds from the following completed or halted projects, Nicholson would expand its Scope of Work already in progress to encompass upgrades to its community center. The Encanto Project was allocated $665,000 in 2020 for the Design Phase of its park renovation. The project was halted due to the COVID-19 Pandemic, and later underwent a change in Scope of Work, therefore much of the originally allocated funds are not needed. The City plans to decrease the original allocation to less any previous expenditures—for the new design and reprogram the remaining balance to the Nicholson Park Project. This change will affect the 2020-2021 AAP. In 2023, The City awarded $1,080,158 to Public Works for a Street Improvement Project, despite not having a project identified. A specific Street Improvement project has still not been identified, and to meet the federal CDBG timeliness requirements, Packet Page. 69 1 8 9 6 the funds are being allocated to the Nicholson Park project. The Substantial Amendment for the 2023-2024 Fiscal Year seeks to move the Street Improvement Project allocation to Nicholson Park. Reprogramming the CDBG funds will allow the City to better utilize federal funds and continue to follow HUD regulations regarding timely expenditure of grant funds. Specifically, with CDBG, by reallocating stagnated funds to Nicholson Park, we can readily use funds at risk of forfeiture due to untimely expenditure according to HUD timeliness requirements. 2021-2025 Strategic Targets and Goals The proposed Action Plans will meet Key Target No. 3: Improved Quality of Life by providing infrastructure, fair housing, and business assistance in The City. The reprogramming of these funding streams will assist more residents and improve the quality of life of those serviced by the Emergency Interim Shelter. Fiscal Impact There is no General Fund impact associated with this item. The respective grant funds will be adjusted as outlined in the report. Conclusion It is recommended that the Mayor and City Council of The City of San Bernardino, California: 1. Conduct a Public Hearing to obtain citizens’ comments on the proposed Substantial Amendments to 2023-2024 and 2020-2021 Annual Action Plans for the Community Development Block Grant; and 2. Approve the Substantial Amendments to Fiscal Year 2023-2024 and 2020-2021 Annual Action Plans for the Community Development Block Grant; and 3. Adopt Resolution 2024-075, approving the draft Substantial amendment to the housing and urban development fiscal year 2023-2024 and 2020-2021 Community development block grant annual action plan; and 4. Authorize the Director of Finance and Management Services to adjust the Fiscal Year 2023-2024 Budget Appropriation pursuant to the Substantial Amendment 2023-2024 and 2020-2021 Action Plans; and 5. Authorize The City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the submittal of the Proposed Substantial Amendments to Fiscal Year 2023-2024 and 2020- 2021 Annual Action Plans Attachments Attachment 1 2020-2021 Consolidated Plan and Annual Action Plan Packet Page. 70 1 8 9 6 Attachment 2 2020-2021 Third Substantial Amendment to the Annual Action Plan Attachment 3 2023-2024 Annual Action Plan-Final Attachment 4 2023-2024 First Substantial Amendment to Annual Action Plan Attachment 5 Resolution No. 2024-075 - 2024 Substantial Amendment Ward: All Wards Synopsis of Previous Council Actions: April 15, 2020 Mayor and City Council adopted the Fiscal Year 2020-2025 Consolidated Plan, which included the 2020-2021 AAP. June 6, 2023 Mayor and City Council held a Public Hearing Approving Fiscal Year 2023-2024 AAP associated with CDBG, ESG, and HOME (All Wards). Packet Page. 71 Demo Consolidated Plan SAN BERNARDINO 1 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 72 Demo Consolidated Plan SAN BERNARDINO 2 OMB Control No: 2506-0117 (exp. 06/30/2018) Executive Summary ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of San Bernardino (City) is an entitlement City that receives federal funding from the US Department of Housing and Urban and Development (HUD). The City receives funds through the Community Development Block Grant (CDBG) program, HOME Investment Partnerships Program (HOME), and the Emergency Solutions Grant (ESG). The CDBG entitlement program provides formula funding to cities and counties to address community development needs. Seventy percent of gross funding must be used to serve low- to moderate-income households. Eligible activities must meet one of the following national objectives for the program: • Benefit low- and moderate-income persons • Prevent or eliminate slums or blight • Address community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community for which other funding is not available The HOME entitlement program provides formula grant funding for a wide range of activities including building, purchasing, and/or rehabilitating affordable housing for rent or homeownership and providing direct rental assistance to low-income households. The program’s flexibility allows states and local governments to use HOME funds for grants, direct loans, loan guarantees or other forms of credit enhancements, or rental assistance or security deposits. The ESG program provides formula grant funding to cities and counties to engage homeless individuals and families living on the street, rapidly re-house homeless individuals and families, help operate and provide essential services in emergency shelters for homeless individuals and families, and prevent individuals and families from becoming homeless. The Consolidated Plan (ConPlan) is a five-year planning document. This plan covers the period from fiscal year 2020-21 through fiscal year 2024-25. The purpose of the ConPlan is to guide a jurisdiction to: • Assess their affordable housing and community development needs and market conditions; • Make data-driven, place-based investment decisions; and • Conduct community-wide discussions to identify housing and community development priorities that align and focus on eligible activities for CDBG funding. Recipients of CDBG and HOME funding must also prepare and submit to HUD an Annual Action Plan (AAP) that describes in detail, each year, how the ConPlan will be carried out. The AAP must provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the ConPlan. Additionally, at the end of each fiscal year, jurisdictions must complete and submit to HUD a Consolidated Annual Performance and Evaluation Report (CAPER) to report on the accomplishments and progress toward the Packet Page. 73 Demo Consolidated Plan SAN BERNARDINO 3 OMB Control No: 2506-0117 (exp. 06/30/2018) ConPlan’s goals. The City anticipates approximately $15,000,000 in CDBG funds, $6,000,000 in HOME funds, and $1,400,000 in ESG funds during the 2020-2025 ConPlan period. 2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview The objective of the Needs Assessment is to gather information from the community and all partners, as well as demographic and economic data regarding the City’s homeless population, need for affordable housing, special needs population, and community development needs. This information is used to make data-driven decisions to establish priority community needs and strategies based on current conditions, expected funds, and local capacity. Through data collection, outreach, and analysis presented in this plan, a clear outline of the City’s priority needs is formed, along with the projects and facilities that are most likely to aid in the City’s development. A summary of needs identified in the City of San Bernardino include: Rehabilitation of single-family owner-occupied housing and rental units Housing for households below 80% area median income Expanding homeownership Homeless services and homeless prevention services Economic development Improvement of facilities and infrastructure Fair housing services See Needs Assessment (NA) section beginning on page 26 for additional discussion on these identified needs. Packet Page. 74 Demo Consolidated Plan SAN BERNARDINO 4 OMB Control No: 2506-0117 (exp. 06/30/2018) Strategic Plan Summary 3. Evaluation of past performance The City’s CDBG, HOME, and ESG funds successfully contributed to several projects over the last five years. Those projects have contributed to improved housing affordability and expanded economic opportunities for low- and moderate-income households. Affordable Housing. HOME funds were used to construct new homeowner housing and CDBG funds were used to rehabilitate existing housing. For example, in FY 2018-2019, three new homeowner units were added, and seven homeowner houses were rehabilitated. Additionally, in FY 2019-2020, the City anticipates adding eight new single-family ownership units for households earning between 50 and 80 percent AMI. Fair Housing. CDBG funds were used to contract with the Inland Fair Housing Mediation Board to provide fair housing services, including landlord/tenant mediation, housing counseling, alternative dispute resolution, and senior services to San Bernardino residents. For example, in FY 2018-2019, approximately 2,700 residents were served. For FY 2019-2020, the City anticipates serving approximately 3,300 residents. Homelessness. ESG funds were used to connect homeless individuals to services, such as street outreach, rapid rehousing, emergency shelter, and homeless prevention services. As of FY 2018-19, 566 people were served through these programs. Additionally, in FY 2018-2019, the City assisted in the acquisition and rehabilitation of a 38-unit apartment complex to assist homeless households into Packet Page. 75 Demo Consolidated Plan SAN BERNARDINO 5 OMB Control No: 2506-0117 (exp. 06/30/2018) permanent supportive housing. In FY 2019-2020, the City anticipates serving 350 persons experiencing homelessness. 4. Summary of citizen participation process and consultation process Robust community engagement was achieved through engaging a diverse group of stakeholders to identify priorities, concerns, and values. The feedback provided through the community engagement process supported the development of this ConPlan, including the development of housing and community development needs, priorities, goals, and strategies for funding allocation. For the purposes of this plan, the community outreach included residents, business owners, and interest groups. Targeted outreach was provided to youth, elderly, racial and ethnic minorities, renters and property owners, and business owners across the City. Leveraging existing stakeholder contacts, recognizing underrepresented stakeholders, and identifying new stakeholders was integral to the process of reaching the greater San Bernardino community and ensuring a broad depth of participation. The City announced the various community engagement opportunities through its social media, newspaper noticing, and email blasts. Members of the public had the following opportunities for participation and comment, all of which were offered throughout San Bernardino during the ConPlan process: Public Meetings: Walk-in meetings were held across the City so that members of the public could describe what needs and concerns they see in their community. Housing Summit: A housing summit was held for community leaders, agency representatives, service providers, planning professionals, developers, and business owners to learn and exchange information about the current state of housing and development in the City. Stakeholder Interviews: Various local organizations were interviewed to receive feedback on the most pressing priorities and needs of target populations. Pop-Up Events: Structured for short interactions, the pop-up took the form of a booth set up at an event to allow access to a specific stakeholder group. Feedback provided at pop-up events was collected through interactive exercises (dot votes, etc.) or verbal responses to big picture questions. Online Feedback Collection (Survey): To broadly access and efficiently obtain information from a large number of geographically distributed citizens, an online survey was prepared. The survey provided an opportunity to leave additional, relevant comments. The survey was announced through City media outlets and disseminated through key community liaisons or stakeholders with access to resident and community groups, business owners, and interest groups. A detailed summary of community engagement, including participation, methods, and feedback, can be found in Sections PR-10 (Consultations) and PR-15 (Citizen Participation) of this ConPlan. 5. Summary of public comments Packet Page. 76 Demo Consolidated Plan SAN BERNARDINO 6 OMB Control No: 2506-0117 (exp. 06/30/2018) The regional meetings yielded numerous public comments that identified priorities for residents of the City. High priorities identified during the meetings included: Affordable housing Housing and mental health programs for people with disabilities Veterans homelessness assistance Street outreach to homeless individuals Jobs Neighborhood revitalization Pedestrian and traffic improvements Stakeholders provided feedback on the priority needs of the City. Priority needs related to housing, services, and public facilities were summarized into several overarching themes including to: Increase affordable housing; Increase housing opportunities and services for homeless individuals, including homeless prevention; Provide respite care for homeless individuals discharged from hospitals; and Enable emergency/natural disaster resiliency for homeless individuals and low-income families. Community members provided feedback via the community needs survey. The highest areas of need included: Infrastructure Homeless services Economic development (jobs/businesses) 6. Summary of comments or views not accepted and the reasons for not accepting them The City did not receive any public comments that were not accepted. The City attempted to incorporate all feedback received through outreach efforts into the plan. 7. Summary This 2020-2025 ConPlan combines resident feedback, demographic data and analysis, community stakeholder input, and consideration of City resources, goals, other relevant plans, and policies. The results of this combined effort and analysis is the City’s five-year Strategic Plan for the allocation of CDBG, HOME, and ESG funds and activities. These funds will focus on preserving affordable housing, improving community facilities and infrastructure, providing public services to homeless individuals, and improving neighborhood conditions. Packet Page. 77 Demo Consolidated Plan SAN BERNARDINO 7 OMB Control No: 2506-0117 (exp. 06/30/2018) The Process PR-05 Lead & Responsible Agencies 24 CFR 91.200(b) 1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency SAN BERNARDINO CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator Table 1 – Responsible Agencies Narrative The City of San Bernardino (City) is the lead and responsible agency for the US Department of Housing and Urban Development’s (HUD) entitlement programs in San Bernardino. The City’s Housing Division is responsible for administering the City’s HUD entitlement grants, including CDBG, HOME, and ESG. Entitlement jurisdictions receive entitlement funding (i.e., non-competitive, formula funds) from HUD. By federal law, the City is required to submit a five-year ConPlan and Annual Action Plan to HUD listing priorities and strategies for the use of its federal funds. The ConPlan helps local jurisdictions to assess their affordable housing and community development needs and market conditions to meet the housing and community development needs of its populations. Consolidated Plan Public Contact Information Gretel K. Noble Housing Division Manager Community & Economic Development Department 201 North E Street Packet Page. 78 Demo Consolidated Plan SAN BERNARDINO 8 OMB Control No: 2506-0117 (exp. 06/30/2018) 3rd Floor San Bernardino, CA 92401 Tel: (909) 384-7270 Email: noble_gr@sbcity.org Website: www.ci.san-bernardino.ca.us Packet Page. 79 Demo Consolidated Plan SAN BERNARDINO 9 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-10 Consultation – 91.100, 91.110, 91.200(b), 91.300(b), 91.215(I) and 91.315(I) 1. Introduction The consultation section of the ConPlan provides detailed information about the agencies, offices, staff and interested parties that were interviewed or consulted during the engagement process. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)). The City of San Bernardino created a comprehensive community engagement program. Community engagement is key for helping the City to identify needs, priorities, goals, strategies, and activities for future housing and community development activities over the five-year Consolidated Plan period. Engagement activities included a community survey, community meetings, pop-up events, a housing summit, and stakeholder consultations. As a part of the stakeholder consultation process, the City consulted with a variety of stakeholders, including local and regional community-based organizations, health and mental and behavioral health care providers, and housing service organizations. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness Homelessness. During the development of its ConPlan and Annual Plans and as a general practice, the City coordinated with a variety of housing/shelter organizations, public and mental health agencies, and service providers to discuss community needs. Examples of those consulted include Salvation Army â¿¿ Hospitality House, Dignity Health, Inland Valley Recovery Services, and Community Action Partnership of San Bernardino County; for a complete list see Table 2 below. Their collective feedback was especially valuable in gathering information and shaping priorities for this plan as it relates to special needs populations, general health, and mental health services in the City. Through this process, the City interviewed the Continuum of Care (CoC) to ascertain the needs of homeless individuals throughout the City as well as the organizational needs and challenges of the CoC itself. The CoCâ¿¿s feedback will be used to shape the goals identified in this ConPlan, which will then address the needs of homeless individuals in the City. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS Packet Page. 80 Demo Consolidated Plan SAN BERNARDINO 10 OMB Control No: 2506-0117 (exp. 06/30/2018) The San Bernardino County Homeless Partnership (SBCHP) is the administrator of the regional CoC, which serves the entire County. The City continuously coordinates with the CoC to end and prevent homelessness in the County. The CoC is a group composed of stakeholders throughout the County, including governmental agencies, homeless service and shelter providers, homeless persons, housing advocates, affordable housing developers, and various private parties, including businesses and foundations. The SBCHP is a collaboration among community and faith-based organizations, educational institutions, nonprofit organizations, private industry, and federal, state, and local governments. The partnership focuses on addressing issues of homelessness within the County. The SBCHP was developed to direct the planning, development, and implementation of the Countyâ¿¿s 10-year Strategy to end chronic homelessness. The partnership leads the creation of a comprehensive network to deliver much-needed services to the homeless and to families and individuals at risk of homelessness through careful planning and coordination among all entities that provide services and resources to prevent homelessness. The Cityâ¿¿s ConPlan is aligned with the SBCHPâ¿¿s 10-year Strategy to end chronic homelessness. According to the Cityâ¿¿s ESG Policies and Procedures, consultation takes place with participation of City officials, staff serving on the CoC Governance Board, and the Advisory Committee of the CoC Board. In these roles, the City participates in setting local priorities, certifying need, and the annual review of ESG programs. The Community and Economic Development Department serves as the administrative entity for the ESG and compiles program documentation which includes information about the responsibilities of the CoC and ESG programs, HUD regulations, and policy statements such as coordinated entry system, prioritization and Homeless Management Information System (HMIS) participation. Compiled data is used to report on project outcomes to HUD through the ESG CAPER. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities Packet Page. 81 Demo Consolidated Plan SAN BERNARDINO 11 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Services-Health What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Market Analysis How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) attended at least one community meeting and provided input to help prioritize the community needs in the City. 2 Agency/Group/Organization National CORE - Hope Through Housing Foundation Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Homeless Special Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) attended at least one community forum and provided input to help prioritize the community needs of the City. 3 Agency/Group/Organization NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC. Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) attended at least one community forum and provided input to help prioritize the community needs of the City. 4 Agency/Group/Organization Omnitrans Agency/Group/Organization Type Transit Packet Page. 82 Demo Consolidated Plan SAN BERNARDINO 12 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 5 Agency/Group/Organization County of San Bernardino Homeless Partnership Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 6 Agency/Group/Organization San Bernardino County Department of Behavioral Health Agency/Group/Organization Type Services-Health What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 7 Agency/Group/Organization Project Fighting Chance Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Anti-poverty Strategy Packet Page. 83 Demo Consolidated Plan SAN BERNARDINO 13 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 8 Agency/Group/Organization INLAND FAIR HOUSING AND MEDIATION BOARD Agency/Group/Organization Type Service-Fair Housing What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 9 Agency/Group/Organization SALVATION ARMY Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 10 Agency/Group/Organization Center for Employment Opportunities Agency/Group/Organization Type Services-Employment What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Anti-poverty Strategy How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 11 Agency/Group/Organization Inland Valley Recovery Services, Inc. Agency/Group/Organization Type Services-Health Packet Page. 84 Demo Consolidated Plan SAN BERNARDINO 14 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 12 Agency/Group/Organization FOUNDATION FOR CSU SAN BERNARDINO Agency/Group/Organization Type Services-Health Civic Leaders What section of the Plan was addressed by Consultation? Market Analysis How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 13 Agency/Group/Organization Inland Congregations United for Change Agency/Group/Organization Type Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 14 Agency/Group/Organization COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY Agency/Group/Organization Type Services-Children Services-homeless Services-Health Services-Employment What section of the Plan was addressed by Consultation? Housing Need Assessment Packet Page. 85 Demo Consolidated Plan SAN BERNARDINO 15 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 15 Agency/Group/Organization Habitat for Humanity San Bernardino Area Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 16 Agency/Group/Organization San Bernardino City Council Agency/Group/Organization Type Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 17 Agency/Group/Organization Wells Fargo Agency/Group/Organization Type Services - Housing Business and Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 18 Agency/Group/Organization Community Education Partnership Agency/Group/Organization Type Services-Education What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Packet Page. 86 Demo Consolidated Plan SAN BERNARDINO 16 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 19 Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 20 Agency/Group/Organization CATHOLIC CHARITIES SAN BERNARDINO/RIVERSIDE Agency/Group/Organization Type Services-Elderly Persons Services-homeless Services-Health What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 21 Agency/Group/Organization HOPE THROUGH HOUSING FOUNDATION Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Packet Page. 87 Demo Consolidated Plan SAN BERNARDINO 17 OMB Control No: 2506-0117 (exp. 06/30/2018) 22 Agency/Group/Organization LOCAL INITIATIVES SUPPORT CORPORATION Agency/Group/Organization Type Housing Services-Health Services-Education Services-Employment What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 23 Agency/Group/Organization Step Up on Second Agency/Group/Organization Type Services-homeless Services-Employment What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 24 Agency/Group/Organization MARY'S MERCY CENTER Agency/Group/Organization Type Services-homeless Services-Health What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 25 Agency/Group/Organization Alvord Unified School District Agency/Group/Organization Type Services-Health Other government - State What section of the Plan was addressed by Consultation? Housing Need Assessment Packet Page. 88 Demo Consolidated Plan SAN BERNARDINO 18 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 26 Agency/Group/Organization Blair Park Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 27 Agency/Group/Organization El Sol Neighborhood Educational Center Agency/Group/Organization Type Services-Children Services-Health Services-Education What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 28 Agency/Group/Organization San Bernardino Staff Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 29 Agency/Group/Organization NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Packet Page. 89 Demo Consolidated Plan SAN BERNARDINO 19 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 30 Agency/Group/Organization Housing Authority County of San Bernardino Agency/Group/Organization Type Housing Other government - County What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 31 Agency/Group/Organization San Bernardino Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 32 Agency/Group/Organization Terrace West Housing Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 33 Agency/Group/Organization Valon Consulting Agency/Group/Organization Type Business Leaders What section of the Plan was addressed by Consultation? Economic Development Packet Page. 90 Demo Consolidated Plan SAN BERNARDINO 20 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 34 Agency/Group/Organization Wildwood Park Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 35 Agency/Group/Organization TMobile Agency/Group/Organization Type Services - Broadband Internet Service Providers What section of the Plan was addressed by Consultation? Local mobile service provider How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? T-Mobile and AT&T were invited to attend the City's Housing Summit held in February, 2020. They participated in housing discussions and solutions at the Summit. 36 Agency/Group/Organization San Bernardino Valley Municipal Water District Agency/Group/Organization Type Regional organization What section of the Plan was addressed by Consultation? Resiliency and water resources How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? As part of the consultation process SBVMWD was consulted to discuss water resources for existing and proposed future development as well as on-going issues related to water. Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement. Packet Page. 91 Demo Consolidated Plan SAN BERNARDINO 21 OMB Control No: 2506-0117 (exp. 06/30/2018) Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care Potential funding allocations to address homeless needs will complement the CoC strategy. 10 Year Strategy to End Homelessness Continuum of Care Potential funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. 2015-2023 Housing Element City of San Bernardino Barriers to and opportunities for affordable housing development analyzed in this plan were considered in the Market Assessment. The Housing element also provided resiliency data related to housing problems caused by flood prone areas and general water supply needs for all residents. General Plan City of San Bernardino The General Plan was reviewed particularly the Natural Resources, Energy and Water Conservation, and Utilities chapters. The City enforces the Unreinforced Masonry Law, 1998 related to seismic changes and earthquakes. The City enforces FEMA floodplain requirements particularly for the southeastern portions of the City which is prone to flooding. Table 3 – Other local / regional / federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l)) The collaborative implementation of this ConPlan over the course of the next five years begins with the coordinated efforts of multiple public agencies working together to gather feedback and information for regional and local community needs and priorities. Once needs and priorities are identified, they are then incorporated into the City’s ConPlan, forming both regional and local strategies for addressing those needs and priorities. Furthermore, community outreach to local leaders, stakeholders, and residents is a critical first step in implementing this plan’s desired community changes. By successfully establishing relationships and trust between the government, those providing services or community improvements, and the beneficiaries of these services or improvements, the City and community can move toward a joint vision for what and how to make community improvements. The agencies, groups, and organizations who participated are listed in the table above. Other local/regional/federal planning efforts can be found above. Narrative (optional): City staff, with assistance from consultants, worked to involve housing, social service, and other agencies in the community engagement process including direct solicitation for these agencies to Packet Page. 92 Demo Consolidated Plan SAN BERNARDINO 22 OMB Control No: 2506-0117 (exp. 06/30/2018) participate in the community survey, community meetings, and stakeholder interviews. The City will continue to include them in future planning efforts. Agencies who were invited but did not participate are listed here: California Endowment; Cathedral of Praise International Ministries; Center for Individual Development; Central City Lutheran Mission; Clay Counseling Foundation; Community Investment Corporation; Diocese of San Bernardino; Enterprise Community Partners, Inc., Family Service Association of Redlands; Foothill AIDS Project, Grid Alternatives; Home of Neighborly Service; HomeAid Inland Empire; Inland Empire Health Plan; Inland Regional Center; Kaiser Permanente; Legal Aid of San Bernardino; LJR Intellect Academy; Lutheran Social Services of Southern California; Mental Health Systems; Mercy House Living Centers; Molina Healthcare; Mosiac Community Planning, LLC; New Generation for Jesus Christ; Option House; Project Life Impact; Provisional Euducational Services; Restoration House of Refuse, Inc.; San Bernardino Clergy Association; San Bernardino Community College District; San Bernardino County HOPE Team; San Bernardino Public Library; San Bernardino Sexual Assault Services; San Bernardino Unified School District; San Bernardino Valley College; Smooth Transition; Temple Missionary Baptist Church; Time for Change; Ureach-Loma Linda; US Vets; Youth Action Project. Stakeholders were asked questions and provided feedback on priorities, issues, and solutions in relation to CDBG- and HOME-eligible activities including housing, neighborhood revitalization, and low- to moderate-income household issues. They were asked about their top priorities, neighborhood revitalization, housing problems and their solutions, local organization support, families vulnerable to crisis, broadband internet issues, and how the jurisdiction should spend CDBG and HOME funding. Packet Page. 93 Demo Consolidated Plan SAN BERNARDINO 23 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-15 Citizen Participation – 91.105, 91.115, 91.200(c) and 91.300(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting Outreach is essential to the City’s ability to create an accurate and effective plan, and to allocate resources appropriately. The City attempted to reach as many residents as possible within specific demographics, such as low-income families, persons with disabilities, elderly persons, female- headed households, and parents/guardians of children. Receiving feedback from residents, especially those who may receive assistance from grant funds, is critical to the success of the CDBG program. The City reached out to practitioners, agencies, leaders, organizations, and companies who may have the specialized knowledge, experience, resources, and capacity to discuss needs, opportunities, solutions, investments, and how community improvements can be made. All City residents were encouraged to provide input on community needs through citizen participation opportunities. Community Needs Survey. This community survey was noticed through the newspaper, the City’s website, and distribution of flyers in both English and Spanish. The online and paper survey was made available to the public between January 7, 2020, and February 28, 2020. The survey was provided in English and Spanish. Data gathered from the survey provided community feedback needs for housing, public facilities, infrastructure, homelessness, economic development, and community services, as well as on local demographic data. A copy of the survey, along with the final results, can be found at the attached Community Engagement Summary. Public Meetings, Stakeholder Interviews, Pop-Up Events, and Housing Summit. Six public meetings were held in the City of San Bernardino, Stakeholder interviews, and a Housing Summit were conducted as part of the engagement program. Flyers were posted beforehand to inform the public of the meetings. To maximize attendance, they were offered at different locations and times of the day. Three meetings were held during the day and three were held in the evening. The Community Engagement Summary includes a flyer of the public meetings. A total of 65 people attended six meetings. Those in attendance included local residents, service providers, and members of the business community. Community engagement meeting notes held in January 2020 and input from stakeholders helped identify community priorities. Stakeholders were contacted either by phone or visited in person. Each stakeholder were asked a listing of questions that asked about their interaction with the city and future goals and priority needs over the next five years. A Housing Summit was held in the City of which a total of 65 people. Those in attendance included local residents, service providers, and members of the business community. The notes and feedback were helpful in identifying priorities, creating a dialogue with the attendees, and gaining input from stakeholders and the public. Six community engagement meetings were held in January 2020. Pop-Up events included a short dialogue and feedback were also obtained from the public. Three pop-up Packet Page. 94 Demo Consolidated Plan SAN BERNARDINO 24 OMB Control No: 2506-0117 (exp. 06/30/2018) events were attended: 1) San Berardino High School football game November 1, 2019, 2) San Bernardino Airshow on November 2, 2019, and 3) City of San Bernardino Winter Wonderland on December 14, 2019. Community Needs Surveys were distributed at the pop-up events and a total of 314 residents responded to the survey from these pop-up events (See attached Community Engagement Summary). Public Hearings and 30-Day Public Review Period of Draft Consolidated Plan The City will hold a Council public hearing on March 18, 2020, to review the draft ConPlan, and on April 15, 2020, to review and approve the final plan. The City posted notice of the public hearings and draft ConPlan on February 27 for the first public hearing and March 12 for the second hearing. The 30-day public review period began on March 12, 2020 and ended on April 15, 2020. Packet Page. 95 Demo Consolidated Plan SAN BERNARDINO 25 OMB Control No: 2506-0117 (exp. 06/30/2018) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Meeting Non- targeted/broad community A total of 65 individuals attended 6 public meetings. All meeting discussions are included in the Community Engagement Summary. The priority needs discussed at the meetings were: housing, housing programs for people with disabilities and mental health challenges, affordable housing, homelessness issues with veterans and chronic homeless individuals, employment services, at-risk youth programs, community facilities for at risk-youth, downtown revitalization and pedestrian safety through traffic calming on 9th, Olive and Valencia Ave. Packet Page. 96 Demo Consolidated Plan SAN BERNARDINO 26 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 2 Housing Summit Non- targeted/broad community Service providers 41 attendees from 31 service providers and organizations. All Summit comments were documented in the Community Engagement Summary (See attached) All Summit comments were documented in the Community Engagement Summary (See attached) 3 Housing Summit Service providers, municipal staff, council 15 stakeholders were interviewed. All comments were documented in the Community Engagement Summary (See attached) All interview comments were documented in the Community Engagement Summary (See attached) All interview comments were documented in the Community Engagement Summary (See attached) 4 Housing Summit Non- targeted/broad community The survey received 1,011 responses. All survey information is documented in the Community Engagement Summary (See attached) All survey information is documented in the Community Engagement Summary (See attached) All survey information is documented in the Community Engagement Summary (See attached) Packet Page. 97 Demo Consolidated Plan SAN BERNARDINO 27 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 5 Housing Summit Non- targeted/broad community 314 responses All pop-up data is documented in the Community Engagement Summary (See attached) All pop-up data is documented in the Community Engagement Summary (See attached) 6 Newspaper Ad Non- targeted/broad community Newspaper, website flyers and email outreach was undertaken All news documents are documented in the Community Engagement Summary (See attached) All news documents are documented in the Community Engagement Summary (See attached) 7 Public Hearing Non- targeted/broad community There were no written or public comments from the public hearing. There were no written or public comments from the public hearing. There were no written or public comments from the public hearing. 8 Housing Summit Non- targeted/broad community There was no written or public comments during the 30-day public comment period. There was no written or public comments during the 30-day public comment period. There was no written or public comments during the 30-day public comment period. Table 4 – Citizen Participation Outreach Packet Page. 98 Demo Consolidated Plan SAN BERNARDINO 28 OMB Control No: 2506-0117 (exp. 06/30/2018) Needs Assessment NA-05 Overview Needs Assessment Overview The Needs Assessment is a collection and analysis of data that assesses the extent of housing problems and housing needs for residents of the City of San Bernardino. The assessment focuses on affordable housing, special needs housing, community development, and homelessness. The information in this section was gathered from HUD’s Comprehensive Housing Affordability Strategy (CHAS) data, American Community Survey (ACS) data, and various other online and City resources. Stakeholder consultations conducted with public agencies, advocates, and local experts have identified the need for transit, workforce training, additional affordable housing in safe areas, and rehabilitation of existing units for low- to moderate-income households. Findings are summarized below. San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI).A disproportionately greater need exists when the members of racial or ethnic group at a given income level experience housing problems at a greater rate (10 percentage points or more) than the income level as a whole. Housing cost burden is the most common housing problem experienced by households in the City. As a whole, 23 percent of households in the City are cost burdened and 26 percent are severely cost burdened. While no households experience disproportionate need, Black/African American households have the highest rates of severe cost burden at 33 percent. A household is considered severely overcrowded when there are more than 1.5 persons per room and severely cost burdened when paying more than 50 percent of household income toward housing costs. In the City, Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem compared to all LMI households in the jurisdiction. The minority racial and ethnic groups were found to experience housing problems at a greater rate of incidence than the region as whole, often exhibiting disproportionate need. Asian, Black/African American, American Indian/Alaskan Native, and Pacific Islander households are disproportionately affected by housing problems in the City. Overall, 76 percent of LMI Black/African American households, 65 percent of LMI Asian households, 82 percent of LMI American Indian and Alaskan Native households, and 90 percent of LMI Pacific Islander households have at least one housing problem. The Housing Authority of the County of San Bernardino (HACSB) administers the housing choice voucher (HCV) program across the County, including the City, and manages the public housing units in the City. The HACSB manages multiple public housing units in the City: 154 public housing units at the Maplewood Homes Community, 338 units at Wilson Street Apartments, 400 units at Arrowhead Grove, and various scattered sites throughout the City. The HACSB is currently accepting applications (in early Packet Page. 99 Demo Consolidated Plan SAN BERNARDINO 29 OMB Control No: 2506-0117 (exp. 06/30/2018) 2020) for Crestview Terrace, a new community on the site of the former Waterman Gardens under construction in the City of San Bernardino. This property will have 116 new units for occupancy, ranging from one to five bedrooms. In addition to public housing, there are approximately 3,000 affordable units, and approximately 2,600 HCV holders live in the City. Packet Page. 100 Demo Consolidated Plan SAN BERNARDINO 30 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c) Summary of Housing Needs Identified housing needs in the City include additional housing for single persons particularly the elderly and small families, housing that is affordable to those living below poverty levels, housing for persons living with disabilities, safe neighborhoods, and available affordable housing for the extremely low- income households. Additionally, supportive services such as access to affordable health care, childcare, nutrition assistance, public transportation, and short-term financial assistance (first/last month’s rent, security deposit, and moving costs) relieve the financial burden for extremely low-income families and can help prevent homelessness. Rapid rehousing assistance is an integral component of San Bernardino County’s response to homelessness. LMI households (earning less than 80% AMI) experience housing problems at a greater rate than households that do not fall in lower income categories. Housing problems are more frequent among households that rent their home as compared to households that own their home. Community engagement activities identified affordable housing and, specifically, housing programs that support persons with disabilities and mental health issues as priority housing needs for the City. Demographics Base Year: 2009 Most Recent Year: 2015 % Change Population 209,924 214,115 2% Households 57,547 57,580 0% Median Income $39,405.00 $37,047.00 -6% Table 5 - Housing Needs Assessment Demographics Data Source: 2005-2009 ACS (Base Year), 2011-2015 ACS (Most Recent Year) Number of Households Table 0-30% HAMFI >30-50% HAMFI >50-80% HAMFI >80-100% HAMFI >100% HAMFI Total Households 13,335 9,795 10,630 6,275 17,550 Small Family Households 5,535 4,230 4,845 2,535 8,815 Large Family Households 2,765 2,225 2,574 1,404 3,150 Household contains at least one person 62-74 years of age 1,735 1,815 1,974 1,199 3,765 Household contains at least one person age 75 or older 1,085 975 895 509 1,350 Households with one or more children 6 years old or younger 4,204 2,905 3,040 1,610 2,319 Table 6 - Total Households Table Data Source: 2011-2015 CHAS Packet Page. 101 Demo Consolidated Plan SAN BERNARDINO 31 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 102 Demo Consolidated Plan SAN BERNARDINO 32 OMB Control No: 2506-0117 (exp. 06/30/2018) Housing Needs Summary Tables 1. Housing Problems (Households with one of the listed needs) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Substandard Housing - Lacking complete plumbing or kitchen facilities 355 100 120 20 595 40 0 45 4 89 Severely Overcrowded - With >1.51 people per room (and complete kitchen and plumbing) 1,060 490 145 200 1,895 90 90 245 150 575 Overcrowded - With 1.01-1.5 people per room (and none of the above problems) 1,535 905 735 335 3,510 250 375 575 380 1,580 Housing cost burden greater than 50% of income (and none of the above problems) 5,310 2,510 370 25 8,215 1,390 1,110 744 170 3,414 Housing cost burden greater than 30% of income (and none of the above problems) 555 1,860 2,454 815 5,684 300 785 1,540 804 3,429 Packet Page. 103 Demo Consolidated Plan SAN BERNARDINO 33 OMB Control No: 2506-0117 (exp. 06/30/2018) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total Zero/negative Income (and none of the above problems) 920 0 0 0 920 185 0 0 0 185 Table 7 – Housing Problems Table Data Source: 2011-2015 CHAS 2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing, severe overcrowding, severe cost burden) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Having 1 or more of four housing problems 8,265 4,005 1,370 580 14,220 1,770 1,575 1,604 710 5,659 Having none of four housing problems 1,525 2,525 4,059 2,480 10,589 670 1,685 3,590 2,505 8,450 Household has negative income, but none of the other housing problems 920 0 0 0 920 185 0 0 0 185 Table 8 – Housing Problems 2 Data Source: 2011-2015 CHAS 3. Cost Burden > 30% Renter Owner 0-30% AMI >30-50% AMI >50-80% AMI Total 0-30% AMI >30-50% AMI >50-80% AMI Total NUMBER OF HOUSEHOLDS Small Related 3,905 2,870 1,635 8,410 705 745 1,165 2,615 Large Related 2,120 1,120 674 3,914 435 685 655 1,775 Elderly 895 830 245 1,970 630 515 524 1,669 Packet Page. 104 Demo Consolidated Plan SAN BERNARDINO 34 OMB Control No: 2506-0117 (exp. 06/30/2018) Renter Owner 0-30% AMI >30-50% AMI >50-80% AMI Total 0-30% AMI >30-50% AMI >50-80% AMI Total Other 1,575 840 680 3,095 230 270 260 760 Total need by income 8,495 5,660 3,234 17,389 2,000 2,215 2,604 6,819 Table 9 – Cost Burden > 30% Data Source: 2011-2015 CHAS 4. Cost Burden > 50% Renter Owner 0-30% AMI >30-50% AMI >50- 80% AMI Total 0-30% AMI >30-50% AMI >50- 80% AMI Total NUMBER OF HOUSEHOLDS Small Related 3,710 1,475 245 5,430 595 425 380 1,400 Large Related 1,810 520 35 2,365 345 365 160 870 Elderly 745 495 50 1,290 460 325 194 979 Other 1,385 465 90 1,940 210 145 25 380 Total need by income 7,650 2,955 420 11,025 1,610 1,260 759 3,629 Table 10 – Cost Burden > 50% Data Source: 2011-2015 CHAS 5. Crowding (More than one person per room) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0- 30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Single family households 2,310 1,215 695 340 4,560 210 365 530 330 1,435 Multiple, unrelated family households 280 215 230 150 875 100 100 290 195 685 Other, non-family households 65 0 0 39 104 30 0 0 10 40 Total need by income 2,655 1,430 925 529 5,539 340 465 820 535 2,160 Table 11 – Crowding Information – 1/2 Packet Page. 105 Demo Consolidated Plan SAN BERNARDINO 35 OMB Control No: 2506-0117 (exp. 06/30/2018) Data Source: 2011-2015 CHAS Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI Total 0- 30% AMI >30- 50% AMI >50- 80% AMI Total Households with Children Present 3,760 2,030 1,725 7,515 444 875 1,315 2,634 Table 12 – Crowding Information – 2/2 Alternate Data Source Name: Households with Children Data Source Comments: CHAS 2011-2015 Describe the number and type of single person households in need of housing assistance. According to the ACS 2014-2018 5-Year Estimates, there are 11,511 single-person households in the City, which represents 19 percent of households in San Bernardino (Table 5). Based on the ACS 2014-2018 5- Year Estimates, single-person households are primarily persons between 35 and 64 years of age (49 percent); however, persons over 65 years make up 38 percent of single-person households. The housing needs of elderly persons may be more problematic to meet than for other residents since the elderly are often living on a fixed income and many have special housing and care needs. The ACS 2014-2018 5-Year Estimates shows that 17.2 percent of persons living below the poverty level ($12,140 for a single-person household) are seniors over the age of 65 years. Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault and stalking. Persons with Disabilities: According to the ACS 2014-2018 5-Year Estimates, approximately 12.5 percent (26,221 persons) of the population living in San Bernardino is affected by one or more disabilities. The most prevalent disability affecting this population is ambulatory difficulties, with 53 percent of persons experiencing disabilities having an ambulatory difficulty. This is closely followed by cognitive difficulty at 47 percent. The symptoms and functional impairments that result from disabling health and behavioral health conditions can make it difficult for people to earn income from employment. Income from disability benefits, such as Supplemental Security Income, is not always sufficient to afford rent without additional assistance. Of 348 survey respondents in the 2019 San Bernardino Homeless Point-In-Time Count, 26 unsheltered adults (7.5 percent) in the City reported to have developmental disabilities and 79 unsheltered adults (22.7 percent) reported to have a mental health disability or disorder that affect their ability to live independently. Packet Page. 106 Demo Consolidated Plan SAN BERNARDINO 36 OMB Control No: 2506-0117 (exp. 06/30/2018) Victims of Domestic Violence: In 2017, the state of California saw 169,362 domestic-violence related calls.[1] The California Department of Justice data reports that calls for services related to domestic violence in San Bernardino County increased by 51 percent since 2014, with 12,012 calls documented in 2017—7 percent of all calls within California. ACS 2013-2107 data shows that residents of San Bernardino County (2,121,220 persons) make up 5.4 percent of the state’s population (38,982,847 persons). Nationwide data is collected annually during a 24-hour Census period; on September 13, 2017, 19,147 domestic violence-related calls were received by local and state hotline staff of the 1,694 out of 1,873 (90%) participating domestic violence programs, and the National Domestic Violence Hotline staff answered 2,205 calls or texts.[2] This averages more than 14 calls every minute. If this level of need continues, the hotlines would receive more than 7.5 million calls per year; the hotlines do not include the supportive services needed to help a victim and their family. This reflects the larger trend of a rise in violent crime in San Bernardino County. The San Bernardino County Community Indicator Report finds that violent crime has increased by 20 percent since 2014, and specifically the rate of rape increased 74 percent since 2014 (California Department of Justice, 2017 data). In the state of California overall, after reaching a low in 2014, the violent crime rate increased by 13 percent from 2014 to 2017, with rape specifically increasing by 34 percent, although this drastic increase is much lower than the County’s during the same period.[3] Domestic violence, dating violence, sexual assault, and stalking can be precursors to homelessness. The 2019 San Bernardino Homeless Point-In-Time survey identified 35 persons residing in the City who were experiencing homelessness due to fleeing domestic violence, dating violence, sexual assault, and stalking, representing 10.1 percent of the 348 persons experiencing homelessness residing in the City who participated in the survey. What are the most common housing problems? As shown in Table 7 (Housing Problems Table), housing cost burden is the most common housing problem experienced by both renters and homeowners. Of the 57,580 households in the city, 20 percent experience severe cost burden (more than 50 percent of monthly earnings going toward housing costs) and 16 percent experience cost burden (more than 30 percent of monthly earnings going toward housing costs). Are any populations/household types more affected than others by these problems? Forty-six percent of the City’s households are small families. Since small households comprise the largest type of household and since 55 percent of these households are also low-income, they could be more significantly affected by housing problems. Across all categories (substandard housing, overcrowding, and cost burden), renter households consistently experience housing problems at a greater rate than owner-occupied households (Housing Problems Table). LMI renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent). The disparity between renters and homeowners is most significant for households experiencing severe housing cost burden (more than 50 percent of monthly earnings Packet Page. 107 Demo Consolidated Plan SAN BERNARDINO 37 OMB Control No: 2506-0117 (exp. 06/30/2018) going toward housing costs), where of the 11,629 households experiencing severe cost burden, 71 percent are renter households. This is followed by housing cost burden (more than 30 percent of monthly earnings going toward housing costs), where 62 percent of the total number of households experiencing cost burden are renter households. As discussed in the previous question, housing cost burden represents the most common housing challenge. Housing problems are predominantly experienced by extremely low-income households, particularly extremely low-income renters. With the exception of housing cost burden, where low-income (50 to 80 percent AMI) households make up the majority of renting households experiencing cost burden, extremely low-income households consist of at least 40 percent of renters experiencing each housing problem. Further, extremely low-income households (renter and owner-occupied households) are more likely to experience more than one housing problem, with over half of households (55 percent) experiencing more than one housing problem. Describe the characteristics and needs of Low-income individuals and families with children (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered 91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re -housing assistance and are nearing the termination of that assistance Just over 23 percent of households in San Bernardino (13,335 households) qualify as extremely low- income (Table 6), largely unchanged since 2015 when the 2015-2019 Consolidated Plan was prepared. Small families (families of four persons or less) comprise 42 percent (5,535 households) of the City’s extremely low-income households. Further, almost a third (4,204) extremely low-income households have at least one child six years or younger. Compounding financial demands that affect low-income families with small children can lead to a high risk of homelessness. Families that rely on low-wage jobs often work nonstandard and/or inflexible hours, which can be restrictive to families with both school- age and young children. Additionally, low-wage jobs have less access to paid leave or health insurance as compared to high-wage jobs, further exacerbating stress on families with limited resources when children experience injuries and illness. As evidenced by the number of extremely low-income households experiencing housing cost burden and severe cost burden, affordable housing is a significant need for extremely low-income households in the City. Additionally, supportive services such as access to affordable health care, childcare, nutrition assistance, public transportation, and short-term financial assistance (first/last month’s rent, security deposit, and moving costs) relieve the financial burden for extremely low-income families and can help prevent homelessness. Rapid rehousing assistance is an integral component of San Bernardino County’s response to homelessness. Rapid rehousing is designed to help individuals and families quickly exit homelessness and return to permanent housing through a “housing first” approach where the recipients of assistance do not need to graduate through a series of services before reaching permanent housing. Based on the Rapid Rehousing Program Standards, Practices, & Model Guidelines adopted by the San Bernardino Packet Page. 108 Demo Consolidated Plan SAN BERNARDINO 38 OMB Control No: 2506-0117 (exp. 06/30/2018) County Homeless Partnership in January 2019, the program prioritizes a housing first approach to assisting homeless families with children, recognizing that the crisis of homelessness is preventative to obtaining housing and maintaining stability (such as finding affordable housing, employment, assistance programs, etc.). By providing permanent housing quickly, the family is more likely to establish a stable housing situation and avoid returning to homelessness. Rapid rehousing provides community benefits through improving the effectiveness of the County’s homeless services and reducing demand for shelters and other temporary solutions. If a jurisdiction provides estimates of the at-risk population(s), it should also include a description of the operational definition of the at -risk group and the methodology used to generate the estimates: The City generally defines those households of extremely low incomes and those living below the poverty status to be at risk of becoming homeless. The estimates are based on CHAS data provided by HUD and on ACS data by the US Census Bureau, respectively. Specify particular housing characteristics that have been linked with instability and an increased risk of homelessness Housing problems and severe housing problems occur at a higher rate among very low- and extremely low-income households. Cost burden, overcrowding, and poor housing conditions, particularly for renters, all link to an instability in housing that can lead to homelessness. Many lowâ¿Â•income households have difficulty finding reasonably affordable, suitable rental housing. The lack of options available for these populations leads to housing problems and severe housing problems. Households in the very low- and extremely low-income categories live in housing above their means and face cost burden. Alternatively, they avoid high housing costs by living in substandard housing or with other families or extended families, which contributes to overcrowding. Discussion Overall, this assessment finds that: LMI households (earning less than 80% AMI) experience housing problems at a greater rate than households that do not fall in lower income categories. Housing problems are more frequent among households that rent their home as compared to households that own their home. Extremely low-income renters make up the majority of household types experiencing housing problems. Extremely low-income households, for both renter and owner-occupied households, are more likely to experience more than one housing problem, with over half of the households (55 percent) experiencing more than one housing problem falling within the extremely low-income bracket. The above findings indicate a lack of affordable housing available to lower income renters, but especially housing that would be affordable to extremely low-income households. Results from the community Packet Page. 109 Demo Consolidated Plan SAN BERNARDINO 39 OMB Control No: 2506-0117 (exp. 06/30/2018) meeting corroborate these findings. Attendees identified affordable housing and, specifically, housing programs that support persons with disabilities and mental health issues as priority housing needs for the City. Packet Page. 110 Demo Consolidated Plan SAN BERNARDINO 40 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-15 Disproportionately Greater Need: Housing Problems – 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction For the purposes of this ConPlan, disproportionately greater need is assumed to exist when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least 10 percentage points higher than the percentage point of persons in the category as a whole. A household is considered to have a housing problem when their home lacks complete kitchen or plumbing facilities, when there is more than one person per room, or when a cost burden (30% or more of income toward housing) exists. This section's tables demonstrate the disproportionately greater need across the lower-income levels (0%–30%, 30%–50%, and 50%–80% of AMI). Consistently, across each of the income brackets shown below, American Indian/Alaska Native households experience housing problems at a disproportionate rate. Conversely, White households never exceed the jurisdictional rate for housing problems across all households. It should be noted that the sample sizes for both American Indians/Alaska Native and Pacific Islander households are comparatively small, which may mean the data is not accurate. 0%-30% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 10,885 1,340 1,105 White 1,760 255 365 Black / African American 2,400 325 335 Asian 395 165 70 American Indian, Alaska Native 8 0 0 Pacific Islander 10 0 4 Hispanic 6,110 565 255 Table 13 - Disproportionally Greater Need 0 - 30% AMI Data Source: 2011-2015 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Packet Page. 111 Demo Consolidated Plan SAN BERNARDINO 41 OMB Control No: 2506-0117 (exp. 06/30/2018) 30%-50% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 8,225 1,575 0 White 1,360 360 0 Black / African American 1,405 390 0 Asian 230 95 0 American Indian, Alaska Native 15 0 0 Pacific Islander 10 0 0 Hispanic 4,925 695 0 Table 14 - Disproportionally Greater Need 30 - 50% AMI Data Source: 2011-2015 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% 50%-80% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 6,968 3,660 0 White 1,109 920 0 Black / African American 1,120 445 0 Asian 225 125 0 American Indian, Alaska Native 50 15 0 Pacific Islander 20 0 0 Hispanic 4,279 2,080 0 Table 15 - Disproportionally Greater Need 50 - 80% AMI Data Source: 2011-2015 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Packet Page. 112 Demo Consolidated Plan SAN BERNARDINO 42 OMB Control No: 2506-0117 (exp. 06/30/2018) 80%-100% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,909 3,360 0 White 555 855 0 Black / African American 470 355 0 Asian 135 185 0 American Indian, Alaska Native 25 0 0 Pacific Islander 0 0 0 Hispanic 1,729 1,945 0 Table 16 - Disproportionally Greater Need 80 - 100% AMI Data Source: 2011-2015 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Discussion The following summarizes the needs of racial and ethnic households by income bracket. Racial and ethnic household groups that experience housing problems at disproportionate rates are bolded. Eighty-two percent of households with 0%-30% AMI experience at least one severe housing problem: One hundred percent of American Indian/Alaska Native households experience at least one housing problem. Seventy-one percent of Pacific Islander households experience at least one housing problem. Seventy-eight percent of Black/African American households experience at least one housing problem. Seventy-four percent of White households experience at least one housing problem. Sixty-three percent of Asian households experience at least one housing problem. Eighty-eight percent of Hispanic households experience at least one severe housing problem. Eighty-four percent of households with 30%-50% AMI experience at least one housing problem: One hundred percent of American Indian/Alaska Native households experience at least one housing problem. One hundred percent of Pacific Islander households experience at least one housing problem. Packet Page. 113 Demo Consolidated Plan SAN BERNARDINO 43 OMB Control No: 2506-0117 (exp. 06/30/2018) Seventy-eight percent of Black/African American households experience at least one housing problem. Seventy-nine percent of White households experience at least one housing problem. Seventy-one percent of Asian households experience at least one housing problem. Eighty-eight percent of Hispanic households experience at least one severe housing problem. Sixty-six percent of households with 50%-80% AMI experience at least one housing problem: Seventy-seven percent of American Indian/Alaska Native households experience at least one housing problem. One hundred percent of Pacific Islander households experience at least one housing problem. Seventy-two percent of Black/African American households experience at least one housing problem. Fifty-five percent of White households experience at least one housing problem. Sixty-four percent of Asian households experience at least one housing problem. Sixty-seven percent of Hispanic households experience at least one severe housing problem. Forty-six percent of households with 80%-100% AMI experience at least one housing problem: One hundred percent of American Indian/Alaska Native households experience at least one housing problem. There is no data for Pacific Islander households in this income bracket. Fifty-seven percent of Black/African American households experience at least one housing problem. Thirty-nine percent of White households experience at least one housing problem. Forty-two percent of Asian households experience at least one housing problem. Forty-seven percent of Hispanic households experience at least one severe housing problem. In summary, American Indian/Alaska Native are disproportionately affected by housing problems across all categories. Pacific Islander households are disproportionately affected in almost every category where there is data for their households, with exception for extremely low-income households (0%-30% AMI). Packet Page. 114 Demo Consolidated Plan SAN BERNARDINO 44 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-20 Disproportionately Greater Need: Severe Housing Problems – 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction A household is considered severely overcrowded when there are more than 1.5 persons per room and severely cost burdened when paying more than 50 percent of household income toward housing costs. For renters, housing costs include rent paid by the tenant plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities. Per HUD definitions, disproportionate housing needs are defined as “significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups or the total population experiencing that category of housing need in the applicable geographic area” (24 CFR § 5.152). For the purposes of this ConPlan, a disproportionate need refers to a group that has housing needs which are at least 10 percentage points higher than the total population. 0%-30% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 10,035 2,195 1,105 White 1,480 540 365 Black / African American 2,280 450 335 Asian 325 230 70 American Indian, Alaska Native 8 0 0 Pacific Islander 10 0 4 Hispanic 5,750 925 255 Table 17 – Severe Housing Problems 0 - 30% AMI Data Source: 2011-2015 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% Packet Page. 115 Demo Consolidated Plan SAN BERNARDINO 45 OMB Control No: 2506-0117 (exp. 06/30/2018) 30%-50% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 5,580 4,210 0 White 930 790 0 Black / African American 970 825 0 Asian 140 185 0 American Indian, Alaska Native 10 4 0 Pacific Islander 10 0 0 Hispanic 3,295 2,320 0 Table 18 – Severe Housing Problems 30 - 50% AMI Data Source: 2011-2015 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% 50%-80% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,974 7,649 0 White 414 1,615 0 Black / African American 285 1,280 0 Asian 180 175 0 American Indian, Alaska Native 19 50 0 Pacific Islander 20 0 0 Hispanic 2,020 4,339 0 Table 19 – Severe Housing Problems 50 - 80% AMI Data Source: 2011-2015 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% Packet Page. 116 Demo Consolidated Plan SAN BERNARDINO 46 OMB Control No: 2506-0117 (exp. 06/30/2018) 80%-100% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 1,290 4,985 0 White 140 1,265 0 Black / African American 155 665 0 Asian 80 245 0 American Indian, Alaska Native 25 0 0 Pacific Islander 0 0 0 Hispanic 890 2,779 0 Table 20 – Severe Housing Problems 80 - 100% AMI Data Source: 2011-2015 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% Discussion The following is an analysis of the rates of severe housing problems amongst racial and ethnic minorities of different income categories in comparison to the overall rate of severe housing problems. Racial and ethnic household groups that experience severe housing problems at disproportionate rate are bolded. Overall, Asian households earning between 50-80 percent AMI disproportionately experience severe housing problems. Seventy-five percent of households with 0%-30% AMI experience at least one severe housing problem: Seventy-four percent of Black/African American households experience at least one severe housing problem. Sixty-two percent of White households experience at least one severe housing problem. Fifty-two percent of Asian households experience at least one severe housing problem. Eighty-three percent of Hispanic households experience at least one severe housing problem. Fifty-seven percent of households with 30%-50% AMI experience at least one severe housing problem: Fifty-four percent of Black/African American households experience at least one severe housing problem. Fifty-four percent of White households experience at least one severe housing problem. Packet Page. 117 Demo Consolidated Plan SAN BERNARDINO 47 OMB Control No: 2506-0117 (exp. 06/30/2018) Forty-three percent of Asian households experience at one severe housing problem. Fifty-nine percent of Hispanic households experience at least one severe housing problem. Twenty-eight percent of households with 50%-80% AMI experience at least one severe housing problem: Eighteen percent of Black/African American households experience at least one severe housing problem. Twenty percent of White households experience at least one severe housing problem. Fifty-one percent of Asian households experience at least one severe housing problem. Thirty-two percent of Hispanic households experience at least one severe housing problem. In summary, Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem. Packet Page. 118 Demo Consolidated Plan SAN BERNARDINO 48 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-25 Disproportionately Greater Need: Housing Cost Burdens – 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction: A household is considered cost burdened if they pay more than 30 percent of their household income toward housing costs. As per HUD definitions, disproportionate housing needs are defined as “significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups or the total population experiencing that category of housing need in the applicable geographic area” (24 CFR § 5.152). For the purposes of this ConPlan, a disproportionate need refers to a group that has housing needs which are at least 10 percentage points higher than the total population. Housing Cost Burden Housing Cost Burden <=30% 30-50% >50% No / negative income (not computed) Jurisdiction as a whole 28,175 13,053 15,039 1,315 White 8,355 2,655 2,520 440 Black / African American 3,869 2,325 3,259 335 Asian 1,415 380 595 90 American Indian, Alaska Native 85 30 60 0 Pacific Islander 35 20 20 4 Hispanic 13,940 7,414 8,160 365 Table 21 – Greater Need: Housing Cost Burdens AMI Data Source: 2011-2015 CHAS Discussion: As a whole, 23 percent of households are cost burdened and 26 percent are severely cost burdened. Approximately 19 percent of White households, 24 percent of Black/African American households, 15 percent of Asian households, and 25 percent of Hispanic households are cost burdened. No households are disproportionately cost burdened or severely cost burdened. Overall, there is a high rate of cost burden within the City; however, Black/African American households have the highest rates of severe cost burden at 33 percent. Packet Page. 119 Demo Consolidated Plan SAN BERNARDINO 49 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-30 Disproportionately Greater Need: Discussion – 91.205(b)(2) Are there any Income categories in which a racial or ethnic group has disproportionately greater need than the needs of that income category as a whole? Asian, Black/African American, American Indian and Alaskan Native, and Pacific Islander households are disproportionately affected by housing problems in the City. Overall, 76 percent of LMI Black/African American households, 65 percent of LMI Asian households, 82 percent of LMI American Indian and Alaskan Native households, and 90 percent of LMI Pacific Islander households have at least one housing problem. Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem compared to all LMI households in the jurisdiction. Citywide, 23 percent of households are cost burdened and 26 percent are severely cost burdened. Approximately a quarter of Hispanic households and one-third of all Black/African American households are cost burdened. However, no racial or ethnic groups are disproportionately cost burdened or severely cost burdened. Please see discussions in NA-15, NA-20, and NA 25 for more information. If they have needs not identified above, what are those needs? Stakeholder consultations have identified the need for transit, workforce training, additional affordable housing in safe areas, and rehabilitation of existing units for low- to moderate-income households. Are any of those racial or ethnic groups located in specific areas or neighb orhoods in your community? Minority concentration is defined as a census tract where the percentage of individuals of a particular racial or ethnic minority group is at least 20 percentage points higher than the citywide average. Minority refers to all ethnic groups other than non-Hispanic White. The City of San Bernardino is 60 percent White, 16.7 percent Black/African American, 5.7 percent Asian, and 64.3 percent Hispanic (regardless of race). The map below displays census tracts in the City that have a minority concentration. As displayed in the attached minority concentration map. Five census tracts have a Hispanic minority concentration. Packet Page. 120 Demo Consolidated Plan SAN BERNARDINO 50 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-35 Public Housing – 91.205(b) Introduction The HACSB is the regional entity that manages and maintains housing units and administers Housing Choice Voucher programs across the County, including the City of San Bernardino. There are approximately 2,600 voucher holders in the City of San Bernardino. Over 10,700 housing vouchers are currently active countywide. The majority of voucher holders have a tenant-based voucher, which is a type of voucher that allows the holder to use the voucher at any housing unit where the landlord will accept it. Currently, there are approximately 31,000 households on the Housing Choice Voucher waiting list for project-based and 23,023 for tenant-based vouchers. Some households are duplicates. The following tables describe the number of housing vouchers in use within the County and the demographics of those receiving vouchers. Data on the number of vouchers in use within the City is unavailable. Totals in Use Program Type Certificate Mod- Rehab Public Housing Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * # of units vouchers in use 0 0 1,177 5,277 517 4,660 54 0 0 Table 22 - Public Housing by Program Type *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Data Source: PIC (PIH Information Center) Packet Page. 121 Demo Consolidated Plan SAN BERNARDINO 51 OMB Control No: 2506-0117 (exp. 06/30/2018) Characteristics of Residents Program Type Certificate Mod- Rehab Public Housing Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Average Annual Income 0 0 13,755 14,084 14,172 13,978 14,467 0 Average length of stay 0 0 6 6 1 7 0 0 Average Household size 0 0 3 2 1 2 1 0 # Homeless at admission 0 0 0 30 1 22 7 0 # of Elderly Program Participants (>62) 0 0 239 1,122 357 754 3 0 # of Disabled Families 0 0 200 1,284 39 1,200 28 0 # of Families requesting accessibility features 0 0 1,177 5,277 517 4,660 54 0 # of HIV/AIDS program participants 0 0 0 0 0 0 0 0 # of DV victims 0 0 0 0 0 0 0 0 Table 23 – Characteristics of Public Housing Residents by Program Type Data Source: PIC (PIH Information Center) Packet Page. 122 Demo Consolidated Plan SAN BERNARDINO 52 OMB Control No: 2506-0117 (exp. 06/30/2018) Race of Residents Program Type Race Certificate Mod- Rehab Public Housing Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * White 0 0 644 2,226 372 1,791 38 0 0 Black/African American 0 0 425 2,911 114 2,763 16 0 0 Asian 0 0 57 94 21 70 0 0 0 American Indian/Alaska Native 0 0 3 27 5 22 0 0 0 Pacific Islander 0 0 29 12 3 9 0 0 0 Other 0 0 19 7 2 5 0 0 0 *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 24 – Race of Public Housing Residents by Program Type Data Source: PIC (PIH Information Center) Ethnicity of Residents Program Type Ethnicity Certificate Mod- Rehab Public Housing Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * Hispanic 0 0 504 1,326 167 1,132 14 0 0 Not Hispanic 0 0 670 3,951 350 3,528 40 0 0 *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 25 – Ethnicity of Public Housing Residents by Program Type Packet Page. 123 Demo Consolidated Plan SAN BERNARDINO 53 OMB Control No: 2506-0117 (exp. 06/30/2018) Data Source: PIC (PIH Information Center) Packet Page. 124 Demo Consolidated Plan SAN BERNARDINO 54 OMB Control No: 2506-0117 (exp. 06/30/2018) Section 504 Needs Assessment: Describe the needs of public housing tenants and applicants on the waiting list for accessible units: As shown in the above tables, the average annual income of all vouchers holders is approximately $14,084, which is 22 percent of the County household median income. This indicates these voucher holders have limited income to cover basic transportation, medical, food, and personal needs. As indicated in Table 23, 5,277 voucher holders (37 percent) have requested some type of accessible feature, demonstrating a need. Also, given the number of persons with disabilities across the County, the need for accessible units would be great. Additionally, for persons with disabilities who are already on the HACSB waiting list, there is a need for case management and comprehensive support services. As a Moving-to-Work agency, the HACSB is implementing activities designed to increase the cost effectiveness of federal programs and increase the amount of affordable, quality housing units. As such, the HACSB is implementing a local project-based voucher program designed to increase the number of affordable units, a local family self-sufficiency program to increase household income, and the No Child Left Unsheltered program which provides Housing Choice Vouchers to eligible homeless families. Most immediate needs of residents of Public Housing and Housing Choice voucher holders HACSB identified that the current housing program waiting lists are too long and have been closed for quite some time. Furthermore, there is a need for applicant assistance in the housing program application process. The most immediate need is finding housing units and property owners that will accept vouchers. How do these needs compare to the housing needs of the population at lar ge Although Housing Choice Vouchers are available to low-income households, the voucher program is unable to accommodate all low-income households. As discussed in MA-15, there is a gap of 11,445 units for households earning between 0 to 30 percent AMI and a gap of 2,750 units for households earning between 30 to 50 percent AMI. Moderate- and above moderate-income categories are more able to secure affordable housing in the City. Discussion See above discussion. Packet Page. 125 Demo Consolidated Plan SAN BERNARDINO 55 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-40 Homeless Needs Assessment – 91.205(c) Introduction: In the most current County Point-in-Time Count (2019), the County identified a total of 2,607 homeless individuals. Of these individuals, 687 are sheltered and 1,920 are unsheltered. There are an estimated 890 persons experiencing homelessness in the City of San Bernardino. The table below displays the County’s homeless subpopulations. Information for some subpopulations were unavailable. Homeless Needs Assessment Population Estimate the # of persons experiencing homelessness on a given night Estimate the # experiencing homelessness each year Estimate the # becoming homeless each year Estimate the # exiting homelessness each year Estimate the # of days persons experience homelessness Sheltered Unsheltered Persons in Households with Adult(s) and Child(ren) 401 87 488 0 0 0 Persons in Households with Only Children 5 5 10 0 0 0 Persons in Households with Only Adults 281 1,828 2,109 0 0 0 Chronically Homeless Individuals 64 703 757 0 0 0 Chronically Homeless Families 5 34 39 0 0 0 Veterans 32 175 207 0 0 0 Unaccompanied Child 29 140 5 0 0 0 Persons with HIV 6 41 47 0 0 0 Table 26 - Homeless Needs Assessment Alternate Data Source Name: County Homeless Race, HMIS 2019 Packet Page. 126 Demo Consolidated Plan SAN BERNARDINO 56 OMB Control No: 2506-0117 (exp. 06/30/2018) Data Source Comments: County of San Bernardino, HUD HMIS, 2019 Indicate if the homeless population is: Has No Rural Homeless If data is not available for the categories "number of persons becoming and exiting homelessness each year," and "number of days that persons experience homelessness," describe these categories for each homeless population type (including chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth): Subpopulation data is not available for several of catgories in the table above. Between October 1, 2018, and September 30, 2019, 426 individuals exited homelessness from emergency shelters or transitional housing. Of these individuals, 13 percent reentered homelessness within less than six months, 9 percent reentered between 6 and 12 months, and 2 percent reentered between 13 and 24 months. Overall, 25 percent reentered homelessness within two years. During the same period, the average length of time being homeless was 118 days and the me dian time was 56 days. According to the County and City Point-in-Time Counts, the City has noticed an increase in homeless population since 2018. From 2018 to 2019 the homeless population increased in the City 37 percent. The County experienced a 23 percent increase over the same period of time. The preceeding table acknowledges the number of unsheltered individuals is overwelming compared to those who find shelter and that a majority of the homeless people have been categorized as chronically homeless individuals as well as veterans. Packet Page. 127 Consolidated Plan SAN BERNARDINO 57 OMB Control No: 2506-0117 (exp. 06/30/2018) Nature and Extent of Homelessness: (Optional) Race: Sheltered: Unsheltered (optional) White 141 0 Black or African American 114 0 Asian 3 0 American Indian or Alaska Native 6 0 Pacific Islander 1 0 Ethnicity: Sheltered: Unsheltered (optional) Hispanic 102 0 Not Hispanic 10 0 Alternate Data Source Name: County Homeless Race, HMIS 2019 Data Source Comments: Not Hispanic category data in this table refers to the number of multi-racial homeless individuals.There is no data on unsheltered homeless individuals or families. Estimate the number and type of families in need of housing assistance for families with children and the families of veterans. The 2019 County Point-in-Time count identified 34 homeless families with children in San Bernardino County. The count identified four individuals with veteran status within the families surveyed. The 2019 PIT counts for the City of San Bernardino subpopulations included 28 homeless veteran individuals of which only 7 were sheltered and 32 families with children sheltered. There was not data for unsheltered families with children. Describe the Nature and Extent of Homelessness by Racial and Ethnic Group. Race and ethnic composition of homeless individuals reported to be receiving services within the City, according to HMIS 2020 data. Out of the 281 Point-In-Time survey respondents residing in the City, 141 (50.2 percent) were White, 114 (40.6 percent) were Black/African American, and 102 were Hispanic of any race (36.3 percent). This data is for sheltered homeless individuals only. Data was not available for unsheltered homeless individuals. Describe the Nature and Extent of Unsheltered and Sheltered Homelessness. According to 2019 PIT Count data for the City, there are approximately 639 unsheltered homeless individuals and 244 sheltered homeless individuals living in the City. According to the Point-in-Time Packet Page. 128 Consolidated Plan SAN BERNARDINO 58 OMB Control No: 2506-0117 (exp. 06/30/2018) count survey, 17 percent of unsheltered homeless individuals residing in the City had been homeless for less than a year; 59 percent were homeless between one and five years; 12 percent were homeless between six and ten years; and 11 percent were homeless for more than ten years. Seventy-one percent of respondents stated that they lived in the City of San Bernardino before becoming homeless. Discussion: There are approximately 2,607 homeless individuals counted in the County of those counted, 883 reside in the City. As identified in MA-30, homeless providers still complain there is not enough emergency shelter space, transitional, rapid rehousing, or permanent supportive housing beds to accommodate them. The CoC’s service capacities have increased within the previous five years; however, there is still a need for beds and additional supportive services. Packet Page. 129 Consolidated Plan SAN BERNARDINO 59 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-45 Non-Homeless Special Needs Assessment - 91.205 (b,d) Introduction: The following section describes the special needs of the following populations: Elderly households (defined as 62 years and older) Persons with mental, physical, and/or developmental disabilities Large households Female-headed households Persons living with HIV/AIDS and their families Describe the characteristics of special needs populations in your community: Elderly Households (defined as 62 years and older). Many elderly people live on fixed incomes, making housing affordability a key issue. Access to properly sized units, transit, and healthcare are also important concerns of elderly households. Elderly households may also require residential care from time to time. Approximately 11 percent of City residents (23,827) are 62 years of age or older. Persons with mental, physical, and/or developmental disabilities. Persons with disabilities may require special housing accommodations, such as wheelchair accessibility and other modifications to live independently. Access to transit is also a high priority for this population. According to the ACS 2014- 2018 5-Year Estimates, 26,221 residents (12.5 percent) are living with a disability. Of those 65 years and older, 46.5 percent are living with a disability. Female Household. Female-headed households may have special needs related to accessing childcare and other supportive services as well as an increased risk of poverty. As displayed in the table below, female-headed households comprise 35 percent of households with children. What are the housing and supportive service needs of these populations and how are these needs determined? Elderly, disabled, small, large, and female-headed households and households with children are a significant portion of the City’s population and tend to have special housing needs that require diverse types of affordable housing. HACSB does not have enough HCVs to meet the need of all special needs households. When surveyed during the community engagement process, residents selected “construction of new affordable rental housing” as one of the highest priority housing needs in the community. Additionally, Packet Page. 130 Consolidated Plan SAN BERNARDINO 60 OMB Control No: 2506-0117 (exp. 06/30/2018) stakeholder interviews identified housing for the physically disabled, mentally ill, and single women as needs within the City. Discuss the size and characteristics of the population with HIV/AIDS and their families within the Eligible Metropolitan Statistical Area: HIV/AIDS. Those living with HIV/AIDS and their families require stable and affordable housing in order to consistently access medical care and avoid hospitalizations. On the county level, there are approximately 4,401 people living with HIV (PLWH). Approximately 3,120 PLWH are currently in care and 2,278 are virally suppressed. Statewide, male-to-male sexual contact is the most common transmission mode at 71.4 percent of all new cases in 2017. Black/African American individuals make up 35.2 percent of all new transmissions, followed by Hispanic/Latinx individuals at 14.3 percent, American Indian/Alaskan Native at 10.8 percent, Native Hawaiian/other Pacific Islander at 9.1 percent, White at 8.2 percent, and Asian at 6.7 percent. Discussion: The County provides rapid HIV testing, counseling, prevention education, AIDS Drug Assistance Program (ADAP), and HIV clinic services for clients who do not qualify for any other medical resources. People living with HIV/AIDs require affordable housing to maintain consistent access to medical care, adhere to medical plans, and avoid hospitalizations. They require affordable housing that will suit their needs, which include proximity to health care centers. Packet Page. 131 Consolidated Plan SAN BERNARDINO 61 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-50 Non-Housing Community Development Needs – 91.215 (f) Describe the jurisdiction’s need for Public Facilities: Community meetings identified the need for facilities for at-risk youth, pedestrian improvements, and traffic-calming measures. Survey respondents identified the need for community centers, parks and recreational facilities, youth centers, and healthcare facilities. How were these needs determined? The needs were determined through extensive community engagement efforts including a survey, stakeholder interviews, community meetings, and pop-up events. The survey and pop-up events sought to solicit feedback from City residents, while stakeholder interviews focused on community development practitioners and experts. The survey was made available in four languages and online. In total, 1,011 survey responses were received and approximately 12 stakeholder organizations participated in the process. Several residents provided feedback at community meetings and pop-up events. Describe the jurisdiction’s need for Public Improvements: Community Engagement events and data gathering from the City revealed the top public improvements were needed: Survey respondents identified the need for the following public improvements: Street/alley/sidewalk improvements Street lighting improvements Safe routes to schools Water/sewage improvements How were these needs determined? See the description of community engagement above. Describe the jurisdiction’s need for Public Services: Stakeholders identified the need for the following public services: Crime reduction Domestic violence services Packet Page. 132 Consolidated Plan SAN BERNARDINO 62 OMB Control No: 2506-0117 (exp. 06/30/2018) Family self-sufficiency programs Mental health services Tech literacy education Vocational training for those with criminal backgrounds Youth life skill education Feedback at community meetings identified the need for: Services for at-risk youth Neighborhood revitalization Survey respondents identified the need for the following: Programs for at-risk youth Youth activities Children after school/summer camp program or services How were these needs determined? Community engagement activities noted above. Area service providers primarily assisted in this effort. Packet Page. 133 Consolidated Plan SAN BERNARDINO 63 OMB Control No: 2506-0117 (exp. 06/30/2018) Housing Market Analysis MA-05 Overview Housing Market Analysis Overview: This overview summarizes the key points of each section of the market analysis and sets a basis for some of the funding priorities listed in the Strategic Plan. The Market Analysis identifies the City’s housing market, which includes the housing stock, the cost of housing in the City, housing needs for low- income and special needs populations, and barriers to the development of new housing, especially affordable housing. As with many suburban cities, the City of San Bernardino is made up mostly of one-unit detached structures. Multiunit structures make up the second highest portion of housing stock. Multifamily units have increased more rapidly than single-family development, but only by approximately two percentage points. The cost of home purchase is more affordable in the City of San Bernardino compared to other cities in California. However, like the rest of the state, San Bernardino has followed the same trend of steadily increasing costs for both homeownership and renting. Housing stock is aging; nearly 70 percent of residential units were built prior to 1980. There are many housing resources in the City and County for low-income, special needs, and homeless households. The Housing Authority of the County of San Bernardino (HACSB) is the largest provider of affordable housing in the County. The HACSB owns and/or manages more than 10,000 housing units and serves approximately 30,000 individuals throughout the County. For special needs, in the City of San Bernardino alone, there are 39 adult residential facilities providing capacity to accommodate 835 persons; there are 24 residential elder care facilities in the City that accommodate 505 persons. Finally, the City utilizes the Emergency Solutions Grant (ESG) program to support services that include emergency shelter, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. There continue to be barriers to the provision of affordable housing. But through many initiatives and supportive services funded by local and federal resources, efforts are continuously being made to increase affordable housing units, provide supportive services and job training, and offer other tools to build the workforce for a strong community. Packet Page. 134 Consolidated Plan SAN BERNARDINO 64 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-10 Number of Housing Units – 91.210(a)&(b)(2) Introduction The City is made up mostly of one-unit detached structures, at 61 percent of residential properties. Multiunit structures make up the second highest percentage at 19 percent of the housing stock. From 2000 to the present, the development of housing stock has only increased by three to five percentage points, with multifamily units increasing more rapidly than single-family detached by approximately two percentage points. Vacant land is available for immediate residential development in the City. Opportunities for development are identified in maps in the City’s Housing Element. City policies and goals make evident that the City is committed to both redevelopment and new development. Areas of opportunity include infill housing and new development in the Downtown Core as well as along major corridors. A healthy vacancy rate is associated with choice and mobility. A healthy vacancy rate for owner- occupied housing is 2-3 percent and 5-6 percent for rental units. In 2010, the vacancy rate for owner- occupied housing was 3.7 percent; in 2017 it was 1.3 percent, 0.7 percent below the range considered healthy. In 2010, the renter-occupied rate was 6.9 percent, above the healthy range by 0.9 percent. By 2017, the rental vacancy rate returned to the healthy range at 6 percent. Residential mobility is influenced by tenure. Ownership housing is associated with a much lower turnover rate than rental housing. Tenure preferences are primarily related to household income, composition, and age of the householder. Between 2010 and 2017, the number of occupied units decreased, and tenure shifted from majority owner-occupied units to majority renter-occupied units. All residential properties by number of units Property Type Number % 1-unit detached structure 37,940 61% 1-unit, attached structure 2,825 5% 2-4 units 5,660 9% 5-19 units 6,460 10% 20 or more units 5,755 9% Mobile Home, boat, RV, van, etc 4,045 6% Total 62,685 100% Table 27 – Residential Properties by Unit Number Data Source: 2011-2015 ACS Packet Page. 135 Consolidated Plan SAN BERNARDINO 65 OMB Control No: 2506-0117 (exp. 06/30/2018) Unit Size by Tenure Owners Renters Number % Number % No bedroom 215 1% 1,135 4% 1 bedroom 675 3% 7,460 24% 2 bedrooms 5,620 21% 12,530 41% 3 or more bedrooms 20,520 76% 9,424 31% Total 27,030 101% 30,549 100% Table 28 – Unit Size by Tenure Data Source: 2011-2015 ACS Describe the number and targeting (income level/type of family served) of units assisted with federal, state, and local programs. The City has a total of 25 assisted multifamily housing projects that provide 3,034 affordable housing units. Fourteen projects (San Bernardino Senior Housing, Sierra Vista, Monte Vista, Buena Vista, Hacienda, AHEPA 302 Apartments, Arrowhead Vista, The Magnolia, Casa Bernadine, Casa Ramona, Jeffrey Court, Laurel Place, Light’s Rancho Linda, and The Plaza) are designated as affordable senior communities and have a combined total of 1,329 units. Most of the City’s affordable housing was funded by HUD, including Section 202, Section 108, PRAC, HOME, or HFDA. Many projects were also financed through Low Income Housing Tax Credits (LIHTC). Affordable housing units also received funding through the former redevelopment agency or bonds. The HACSB also assisted with the development of the Medical Center Apartments (287 affordable units). The City falls within the jurisdiction of the HACSB. The HACSB administers the Housing Choice Voucher program, which provides rental assistance to income-eligible residents of San Bernardino by providing monthly rental assistance to participants who rent from a private landlord but pay only 30 percent of the monthly rental payment, with the rest paid to the landlord by HUD. In 2018, the HACSB provided 10,120 housing choice vouchers throughout San Bernardino County and 2,669 vouchers were issued to San Bernardino City residents. Provide an assessment of units expected to be lost from the affordable housing inventory for any reason, such as expiration of Section 8 contracts. Assisted units convert to market rate when affordable housing contracts expire. In addition, many of the City’s affordable housing projects were assisted with project-based Section 8 contracts and a significant number of these units are considered at risk of converting to market-rate housing due to expiration of subsidy contracts. A total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status. Packet Page. 136 Consolidated Plan SAN BERNARDINO 66 OMB Control No: 2506-0117 (exp. 06/30/2018) HACSB does not anticipate losing affordable housing units due to expiration of contracts in the next five years. Does the availability of housing units meet the needs of the population? Findings in the data show that there is not enough adequate housing affordable to LMI households, especially for extremely low- and very low-income households. Affordable units accommodate only half the number of households in the 0-30 percent and 30-50 percent HAMFI categories, creating an insufficient amount of housing for households at these income levels. There is a surplus of affordable units for households in the 50-80 percent and the 80-100 percent HAMFI categories. Describe the need for specific types of housing: According to data gathered through community outreach, there is a lack of single-family and other quality housing development. Existing housing stock is also in need of rehabilitation. The primary housing problem is affordability; households in the middle and lower-income categories have difficulty affording homeownership. A need for affordable rental housing is a top need but owner-occupied housing is considered one of the more critical housing needs in the community. The community outreach process also revealed a need for housing for persons with mental and physical disabilities. The needs identified through community outreach are substantiated in the CHAS 2011-2015 data. As shown in Table 29, Unit Size by Tenure, renters in the City outnumber homeowners by 13 percent. Renters also tend to reside in smaller units: 3-bedroom units are occupied by owners by 2.18 times that of renters, whereas most no-bedroom, 1-bedroom, and 2-bedroom units are occupied by renters (69 percent). Discussion See discussion above Packet Page. 137 Consolidated Plan SAN BERNARDINO 67 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-15 Housing Market Analysis: Cost of Housing - 91.210(a) Introduction Housing costs have the potential to cause housing problems in a community. If housing costs are high relative to household income, there will be a higher rate of cost burden and overcrowding. According to HUD, families who pay more than 30 percent of their income toward housing costs are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation and medical care. This section analyzes the cost of housing in the City of San Bernardino. The City’s housing market has fluctuated greatly over the last ten years. During the 2000 Census, the median home value (MHV) in the City was $94,000; it then saw a steep increase during the housing boom of the 2000s, increasing 115 percent by 2009 to an MHV of $270,200. Soon after, the US went into the Great Recession and housing market crash, where homes across California were foreclosed on and the City saw the MHV drop. Although the MHV has continued to decrease, it is still 41 percent higher than it was before the housing boom in 2000, and wages in the area have not increased accordingly. In 2000, the median income in the City was $31,140, which would have allowed an average household to purchase a home without becoming cost burdened (less than 30 percent of their income). In 2015, the median income in the City was $37,047, a 16 percent increase, with an MHV of $159,800, which would make most homeowners cost burdened. Based on the 2011-2015 ACS, the median income would be sufficient for a renter to afford $1,029 in housing costs per month, which includes rent and utilities, and not be cost burdened; 72 percent of the City’s renter population pays $999 or less per month. Cost of Housing Base Year: 2009 Most Recent Year: 2015 % Change Median Home Value 270,200 159,800 (41%) Median Contract Rent 780 813 4% Table 29 – Cost of Housing Data Source: 2005-2009 ACS (Base Year), 2011-2015 ACS (Most Recent Year) Rent Paid Number % Less than $500 4,200 13.8% $500-999 17,740 58.1% $1,000-1,499 7,279 23.8% $1,500-1,999 1,155 3.8% $2,000 or more 180 0.6% Total 30,554 100.0% Table 30 - Rent Paid Data Source: 2011-2015 ACS Packet Page. 138 Consolidated Plan SAN BERNARDINO 68 OMB Control No: 2506-0117 (exp. 06/30/2018) Housing Affordability % Units affordable to Households earning Renter Owner 30% HAMFI 1,890 No Data 50% HAMFI 4,130 2,915 80% HAMFI 18,415 7,975 100% HAMFI No Data 11,994 Total 24,435 22,884 Table 31 – Housing Affordability Data Source: 2011-2015 CHAS Monthly Rent Monthly Rent ($) Efficiency (no bedroom) 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Fair Market Rent 0 0 0 0 0 High HOME Rent 0 0 0 0 0 Low HOME Rent 0 0 0 0 0 Table 32 – Monthly Rent Data Source Comments: Is there sufficient housing for households at all income levels? Findings in the data show that there is not enough adequate housing affordable to LMI households, especially for extremely low- and very low-income households. Overall, affordable units accommodate only half the number of households in the 0-30 percent and 30-50 percent HAMFI categories, creating an insufficient amount of housing for households at these income levels. According to the CHAS 2011-2015 data, approximately 13,335 households are at 0-30 percent AMI, yet there are only 1,890 rental units available that are affordable to these households (no data is available on homeowner units). For the approximately 9,795 households in the City that are at 30-50 percent AMI, 4,130 rental units are affordable, and 2,915 units are affordable for ownership. There is a surplus of affordable units for some of the 10,630 households in the 50-80 percent HAMFI bracket: there are approximately 18,415 rental units and 7,975 ownership units affordable to these households. Packet Page. 139 Consolidated Plan SAN BERNARDINO 69 OMB Control No: 2506-0117 (exp. 06/30/2018) The same is true of the 6,275 households in the City that are in the 80-100 percent HAMFI bracket: there are 11,994 units that are affordable to households earning 100 percent HAMFI, again, creating a surplus of affordable units for households in this range. How is affordability of housing likely to change considering changes to home values and/or rents? As illustrated in the table below, home prices in the City of San Bernardino are low compared to those of the state. However, the median single-family home price has increased by approximately 23 percent between January 2016 and January 2019, which is similar to both the County of San Bernardino (24 percent increase) and the state of California as a whole (23 percent increase), during that same time period. According to the ACS 2015-2018 5-Year Estimates, the majority of renters have consistently spent between $500 and $1,499 between 2015 and 2018; renters spending between $1,500 to $1,999 doubled during the same time period. Overall, San Bernardino is experiencing an increase in rental housing costs. Between 2015 and 2018, the median rent increased from $976 to $1,068. As shown in the table below, both the lowest cost categories (up to $999) and the highest cost categories ($2,000 - $2,999) decreased as a percentage of the rental market. Based upon market data for home prices and rental units, it can be expected that costs will increase, by small percentages. How do HOME rents / Fair Market Rent compare to Area Median Rent? How might this impact your strategy to produce or preserve affordable housing? The median gross rent for San Bernardino, according to the ACS 2018 1-Year Estimate, was $1,068; however, the HUD fair market rent for a three-bedroom is higher at $1,717. According to the number of units available, there is a need to develop affordable units for extremely low- to very low-income households. HUD defines cost burden as 30 percent or more of family’s household income spent on housing costs, including utilities. Affordable housing cost then would be 30 percent or less of a household’s income. The HAMFI for the Riverside-San Bernardino-Ontario, CA MSA is $69,700. Affordable rent for a family of four, earning 80 percent of the area median family income, or $55,760, would be $1,436; for a family earning a very low income of 35,900, $894; and for a family earning extremely low income of 25,750, $644. A strategy to address affordable housing needs would be to put HOME and CDBG dollars toward affordable housing construction for extremely low- and very low- income households. Discussion See discussion above. Packet Page. 140 Consolidated Plan SAN BERNARDINO 70 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-20 Housing Market Analysis: Condition of Housing – 91.210(a) Introduction This section of the ConPlan discusses existing housing supply, age and condition of housing, the number of vacant and abandoned units, and the risk posed by lead-based paint. As discussed in MA-10, 61 percent of the housing stock in the City of San Bernardino is single-family detached. Multiunit structures make up the second highest percentage at 19 percent of housing stock. As is common in many cities in the nation, most residential development in the City occurred between 1950 and 1979. The following section describes the conditions of the housing stock in the City. HUD defines housing “conditions” similarly to the definition of housing problems discussed in the Needs Assessment. These conditions are: 1. More than one person per room; 2. Cost burden greater than 30 percent; 3. Lack of complete plumbing; and 4. Lack of complete kitchen facilities. Definitions In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value. Condition of Units Condition of Units Owner-Occupied Renter-Occupied Number % Number % With one selected Condition 10,325 38% 16,544 54% With two selected Conditions 1,080 4% 4,305 14% With three selected Conditions 10 0% 160 1% With four selected Conditions 0 0% 20 0% No selected Conditions 15,620 58% 9,515 31% Total 27,035 100% 30,544 100% Table 33 - Condition of Units Data Source: 2011-2015 ACS Packet Page. 141 Consolidated Plan SAN BERNARDINO 71 OMB Control No: 2506-0117 (exp. 06/30/2018) Year Unit Built Year Unit Built Owner-Occupied Renter-Occupied Number % Number % 2000 or later 2,265 8% 1,530 5% 1980-1999 6,644 25% 8,275 27% 1950-1979 12,720 47% 15,580 51% Before 1950 5,405 20% 5,155 17% Total 27,034 100% 30,540 100% Table 34 – Year Unit Built Data Source: 2011-2015 CHAS Risk of Lead-Based Paint Hazard Risk of Lead-Based Paint Hazard Owner-Occupied Renter-Occupied Number % Number % Total Number of Units Built Before 1980 18,125 67% 20,735 68% Housing Units build before 1980 with children present 4,650 17% 1,905 6% Table 35 – Risk of Lead-Based Paint Data Source: 2011-2015 ACS (Total Units) 2011-2015 CHAS (Units with Children present) Vacant Units Suitable for Rehabilitation Not Suitable for Rehabilitation Total Vacant Units 3,570 0 3,570 Abandoned Vacant Units 0 0 0 REO Properties 193 0 193 Abandoned REO Properties 0 0 0 Table 36 - Vacant Units Alternate Data Source Name: Vacant Unit Data Data Source Comments: Vacant Units, 2017 ACS 1-Year EstimatesSan Bernardino, CA REO, Realtytrac.com, January 27, 2020 Need for Owner and Rental Rehabilitation Most occupied units were built before 1980. Sixty-eight percent of renter-occupied units and 67 percent of owner-occupied units were built prior to 1980. For units built between 1950 and 1979, renters outnumber owners by nearly 25 percent. The disproportionate share of renters that occupy older units could indicate a more urgent need for the rehabilitation of rental units in the City. The high percentage of older units, both owned-occupied and renter-occupied, indicates the potential need for rehabilitation for both. Packet Page. 142 Consolidated Plan SAN BERNARDINO 72 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimated Number of Housing Units Occupied by Low or Moderate Income Families with LBP Hazards To estimate the number of housing units in the City with lead-based paint (LBP) hazards that are occupied by LMI families, the building age of each unit is evaluated. The use of LBP on residential units was prohibited after 1978, but for the sake of this plan, the number of units built before 1980 will be used to determine how many LMI households are at risk of LBP hazards. The 2011-2015 ACS data in Table 36 shows that approximately 38,860 units in San Bernardino were built before 1980 and could be at risk of LBP. Based upon the 2012-2016 CHAS data, approximately 31,062 residential units built prior to 1980 are occupied by LMI families and are at risk of exposure to LBP hazards. Discussion The City will continue to develop policies to rehabilitate older and abandoned housing in the City in an effort to fulfill its Regional Housing Need Allocation (RHNA) obligation and provide housing to LMI households. The City will continue efforts to reduce LBP hazards in housing constructed prior to 1978 and assisted through the Owner-Occupied Residential Rehabilitation Program by testing for LBP. If LBP is found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation. All City procedures for the prevention of LBP poisoning when working on residential structures will comply with 24 CFR Part 35. The City still has several abandoned homes that have been foreclosed, have deteriorated, and have been vandalized. In Ward 1, there is a focus on the City’s Single-Family Unit Acquisition and Rehabilitation program, but foreclosed homes citywide are eligible properties. The City has identified providers, including Housing Partners 1, Inc. and Neighborhood Housing Service of the Inland Empire, to rehabilitate, manage, market, and close the sale of foreclosed homes. The vacant unit table found in this section only includes the number of vacant units and REO units. The City has not completed a recent housing conditions study to determine which units are not suitable for rehabilitation. As properties are rehabilitated using CDBG and HOME funds each is evaluated to determine whether it is suitable for rehabilitatioin. Packet Page. 143 Consolidated Plan SAN BERNARDINO 73 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-25 Public and Assisted Housing – 91.210(b) Introduction The HACSB is the largest provider of affordable housing in the County. The HACSB owns and/or manages more than 10,000 housing units and serves approximately 30,000 individuals throughout the County. Currently, the HACSB does not anticipate awarding new project-based vouchers. Totals Number of Units Program Type Certificate Mod-Rehab Public Housing Vouchers Total Project -based Tenant -based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * # of units vouchers available 0 0 1,321 8,678 552 8,126 352 1,109 834 # of accessible units *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 37 – Total Number of Units by Program Type Data Source: PIC (PIH Information Center) Describe the supply of public housing developments: Describe the number and physical condition of public housing units in the jurisdiction, in cluding those that are participating in an approved Public Housing Agency Plan: Under the FY12 HUD appropriations act, the Rental Assistance Demonstration (RAD) program allows public housing agencies (PHAs) to convert their public housing units from their original sources of HUD financing to project-based Section 8 contracts. Similar to the Section 8 Housing Packet Page. 144 Consolidated Plan SAN BERNARDINO 74 OMB Control No: 2506-0117 (exp. 06/30/2018) Choice Voucher (HCV) program, income eligible tenants pay 30 percent of their income and the project-based rental assistance makes up the difference between what an extremely low-, low-, or very low-income household can afford and the approved rent for the unit. Tenants would have the option of applying to renew the Section 8 contract. As of FY 2020, all public housing units under the HACSB will be converted to project- based vouchers, commonly referred to as Section 8 units. Planned existing project-based voucher properties include: Family Community, New Development – 333 units Family Community, Existing Development – 434 units RAD Conversion, Existing Public Housing Community – 1,003 units Senior Community, Existing Development – 349 units Family & Senior Community, New Development – 11 units Veterans’ Housing, New Development – 37 Permanent Supportive Housing for Chronically Homeless – 69 Veterans’ Housing, Scattered Sites – 12 In June 2018, the City of San Bernardino received $20 million from the state’s Strategic Growth Council through the California Affordable Housing and Sustainable Communities program. The funding has been prioritized to revitalize the Arrowhead Grove neighborhood, formerly the Waterman Gardens Public Housing site, and the adjacent corridor. The project will include 147 affordable housing units and 36 market-rate units, along with pedestrian and transit improvements that will benefit the community at large. The National Community Renaissance (National CORE), an affordable housing developer, has partnered with the HACSB for the project. As mentioned above, all units under the HACSB will be converted to project-based vouchers, commonly referred to as Section 8 units. The primary benefit of RAD is that properties that convert under this process are no longer restricted from securing private sources of capital financing, and the owners are therefore able to address deferred maintenance issues that have caused public housing and other HUD rental stock to deteriorate nationwide. HACSB refers to housing projects as Asset Management Projects (AMPs). The initial phase of the RAD conversion included rehabilitation at the following sites: 97 scattered site units in AMP 120 330 units in AMP 130 (Maplewood Homes) Packet Page. 145 Consolidated Plan SAN BERNARDINO 75 OMB Control No: 2506-0117 (exp. 06/30/2018) 75 units in AMP 150 (Brockton site 19-05) 50 units in AMP 160 (Monte Vista site 19-06) In September 2018, the second phase of the RAD conversion of public housing units closed and rehabilitation work identified under the RAD physical needs assessments commenced. The second phase of the conversion included the following sites: 12 scattered site units in AMP 150 (E. 9th Street) 125 units in AMP 160 (Colton sites 19-04 & 19-10) 217 units in AMP 170 (Barstow sites 19-07, 19-12, 19-13 and Deseret) All public housing units have been converted through RAD and therefor there are no public housing units in the City. Packet Page. 146 Consolidated Plan SAN BERNARDINO 76 OMB Control No: 2506-0117 (exp. 06/30/2018) Public Housing Condition Public Housing Development Average Inspection Score Table 38 - Public Housing Condition Describe the restoration and revitalization needs of public housing units in the jurisdiction: The HACSB has received approval under HUD’s RAD program and has converted its entire public housing portfolio. As of FY 2020, all units have been or will be converted to project-based vouchers, commonly referred to as Section 8 units. Describe the public housing agency's strategy for improving the living environment of low - and moderate-income families residing in public housing: The HACSB works to facilitate opportunities for families and individuals to become self-sufficient and financially independent so that they can transition from dependency on housing subsidy through the following strategies: Develop and maintain policies, programs, and services that foster accountability, responsibility, and economic independence. Partner with external organizations to support clients in acquiring life skills, education, and training. Strengthening tenants’ personal accountability and in transitioning to home ownership/market rentals In addition to implementing non-MTW activities to address the goal of self-sufficiency, the HACSB has implemented nine MTW activities that address this goal: Local Policies for Portability, Elimination of Earned Income Disallowance, Minimum Rent, Pilot Work Requirement, Local Income Inclusion, implementation of a local Family Self Sufficiency program, Term-Limited Lease Assistance Program, No Child Left Unsheltered, and Transition for Over-Income Families Discussion: Over 10,700 housing vouchers are currently active countywide, of which there are approximately 2,600 voucher holders in the City of San Bernardino. Approximately 37 percent of the voucher holders have requested accessible units or features. The majority of voucher holders have a tenant-based vouchers. Currently, there are approximately 31,000 households on the Housing Choice Voucher waiting list for project-based and 23,023 for tenant-based vouchers. There is a need for applicant assistance in the housing program application process as well as finding property owners that will accept vouchers. Packet Page. 147 Consolidated Plan SAN BERNARDINO 77 OMB Control No: 2506-0117 (exp. 06/30/2018) The Housing Choice Vouchers program is unable to accommodate all low-income households. There is a housing gap of 11,445 units for households earning between 0 to 30 percent AMI as well as a housing gap of 2,750 units for households earning between 30 to 50 percent AMI. Hispanic and Black/African American households are the most prevelent cost burdened populations. Assisted units sometimes convert to market rate units when affordable housing contracts expire. Many of the City’s affordable housing projects that are assisted with project-based Section 8 contracts are considered at risk of converting to market-rate housing due to expiration of subsidy contracts. Specifically, a total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status. Packet Page. 148 Consolidated Plan SAN BERNARDINO 78 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-30 Homeless Facilities and Services – 91.210(c) Introduction The City of San Bernardino assists homeless populations through funding supportive service providers in the community. The City has traditionally provided funding through the ESG program to support services that include emergency shelter, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. Facilities and Housing Targeted to Homeless Households Emergency Shelter Beds Transitional Housing Beds Permanent Supportive Housing Beds Year Round Beds (Current & New) Voucher / Seasonal / Overflow Beds Current & New Current & New Under Development Households with Adult(s) and Child(ren) 252 17 145 695 0 Households with Only Adults 176 0 101 833 0 Chronically Homeless Households 0 0 0 652 0 Veterans 29 0 5 712 0 Unaccompanied Youth 5 0 0 3 0 Table 39 - Facilities and Housing Targeted to Homeless Households Data Source Comments: 2019 San Bernardino City and County CoC Housing Inventory Count Packet Page. 149 Consolidated Plan SAN BERNARDINO 79 OMB Control No: 2506-0117 (exp. 06/30/2018) Describe mainstream services, such as health, mental health, and employment services to the extent those services are use to complement services targeted to homeless persons Many organizations in San Bernardino, including businesses, civic groups, corporations, educational institutions, faith-based organizations, local government, and nonprofit agencies, provide financial assistance, food, health care, clothing, legal assistance, public assistance, rental assistance, and utility assistance at little or no cost. Mainstream benefit programs such as CalFresh, Medicaid/Medi-Cal, Social Security Disability Income (SSDI), Supplemental Security Income (SSI), and Veteran’s Benefits are available to homeless persons in the City. Additionally, the Homeless Provider Network (HPN) acts as an advocate for homeless populations and those at risk of becoming homeless. The HPN facilitates the collaboration between the public and private sectors to coordinate services to assist and prevent homelessness. Member organizations of the HPN meet monthly. List and describe services and facilities that meet the needs of homeless persons, particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. If t he services and facilities are listed on screen SP-40 Institutional Delivery Structure or screen MA-35 Special Needs Facilities and Services, describe how these facilities and services specifically address the needs of these populations. The City works with various agencies and provides referrals for services to homeless populations and those at risk of homelessness: • Community Action Partnership of San Bernardino County – provides homeless persons and those at risk of homelessness with temporary rental assistance, financial literacy education, and linkages to other support services. • Family Service Association of Redlands – provides emergency shelter (motel vouchers), wraparound services, and case management to prevent homelessness. • Lutheran Social Services – provides emergency shelter as a "bridge" to permanent housing, and wrap- around services to help homeless men 18 years and older to achieve self-sufficiency. • Step Up on Second – provides supportive services which begin with engagement and street outreach activities. • The Salvation Army Hospitality House – provides emergency shelter, referrals to permanent housing services, and meals to families and single females experiencing homelessness. Other agencies in the County providing services to address homelessness include: Catholic Charities San Bernardino High Desert Homeless Services, Inc. Victor Valley Family Resource Center Time for Change Foundation provides emergency shelter services to women and children as well as permanent housing. Helping Hands Pantry, a food bank, serves the communities of the County of San Bernardino; programs include a mobile food pantry and the College Student Food Assistance Program for students who do not have the resources to buy enough food. Packet Page. 150 Consolidated Plan SAN BERNARDINO 80 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-35 Special Needs Facilities and Services – 91.210(d) Introduction There are 39 adult residential facilities in the City of San Bernardino. Such facilities provide safe and secure places for the elderly and persons with disabilities to stay while their primary caretakers work or run errands. In January 2020, there were 60 licensed adult residential facilities in the City with the capacity to accommodate a total of 835 persons. Residential care facilities for the elderly are family homes, group care facilities, or other similar facilities in which non-medical care is provided 24 hours per day to support daily activities and ensure personal security of the elderly. There are 24 residential elder care facilities in the City that accommodate 505 persons. Including the elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addictions, persons with HIV/AIDS and their families, public housing residents and any other categories the jurisdiction may specify, and descri be their supportive housing needs Elderly. Elderly persons may have special housing needs primarily due to income, health care costs, and physical or mental disabilities, particularly those that tend to increase with age. As a result, the elderly may face difficulty in finding housing and may become victims of housing discrimination or fraud. According to the 2011-2015 ACS, approximately 15,302 persons 62 years and older reside in the City, representing seven percent of the total population. The senior population is growing at a faster pace than the overall population. According to the ACS, between 2010 and 2017, the total number of elderly persons in San Bernardino increased by more than 12 percent while the City’s total population increased by only 2.5 percent. Persons with Disabilities. Persons with disabilities frequently have special housing needs, often related to a potentially limited ability to earn enough income, a lack of accessible and affordable housing, and higher health costs associated with a disability. Persons with self-care and mobility limitations may also require housing design features such as wheelchair ramps, grab bars, special bathroom designs, and/or wider doorway openings. According to the ACS 2014-2018 5-Year Estimates, 12.5 percent of San Bernardino residents reported a disability, a decrease from the 2009-2013 estimates, which estimated that 13.2 percent of the population had one or more disabilities. Approximately 16.5 percent of those between the ages of 35 to 64 reported having a disability. Approximately 38.5 percent of those between the ages of 65 to 74 reported having a disability, which is approximately 8 percent higher than the County level. For those 75 years and older, 60.9 percent of the population reported having a disability, which is approximately 5 percent higher than the County level. Packet Page. 151 Consolidated Plan SAN BERNARDINO 81 OMB Control No: 2506-0117 (exp. 06/30/2018) A major challenge facing the City is the availability of housing stock with accessible features that meet the needs of disabled residents and their families. The ACS 2014-2018 5-Year estimates showed that 14.2 percent, or 2,586, residents above the age of 65 were living below the poverty level. Living below the poverty level further limits resources and puts an additional constraint on the already limited housing options available to seniors with a disability. Community outreach also revealed a need for housing programs with mental health services for people with mental and physical disabilities. Drugs/Alcohol. The County of San Bernardino provides alcohol and drug services through the Substance Use Disorder and Recovery Services (SUDRS) program. Services are available to all County residents. Additionally, Supervised Treatment After Release (STAR) is the treatment component of the Mental Health Court System of Care. Individuals are generally referred while incarcerated in the West Valley Detention Center. STAR arranges for: Day treatment Intensive case management Residential placement Drug and alcohol treatment Periodic court reviews HIV/AIDS. The National Commission on AIDS states that up to half of all Americans with HIV or AIDS are either homeless or at imminent risk of becoming homeless because of their illness, lack of income or other resources, and having a weak support network. Persons with HIV/AIDS may also require a broad range of services, including counseling, medical care, in-home care, transportation assistance, and food provision. Describe programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing The City has worked with St. Bernadine Hospital to transition homeless individuals who are being discharged from the hospital into transitional housing and ultimately transition into permanent housing. The City will continue to support the regional Continuum of Care’s efforts to implement the San Bernardino County 10-Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that state and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. To meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons from being discharged into homelessness. The City has provided ESG funding to Step Up on Second (Step Packet Page. 152 Consolidated Plan SAN BERNARDINO 82 OMB Control No: 2506-0117 (exp. 06/30/2018) Up) for essential service referrals and housing placement services to homeless and near-homeless persons. Step Up also provides daily street outreach to the most service-resistant homeless population in San Bernardino. Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one -year goals. 91.315(e) Through CDBG, ESG, and other available resources, the City traditionally funds organizations that provide services to residents in need. Such funding support includes ADA accessibility for public spaces and service organizations providing assistance and referrals to low-income persons in need of various supportive services. In 2020-2021 the City intends to fund several affordable housing initiatives including the development of new affordable rental housing (100 units), expand home ownership opportunties to eligible LMI households through its Infill Housing Program (4 new units) and its First Time Home Ownership Program (2 existing units), rental housing rehabilitation (239 units), and through fair housing assistance which will help over 2,000 property owners and tenants citywide. The City prioritizes families whose household income is extremely low and low income income. For entitlement/consortia grantees: Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. (91.220(2)) See above discussions. Packet Page. 153 Consolidated Plan SAN BERNARDINO 83 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-40 Barriers to Affordable Housing – 91.210(e) Negative Effects of Public Policies on Affordable Housing and Residential Investment The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: Funding for affordable housing usually comes from the government at the local, state, or federal levels or from nonprofit organizations specializing in the construction of affordable housing. Before 2012, redevelopment had the ability to borrow against future property tax revenue in order to finance capital projects and address blight; 20 percent of redevelopment money was required to be allocated toward affordable housing. Due to state budgetary problems, redevelopment agencies were dissolved. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Review: Environmental review can be a long process and is expensive if extensive environmental review is required under the California Environmental Quality Act (CEQA) or the National Environmental Policy Act. Additionally, if a developer is applying to rezone an area or parcel, an amendment to the General Plan or Zoning Ordinance is required, which is a project under CEQA. Such an amendment requires environmental review, which can become a long and even political process that can slow or even stop the development of projects. Site Improvements: Many parts of the City of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Infrastructure and Impact Fees: Impact fees are charged to housing developers to pay for City infrastructure that will support the project, or pay for parks or other City services that protect the welfare of residents. A primary financial deterrent for developers is the high cost of impact fees. Construction costs, permitting fees, and impact fees are passed on to the consumer, driving up the cost of housing at all income levels. Packet Page. 154 Consolidated Plan SAN BERNARDINO 84 OMB Control No: 2506-0117 (exp. 06/30/2018) State and Federal Davis-Bacon Prevailing Wages: The state Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multifamily project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Packet Page. 155 Consolidated Plan SAN BERNARDINO 85 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-45 Non-Housing Community Development Assets – 91.215 (f) Introduction The City of San Bernardino is located in the Inland Empire, which is part of a populous area west of Los Angeles in Southern California. Top employers in the City include California State University, San Bernardino, Caltrans, and the Community Hospital of San Bernardino. There are 57,889 jobs in the City with a labor force of approximately 88,000. The City has strong millennial growth with an average age of 32, younger than both the state (36) and the nation (37). Additionally, the County is the second-fastest growing county in the state, likely due to lower home prices and commercial vacancy rates, making the area ideal for investment. Economic Development Market Analysis Business Activity Business by Sector Number of Workers Number of Jobs Share of Workers % Share of Jobs % Jobs less workers % Agriculture, Mining, Oil & Gas Extraction 771 229 1 0 -1 Arts, Entertainment, Accommodations 7,079 7,320 13 13 0 Construction 4,002 2,357 7 4 -3 Education and Health Care Services 11,756 14,338 21 25 4 Finance, Insurance, and Real Estate 2,248 3,649 4 6 2 Information 752 350 1 1 0 Manufacturing 5,683 3,438 10 6 -4 Other Services 2,023 2,422 4 4 0 Professional, Scientific, Management Services 3,168 4,139 6 7 1 Public Administration 0 0 0 0 0 Retail Trade 8,041 8,264 15 14 -1 Transportation and Warehousing 5,321 7,872 10 14 4 Wholesale Trade 4,046 3,511 7 6 -1 Total 54,890 57,889 -- -- -- Table 40 - Business Activity Packet Page. 156 Consolidated Plan SAN BERNARDINO 86 OMB Control No: 2506-0117 (exp. 06/30/2018) Data Source: 2011-2015 ACS (Workers), 2015 Longitudinal Employer-Household Dynamics (Jobs) Packet Page. 157 Consolidated Plan SAN BERNARDINO 87 OMB Control No: 2506-0117 (exp. 06/30/2018) Labor Force Total Population in the Civilian Labor Force 88,507 Civilian Employed Population 16 years and over 73,795 Unemployment Rate 16.60 Unemployment Rate for Ages 16-24 34.05 Unemployment Rate for Ages 25-65 9.00 Table 41 - Labor Force Data Source: 2011-2015 ACS Occupations by Sector Number of People Management, business and financial 9,155 Farming, fisheries and forestry occupations 4,155 Service 10,555 Sales and office 18,790 Construction, extraction, maintenance and repair 7,535 Production, transportation and material moving 5,500 Table 42 – Occupations by Sector Data Source: 2011-2015 ACS Travel Time Travel Time Number Percentage < 30 Minutes 45,150 66% 30-59 Minutes 15,889 23% 60 or More Minutes 7,445 11% Total 68,484 100% Table 43 - Travel Time Data Source: 2011-2015 ACS Education: Educational Attainment by Employment Status (Population 16 and Older) Educational Attainment In Labor Force Civilian Employed Unemployed Not in Labor Force Less than high school graduate 14,685 3,539 14,005 High school graduate (includes equivalency) 16,405 2,535 10,015 Some college or Associate's degree 19,900 2,590 7,675 Packet Page. 158 Consolidated Plan SAN BERNARDINO 88 OMB Control No: 2506-0117 (exp. 06/30/2018) Educational Attainment In Labor Force Civilian Employed Unemployed Not in Labor Force Bachelor's degree or higher 8,335 615 2,630 Table 44 - Educational Attainment by Employment Status Data Source: 2011-2015 ACS Educational Attainment by Age Age 18–24 yrs 25–34 yrs 35–44 yrs 45–65 yrs 65+ yrs Less than 9th grade 535 2,144 3,713 7,580 3,660 9th to 12th grade, no diploma 5,399 5,765 5,350 7,669 2,500 High school graduate, GED, or alternative 9,005 9,785 7,140 12,035 4,600 Some college, no degree 10,905 8,939 5,085 9,830 3,385 Associate's degree 1,004 2,258 1,405 2,665 1,224 Bachelor's degree 1,179 2,595 1,775 3,705 1,394 Graduate or professional degree 15 754 850 1,894 918 Table 45 - Educational Attainment by Age Data Source: 2011-2015 ACS Educational Attainment – Median Earnings in the Past 12 Months Educational Attainment Median Earnings in the Past 12 Months Less than high school graduate 33,509 High school graduate (includes equivalency) 65,568 Some college or Associate's degree 88,789 Bachelor's degree 57,200 Graduate or professional degree 109,150 Table 46 – Median Earnings in the Past 12 Months Data Source: 2011-2015 ACS Based on the Business Activity table above, what are the major employment sectors within your jurisdiction? Education and health care services is the top employment sector with the highest percentage of local workers within the sector in San Bernardino, followed by retail trade, arts/entertainment/accommodations, transportation and warehousing, and manufacturing. The sectors with the highest percentage of jobs within the sector are education and healthcare services, retail, transportation and warehousing, and arts, entertainment and accommodations. Manufacturing has the Packet Page. 159 Consolidated Plan SAN BERNARDINO 89 OMB Control No: 2506-0117 (exp. 06/30/2018) most oversupply of labor (more workers than jobs). Education/health care services and finance/insurance/real estate both have the most undersupply of labor (more jobs than workers). Describe the workforce and infrastructure needs of the business community: The City has a civilian labor force of 88,507. However, the unemployment rate is unusually high at 16.6 percent overall, and 9 percent for those in the 25-65 age cohort; the national rate is 3.7 percent and for comparably sized cities, 5.5 percent. Though education and health care services are the top business sector, the most occupations are in sales and office. As discussed above, there is a need for workers in the finance, insurance, and real estate sector. Additionally, because of the finding that there are more workers than jobs in manufacturing, it could be beneficial to incentivize manufacturing companies to locate in the City. The public outreach process for the 2020-2025 ConPlan also expressed the need for job training for residents. Describe any major changes that may have an economic impact, such as planned local or regional public or private sector investments or initiatives that have affected or may affect job and business growth opportunities during the planning period. Describe any needs for workforce development, business support or infrastructure these changes may create. The City of San Bernardino has developed the San Bernardino Downtown Vision & Action Plan, which includes the development of the 48.2-acre Carousel District. A goal of the plan is to capitalize on the Carousel District’s ability to attract visitors to its arts and entertainment amenities by further developing the area. Projects being considered for this mixed-use development include residential market-rate housing and retail redevelopment with future phases of office, educational, and/or additional housing. In addition to development, the InTech Center in Fontana is part of an initiative designed to provide hands-on training that manufacturing employers are looking for. Manufacturing sectors are growing in the County and include advanced manufacturing, food, plastics, and metal manufacturing. The center provides individual certificate programs as well as comprehensive career skill development, such as in industrial maintenance, pre-engineering, robotics, and IT. Tens of thousands of new residential units are anticipated. As such, the County also has resources in place to attract retail by assisting investors with site selection, business planning, obtaining permits to operate retail, workforce assistance, and demographic and market reports. How do the skills and education of the current workforce correspond to employment opportunities in the jurisdiction? As discussed above, there is a need for workers in the finance, insurance and real estate sector, possibly indicating a need for related job training and educational opportunities. Additionally, because of the finding that there are more workers than jobs in manufacturing, it could be beneficial to incentivize Packet Page. 160 Consolidated Plan SAN BERNARDINO 90 OMB Control No: 2506-0117 (exp. 06/30/2018) manufacturing companies to locate in the City. As mentioned above, job training is a need in the community. Describe any current workforce training initiatives, including those supported by Workforce Investment Boards, community colleges and other organizations. Describe how these efforts will support the jurisdiction's Consolidated Plan. The San Bernardino Community and Economic Development Department will continue consulting with County Workforce Development, County Department of Behavioral Health, and County Office on Aging and Adult Services, all of which are involved in the delivery of housing, supportive services and economic development to low- and moderate-income San Bernardino residents. Workforce Development provides job placement services for persons in the County and paid on-the-job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s Emprendedores program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the Emprendedores program, the City will cross promote the services available through Workforce Development. Does your jurisdiction participate in a Comprehensive Economic Development Strategy (CEDS)? No If so, what economic development initiatives are you undertaking that may be coordinated with the Consolidated Plan? If not, describe other local/reg ional plans or initiatives that impact economic growth. The City does not have a comprehensive economic development strategy. Discussion See discussion above. Packet Page. 161 Consolidated Plan SAN BERNARDINO 91 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-50 Needs and Market Analysis Discussion Are there areas where households with multiple housing problems are concentrated? (include a definition of "concentration") As discussed below, there are racial and ethnic concentrations and LMI concentrations within the City. The definition of “concentration” is provided below. Are there any areas in the jurisdiction where racial or ethnic minorities or low -income families are concentrated? (include a definition of "concentration") A minority concentration is defined as census tracts where the percentage of individuals of racial or ethnic minority groups is at least 20 percent higher than the City average. An LMI concentration is defined as a census tract in which the median household income is less than or equal to 80 percent of the statewide median family income, in which the median family income is less than or equal to 80 percent of the metropolitan area’s median family income, or in which the federal poverty rate is 20 percent or greater. As discussed in NA-30, five census tracts have a Hispanic minority concentration. A majority of the City is considered an LMI area (see attached LMI Concentration Map). What are the characteristics of the market in these areas/neighborhoods? According to the ACS 2014-2018 5-Year Estimates, the median household income for the City is $43,136, which is less than the County’s median household income of $60,164. As of January 24, 2020, there are approximately 185 houses in various states of foreclosure throughout the City. Housing units in foreclosure generally overlap with LMI neighborhoods displayed in the attached Map. Are there any community assets in these areas/neighborhoods? The County operates an Employment Resource Center in downtown San Bernardino near City Hall in an LMI neighborhood. California State University, San Bernardino is also located in an LMI neighborhood. Are there other strategic opportunities in any of these areas? The City has several economic advantages, including modern industrial buildings, convenient freeway access, and generally lower labor costs. Additionally, the City continues to encourage economic development and will continue to fund nonprofits that develop the capacity of residents through job and small business development training. Packet Page. 162 Consolidated Plan SAN BERNARDINO 92 OMB Control No: 2506-0117 (exp. 06/30/2018) Minority Concentration Map Packet Page. 163 Consolidated Plan SAN BERNARDINO 93 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-60 Broadband Needs of Housing occupied by Low- and Moderate-Income Households - 91.210(a)(4), 91.310(a)(2) Describe the need for broadband wiring and connections for households, including low - and moderate-income households and neighborhoods. According to the California Interactive Broadband Map, most of the City is served by fixed-service broadband. Most unserved areas are nonresidential; however, approximately 150 mobile homes are unserved in the City. Stakeholders also identified a need for internet access among homeless individuals and housing program participants. Describe the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction. Charter Communications (Spectrum) and Frontier Communications are the primary fixed-service internet service providers (ISPs) operating within the City. Charter and Frontier generally cover the entire City, save for the unserved pockets discussed above. Frontier provides DSL and fiber internet, whereas Charter provides broadband with small pockets of fiber service. The table attached with this section displays the monthly price of internet (excluding equipment rental fees) by ISP as of January 24, 2020. For households that are recipients of the National School Lunch Program (NSLP), the Community Eligibility Provision of the NSLP, or Supplemental Security Income (SSI; 65 years and older), Charter offers broadband internet access (up to 30Mbps) for $14.99 per month with no equipment rental fees. Frontier also provides low-cost internet access (1.61Mbps to 12Mbps) for $19.99 per month for recipients of CalFresh, SSI, Medi-Cal, and Bureau of Indian Affairs programs. This offer also comes with a Chromebook provided by funding from the California Emerging Technology Fund. LMI households who are participants of these programs would be able to access the internet at a low cost. LMI households who are not participants of these specific programs or cannot afford the reduced price would be unable to access the internet. Packet Page. 164 Consolidated Plan SAN BERNARDINO 94 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3) Describe the jurisdiction’s increased natural hazard risks associated with climate change. Climate change is a phenomenon where greenhouse gases (GHGs) produced by natural and man-made sources trap heat in the atmosphere, causing an increase in the global average air and ocean temperatures and the melting of snow and ice, which consequently causes sea level rise. Depending on the level of emissions, by 2099, the average temperature of San Bernardino County is projected to rise between 3.8 and 6.7 degrees Fahrenheit. Increased temperatures could manifest as heat waves, which would lead to increased incidents of heat stress and heat stroke and exacerbate existing health conditions. Furthermore, the lack of moisture in the air, when compounded by long-term drought, may also increase the risk of wildfires, resulting in more deaths, destroyed property, and increased air pollution. Climate change may also cause increased occurrences of extreme weather events, such as storms and flooding. This would increase fatal and nonfatal injuries, ruin housing, and may result in permanent displacement. Describe the vulnerability to these risks of housing occupied by low - and moderate-income households based on an analysis of data, findings, and methods. LMI households and those with special needs without the means to evacuate would be more vulnerable during natural disasters caused by climate change. It would be difficult for households to acquire transportation and housing accommodations during an emergency. Additionally, housing destroyed by natural disasters would be difficult to replace in the already constrained housing market. Furthermore, households without adequate air conditioning systems would also be at increased risk of heat stress and heat stroke. Stakeholders identified homeless individuals as having the greatest risk from emergencies and natural disasters. Extreme heat events require cooling centers; however, resources may not be available to accommodate all homeless persons. Additionally, it was identified that households at risk of fire hazard may not have the resources to find replacement housing, and resources may not be available to provide emergency shelter. Packet Page. 165 Consolidated Plan SAN BERNARDINO 95 OMB Control No: 2506-0117 (exp. 06/30/2018) Strategic Plan SP-05 Overview Strategic Plan Overview This overview summarizes the key points of each section of the market analysis and sets a basis for some of the funding priorities listed in the Strategic Plan. The Market Analysis identifies the City’s housing market, which includes the housing stock, the cost of housing in the City, housing needs for low- income and special needs populations, and barriers to the development of new housing, especially affordable housing. As with many suburban cities, the City of San Bernardino is made up mostly of one-unit detached structures. Multiunit structures make up the second highest portion of housing stock. Multifamily units have increased more rapidly than single-family development, but only by approximately two percentage points. The cost of home purchase is more affordable in the City of San Bernardino compared to other cities in California. However, like the rest of the state, San Bernardino has followed the same trend of steadily increasing costs for both homeownership and renting. Housing stock is aging; nearly 70 percent of residential units were built prior to 1980. There are many housing resources in the City and County for low-income, special needs, and homeless households. The Housing Authority of the County of San Bernardino (HACSB) is the largest provider of affordable housing in the County. The HACSB owns and/or manages more than 10,000 housing units and serves approximately 30,000 individuals throughout the County. For special needs, in the City of San Bernardino alone, there are 39 adult residential facilities providing capacity to accommodate 835 persons; there are 24 residential elder care facilities in the City that accommodate 505 persons. Finally, the City utilizes the Emergency Solutions Grant (ESG) program to support services that include emergency shelter, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. There continue to be barriers to the provision of affordable housing. But through many initiatives and supportive services funded by local and federal resources, efforts are continuously being made to increase affordable housing units, provide supportive services and job training, and offer other tools to build the workforce for a strong community. Packet Page. 166 Consolidated Plan SAN BERNARDINO 96 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-10 Geographic Priorities – 91.215 (a)(1) Geographic Area Table 47 - Geographic Priority Areas 1 Area Name: CityWide Area Type: Local Target area Other Target Area Description: HUD Approval Date: % of Low/ Mod: Revital Type: Other Other Revital Description: Housing & Public Services Identify the neighborhood boundaries for this target area. San Bernardino continues to want to fund projects and services for LMI residents throughout the City. Creating inclusive neighborhoods and reducing barriers and boundardies to affordable is a high priority. Include specific housing and commercial characteristics of this target area. The City's commercial corridors are considered major hub areas of activity (routes 10, 215 and 210 and W. 5th Street). Dense residential and nonresidential development including multi-family and multi-story commercial buildings, exists in the southern half of the City in the downtown, while less dense residential neighborhoods exist in the northern most areas of the City. Around the periphery of the downtown there are medium density neighborhoods containing townhomes, apartments, doubles and dense single family housing units. How did your consultation and citizen participation process help you to identify this neighborhood as a target area? The consultation process did not pinpoint any specific region. Stakeholders and service agencies noted they assist homeless and or LMI residents located throughout the City. Identify the needs in this target area. Citywide affordable housing is an issue, particularly for extremely low and low income families. What are the opportunities for improvement in this target area? The City's housing rehabilitation, rental and homebuyers assistance, and infill development programs are the right tools to create more available affordable permanent housing units. Packet Page. 167 Consolidated Plan SAN BERNARDINO 97 OMB Control No: 2506-0117 (exp. 06/30/2018) Are there barriers to improvement in this target area? Yes, there is an ongoing issues of funding, assistance, both private and public, for affordable housing develpment and families living in poverty. 2 Area Name: LMI Areas of the City Area Type: Local Target area Other Target Area Description: HUD Approval Date: % of Low/ Mod: Revital Type: Other Other Revital Description: Public and community facilities Identify the neighborhood boundaries for this target area. LMI areas in the city are designated on attached mapping. They are the census tracts and block groups that have been designated as 51% or more as being LMI. A large majority of the City are desginated as LMI. However this designation does not apply to the census tracts located in the very northeastern portion of the City. Include specific housing and commercial characteristics of this target area. The City's commercial corridors are considered major hub areas of activity (routes 10, 215 and 210 and W. 5th Street). Dense residential and nonresidential development including multi-family and multi-story commercial buildings, exists in the southern half of the City in the downtown, while less dense residential neighborhoods exist in the northern most areas of the City. Around the periphery of the downtown there are medium density neighborhoods containing townhomes, apartments, doubles and dense single family housing units. How did your consultation and citizen participation process help you to identify this neighborhood as a target area? The consultation process did not pinpoint any specific region. City staff and officials intend to prioritize and upgrade public infrastructure and recreation facilities and community centers. Identify the needs in this target area. Aging sewer and water infrastructure, park equipment, accessibility of public streets and sidewalks, and community facilities. What are the opportunities for improvement in this target area? Improve aging facilities that could, if left go, affect the health and safety of the community residents. Packet Page. 168 Consolidated Plan SAN BERNARDINO 98 OMB Control No: 2506-0117 (exp. 06/30/2018) Are there barriers to improvement in this target area? The top barrier is the ability to fully-fund infrastructure projects and improve all the City parks ontop funding routine maintenance costs. General Allocation Priorities Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) The City will use most of its federal funding to finance projects targeted to low- to moderate-income households throughout the City, including those in special needs categories. Based on 2011-2015 CHAS data, 59 percent of households in the City are low- to moderate-income households. Because more than half of residents would qualify for CDBG assistance and there are no concentrated areas of poverty, the City is taking the approach of allocating CDBG funds across the whole City. Packet Page. 169 Consolidated Plan SAN BERNARDINO 99 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-25 Priority Needs - 91.215(a)(2) Priority Needs Table 48 – Priority Needs Summary 1 Priority Need Name Preserve and Rehabilitate Housing Priority Level High Population Low Moderate Large Families Families with Children Elderly Persons with Physical Disabilities Geographic Areas Affected CityWide Associated Goals Preserve and Rehabilitate Housing Description The preservation and rehabilitation of single-family owner-occupied housing and multi-family rental units. Basis for Relative Priority As discussed in MA-20, 67 percent of both owner-occupied housing (18,125) and rental units (20,735) were built prior to 1980. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. Community engagement efforts also identified a need for housing rehabilitation. 2 Priority Need Name Expand Home Ownership Priority Level High Population Low Moderate Large Families Families with Children Geographic Areas Affected CityWide Packet Page. 170 Consolidated Plan SAN BERNARDINO 100 OMB Control No: 2506-0117 (exp. 06/30/2018) Associated Goals Expand Home Ownership Description Affordable homeownership housing units added and first-time homebuyer assistance programs. Basis for Relative Priority The median income of the City is approximately $16,000 lower than the national average; however, the cost of living in the County is higher than the national average. Consequently, City residents will likely need assistance to secure their first home without incurring a cost burden. Survey respondents also identified a first-time homebuyer program as a critical housing need. 3 Priority Need Name Provide Homeless and Homeless Prevention Services Priority Level High Population Extremely Low Low Moderate Families with Children Elderly Public Housing Residents Chronic Homelessness Individuals Chronic Substance Abuse veterans Victims of Domestic Violence Unaccompanied Youth Frail Elderly Persons with Mental Disabilities Persons with Physical Disabilities Persons with Developmental Disabilities Persons with Alcohol or Other Addictions Persons with HIV/AIDS and their Families Geographic Areas Affected CityWide Associated Goals Provide Homeless and Homeless Prevention Services Description Provide emergency shelters, rapid rehousing, and homelessness prevention services to homeless individuals and persons at risk of homelessness. Packet Page. 171 Consolidated Plan SAN BERNARDINO 101 OMB Control No: 2506-0117 (exp. 06/30/2018) Basis for Relative Priority As discussed in NA-20, there are approximately 890 homeless individuals living in the City of San Bernardino. Discussions with the San Bernardino County Homeless Partnership identified that homeless individuals are in need of services to alleviate or prevent homelessness. 4 Priority Need Name New Affordable Rental Housing Priority Level High Population Extremely Low Low Moderate Large Families Families with Children Elderly Frail Elderly Persons with Mental Disabilities Persons with Physical Disabilities Geographic Areas Affected CityWide Associated Goals Preserve and Rehabilitate Housing New Affordable Rental Housing Description New affordable rental housing (new construction or rehabilitation) and new affordable rental housing with supportive services for homeless individuals and veterans. Basis for Relative Priority There is a significant mismatch between housing supply and affordability within the City. As discussed in MA-15, there is a 11,445-unit gap for households earning between 0 and 30 percent AMI and a 2,750-unit gap for households earning between 30 and 50 percent AMI. Additionally, 17,398 low-income renter households are paying more than 30 percent of their income toward housing costs. 5 Priority Need Name Promote Economic Development Priority Level High Population Extremely Low Low Moderate Packet Page. 172 Consolidated Plan SAN BERNARDINO 102 OMB Control No: 2506-0117 (exp. 06/30/2018) Geographic Areas Affected CityWide Associated Goals Promote Economic Development Description Create job opportunities. Basis for Relative Priority The unemployment rate of the City is high at 16.6 percent. Additionally, only 10 percent of the labor force has a bachelor’s degree or higher and 21 percent have not graduated high school. Furthermore, 73 percent of survey respondents identified job creation as a critical economic development need. 6 Priority Need Name Improve Facilities and Infrastructure Priority Level High Population Extremely Low Low Moderate Families with Children Elderly Public Housing Residents Chronic Homelessness Chronic Substance Abuse veterans Victims of Domestic Violence Unaccompanied Youth Frail Elderly Persons with Mental Disabilities Persons with Physical Disabilities Persons with Developmental Disabilities Persons with Alcohol or Other Addictions Persons with HIV/AIDS and their Families Non-housing Community Development Geographic Areas Affected CityWide Associated Goals Improve Facilities and Infrastructure Description Improve public facilities including parks and accessibility upgrades Packet Page. 173 Consolidated Plan SAN BERNARDINO 103 OMB Control No: 2506-0117 (exp. 06/30/2018) Basis for Relative Priority The City of San Bernardino’s 2018-2023 Capital Improvement Plan (CIP) has indicated the need for the replacement of streetlights, pavement rehabilitation, improvement of safe routes to schools, and citywide accessibility improvements. Community engagement efforts also identified a need for street, street lighting, and water/sewage improvements within the City. 7 Priority Need Name Fair Housing Priority Level High Population Extremely Low Low Moderate Large Families Families with Children Elderly Persons with Mental Disabilities Persons with Physical Disabilities Persons with Developmental Disabilities Geographic Areas Affected CityWide Associated Goals Fair Housing Description Promote fair housing ans support fair housing services. Basis for Relative Priority Between 2015 and 2016, 114 fair housing discrimination cases were forwarded to the Office of Fair Housing and Equal Opportunity; 51.8 percent of these cases were based on disability. 8 Priority Need Name Planning and Administration Priority Level Low Population Extremely Low Low Moderate Large Families Families with Children Elderly Public Housing Residents Other Packet Page. 174 Consolidated Plan SAN BERNARDINO 104 OMB Control No: 2506-0117 (exp. 06/30/2018) Geographic Areas Affected CityWide Associated Goals Planning and Administration Description Implement goals of Consolidated Plan. Basis for Relative Priority Compliance with all HUD Consolidated Plan and CDBG, HOME, and ESG program regulations is a requirement for participation in this program. Narrative (Optional) In establishing the above priorities, the City has considered input from community engagement efforts, including the surveys, stakeholder interviews, and engagement meetings, as well as demographic and data analysis. Activities that address the high priority needs will be funded using CDBG, HOME, and ESG funds during the ConPlan period and activities that address low priority needs may be funded by these funds pending availability. Packet Page. 175 Consolidated Plan SAN BERNARDINO 105 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-30 Influence of Market Conditions – 91.215 (b) Influence of Market Conditions Affordable Housing Type Market Characteristics that will influence the use of funds available for housing type Tenant Based Rental Assistance (TBRA) The City does not offer TBRA. TBRA for Non- Homeless Special Needs The City does not offer TBRA. New Unit Production As discussed in the Market Assessment, there is a gap of 11,445 housing units for those earning less than 30 percent AMI and a gap of 2,750 housing units for those earning between 30 and 50 percent AMI. Rehabilitation As discussed in the Market Assessment, approximately 67 percent of owner- occupied housing and 68 percent of renter-occupied housing was built before 1980. Generally, housing begins to require major repairs after 30 or 40 years of age. Acquisition, including preservation The abundance of land within the City may make this option less desirable than new unit production; however, if acquisition costs are not too high, then rehabilitation can be less expensive than new construction Table 49 – Influence of Market Conditions Packet Page. 176 Consolidated Plan SAN BERNARDINO 106 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-35 Anticipated Resources - 91.215(a)(4), 91.220(c)(1,2) Introduction San Bernardino estimates they will receive roughly $25 Million over the next five years from CDBG, HOME and ESG funds. In year 1 the City will receive: CDBG $3,405,816 HOME $1,404,784 ESG $295,799 Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 3,405,816 817,368 0 4,223,184 13,200,000 The estimated amount of CDBG funds available over the planning period is based on allocations for FY 2019-2020. Packet Page. 177 Consolidated Plan SAN BERNARDINO 107 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,404,784 1,965,694 0 3,370,478 10,750,000 The estimated amount of HOME funds available over the planning period is based on allocations for FY 2019-2020. ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 295,799 0 0 295,799 1,500,000 The estimated amount of ESG funds available over the planning period is based on allocations for FY 2019-2020. Table 50 - Anticipated Resources Packet Page. 178 Consolidated Plan SAN BERNARDINO 108 OMB Control No: 2506-0117 (exp. 06/30/2018) Explain how federal funds will leverage those additional resources (private, state and local funds), including a descrip tion of how matching requirements will be satisfied The City will leverage its federal resources with state and private capital in order to develop quality affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including: Federal Resources. Section 8 Housing Choice Voucher Program, Federal Low-Income Housing Tax Credit Program, Tax Exempt Bond Financing, Community Investment Funds from Dignity Health State Resources. Tax Exempt bonds, State Low-Income Housing Tax Credit Program, No Place Like Home, Community Reinvestments Funds, Permanent Local Housing Allocation (PLHA) from California State Department of Housing, Veteran Housing and Homeless Prevention Program. In 2017, the governor signed the Building Homes and Jobs Act (SB 2), which established a $75 recording fee on real estate documents to increase the supply of affordable housing in California. Funding is used to help cities and counties accelerate housing production, streamline approval of housing development, facilitate housing affordability, promote development, and ensure geographic equity in the distribution of funds. The City submitted a grant application under SB 2 to the California Department of Housing and Community Development for the sum of $625,000. Local Resources. San Bernardino County Continuum of Care, Housing Authority of San Bernardino County (HACSB) Private Resources. Dignity Health, San Manuel Band of Mission Indians, San Bernardino Unified School District, City of San Bernardino Successor Housing Agency HOME Match. HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In FY 2019-2020, the City received a 100 percent match reduction due to severe fiscal distress. It is anticipated that in 2020-2021 the City will also receive a 100 percent match reduction. If a reduction is not granted, the City of San Bernardino will continue to leverage its HOME funds with other housing resources. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year. ESG Match. HUD requires ESG recipients to match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions and funds from other local, state and federal programs. In addition, qualified City staff will provide in-kind services for necessary program oversight, review project work receipts, and Packet Page. 179 Consolidated Plan SAN BERNARDINO 109 OMB Control No: 2506-0117 (exp. 06/30/2018) administer other matching funds from state and federal programs, such as CDBG. Staff timecards will be used to document all in-kind service hours. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the nee ds identified in the plan According to the City’s 2013-2021 Housing Element update, the City of San Bernardino has enough vacant land and land designated for residential use to satisfy all projected housing needs. Additionally, the City has not identified any constraints on these sites that would prevent development or reuse. The City estimates that 12,918 housing units could be accommodated on this land. Additionally, the governor of California continues to explore the use of state and federal surplus property to provide housing for homeless individuals Discussion The City has enough available land and residential designations to meet the affordable housing needs of the community. HUD allocations are critical to meeting these needs; however, they are not sufficient to address all the needs of LMI households. Therefore, the City will continue to continue to leverage other funding sources to provide services to populations in need. Packet Page. 180 Consolidated Plan SAN BERNARDINO 110 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-40 Institutional Delivery Structure – 91.215(k) Explain the institutional structure through which the jurisdiction will carry out its consolidated plan including private industry, non-profit organizations, and public institutions. Responsible Entity Responsible Entity Type Role Geographic Area Served CITY OF SAN BERNARDINO Government Economic Development Homelessness Non-homeless special needs Planning neighborhood improvements public facilities public services Jurisdiction SAN BERNARDINO COUNTY HOUSING AUTHORITY PHA Public Housing Rental Region San Bernardino County Homeless Partnership Continuum of care Homelessness Region Table 51 - Institutional Delivery Structure Assess of Strengths and Gaps in the Institutional Delivery System The City has invested significantly in its CDBG, HOME, and ESG programs, specifically for consulting, auditing, and program design; however, it remains financially constrained. The City continues to improve its capacity and effectiveness in using federal funding. Additionally, the City of San Bernardino participates in the San Bernardino County Homeless Partnership (SBCHP) through the Central Valley Steering Committee on the Interagency Council on Homelessness, which directs the SBCHP. The SBCHP coordinates homeless services and housing throughout the County. The partnership understands that homelessness is a massive issue which takes an enormous amount of planning and resources to address. Given this, the SBCHP continually tries to address gaps in its institutional structure and bolster its strengths. A gap analysis is performed annually to determine gaps in the service and structure of the partnership. The primary gap identified is a lack of funding to house or shelter all homeless individuals in the County. As identified in NA-40, there are approximately 2,600 homeless individuals living in San Bernardino County. Packet Page. 181 Consolidated Plan SAN BERNARDINO 111 OMB Control No: 2506-0117 (exp. 06/30/2018) Availability of services targeted to homeless persons and persons with HIV a nd mainstream services Homelessness Prevention Services Available in the Community Targeted to Homeless Targeted to People with HIV Homelessness Prevention Services Counseling/Advocacy X X Legal Assistance X Mortgage Assistance X Rental Assistance X Utilities Assistance Street Outreach Services Law Enforcement Mobile Clinics Other Street Outreach Services X X Supportive Services Alcohol & Drug Abuse X X Child Care X X Education Employment and Employment Training X X Healthcare X X X HIV/AIDS X X X Life Skills X X Mental Health Counseling X X Transportation X X Other Table 52 - Homeless Prevention Services Summary Describe how the service delivery system including, but not limited to, the services listed above meet the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans and their families, and unacc ompanied youth) Besides CDBG funding, ESG funding is also used to combat homelessness within the City. The City coordinates with emergency shelters and funds nonprofit agencies that operate emergency shelters and transitional housing. These shelters offer basic needs and drop-in services. Transitional housing provides assistance in helping homeless individuals become more stable and continue independent living. Additionally, the SBCHP coordinates homeless services and housing throughout the County, including for the City of San Bernardino. The partnership has created an initiative to house veteran families, which has resulted in 1,260 veteran families being housed between 2015 and 2020. The SBCHP also has created initiatives to house the elderly and chronically homeless population. Packet Page. 182 Consolidated Plan SAN BERNARDINO 112 OMB Control No: 2506-0117 (exp. 06/30/2018) Furthermore, the organization has partnered with the Inland Empire Health Plan to provide health care services to homeless individuals throughout the County. Describe the strengths and gaps of the service delivery system for special needs population and persons experiencing homelessness, including, but not limited to, the services listed above Numerous resources are available for homeless individuals living with HIV/AIDS in the County, including service providers which provide permanent supportive housing. Additionally, the Inland Empire Health Plan serves anyone who is chronically homeless, which is defined as an individual who is homeless for more than a year or homeless four or more times in three years and has a disabling health condition, which includes HIV/AIDS. The SBCHP identifies a significant gap of resources for elderly persons and persons with disabilities. On average, elderly persons and persons with disabilities receive approximately $1,000 per month in social security income (SSI). However, the HUD fair market rent for the County is $986 for a one-bedroom unit. This leaves individuals receiving SSI without the means to afford housing, potentially leaving some homeless. Provide a summary of the strategy for overcoming gap s in the institutional structure and service delivery system for carrying out a strategy to address priority needs Currently, the SBCHP works with 62 homeless service providers and all cities within the County. Steering committees, comprising service providers and representatives from some of these cities, including the City of San Bernardino, contribute to the partnership’s decision-making process. The partnership encourages continued participation to overcome gaps in institutional structure. Additionally, the SBCHP performs an annual gap analysis to determine areas in which the partnership can improve. The partnership is continually finding ways to fill gaps in services, including through partnerships with nonprofits, businesses, and municipalities as well as through new approaches to problem solving. This includes motel, hotel, shared, and bridge housing as well as employment training. Packet Page. 183 Consolidated Plan SAN BERNARDINO 113 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-45 Goals Summary – 91.215(a)(4) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Preserve and Rehabilitate Housing 2020 2025 Affordable Housing CityWide Preserve and Rehabilitate Housing New Affordable Rental Housing HOME: $3,500,000 Rental units rehabilitated: 400 Household Housing Unit Homeowner Housing Rehabilitated: 50 Household Housing Unit 2 Expand Home Ownership 2020 2025 Affordable Housing CityWide Expand Home Ownership HOME: $500,000 Homeowner Housing Added: 100 Household Housing Unit Direct Financial Assistance to Homebuyers: 10 Households Assisted 3 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless CityWide Provide Homeless and Homeless Prevention Services ESG: $1,795,799 Public service activities other than Low/Moderate Income Housing Benefit: 3000 Persons Assisted 4 New Affordable Rental Housing 2020 2025 Affordable Housing CityWide New Affordable Rental Housing HOME: $7,296,500 Rental units constructed: 500 Household Housing Unit Packet Page. 184 Consolidated Plan SAN BERNARDINO 114 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 5 Promote Economic Development 2020 2025 Economic Development CityWide Promote Economic Development CDBG: $300,000 Public service activities other than Low/Moderate Income Housing Benefit: 50 Persons Assisted 6 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide LMI Areas of the City Improve Facilities and Infrastructure CDBG: $12,500,000 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 160000 Persons Assisted 7 Fair Housing 2020 2025 Non-Housing Community Development CityWide Fair Housing CDBG: $400,000 Public service activities other than Low/Moderate Income Housing Benefit: 5000 Persons Assisted 8 Planning and Administration 2020 2025 Program administration funds CityWide Planning and Administration CDBG: $4,223,184 HOME: $2,823,978 Other: 1 Other Table 53 – Goals Summary Goal Descriptions 1 Goal Name Preserve and Rehabilitate Housing Goal Description Provide funding for homeowner-occupied and rental housing rehabilitation. Packet Page. 185 Consolidated Plan SAN BERNARDINO 115 OMB Control No: 2506-0117 (exp. 06/30/2018) 2 Goal Name Expand Home Ownership Goal Description Provide funding for the construction of new owner housing units and first-time homebuyer assistance programs, such as down payment assistance. Additionally, NSP funds are being used for new home construction. 3 Goal Name Provide Homeless and Homeless Prevention Services Goal Description Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. 4 Goal Name New Affordable Rental Housing Goal Description Provide funding for new affordable rental housing (new construction or rehabilitation) and affordable rental housing with supportive services for homeless individuals and veterans. 5 Goal Name Promote Economic Development Goal Description Provide funding for the City's Micro-Enterprise Program as well as support programs and projects that create jobs, promote economic revitalization. 6 Goal Name Improve Facilities and Infrastructure Goal Description Provide funding to improve public facilities and infrastructure, including parks, community centers, and sidewalks. 7 Goal Name Fair Housing Goal Description Promote fair housing choice through the following activities: fair housing education, fair housing testing, housing assistance hotline, and landlord-tenant mediation. 8 Goal Name Planning and Administration Goal Description Provide funding to implement the goals and objectives of the ConPlan, comply with planning and reporting requirements, and monitor use of the funds. Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.315(b)(2) Packet Page. 186 Consolidated Plan SAN BERNARDINO 116 OMB Control No: 2506-0117 (exp. 06/30/2018) The City estimates that HOME funds will provide affordable housing to approximately total 510 households over the life of the ConPlan period. Aproximately 40% (204 units) of the units will be obtained by extremely low income, 50% (255 units) to low income and 10% (51 units) to moderate income families. In 2020-2021 239 rental units will be rehabilitated, 2 new owner-occupied housing units will be constructed, 100 new rental units will be added and 4 low income families will receive financial assistance for home ownership. Packet Page. 187 Consolidated Plan SAN BERNARDINO 117 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-50 Public Housing Accessibility and Involvement – 91.215(c) Need to Increase the Number of Accessible Units (if Required by a Section 504 Voluntary Compliance Agreement) Households in California with at least one member living with a disability have a median household income of $56,600, approximately $26,000 less than the median household income of all households at $82,000. Consequently, the need for accessible affordable units would be high for this population. As discussed in NA-35, the average annual income of all vouchers holders is approximately $14,084, which indicates these voucher holders have limited income to cover basic transportation, medical, food, and personal needs. As indicated in NA-35, 5,277 voucher holders (37 percent) have requested some type of accessible feature, demonstrating a need. Given the number of persons with disabilities across the County, the need for accessible units would be great. Activities to Increase Resident Involvements The City does not own public housing units. HACSB Board of Commissioners has regular meetings twice per month that call for public comment on agenda items. The HACSB also operates a Family Self Sufficiency Program designed so that residents can be involved in the development of self-sufficiency goals, job training, and other services. The City provides several programs that public housing residents can participate including the First Time Homebuyers Program which funds homebuyers with an income range between 50% and 80% AMI. The City's Infill Program also caters to eligible LMI families wanting to purchase a home. The City works with HACSB to provide homeownership opportunities as they are available. Is the public housing agency designated as troubled under 24 CFR part 902? No Plan to remove the ‘troubled’ designation The City is not designated as troubled. Packet Page. 188 Consolidated Plan SAN BERNARDINO 118 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-55 Barriers to affordable housing – 91.215(h) Barriers to Affordable Housing The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: Funding for affordable housing usually comes from the government at the local, state, or federal levels or from nonprofit organizations specializing in the construction of affordable housing. Before 2012, redevelopment had the ability to borrow against future property tax revenue in order to finance capital projects and address blight; 20 percent of redevelopment money was required to be allocated toward affordable housing. Due to state budgetary problems, redevelopment agencies were dissolved. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Review: Environmental review can be a long process and is expensive if extensive environmental review is required under the California Environmental Quality Act (CEQA) or the National Environmental Policy Act. Additionally, if a developer is applying to rezone an area or parcel, an amendment to the General Plan or Zoning Ordinance is required, which is a project under CEQA. Such an amendment requires environmental review, which can become a long and even political process that can slow or even stop the development of projects. Site Improvements: Many parts of the City of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Infrastructure and Impact Fees: Impact fees are charged to housing developers to pay for City infrastructure that will support the project, or pay for parks or other City services that protect the welfare of residents. A primary financial deterrent for developers is the high cost of impact fees. Construction costs, permitting fees, and impact fees are passed on to the consumer, driving up the cost of housing at all income levels. Packet Page. 189 Consolidated Plan SAN BERNARDINO 119 OMB Control No: 2506-0117 (exp. 06/30/2018) State and Federal Davis-Bacon Prevailing Wages: The state Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multifamily project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Strategy to Remove or Ameliorate the Barriers to Affordable Housing The City continues to make the development process more efficient for developers through amendments to the Development Code. The City plans to make the following updates to its development code: General Lot Consolidation Incentive – This incentive would increase development potential by allowing a 15 percent density bonus for projects with a residential component, maintenance plan, and on-site management. Density Bonus Provisions – The City plans to update the Development Code to reflect the latest amendments to state density bonus law. Transitional and Supportive Housing – The City plans to update the Development Code to adequately define transitional and permanent supportive housing to eliminate confusion and facilitate the review and approval process for this housing type. Streamlined Processing – The City plans to analyze potential programs that seek to eliminate land use constraints related to the development of new housing and rehabilitation of existing housing. Additionally, the City has applied for an SB 2 planning grant to assist with streamlining. Packet Page. 190 Consolidated Plan SAN BERNARDINO 120 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-60 Homelessness Strategy – 91.215(d) Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of San Bernardino provides ESG funding to Step Up on Second (Step Up), which provides essential service referrals and housing placement services to homeless persons and near-homeless persons. Step Up also provides daily mobile outreach to the most service-resistant homeless population in the City. Addressing the emergency and transitional housing needs of homeless persons The City funds nonprofits that operate emergency shelters and transitional housing for homeless individuals. Emergency shelters provide shelter, nutrition, supportive services, counseling, medical treatment, transportation assistance, referrals to mental health and social service agencies, and housing assistance. Transitional housing programs provide shelter and services such as job training, financial literacy training, drug and alcohol rehabilitation, and counseling to help individuals reestablish independent living. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again. The City will provide ESG funding for supportive services to assist homeless individuals, including funding for emergency shelters, rapid rehousing, homelessness prevention, and street outreach. The City will also fund nonprofit agencies that operate emergency shelters and provide services to help homeless individuals stabilize and live independently. The City will continue to fund nonprofits that help homeless individuals transition to permanent housing. Help low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families who are likely to become homeless after being discharged from a publicly funded institution or system of care, or who are receiving assistance from public and private agencies that address housing, health, social services, employment, education or youth needs As discussed above, the City funds a number of nonprofits that provide homeless prevention services to those at risk of homelessness. Additionally, the Coordinated Entry System (CES) is used to quickly identify, assess, refer, and connect clients to housing assistance and services in the event they are Packet Page. 191 Consolidated Plan SAN BERNARDINO 121 OMB Control No: 2506-0117 (exp. 06/30/2018) hospitalized. The City also collaborates with St. Bernardine’s Hospital and Community Hospital in the City of San Bernardino to connect homeless patients with bridge housing. Packet Page. 192 Consolidated Plan SAN BERNARDINO 122 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-65 Lead based paint Hazards – 91.215(i) Actions to address LBP hazards and increase access to housing without LBP hazards The City follows all applicable lead-based paint hazard (LBP) regulations, which primarily affect projects funded by the City’s Housing Rehabilitation Program. All applicants are notified about LBP risk and, if they are low-income and have a child under six at home, are then referred to the County’s LBP Abatement Program for free paint inspections, lead testing for children, information about LBP, and abatement. In general, housing built after 1977, zero-bedroom units, and housing for the elderly or disabled persons (unless children are present) are exempt from this rule. How are the actions listed above related to the extent of lead poisoning and hazards? Units built prior to 1980 may contain LBP, to which children under the age of six years are especially vulnerable. As discussed in MA-20, approximately 31,000 housing units were built prior to 1980, of which approximately 6,500 are occupied by children under six years of age. How are the actions listed above integrated into housing policies and procedures? The City, as part of its Housing Rehabilitation Program, requires that all LBP be controlled or abated and disposed of properly to eliminate or reduce the hazard of environmental or human contamination. Packet Page. 193 Consolidated Plan SAN BERNARDINO 123 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-70 Anti-Poverty Strategy – 91.215(j) Jurisdiction Goals, Programs and Policies for reducing the number of Poverty -Level Families The City annually allocates federal funds for economic development activities, which includes microloan programs and Section 108 loan repayment. HUD’s Section 108 Loan Guarantee Program provides CDBG recipients with financing for economic development activities. The goal of the program is to provide the public investment needed to catalyze private economic activity in underserved areas. The City utilizes Section 108 financing to acquire properties for the development of commercial centers and in the process creates jobs for City residents. Additionally, the City uses its CDBG, HOME, and ESG funds to reduce the number of poverty-level families through the provision of supportive services and housing assistance. Specifically, at least 70 percent of CDBG dollars must be used to benefit low- to moderate-income families. How are the Jurisdiction poverty reducing goals, programs, and policies coordinated with this affordable housing plan The City allocated up to 15 percent of its CDBG funds annually to public and nonprofit service providers to offer a range of supportive services, including those that fight poverty. Additionally, the City is using its funds to support other activities that address poverty, such as housing rehabilitation, homeownership programs, rental assistance, and economic development. Packet Page. 194 Consolidated Plan SAN BERNARDINO 124 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-80 Monitoring – 91.230 Describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan and will use to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City undertakes monitoring: program monitoring for ESG, CDBG and HOME. ESG. The City is required to monitor Sub-Recipients for compliance with ESG regulations. As per Federal regulations, 24 CFR Part 576 of HUD’s Monitoring Guidance for the ESG Program, the City has developed comprehensive monitoring process. As part of the monthly claim reimbursement process, a desk audit will be conducted on each claim prior to approval for payment. Additional information or documentation may be requested, at the time of desk audit. A recipient will be notified 30 days in advance of the monitoring visit and interview and provided with a monitoring checklist, tools and resources. After the monitoring visit, the City will provide Sub-Recipient with a written monitoring report inclusive of any findings, concerns or comments. If required, the sub-recipient must provide timely corrective action to findings and failure to do so may result in the withholding and/or return of ESG funds to the City or other possible remedies as described in the Sub-Recipient Agreement signed by Sub-Recipient and the City (See attached Sub-Recipient monitoring checklist). HOME. The City provides ongoing monitoring and conducts annual inspections in order to ensure compliance with the following requirements for its TBRA program: Units must meet Section 8 Housing Quality Standards (HQS) and meet lead-based paint standards per the Lead Safe Housing Rule of 24 CFR Part 35, Units must be of an appropriate size for the household based on either local or state codes or a PJ’s established standard, Any rent increases by the landlord must be reviewed and approved by the PJ throughout the length of the household’s TBRA assistance contract. Staff is required to create an affordable housing monitoring file for each HOME assisted rental property; with the contents of the file generally including a copy of the recorded affordability covenant, a summary coversheet detailing the specific affordability requirements for the property as described within the covenant, annual HOME Income Limit Tables, annual HOME rent schedules, all utility allowance schedules. Program staff shall retain copies of all correspondence related to the property owner. CDBG. HD Staff performs monitoring visits at Subrecipient locations to determine compliance with federal rules and regulations and in accordance with 2 CFR 200.330 and 2 CFR 200.331. Monitoring visits involve HD Staff members who examine program and financial matters related to the City’s CDBG Program. Subrecipients answer a series of questions that are consistent with the CDBG Subrecipient Monitoring Checklist, which includes questions pertaining to the CDBG Program and other federal requirements (See CDBG Monitoring Checklist). Program staff has developed the following monitoring procedures to ensure consistency with HUD’s recommended best practices: Send notification letter/e- mail to Subrecipient prior to scheduled monitoring visit, Conduct entrance interview, Complete CDBG Subrecipient Monitoring Checklist, including determination if Subrecipient is subject to Single Audit Packet Page. 195 Consolidated Plan SAN BERNARDINO 125 OMB Control No: 2506-0117 (exp. 06/30/2018) requirement (i.e., those that receive more than $750,000 in federal grants), Conduct exit interview, Send follow-up monitoring response to the Subrecipient within 15 working days of the completion of the monitoring, Allow Subrecipient 15 days to respond to findings and/or concerns, Reply to Subrecipient’s response within 15 days of receipt, and Send clearance letter to Subrecipient. Packet Page. 196 Consolidated Plan SAN BERNARDINO 126 OMB Control No: 2506-0117 (exp. 06/30/2018) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction San Bernardino estimates they will receive roughly $25 Million over the next five years from CDBG, HOME and ESG funds. In year 1 the City will receive: CDBG $3,405,816 HOME $1,404,784 ESG $295,799 Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 3,405,816 817,368 0 4,223,184 13,200,000 The estimated amount of CDBG funds available over the planning period is based on allocations for FY 2019-2020. Packet Page. 197 Consolidated Plan SAN BERNARDINO 127 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,404,784 1,965,694 0 3,370,478 10,750,000 The estimated amount of HOME funds available over the planning period is based on allocations for FY 2019-2020. ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 295,799 0 0 295,799 1,500,000 The estimated amount of ESG funds available over the planning period is based on allocations for FY 2019-2020. Table 54 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Packet Page. 198 Consolidated Plan SAN BERNARDINO 128 OMB Control No: 2506-0117 (exp. 06/30/2018) The City will leverage its federal resources with state and private capital in order to develop quality affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including: Federal Resources. Section 8 Housing Choice Voucher Program, Federal Low-Income Housing Tax Credit Program, Tax Exempt Bond Financing, Community Investment Funds from Dignity Health State Resources. Tax Exempt bonds, State Low-Income Housing Tax Credit Program, No Place Like Home, Community Reinvestments Funds, Permanent Local Housing Allocation (PLHA) from California State Department of Housing, Veteran Housing and Homeless Prevention Program. In 2017, the governor signed the Building Homes and Jobs Act (SB 2), which established a $75 recording fee on real estate documents to increase the supply of affordable housing in California. Funding is used to help cities and counties accelerate housing production, streamline approval of housing development, facilitate housing affordability, promote development, and ensure geographic equity in the distribution of funds. The City submitted a grant application under SB 2 to the California Department of Housing and Community Development for the sum of $625,000. Local Resources. San Bernardino County Continuum of Care, Housing Authority of San Bernardino County (HACSB) Private Resources. Dignity Health, San Manuel Band of Mission Indians, San Bernardino Unified School District, City of San Bernardino Successor Housing Agency HOME Match. HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In FY 2019-2020, the City received a 100 percent match reduction due to severe fiscal distress. It is anticipated that in 2020-2021 the City will also receive a 100 percent match reduction. If a reduction is not granted, the City of San Bernardino will continue to leverage its HOME funds with other housing resources. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year. ESG Match. HUD requires ESG recipients to match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions and funds from other local, state and federal programs. In addition, qualified City staff will provide in-kind services for necessary program oversight, review project work receipts, and administer other matching funds from state and federal programs, such as CDBG. Staff timecards will be used to document all in-kind service hours. Packet Page. 199 Consolidated Plan SAN BERNARDINO 129 OMB Control No: 2506-0117 (exp. 06/30/2018) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan According to the City’s 2013-2021 Housing Element update, the City of San Bernardino has enough vacant land and land designated for residential use to satisfy all projected housing needs. Additionally, the City has not identified any constraints on these sites that would prevent development or reuse. The City estimates that 12,918 housing units could be accommodated on this land. Additionally, the governor of California continues to explore the use of state and federal surplus property to provide housing for homeless individuals Discussion The City has enough available land and residential designations to meet the affordable housing needs of the community. HUD allocations are critical to meeting these needs; however, they are not sufficient to address all the needs of LMI households. Therefore, the City will continue to continue to leverage other funding sources to provide services to populations in need. Packet Page. 200 Consolidated Plan SAN BERNARDINO 130 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Expand Home Ownership 2020 2025 Affordable Housing CityWide Expand Home Ownership HOME: $910,718 Homeowner Housing Added: 6 Household Housing Unit 2 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless CityWide Provide Homeless and Homeless Prevention Services ESG: $273,614 Tenant-based rental assistance / Rapid Rehousing: 20 Households Assisted Homeless Person Overnight Shelter: 130 Persons Assisted Overnight/Emergency Shelter/Transitional Housing Beds added: 220 Beds 3 New Affordable Rental Housing 2020 2025 Affordable Housing CityWide Preserve and Rehabilitate Housing HOME: $1,789,282 Rental units constructed: 100 Household Housing Unit 4 Preserve and Rehabilitate Housing 2020 2025 Affordable Housing CityWide Preserve and Rehabilitate Housing HOME: $500,000 Rental units rehabilitated: 239 Household Housing Unit 5 Promote Economic Development 2020 2025 Economic Development CityWide Promote Economic Development CDBG: $798,021 Public service activities other than Low/Moderate Income Housing Benefit: 10 Persons Assisted Packet Page. 201 Consolidated Plan SAN BERNARDINO 131 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide LMI Areas of the City Improve Facilities and Infrastructure CDBG: $2,671,000 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 32000 Persons Assisted 7 Fair Housing 2020 2025 Non-Housing Community Development CityWide Fair Housing CDBG: $73,000 Public service activities other than Low/Moderate Income Housing Benefit: 1000 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 0 Households Assisted 8 Planning and Administration 2020 2025 Program administration funds CityWide Preserve and Rehabilitate Housing Expand Home Ownership Provide Homeless and Homeless Prevention Services New Affordable Rental Housing Promote Economic Development Improve Facilities and Infrastructure Fair Housing CDBG: $681,163 HOME: $140,478 ESG: $22,185 Other: 1 Other Table 55 – Goals Summary Packet Page. 202 Consolidated Plan SAN BERNARDINO 132 OMB Control No: 2506-0117 (exp. 06/30/2018) Goal Descriptions 1 Goal Name Expand Home Ownership Goal Description There are 2 projects proposed that will expand home ownership opportunities: 1. $700,000 in HOME funds for 4 new infill owner-occupied units city-wide 2. $210,718 in HOME-CHDO funds for 2 new owner-occupied units city-wide 2 Goal Name Provide Homeless and Homeless Prevention Services Goal Description The City intends to fund public service programs and activities related to homelessness. Activities include: rapid rehousing, emergency shelters, increase the number of shelter and transitional housing beds as well as homelessness prevention programs. 3 Goal Name New Affordable Rental Housing Goal Description 100 new affordable rental units will be constructed in Seccombe Park. 4 Goal Name Preserve and Rehabilitate Housing Goal Description Rehabilitate 239 affordable rental units in 2601-2675 W 2nd Street. 5 Goal Name Promote Economic Development Goal Description Funding will be provided tha twill assist a minimum of 10 small businesses. Funding will also be used for Section 108 Loan repayment for a revitalization project on HIghland Avenue. The project is slated to create and retain 214 jobs. 6 Goal Name Improve Facilities and Infrastructure Goal Description Funding will be used to improve five community facilities including three parks, a community center and a senior center. Packet Page. 203 Consolidated Plan SAN BERNARDINO 133 OMB Control No: 2506-0117 (exp. 06/30/2018) 7 Goal Name Fair Housing Goal Description Funds will be provided for IFHMB to provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. 8 Goal Name Planning and Administration Goal Description Funds are allocated for City staff for planning and administration of HOME, CDBG, ESG funds for the various projects and grantee monitoring requirements. Packet Page. 204 Consolidated Plan SAN BERNARDINO 134 OMB Control No: 2506-0117 (exp. 06/30/2018) Projects AP-35 Projects – 91.220(d) Introduction With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund eligible projects in the following categories: preserve and rehabilitate housing; improve neighborhood conditions; expand homeownership opportunities; provide supportive services; new affordable housing construction or rehabilitation; new affordable housing construction; promote economic development; improve facilities and infrastructure; fair housing, and program planning and administration. Projects # Project Name 1 Infill Housing Program 2 First Time Home Ownership 3 Homeless Outreach and Homeless Prevention 4 New Rental Housing Construction 5 Affordable Rental Housing Rehabilitation 6 Micro-Enterprise Program 7 Section 108 Repayment Program - Promote Economic Development 8 Improve Public Facilities and Infrastructure 9 Fair Housing 10 Planning & Administration Table 56 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The allocation priorities are a result of input received from the community and based on the identified needs such as the state of the City's infrastructure, housing stock and poverty. The primary obstacle in addressing underserved needs is insufficient resources to meet the ongoing needs of persons, especially those with special needs such as the homeless. Packet Page. 205 Consolidated Plan SAN BERNARDINO 135 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-38 Project Summary Project Summary Information Packet Page. 206 Consolidated Plan SAN BERNARDINO 136 OMB Control No: 2506-0117 (exp. 06/30/2018) 1 Project Name Infill Housing Program Target Area CityWide Goals Supported Expand Home Ownership Needs Addressed Expand Home Ownership Funding HOME: $700,000 Description Construction of single family ownership housing on vacant City-owned lots. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Four(4) families will benefit from this project. Location Description Citywide Planned Activities Homeownership Housing units added. 2 Project Name First Time Home Ownership Target Area CityWide Goals Supported Expand Home Ownership Needs Addressed Expand Home Ownership Funding HOME: $210,718 Description New construction of single family homes on vacant City-owned lots. This project is a CHDO project with a 15% Set-Aside. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 2 households will benefit. Location Description To be determined Planned Activities New construction of single family homes on vacant City-owned lots. Income will range 50% to 80% of Area Median Income (AMI). 3 Project Name Homeless Outreach and Homeless Prevention Target Area CityWide Packet Page. 207 Consolidated Plan SAN BERNARDINO 137 OMB Control No: 2506-0117 (exp. 06/30/2018) Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding ESG: $295,799 Description Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately 600 persons at very low income to zero income will benefit from the proposed activities. Location Description The following locations will benefit from ESG funding. 1. Community Action Partnership - 696 S. Tippecanoe Avenue, San Bernardino, CA 92408 2. Family Service Association of Redlands - 612 Lawton St, Redlands, CA 92374 3. Lutheran Social Services - 813 N D St, San Bernardino, CA 92401 4. Step Up on Second - 201 North E Street, San Bernardino, CA 92401 Planned Activities The ESG Program will fund four agencies and programs plus grant and project management. Community Action Partnership. Provide homeless persons and those at risk of homelessness with temporary rental assistance, financial literacy education and linkages to other support services. Award $54,446. Family Service Association of Redlands. Provide emergency shelter, motel vouchers, wraparound services and case management to prevent homelessness. Award $63,000. Lutheran Social Services. Provide emergency shelter as a bridge to permanent housing, wraparound services to help homeless men 18 years and older to achieve self-sufficiency. Award $70,000. Step Up On Second. Provide supportive services which begin with engagement and street outreach activities. Award $86,168 4 Project Name New Rental Housing Construction Packet Page. 208 Consolidated Plan SAN BERNARDINO 138 OMB Control No: 2506-0117 (exp. 06/30/2018) Target Area CityWide Goals Supported New Affordable Rental Housing Needs Addressed New Affordable Rental Housing Funding HOME: $1,819,282 Description New affordable rental units constructed at Seccombe Park Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 100 families will benefit from this proposed project. Location Description Seccombe Park 160 E. 5th Street San Bernardino, CA Census Tract: 58.00 Planned Activities Construction of new affordable rental housing units 5 Project Name Affordable Rental Housing Rehabilitation Target Area CityWide Goals Supported Preserve and Rehabilitate Housing Needs Addressed Preserve and Rehabilitate Housing Funding HOME: $500,000 Description Rehabilitation of 239 existing rental housing units. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 239 families will benefit from this proposed project. Location Description Property address is 2601-2675 W. 2nd Street San Bernardino, CA Planned Activities Rehabilitation of existing rental housing units. 6 Project Name Micro-Enterprise Program Target Area CityWide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Packet Page. 209 Consolidated Plan SAN BERNARDINO 139 OMB Control No: 2506-0117 (exp. 06/30/2018) Funding CDBG: $35,000 Description Provide business development training and support to income qualified existing or potential business owners. City staff monitors how many business have been created through Emprenadoras Program. Training class administration includes participant sign-in and intake forms. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately ten existing or potential business owners will be trained. Location Description Citywide - Available to all existing or potential business owners. Workshops are held at City Hall located at 201 North E Street, San Bernardino, CA and at the Mexican Consulate located at 293 North D Street, San Bernardino, CA. Planned Activities The Micro-Enterprise program promotes economic development in the City. The program provides business development training and support to income qualified participants who wish to start their own business. The Program will use CDBG funds to provide education and training for existing or potential business owners, to launch and retain a successful businesses and improve business viability. City staff monitors how many business have been created through Emprenadoras Program. Training class administration includes participant sign-in and intake forms. 7 Project Name Section 108 Repayment Program - Promote Economic Development Target Area CityWide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $763,021 Description Section 108 loan repayment for Arden Guthrie Property (B-03-MC-06- 0539, Loan number 119-090-0053-5801) obtained to forward economic revitalization and create jobs (214 jobs) in the City. Target Date 6/30/2021 Packet Page. 210 Consolidated Plan SAN BERNARDINO 140 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimate the number and type of families that will benefit from the proposed activities 214 individuals will benefit from this proposed activity. Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. Planned Activities A Section 108 loan, FY 2006, was obtained for the acquisition of 22 blighted and socially problematic apartment buildings in the North Arden Guthrie Area of the City. The City is moving forward with the sale of the property to a developer who will build a multi-tenant commercial shopping center. 8 Project Name Improve Public Facilities and Infrastructure Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG: $2,671,000 Description Three (3) parks will be funded for replacement of playground equipment in addition to an existing baseball field to be converted into a Miracle League park to be ADA compliant. A concrete/ADA project will also be funded to replace sidewalks and ADA accessibility. Encanto Community Center Phase I roof replacement/facility repairs. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 32,000 persons within households earning an income level of 30% to 50% of AMI will benefit of the improvements made to these parks and facility. Packet Page. 211 Consolidated Plan SAN BERNARDINO 141 OMB Control No: 2506-0117 (exp. 06/30/2018) Location Description The City has proposed to fund the following three (3) parks, a community center and public facilities at a senior center: 1. Meadowbrook Fields Park - 179 E Rialto Ave., San Bernardino, CA 2. Anne Shirrel Park – 1367 North California, San Bernardino, CA 3. Nicholson Park - 2737 W. 2nd Street, San Bernardino, CA (Playground equipment replacement and existing baseball field conversion) 4. Encanto Community Center – Phase 1 – 1180 W. 9th Street, San Bernardino, CA Roof replacement/facility repairs. 5. Citywide Concrete Repairs – to replace sidewalks and ADA accessibility for Fifth Street Senior Center, Perris Hill Senior Center, Ruben Campos, Lytle Creek, Rudy Hernandez, Nicholson and Delmann Heights Community Centers. Planned Activities The City plans to improve three (3) parks, a community center and public facilities at a senior center. Specifically the replacement of playground equipment to provide safe equipment for the community in addition to a Miracle League Park for ADA compliant and citywide concrete repairs. 9 Project Name Fair Housing Target Area CityWide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $73,000 Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities This program will benefit Low/Moderate Income Households/Tenants. Location Description Fair housing events and discrimination assistance will benefit aproximately 1,000 LMI households and tenants. Packet Page. 212 Consolidated Plan SAN BERNARDINO 142 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. 10 Project Name Planning & Administration Target Area CityWide Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG: $681,163 HOME: $140,478 Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME and ESG regulations.Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds. CDBG Administration: $681,163; HOME Administration: $140,478; ESG Administration: $22,185 Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities The entire city benefits from planning and administration efforts lead by the City. Location Description 201 North E Street, San Bernardino, CA 92401 Planned Activities Grant and Project Management Packet Page. 213 Consolidated Plan SAN BERNARDINO 143 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low -income and minority concentration) where assistance will be directed The City will use its funding for PY 2020-2021 to finance a variety of housing, community development, economic development, and capital improvement projects. The majority of the funding will be used to finance projects targeting low- to moderate-income individuals and families throughout the City. CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income. The 2010 U.S. Census identified approximately 68.9 percent of the City consisted of households with low or moderate incomes. A map of the Low / Moderate Income Target Areas is attached to this document. The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2010 Census, approximately 60 percent of the population is of Hispanic Origin, 19 percent is Non-Hispanic, White, 14.2 percent is Black, 3.8 percent is Asian and 2.9 percent is comprised of some “Other” race or ethnicity. Geographic Distribution Target Area Percentage of Funds CityWide 70 LMI Areas of the City 30 Table 57 - Geographic Distribution Rationale for the priorities for allocating investments geographically The funding available under the 2020-2021 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2020-2021 Action Plan, the City established priority needs based on an in depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low income neighborhoods where residents have the greatest need for housing/services. The City will focus on low to moderate income neighborhoods where there is a greatest need in the parks, such as having the playground equipment replaced, because those are the areas of greatest need. Discussion The City of San Bernardino has not designated any Neighborhood Revitalization Strategy Areas (NRSA) Packet Page. 214 Consolidated Plan SAN BERNARDINO 144 OMB Control No: 2506-0117 (exp. 06/30/2018) within in the City. Packet Page. 215 Consolidated Plan SAN BERNARDINO 145 OMB Control No: 2506-0117 (exp. 06/30/2018) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction In accordance with the Housing Needs Assessment of the Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities and 3) Provide Assistance to Renter Households. One Year Goals for the Number of Households to be Supported Homeless 45 Non-Homeless 200 Special-Needs 100 Total 345 Table 58 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 104 Rehab of Existing Units 241 Acquisition of Existing Units 0 Total 345 Table 59 - One Year Goals for Affordable Housing by Support Type Discussion The table “One Year Goals for the Number of Households to be Supported” consists of 600 homeless individual to be supported and 349 units to be built or rehabilitated. The following projects detail households that will benefit as well as the number of units in the City to be constructed or rehabed. Homeownership of two (2) housing units added in Eastpointe neighborhood. Incomes will range from 50% to 80% of Area Median Income (AMI); New Infill Housing construction of four (4) for-sale single family homes, incomes will range from 50% to 80% of Area Median Income (AMI); 100 affordable rental units to be built at Seccombe Park; and Affordable rental housing rehabilitation of 239 existing units at Foothill Villas Apartments. Packet Page. 216 Consolidated Plan SAN BERNARDINO 146 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-60 Public Housing – 91.220(h) Introduction Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals. The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord, but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD). In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents. The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino. Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following: Monitor At-Risk Units. The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units Support and Assist Local Non-Profit Organizations. In order to develop or preserve the City's affordable stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City does not own any public housing units, therefore has not undertaken efforts to encourage public housing residents to become more involved in the management of public housing units. However, the Housing Authority of the County of San Bernardino (HACSB) does undertake actions to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership program for residents of public housing. As for homeownership opportunities, the City has initiated an Infill Housing Program that will acquire Packet Page. 217 Consolidated Plan SAN BERNARDINO 147 OMB Control No: 2506-0117 (exp. 06/30/2018) distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually it has a moving to work designation which is a designation that a limited number of PHAs across the country have. Discussion See above discussion. Packet Page. 218 Consolidated Plan SAN BERNARDINO 148 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction According to the San Bernardino County 2019 Homeless PIT Count there were 883 homeless persons in the City. A total of 244 individuals were sheltered and 639 were unsheltered. To address this issue, the City will allocate approximately $295,799 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement. The City is continuing its contract in FY 2020-2021 with Step Up On Second, with the goal of reaching 78 homeless persons through street outreach, providing social service referrals to 49 of those 78 persons and facilitating the placement of 13 homeless persons into permanent housing. Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. LSSSC has submitted plans to the City for a preliminary review of a new men’s shelter with a 75-bed capacity. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of San Bernardino recognizes that homelessness is a regional issue that impacts every Packet Page. 219 Consolidated Plan SAN BERNARDINO 149 OMB Control No: 2506-0117 (exp. 06/30/2018) community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness. Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health. The City has partnered with Step Up on Second to provide street outreach services to homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing. To date, in FY 2019-2020, Step Up has housed 13 individuals and provided linkage to services to 78 persons. San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly-funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness. Packet Page. 220 Consolidated Plan SAN BERNARDINO 150 OMB Control No: 2506-0117 (exp. 06/30/2018) Discussion In 2018, the City declared a shelter crisis which allowed agencies to apply for the State’s Homeless Emergency Aid Program (HEAP) funding. Four agencies serving homeless persons in the City of San Bernardino received $2.1 million in HEAP funds that can be used over four years. The CoC’s coordinated entry system provides a single point of entry for people who are homeless to be screened and assessed for a range of CoC and City funded homeless programs, including emergency shelters, transitional housing, permanent supportive housing, and rapid rehousing services. All contracted service providers report outcomes based on the countywide outcome standards developed by the County Office of Homeless Services, in order to inform future adjustments to the service system. In FY 18-19, the City facilitated the purchase of two (2) multi-family properties by Foothill Aides Project. In FY 19-20 those properties will be rehabilitated and leased to low-income persons with HIV/Aids. Packet Page. 221 Consolidated Plan SAN BERNARDINO 151 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding was the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing. Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development, but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single-family homes and poorly maintained multifamily complexes. State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi- Packet Page. 222 Consolidated Plan SAN BERNARDINO 152 OMB Control No: 2506-0117 (exp. 06/30/2018) family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing: 1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot Consolidation. 2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower and moderate income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. 3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. 4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects. 5. The City will update its General Plan. Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the Packet Page. 223 Consolidated Plan SAN BERNARDINO 153 OMB Control No: 2506-0117 (exp. 06/30/2018) Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For PY 2020-2021, the City will continue to fund its Infill Housing Program and its Owner Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single family units owned by low and moderate income households. Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households. Packet Page. 224 Consolidated Plan SAN BERNARDINO 154 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-85 Other Actions – 91.220(k) Introduction: Priority Needs established in the FY 2020-2025 Five-Year Consolidated Plan, which form the basis for establishing objectives and outcomes in the FY 2020-2021 One-Year Action Plan, are as follows: High Priority Preserve and Rehabilitate Housing Expand homeownership opportunities Provide Homeless and Homeless Prevention Services Promote economic development and employment opportunities for low and moderate income persons. Micro-Enterprise Low Priority New affordable Rental Housing Improve and expand existing community facilities and infrastructure to meet current and future needs. Eliminate identified impediments to fair housing through education, enforcement, and testing. Planning and Administration – CDBG, HOME, and ESG New Affordable Housing Construction or Rehabilitation Expand homeownership opportunities – Infill Housing First-Time Homeownership – CHDO 15% set-aside New affordable rental housing Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development to It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds. The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households. Actions planned to foster and maintain affordable housing Packet Page. 225 Consolidated Plan SAN BERNARDINO 155 OMB Control No: 2506-0117 (exp. 06/30/2018) The City will invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner-Occupied Rehabilitation Loan Program. Actions planned to reduce lead-based paint hazards To reduce lead-based paint hazards and in accordance, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner Occupied Residential Rehabilitation Program will be tested for lead based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35. Actions planned to reduce the number of poverty-level families For PY 2020-2021, the City will support: An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate income households Micro Enterprise Program that will provide small business development training and support to income qualified clients who are wish to start their own small business. Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. The improvement of various park facilities within income-eligible areas of the City that provide recreational and support services to low- and moderate-income residents of the City. The efforts of HACSB, who provides rental assisance and conventional housing to low-income households. The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness. The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current housing or to locate another housing placement. Actions planned to develop institutional structure During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e. CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. Packet Page. 226 Consolidated Plan SAN BERNARDINO 156 OMB Control No: 2506-0117 (exp. 06/30/2018) This will allow to coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions planned to enhance coordination between public and private housing and social service agencies During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development. Discussion: The implementation of the PY 2020-2021 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies. Packet Page. 227 Consolidated Plan SAN BERNARDINO 157 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: In the implementation of programs and activities under the 2020-2021 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 817,368 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 817,368 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is Packet Page. 228 Consolidated Plan SAN BERNARDINO 158 OMB Control No: 2506-0117 (exp. 06/30/2018) as follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254: 1. If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. 2. If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount. 3. In no event shall City’s recovery exceed the amount of the Net Proceeds. The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. Packet Page. 229 Consolidated Plan SAN BERNARDINO 159 OMB Control No: 2506-0117 (exp. 06/30/2018) 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability Amount of HOME Subsidy: Less than $15,000 Period of Affordability: 5 years Amount of HOME Subsidy: $15,000 to $40,000 Period of Affordability: 10 years Amount of HOME Subsidy: More than $40,000 Period of Affordability:15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs. The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new NOFAs and RPS are released. Packet Page. 230 Consolidated Plan SAN BERNARDINO 160 OMB Control No: 2506-0117 (exp. 06/30/2018) Emergency Solutions Grant (ESG) Reference 91.220(l)(4) 1. Include written standards for providing ESG assistance (may include as attachment) Please refer to an attachment indluced in Admin (AD-26). 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low cost health and human service providers. 211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org. Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness. 3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness. The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered. Packet Page. 231 Consolidated Plan SAN BERNARDINO 161 OMB Control No: 2506-0117 (exp. 06/30/2018) Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2020-2021 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval. 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City. The ICH is charged with directing, coordinating and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations. As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC Packet Page. 232 Consolidated Plan SAN BERNARDINO 162 OMB Control No: 2506-0117 (exp. 06/30/2018) annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub- recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG. 5. Describe performance standards for evaluating ESG. ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities. ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance. Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons. Packet Page. 233 Consolidated Plan SAN BERNARDINO 163 OMB Control No: 2506-0117 (exp. 06/30/2018) See above discussion. Attachments Packet Page. 234 Consolidated Plan SAN BERNARDINO 164 OMB Control No: 2506-0117 (exp. 06/30/2018) Citizen Participation Comments Packet Page. 235 Consolidated Plan SAN BERNARDINO 165 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 236 Consolidated Plan SAN BERNARDINO 166 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 237 Consolidated Plan SAN BERNARDINO 167 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 238 Consolidated Plan SAN BERNARDINO 168 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 239 Consolidated Plan SAN BERNARDINO 169 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 240 Consolidated Plan SAN BERNARDINO 170 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 241 Consolidated Plan SAN BERNARDINO 171 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 242 Consolidated Plan SAN BERNARDINO 172 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 243 Consolidated Plan SAN BERNARDINO 173 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 244 Consolidated Plan SAN BERNARDINO 174 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 245 Consolidated Plan SAN BERNARDINO 175 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 246 Consolidated Plan SAN BERNARDINO 176 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 247 Consolidated Plan SAN BERNARDINO 177 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 248 Consolidated Plan SAN BERNARDINO 178 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 249 Consolidated Plan SAN BERNARDINO 179 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 250 Consolidated Plan SAN BERNARDINO 180 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 251 Consolidated Plan SAN BERNARDINO 181 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 252 Consolidated Plan SAN BERNARDINO 182 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 253 Consolidated Plan SAN BERNARDINO 183 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 254 Consolidated Plan SAN BERNARDINO 184 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 255 Consolidated Plan SAN BERNARDINO 185 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 256 Consolidated Plan SAN BERNARDINO 186 OMB Control No: 2506-0117 (exp. 06/30/2018) Grantee Unique Appendices Packet Page. 257 Consolidated Plan SAN BERNARDINO 187 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 258 Consolidated Plan SAN BERNARDINO 188 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 259 Consolidated Plan SAN BERNARDINO 189 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 260 Consolidated Plan SAN BERNARDINO 190 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 261 Consolidated Plan SAN BERNARDINO 191 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 262 Consolidated Plan SAN BERNARDINO 192 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 263 Consolidated Plan SAN BERNARDINO 193 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 264 Consolidated Plan SAN BERNARDINO 194 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 265 Consolidated Plan SAN BERNARDINO 195 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 266 Consolidated Plan SAN BERNARDINO 196 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 267 Consolidated Plan SAN BERNARDINO 197 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 268 Consolidated Plan SAN BERNARDINO 198 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 269 Consolidated Plan SAN BERNARDINO 199 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 270 Consolidated Plan SAN BERNARDINO 200 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 271 Consolidated Plan SAN BERNARDINO 201 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 272 Consolidated Plan SAN BERNARDINO 202 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 273 Consolidated Plan SAN BERNARDINO 203 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 274 Consolidated Plan SAN BERNARDINO 204 OMB Control No: 2506-0117 (exp. 06/30/2018) Grantee SF-424's and Certification(s) Packet Page. 275 Consolidated Plan SAN BERNARDINO 205 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 276 Consolidated Plan SAN BERNARDINO 206 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 277 Consolidated Plan SAN BERNARDINO 207 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 278 Consolidated Plan SAN BERNARDINO 208 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 279 Consolidated Plan SAN BERNARDINO 209 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 280 Consolidated Plan SAN BERNARDINO 210 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 281 Consolidated Plan SAN BERNARDINO 211 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 282 Consolidated Plan SAN BERNARDINO 212 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 283 Consolidated Plan SAN BERNARDINO 213 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 284 Consolidated Plan SAN BERNARDINO 214 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 285 Consolidated Plan SAN BERNARDINO 215 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 286 Consolidated Plan SAN BERNARDINO 216 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 287 Consolidated Plan SAN BERNARDINO 217 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 288 Consolidated Plan SAN BERNARDINO 218 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 289 Consolidated Plan SAN BERNARDINO 219 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 290 Consolidated Plan SAN BERNARDINO 220 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 291 Consolidated Plan SAN BERNARDINO 221 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 292 Consolidated Plan SAN BERNARDINO 222 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 293 Consolidated Plan SAN BERNARDINO 223 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 294 Consolidated Plan SAN BERNARDINO 224 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 295 Consolidated Plan SAN BERNARDINO 225 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 296 Consolidated Plan SAN BERNARDINO 226 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 297 Consolidated Plan SAN BERNARDINO 227 OMB Control No: 2506-0117 (exp. 06/30/2018) Packet Page. 298 Consolidated Plan SAN BERNARDINO 228 OMB Control No: 2506-0117 (exp. 06/30/2018) Appendixx - Alternate/Local Data Sources 1 Data Source Name County Homeless Race, HMIS 2019 List the name of the organization or individual who originated the data set. County Homeless Race, HMIS 2019 Provide a brief summary of the data set. Various population data sets were used in the Needs Assessment, Market Analysis, and Strategic plan What was the purpose for developing this data set? Using updated information is important for the ConPlan. How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population? The data covers the County. What time period (provide the year, and optionally month, or month and day) is covered by this data set? 2019 What is the status of the data set (complete, in progress, or planned)? complete 2 Data Source Name Vacant Unit Data List the name of the organization or individual who originated the data set. ACS 2013-2017 Provide a brief summary of the data set. The data provided comes from 2013-2017 housing occupancy data particularly vacant housing units. What was the purpose for developing this data set? HUD did not provide any data to assist with their request of vacant and abandoned, REO and abandoned REO data. How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population? Citywide What time period (provide the year, and optionally month, or month and day) is covered by this data set? 2013-2017 Packet Page. 299 Consolidated Plan SAN BERNARDINO 229 OMB Control No: 2506-0117 (exp. 06/30/2018) What is the status of the data set (complete, in progress, or planned)? Data found is only for number of vacant units, other data HUD requests was not found. 3 Data Source Name Households with Children List the name of the organization or individual who originated the data set. The data resource is CHAS 2011-2015 Provide a brief summary of the data set. The CHAS data presents the number of households both renter and owner by AMI categories. What was the purpose for developing this data set? This table was not populated by HUD data, however was available. How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population? This data is citywide. What time period (provide the year, and optionally month, or month and day) is covered by this data set? CHAS 2011-2015 What is the status of the data set (complete, in progress, or planned)? complete Packet Page. 300 City of San Bernardino Annual Action Plan 2020 1 OMB Control No: 2506-0117 (exp. 06/30/2018) City of San Bernardino 2020-2021 Annual Action Plan To Be Approved 4-17-24 CDBG Amendment Approved April 17, 2024 Packet Page. 301 City of San Bernardino Annual Action Plan 2020 2 OMB Control No: 2506-0117 (exp. 06/30/2018) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of San Bernardino (City) must prepare and submit to the Department of Housing and Urban Development (HUD) an Annual Action Plan that details the proposed uses of federal grants the City receives. The City is an entitlement community and receives the following federal grants: •Community Development Block Grant (CDBG) •HOME Investment Partnerships Program (HOME) •Emergency Solutions Grant (ESG) The Action Plan serves as the City’s annual application to HUD and is a requirement for a receipt of yearly allocations of the grants noted above. To receive these funds, the City undertakes a planning process known as the Consolidated Plan cycle. This process is documented by three reports: 1) a Five- Year Consolidated Plan; 2) five annual one-year Action Plans, and 3) five annual Consolidated Annual Performance and Evaluation Reports (CAPERs). 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City of San Bernardino has a range of housing and community development needs. The City's objective is to use its grant funds to coordinate programs, services, and projects with the anticipated outcome of creating a decent and suitable living environment to benefit low- and moderate-income households and those with special needs. Priorities for the FY 2020-2024 CONSOLIDATED PLAN established in consultation with residents and community groups are noted. Priority Objectives/Goals 1. Expand homeownership opportunities and assist homebuyers with the purchase of affordable housing: Four (4) single family units to be added in Eastpointe neighborhood. Incomes will range from 50% to 80% of Area Median Income (AMI). Packet Page. 302 City of San Bernardino Annual Action Plan 2020 3 OMB Control No: 2506-0117 (exp. 06/30/2018) 2. Expand Homeownership Opportunities (Infill Housing Program): Fund construction of four (4) single family homes, city-wide. Incomes will range from 50% to 80% of Area Median Income (AMI). 3. First-Time Homeownership - CHDO 15% Set –Aside Project: New construction of two (2) single family homes on vacant City-owned lots. 4. Homeless Outreach and Homeless Prevention-ESG: Assist homeless and special needs populations with supportive services: fund social service organizations to assist homeless persons through the provision of homeless prevention, emergency shelters, street outreach, supportive services and placement in permanent supportive housing. Homeless services/funding. Total assisted will be approximately 380 persons 5. New Affordable Rental Housing Construction or Rehabilitation: fund new affordable rental housing. Seccombe is a new rental housing project in the City’s housing pipeline that is anticipated to begin predevelopment during the current AP period. 100 total households assisted. 6. Affordable Rental Housing Rehabilitation: affordable rental housing rehabilitation of 239 existing rental housing units. 7. Promote Economic Development: Fund education and training for approximately ten (10) business owners through the City’s Microenterprise Program, to launch and retain successful small businesses and improve business viability. 8. Promote Economic Development: Repayment of Section 108 Loan which will create 214 jobs. 9. Improve Public Facilities and infrastructure: To meet current and future needs, replace playground equipment in three parks in the City's CDBG eligible areas; convert an existing baseball field into a Miracle League baseball field that will be ADA compliant; re-roof Encanto Community Center; undertake citywide concrete repairs to replace sidewalks and provide ADA accessibility. 10. Fair Housing: Eliminate identified impediments to fair housing through education, enforcement, and testing. Fund fair housing activities to include fair housing enforcement, landlord/tenant mediation and education to approximately 2,700 persons. 11. Planning and Administration: Funding for planning and administration of CDBG, HOME and ESG. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Preserve and rehabilitate existing single-family dwellings – As a result of a change to the loan terms for the Owner Occupied Rehabilitation Program, which change the loan from a forgivable loan to a deferred loan, there was no interest in the program and consequent homes were not rehabilitated. However, the program will be changed to a forgivable loan and funds currently budgeted will be carried over into the next program year. Packet Page. 303 City of San Bernardino Annual Action Plan 2020 4 OMB Control No: 2506-0117 (exp. 06/30/2018) Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing - In FY 2019-20 the City completed two (2) new newly built homes on infill lots. The City’s CHDO partner, Housing Partners I is currently marketing the homes to households at 50% to 80% of AMI. Provide Supportive Services - Homeless / Non-Homeless Special Needs: In FY 2019-20, the City provided $830,000 in HOME funds, $1.5 million in NSP1 funds, and $180,000 in CDBG funds to Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, for phase 3 of the multi-phase Rental Assistance Demonstration (RAD) project. The third phase will result in 184 mixed- income family apartments with 147 of the units affordable to households at 30% - 60% of area median income. Promote Economic Development: The City held five (5) small business/entrepreneur workshops. Approximately, 20 persons attended the workshops in FY 2019-2020. There were more workshops scheduled for the year, however, due to the Covid-19 virus, those workshops had to be postponed. Improve Public Facilities and Infrastructure : In FY 2019-2020, the City completed: Lytle Creek Park roof replacement, Jerry Lewis Swim Center facility upgrades and replacement of playground equipment at five parks: Meadowbrook Fields, Lytle Creek, Wildwood, Harrison Canyon, and Speicher. Fair Housing: Eliminate identified impediments to fair housing through education, enforcement, and testing. The Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing services to approximately 3,300 persons in the City. Planning and Administration: Funding for planning and administration of CDBG, HOME and ESG. Provide rental assistance and preserve existing affordable rental housing: In FY 2019-2020, two (2) assisted rental projects were inspected to ensure units remained affordable and habitable. Expand the affordable housing inventory through new construction: In 2019-2020, the third phase of construction commenced on the site of the former Waterman Gardens Public Housing community (now called Arrowhead Grove), which resulted in a total of 184 mixed-income family apartments. Arrowhead Grove will provide 147 affordable one- to four-bedroom family units with an additional 35 market-rate units interspersed across the site and two units for property managers. In addition to the new units constructed, a new traffic signal and bus shelter were installed. Improve Neighborhood Conditions – Demolition Program: Funding for this project has been eliminated due to the program’s inability to spend down its CDBG budgeted amounts during two consecutive years. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan: Packet Page. 304 City of San Bernardino Annual Action Plan 2020 5 OMB Control No: 2506-0117 (exp. 06/30/2018) To solicit public input during the development of the Consolidated Plan and the Annual Action Plan, the City conducted the following meetings: Six community engagement meetings were held in January 2020: •Akoma Unity Center, 1367 N. California Street, San Bernardino, Saturday, January 18, 2020, 9:30 AM-11:30 AM, 15 people in attendance •Rezek Center – St. Bernardine Medical Center, 2101 N. Waterman Ave., San Bernardino, Tuesday, January 21, 2020, 11 AM–1 PM, 15 people in attendance •Maplewood Homes, 906 Wilson St., San Bernardino, Wednesday, January 22, 2020, 4 PM–5 PM, 20 people in attendance •Olive Meadows, 610 East Olive Street, San Bernardino, Thursday, January 23, 4 PM–5 PM, 2 residents in attendance •Valencia Vista, 950 N. Valencia Ave., San Bernardino, Thursday, January 23, 2020, 5 PM–6:30 PM, 0 people in attendance •San Bernardino Valley College, 701 S. Mt. Vernon Ave., San Bernardino, Friday, January 24, 2020, 9 AM – 10:30 PM, 9 people in attendance A housing summit was held on February 6, 2020, from 8:00 AM to 12:00 PM. The summit gathered community leaders, agency representatives, service providers, planning professionals, developers, business owners, and others to learn the current state of housing, jobs, and development opportunities. The summit also identified public safety concerns, the need for diverse housing options (both emergency and long term), ways to develop new and improve existing housing stock, how to expand opportunities to advance workforce and build community wealth, and community health including physical, mental, and emotional well-being. The summit was also held to help build partnerships to address the City's most immediate needs and learn new ideas for long-range planning. Those in attendance were: •Civil Liberties Union •Inland Congregations United for Change •Mary Erickson Community Housing •National Core •Step Up On Second •Habitat for Humanity •County of San Bernardino Community Development and Housing Agency •Omnitrans •County of San Bernardino Department of Behavioral Health •Wells Fargo Bank •Akoma Unity Center •Dignity Health St. Bernadine Medical Center •Neighborhood Partnership Housing Services •County of San Bernardino Office of Homeless Services Packet Page. 305 City of San Bernardino Annual Action Plan 2020 6 OMB Control No: 2506-0117 (exp. 06/30/2018) •Project Fighting Chance •Center for Employment Opportunities •Project Fighting Chance •Inland Valley Recovery Services •Inland Fair Housing and Mediation Board •Catholic Charities San Bernardino County Stakeholder interviews were conducted in-person, one-on-one phone conversations, and emails were held with various service providers to obtain feedback. The feedback was especially helpful in identifying gaps in services, trends in the local community, and needs relating to specific services and populations. Three pop-up/tabling events were held throughout the City: a football game at San Bernardino High School on November 1, 2019, the San Bernardino Airshow on November 2, 2019, and the City of San Bernardino Winter Wonderland on December 14, 2019. Surveys were distributed at the pop-up events and a total of 314 residents responded to the survey from these pop-up events. The City held a Council public hearing on March 18, 2020, to review the draft ConPlan, and on April 15, 2020, for the City Council and Mayor to review and approve the final plan. For the 2020 program year Action Plan: City Staff met with the CDBG Ad Hoc Committee on February 26, 2020 to present its funding recommendations and receive input from the committee. The City also: •Published a public notice (in English and Spanish) in the San Bernardino Sun, and El Chicano announcing the public hearing meeting •Made available for public review, a copy of the Draft PY 2020-2021 Annual Action Plan at the Community & Economic Development public counter, the City website and Norman F. Feldheym Public Library. •Published a 15-day comment of public review, comment, Plan availability and date of the first public hearing number of the Draft FY 2020-2021 Annual Action Plan for the period of March 4, 2020 through March 18, 2020. •Published a 30-day notice of public review, comment, availability and second public hearing for the period of March 12, 2020 through April 15, 2020 to approve and submit the PY 2020-2021 Annual Action Plan to HUD on May 15, 2020 5. Summary of public comments Packet Page. 306 City of San Bernardino Annual Action Plan 2020 7 OMB Control No: 2506-0117 (exp. 06/30/2018) This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. A public review period for the Draft PY 2020-2021 Annual Action Plan was noticed from March 4, 2020 through March 18, 2020 and again on March 12, 2020 through April 15, 2020. The City of San Bernardino did not receive comments from the public. The PY 2020-2021 Annual Action Plan was made available at the Community & Economic Development Department public counter, the City website and Norman F. Feldheym Public Library for public review and comment. There were no comments received by the City of San Bernardino. 6. Summary of comments or views not accepted and the reasons for not accepting them There were no comments received by the City of San Bernardino. 7. Summary The City has undertaken diligent and good faith efforts to reach all segments of the community that may benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b) Packet Page. 307 City of San Bernardino Annual Action Plan 2020 8 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency SAN BERNARDINO CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator Table 1 – Responsible Agencies Narrative (optional) The Community and Economic Development Department administers, implements, and monitors projects funded through the HUD’s formula entitlement grants. As a recipient of these funds, the City’s Community and Economic Development Department is tasked with the responsibility of developing and carrying out the goals and objectives noted in the Consolidated Plan. The City uses these and other funds to provide decent housing, create a suitable living environment, and expand economic opportunities throughout the City. The Community and Economic Development Department works closely with the Public Works Department and the City Parks and Recreation Department, the City Manager's Office, the City Council, and the CDBG Ad Hoc Committee in establishing goals and priorities that will serve the needs of the residents of San Bernardino. Packet Page. 308 City of San Bernardino Annual Action Plan 2020 9 OMB Control No: 2506-0117 (exp. 06/30/2018) Consolidated Plan Public Contact Information For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: the Community and Economic Development Department, Gretel Noble, Housing Manager at 201 N E Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-7270 or via email at noble_gr@sbcity.org. Packet Page. 309 City of San Bernardino Annual Action Plan 2020 10 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City views the Consolidated Plan as an opportunity to engage the community in the CDBG, ESG, and HOME investment process. It urges citizens to voice their concerns and share their ideas concerning community development, affordable housing, and homelessness. It encourages all residents, especially those living in low- and moderate-income neighborhoods, to participate in the planning process. On April 17, 2024 the City Council amended this Annual Action Plan as well as the FY 2023-24 Annual Action Plan, through a substantial amendment, to move approximately $655,886 funds from the FY 2020-2021 Encanto Community Center Project, and approximately $1,080,158 from the FY 2023-24 Street Improvement Project to the Nicholson Neighborhood Park Project. The Nicholson Neighborhood Park Project is a FY 2020-21 project. A notice was published on March 13, 2024 along with a correction notice published on April 5, 2024. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) • The City has been working in a partnership with the Housing Authority of the County of San Bernardino (HACSB) and County Community Development and Housing Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as Arrowhead Grove). • The City is also working in a partnership with National CORE, an Inland Empire CHDO, and the Housing Authority of the County of San Bernardino in the development of Arrowhead Grove. • The City partners with Neighborhood Partnership Housing Services (NPHS), a CHDO, for the administration of an owner-occupied, single family rehabilitation program. • Housing Partners I, also a CHDO, and NPHS partner with the City to build new single family, ownership housing on vacant and blighted lots throughout the city, in order to increase homeownership among households at and below 80% of Area Median Income. • The City coordinates with the County Department of Behavioral Health (DBH) in and ongoing exchange of information and resources available to persons who are experiencing homelessness and mental health crises. The City has also partnered with DBH in the Golden Apartments project where DBH provides the case management services for the formerly homeless residents who live with mental illness. • The City has also been working on investment strategies for housing and health with Dignity Health. Dignity Health’s Community Investment program provided a $1.2 million dollar loan for the construction (which is currently underway) of Arrowhead Grove Phase 3, which will result in the construction of a 184 mixed income development, with 147 units reserved for low-income households. Packet Page. 310 City of San Bernardino Annual Action Plan 2020 11 OMB Control No: 2506-0117 (exp. 06/30/2018) • The City has been consulting with the Housing Authority of the County of San Bernardino and the Community Development and Housing Agency of the County of San Bernardino concerning lead based paint hazards as it relates to rehabilitation of owner occupied single family homes. The City has also consulted with HUD’s environmental office regarding lead based paint and staff attended the most recent lead based paint training provided onsite at the HUD Los Angeles office. •The City has been in coordination with the San Bernardino Unified School District in their Uplift San Bernardino initiative. Uplift San Bernardino is Focused on the future of the youth community, such as launching the future workforce into local jobs; ignite Upward Mobility in the community; convene leadership work groups to change systems & police; effectively inspire community voice & engagement to inform better decisions & increase access to opportunities especially for youth; create shared understanding of issues & opportunities based on research & data; mobilize people and resources to fill in gaps identified between systems and promote accountability through a transparent history of Uplift’s decisions, progress, & learning. •The City has been working in partnership with Inland Empire Small Businesses Development Center (IESBDC) to deliver small business startup workshops to existing small business owners and aspiring entrepreneurs within the City of San Bernardino. Small business startup workshops are offered in both English and Spanish to accommodate the San Bernardino population. Spanish workshops are offered in collaboration with the Mexican consulate, who host their space for Spanish speaking participants. •The City is working with lead partners National Community Renaissance (CORE), an affordable housing developer; Nonprofit Finance Fund (NFF), a national CDFI; and Build Healthy Place Network (BHPN), the national center at the intersection of community development and health to advance equity, on the UPLIFT SB Equitable Development Plan. The UPLIFT SB Equitable Development Plan attains two overarching goals: 1) encourage health investors to advance comprehensive solutions and 2) spark collaborative problem-solving to address persistent community development challenges in the Waterman Baseline neighborhood and the City of San Bernardino, which include increasing the level of activity and improving the economic and health equity outcomes for residents and the community. UPLIFT Equitable Development Plan will strengthen the existing Waterman and Baseline Specific Plan (Specific Plan) and leverage other community-led collective impact efforts. The City is in collaboration with mentioned lead partners to increase investments in housing, health and safety, job creation. The goal is to bring business service providers along to determine how to best deploy resources to residents in the City of San Bernardino. These efforts will address some of the biggest barriers to opportunity, high crime rates, homelessness and lack of good paying jobs, namely through affordable housing, job creation, and economic development. •For the past year the City has been working with an initiative headed by the Center for Community Investment and seven health providers, including Dignity Health in an initiative to Accelerate Investments in Healthy Communities (AIHC). Packet Page. 311 City of San Bernardino Annual Action Plan 2020 12 OMB Control No: 2506-0117 (exp. 06/30/2018) Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. As homelessness does not have boundaries, the most efficient way to address the needs of the homeless (especially chronically homeless populations), is regionally. There are four entities that work collaboratively to address homelessness throughout San Bernardino County. They are: 1) the Interagency Council on Homelessness, a policy making body; 2) Homeless Provider Network, an advisory group made up of local public, private, faith-based, non-profit and housing organizations who work to improve service delivery to the homeless; 3) Central Valley Steering Committee, which is a sub- committee of the Homeless Provider Network, is a group made up of the following cities, San Bernardino, Rialto, Redlands, Colton, Grand Terrace, and Fontana, in addition to private, faith-based, non-profit and housing organizations who collaborate to improve service delivery to the homeless. The goal of the Central Valley Steering Committee is to advocate for the homeless and those at-risk of becoming homeless residing in those cities that are in the County of San Bernardino; 4) the San Bernardino County Behavioral Health Administration, Office of Homeless Services, the administrative arm of the CoC. The strategy that guides the actions of the above-mentioned groups is the “10-Year Strategy to End Homelessness in San Bernardino County”. This document serves as the blueprint for ending homelessness in San Bernardino County. The City of San Bernardino is an active participant of the Continuum of Care (CoC) and fully supports the goals and objectives of the 10-Year Strategy to End Homelessness in San Bernardino County. City of San Bernardino City Councilmember, Fred Shorett, represents the City of San Bernardino on the board of the Interagency Council on Homelessness, the City’s Police Department supports and participates in the Point-in-Time Homeless Count, and the Community and Economic Development staff requires its ESG subrecipients to participate in the CoC’s Homeless Management Information System (HMIS), a software application designed to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. Through its ESG program the City funds five organizations that provide street outreach, emergency shelter, homeless prevention services, rapid rehousing and HMIS. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City works closely with the CoC and attends its regular scheduled meetings and trainings in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, in regards to funding recommendations. The discussions at the Packet Page. 312 City of San Bernardino Annual Action Plan 2020 13 OMB Control No: 2506-0117 (exp. 06/30/2018) ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative – the Housing Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year the HASCB, along with the support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Packet Page. 313 City of San Bernardino Annual Action Plan 2020 14 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 2 – Agencies, groups, organizations who participated Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency Major Employer What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs 1 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino and Dignity Health. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. Agency/Group/Organization National Community Renaissance (National CORE) Agency/Group/Organization Type Services – children What section of the Plan was addressed by Consultation? Non-Housing Community Development Strategy 2 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/investment in the community. Agency/Group/Organization Neighborhood Partnership Housing Services (NPHS) Agency/Group/Organization Type Housing 3 What section of the Plan was addressed by Consultation? Packet Page. 314 City of San Bernardino Annual Action Plan 2020 15 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community Agency/Group/Organization Omni Trans Agency/Group/Organization Type Other – Transit Agency What section of the Plan was addressed by Consultation? 4 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino and Dignity Health. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community Agency/Group/Organization Continuum of Care Agency/Group/Organization Type Publicly Funded/System of Care Services - Housing Services-Children Services-Elderly Persons Services-Persons with Disabilities Services-homeless Services-Education What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless, Families with children, Veterans, Unaccompanied Youth, Homeless Strategy 5 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino. The anticipated outcomes are increased commitment to Packet Page. 315 City of San Bernardino Annual Action Plan 2020 16 OMB Control No: 2506-0117 (exp. 06/30/2018) Agency/Group/Organization San Bernardino County Department of Behavioral Health Agency/Group/Organization Type Health Agency – Health What section of the Plan was addressed by Consultation? Homeless Needs – Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth 6 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino. The anticipated outcomes are increased commitment to Agency/Group/Organization Project Fighting Chance Agency/Group/Organization Type Services – Children What section of the Plan was addressed by Consultation? Non-Housing Community Development Strategy 7 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino. The anticipated outcomes are Agency/Group/Organization Inland Fair Housing and Mediation Board Agency/Group/Organization Type Fair Housing What section of the Plan was addressed by Consultation? Housing Need Assessment 8 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to Packet Page. 316 City of San Bernardino Annual Action Plan 2020 17 OMB Control No: 2506-0117 (exp. 06/30/2018) Agency/Group/Organization Salvation Army – Hospitality House Agency/Group/Organization Type Services-Homeless What section of the Plan was addressed by Consultation? Homeless Needs – Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth 9 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Salvation Army Hospitality House was consulted. The anticipated outcome is to serve homeless women and children and stabilize them, case manage, and provide a type of housing suitable for them. Agency/Group/Organization Center For Employment Opportunities Agency/Group/Organization Type Services – Employment What section of the Plan was addressed by Consultation? Non-Housing Community Development Strategy 10 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Center for Employment Opportunities was consulted. The anticipated outcome is to Agency/Group/Organization Inland Valley Recovery Services Agency/Group/Organization Type Services – Health What section of the Plan was addressed by Consultation? Homeless Needs – Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth 11 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Inland Valley Recovery Services was consulted. The anticipated outcome is to Packet Page. 317 City of San Bernardino Annual Action Plan 2020 18 OMB Control No: 2506-0117 (exp. 06/30/2018) Agency/Group/Organization Dr. Tom Pierce , CSU San Bernardino Agency/Group/Organization Type Civic Leader What section of the Plan was addressed by Consultation? Market Analysis 12 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Dr. Tom Pierce was consulted. The anticipated outcome is to 13 Agency/Group/Organization City Council Agency/Group/Organization Type City government What section of the Plan was addressed by Consultation? AP-10 Consultation, AP-15 Expected Resources and AP-20, AP-35 and AP-38 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? On April 17, 2024 the City Council amended this Annual Action Plan as well as the FY 2023-24 Annual Action Plan, through a substantial amendment, to move approximately $655,886 funds from the FY 2020-2021 Encanto Community Center Project, and approximately $1,080,158 from the FY 2023-24 Street Improvement Project to the Nicholson Neighborhood Park Project. The Nicholson Neighborhood Park Project is a FY 2020-21 project. A notice was published on March 13, 2024 along with a correction notice published on April 5, 2024. 14 Agency/Group/Organization Public Notice Publication Agency/Group/Organization Type City Government What section of the Plan was addressed by Consultation? AP-10 Consultations Packet Page. 318 City of San Bernardino Annual Action Plan 2020 19 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Public Participation notice publication for a Substantial Amendments Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement. In the future the City will make a special effort to include corrections programs and institutions. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care Alliance Potential funding allocations to address homeless needs will complement the COC Strategy. 10-Year Strategy to End Homelessness Continuum of Care Alliance Funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. City of San Bernardino 2013-2021 Housing Element City of San Bernardino Department of Community Development Potential funding allocations to address housing needs that will complement the 2013-2021 Housing Element Housing Authority County of San Bernardino (HACSB) Housing Authority County of San Bernardino (HACSB) The City will support HACSB's efforts on public housing and the ongoing partnership on Waterman Gardens Table 3 – Other local / regional / federal planning efforts Narrative (optional) City staff, with assistance from its consultant, worked to engage a wide array of residents and stakeholders in the community engagement process. In addition to engaging residents in the community survey, the City also engage housing providers and developers, social service agencies, financial institutions, neighborhood associations, local health systems and organizations that provide outreach and supportive Packet Page. 319 City of San Bernardino Annual Action Plan 2020 20 OMB Control No: 2506-0117 (exp. 06/30/2018) housing to homeless persons. The City also undertook direct solicitation for engage stakeholders to in the community survey, community meetings, and stakeholder interviews. Stakeholders and residents provided feedback on priorities, neighborhood revitalization issues, housing problems and possible solutions. They were asked to provide input on how the City should spend CDBG, HOME and ESG funding. Packet Page. 320 City of San Bernardino Annual Action Plan 2020 21 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City published a public hearing notice (Appendix A) in the San Bernardino Sun, and El Chicano newspapers in accordance with its citizen participation plan for its March 18, 2020 and April 15, 2020 Public Hearing. It also posted the notice and the PY 2020-2021 Action Plan on the City website. The PY 2020-2021 Action Plan was available on the City’s website at the Community and Economic Development Department public counter, and the Norman F. Feldheym Public Library. Packet Page. 321 City of San Bernardino Annual Action Plan 2020 22 OMB Control No: 2506-0117 (exp. 06/30/2018) Citizen Participation Outreach Sort Or der Mode of Out reach Target of Out reach Summary of response/atten dance Summary of comments rec eived Summary of co mments not accepted and reasons URL (If applicable) 1 Newspaper Ad Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Residents of Public and Assisted Housing Low Income persons No responses were received. No comments were received. Because comments were not received there is no summary of comments not accepted. http:iecn.com/newpapers/el-chicano/ Packet Page. 322 City of San Bernardino Annual Action Plan 2020 23 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Or der Mode of Out reach Target of Out reach Summary of response/atten dance Summary of comments rec eived Summary of co mments not accepted and reasons URL (If applicable) 2 Internet Outreach Non- targeted/bro ad community No responses were received No comments were received Because comments were not received there is no summary of comments not accepted. www.sbcity.org/housing Packet Page. 323 City of San Bernardino Annual Action Plan 2020 24 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Or der Mode of Out reach Target of Out reach Summary of response/atten dance Summary of comments rec eived Summary of co mments not accepted and reasons URL (If applicable) 3 Public Meeting Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/bro ad community Residents of Public and Assisted Housing Low Income persons No responses were received No comments were received Because comments were not received there is no summary of comments not accepted. http://sanbernardinocityca.iqm2.com/citize ns/calendar.aspx Packet Page. 324 City of San Bernardino Annual Action Plan 2020 25 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Or der Mode of Out reach Target of Out reach Summary of response/atten dance Summary of comments rec eived Summary of co mments not accepted and reasons URL (If applicable) 4 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/bro ad community Residents of Public and Assisted Housing No responses were received No comments were received Because comments were not received there is no summary of comments not accepted. http://sanbernardinocityca.iqm2.com/citize ns/calendar.aspx Table 4 – Citizen Participation Outreach Packet Page. 325 City of San Bernardino Annual Action Plan 2020 26 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-15 Expected Resources – 91.220(c)(1,2) Introduction The City of San Bernardino estimates it will receive roughly $25 Million over the next five years from CDBG, HOME and ESG funds. In PY20 the City will receive: •CDBG $3,405,297 •HOME $1,404,479 •ESG $ 295,799 On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act of 2020 (Cares Act) was signed into law. Pursuant to the CARES Act, HUD has allocated $2,003,529 in Community Development Block Grant-Coronavirus (CDBG-CV1) funds, $1,019,997 in Emergency Solutions Grant- Coronavirus (ESG-CV1) funds and $3,422,960 in Emergency Solutions Grant-Coronavirus (ESG-CV2) funds to the City of San Bernardino to fund activities that prevent, prepare, and respond to the Coronavirus pandemic. As directed by HUD, the FY 2020-2021 Annual Action Plan was amended on August 19, 2020 to add Round 1 of CDBG-CV funded activities and Round 1 and 2 of ESG-CV funded activities. On September 11, 2020, HUD announced the City would receive $1,702,135 in CDBG-CV Round 3 funds. These funds must also be used to prevent, prepare for, and/or respond to the Coronavirus pandemic and the FY 2020-2021 Annual Action Plan should be further amended to add Round 3 funds. CDBG-CV3 will be used for buildings and improvements, including public facilities, such as improvements to libraries and community centers affected by the Coronavirus. On April 17, 2024 the City Council amended this Annual Action Plan as well as the FY 2023-24 Annual Action Plan, through a substantial amendment, to move approximately $655,886 funds from the FY 2020-2021 Encanto Community Center Project, and approximately $1,080,158 from the FY 2023-24 Street Improvement Project to the Nicholson Neighborhood Park Project. The Nicholson Neighborhood Park Project is a FY 2020-21 project. A notice was published on March 13, 2024 along with a correction notice published on April 5, 2024. Packet Page. 326 City of San Bernardino Annual Action Plan 2020 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Anticipated Resources Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 3,405,297 17,000 800,368 4,222,665 13,200,000 The estimated amount of CDBG funds available over the planning period is based on allocations for FY 2019-2020. A substantial amendment in 4/17/24 added funds $1,080,158 from FY2023-24 to Nicholson Park Project Packet Page. 327 City of San Bernardino Annual Action Plan 2020 28 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,404,479 726,658 1,459,854 3,590,991 10,750,000 The estimated amount of HOME funds available over the planning period is based on allocations for FY 2019-2020. ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 295,799 0 72,444 368,243 1,200,000 The estimated amount of ESG funds available over the planning period is based on allocations for FY 2019-2020. Packet Page. 328 City of San Bernardino Annual Action Plan 2020 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description Other public - federal Admin and Planning Overnight shelter Rapid re-housing (rental assistance) Other 4,442,957 0 0 4,442,957 0 ESG-CV1 and ESG-CV2 to be used to prevent, prepare for and respond to the Coronavirus. Other public - federal Admin and Planning Public Improvements Other 1,702,135 0 0 1,702,135 0 CDBG-CV3 funds to be used to prevent, prepare for and respond to the Coronavirus Other public - federal Public Improvements Rental Assistance Services Other 2,003,529 0 0 2,003,529 0 CDBG-CV funds to be used to prevent, prepare for and respond to the Coronavirus. Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan According to the City’s 2013-2021 Housing Element update, the City of San Bernardino has enough vacant land and land designated for Packet Page. 329 City of San Bernardino Annual Action Plan 2020 30 OMB Control No: 2506-0117 (exp. 09/30/2021) residential use to satisfy all projected housing needs. Additionally, the City has not identified any constraints on these sites that would prevent development or reuse. The City estimates that 12,918 housing units could be accommodated on this land. Additionally, the governor of California continues to explore the use of state and federal surplus property to provide housing for homeless individuals Discussion The City has enough available land and residential designations to meet the affordable housing needs of the community. HUD allocations are critical to meeting these needs; however, they are not sufficient to address all the needs of LMI households. Therefore, the City will continue to continue to leverage other funding sources to provide services to populations in need. Packet Page. 330 City of San Bernardino Annual Action Plan 2020 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Expand Home Ownership 2020 2025 Affordable Housing CityWide Expand Home Ownership HOME: $700,000 Homeowner Housing Added: 4 Household Housing Unit 2 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless CityWide Provide Homeless and Homeless Prevention Services ESG: $368,243 ESG-CV1 and ESG-CV2: $4,442,957 Tenant-based rental assistance / Rapid Rehousing: 75 Households Assisted Homeless Person Overnight Shelter: 200 Persons Assisted Overnight/Emergency Shelter/Transitional Housing Beds added: 220 Beds 3 New Affordable Rental Housing 2020 2025 Affordable Housing CityWide New Affordable Rental Housing HOME: $739,825 Rental units constructed: 75 Household Housing Unit 4 Preserve and Rehabilitate Housing 2020 2025 Affordable Housing CityWide Preserve and Rehabilitate Housing HOME: $500,000 Rental units rehabilitated: 239 Household Housing Unit 5 Promote Economic Development 2020 2025 Economic Development CityWide Promote Economic Development CDBG: $798,021 Jobs created/retained: 214 Jobs Businesses assisted: 10 Businesses Assisted Packet Page. 331 City of San Bernardino Annual Action Plan 2020 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide LMI Areas of the City Improve Facilities and Infrastructure CDBG: $2,670,585 CDBG-CV3: $1,361,708 CDBG: $1,080,158 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 32000 Persons Assisted 7 Fair Housing 2020 2025 Non-Housing Community Development CityWide Fair Housing CDBG: $73,000 Public service activities other than Low/Moderate Income Housing Benefit: 1000 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 0 Households Assisted Packet Page. 332 City of San Bernardino Annual Action Plan 2020 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 8 Planning and Administration 2020 2025 Program administration funds CityWide Preserve and Rehabilitate Housing Expand Home Ownership Provide Homeless and Homeless Prevention Services New Affordable Rental Housing Promote Economic Development Improve Facilities and Infrastructure Fair Housing CDBG: $681,059 HOME: $140,448 ESG: $22,185 CDBG-CV3: $340,427 ESG-CV1 and ESG-CV2: $444,296 Other: 1 Other Table 6 – Goals Summary Goal Descriptions Goal Name Expand Home Ownership1 Goal Description $700,000 in HOME funds for 4 new infill owner-occupied units city-wide. Packet Page. 333 City of San Bernardino Annual Action Plan 2020 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Name Provide Homeless and Homeless Prevention Services2 Goal Description Rental assistance/Rapid Rehousing: 75 households Assisted; Homeless Persons Overnight Shelter: 200 Persons Assisted; Overnight/Emergency Shelter/Transitional Housing Beds added: 220 beds Goal Name New Affordable Rental Housing3 Goal Description Will help fund the first phase of a possible three phase rental housing development to be constructed at Seccombe Park. Goal Name Preserve and Rehabilitate Housing4 Goal Description Funds will assist with the rehabilitation of 239 affordable rental units at Foothill Villas (2601-2675 W 2nd Street). Goal Name Promote Economic Development5 Goal Description Funding will assist a minimum of 10 small businesses. Funding will also be used for Section 108 Loan repayment for a revitalization project on Highland Avenue. The project is slated to create and retain 214 jobs. Goal Name Improve Facilities and Infrastructure6 Goal Description Funding will be used to improve five community facilities including three parks, a community center and a senior center. CDBG-CV3 - Funding will be used to prevent, prepare and respond to COVID-1 by updating the City's Emergency Operations Plan and Local Hazard Mitigation Plan; improve three community centers and three libraries. Goal Name Fair Housing7 Goal Description Funds will be provided to IFHMB to provide investigation, education, reconciliation, and/or referral of housing discrimination complaints, free of charge, in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. Goal Name Planning and Administration8 Goal Description Funds are allocated for City staff for planning and administration of HOME, CDBG, ESG funds for the various projects and grantee monitoring requirements. Packet Page. 334 City of San Bernardino Annual Action Plan 2020 35 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Page. 335 City of San Bernardino Annual Action Plan 2020 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund eligible projects in the following categories: preserve and rehabilitate housing; improve neighborhood conditions; expand homeownership opportunities; provide supportive services; new affordable housing construction or rehabilitation; new affordable housing construction; promote economic development; improve facilities and infrastructure; fair housing, and program planning and administration. Projects #Project Name 1 Infill Housing Program 2 First Time Home Ownership 3 HESG 2020-2021 San Bernardino 4 New Rental Housing Construction - Seccombe Park Housing Construction 5 Affordable Rental Housing Rehabilitation 6 Micro-Enterprise Program 7 Section 108 Repayment Program - Promote Economic Development 8 Improve Public Facilities and Infrastructure 9 Fair Housing 10 Planning & Administration 11 Homekey Motel Conversion 12 CDBG-CV- Eviction Prevention Program 13 CV- Senior Nutrition Program 14 CV- Grab and Go arts and crafts 15 CV- Personal Protective Equipment (PPE) 16 CV- Modifications to Public Facilities 17 CV- Planning and Administration 18 Substantial Amend Project 19 CDBG-CV3 - Administration 20 CDBG-CV3 - Local Hazard Mitigation Plan and Emergency Operations Plan 21 CDBG-CV3 - Fifth Street Senior Center 22 CDBG-CV3 - Encanto Community Center 23 CDBG-CV3 - Community Centers/Libraries Table 7 - Project Information Commented [RT1]: There should be a new project – CDBG-CV 1-3 Interim Emergency Shelter OR is this replacing any of the projects 20-23? Packet Page. 336 City of San Bernardino Annual Action Plan 2020 37 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The allocation priorities are a result of input received from the community and based on the identified needs such as the state of the City's infrastructure, housing stock and poverty. The primary obstacle in addressing underserved needs is insufficient resources to meet the ongoing needs of persons, especially those with special needs such as the homeless. On August 16, 2023 City Council approved the allocation of $1,100,981 of unspent CDBG-CV 1 and 3 funds to an interim emergency shelter to assist unhoused families and individuals, with temporary shelter. Packet Page. 337 City of San Bernardino Annual Action Plan 2020 38 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information Packet Page. 338 Annual Action Plan 2020 39 OMB Control No: 2506-0117 (exp. 09/30/2021) Project Name Infill Housing Program Target Area CityWide Goals Supported Expand Home Ownership Needs Addressed Expand Home Ownership Funding HOME: $700,000 Description Construction of single family ownership housing on vacant City-owned lots. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Four(4) families will benefit from this project. Location Description Citywide 1 Planned Activities Homeownership Housing units added. Project Name First Time Home Ownership Target Area Goals Supported Needs Addressed Funding Description The amount has been reduced to zero pursuant to the suspension and waiver provided under the Flexibilities/Waiver Granted by the CARES Act. The City of San Bernardino has requested and received approval from HUD to reduce to zero percent the CHDO set-aside requirement for fiscal years 2017, 2018, 2019, and 2020 allocations. Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description 2 Planned Activities Packet Page. 339 Annual Action Plan 2020 40 OMB Control No: 2506-0117 (exp. 09/30/2021) Project Name HESG 2020-2021 San Bernardino Target Area CityWide Goals Supported Provide Homeless and Homeless Prevention Services Planning and Administration Needs Addressed Provide Homeless and Homeless Prevention Services Planning and Administration Funding ESG: $368,243 ESG-CV1 and ESG-CV2: $4,442,957 Description ESG Allocation: To provide funding for various Emergency Solutions Grant Program projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Administrative costs will not exceed 7.5% of ESG allocation; street outreach/emergency shelter will not exceed 60%. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately 700 persons at very low income to zero income will benefit from the proposed activities. 3 Location Description The following locations will benefit from ESG funding. 12. Community Action Partnership - 696 S. Tippecanoe Avenue, San Bernardino, CA 92408 13. Family Service Association of Redlands - 612 Lawton St, Redlands, CA 92374 14. Lutheran Social Services - 813 N D St, San Bernardino, CA 92401 15. Step Up on Second - 201 North E Street, San Bernardino, CA 92401 16. Salvation Army - 925 W. 10th Street, San Bernardino, 92411 17. Mental Health Systems (MHS) - 1738 N. Waterman Avenue, San Bernardino, 92404 18. Administration and Planning - 215 N D Street, San Bernardino, CA 92401 Packet Page. 340 Annual Action Plan 2020 41 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities The ESG Program will fund the following programs plus grant and project management. Additionally, the programs will receive CV funding to prepare for, prevent and respond to COVID. 1. Community Action Partnership. Provide homeless persons and those at risk of homelessness with temporary rental assistance, financial literacy education and linkages to other support services. Award $54,446 in ESG; and $74,999 in ESG-CV1. 2. Family Service Association of Redlands. Provide motel vouchers ($28,000), wraparound services and case management to prevent homelessness ($10,000) and rapidly re-house those individuals in need ($25,000). Award $63,000 in ESG. 3. Lutheran Social Services. Provide emergency shelter as a bridge to permanent housing ($50,000), wraparound services to help homeless men 18 years and older to achieve self-sufficiency. Lutheran Social Services staff will be utilizing the HMIS system ($20,000). Award $70,000 in ESG; $373,742 in ESG-CV1; $500,000 in ESG-CV2 4. Step Up On Second. Provide supportive services which begin with engagement and street outreach activities. Award $86,168 in ESG; $318,780 in ESG-CV1; $980,000 in ESG-CV2. 5. Salvation Army. Provide rapid rehousing. Award from prior year resources: $72,444; Provide emergency shelter and street outreach. Award $150,476 in ESG-CV1; Provide emergency shelter and street outreach. Award $150,476 ESG-CV2. 6. Mental Health Systems. Provide street outreach, housing and services to acutely mentally ill homeless persons. Award $1,450,188 in ESG-CV2. 7. Administration and Planning. $22,185 for FY 2020 ESG administration. $444,296 for adminstration of ESG-CV 1 and ESG-CV 2 funded programs. TOTAL: $4,811,200 Project Name New Rental Housing Construction - Seccombe Park Housing Construction Target Area CityWide Goals Supported New Affordable Rental Housing Needs Addressed New Affordable Rental Housing 4 Funding HOME: $739,825 Packet Page. 341 Annual Action Plan 2020 42 OMB Control No: 2506-0117 (exp. 09/30/2021) Description New affordable rental units constructed at Seccombe Park Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 75 families will benefit from this proposed project. Location Description Seccombe Park 160 E. 5th Street San Bernardino, CA Census Tract: 58.00 Planned Activities Construction of new affordable rental housing units Project Name Affordable Rental Housing Rehabilitation Target Area CityWide Goals Supported Preserve and Rehabilitate Housing Needs Addressed Preserve and Rehabilitate Housing Funding HOME: $500,000 Description Rehabilitation of 239 existing rental housing units. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 239 families will benefit from this proposed project. Location Description Property address is 2601-2675 W. 2nd Street San Bernardino, CA 5 Planned Activities Rehabilitation of existing rental housing units. Project Name Micro-Enterprise Program Target Area CityWide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development 6 Funding CDBG: $35,000 Packet Page. 342 Annual Action Plan 2020 43 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Provide business development training and support to income qualified existing or potential business owners. City staff monitors how many business have been created through Emprenadoras Program. Training class administration includes participant sign-in and intake forms. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately ten existing or potential business owners will be trained. Location Description Citywide - Available to all existing or potential business owners. Workshops are held at City Hall located at 201 North E Street, San Bernardino, CA and at the Mexican Consulate located at 293 North D Street, San Bernardino, CA. Planned Activities The Micro-Enterprise program promotes economic development in the City. The program provides business development training and support to income qualified participants who wish to start their own business. The Program will use CDBG funds to provide education and training for existing or potential business owners, to launch and retain a successful businesses and improve business viability. City staff monitors how many business have been created through Emprenadoras Program. Training class administration includes participant sign-in and intake forms. Project Name Section 108 Repayment Program - Promote Economic Development Target Area CityWide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $763,021 Description Section 108 loan repayment for Arden Guthrie Property (B-03-MC-06- 0539, Loan number 119-090-0053-5801) obtained to forward economic revitalization and create jobs (214 jobs) in the City. 7 Target Date 6/30/2021 Packet Page. 343 Annual Action Plan 2020 44 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities 214 individuals will benefit from this proposed activity. Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. Planned Activities A Section 108 loan, FY 2006, was obtained for the acquisition of 22 blighted and socially problematic apartment buildings in the North Arden Guthrie Area of the City. The City is moving forward with the sale of the property to a developer who will build a multi-tenant commercial shopping center. Project Name Improve Public Facilities and Infrastructure Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG: $2,670,585 + $1,080,158 FY 2023-24 Description Three (3) parks will be funded for replacement of playground equipment in addition to an existing baseball field to be converted into a Miracle League park to be ADA compliant. A concrete/ADA project will also be funded to replace sidewalks and ADA accessibility. Encanto Community Center Phase I roof replacement/facility repairs. Target Date 6/30/2021 8 Estimate the number and type of families that will benefit from the proposed activities 32,000 persons within households earning an income level of 30% to 50% of AMI will benefit of the improvements made to these parks and facility. Packet Page. 344 Annual Action Plan 2020 45 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description The City has proposed to fund the following three (3) parks, a community center and public facilities at a senior center: 1. Meadowbrook Fields Park - 179 E Rialto Ave., San Bernardino, CA 2. Anne Shirrel Park – 1367 North California, San Bernardino, CA 3. Nicholson Park - 2737 W. 2nd Street, San Bernardino, CA Improvements include: accessibility and drainage, electrical and lighting system, fencing and exercise stations, restroom and snackbar, trees and shade, playground equipment replacement and existing baseball field conversion. 4. Encanto Community Center – Phase 1 – 1180 W. 9th Street, San Bernardino, CA Roof replacement/facility repairs. 5. Citywide Concrete Repairs – to replace sidewalks and ADA accessibility for Fifth Street Senior Center, Perris Hill Senior Center, Ruben Campos, Lytle Creek, Rudy Hernandez, Nicholson and Delmann Heights Community Centers. Planned Activities The City plans to improve three (3) parks, a community center and public facilities at a senior center. Specifically the replacement of playground equipment to provide safe equipment for the community in addition to a Miracle League Park for ADA compliant and citywide concrete repairs. Project Name Fair Housing Target Area CityWide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $73,000 Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities This program will benefit Low/Moderate Income Households/Tenants. 9 Location Description Fair housing events and discrimination assistance will benefit approximately 1,000 LMI households and tenants. Packet Page. 345 Annual Action Plan 2020 46 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. Project Name Planning & Administration Target Area CityWide Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG: $681,059 HOME: $140,448 Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG and HOME funds to ensure effective and appropriate use of funds. CDBG Administration: $681,059; HOME Administration: $140,448. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities The entire city benefits from planning and administration efforts lead by the City. Location Description 201 North E Street, San Bernardino, CA 92401 10 Planned Activities Grant and Project Management Project Name Homekey Motel Conversion Target Area CityWide Goals Supported Preserve and Rehabilitate Housing Needs Addressed Preserve and Rehabilitate Housing Funding HOME: $1,300,000 11 Description Provide HOME funding for the acquisition and/or rehabilitation of a motel or other buildings and convert them into permanent, supportive housing. Packet Page. 346 Annual Action Plan 2020 47 OMB Control No: 2506-0117 (exp. 09/30/2021) Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 50 families will benefit from the proposed activity. Location Description Two possible locations have been identified; currently negotiating with the owners. Planned Activities To acquire, modify and rehabilitate a motel or other buildings that will serve as permanent supportive housing for persons at risk of homelessness or homeless persons. Project Name CDBG-CV- Eviction Prevention Program Target Area CityWide Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding CDBG-CV: $1,060,000 Description The program's intent is to prevent evictions by providing payment of rent arrears to landlords of low-income tenants, in the City of San Bernardino, who have experienced financial hardship due to COVID-19. The program would be managed by Housing Authority of the County of San Bernardino, who has extensive experience in managing rental assistance programs countywide. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately 300 families will benefit from the proposed ativity. Location Description City-wide 12 Planned Activities Prevent evictions by providing payment of rent arrears to landlords of low-income tenants, who have experienced financial hardship due to COVID-19. Project Name CV- Senior Nutrition Program Target Area CityWide 13 Goals Supported Packet Page. 347 Annual Action Plan 2020 48 OMB Control No: 2506-0117 (exp. 09/30/2021) Needs Addressed Funding CDBG-CV: $150,000 Description In order to continue providing nutritious meal to very low and low income seniors, meals will be made readily available city-wide for pick up by seniors or their families in order to protect seniors from exposure to COVID 19. The meals can be picked up at six different locations. Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities Approximately 350 senior citizens will benefit from the Senior Nutrition Program. Location Description The lunches will be distributed at the following Community Centers: Perris Hill Senior Center 780 East 21st Street Fifth Street Senior Center 600 West Fifth Street Hernandez Community Center 222 North Lugo Lytle Creek Community Center 380 South "K" Street Highland Senior Center 3102 East Highland Ave. New Hope Family Life Center 1505 West Highland Ave. Planned Activities Parks and Recreation will prepare hot, box meals for pick up. In order to protect seniors, who are especially vulnerable, from exposure to COVID- 19 the nutrition program had to be changed to prevent and respond to COVID. By making the meals available for pick up city-wide the program is responding to and preventing the spread of COVID while providing nutritious meals to very low and low income seniors. Project Name CV- Grab and Go arts and crafts Target Area CityWide Goals Supported 14 Needs Addressed Packet Page. 348 Annual Action Plan 2020 49 OMB Control No: 2506-0117 (exp. 09/30/2021) Funding CDBG-CV: $32,000 Description Parents or guardians are able to pick up craft kits for their children and make the crafts at home. Arts and crafts kits are distributed weekly at all community centers. The staff provides interactive instruction and participants share their work through social media. The manner in which the activity is conducted has been dictated by necessary precautions due to COVID-19. The activities are more expensive since supplies must be purchased new and can no longer be reused as in the past when children attended in-person classes. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately 400 children will benefit from the program. Packet Page. 349 Annual Action Plan 2020 50 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description Delmann Heights Community Center 2969 N. Flores San Bernardino, CA 92405 Rudy C. Hernandez Center 222 N. Lugo Avenue San Bernardino, CA 92408 Ruben Campos Community Center 1717 W. Fifth Street San Bernardino, CA 92410 Lytle Creek Community Center 980 South K Street San Bernardino, CA 92410 Packet Page. 350 Annual Action Plan 2020 51 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities Through the City's Parks, Recreation and Community Services Department, the Grab and Go arts and crafts kits will be distributed to children. Parents or guardians are able to pick up craft kits for their children and make the crafts at home. Arts and crafts kits are distributed weekly at all community centers. The staff provides interactive instruction and participants share their work through social media. The manner in which the activity is conducted has been dictated by necessary precautions due to COVID-19. The activities are more expensive since supplies must be purchased new and can no longer be reused as in the past when children attended in-person classes. Project Name CV- Personal Protective Equipment (PPE) Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG-CV: $24,000 Description Upon reopening of senior centers, community centers, and libraries, staff will need to make available PPE and cleaning/sanitizing supplies to comply with the increased requirements in mandated reopening guidelines. Target Date 6/30/2021 15 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 36,000 families will benefit from the proposed activities. Packet Page. 351 Annual Action Plan 2020 52 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description Delmann Heights Community Center 2969 N. Flores San Bernardino, CA 92405 Rudy C. Hernandez Center 222 N. Lugo Avenue San Bernardino, CA 92408 Ruben Campos Community Center 1717 W. Fifth Street San Bernardino, CA 92410 Lytle Creek Community Center 980 South K Street San Bernardino, CA 92410 Perris Hill Senior Center 780 E. 21st Street San Bernardino, CA 92404 Fifth Street Senior Center 600 West Fifth Street San Bernardino, CA 92410 Norman F. Feldheym Central Library 555 West 6th Street San Bernardino, CA 92410 Dorothy Inghram Branch Library 1505 W. Highland Avenue San Bernardino, CA 92411 Packet Page. 352 Annual Action Plan 2020 53 OMB Control No: 2506-0117 (exp. 09/30/2021) Howard M. Rowe Branch Library 108 E. Marshall Blvd. San Bernardino, CA 92404 Paul Villasenor Branch Library 525 N. Mt. Vernon Avenue San Bernardino, CA 92411 Planned Activities During the COVID-19 , the City's Parks, Recreation and Community Services Department and the Library are revamping the areas to be able to prepare, prevent and respond to the pandemic. Therefore, upon reopening of senior centers, community centers, and libraries, staff will need to make available PPE and cleaning/sanitizing supplies to comply with the increased requirements in mandated reopening guidelines. Project Name CV- Modifications to Public Facilities Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG-CV: $336,823 Description Prior to opening of public facilities, such as senior centers, community centers, and libraries, staff will need to modify the buildings to prepare for, prevent, and respond to COVID-19. Supplies and materials needed, such as tempered glass or Plexiglas, and PPE stations to meet the safety guidelines will be provided. Target Date 6/30/2021 16 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 36,000 families will benefit from the proposed activities. Packet Page. 353 Annual Action Plan 2020 54 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description The activities will be undertaken in all public facilities, such as senior centers, community centers, and libraries, citywide. Buildings for the exclusive purpose of carryng out government functions are excluded: Delmann Heights Community Center 2969 N. Flores San Bernardino, CA 92405 Rudy C. Hernandez Community Center 222 N. Lugo Avenue San Bernardino, CA 92408 Ruben Campos Community Center 1717 W. Fifth Street San Bernardino, CA 92410 Lytle Creek Community Center 980 South K Street San Bernardino, CA 92410 Perris Hill Senior Center 780 E. 21st Street San Bernardino, CA 92404 Norman F. Fedlheym Central Library 555 West 6th Street San Bernardino, CA 92410 Dorothy Inghram Branch Library 1505 W. Highland Avenue San Bernardino, CA 92411 Howard M. Rowe Branch Library 108 E. Mashall Blvd. San Bernardino, CA 92404 Paul Villasenor Branch Library 525 N. Mt. Vernon Avenue San Bernardino, CA 92411 Planned Activities Prior to opening of public facilities, such as senior centers, community centers, and libraries, staff will need to modify the buildings by installing tempered glass or Plexiglas, and PPE stations to prepare for, prevent, and respond to COVID-19 to meet the safety guidelines. Project Name CV- Planning and Administration17 Target Area CityWide Packet Page. 354 Annual Action Plan 2020 55 OMB Control No: 2506-0117 (exp. 09/30/2021) Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG-CV: $400,706 Description Planning and administering the programs Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities Plan and administer the program Project Name Substantial Amend Project Target Area Goals Supported Needs Addressed Funding HOME: $210,718 Description The City will undertake a substantial amendment when it decides what the funds will be spent on ($210,718 - prior year resources) Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description 18 Planned Activities Project Name CDBG-CV3 - Administration Target Area CityWide Goals Supported Planning and Administration Needs Addressed Planning and Administration 19 Funding CDBG-CV3: $340,427 Packet Page. 355 Annual Action Plan 2020 56 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Administration of the CDBG program Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities Project Name CDBG-CV3 - Local Hazard Mitigation Plan and Emergency Operations Plan Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG-CV3: $300,000 Description Update of the City's Emergency Operations Plan (EOP) and Local Hazard Mitigation Plan (LHMP). The City's EOP addresses the planned response to emergencies associated with natural disasters, technological incidents, and national security emergencies. The plan's objective is to incorporate and coordinate all the facilities and personnel of the City into an efficient organization capable of responding to any emergency. The COVID-19 pandemic has been an unprecedented disaster that has affected City operations across all departments. The duration of the COVID-19 pandemic's impact on the community and City functions is unknown; therefore, it is critical that the EOP and LHMP be updated to provide City leaders and personnel guidance during emergency operations in a COVID-19 environment. Target Date Estimate the number and type of families that will benefit from the proposed activities 20 Location Description Packet Page. 356 Annual Action Plan 2020 57 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities Update of the City's Emergency Operations Plan (EOP) and Local Hazard Mitigation Plan (LHMP). The City's EOP addresses the planned response to emergencies associated with natural disasters, technological incidents, and national security emergencies. The plan's objective is to incorporate and coordinate all the facilities and personnel of the City into an efficient organization capable of responding to any emergency. The COVID-19 pandemic has been an unprecedented disaster that has affected City operations across all departments. The duration of the COVID-19 pandemic's impact on the community and City functions is unknown; therefore, it is critical that the EOP and LHMP be updated to provide City leaders and personnel guidance during emergency operations in a COVID-19 environment. Project Name CDBG-CV3 - Fifth Street Senior Center Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG-CV3: $175,000 Description Installation of a shade structure, to support the senior meal program in an open air setting, as well as a concrete access pathway. Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Fifth Street Senior Center 600 West Fifth Street, San Bernardino, CA 92410 21 Planned Activities Installation of a shade structure, to support the senior meal program in an open air setting, as well as a concrete access pathway. Project Name CDBG-CV3 - Encanto Community Center Target Area Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure 22 Funding CDBG-CV3: $371,700 Packet Page. 357 Annual Action Plan 2020 58 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Lobby redesigned for social distancing, touchless automatic entry doors, installation of various touchless restroom equipment/fixtures, showers, partition walls and counters. Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Encanto Community Center 1180 West 9th Street, San Bernardino 92411. Planned Activities Lobby redesigned for social distancing, touchless automatic entry doors, installation of various touchless restroom equipment/fixtures, showers, partition walls and counters. Project Name CDBG-CV3 - Community Centers/Libraries Target Area LMI Areas of the City Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG-CV3: $515,008 Description Design and installation of touchless automatic entry doors at Fifth Street Senior Center, Perris Hill Senior Center, Feldheym Central Library, Howard M. Rowe Branch Library, and Villaseñor Branch Library. Target Date 23 Estimate the number and type of families that will benefit from the proposed activities Packet Page. 358 Annual Action Plan 2020 59 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description Fifth Street Senior Center - 600 West 5th Street, San Bernardino 92410 Perris Hill Senior Center - 780 East 21st Street, San Bernardino 92404 Feldheym Central Library - 555 West 6th Street, San Bernardino 92410 Howard M. Rowe Branch Library - 108 East Marshall Blvd., San Bernardino 92404 Villaseñor Branch Library - 525 North Mt. Vernon Ave., San Bernardino 92411 Planned Activities Design and installation of touchless automatic entry doors at Fifth Street Senior Center, Perris Hill Senior Center, Feldheym Central Library, Howard M. Rowe Branch Library, and Villaseñor Branch Library. Packet Page. 359 Annual Action Plan 2020 60 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will use its funding for PY 2020-2021 to finance a variety of housing, community development, economic development, and capital improvement projects. The majority of the funding will be used to finance projects targeting low- to moderate-income individuals and families throughout the City. CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income. The 2010 U.S. Census identified approximately 68.9 percent of the City consisted of households with low or moderate incomes. A map of the Low / Moderate Income Target Areas is attached to this document. The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2010 Census, approximately 60 percent of the population is of Hispanic Origin, 19 percent is Non-Hispanic, White, 14.2 percent is Black, 3.8 percent is Asian and 2.9 percent is comprised of some “Other” race or ethnicity. Geographic Distribution Target Area Percentage of Funds CityWide 70 LMI Areas of the City 30 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The funding available under the 2020-2021 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2020-2021 Action Plan, the City established priority needs based on an in depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low income neighborhoods where residents have the greatest need for housing/services. The City will focus on low to moderate income neighborhoods where there is a greatest need in the parks, such as having the playground equipment Packet Page. 360 Annual Action Plan 2020 61 OMB Control No: 2506-0117 (exp. 09/30/2021) replaced, because those are the areas of greatest need. Discussion The City of San Bernardino has not designated any Neighborhood Revitalization Strategy Areas (NRSA) within in the City. Packet Page. 361 Annual Action Plan 2020 62 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction In accordance with the Housing Needs Assessment of the Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities and 3) Provide Assistance to Renter Households. One Year Goals for the Number of Households to be Supported Homeless 50 Non-Homeless 318 Special-Needs 75 Total 443 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 75 The Production of New Units 79 Rehab of Existing Units 239 Acquisition of Existing Units 50 Total 443 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion The table “One Year Goals for the Number of Households to be Supported” consists of 50 homeless individual to be supported with housing, 368 units to be built, rehabilitated and acquired. The following projects detail households that will benefit as well as the number of units in the City to be constructed or rehabed. •ConstrucitonConstruction of four (4) ownership housing units added through the Infill Program. Packet Page. 362 Annual Action Plan 2020 63 OMB Control No: 2506-0117 (exp. 09/30/2021) Incomes will range from 50% to 80% of Area Median Income (AMI); •75 affordable rental units to be built at Seccombe Park; •Affordable rental housing rehabilitation of 239 existing units at Foothill Villas Apartments; •Rental assistance to 75 households at risk of homelessness or homeless; •Acquisiton of 50 units as Permanent Support Housing for homeless persons or persons at risk of •homelessness. Packet Page. 363 Annual Action Plan 2020 64 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals. The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord, but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD). In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents. The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino. Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following: Monitor At-Risk Units. The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units Support and Assist Local Non-Profit Organizations. In order to develop or preserve the City's affordable stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City does not own any public housing units, therefore has not undertaken efforts to encourage public housing residents to become more involved in the management of public housing units. However, the Housing Authority of the County of San Bernardino (HACSB) does undertake actions to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership program for residents of public housing. As for homeownership opportunities, the City has initiated an Infill Housing Program that will acquire Packet Page. 364 Annual Action Plan 2020 65 OMB Control No: 2506-0117 (exp. 09/30/2021) distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually it has a moving to work designation which is a designation that a limited number of PHAs across the country have. Discussion See above discussion. Packet Page. 365 Annual Action Plan 2020 66 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction According to the San Bernardino County 2019 Homeless PIT Count there were 883 homeless persons in the City. A total of 244 individuals were sheltered and 639 were unsheltered. To address this issue, the City will allocate approximately $368,273 (allocation plus prior year resources of $72,44) in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services. Additionally, the City will allocate $4,390,475 ($1,019,997 and $3,370,478) in ESG-CV1 and ESG-CV2 respectively, to prevent, prepare for and respond to the Coronavirus among the homeless. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement. The City is continuing its contract in FY 2020-2021 with Step Up On Second, with the goal of reaching 78 homeless persons through street outreach, providing social service referrals to 49 of those 78 persons and facilitating the placement of 13 homeless persons into permanent housing. Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. Due to the changed circumstances as a result of Covid-19, LSSSC has decided it would be more prudent to rehabilitate their existing shelter, instead of building a new shelter as previously planned. The City will assist LSSSC by provding $500,000 for the rehabilitation and modification of the existing shelter to better prevent, prepare for and respond to Covid-19. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals Packet Page. 366 Annual Action Plan 2020 67 OMB Control No: 2506-0117 (exp. 09/30/2021) and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness. Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health. The City has partnered with Step Up on Second to provide street outreach services to homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing. To date, in FY 2019-2020, Step Up has housed 13 individuals and provided linkage to services to 78 persons. San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being Packet Page. 367 Annual Action Plan 2020 68 OMB Control No: 2506-0117 (exp. 09/30/2021) discharged from a publicly-funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness. Discussion In 2018, the City declared a shelter crisis which allowed agencies to apply for the State’s Homeless Emergency Aid Program (HEAP) funding. Four agencies serving homeless persons in the City of San Bernardino received $2.1 million in HEAP funds that can be used over four years. The CoC’s coordinated entry system provides a single point of entry for people who are homeless to be screened and assessed for a range of CoC and City funded homeless programs, including emergency shelters, transitional housing, permanent supportive housing, and rapid rehousing services. All contracted service providers report outcomes based on the countywide outcome standards developed by the County Office of Homeless Services, in order to inform future adjustments to the service system. In FY 18-19, the City facilitated the purchase of two (2) multi-family properties by Foothill Aids Project. In FY 19-20 those properties will be rehabilitated and leased to low-income persons with HIV/Aids. Packet Page. 368 Annual Action Plan 2020 69 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: •Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding was the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. •Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing. •Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development, but is necessary to facilitate pedestrian and vehicular access and movement in the City. •Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. •Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single-family homes and poorly maintained multifamily complexes. •State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi- Packet Page. 369 Annual Action Plan 2020 70 OMB Control No: 2506-0117 (exp. 09/30/2021) family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing: 1.General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot Consolidation. 2.Density Bonus Provisions - Density bonus projects can be an important source of housing for lower and moderate income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. 3.Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. 4.Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects. 5.The City will update its General Plan. Packet Page. 370 Annual Action Plan 2020 71 OMB Control No: 2506-0117 (exp. 09/30/2021) Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For PY 2020-2021, the City will continue to fund its Infill Housing Program and its Owner Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single family units owned by low and moderate income households. Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households. Packet Page. 371 Annual Action Plan 2020 72 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: Priority Needs established in the FY 2020-2025 Five-Year Consolidated Plan, which form the basis for establishing objectives and outcomes in the FY 2020-2021 One-Year Action Plan, are as follows: High Priority •Preserve and Rehabilitate Housing •Expand homeownership opportunities •Provide Homeless and Homeless Prevention Services •Promote economic development and employment opportunities for low and moderate income persons. Micro-Enterprise Low Priority •New affordable Rental Housing •Improve and expand existing community facilities and infrastructure to meet current and future needs. •Eliminate identified impediments to fair housing through education, enforcement, and testing. •Planning and Administration – CDBG, HOME, and ESG •New Affordable Housing Construction or Rehabilitation •Expand homeownership opportunities – Infill Housing •First-Time Homeownership – CHDO 15% set-aside •New affordable rental housing Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development to It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds. The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for Packet Page. 372 Annual Action Plan 2020 73 OMB Control No: 2506-0117 (exp. 09/30/2021) seniors and lower-income households. Actions planned to foster and maintain affordable housing The City will invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner-Occupied Rehabilitation Loan Program. Actions planned to reduce lead-based paint hazards To reduce lead-based paint hazards and in accordance, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner Occupied Residential Rehabilitation Program will be tested for lead based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35. Actions planned to reduce the number of poverty-level families For PY 2020-2021, the City will support: •An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate income households •Micro Enterprise Program that will provide small business development training and support to income qualified clients who are wish to start their own small business. •Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. •The improvement of various park facilities within income-eligible areas of the City that provide recreational and support services to low- and moderate-income residents of the City. •The efforts of HACSB, who provides rental assisance and conventional housing to low-income households. •The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. •The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness. •The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current Packet Page. 373 Annual Action Plan 2020 74 OMB Control No: 2506-0117 (exp. 09/30/2021) housing or to locate another housing placement. Actions planned to develop institutional structure During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e. CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions planned to enhance coordination between public and private housing and social service agencies During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development. Discussion: The implementation of the PY 2020-2021 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies. Packet Page. 374 Annual Action Plan 2020 75 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: In the implementation of programs and activities under the 2020-2021 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 817,368 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan.0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income:817,368 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.80.00% Packet Page. 375 Annual Action Plan 2020 76 OMB Control No: 2506-0117 (exp. 09/30/2021) HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254: 1. If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. 2. If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount. 3. In no event shall City’s recovery exceed the amount of the Net Proceeds. The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single family rehabilitation programs the City utilizes the homeownership Packet Page. 376 Annual Action Plan 2020 77 OMB Control No: 2506-0117 (exp. 09/30/2021) limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability •Amount of HOME Subsidy: Less than $15,000 Period of Affordability: 5 years •Amount of HOME Subsidy: $15,000 to $40,000 Period of Affordability: 10 years •Amount of HOME Subsidy: More than $40,000 Period of Affordability:15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs. The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new NOFAs and RPS are released. Packet Page. 377 Annual Action Plan 2020 78 OMB Control No: 2506-0117 (exp. 09/30/2021) Emergency Solutions Grant (ESG) Reference 91.220(l)(4) 1.Include written standards for providing ESG assistance (may include as attachment) Please refer to an attachment incluced in Admin (AD-26). 2.If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low cost health and human service providers. 211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org. Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness. 3.Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness. The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past Packet Page. 378 Annual Action Plan 2020 79 OMB Control No: 2506-0117 (exp. 09/30/2021) performance are also considered. Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2020-2021 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval. 4.If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City. The ICH is charged with directing, coordinating and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations. As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that Packet Page. 379 Annual Action Plan 2020 80 OMB Control No: 2506-0117 (exp. 09/30/2021) includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub- recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG. 5.Describe performance standards for evaluating ESG. ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities. ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance. Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons. Packet Page. 380 Annual Action Plan 2020 81 OMB Control No: 2506-0117 (exp. 09/30/2021) Housing Trust Fund (HTF) Reference 24 CFR 91.220(l)(5) 1. Distribution of Funds a. Describe the eligibility requirements for recipients of HTF funds (as defined in 24 CFR § 93.2). b. Describe the jurisdiction’s application requirements for eligible recipients to apply for HTF funds. c. Describe the selection criteria that the jurisdiction will use to select applications submitted by eligible recipients. d. Describe the jurisdiction’s required priority for funding based on geographic distribution, which is a description of the geographic areas of the State (including areas of low-income and minority concentration) in which it will direct assistance during the ensuing program year. e. Describe the jurisdiction’s required priority for funding based on the applicant's ability to obligate HTF funds and undertake eligible activities in a timely manner. f. Describe the jurisdiction’s required priority for funding based on the extent to which rents for units in the rental project are affordable to extremely low-income families. g. Describe the jurisdiction’s required priority for funding based on the financial feasibility of the project beyond the required 30-year period. h. Describe the jurisdiction’s required priority for funding based on the merits of the application in meeting the priority housing needs of the jurisdiction (such as housing that is accessible to transit or employment centers, housing that includes green building and sustainable development features, or housing that serves special needs populations). Packet Page. 381 Annual Action Plan 2020 82 OMB Control No: 2506-0117 (exp. 09/30/2021) i. Describe the jurisdiction’s required priority for funding based on the location of existing affordable housing. j. Describe the jurisdiction’s required priority for funding based on the extent to which the application makes use of non-federal funding sources. 2. Does the jurisdiction’s application require the applicant to include a description of the eligible activities to be conducted with HTF funds? 3. Does the jurisdiction’s application require that each eligible recipient certify that housing units assisted with HTF funds will comply with HTF requirements? 4. Performance Goals and Benchmarks. The jurisdiction has met the requirement to provide for performance goals, consistent with the jurisdiction’s goals established under 24 CFR 91.215(b)(2), by including HTF in its housing goals in the housing table on the SP-45 Goals and AP-20 Annual Goals and Objectives screens. 5. Rehabilitation Standards. The jurisdiction must establish rehabilitation standards for all HTF-assisted housing rehabilitation activities that set forth the requirements that the housing must meet upon project completion. The jurisdiction’s description of its standards must be in sufficient detail to determine the required rehabilitation work including methods and materials. The standards may refer to applicable codes or they may establish requirements that exceed the minimum requirements of the codes. The jurisdiction must attach its rehabilitation standards below. If the jurisdiction will not use HTF funds for the rehabilitation of housing, enter “N/A”. In addition, the rehabilitation standards must address each of the following: health and safety; major systems; lead-based paint; accessibility; disaster mitigation (where relevant); state and local codes, ordinances, and zoning requirements; Uniform Physical Condition Standards; and Capital Needs Assessments (if applicable). 6. Resale or Recapture Guidelines. Below, the jurisdiction must enter (or attach) a description of the guidelines that will be used for resale or recapture of HTF funds when used to assist first-time homebuyers. If the jurisdiction will not use HTF funds to assist first-time homebuyers, enter “N/A”. Packet Page. 382 Annual Action Plan 2020 83 OMB Control No: 2506-0117 (exp. 09/30/2021) 7. HTF Affordable Homeownership Limits. If the jurisdiction intends to use HTF funds for homebuyer assistance and does not use the HTF affordable homeownership limits for the area provided by HUD, it must determine 95 percent of the median area purchase price and set forth the information in accordance with §93.305. If the jurisdiction will not use HTF funds to assist first-time homebuyers, enter “N/A”. 8. Limited Beneficiaries or Preferences. Describe how the jurisdiction will limit the beneficiaries or give preferences to a particular segment of the extremely low- or very low-income population to serve unmet needs identified in its consolidated plan or annual action plan. If the jurisdiction will not limit the beneficiaries or give preferences to a particular segment of the extremely low- or very low-income population, enter “N/A.” Any limitation or preference must not violate nondiscrimination requirements in § 93.350, and the jurisdiction must not limit or give preferences to students. The jurisdiction may permit rental housing owners to limit tenants or give a preference in accordance with § 93.303 only if such limitation or preference is described in the action plan. 9. Refinancing of Existing Debt. Enter or attach the jurisdiction’s refinancing guidelines below. The guidelines describe the conditions under which the jurisdiction will refinance existing rental housing project debt. The jurisdiction’s refinancing guidelines must, at minimum, demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. If the jurisdiction will not refinance existing debt, enter “N/A.” Discussion: See above discussion. Packet Page. 383 FY2023-2024 ANNUAL ACTION PLAN JUNE 21, 2023 Community, Housing, and Economic Development Department Packet Page. 384 Annual Action Plan 2023-2024 1 DRAFT San Bernardino City FY 2023-2024 Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction Each year, the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of San Bernardino (City), specifically the Community Development Block Grant (CDBG) and other federal housing funds. To receive these funds, the City must complete a report every five years called the Consolidated Plan. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plans. The City is an entitlement jurisdiction and will receive the following federal grants: • Community Development Block Grant (CDBG) • HOME Investment Partnerships Program (HOME) • Emergency Solutions Grant (ESG) 2. Summarize the objectives and outcomes identified in the Plan The City of San Bernardino has identified a range of housing and community development needs in accordance with the structure presented in HUD regulations for affordable housing, homelessness, and non- housing community development. Priority is assigned based on the level of need demonstrated by the data collected during the plan preparation, specifically in the Needs Assessment and the Market Analysis, the information gathered during the consultation and citizen participation process, and the availability of resources to address these needs. Based on these components, housing needs are considered a high priority, particularly low-income ownership housing and transitional housing with supportive services for the homeless population. Out of the top ten prio rity needs, the feedback from citizen participation indicated that the top four pressing concerns of the City are: • Homelessness and homelessness issues (i.e., supportive housing) • Access to affordable housing • Street infrastructure (i.e., road maintenance and street lighting) • Joblessness/job creation Packet Page. 385 Annual Action Plan 2023-2024 2 DRAFT San Bernardino City FY 2023-2024 Priorities Objectives/Goals The following goals outlined in the Consolidated Plan and to be implemented during the FY 2 3-24 Annual Action Plan are listed below: 1. Promote Economic Development: Repayment of debt service for the Arden Guthrie Project which will create 214 jobs. 2. Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services. 3. Expand Homeownership Opportunities: Fund construction of six (6) single-family homes, city-wide where opportunities exist for infill housing for low to moderate-income households whose incomes will range from 50% to 80% of Area Median Income (AMI). 4. New Affordable Housing Construction or Rehabilitation: Assist with new affordable housing construction or rehabilitation projects. 5. Improve Facilities and Infrastructure: Improve selected streets resulting from new Infill Housing projects. Fund projects to comprehensively improve, the safety, accessibility, and quality of life in low-income and the surrounding neighborhoods by completing street surface reconstruction including sidewalks, curbs, and gutters while removing Americans with Disabilities Act (ADA) barriers. Summary of some of the findings used to determine priority need : • 222,101 persons reside in San Bernardino (US Census Bureau 2020) comprising of 59,770 households. • Approximately 23.7% live in poverty. • San Bernardino County Point-In-Time Count (PITC) data have indicated a need to support programs that serve people experiencing homelessness. The 2022 PITs count for the City is 1,350 which accounts for 40.5% of San Bernardino County’s total count. • City provides for and residents benefits from participating in homelessness and homelessness issues (i.e., supportive housing), access to affordable housing, street infrastructure (i.e., road maintenance and street lighting) and joblessness/job creation. • The City utilizes CDBG funds for public services, public facilities and improvements, housing activities, and planning and administrative costs. The CDBG program’s primary objective is to develop viable urban communities by providing decent housing, a suitable living envir onment, and economic opportunities, principally for persons of low and moderate income. Funds can be used for a wide array of activities, including housing rehabilitation, homeownership assistance, lead-based paint detection and removal, construction or rehabilitation of public facilities and infrastructure, removal of architectural barriers, public services, rehabilitation of commercial or industrial buildings, and loans or grants to businesses. Packet Page. 386 Annual Action Plan 2023-2024 3 DRAFT San Bernardino City FY 2023-2024 3. Evaluation of past performance Preserve and rehabilitate existing single-family dwellings – The Owner-Occupied Housing Rehabilitation Program provided financial assistance to income-qualified, San Bernardino homeowners for repairs to their homes. The program serviced five (5) owner-occupied Housing Rehabilitation projects. Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In FY 22-23, the City completed the construction of three (3) homes, on an infill lot, to create affordable housing opportunities. This program improves neighborhoods by utilizing vacant and blighted lots for new owner-occupied housing. The City and the CHDO partner, Neighborhood housing Partnership Services, are marketing these affordable units for sale to households at 50% to 80% of AMI for the County of San Bernardino. Provide Supportive Services - Homeless / Non-Homeless Special Needs - In FY 22-23, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community of the multi-phase Rental Assistance Demonstration (RAD) project. Phase two entails the building of 147 affordable units for mixed-income family apartments to households with 30% to 60% of AMI. Promote Economic Development - In partnership with the Inland Empire Small Business Development Center, the City promoted and hosted small business/entrepreneur workshops. 12 San Bernardino small businesses were assisted. Due to the COVID-19 pandemic, workshops had to be postponed. Improve Public Facilities and Infrastructure - In FY 22-23, the City completed the following street improvements in March 2023: 532 Ramona Avenue (Ward 1); 2129 Wall Avenue (Ward 2); 938 N. G Street (Ward 2); 140 W. 13th Street (Ward 2); 2060 E. 18th Street (Ward 7); Grape Street (Walnut to Mill Street) (Ward 3); and Davidson Avenue (Baseline to 14th) (Ward-6). The City initiated Citywide Pavement rehabilitation for 3 locations; 10th Street between F Street and G Street, 49th Street between Sepulveda Avenue to the end, and Rialto Avenue from Mt. Vernon and Muscott. The completion is expected in January 2024. Fair Housing - The Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing services to eliminate identified impediments to fair housing through education, enforcement, and testing to approximately 3,300 persons in the City. Planning and Administration: Provided funds for planning and administration of CDBG, HOME, and ESG. Provide rental assistance and preserve existing affordable rental housing - In FY 22-23, 226 unit files were monitored, and the City expects 167 units to be physically inspected to ensure units remained affordable and habitable. Packet Page. 387 Annual Action Plan 2023-2024 4 DRAFT San Bernardino City FY 2023-2024 Expand the affordable housing inventory through new construction - In FY 22-23, the third phase of construction was completed on the site of the former Waterman Gardens Public Housing community (now called Crestview Terrace), and is fully leased, and provided 184 one-, two-, and three–bedroom, affordable units to individuals and families earning below 30, 50, and 60 percent of the area median income. 4. Summary of Citizen Participation Process and consultation process The development of the action plan was aligned with the goals of the Consolidated plan. To solicit public input during the development of the Consolidated Plan, the City conducted the following meetings: • Virtual Community Workshop. • Stakeholder Interviews; and • Online Survey. The Action Plan will be discussed in a publicly noticed meeting where an opportunity for public comment is provided. The first public hearing for the draft FY 23-24 Annual Action Plan to City Council was held on May 3, 2023. The draft plan was available for public review between May 19, 2023, and June 20, 2023, on the City's website, the Community, Housing, and Economic Development Department, the City’s Clerk Office, and Feldheym Central Library. The public review period for the Draft 2023-2024 Action Plan was published in The San Bernardino Sun (English), and El Chicano (Spanish). 5. Summary of public comments The top three infrastructure needs that were identified in the Consolidated Plan were street improvements, street lighting, and tree planting/urban greenery. City-facility needs identified were community centers, park and recreational facilities, and youth centers. For housing needs, the top three identified were: 1. First-time home buyer assistance 2. Owner-occupied rehabilitation 3. Renter-occupied housing rehabilitation Respondents also identified two primary homeless needs: 1. Permanent supportive housing with social services 2. Transitional housing (short-term up to 6 months) 6. Summary of comments or views not accepted and the reasons for not accepting them No comments or views were not accepted by the City. Packet Page. 388 Annual Action Plan 2023-2024 5 DRAFT San Bernardino City FY 2023-2024 7. Summary The City has taken diligent and good-faith efforts to reach all segments of the community that may benefit from the City’s CDBG, HOME, and ESG programs. Packet Page. 389 Annual Action Plan 2023-2024 6 DRAFT San Bernardino City FY 2023-2024 PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for the administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency SAN BERNARDINO CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department Table 1 – Responsible Agencies Narrative (optional) The City’s Community and Economic Development Department administers, implements, and monitors activities and projects funded through federal grants. The Community and Economic Development Department is responsible for developing and carrying out the prior ities and goals established in the Consolidated Plan. In addition, the Department works collaboratively with the Public Works Department, Cit y Parks and Recreation Department, City Manager’s Office, and City Council to develop goals and priorities for the current year that are aligned with the Consolidated Plan and address the needs of the residents of San Bernardino. Consolidated Plan Public Contact Information For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: Mrs. Cassandra Searcy, Deputy Director of Housing & Homelessness 201 N. E Street, 3rd Floor, San Bernardino, CA 92418 Email: searcy_ca@sbcity.org | Phone: (909) 384-727 Packet Page. 390 Annual Action Plan 2023-2024 7 DRAFT San Bernardino City FY 2023-2024 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City views the Consolidated Plan and Annual Action Plan as an opportunity to engage the community in the CDBG, HOME, and ESG investment process. The City encourages its residents to voice their needs and concerns regarding homelessness, affordable housing, and community development. All members of the public, especially those living in low- and moderate-income neighborhoods, are encouraged to participate in the planning stages. The goal of the consultation process was to gather data to help determine the priority needs. The City also coordinates and collaborates with various service providers to identify specific needs or certain vulnerable populations. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) • The City has been working in partnership with the Housing Authority of the County of San Bernardino (HACSB) and the County Community Development and Housing Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as Arrowhead Grove neighborhood). The City is also working in partnership with National CORE, an Inland Empire Community Housing Development Organization (CDHO), and HACSB in the development of Arrowhead Grove. • The City partners with Neighborhood Partnership Housing Services (NPHS), a CHDO, for the administration of an owner-occupied, single-family rehabilitation program. • Housing Partners I, also a CHDO, and NPHS partner with the City to build new single-family, ownership housing on vacant and blighted lots throughout the city, to increase homeownership among households at and below 80% of the Area Median Income. • The City coordinates with the County Department of Behavioral Health (DBH) in an ongoing exchange of information and resources available to persons who are experiencing homelessness and mental health crises. The City has also partnered with DBH in the Golden Apartments project where DBH provides case management services for formerly homeless residents who live with mental illness. • The City has also been working on investment strategies for housing and health with Dignity Health. Dignity Health’s Community Investment program provided a $1.2 million loan for the construction of Arrowhead Grove Phase 3, which result ed in the construction of a 184 mixed- income development, with 147 units reserved for low-income households. • The City has been consulting with the HACSB and the Community Development and Housing Agency of the County of San Bernardino concerning lead -based paint hazards as it relates to the rehabilitation of owner-occupied single-family homes. The City has also consulted with HUD’s environmental office regarding lead-based paint and staff attended the most recent lead-based paint training provided onsite at the HUD Los Angeles office. Packet Page. 391 Annual Action Plan 2023-2024 8 DRAFT San Bernardino City FY 2023-2024 • The City has been in coordination with the San Bernardino Unified School District with their Uplift San Bernardino initiative. Uplift San Bernardino is focused on the future of the youth community, such as launching the future workforce into local jobs; igniting Upward Mobility in the community; convening leadership work groups to change systems & policies; effectively inspiring community voice & engagement to inform better decisions & increase access to opportunities, especially for youth; create a shared understanding of issues & opportunities based on research & data; mobilize people and resources to fill in gaps identified between systems and promote accountability through a transparent history of Uplift’s decisions, progress, & learning. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessnes s. The City recognizes the need to address people experiencing homelessness, particularly the chronically homeless populations. The City collaboratively works with four entities throughout the County of San Bernardino. The following entities are: 1) Interagency Council on Homelessness 2) Homeless Provider Network 3) Central Valley Steering Committee 4) San Bernardino County Behavioral Health Administration, Office of Homeless Services These entities comprise policy-making bodies, advisory groups of faith-based and non-profit housing organizations, collaborative organizations among City jurisdictions, and committees established specifically to assist those experiencing homelessness. The “10-Year Strategy to End Homelessness in San Bernardino County” guides the actions and serves as a blueprint to end homelessness in the County of San Bernardino. Concurrently, the City of San Bernardino also actively participates in the Continuum of Care (CoC) and is fully supportive of the objectives of the 10-Year Strategy to End Homelessness in San Bernardino County plan. Sandra Ibarra represents the City on the board of the Interagency Council on Homelessness. The City’s Police Department supports and participates in the Point-in-Time (PIT) Homeless County. The Community & Economic Department requires its ESG sub-recipients to participate in the CoC’s Homeless Management Information System (HMIS). This software application is designed to collect client-level data and data on the provision of housing and services to homeless individuals, families, and people at risk of homelessness. Lastly, the City funds organizations through the ESG programs that provide street outreach, emergency shelter, homeless prevention services, rapid rehousing, and HMIS. Packet Page. 392 Annual Action Plan 2023-2024 9 DRAFT San Bernardino City FY 2023-2024 Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City closely works with the CoC and attends its regularly scheduled meetings and training in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, concerning funding recommendations. The discussions at the ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates help evaluate the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative from the Housing Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year, HASCB, along with the support and efforts of our affiliate non - profits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans. 2. Describe Agencies, groups, organizations, and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies , and other entities Packet Page. 393 Annual Action Plan 2023-2024 10 DRAFT San Bernardino City FY 2023-2024 Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency Major Employer What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino and participated in a community workshop. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. 2 Agency/Group/Organization Neighborhood Partnership Housing Services, Inc. (NPHS) Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing and infrastructure investment in the community. 3 Agency/Group/Organization Lutheran Social Services of Southern California (LSSSC) Agency/Group/Organization Type Services - Housing What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community Packet Page. 394 Annual Action Plan 2023-2024 11 DRAFT San Bernardino City FY 2023-2024 4 Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Public Housing Agency (PHA) Other government - County What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. 5 Agency/Group/Organization City of San Bernardino - Housing Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Non-Homeless Special Needs Economic Development Lead-based Paint Strategy Hazard Mitigation Packet Page. 395 Annual Action Plan 2023-2024 12 DRAFT San Bernardino City FY 2023-2024 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Public Works Department has an ongoing internal coordination process with the Housing Department for projects and plans funded through CDBG. The coordination provides the City with input regarding hazard mitigation and a continued open channel with resilience agencies (whose primary responsibilities include the management of flood-prone areas, public land or water resources, and emergency management agencies) in the development of its plan. The IT Department has an ongoing coordination process with the Housing Department for projects and plans funded through CDBG. The internal coordination provides the City with input regarding broadband (broadband internet service providers and organizations engaged in narrowing the digital divide) in the development of its plan. Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement. For future planning processes, the City will make a special effort to include specified organizations that provide a wide range of services to the residents of San Bernardino. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care Alliance Potential funding allocations to address homeless needs will complement the COC Strategy. 10-Year Strategy to End Homelessness Continuum of Care Alliance Funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. City of San Bernardino 2021 - 2029 Housing Element City of San Bernardino Department of Community Development Potential funding allocations to address housing needs that will complement the 2021-2029 Housing Element Housing Authority of the County of San Bernardino Housing Authority County of San Bernardino (HACSB) The City will support HACSB's efforts on public housing and the ongoing partnership on Waterman Gardens Packet Page. 396 Annual Action Plan 2023-2024 13 DRAFT San Bernardino City FY 2023-2024 Table 3 – Other local / regional / federal planning efforts Narrative (optional) During the preparation of the Consolidated plan, City staff, along with assistance from their consultant, worked to engage a wide array of residents and stakeholders for the community outreach process. The City engaged residents and stakeholders through a community survey, stakeholder interviews, and community meetings. Various service providers, such as Health Agencies and Homeless Service providers, were i ncluded. Stakeholders and residents provided feedback on priorities, housing problems, and possible solutions. They were asked to provide input on how the City should spend its CDBG, HOME, and ESG funding. Packet Page. 397 Annual Action Plan 2023-2024 14 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting The City published notice for public hearings and provided a 30-day public review of the FY 2023-2024 Annual Action Plan in El Chicano and The San Bernardino Sun. The report was also made available at the City’s Clerk Office, 201 N. E. Street, Bldg. A, San Bernardino, CA 92401, the Department of Community and Economic Development, 201 N. E. Street, 3rd Floor, San Bernardino, CA 92401, the Feldheym Central Library, 555 W. 6th St, San Bernardino, CA 92410, and on the City’s website at the Community and Economic Development Department. Packet Page. 398 Annual Action Plan 2023-2024 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/ attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Newspaper Ad Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Low Income Persons Public Notices were published on March 30, 2023 and April 10, 2023. No responses were received. N/A http:iecn.com/newspapers /el-chicano/ https://www.sbsun.com Packet Page. 399 Annual Action Plan 2023-2024 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/ attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 2 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Members of the public attended May 3, 2023, Public Hearing General comments from the public : 1. Recommendation for the possible use of 4th Street buildings for homeless services Council Comments: 1. Fence for Casa Ramona property is not an eligible activity, not providing public service 2. Public Works will provide a presentation to Council for Capital Improvement Projects N/A www.sbcity.org/housing Packet Page. 400 Annual Action Plan 2023-2024 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/ attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 3 Newspaper Ad Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Low-Income Persons Public Notices were published on May 18, 2023 No responses were received. N/A http:iecn.com/newspapers /el-chicano/ https://www.sbsun.com Packet Page. 401 Annual Action Plan 2023-2024 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/ attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 4 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Low-Income Persons Members of the public attended the June 21, 2023, Public Hearing. Need for extreme weather shelter, rent protection, at-risk youth, and assistance for homelessness with rapid rehousing. Council requested an update on Section 108, the need for street improvement, and ensuring organizations within the City are contacted for future funding. N/A www.sbcity.org/housing Table 4 – Citizen Participation Outreach Packet Page. 402 Annual Action Plan 2023-2024 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction San Bernardino, like many other jurisdictions, is faced with the challenging task of meeting increasing needs with fluctuating and/or decreasing federal and state resources. The figures shown in the Anticipated Resources table below reflect HUD's current allocation. The figure for "Expected Amount Available for Remainder of Con Plan" anticipates the level of funding using the current year allocations and projecting those alloc ations over the remaining years covered by the Consolidated Plan. If there are any cuts to the City's allocation over the coming years, the City will adjust this figure accordingly Packet Page. 403 Annual Action Plan 2023-2024 20 OMB Control No: 2506-0117 (exp. 09/30/2021) and prepare the Annual Action Plans reflective of the funding reality. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 2,942,853 0 1,627,000 4,569,853 2,950,000 Amounts represent the annual CDBG allocation based on the FY 2023-24 program year. This funding will be invested in the preservation of affordable housing units, public improvement facilities, and the Section 108 Program. Packet Page. 404 Annual Action Plan 2023-2024 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,460,936 0 4,681,028 6,141,964 1,450,000 Amounts represent the annual HOME allocation based on the FY 2023-24 program year. This funding year is the fourth year of the 5-Year Consolidated Plan. This funding will be invested in the development and/or rehabilitation of single-family and/or multi-family rental housing, and Infill Housing Program (homeownership) Packet Page. 405 Annual Action Plan 2023-2024 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 273,557 0 0 273,557 273,000 ESG monies will fund subrecipients to assist people experiencing homelessness with Emergency Shelter (ES), HMIS, Motel Vouchers, Rapid Re-Housing, Rental Assistance, and Homelessness Prevention (HP). Table 5 - Expected Resources – Priority Table Packet Page. 406 Annual Action Plan 2023-2024 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied : The City will focus on leveraging its federal resources with state, local, and private capital to develop quality and decent affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including: Federal Resources • Section 8 Housing Choice Voucher Program • Federal Low-Income Housing Tax Credit Program • Tax Exempt Bond Financing • Community Investment Funds from Dignity Health State Resources • Tax Exempt bonds • State Low-Income Housing Tax Credit Program • No Place Like Home • Community Reinvestments Funds • Permanent Local Housing Allocation (PLHA) from California State Department of Housing • Veteran Housing and Homeless Prevention Program Local Resources • San Bernardino County Continuum of Care • Housing Authority of San Bernardino County (HACSB) Private Resources • Dignity Health • San Manuel Band of Mission Indians • San Bernardino Unified School District • City of San Bernardino Successor Housing Agency Packet Page. 407 Annual Action Plan 2023-2024 24 OMB Control No: 2506-0117 (exp. 09/30/2021) Per HUD regulations, ESG recipients must match 100 percent of their ESG annual allocation. For those organizations that recei ved ESG funds, agencies met the match requirement through the utilization of volunteerism, in-kind contributions, and funds from other local, state, and federal programs. In addition, HUD requires HOME recipients to match 25 percent of their HOME annual allocation. Under 24 CFR 92.222, when a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of the match. The FY 2023-2024 match reductions are not available as of the date of this writing. As of November 2022, the City received a 100 percent match reduction due to severe fiscal distress. The City of San Bernardino will continue to leverage its HOME funds with other housing resources as required. Any funds that are used in a HOME activity more than the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year. Packet Page. 408 Annual Action Plan 2023-2024 25 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan With the dissolution of the redevelopment agency, successor agencies with real property assets are required to dispose of the properties pursuant to the City’s Long-Range Property Management Plan or Housing Asset Transfer (HAT) Plan. The Successor Agency h as transferred all property listed on the Housing Asset Transfer list to the City as the Successor Housing Agency. The City will determine the development and/or disposition of these properties in the following months. Discussion The Housing Successor Agency has a disposition plan for the parcels and the City will retain some for economic development purposes, sell a number of the parcels and retain others for housing. The majority of the properties are single-family parcels that the City intends to utilize for the construction of single- family ownership housing. Packet Page. 409 Annual Action Plan 2023-2024 26 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Preserve and Rehabilitate Housing 2020 2025 Affordable Housing CityWide Preserve and Rehabilitate Housing HOME: $200,000 Persons Assisted: 20 2 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless Non-Homeless Special Needs CityWide Provide Homeless and Homeless Prevention Services ESG: $253,040 Homelessness Prevention: 600 Persons Assisted 3 New Affordable Rental Housing 2020 2025 Affordable Housing CityWide New Affordable Rental Housing HOME$1,314,842 Rental units constructed: 2-3 4 Promote Economic Development 2020 2025 Non-Housing Community Development CityWide Promote economic development CDBG : $782,760 Jobs created/retained: 214 businesses assisted: 20 5 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide Improve facilities and infrastructure CDBG : $2,780,158 Persons Assisted: 1500 6 Fair Housing 2020 2025 Fair Housing CityWide Fair Housing CDBG: $77,000 Persons assisted: 2700 7 Planning & Administration 2020 2025 Administration CityWide Planning & Administration CDBG, HOME, ESG: $755,181 Table 6 – Goals Summary Packet Page. 410 Annual Action Plan 2023-2024 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Descriptions 1 Goal Name Preserve and Rehabilitate Housing Goal Description To provide funding for homeowner-occupied and rental housing rehabilitation. 2 Goal Name Provide Homeless and Homeless Prevention Services Goal Description Provide funding to assist homeless individuals and those with special needs with supportive services. Includes funding to prepare for, prevent and respond to COVID through emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. 3 Goal Name New Affordable Rental Housing Goal Description Provide funding for new affordable rental housing (new construction or rehabilitation) and affordable rental housing with supportive services for homeless individuals and veterans. 4 Goal Name Promote Economic Development Goal Description Provide funding for the City's Micro-Enterprise Program as well as support programs and projects that create jobs, and promote economic revitalization. 5 Goal Name Improve Facilities and Infrastructure Goal Description Provide funding to improve public facilities and infrastructure, including parks, community centers, and sidewalks. 6 Goal Name Fair Housing Goal Description Promote fair housing choice through the following activities: fair housing education, fair housing testing, housing assistance hotline, and landlord-tenant mediation. 7 Goal Name Planning and Administration Goal Description Compliance with all HUD Consolidated Plan and CDBG, HOME, and ESG program regulations is a requirement for participation in t his program Packet Page. 411 Annual Action Plan 2023-2024 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund FY2023-2024 eligible projects in the following categories: promote economic development, fair housing, expand homeownership opportunities, new affordable rental housing, improve public facilities and infrastructure, provide supportive services to homeless individuals and those with special needs, and program planning and administration. # Project Name 1 Section 108 Repayment 2 CDBG, HOME, and ESG Program Administration 3 Asociacion de Emprendedor@s 4 Nehemiah Charitable Fund 5 Neighborhood Housing Services of the Inland Empire 6 Street Improvements Projects 7 HOPE Campus Phase I 8 Inland Fair Housing Mediation Board 9 Lutheran Social Services of Southern California 10 Community Action Partnership 11 Family Services Association of Redlands 12 Salvation Army 13 Affordable Housing Projects Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs These project and activity priorities have been identified by the community input received and based on the identified needs of the City. The primary obstacle in addressing the underserved needs is the insufficient resources to meet the ongoing needs of individuals, especially those with special needs such as individuals experiencing homelessness. AP-38 Project Summary Project Summary Information A total of $4,677,360 is available to be used for eligible CDBG, HOME, and ESG projects. This consists of FY 23-24 funding and unexpended funding from prior years. City staff conducted extensive outreach to solicit applications for the year. Packet Page. 412 Annual Action Plan 2023-2024 30 OMB Control No: 2506-0117 (exp. 09/30/2021) PROJECT SUMMARY 1 Project Name Section 108 Debt Repayment Program – Promote Economic Development Target Area LMI Areas of the City Goals Supported Promote Economic Development Needs Addressed Joblessness and Job Creation Funding CDBG: $782,760 Description Section 108 Loan Repayment Program to pursue physical and economic revitalization that will provide jobs. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities 214 individuals will benefit from this proposed activity. Location Description 17.43-acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. Planned Activities The City has moved forward with the sale of the property and using a Section 108 loan for the repayment of the Arden Guthrie Project. Packet Page. 413 Annual Action Plan 2023-2024 31 OMB Control No: 2506-0117 (exp. 09/30/2021) 2 Project Name CDBG, HOME, and ESG Administration Target Area Citywide Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG:$588,570 HOME: $146,094 ESG: $20,517 Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME, and ESG regulations. Annually, the City will monitor its use of CDBG, HOME, and ESG funds to ensure effective and appropriate use of funds. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description Citywide Planned Activities Grant and Project Management. 3 Project Name Asociacion de Emprendedor@s Target Area Citywide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $35,000 Packet Page. 414 Annual Action Plan 2023-2024 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Entrepreneurs and Micro-entrepreneurs in Minority LMI communities continue their education in Empowerment, Leadership, and Business Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities 25 Individuals Location Description Citywide Planned Activities Small business workshops, meetings, and seminars are designed to help small business owner establish or grow their microenterprise. 4 Project Name Nehemiah Charitable Fund Target Area Citywide Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Homelessness and Homelessness Issues Funding CDBG: $15,000 Description Support for local community services Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities 25 Individuals Location Description Citywide Planned Activities Providing support to local nonprofits and residents of LMI areas. 5 Project Name Neighborhood Housing Services of Inland Empire (NHSIE) Target Area Citywide Goals Supported Expand Home Ownership Needs Addressed Homelessness and Homelessness Issues, Access to Affordable Housing Funding CDBG: $90,000 Description NHSIE is dedicated to creating homeownership opportunities, bridging the housing affordability gap, and building sustainable communities of choice Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities This program will benefit approximately 2,700 Low/Moderate Income Households/Tenants. Location Description Citywide Packet Page. 415 Annual Action Plan 2023-2024 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. 6 Project Name Street Improvements Projects Target Area Citywide Goals Supported Improve Facilities and Infrastructure Needs Addressed Street Infrastructure Funding CDBG: $1,080,158 Description Sidewalk replacement and ADA accessibility improvements. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Area with an average income level of 30% to 50% of AMI will benefit of the improvements made to these streets. Location Description The City has proposed to fund Citywide Street Reconstruction in LMA Planned Activities Street improvements and ADA compliance. 7 Project Name HOPE Campus Phase I Target Area Citywide Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Homelessness and Homelessness Issues Funding CDBG: $1,901,365 Description Phase 1 to eventual Navigation Center (HOPE Campus) Homeless Outreach Prevention Education Campus. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities An estimated 250 individuals will benefit annually. Location Description 796 E 6th Street, San Bernardino Planned Activities Temporary emergency shelter space for households and individuals for Phase 1. 8 Project Name Inland Fair Housing Mediation Board (IFHMB) Target Area Citywide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $77,000 Packet Page. 416 Annual Action Plan 2023-2024 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities This program will benefit approximately 2,700 Low/Moderate Income Households/Tenants. Location Description Citywide Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. 9 Project Name Lutheran Social Services of Southern California (LSSSC) Target Area Citywide Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding ESG: $56,795 Description Emergency Shelter, HMIS services Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities 450 homeless individuals Location Description Citywide Planned Activities Emergency Shelter and HMIS support. 10 Project Name Community Action Partnership (CAP) Target Area Citywide Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Homelessness and Homelessness Issues Funding ESG: $60,000 Description Emergency Shelter and HMIS Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities 40 Individuals Location Description Citywide Planned Activities Provide housing assistance and motel voucher assistance Packet Page. 417 Annual Action Plan 2023-2024 35 OMB Control No: 2506-0117 (exp. 09/30/2021) 11 Project Name Family Services Association of Redlands Target Area Citywide Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Homelessness and Homelessness Issues Funding ESG: $70,455 Description Emergency Shelter, Homeless Prevention, Rapid Rehousing Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities 100 individuals and 40 families Location Description Citywide Planned Activities Emergency Shelter and HMIS support. 12 Project Name Salvation Army Target Area Citywide Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Homelessness and Homelessness Issues Funding ESG: $65,790 Description Emergency Shelter and HMIS Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities 40 Individuals Location Description Citywide Planned Activities Provide housing assistance and motel voucher assistance 13 Project Name Affordable Housing Projects Target Area Citywide Goals Supported Affordable Housing Needs Addressed Affordable Housing Funding HOME: $ 1,314,842 Description Construction or rehabilitation of homes. Applicant incomes are to be at or below 80% of Area Median Income. Target Date TBD in next year's Action Plan Packet Page. 418 Annual Action Plan 2023-2024 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description LMI Areas of the City. Planned Activities TBD in next year's Action Plan Table 9 - Project Summary Information Packet Page. 419 Annual Action Plan 2023-2024 37 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low -income and minority concentration) where assistance will be directed The City will use its funding for FY 2023-2024 to fund a variety of housing, community development, economic development, and capital improvement projects. The majority of federal funds will be used to finance projects targeting low- to moderate-income individuals and families throughout the City. CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income. The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades, the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2020 Census, approximately 66.2 percent of the population is of Hispanic Origin, 14.4 percent is Non-Hispanic, White, 13.2 percent is Black, 4.1 percent is Asian, and 8.1 percent is comprised of two or more races. See attached maps, Appendix A, in the Action Plan document as a reference to the geographic distribution. Geographic Distribution Target Area Percentage of Funds Citywide 30 LMI Areas of the City 70 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The funding available under the 2023-2024 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2023-2024 Action Plan, the City established priority needs based on an in-depth analysis of several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low-income neighborhoods where residents have the greatest need for housing/services. Discussion As noted previously, the City does not allocate funds on a geographic basis, instead, funds are allocated Packet Page. 420 Annual Action Plan 2023-2024 38 OMB Control No: 2506-0117 (exp. 09/30/2021) to organizations that provide low-income households with housing and supportive services. On an annual basis, the City prioritizes the use of its CDBG funding for housing and community development activities, including the preservation and conservation of affordable housing and activities that serve low- and moderate-income households. Public improvements and public facilities are qualified as benefiting low- and moderate-income persons. Activities identified under the public service category and targeted to special needs populations are offered on a citywide basis and/or where resources can be coordinated with existing facilities or services. The City of San Bernardino does not have any Neighborhood Revitalization Strategy Areas (NRSA) within its City’s boundaries. Packet Page. 421 Annual Action Plan 2023-2024 39 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction As a reflection of the Housing Needs Assessment of the 2020-2025 Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities 3) Provide Assistance to Renter Households. Preserve and Rehabilitate Housing Approximately 64 percent of total housing units were built before 1980. Housing built before 1980 may present lead-based paint hazards requiring rehabilitation. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value. Expand Home Ownership Opportunities There is a need for affordable housing in San Bernardino. The most prevalent housing problem within the City is cost burden and overcrowded conditions. San Bernardino has a population of 220,821 persons and a total of 61,680 households. Nearly 59 percent of households in San Bernardino (36,355 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI). Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation, and medical care . Overcrowded conditions exist when more people are living within a single dwelling than there is space for, so that movement is restricted, privacy is compromised, and levels of stress increase. The City’s housing market has increased over the past few years. In 2015, the median income in the City was $37,047 with a median home value of $159,800. In 2021, the median income in the City was $55,372, a 49 percent increase, with a median home value of $293,000, an 83 percent increase. Housing prices are Packet Page. 422 Annual Action Plan 2023-2024 40 OMB Control No: 2506-0117 (exp. 09/30/2021) outpacing incomes, which can cause most homeowners cost burden. Based on the 2017-2021 ACS, the median income would be sufficient for a renter to afford $1,384 in housing costs per month, which includes rent and utilities, and not be cost-burdened. One-Year Goals for the Number of Households to be Supported Homeless 600 Non-Homeless 1,240 Special-Needs 0 Total 1,840 Table 9 - One Year Goals for Affordable Housing by Support Requirement One-Year Goals for the Number of Households Supported Through Rental Assistance 600 The Production of New Units 5 Rehab of Existing Units 0 Acquisition of Existing Units 0 Total 605 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion The table “One Year Goals for the Number of Households to be Supported” consists of 1,240 non- homeless households to be supported. New Infill Housing construction and affordable multi-family housing for 4-6 households citywide are planned (incomes will range from 50% to 80% of Area Median Income (AMI)). Provide Assistance to Renter Households The City has a significant inventory of publicly assisted rental housing affordable to low-income households. Eighteen affordable rental housing developments in the City offer income/rent-restricted housing for approximately 2,205 very low-income households. A total of 15 public housing communities, with a combined total of 1,627 affordable units, are at risk of losing their affordability status. HACSB does not anticipate losing affordable housing units due to the expiration of contracts in the next five years. These projects are technically considered at risk of converting to market -rate housing. However, most of these projects are non-profit-owned senior housing which will receive priority for rental of subsidy contracts with HUD. Therefore, it is unlikely that the projects will convert to market-rate housing. Nonetheless, the City will periodically reach out to owners of assisted projects to understand their intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring to Packet Page. 423 Annual Action Plan 2023-2024 41 OMB Control No: 2506-0117 (exp. 09/30/2021) extend the terms of affordability. The City also will continue to work with qualified Community Housing Development Organizations (CHDO) to acquire, construct, or rehabilitate multifamily housing as long-term affordable housing for lower- income households. Packet Page. 424 Annual Action Plan 2023-2024 42 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction Public housing and other assisted housing programs are crucial elements of the City’s efforts to address the affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals. The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD). In 2022, the latest year for which data is available, HACSB provided 10,461 housing choice vouchers throughout San Bernardino County, assisting 24,229 individuals. Of those 10,461 housing choice vouchers, 2,4320 were issued to San Bernardino City residents. The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino. Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following: Monitor At-Risk Units The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable, and utilize, if feasible, local incentives to preserve any at-risk units. Support and Assist Local Non-Profit Organizations To develop or preserve the City’s affordable housing stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City does not own any public housing units, the City has not taken efforts to encourage public housing residents to become more involved in management and participate in homeownership. However, the City collaborates with the HACSB to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership program for residents of public housing. As for homeownership opportunities, the City has initiated a Housing Program that will acquire distressed Packet Page. 425 Annual Action Plan 2023-2024 43 OMB Control No: 2506-0117 (exp. 09/30/2021) properties within San Bernardino, rehabilitate them, and sell them to income-qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance HACSB has not been designated as troubled. HACSB was designated a Moving-to-Work Agency by Congress. This is a limited designation to PHAs across the country. Discussion There is no discussion relative to the designation of the county PHA. Packet Page. 426 Annual Action Plan 2023-2024 44 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction According to the San Bernardino County 202 2 Homeless PIT Count, there were 989 unsheltered homeless persons in the City. To address this issue, the City will allocate approximately $253,040 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2)) with problem-solving support to retain current housing or to locate and get housing placement. The City is beginning Phase 1 of its Homeless Outreach Prevention Education Campus (HOPE Campus) to provide Emergency Shelter. This temporary emergency shelter will provide emergency shelter for the City’s homeless while construction of the campus is underway. HOPE Campus will feature non-congregate shelter units, laundry facilities, kitchen facilities, secure storage for personal items, and supportive services. The project is the recipient of HOME ARP funds. Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSSC) to provide an emergency men’s shelter. LSSSC will provide 200 homeless persons in the City of San Bernadino with emergency shelter. The City will also be working with the Salvation Army to provide emergency shelter for 100 persons, focusing on women and women with children. The Salvation Army San Bernardino Hospitality House operates several programs within its 21-room facility. Currently, there are 21 units/rooms of transitional housing for families, three units/rooms set aside for emergency shelter for families, and one room with six beds for single females experiencing homelessness. The total residential capacity is 82 beds but is often over capacity due to cribs and family size. Helping homeless persons (especially chronically homeless individuals and families, families Packet Page. 427 Annual Action Plan 2023-2024 45 OMB Control No: 2506-0117 (exp. 09/30/2021) with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for hom eless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness. San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10 - Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. To meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers to implement a “zero tolerance” plan that will prevent persons from being discharged into Packet Page. 428 Annual Action Plan 2023-2024 46 OMB Control No: 2506-0117 (exp. 09/30/2021) homelessness. Discussion Homeless Related Activities in the City include: • Homeless Outreach-The City has contracted with a 3rd party to provide citywide comprehensive outreach services. The outreach team will be made up of emergency crisis workers that can immediately assist with multiple family/individual crisis as they arise. The team will assist with case mgmt., motel vouchers, basic needs, medical and transportation. • HOPE Center-The City is developing a 200-bed, low-barrier, non-congregate campus to help homeless men, women & families. The campus will be pet friendly and provide onsite supportive services to include mental health, substance abuse counseling, and job training/placement. o Rolling over HOME ARP funds-Funding used to develop the Navigation Center • 1 Homekey Projects o The City has committed $5 million in ARPA funds to Lutheran Social Services of Southern California (LSSSC) on a State of California Homekey Project to develop a 150-bed, non- congregated interim housing with supportive services. Packet Page. 429 Annual Action Plan 2023-2024 47 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The hig h cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds : The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Before 2012, redevelopment activities and funding were the City’s primary tools for assisting with neighborhood revitalization efforts and the production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Protection : State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require an environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delays resulting from the environmental review process are also added to the cost of housing. Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential developments are required to provide sidewalks with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect a fair share of the costs of providing permitting, infrastructure, and services for new residences. Permit and Processing Procedures : Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without c ompromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single - family homes and poorly maintained multifamily complexes. State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. The prevailing wage adds to Packet Page. 430 Annual Action Plan 2023-2024 48 OMB Control No: 2506-0117 (exp. 09/30/2021) the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based on discussions with developers, various prev ailing wage requirements typically inflate the development costs by 35 percent. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. The City undertook a major effort to eliminate constraints, concerning land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development - related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code to further reduce barriers to affordable housing: 1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on - site management. The City is anticipating amending the Development Code to incentivize lot Consolidation. 2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. 3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. 4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects. Packet Page. 431 Annual Action Plan 2023-2024 49 OMB Control No: 2506-0117 (exp. 09/30/2021) 5. The City will update its General Plan. San Bernardino 2050 has prioritized housing. Homepage - Future San Bernardino 2050 (futuresb2050.com) Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For FY 2023-2024, the City will continue to fund its Infill Housing Program and the Owner -Occupied Residential Rehabilitation Program (OORP). Housing Programs - City of San Bernardino (sbcity.org) The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single -family units owned by low and moderate-income households. Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City to create affordable housing for low- and moderate- income households. Packet Page. 432 Annual Action Plan 2023-2024 50 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: Priority Needs established in the FY 2020-2024 Five-Year Consolidated Plan, which forms the basis for establishing objectives and outcomes in the FY 202 3-2024 One-Year Action Plan, are as follows: High Priority Needs: • Preserve and Rehabilitate Housing • Expand Homeownership Opportunities • Provide Homeless and Homeless Prevention Services Low Priority Needs: • New Affordable Rental Housing • Improve and Expand existing Community Facilities and Infrastructure to meet current and future needs • Eliminate identified impediments to fair housing through education, enforcement, and testing • Planning and Administration – CDBG, HOME, ESG • New Affordable Housing Construction or Rehabilitation • Expand Homeownership opportunities – Infill Housing • First-Time Homeownership – CHDO 15% set-aside Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME , and ESG funds through the Action plan in projects that provide financing for affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements, and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. To leverage additional ongoing resources for housing and homeless services, the City will utilize Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development. In 2021 the City received approximately $1.6 million in PLHA funds and expects to receive approximately $7.8 million over the next four years. The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households. Actions planned to foster and maintain affordable housing The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner - Packet Page. 433 Annual Action Plan 2023-2024 51 OMB Control No: 2506-0117 (exp. 09/30/2021) Occupied Rehabilitation Loan Program. The City will continue this program using re-programmed funds from the previous year’s allocation. Actions planned to reduce lead -based paint hazards To reduce lead-based paint hazards, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner-Occupied Residential Rehabilitation Program will be tested for lead-based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35. Actions planned to reduce the number of poverty -level families For FY 2023-2024, the City will support: • Service providers can provide street outreach, rapid re-housing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. • The improvement of streets that align the City’s Capital Improvement Projects with the greatest impact on the neighborhoods. • The efforts of HACSB provide rental assistance and conventional housing to low-income households. • The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services, and various Homeless Service Agencies to provide public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. • The Goals and Objectives of San Bernardino County's 10-Year Strategy to End Homelessness. • Street reconstruction improvements, sidewalk replacement, and Americans with Disabilities Act improvements. • Further, the development of the HOPE Campus to assist homeless or at-risk for homeless individuals and families. The CoC’s coordinated entry system, 2-1-1 San Bernardino County provides persons who are at imminent risk of becoming homeless with problem-solving support to retain current housing or to locate another housing placement. Actions planned to develop institutional structure During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e., CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery Packet Page. 434 Annual Action Plan 2023-2024 52 OMB Control No: 2506-0117 (exp. 09/30/2021) of housing and social services to low- and moderate-income San Bernardino residents. This continued collaboration will allow the City to coordinate its activities by not duplicating efforts for maximum benefits. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating Investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions planned to enhance coordination between public and private housing and social service agencies During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health, and County Office on Aging and Adult Services involved with the delivery of housing, supportive services, and economic development to low- and moderate-income San Bernardino residents. Workforce Development, for example, provides job placement services for people in the County and also provides up to three months of paid on-the-job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross-promote the services available through Workforce Development. The City has prioriti zed HOME-ARP funds and CDBG funds for the development of the HOPE Campus to assist homeless or at-risk for homeless individuals and families. Discussion: The implementation of the FY 2023-2024 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, and inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies. HOPE Description: The City planning for the development of HOPE Center, a 200-bed, low-barrier, non-congregate campus to help homeless men, women & families. The campus will be pet friendly and provide onsite supportive services to include mental health, substance abuse counseling, and job training/placement. The city owns a 2.48-acre property that will be adaptively reused and converted for a non-congregate homeless shelter that will include space for needed homeless and homeless prevention services. The City intends to Packet Page. 435 Annual Action Plan 2023-2024 53 OMB Control No: 2506-0117 (exp. 09/30/2021) competitively bid through an RFP process for the project’s design planning and engineering, and construction. The City also intends to interview area social services and shelter operators to find a qualified operator for the shelter. The Navigation Center will include space for a variety of operation al needs and needed services: • Identification documentation, mailbox, storage locker, and pet kennel area income stabilization guidance • Job training/placement workstation and training area • Office space for mental health services, substance abuse recovery, case management, and housing navigation. Packet Page. 436 Annual Action Plan 2023-2024 54 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: In the implementation of programs and activities under the 2023-2024 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefits for the CDBG program, and recapture requirements for the HOME program. The years 2021, 2022, and 2023 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate-income. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate-income. Overall Benefit - A consecutive period of one, two, or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate -income. Specify the years covered that include this Annual Action Plan. 80.00% Packet Page. 437 Annual Action Plan 2023-2024 55 OMB Control No: 2506-0117 (exp. 09/30/2021) HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for the resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance s, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254: a. If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to the Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. b. If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage det ermined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability and multiplying the result by 100. In calculating the recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by the City shall equal 20 percent: c. (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount. d. In no event shall City’s recovery exceed the amount of the Net Proceeds. e. The City requires that its CHDO/subrecipients, who carry out HOME -funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. f. In its homeownership and single-family rehabilitation programs the City utilizes the Packet Page. 438 Annual Action Plan 2023-2024 56 OMB Control No: 2506-0117 (exp. 09/30/2021) homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. Packet Page. 439 Annual Action Plan 2023-2024 57 OMB Control No: 2506-0117 (exp. 09/30/2021) 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Beginning from project completion and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability Less than $15,000 5 years $15,000 to $40,000 10 years More than $40,000 15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single-family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs. The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and rene wal periods with applicants expire and new NOFAs and RPS are released. Packet Page. 440 Annual Action Plan 2023-2024 58 OMB Control No: 2506-0117 (exp. 09/30/2021) Emergency Solutions Grant (ESG) Reference 91.220(l)(4) 1. Include written standards for providing ESG assistance (may include as attachment) See the Attachment under Admin - IDIS (AD-26). 2. If the Continuum of Care (CoC) has established a centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Continuum of Care is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low-cost health and human service providers. 211 San Bernardino County is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish-speaking callers. However, if another language is needed, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to https://inlandsocaluw.org/211. Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness. 3. Identify the process for making sub-awards and describe how the ESG allocation is available to private nonprofit organizations (including community and faith-based organizations). The City of San Bernardino will competitively procure services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10 -Year Plan to End Homelessness. The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10 -Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance Packet Page. 441 Annual Action Plan 2023-2024 59 OMB Control No: 2506-0117 (exp. 09/30/2021) are also considered. Based on this review, the Community and Economic Development Department staff prepare general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2023-2024 Draft Annual Action Plan. The City Council approves the Annual Action Plan, which acts as the CDBG, HOME, and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval. 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City of San Bernardino attends and participates, on a quarterly basis, in the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy-making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to ensure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy-making decisions of the CoC, regarding facilities or services that receive ESG funding from the City. The ICH is charged with directing, coordinating, and evaluating all the activities related to the implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to ensure the funding of homeless projects and 10-Year Strategy recommendations. As the oversight board of the CoC, the ICH's duties are 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes Packet Page. 442 Annual Action Plan 2023-2024 60 OMB Control No: 2506-0117 (exp. 09/30/2021) outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all the geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub-recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG. 5. Describe performance standards for evaluating ESG. ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor ESG-funded activities. ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment, and suspension, and flood insurance. Under the City ESG agreement, ESG Subrecipient s are required to conduct an initial evaluation to determine the eligibility of each individual or family eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. In alignment with the federal and state strategic plans to end homelessness, the City has established performance measures that require the collection of housing status data at the time of program exit and six months after program exit. Sub-Recipients are required to report on two measures: • Increased housing stability as measured by the percentage of total program participants served who reside in permanent housing at the time of exit from the program; and • Increased housing stability as measured by the percentage of program participants who at program exit reside in permanent housing and maintain permanent housing for six months from the time of exit. Both measurements should be entered into the HMIS. Preliminary performance benchmarks have been set at 30% for all program participants who exit to permanent housing and 80% for those exiting to permanent housing that remain in permanent housing at a six-month follow-up. These outcome Packet Page. 443 Annual Action Plan 2023-2024 61 OMB Control No: 2506-0117 (exp. 09/30/2021) measurements will be in addition to reporting of required universal data elements that track client characteristics and service data. Packet Page. 444 Annual Action Plan 2023-2024 62 OMB Control No: 2506-0117 (exp. 09/30/2021) Attachments Packet Page. 445 Annual Action Plan 2023 1 OMB Control No: 2506-0117 (exp. 09/30/2021) City of San Bernardino 2023-2024 Annual Action Plan Approved , 2024 CDBG Substantial Amendment To Be Approved: April 17, 2024 Packet Page. 446 Annual Action Plan 2023 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Table of Contents Executive Summary......................................................................................................................................3 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................3 PR-05 Lead & Responsible Agencies – 91.200(b)......................................................................................8 AP-10 Consultation – 91.100, 91.200(b), 91.215(l).................................................................................10 AP-12 Participation – 91.105, 91.200(c).................................................................................................17 Expected Resources....................................................................................................................................22 AP-15 Expected Resources – 91.220(c)(1,2)...........................................................................................22 Annual Goals and Objectives......................................................................................................................28 Projects...................................................................................................................................................31 AP-35 Projects – 91.220(d).....................................................................................................................31 AP-38 Project Summary..........................................................................................................................32 AP-50 Geographic Distribution – 91.220(f).............................................................................................39 Affordable Housing.....................................................................................................................................40 AP-55 Affordable Housing – 91.220(g)...................................................................................................40 AP-60 Public Housing – 91.220(h) ..........................................................................................................43 AP-65 Homeless and Other Special Needs Activities – 91.220(i)............................................................44 AP-75 Barriers to affordable housing – 91.220(j)...................................................................................47 AP-85 Other Actions – 91.220(k)............................................................................................................50 Program Specific Requirements .................................................................................................................53 Packet Page. 447 Annual Action Plan 2023 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction Each year, the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of San Bernardino (City), specifically the Community Development Block Grant (CDBG) and other federal housing funds. To receive these funds, the City must complete a report every five years called the Consolidated Plan. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plans. The City is an entitlement jurisdiction and will receive the following federal grants: •Community Development Block Grant (CDBG) •HOME Investment Partnerships Program (HOME) •Emergency Solutions Grant (ESG) 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City of San Bernardino has identified a range of housing and community development needs in accordance with the structure presented in HUD regulations for affordable housing, homelessness, and non-housing community development. Priority is assigned based on the level of need demonstrated by the data collected during the plan preparation, specifically in the Needs Assessment and the Market Analysis, the information gathered during the consultation and citizen participation process, and the availability of resources to address these needs. Based on these components, housing needs are considered a high priority, particularly low-income ownership housing and transitional housing with supportive services for the homeless population. Out of the top ten priority needs, the feedback from citizen participation indicated that the top four pressing concerns of the City are: •Homelessness and homelessness issues (i.e., supportive housing) •Access to affordable housing •Street infrastructure (i.e., road maintenance and street lighting) •Joblessness/job creation Packet Page. 448 Annual Action Plan 2023 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Priorities Objectives/Goals The following goals outlined in the Consolidated Plan and to be implemented during the FY 23-24 Annual Action Plan are listed below: 1.Promote Economic Development: Repayment of debt service for the Arden Guthrie Project which will create 214 jobs. 2.Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services. 3.Expand Homeownership Opportunities: Fund construction of six (6) single-family homes, city- wide where opportunities exist for infill housing for low to moderate-income households whose incomes will range from 50% to 80% of Area Median Income (AMI). 4.New Affordable Housing Construction or Rehabilitation: Assist with new affordable housing construction or rehabilitation projects. 5.Improve Facilities and Infrastructure: Improve selected streets resulting from new Infill Housing projects. Fund projects to comprehensively improve, the safety, accessibility, and quality of life in low-income and the surrounding neighborhoods by completing street surface reconstruction including sidewalks, curbs, and gutters while removing Americans with Disabilities Act (ADA) barriers. Summary of some of the findings used to determine priority need: •222,101 persons reside in San Bernardino (US Census Bureau 2020) comprising of 59,770 households. •Approximately 23.7% live in poverty. •San Bernardino County Point-In-Time Count (PITC) data have indicated a need to support programs that serve people experiencing homelessness. The 2022 PITs count for the City is 1,350 which accounts for 40.5% of San Bernardino County’s total count. •City provides for and residents benefits from participating in homelessness and homelessness issues (i.e., supportive housing), access to affordable housing, street infrastructure (i.e., road maintenance and street lighting) and joblessness/job creation. •The City utilizes CDBG funds for public services, public facilities and improvements, housing activities, and planning and administrative costs. The CDBG program’s primary objective is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low and moderate income. Funds can be used for a wide array of activities, including housing rehabilitation, homeownership assistance, lead-based paint detection and removal, construction or rehabilitation of public facilities and infrastructure, removal of architectural barriers, public services, rehabilitation of commercial or industrial buildings, and loans or grants to businesses. 3. Evaluation of past performance Packet Page. 449 Annual Action Plan 2023 5 OMB Control No: 2506-0117 (exp. 09/30/2021) This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Preserve and rehabilitate existing single-family dwellings – The Owner-Occupied Housing Rehabilitation Program provided financial assistance to income-qualified, San Bernardino homeowners for repairs to their homes. The program serviced five (5) owner-occupied Housing Rehabilitation projects. Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In FY 22-23, the City completed the construction of three (3) homes, on an infill lot, to create affordable housing opportunities. This program improves neighborhoods by utilizing vacant and blighted lots for new owner-occupied housing. The City and the CHDO partner, Neighborhood housing Partnership Services, are marketing these affordable units for sale to households at 50% to 80% of AMI for the County of San Bernardino. Provide Supportive Services - Homeless / Non-Homeless Special Needs - In FY 22-23, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community of the multi-phase Rental Assistance Demonstration (RAD) project. Phase two entails the building of 147 affordable units for mixed-income family apartments to households with 30% to 60% of AMI. Promote Economic Development - In partnership with the Inland Empire Small Business Development Center, the City promoted and hosted small business/entrepreneur workshops. 12 San Bernardino small businesses were assisted. Due to the COVID-19 pandemic, workshops had to be postponed. Improve Public Facilities and Infrastructure - In FY 22-23, the City completed the following street improvements in March 2023: 532 Ramona Avenue (Ward 1); 2129 Wall Avenue (Ward 2); 938 N. G Street (Ward 2); 140 W. 13th Street (Ward 2); 2060 E. 18th Street (Ward 7); Grape Street (Walnut to Mill Street) (Ward 3); and Davidson Avenue (Baseline to 14th) (Ward-6). The City initiated Citywide Pavement rehabilitation for 3 locations; 10th Street between F Street and G Street, 49th Street between Sepulveda Avenue to the end, and Rialto Avenue from Mt. Vernon and Muscott. The completion is expected in January 2024. Fair Housing - The Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing services to eliminate identified impediments to fair housing through education, enforcement, and testing to approximately 3,300 persons in the City. Planning and Administration: Provided funds for planning and administration of CDBG, HOME, and ESG. Provide rental assistance and preserve existing affordable rental housing - In FY 22-23, 226 unit files were monitored, and the City expects 167 units to be physically inspected to ensure units remained affordable and habitable. Packet Page. 450 Annual Action Plan 2023 6 OMB Control No: 2506-0117 (exp. 09/30/2021) Expand the affordable housing inventory through new construction - In FY 22-23, the third phase of construction was completed on the site of the former Waterman Gardens Public Housing community (now called Crestview Terrace), and is fully leased, and provided 184 one-, two-, and three–bedroom, affordable units to individuals and families earning below 30, 50, and 60 percent of the area median income. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The development of the action plan was aligned with the goals of the Consolidated plan. To solicit public input during the development of the Consolidated Plan, the City conducted the following meetings: •Virtual Community Workshop. •Stakeholder Interviews; and •Online Survey. The Action Plan will be discussed in a publicly noticed meeting where an opportunity for public comment is provided. The first public hearing for the draft FY 23-24 Annual Action Plan to City Council was held on May 3, 2023. The draft plan was available for public review between May 19, 2023, and June 20, 2023, on the City's website, the Community, Housing, and Economic Development Department, the City’s Clerk Office, and Feldheym Central Library. The public review period for the Draft 2023-2024 Action Plan was published in The San Bernardino Sun (English), and El Chicano (Spanish). 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. The top three infrastructure needs that were identified in the Consolidated Plan were street improvements, street lighting, and tree planting/urban greenery. City-facility needs identified were community centers, park and recreational facilities, and youth centers. For housing needs, the top three identified were: 1. First-time home buyer assistance 2. Owner-occupied rehabilitation 3. Renter-occupied housing rehabilitation Respondents also identified two primary homeless needs: 1. Permanent supportive housing with social services 2. Transitional housing (short-term up to 6 months) Packet Page. 451 Annual Action Plan 2023 7 OMB Control No: 2506-0117 (exp. 09/30/2021) 6. Summary of comments or views not accepted and the reasons for not accepting them All comments or views were accepted by the City. 7. Summary The City has taken diligent and good-faith efforts to reach all segments of the community that may benefit from the City’s CDBG, HOME, and ESG programs. Packet Page. 452 Annual Action Plan 2023 8 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency SAN BERNARDINO CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator Table 1 – Responsible Agencies Narrative (optional) The City’s Community and Economic Development Department administers, implements, and monitors activities and projects funded through the federal grants. The Community and Economic Development Department is responsible for developing and carrying out the priorities and goals established in the Consolidated Plan. In addition, the Department works collaboratively with the Public Works Department, City Parks and Recreation Department, City Manager’s Office, City Council, and the CDBG Ad Hoc Committee to develop goals and priorities for the current year that is aligned with the Consolidated Plan and address the needs of the residents of San Bernardino. Consolidated Plan Public Contact Information For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: Mrs. Cassandra Searcy Packet Page. 453 Annual Action Plan 2023 9 OMB Control No: 2506-0117 (exp. 09/30/2021) Deputy Director Housing & Homelessness 201 N. E Street, 3rd Floor San Bernardino, CA 92418 (909) 384-7270 searcy_ca@sbcity.org Packet Page. 454 Annual Action Plan 2023 10 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City views the Consolidated Plan and Annual Action Plan as an opportunity to engage the community in the CDBG, HOME, and ESG investment process. The City encourages its residents to voice their needs and concerns regarding homelessness, affordable housing, and community development. All members of the public, especially those living in low- and moderate-income neighborhoods, are encouraged to participate in the planning stages. The goal of the consultation process was to gather data to help determine the priority needs. The City also coordinates and collaborates with various service providers to identify specific needs or certain vulnerable populations. On April 17, 2024 the City Council amended this Annual Action Plan, through a substantial amendment, to move approximately $1,080,158 from the FY 2023-24 Street Improvement Project to the FY 2020-2021 Nicholson Neighborhood Park Project. A notice was published on March 13, 2024 along with a correction notice published on April 4, 2024 in Spanish newspaper and 5 in English newspaper. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) •The City has been working in partnership with the Housing Authority of the County of San Bernardino (HACSB) and the County Community Development and Housing Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as Arrowhead Grove neighborhood). The City is also working in partnership with National CORE, an Inland Empire Community Housing Development Organization (CDHO), and HACSB in the development of Arrowhead Grove. The City partners with Neighborhood Partnership Housing Services (NPHS), a CHDO, for the administration of an owner-occupied, single-family rehabilitation program. Housing Partners I, also a CHDO, and NPHS partner with the City to build new single- family, ownership housing on vacant and blighted lots throughout the city, to increase homeownership among households at and below 80% of the Area Median Income. The City coordinates with the County Department of Behavioral Health (DBH) in an ongoing exchange of information and resources available to persons who are experiencing homelessness and mental health crises. The City has also partnered with DBH in the Golden Apartments project where DBH provides case management services for formerly homeless residents who live with mental illness. The City has also been working on investment strategies for housing and health with Dignity Health. Dignity Health’s Community Investment program provided a $1.2 million loan for the construction of Arrowhead Grove Phase 3, which resulted in the construction of a 184 mixed- income development, with 147 units reserved for low-income households. The City has been consulting with the HACSB and the Community Development and Housing Agency of the County of San Bernardino concerning lead-based paint hazards as it relates to the rehabilitation of owner- occupied single-family homes. The City has also consulted with HUD’s environmental office Packet Page. 455 Annual Action Plan 2023 11 OMB Control No: 2506-0117 (exp. 09/30/2021) regarding lead-based paint and staff attended the most recent lead-based paint training provided onsite at the HUD Los Angeles office. The City has been in coordination with the San Bernardino Unified School District with their Uplift San Bernardino initiative. Uplift San Bernardino is focused on the future of the youth community, such as launching the future workforce into local jobs; igniting Upward Mobility in the community; convening leadership work groups to change systems & policies; effectively inspiring community voice & engagement to inform better decisions & increase access to opportunities, especially for youth; create a shared understanding of issues & opportunities based on research & data; mobilize people and resources to fill in gaps identified between systems and promote accountability through a transparent history of Uplift’s decisions, progress, & learning. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City recognizes the need to address people experiencing homelessness, particularly the chronically homeless populations. The City collaboratively works with four entities throughout the County of San Bernardino. The following entities are: 1) Interagency Council on Homelessness 2) Homeless Provider Network 3) Central Valley Steering Committee 4) San Bernardino County Behavioral Health Administration, Office of Homeless Services These entities comprise policy-making bodies, advisory groups of faith-based and non-profit housing organizations, collaborative organizations among City jurisdictions, and committees established specifically to assist those experiencing homelessness. The “10-Year Strategy to End Homelessness in San Bernardino County” guides the actions and serves as a blueprint to end homelessness in the County of San Bernardino. Concurrently, the City of San Bernardino also actively participates in the Continuum of Care (CoC) and is fully supportive of the objectives of the 10-Year Strategy to End Homelessness in San Bernardino County plan. Sandra Ibarra represents the City on the board of the Interagency Council on Homelessness. The City’s Police Department supports and participates in the Point-in-Time (PIT) Homeless County. The Community & Economic Department requires its ESG sub-recipients to participate in the CoC’s Homeless Management Information System (HMIS). This software application is designed to collect client-level data and data on the provision of housing and services to homeless individuals, families, and people at risk of homelessness. Lastly, the City funds organizations through the ESG programs that provide street outreach, emergency shelter, homeless prevention services, rapid rehousing, and HMIS. Packet Page. 456 Annual Action Plan 2023 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City closely works with the CoC and attends its regularly scheduled meetings and training in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, concerning funding recommendations. The discussions at the ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates help evaluate the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative from the Housing Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year, HASCB, along with the support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Packet Page. 457 Annual Action Plan 2023 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Agencies, groups, organizations who participated Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency Major Employer What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs 1 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of City of San Bernardino and participated in a community workshop. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. Agency/Group/Organization Neighborhood Partnership Housing Services, Inc. (NPHS) Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs 2 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing and infrastructure investment in the community. Agency/Group/Organization Lutheran Social Services of Southern California Agency/Group/Organization Type Services - Housing What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth 3 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community Packet Page. 458 Annual Action Plan 2023 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type PHA Other government - County What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy 4 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. Agency/Group/Organization City of San Bernardino - Housing Agency/Group/Organization Type Other government - Local 5 What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Non-Homeless Special Needs Economic Development Lead-based Paint Strategy Hazard Mitigation Packet Page. 459 Annual Action Plan 2023 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? e Public Works Department has an ongoing internal coordination process with the Housing Department for projects and plans funded through CDBG. The coordination provides the City with input regarding hazard mitigation and a continued open channel with resilience agencies (whose primary responsibilities include the management of flood-prone areas, public land or water resources, and emergency management agencies) in the development of its plan. The IT Department has an ongoing coordination process with the Housing Department for projects and plans funded through CDBG. The internal coordination provides the City with input regarding broadband (broadband internet service providers and organizations engaged in narrowing the digital divide) in the development of its plan. 6 Agency/Group/Organization City Council Agency/Group/Organization Type City government What section of the Plan was addressed by Consultation? AP-10 Consultation, AP-15 Expected Resources and AP-20, AP-35 and AP-38 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? On April 17, 2024 the City Council amended this Annual Action Plan, through a substantial amendment, to move approximately $1,080,158 from the FY 2023-24 Street Improvement Project to the FY 2020-2021 Nicholson Neighborhood Park Project. A notice was published on March 13, 2024 along with a correction notice published on April 4, 2024 in Spanish newspaper and 5 in English newspaper. 7 Agency/Group/Organization Public Notice Publication Agency/Group/Organization Type City Government What section of the Plan was addressed by Consultation? AP-10 Consultations Packet Page. 460 Annual Action Plan 2023 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Public Participation notice publication for a Substantial Amendments Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement. For future planning processes, the City will make a special effort to include specified organizations that provide a wide range of services to the residents of San Bernardino. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care Alliance Potential funding allocations to address homeless needs will complement the COC Strategy. 10-Year Strategy to End Homelessness Continuum of Care Alliance Funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. City of San Bernardino 2021- 2029 Housing Element City of San Bernardino Department of Community Development Potential funding allocations to address housing needs that will complement the 2021-2029 Housing Element Housing Authority of the County of San Bernardino Housing Authority County of San Bernardino (HACSB) The City will support HACSB's efforts on public housing and the ongoing partnership on Waterman Gardens Table 3 – Other local / regional / federal planning efforts Narrative (optional) Packet Page. 461 Annual Action Plan 2023 17 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City published notice for public hearings and provided a 30-day public review of the FY 2023-2024 Annual Action Plan in El Chicano and The San Bernardino Sun. The report was also made available at the City’s Clerk Office, 201 N. E. Street, Bldg. A, San Bernardino, CA 92401, the Department of Community and Economic Development, 201 N. E. Street, 3rd Floor, San Bernardino, CA 92401, the Feldheym Central Library, 555 W. 6th St, San Bernardino, CA 92410, and on the City’s website at the Community and Economic Development Department. Packet Page. 462 Annual Action Plan 2023 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Outreach Sort Ord er Mode of Outrea ch Target of Outre ach Summary of response/attenda nce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) 1 Newspaper Ad Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Low Income Persons Public Notices were published on March 30, 2023 and April 10, 2023. No responses were received.N/A http:iecn.com/newspaper s/el-chicano/ https://www.sbsun.com Packet Page. 463 Annual Action Plan 2023 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Ord er Mode of Outrea ch Target of Outre ach Summary of response/attenda nce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) 2 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Members of the public attended May 3, 2023, Public Hearing General comments from the public :1. Recomm endation for the possible use of 4th Street buildings for homeless servicesCouncil Comments:1. Fence for Casa Ramona property is not an eligible activity, not providing public service 2. Public Works will provide a presentation to Council for Capital Improvement Projects N/A www.sbcity.org/housing Packet Page. 464 Annual Action Plan 2023 20 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Ord er Mode of Outrea ch Target of Outre ach Summary of response/attenda nce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) 3 Newspaper Ad Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Public Notices were published on May 18, 2023 No responses were received.N/A http:iecn.com/newspaper s/el-chicano/ https://www.sbsun.com Packet Page. 465 Annual Action Plan 2023 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Ord er Mode of Outrea ch Target of Outre ach Summary of response/attenda nce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) 4 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Members of the public attended the June 21, 2023, Public Hearing. Need for extreme weather shelter, rent protection, at- risk youth, and assistance for homelessness with rapid rehousing. Council requested an update on Section 108, the need for street improvement, and ensuring organizations within the City are contacted for future funding. N/A www.sbcity.org/housing Table 4 – Citizen Participation Outreach Packet Page. 466 Annual Action Plan 2023 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction San Bernardino, like many other jurisdictions, is faced with the challenging task of meeting increasing needs with fluctuating and/or decreasing federal and state resources. The figures shown in the Anticipated Resources table below reflect HUD's current allocation. The figure for "Expected Amount Available for Remainder of Con Plan" anticipates the level of funding using the current year allocations and projecting those allocations over the remaining years covered by the Consolidated Plan. If there are any cuts to the City's allocation over the coming years, the City will adjust this figure accordingly and prepare the Annual Action Plans reflective of the funding reality. On April 17, 2024 the City Council amended this Annual Action Plan, through a substantial amendment, to move approximately $1,080,158 from the FY 2023-24 Street Improvement Project to the FY 2020-2021 Nicholson Neighborhood Park Project. A notice was published on March 13, 2024 along with a correction notice published on April 4, 2024 in Spanish newspaper and 5 in English newspaper. Packet Page. 467 Annual Action Plan 2023 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Anticipated Resources Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 2,942,853 0 1,627,000 4,569,853 2,950,000 Amounts represent the annual CDBG allocation based on the FY 2023-24 program year. This funding will be invested in the preservation of affordable housing units, public improvement facilities, and the Section 108 Program. A substantial amendment approved 4/17/24 added FY2023-24 funds $1,080,158 to a FY2020-21 Nicholas Neighborhood Park project. Packet Page. 468 Annual Action Plan 2023 24 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,460,936 0 0 1,460,936 1,450,000 Amounts represent the annual HOME allocation based on the FY 2023-24 program year. This funding year is the fourth year of the 5-Year Consolidated Plan. This funding will be invested in the development and/or rehabilitation of single-family and/or multi-family rental housing, and Infill Housing Program (homeownership)) Packet Page. 469 Annual Action Plan 2023 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 273,557 0 0 273,557 273,000 ESG monies will fund subrecipients to assist people experiencing homelessness with Emergency Shelter (ES), HMIS, Motel Vouchers, Rapid Re-Housing, Rental Assistance, and Homelessness Prevention (HP). Other public - federal Admin and Planning Overnight shelter Rapid re-housing (rental assistance) Other 0 0 0 0 0 Packet Page. 470 Annual Action Plan 2023 26 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description Other public - federal Admin and Planning Public Improvements Other 0 0 0 0 0 Other public - federal Public Improvements Rental Assistance Services Other 0 0 0 0 0 Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Packet Page. 471 Annual Action Plan 2023 27 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan With the dissolution of the redevelopment agency, successor agencies with real property assets are required to dispose of the properties pursuant to the City’s Long-Range Property Management Plan or Housing Asset Transfer (HAT) Plan. The Successor Agency has transferred all property listed on the Housing Asset Transfer list to the City as the Successor Housing Agency. The City will determine the development and/or disposition of these properties in the following months. Discussion The Housing Successor Agency has a disposition plan for the parcels and the City will retain some for economic development purposes, sell a number of the parcels and retain others for housing. The majority of the properties are single-family parcels that the City intends to utilize for the construction of single-family ownership housing. Packet Page. 472 Annual Action Plan 2023 28 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Preserve and Rehabilitate Housing 2020 2025 Affordable Housing CityWide Preserve and Rehabilitate Housing HOME: $200,000 Homeowner Housing Rehabilitated: 20 Household Housing Unit 2 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless CityWide Provide Homeless and Homeless Prevention Services ESG: $253,040 Homelessness Prevention: 600 Persons Assisted 3 New Affordable Rental Housing 2020 2025 Affordable Housing CityWide Expand Home Ownership HOME: $1,314,842 Homeowner Housing Added: 3 Household Housing Unit 4 Promote Economic Development 2020 2025 Economic Development CityWide LMI Areas of the City New Affordable Rental Housing CDBG: $782,760 Jobs created/retained: 214 Jobs Businesses assisted: 20 Businesses Assisted 5 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide Improve Facilities and Infrastructure CDBG: $2,780,158 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 1500 Persons Assisted Packet Page. 473 Annual Action Plan 2023 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Fair Housing 2020 2025 Non-Housing Community Development CityWide Fair Housing CDBG: $278,365 Public service activities other than Low/Moderate Income Housing Benefit: 2700 Persons Assisted 7 Planning and Administration 2020 2025 Program administration funds CityWide Planning and Administration CDBG: $588,570 HOME: $146,094 ESG: $20,517 Other: 1 Other Table 6 – Goals Summary Goal Descriptions Goal Name Preserve and Rehabilitate Housing1 Goal Description To provide funding for homeowner-occupied and rental housing rehabilitation. Goal Name Provide Homeless and Homeless Prevention Services2 Goal Description Provide funding to assist homeless individuals and those with special needs with supportive services. Includes funding to prepare for, prevent and respond to COVID through emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. Packet Page. 474 Annual Action Plan 2023 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Name New Affordable Rental Housing3 Goal Description Provide funding for new affordable rental housing (new construction or rehabilitation) and affordable rental housing with supportive services for homeless individuals and veterans. Goal Name Promote Economic Development4 Goal Description Create new affordable rental units Goal Name Improve Facilities and Infrastructure5 Goal Description Provide funding to improve public facilities and infrastructure, including parks, community centers, and sidewalks. Goal Name Fair Housing6 Goal Description Eliminate identified impediments to fair housing through education, enforcement, and testing. Assist 2,700 households. Goal Name Planning and Administration7 Goal Description Compliance with all HUD Consolidated Plan and CDBG, HOME, and ESG program regulations is a requirement for participation in this program. Packet Page. 475 Annual Action Plan 2023 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund FY2022-2023 eligible projects in the following categories: promote economic development, fair housing, expand homeownership opportunities, new affordable rental housing, improve public facilities and infrastructure, provide supportive services to homeless individuals and those with special needs, and program planning and administration. Projects #Project Name 1 Section 108 Loan Repayment 2 FY23/24 CDBG Administration 3 FY23/24 Asociacion de Emprendedor@s 4 CDBG FY23/24 Nehemiah Charitable Fund 5 FY23/24 Neighborhood Housing Services of Inland Empire (NHSIE) 6 FY22/23 Street Improvement Project 7 HOPE Campus Phase I 8 FY23/24 Inland Fair Housing Mediation Board (IFHMB) 9 FY23/24 Affordable Housing Projects 10 FY23/24 HESG Activities 11 Previous HOME Affordable Housing Projects 12 FY23/24 HOME Administration Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Packet Page. 476 Annual Action Plan 2023 32 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information Packet Page. 477 Annual Action Plan 2023 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Project Name Section 108 Loan Repayment Target Area CityWide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $782,760 Description Section 108 Loan Repayment Program in order to pursue physical and economic revitalization that will provide jobs. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities 214 individuals will benefit from this proposed activity. Location Description 17.43-acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. 1 Planned Activities The City has moved forward with the sale of the property and using a Section 108 loan for the repayment of the Arden Guthrie Project. Project Name FY23/24 CDBG Administration Target Area CityWide Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG: $588,570 Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME, and ESG regulations. Annually, the City will monitor its use of CDBG, HOME, and ESG funds to ensure effective and appropriate use of funds. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities N/A 2 Location Description Citywide Packet Page. 478 Annual Action Plan 2023 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities Grant and Project Management. Project Name FY23/24 Asociacion de Emprendedor@s Target Area CityWide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $35,000 Description Entrepreneurs and Micro-entrepreneurs in Minority LMI communities continue their education in Empowerment, Leadership, and Business Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities 25 Individual business Location Description Citywide 3 Planned Activities Small business workshops, meetings, and seminars are designed to help small business owner establish or grow their microenterprise. Project Name CDBG FY23/24 Nehemiah Charitable Fund Target Area CityWide Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding CDBG: $15,000 Description Providing support to local nonprofits and residents of LMI areas. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities 25 Individuals Location Description Citywide 4 Planned Activities Providing support to local nonprofits and residents of LMI areas. Project Name FY23/24 Neighborhood Housing Services of Inland Empire (NHSIE) Target Area LMI Areas of the City 5 Goals Supported Preserve and Rehabilitate Housing Packet Page. 479 Annual Action Plan 2023 35 OMB Control No: 2506-0117 (exp. 09/30/2021) Needs Addressed Preserve and Rehabilitate Housing Funding CDBG: $90,000 Description NHSIE is dedicated to creating homeownership opportunities, bridging the housing affordability gap, and building sustainable communities of choice Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities 200 Low-Moderate Income Individuals Location Description Citywide Planned Activities Project Name FY22/23 Street Improvement Project Target Area LMI Areas of the City Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG: $1,080,158 Description Sidewalk replacement and ADA accessibility improvements Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities Area with an average income level of 30% to 50% of AMI will benefit of the improvements made to these streets. Location Description The City has proposed to fund Citywide street reconstruction in Low- Moderate Areas. 6 Planned Activities Street improvements and ADA compliance. Project Name HOPE Campus Phase I Target Area CityWide Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding CDBG: $1,901,365 7 Description Phase 1 to eventual Navigation Center (HOPE Campus) Homeless Outreach Prevention Education Campus. Packet Page. 480 Annual Action Plan 2023 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities An estimated 250 individuals Location Description 796 E 6th Street, San Bernardino Planned Activities Temporary emergency shelter space for households and individuals for Phase 1. Project Name FY23/24 Inland Fair Housing Mediation Board (IFHMB) Target Area CityWide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $77,000 Description TO PROVIDE FAIR HOUSING SERVICES, TESTING, EDUCATION, REFERRAL AND CONDUCT MEDIATION, AND DISPUTE RESOLUTION BETWEEN LANDLORDS AND TENANTS. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities This program will benefit approximately 2,700 Low/Moderate Income Households/Tenants. Location Description Citywide 8 Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. Project Name FY23/24 Affordable Housing Projects Target Area CityWide Goals Supported New Affordable Rental Housing Needs Addressed New Affordable Rental Housing 9 Funding : Packet Page. 481 Annual Action Plan 2023 37 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Construction or rehabilitation of multifamily affordable housing Projects, the City is reviewing potential projects. Applicant incomes are to be at or below 80% of Area Median Income. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities Projects are under review. Location Description Projects are under review. Planned Activities Construction or rehabilitation of affordable rental projects. Project Name FY23/24 HESG Activities Target Area CityWide Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding ESG: $273,557 Description ESG Allocation: $273,557 Provide funding for various Emergency Solutions Grant Program projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Administrative costs will not exceed 7.5% of ESG allocation; street outreach/emergency shelter will not exceed 60%. All projects will be funded and it is recommended that Lutheran Social Services, Community Action Partnership , Family Services Association of Redlands, and Salvation Army receive increased amounts in order to fully expend ESG carryover. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities Location Description Citywide 10 Planned Activities Provide planning and administration of HESG funding Project Name Previous HOME Affordable Housing Projects Target Area CityWide 11 Goals Supported New Affordable Rental Housing Packet Page. 482 Annual Action Plan 2023 38 OMB Control No: 2506-0117 (exp. 09/30/2021) Needs Addressed New Affordable Rental Housing Funding HOME: $1,314,842 Description This activity line item represents the actual existing HOME projects worth $4,681,028 that are pending, underway and in the design phase funded with previous HOME program years. Target Date 6/30/2025 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities This activity line item represents the actual existing HOME projects pending, underway and in the design phase funded with previous HOME program years. Project Name FY23/24 HOME Administration Target Area CityWide LMI Areas of the City Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding HOME: $146,094 Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and HOME. Annually, the City will monitor its use of HOME funds to ensure effective and appropriate use of funds. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description N/A 12 Planned Activities Packet Page. 483 Annual Action Plan 2023 39 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Geographic Distribution Target Area Percentage of Funds CityWide 30 LMI Areas of the City 70 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The funding available under the 2023-2024 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2023-2024 Action Plan, the City established priority needs based on an in-depth analysis of several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low-income neighborhoods where residents have the greatest need for housing/services. Discussion Packet Page. 484 Annual Action Plan 2023 40 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction As a reflection of the Housing Needs Assessment of the 2020-2025 Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities 3) Provide Assistance to Renter Households. Preserve and Rehabilitate Housing Approximately 64 percent of total housing units were built before 1980.⿯ Housing built before 1980 may present lead-based paint hazards requiring rehabilitation. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs.⿯ In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value. Expand Home Ownership Opportunities There is a need for affordable housing in San Bernardino. The most prevalent housing problem within the City is cost burden and overcrowded conditions. San Bernardino has a population of 220,821 persons and a total of 61,680 households. Nearly 59 percent of households in San Bernardino (36,355 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI). Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation, and medical care. Overcrowded conditions exist when more people are living within a single dwelling than there is space for, so that movement is restricted, privacy is compromised, and levels of stress increase.⿯ The City’s housing market has increased over the past few years. In 2015, the median income in the City was $37,047 with a median home value of $159,800. In 2021, the median income in the City was $55,372, a 49 percent increase, with a median home value of $293,000, an 83 percent increase. Housing Packet Page. 485 Annual Action Plan 2023 41 OMB Control No: 2506-0117 (exp. 09/30/2021) prices are outpacing incomes, which can cause most homeowners cost burden. Based on the 2017-2021 ACS, the median income would be sufficient for a renter to afford $1,384 in housing costs per month, which includes rent and utilities, and not be cost-burdened. One Year Goals for the Number of Households to be Supported Homeless 600 Non-Homeless 1,240 Special-Needs 0 Total 1,840 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 600 The Production of New Units 5 Rehab of Existing Units 0 Acquisition of Existing Units 0 Total 605 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion The table “One Year Goals for the Number of Households to be Supported” consists of 1,240 non- homeless households to be supported. New Infill Housing construction and affordable multi-family housing for 4-6 households citywide are planned (incomes will range from 50% to 80% of Area Median Income (AMI)).⿯ Provide Assistance to Renter Households The City has a significant inventory of publicly assisted rental housing affordable to low-income households.⿯ Eighteen affordable rental housing developments in the City offer income/rent- restricted housing for approximately 2,205 very low-income households. A total of 15 public housing communities, with a combined total of 1,627 affordable units, are at risk of losing their affordability status.⿯ HACSB does not anticipate losing affordable housing units due to the expiration of contracts in the next five years. These projects are technically considered at risk of converting to market-rate housing.⿯ However, most of these projects are non-profit-owned senior housing which will receive priority for rental of subsidy contracts with HUD.⿯ Therefore, it is unlikely that the projects will convert to market-rate housing. Nonetheless, the City will periodically reach out to owners of assisted projects to understand their intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring to Packet Page. 486 Annual Action Plan 2023 42 OMB Control No: 2506-0117 (exp. 09/30/2021) extend the terms of affordability. The City also will continue to work with qualified Community Housing Development Organizations (CHDO) to acquire, construct, or rehabilitate multifamily housing as long-term affordable housing for lower-income households.⿯ Packet Page. 487 Annual Action Plan 2023 43 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction Actions planned during the next year to address the needs to public housing Actions to encourage public housing residents to become more involved in management and participate in homeownership If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Discussion There is no discussion relative to the designation of the county PHA. Packet Page. 488 Annual Action Plan 2023 44 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction According to the San Bernardino County 2022 Homeless PIT Count, there were 989 unsheltered homeless persons in the City. To address this issue, the City will allocate approximately $253,040 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County.⿯ The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2)) with problem-solving support to retain current housing or to locate and get housing placement.⿯ The City is beginning Phase 1 of its Homeless Outreach Prevention Education Campus (HOPE Campus) to provide Emergency Shelter. This temporary emergency shelter will provide emergency shelter for the City’s homeless while construction of the campus is underway. HOPE Campus will feature non- congregate shelter units, laundry facilities, kitchen facilities, secure storage for personal items, and supportive services. The project is the recipient of HOME ARP funds. Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSSC) to provide an emergency men’s shelter. LSSSC will provide 200 homeless persons in the City of San Bernadino with emergency shelter. The City will also be working with the Salvation Army to provide emergency shelter for 100 persons, focusing on women and women with children. ⿯The Salvation Army San Bernardino Hospitality House operates several programs within its 21-room facility.⿯ Currently, there are 21 units/rooms of transitional housing for families, three units/rooms set aside for emergency shelter for families, and one room with six beds for single females experiencing homelessness.⿯ The total residential capacity is 82 Packet Page. 489 Annual Action Plan 2023 45 OMB Control No: 2506-0117 (exp. 09/30/2021) beds but is often over capacity due to cribs and family size. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness. Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health. San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local Packet Page. 490 Annual Action Plan 2023 46 OMB Control No: 2506-0117 (exp. 09/30/2021) governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. To meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers to implement a “zero tolerance” plan that will prevent persons from being discharged into homelessness. Discussion Homeless Related Activities in the City include: Homeless Outreach-The City has contracted with a 3rd party to provide citywide comprehensive outreach services. The outreach team will be made up of emergency crisis workers that can immediately assist with multiple family/individual crisis as they arise. The team will assist with case mgmt., motel vouchers, basic needs, medical and transportation. HOPE Center-The City is developing a 200-bed, low-barrier, non-congregate campus to help homeless men, women & families. The campus will be pet friendly and provide onsite supportive services to include mental health, substance abuse counseling, and job training/placement. Rolling over HOME ARP funds-Funding used to develop the Navigation Center 1 Homekey Projects The City has committed $5 million in ARPA funds to Lutheran Social Services of Southern California (LSSSC) on a State of California Homekey Project to develop a 150-bed, non-congregated interim housing with supportive services. Packet Page. 491 Annual Action Plan 2023 47 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them.⿯ Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Before 2012, redevelopment activities and funding were the City’s primary tools for assisting with neighborhood revitalization efforts and the production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization.⿯ Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require an environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delays resulting from the environmental review process are also added to the cost of housing. Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential developments are required to provide sidewalks with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect a fair share of the costs of providing permitting, infrastructure, and services for new residences. Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing.⿯ The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single- family homes and poorly maintained multifamily complexes. State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) Packet Page. 492 Annual Action Plan 2023 48 OMB Control No: 2506-0117 (exp. 09/30/2021) expanded the kinds of projects that require the payment of prevailing wages. The prevailing wage adds to the overall cost of development.⿯ A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City undertook a major effort to eliminate constraints, concerning land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code to further reduce barriers to affordable housing: General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot Consolidation.⿯ Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, Packet Page. 493 Annual Action Plan 2023 49 OMB Control No: 2506-0117 (exp. 09/30/2021) and can be used in lieu of a CUP for certain qualified projects. The City will update its General Plan. San Bernardino 2050 has prioritized housing. Homepage - Future San Bernardino 2050 (futuresb2050.com) Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For FY 2023-2024, the City will continue to fund its Infill Housing Program and the Owner-Occupied Residential Rehabilitation Program (OORP).⿯ Housing Programs - City of San Bernardino (sbcity.org) The OORP will be funded with carryover funds from last year that were not fully expended.⿯ Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households.⿯ The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single-family units owned by low and moderate-income households.⿯ Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City to create affordable housing for low- and moderate- income households. Packet Page. 494 Annual Action Plan 2023 50 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME, and ESG funds through the Action plan in projects that provide financing for affordable housing development, housing rehabilitation, job creation, publicâ facility/infrastructure improvements, and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. To leverage additional ongoing resources for housing and homeless services, the City will utilize Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development. In 2021 the City received approximately $1.6 million in PLHA funds and expects to receive approximately $7.8 million over the next four years. The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households. Actions planned to foster and maintain affordable housing The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner-Occupied Rehabilitation Loan Program. The City will continue this program using re-programmed funds from the previous year’s allocation. Actions planned to reduce lead-based paint hazards To reduce lead-based paint hazards, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner-Occupied Residential Rehabilitation Program will be tested for lead-based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35. Actions planned to reduce the number of poverty-level families For FY 2023-2024, the City will support: Service providers can provide street outreach, rapid re-housing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. The improvement of streets that align the City’s Capital Improvement Projects with the greatest impact Packet Page. 495 Annual Action Plan 2023 51 OMB Control No: 2506-0117 (exp. 09/30/2021) on the neighborhoods. The efforts of HACSB provide rental assistance and conventional housing to low-income households. The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services, and various Homeless Service Agencies to provide public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. The Goals and Objectives of San Bernardino County's 10-Year Strategy to End Homelessness. Street reconstruction improvements, sidewalk replacement, and Americans with Disabilities Act improvements. Further, the development of the HOPE Campus to assist homeless or at-risk for homeless individuals and families. The CoC’s coordinated entry system, 2-1-1 San Bernardino County provides persons who are at imminent risk of becoming homeless with problem-solving support to retain current housing or to locate another housing placement. Actions planned to develop institutional structure During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e., CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This continued collaboration will allow the City to coordinate its activities by not duplicating efforts for maximum benefits. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating Investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions planned to enhance coordination between public and private housing and social service agencies During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health, and County Office on Aging and Adult Services involved with the delivery of housing, supportive services, and economic development to low- and moderate-income San Bernardino residents. Workforce Development, for example, provides job Packet Page. 496 Annual Action Plan 2023 52 OMB Control No: 2506-0117 (exp. 09/30/2021) placement services for people in the County and also provides up to three months of paid on-the-job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross-promote the services available through Workforce Development. The City has prioritized HOME-ARP funds and CDBG funds for the development of the HOPE Campus to assist homeless or at-risk for homeless individuals and families. Discussion: The implementation of the FY 2023-2024 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, and inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies. HOPE Description: The City planning for the development of HOPE Center, a 200-bed, low-barrier, non-congregate campus to help homeless men, women & families. The campus will be pet friendly and provide onsite supportive services to include mental health, substance abuse counseling, and job training/placement. The city owns a 2.48-acre property that will be adaptively reused and converted for a non-congregate homeless shelter that will include space for needed homeless and homeless prevention services. The City intends to competitively bid through an RFP process for the project’s design planning and engineering, and construction. The City also intends to interview area social services and shelter operators to find a qualified operator for the shelter. The Navigation Center will include space for a variety of operational needs and needed services: Identification documentation, mailbox, storage locker, and pet kennel area income stabilization guidance Job training/placement workstation and training area Office space for mental health services, substance abuse recovery, case management, and housing navigation. Packet Page. 497 Annual Action Plan 2023 53 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: In the implementation of programs and activities under the 2023-2024 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefits for the CDBG program, and recapture requirements for the HOME program.⿯ The years 2021, 2022, and 2023 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate-income. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan.0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income:0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.80.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is Packet Page. 498 Annual Action Plan 2023 54 OMB Control No: 2506-0117 (exp. 09/30/2021) as follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Beginning from project completion and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability Less than $15,000 5 years $15,000 to $40,000 10 years More than $40,000 15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: 5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)). Not applicable Packet Page. 499 Annual Action Plan 2023 55 OMB Control No: 2506-0117 (exp. 09/30/2021) 6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)). Not applicable 7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR 92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a). Not applicable Emergency Solutions Grant (ESG) Reference 91.220(l)(4) 1.Include written standards for providing ESG assistance (may include as attachment) See Attachment under Admin - IDIS (AD-26). 2.If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Continuum of Care is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low-cost health and human service providers. 211 San Bernardino County is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish-speaking callers. However, if another language is needed, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to https://inlandsocaluw.org/211. Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness. 3.Identify the process for making sub-awards and describe how the ESG allocation available to Packet Page. 500 Annual Action Plan 2023 56 OMB Control No: 2506-0117 (exp. 09/30/2021) private nonprofit organizations (including community and faith-based organizations). 4.If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City of San Bernardino attends and participates, on a quarterly basis, in the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy-making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to ensure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy-making decisions of the CoC, regarding facilities or services that receive ESG funding from the City. The ICH is charged with directing, coordinating, and evaluating all the activities related to the implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to ensure the funding of homeless projects and 10-Year Strategy recommendations. As the oversight board of the CoC, the ICH's duties are 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all the geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and Packet Page. 501 Annual Action Plan 2023 57 OMB Control No: 2506-0117 (exp. 09/30/2021) concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub- recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG 5.Describe performance standards for evaluating ESG. ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor ESG-funded activities. ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment, and suspension, and flood insurance. Under the City ESG agreement, ESG Subrecipients are required to conduct an initial evaluation to determine the eligibility of each individual or family eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. In alignment with the federal and state strategic plans to end homelessness, the City has established performance measures that require the collection of housing status data at the time of program exit and six months after program exit. Sub-Recipients are required to report on two measures: • Increased housing stability as measured by the percentage of total program participants served who reside in permanent housing at the time of exit from the program; and • Increased housing stability as measured by the percentage of program participants who at program exit reside in permanent housing and maintain permanent housing for six months from the time of exit. Both measurements should be entered into the HMIS. Preliminary performance benchmarks have been set at 30% for all program participants who exit to permanent housing and 80% for those exiting to permanent housing that remain in permanent housing at a six-month follow-up. These outcome measurements will be in addition to reporting of required universal data elements that track client characteristics and service data. No other topics to discuss Packet Page. 502 Annual Action Plan 2023 58 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Page. 503 Resolution No. 2024-075 Resolution 2024-075 April 17, 2024 Page 1 of 4 4 3 1 0 RESOLUTION NO. 2024-075 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, BUDGET TRANSFER FOR 2023-2024 FISCAL YEAR IN ACCORDANCE WITH THE THIRD SUBSTANTIAL AMENDMENT TO THE 2020-2021 ANNUAL ACTION PLAN AND THE 2023-2024 ANNUAL ACTION PLAN. WHEREAS, The US Department of Housing and Urban Development (HUD) enacted the CDBG program in 1974 under the Housing and Community Development Act or HCDA; and WHEREAS, the Community Development Block Grant (CDBG) with hopes to create a transformative impact in communities and improve the lives of all residents, especially those with low and moderate income levels; and WHEREAS, in FY 2023-2024, The City received $2,942,853 in CDBG funds, of which $1,080,158 were allocated to Street Improvements and $665,000 to the Encanto Community Center project; and WHEREAS, according to the approved Substantial Amendment to the FY 2023-2024 Annual Action Plan, the Director of Finance & Management Services will transfer $1,080,158 from the Street Improvements Project and $596,490.66 from the Encanto Community Center project to the Nicholson Park general ledger account; and WHEREAS, in response to COVID-19, HUD established the Coronavirus Aid, Relief and Economic Security Act (CARES Act), or CDBG-CV. The CARES Act modifies some CDBG program rules and authorizes the Secretary of HUD to grant waivers and alternative requirements to prevent, prepare for, and respond to Coronavirus; and WHEREAS, in FY 2020-2021 The City received $2,003,529 in the first round of CDBG- CV and $1,702,135 in the third round, of which $336,823 were allocated to the Modifications to Public Facilities project, $175,000 were allocated to the 5th Street Senior Center Upgrade, and $515,000 were allocated to the Automatic Doors at Community Centers project; and WHEREAS, according to the approved Third Substantial Amendment to the 2020-2021 Annual Action Plan, the Director of Finance & Management Services will transfer $657,120.22 of funds remaining from these projects and previously unallocated funds to the Food Voucher program, the Food Bank Initiative, and a fund to administer these programs. 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. Packet Page. 504 Resolution No. 2024-075 Resolution 2024-075 April 17, 2024 Page 2 of 4 4 3 1 0 SECTION 2. The Director of Finance & Management Services will transfer a total of $657,120.22 of CDBG-CV funds remaining from the Modifications to Public Facilities, 5th Street Senior Center Upgrade, and the Automatic Doors at Community Centers projects and previously unallocated funds to the newly established Food Voucher program and Food Bank Initiative and an Administration fund. SECTION 3. the Director of Finance & Management Services will transfer $1,080,158 from the Street Improvements and $596,490.66 from the Encanto Community Center projects to the Nicholson Park project. SECTION 4. Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the submittal of the Substantial Amendments to FY 2020-2021 and 2023-2024 Annual Action Plans SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Packet Page. 505 Resolution No. 2024-075 Resolution 2024-075 April 17, 2024 Page 3 of 4 4 3 1 0 Sonia Carvalho, City Attorney Packet Page. 506 Resolution No. 2024-075 Resolution 2024-075 April 17, 2024 Page 4 of 4 4 3 1 0 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-075, adopted at a regular meeting held on the 17th day of April 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. Genoveva Rocha, CMC, City Clerk Packet Page. 507 1 9 7 4 PUBLIC HEARING City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Gabriel Elliott, Director of Community Development and Housing Department:Community Development and Housing Subject:Conduct a Public Hearing and Introduce Ordinance No. MC-1636: Development Code Amendment 24-02 (Emergency Shelter Overlay) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1636 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-02 amending the following Sections and table: (i) Section 19.02.50 (Basic Provisions - Definitions). (ii)Section 19.06.020; (iii)Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses). (iv)Section 19.08.020; (v)Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses); and (vi)Chapter 19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Emergency Shelters in compliance with state law; and finding that Development Code Amendment 24-02 is exempt from review under the California Environmental Quality Act; and 2. Conduct the Public Hearing; and Packet Page. 508 1 9 7 4 3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on May 1st, 2024. Executive Summary Approval of Development Code Amendment 24-02 will amend the City’s Emergency Shelter Overlay (SBMC Title 19; Chapter 19.10-E) to comply with the current provisions of the state law for the development of emergency shelters. Background The Development Code (SBMC Title 19) is the primary mechanism by which the City implements the policies, goals, and objectives of both the General Plan and the Housing Element (an element of the General Plan). The Development Code achieves this by guiding development, on a lot-by-lot basis, throughout the city. On December 6, 2010, the Mayor and City Council adopted Ordinance No. MC-1342, establishing the Chapter 19.10-ES (Emergency Shelter Overlay) of the City of San Bernardino Development Code to help regulate the development of Emergency Shelters within the City. On September 28, 2022, the Governor signed Assembly Bill 2339 amending Government Code Section 65583 as it pertained to the development of emergency shelters. This bill became effective on January 1, 2023, rendering Chapter 19.10-ES (Emergency Shelter Overlay) of the City of San Bernardino Development Code inconsistent with state law. As part of Housing and Community Development’s (HCD’s) October 2, 2023, letter regarding the City’s draft Housing Element, HCD noted that the provisions of the City’s Emergency Shelter Overlay constitute a constraint to the development of emergency shelters. The Stipulated Final Judgement and Order submitted in Gracia et al. v. City of San Bernardino states that the city will update the Emergency Shelter Overlay as required by statute and stipulation agreement. In the meantime, the City has issued an interdepartmental memo directing staff to conduct ministerial review of any application for an Emergency Shelter consistent with Government Code sections 65583(a)(4), and 65583.2(i). This Development Code Amendment 24-02 meets the requirements of state law. Discussion Emergency Shelters are currently permitted with the approval of a Conditional Use Permit (CUP) in the Commercial Regional (CR-2) zone and subject to an Administrative Development Permit (ADP) on specific parcels zoned Commercial Heavy (CH), Industrial Light (IL), and Office Industrial Park (OIP) identified in the Emergency Shelter Overlay. Additionally, Emergency Shelters are subject to development standards established in the Emergency Shelter Overlay. Assembly Bill No. 2339 requires jurisdictions to identify one or more zoning designations that specifically allow residential uses (including mixed uses) where emergency shelters, including at least one year-round emergency shelter, must be allowed as permitted use, Packet Page. 509 1 9 7 4 by right. The City’s existing regulations do not meet this requirement as the parcels in the Emergency Shelter Overlay do not permit any other type of residential use. Additionally, sites in these zoning designations chosen for emergency shelters must be located near services for homeless persons, and a jurisdiction must have sufficient sites zoned appropriately to meet the need for shelters in the locality. To determine the need for Emergency Shelters in the City, Staff referred to the 2023 Point-in-Time Count (PITC). The PITC provides a count of sheltered and unsheltered homeless persons in the City. Per the 2023 PITC, there were 1,502 homeless persons surveyed in the City of San Bernardino. Of that number, 1,017 persons were identified as unsheltered (e.g., living on the streets, in parks, abandoned buildings, or in their cars). Based on the number of unsheltered persons (1,017) and the requirements in Government Code Section 65583, the city is required to dedicate 4.67 acres of undeveloped land to accommodate the unmet need for shelters. This land area is derived by multiplying 1,017 unsheltered persons by 200 square feet per person, which equals 203,400 square feet. At 43,560 square feet per acre, the total required area is 4.67 acres. The zones where the City could allow Emergency Shelters consistent with the requirements of Government Code Section 655873(a)(4) include: the residential zones (RE, RL, RS, RU, RM, RMH, and RH) and the commercial zones (CO, CG-1, CG-2, CG-3, CR-1, CR-2, CR-3, and CCS-1), where residential uses (multiple-family and/or mixed-use w/ residential) are also permitted. In considering the appropriate residential and/or commercial zones to permit Emergency Shelters by-right, Staff has determined that the most appropriate course of action would be to modify the existing permitting requirements (CUP) for the Commercial Regional (CR-2) zone. The CR-2 zone exists within the Downtown area and would provide for the necessary services for homeless persons, as noted above. Staff surveyed vacant properties within the CR-2 zone and identified approximately 8.9 acres that could be developed, thereby exceeding the 4.67 acres that would be required. Emergency Shelters will also be subject to the following objective standards in compliance with the Government Code: a) The maximum number of beds or persons permitted to be served nightly by the facility. b) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. c) The size and location of exterior and interior onsite waiting and client intake areas. d) The provision of onsite management. e) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart. f) The length of stay. g) Required lighting. h) A requirement for security during hours that the emergency shelter is in operation. Packet Page. 510 1 9 7 4 Proposed Amendment In order to ensure that the Emergency Shelter Overlay complies with state law, this amendment will update Section 19.02.50 (Basic Provisions - Definitions), Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted And Conditionally Permitted Uses), Section 19.08.020; Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses), and Chapter 19.10-E (Emergency Shelter Overlay). The attached exhibits (A-E) include the specific changes as proposed for adoption into the Development Code. Implementation The amendment to the Emergency Shelter Overlay will take effect 30 days following the approval of Development Code Amendment 24-02 by the Mayor and City Council. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: Housing Element Program 2.7 (Constraints to a Variety of Housing); Objective 2.7c. - Amend SBMC's permitting, definitions, and associated regulations to facilitate development of emergency shelters, transitional and supportive housing, and low barrier navigation centers per state law. Housing Element Program 5.6 (Homeless Services); Objective 5.6g. - Revise municipal code provisions for a security and management plan for emergency shelters in compliance with the Stipulated Final Judgement and Order submitted in the case of Gracia et. al v. City of San Bernardino. The adoption and implementation of Development Code Amendment 24-02 is consistent with the City’s General Plan by amending the City of San Bernardino Municipal Code in compliance with the program requirements of the adopted 2021-2029 Housing Element. 2021-2025 Strategic Targets and Goals Development Code Amendment 24-02 aligns with Key Target Goal No. 3: Improved Quality of Life and 4(b): Economic Growth and Development – Update the General Plan and Development Code. Specifically, the amendment will update the Development Code for compliance with state law. The amendment to the Development Code will ensure consistency with state law. Fiscal Impact There will be no fiscal impact to the City’s General Fund as a result of this action. Packet Page. 511 1 9 7 4 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1636 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-02 amending the following Sections and table: (i) Section 19.02.50 (Basic Provisions - Definitions). (ii)Section 19.06.020; (iii)Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses). (iv)Section 19.08.020; (v)Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses); and (vi)Chapter 19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Emergency Shelters in compliance with state law; and finding that Development Code Amendment 24-02 is exempt from review under the California Environmental Quality Act; and 2. Conduct the Public Hearing; and 3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on May 1, 2024. Attachments Attachment 1 Ordinance No. MC-1636 (Approving Development Code Amendment 24-02) Attachment 2 Ordinance MC-1636 (Exhibits A-E) Attachment 3 Resolution No. 2024-013 - PC Attachment 4 Newspaper Publication Ward: All Wards Synopsis of Previous Council Actions: N/A Packet Page. 512 ORDINANCE NO. MC-1636 4 4 5 6 ORDINANCE NO. MC-1636 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 24-02 AMENDING SECTION 19.02.50 (BASIC PROVISIONS - DEFINITIONS), SECTION 19.06.020; TABLE 06.01 (COMMERCIAL ZONES - DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES), SECTION 19.08.020; TABLE 08.01 (INDUSTRIAL ZONES - DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES), AND CHAPTER 19.10-E (EMERGENCY SHELTER OVERLAY) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE (SBMC TITLE 19) IN ORDER TO UPDATE THE DEVELOPMENT STANDARDS FOR EMERGENCY SHELTERS IN COMPLIANCE WITH STATE LAW; AND FINDING THAT DEVELOPMENT CODE AMENDMENT 24-02 IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, on December 6, 2010, the Mayor and City Council adopted Ordinance No. MC-1342, establishing the Chapter 19.10-ES (Emergency Shelter Overlay) of the City of San Bernardino Development Code; and WHEREAS, on September 28, 2022, the Governor signed Assembly Bill 2339 amending Government Code Section 65583 as it pertained to the development of emergency shelters; and WHEREAS, on January 1, 2023, amended Government Code Section 65583 came into effect rendering Chapter 19.10-ES (Emergency Shelter Overlay) of the City of San Bernardino Development Code inconsistent with state law; and WHEREAS, on October 2, 2023, the Community Development and Housing Department - Planning Division received a letter regarding the City’s draft Housing Element noting that the provisions of the City’s Emergency Shelter Overlay constitute a constraint to the development of emergency shelters; and WHEREAS, in a Stipulated Final Judgement and Order submitted in Gracia et al. v. City of San Bernardino, it was stated that the City would update the emergency shelter to comply with state law; and WHEREAS, Development Code Amendment 24-02 is a City-initiated amendment to Section 19.02.50 (Basic Provisions - Definitions), Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses), Section 19.08.020; Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses), and Chapter 19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Packet Page. 513 ORDINANCE NO. MC-1636 4 4 5 6 Title 19) in order to update the development standards for Emergency Shelters in compliance with state law; and WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 24-02 in compliance with the California Government Code, consistent with the City of San Bernardino General Plan, and incompliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development Department evaluated Development Code Amendment 24-02 and determined that it is exempt from CEQA under 15061(b)(3) of the CEQA Guidelines; and WHEREAS, on March 12, 2024, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing and adopted Resolution No. 2024- 013 recommending the adoption of the Development Code Amendment 24-02 to the Mayor and City Council; and WHEREAS, notice of the April 17, 2024 public hearing for the Mayor and City Council's consideration of Development Code Amendment 24-02 was published in The Sun newspaper on April 6, 2024, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 24-02; and NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein. SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 24-02 and this Ordinance No. MC-1636 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment. SECTION 3.Finding of Facts – Development Code Amendment 24-02 Finding No. 1:The proposed amendment is consistent with the General Plan. Packet Page. 514 ORDINANCE NO. MC-1636 4 4 5 6 Finding of Fact:Development Code Amendment 24-02 is consistent with the General Plan, as follows: Housing Element Program 2.7 (Constraints to a Variety of Housing); Objective 2.7c. - Amend SBMC's permitting, definitions, and associated regulations to facilitate development of emergency shelters, transitional and supportive housing, and low barrier navigation centers per state law. Housing Element Program 5.6 (Homeless Services); Objective 5.6g. - Revise municipal code provisions for a security and management plan for emergency shelters in compliance with the Stipulated Final Judgement and Order submitted in the case of Gracia et. al v. City of San Bernardino. The adoption and implementation of Development Code Amendment 24- 02 is consistent with the City’s General Plan by amending the City of San Bernardino Municipal Code in compliance with the program requirements of the adopted 2021-2029 Housing Element. Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:The adoption and implementation of Development Code Amendment 24- 02 is in the interest or furtherance of the public health, safety, convenience, and general welfare through the establishment of regulations consistent with state law that will allow for the development of emergency shelters to provide temporary housing for the City’s unsheltered residents. SECTION 4.Adoption of Ordinance. Development Code Amendment 24-02 to amend Section 19.02.50 (Basic Provisions - Definitions), Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses), Section 19.08.020; Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses), and Chapter 19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Title 19) to update the Emergency Shelter Overlay in compliance with state law attached hereto and incorporated herein by reference as Exhibits “A” through “E”, is hereby approved. SECTION 5.Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 24-02. SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or Packet Page. 515 ORDINANCE NO. MC-1636 4 4 5 6 more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2024. __________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney Packet Page. 516 ORDINANCE NO. MC-1636 4 4 5 6 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1636, introduced on April 17th, 2024, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. ______________________________ Genoveva Rocha, CMC, City Clerk Packet Page. 517 EXHIBIT A Development Code Section 19.02.050 (Definitions) 19.02.050 (Definitions) shall be modified to read as follows: Emergency Shelter. As used in Government Code Sections 65582, 65583 and 65589.5 (Senate Bill 2), and as defined in Health and Safety Code Section 50801(e), “emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless persons unable to pay for housing. Facilities occupied by individuals who pay for their housing shall not be permitted as emergency shelters. Also referred to as “homeless shelter”, “homeless facility” or “social service center with a residential component.” Any structure or facility, the primary purpose of which is to provide housing or temporary shelter, with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by homeless persons. No individual or household may be denied emergency shelter because of an inability to pay. This definition includes other interim interventions, including but not limited to a navigation center, bridge housing, and respite or recuperative care. Packet Page. 518 EXHIBIT B Development Code Section 19.06.020 (Permitted, Development Permitted, and Conditionally Permitted Uses) 19.04.020 (Permitted, Development Permitted, and Conditionally Permitted Uses); Table 06.01 (Commercial Zones – Permitted, Development Permitted, and Conditionally Permitted Uses) shall be modified to read as follows: TABLE 06.01 PERMITTED, DEVELOPMENT PERMITTED, AND CONDITIONALLY PERMITTED USES LAND USE ACTIVITY CO CG- 1 CG- 2 CG- 3 CR-1 CR-2 CR-3 CR-4 CH CCS- 1 CCS- 2 H. Medical/Care Facilities/Social Services Commercial establishments, which provide services of a medical/care nature, related to the health and welfare of the City’s residents. Examples of allowable land use activities include, but are not limited to, the following: 1. Blood Banks C C -- -- -- -- -- -- -- -- -- 2. Emergency Shelters -- -- -- -- -- D15 -- -- D15 -- -- 3. Health Clinics/Outpatient Surgery D D D D D5 D D -- -- D -- 4. Medical Offices D D D D D D D -- D D D 5. Hospitals C C -- -- -- -- -- -- -- -- -- 6. Outpatient – Treatment Programs C C C -- -- -- -- -- -- D -- 7. Residential Care Facilities C C C -- -- C -- -- -- -- -- 8. Senior/Congregate Care Facilities C C C -- -- C -- -- -- -- -- 9. Social Services Centers C C C C -- C C -- -- -- -- 15 Permitted in the Emergency Shelter Overlay, pursuant to Chapter 19.10-E. Packet Page. 519 EXHIBIT C Development Code Section 19.08.020 (Permitted, Development Permitted, and Conditionally Permitted Uses) 19.08.020 (Permitted, Development Permitted, and Conditionally Permitted Uses); Table 08.01 (Industrial Zones – Permitted, Development Permitted, and Conditionally Permitted Uses) shall be modified to read as follows: TABLE 08.01 PERMITTED, DEVELOPMENT PERMITTED, AND CONDITIONALLY PERMITTED USES LAND USE ACTIVITY OIP IL IH IE 11. Emergency Shelters D 1 D 1 – – 1 Permitted in the Emergency Shelter Overlay, pursuant to Chapter 19.10-E. Packet Page. 520 EMERGENCY SHELTER OVERLAY ZONE – 19.10-E II-19.10-E-1 CHAPTER 19.10-E ES (EMERGENCY SHELTER OVERLAY) ZONE Section Page 19.10-E.010 Purpose ..................................................................................................... II-19.10-E-1 19.10-E.020 Applicability ............................................................................................ II-19.10-E-1 19.10-E.030 General Provisions ................................................................................... II-19.10-E-1 19.10-E.040 Development Standards ........................................................................... II-19.10-E-2 19.10-E.010 PURPOSE The purpose of this chapter is to provide for areas within the CH, Commercial Regional (CR-2), Commercial Heavy (CH), IL, Industrial Light (IL), and OIP, Office Industrial Park (OIP) zones as referenced in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08, where emergency shelters, in accordance with Government Code Section 65583, are allowed without a conditional use permit or other discretionary permit. Recognizing the need for available and affordable sites for establishment of emergency shelters outside the traditional locations in commercial zones, the Emergency Shelter Overlay zone provides several areas within the CR-2, CH, IL, and OIP zones for new emergency shelters to be integrated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries (area of applicability) is to maximize the potential for provision of emergency shelter and support services throughout the City of San Bernardino. 19.10-E.020 APPLICABILITY The Emergency Shelter Overlay zone shall apply to CH, Commercial Regional (CR-2), Commercial Heavy (CH), IL, Industrial Light (IL), and OIP, Office Industrial Park (OIP) zones as specified in reference maps adopted with the Emergency Shelter Overlay zone and available in the Community Development and Housing Department. All land use regulations and development standards for commercial and industrial uses as specified in Chapters 19.06 and 19.08 shall remain in effect. The effect of the Emergency Shelter Overlay zone shall be to define the area of applicability where emergency shelters shall also be permitted with Director approval, and to add general and specific development standards for emergency shelters within the CR-2, CH, IL, and OIP zones. 19.10-E.030 GENERAL PROVISIONS 1.Emergency shelters located in the Emergency Shelter Overlay zone shall be developed and operated according to the land use regulations, development standards and design guidelines for the CR-2, CH, IL, and OIP zones, as applicable, as well as Chapter 19.10-E. 2.Emergency shelters shall be permitted with the ministerial approval of an Administrative Development Permit within the Emergency Shelter Overlay zone as specified in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. The purpose of the Administrative Development Permit shall be limited to review for conformance with the development standards established within this subsection. Exhibit D Packet Page. 521 EMERGENCY SHELTER OVERLAY ZONE – 19.10-E II-19.10-E-2 19.10-E.040 DEVELOPMENT STANDARDS 1. The following standards shall apply to development of emergency shelters within the Emergency Shelter Overlay zone: A. EMERGENCY SHELTERS Emergency shelters, providing temporary housing and support services to homeless persons, shall be permitted in the Emergency Shelter Overlay zone of the CH, Commercial Regional (CR-2), Commercial Heavy (CH), IL, Industrial Light (IL), and OIP, Office Industrial Park (OIP) zones, subject to the standards in this Section. As social services with residential components, emergency shelters are also conditionally permitted in several commercial zones and throughout the IL, Industrial Light zone. The following standards shall be required for development or establishment of emergency shelters in the Emergency Shelter Overlay zone: (1) The maximum resident density shall be one resident per 150 sq. ft., up to a maximum of 60 residents; (2) The maximum length of stay shall be six months; (3) The site shall be located no more than ½ mile from a public transit line; (4) Any new or existing structure proposed for use as an emergency shelter shall meet current California Building Code requirements. (5) Off-street parking shall be provided at a ratio of one space per 1,000 square feet of gross floor area, or one space for each employee on the largest shift plus one space for each agency vehicle plus three visitor spaces, whichever is greater; (6) Fencing and exterior lighting conforming to the development standards of Chapter 19.20 shall be required to ensure the security of site residents; (7) A security and management plan shall be required to demonstrate adequate plans and capability to operate the emergency shelter in a safe and effective manner, including complete descriptions of the following: (a) Fencing, lighting, video cameras, and any other physical improvements intended to provide or enhance security for residents and staff; (b) Staffing plans, including the qualifications and responsibilities of all staff members and the number and positions of employees on each shift; (c) Procedures and policies for screening of potential residents to identify individuals who should be referred to medical facilities, residential care facilities, other service agencies or law enforcement; (d) Plans and policies for daily operations and supervision of residents; Packet Page. 522 EMERGENCY SHELTER OVERLAY ZONE – 19.10-E II-19.10-E-3 (e) Support services to be offered to residents, including life skills training, counseling, referral to other service agencies and job placement assistance; (f) Plans to coordinate services of the facility with other homeless service providers in San Bernardino County, to improve the effectiveness of the network of agencies serving the homeless, countywide. (1) Number of Beds. The maximum number of beds or persons permitted to be served nightly by an emergency or homeless shelter shall be determined and as allowed by Building and Fire Codes. (2) Required Parking. An emergency or homeless shelter shall provide off-street parking at a ratio of one (1) space per employee. (3) Waiting Area. An emergency or homeless shelter shall provide an on-site, client intake, waiting area to prevent queuing on public sidewalks. (4) Onsite management. An emergency or homeless shelter shall have a manager on- site during operating hours. (5) Proximity. Emergency or homeless shelters shall not be less than 300-feet apart from other emergency or homeless shelters, as measured from the nearest property lines. (6) Length of Stay. The maximum length of stay at an emergency or homeless shelter shall be 180-days in a consecutive 365-day period, or not longer than the time frame established by the California Health and Safety Code for Emergency Shelters, whichever is greater. (7) Lighting. Sites with an emergency or homeless shelter shall provide lighting in all parking, pedestrian, and entry areas. Lighting shall be in compliance with Title 24, California Code of Regulations. (8) Security. Emergency or homeless shelters shall provide on-site security during hours that the emergency shelter is in operation. Packet Page. 523 EMERGENCY SHELTER OVERLAY ZONE – 19.10-E II-19.10-E-4 Intentionally Blank Packet Page. 524 Exhibit E - EMERGENCY SHELTER OVERLAY PARCELS Existing parcels within Emergency Shelter Overlay District 1 0269-171-05 0269-171-09 0269-171-12 0269-171-21 0269-171-27 0269-171-39 0269-171-35 0269-171-42 0269-171-46 0269-231-22 0269-231-23 District 2a 0142-081-12 0142-081-25 0142-081-26 0142-094-34 0142-094-38 0142-094-42 0142-094-45 0142-094-46 0142-094-47 0142-094-48 0142-094-49 0142-095-15 0142-095-16 0142-111-04 0142-111-10 0142-111-13 0142-111-17 0142-111-18 0142-112-13 0142-112-14 0142-112-24 0142-211-01 0142-211-02 0142-211-26 0142-211-05 0142-211-08 0142-211-19 0142-211-10 0142-211-11 0142-211-28 0142-211-29 (portion of combined parcel) 0142-212-03 0142-212-04 0142-212-05 0142-212-06 0142-212-07 0142-212-15 0142-212-18 0142-212-22 0142-212-24 0142-221-02 0142-221-04 0142-221-05 0142-222-12 0142-222-03 0142-222-31 District 2b 0142-042-01 0269-271-71 0142-043-04 0142-043-07 0142-043-08 0142-043-09 0269-291-04 0269-291-11 Packet Page. 525 Exhibit E - EMERGENCY SHELTER OVERLAY PARCELS District 3 0283-032-01 0283-032-02 0283-032-03 0283-032-04 0283-032-05 0283-032-06 0283-032-07 0283-032-08 0283-032-09 0283-032-10 0283-032-12 0283-032-13 0283-032-15 0283-032-16 0283-032-17 0283-032-18 0283-032-19 0283-032-22 0283-032-23 0283-032-25 0283-032-29 0283-032-30 0283-032-31 0283-032-32 0283-032-33 0283-032-34 0283-032-39 0283-032-41 0283-032-42 0283-032-45 0283-032-46 0283-032-47 0283-032-48 0283-032-50 0283-032-51 0283-041-04 0283-041-05 0283-041-06 0283-041-07 0283-041-09 0283-041-10 0283-041-11 0283-041-12 0283-041-13 0283-041-14 0283-041-18 0283-041-19 0283-041-22 0283-041-23 0283-041-34 0283-041-35 District 4 1191-231-35 1191-231-36 1191-231-49 1191-231-50 1191-231-51 District 5 (deleted) District 6 0280-021-48 (portion of combined parcel) Packet Page. 526 Exhibit E - EMERGENCY SHELTER OVERLAY PARCELS Proposed (CR-2) parcels to add to Emergency Shelter Overlay 1) 0.68 acres 0134-014-24 0134-014-25 0134-014-26 0134-014-27 2) 0.68 acres 0134-021-26 0134-021-27 0134-021-28 0134-021-29 3) 0.24 acres 0134-023-19 4) 1.28 acres 0134-023-50 0134-023-57 5) 0.31 acres 0134-051-29 6) 0.37 acres 0134-052-22 7) 1.11 acres 0134-053-07 0134-053-20 0134-053-21 0134-053-22 0134-053-23 0134-053-25 0134-053-26 8) 0.26 acres 0134-061-06 9) 0.13 acres 0134-061-10 10) 0.54 acres 0134-081-18 0134-081-21 11) 0.33 acres 0135-021-04 0135-021-05 12) 0.18 acres 0135-021-07 13a) 0.72 acres 0135-081-11 0135-081-12 0135-081-13 0135-081-14 0135-081-15 13b) 0.40 acres 0135-091-09 0135-091-10 0135-091-11 14) 0.26 acres 0135-101-08 0135-101-28 15) 1.41 acres 0140-282-02 0140-282-05 0140-282-43 0140-282-71 0140-282-73 0140-282-74 0140-282-81 Packet Page. 527 Packet Page. 528 NOTICE OF PUBLIC HEARING BEFORE THE MAYOR AND CITY COUNCIL Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a public hearing on Wednesday, April 17, 2024 at 4:00 p.m. in the Feldheym Public Library, Bing Wong Auditorium, 555 West 6th Street, San Bernardino, California 92410, on the following item(s): DEVELOPMENT CODE AMENDMENT 24-01 – A City-initiated amendment to Section 19.02.50 (Basic Provisions - Definitions), Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses), Section 19.08.020; Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses), and Chapter 19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Emergency Shelters in compliance with State law. Environmental Determination: Exempt, pursuant to §15061(b)(3) (Review for Exemption) of the State CEQA Guidelines Applicant: City of San Bernardino – Community Development and Housing Department The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items. The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions. The public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the City Clerk’s Office by phone at (909) 384-5002. If you challenge the resultant action of the Mayor and City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing. Submitted: April 2, 2024 Publish: April 6, 2024 (Display Ad) Please send first proof for verification or changes by e-mail to Jennifer Meamber: meamber_je@sbcity.org. Please reference “MCC Display Ad” on the billing and send to the City of San Bernardino, Planning Division, 290 North D Street, San Bernardino, CA 92401. Packet Page. 529 Packet Page. 530 Packet Page. 531 Packet Page. 532 Packet Page. 533 Packet Page. 534 Packet Page. 535 Packet Page. 536 Packet Page. 537 Packet Page. 538 Packet Page. 539 Packet Page. 540 Packet Page. 541 Packet Page. 542 Packet Page. 543 Packet Page. 544 2 0 2 0 DISCUSSION City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Department:City Manager’s Office Subject:Discuss and Provide Direction on Whether to Pursue Censure of Council Member Kimberly Calvin Recommendation: It is recommended that the Mayor and City Council, of the City of San Bernardino, California, discuss 1) whether to and the process for adopting a Resolution of Censure concerning Council Member Kimberly Calvin’s alleged misconduct involving violations of policy, law and fiduciary duty; 2) whether to engage outside legal counsel and provide direction to staff and whether to appoint an ad hoc committee to schedule a hearing and consideration of final Resolution of Censure. Executive Summary A censure is an official reprimand or condemnation, typically adopted by resolution, representing a city council or public body's disapproval of specific behavior by an individual council member. While it doesn't impose penalties like fines or suspension, it serves to distance the agency from unacceptable behavior. If pursued, the council must adopt a resolution containing findings supporting the censure, a process that would be conducted by the council itself, potentially with guidance from legal counsel or an ad hoc committee. Background At the City Council Special Meeting on April 11, 2024, the Mayor and City Council directed the City Manager to place an item on the City Council agenda to discuss whether to pursue and the process for Censure of Council Member Kimberly Calvin. Discussion A censure is generally understood to be “an official reprimand or condemnation; an authoritative expression of disapproval or blame." (Black's Law Dictionary (10th ed. 2014).) The City Council has authority to censure an individual Council Member. Packet Page. 545 2 0 2 0 (Braun v. City of Taft (1984) 154 Cal.App.3d 332, 347-348.) A censure is generally adopted by resolution and represents the opinion of a city council or other public body, but does not levy a fine, suspension, or other penalty. While there is no statute directly addressing censure, many local legislative bodies have adopted resolutions condemning inappropriate behavior and violations of policies and laws. A censure is one way of distancing the public agency from bad behaviors that interfere with the agency’s ability to conduct the public’s business. While censure does not remove an elected official from office, it may serve an important purpose by stating to the public that certain behavior is unacceptable to the other council members. It is a form of self-policing for elected officials. An elected official who is subject to possible censure is entitled to due process with notice and an opportunity to be heard. This process must take place in open session as the California Attorney General has issued a written opinion concluding that complaints against elected officials may not be discussed in closed session. (61 Ops. Cal. Atty. Gen. 10 (1978).) Therefore, if the City Council wishes to censure Council Member Calvin, the following process is recommended: 1. A censure discussion should be placed on the agenda for a City Council meeting. (This is being done with this agenda report). 2. The agenda item should outline reasons for the consideration of the censure and provide for notice to Council Member Calvin as to when the City Council intends to hear the matter. 3. The City Council should direct that Council Member Calvin receive individualized notice by mail. 4. The censure should be scheduled for deliberation in open session, and not in closed session. (61 Ops.Cal.Atty.Gen. 10 (1978).) 5. Council Member Calvin should be afforded an opportunity to be heard. However, formal rules of evidence do not apply, including the right to cross examination. (Binkley v. City of Long Beach (1993) 16 Cal.App.4th 1795, 1809.) 6. Like resolutions generally, the censure resolution must be adopted by a majority vote of the City Council. Reasons for the consideration of a censure may include: 1. Illegal disclosure of closed session information in violation of the Brown Act. 2. Improper use of city email and city communications. Packet Page. 546 2 0 2 0 3. Improper interactions with City employees. 4. Breach of fiduciary duty. If the City Council decides to proceed, it should be noted that the Council will need to adopt a resolution containing findings as to why the City Council believes a censure is appropriate. This process of identifying facts to support findings should be conducted by the City Council and not staff who have a responsibility to serve all elected officials equally. The Council Members may want to appoint an ad hoc committee and/or direct staff to engage special legal counsel to guide the Council and proceed with the Censure process should the Council decide to move in that direction. 2021-2025 Strategic Targets and Goals Consideration of a censure of Council Member Calvin aligns with Key Target No.1e: Minimize risk and litigation exposure. Fiscal Impact There is no fiscal impact to the City for the review and consideration of a Censure Resolution. Conclusion It is recommended that the Mayor and City Council, of the City of San Bernardino, California, discuss 1) whether to and the process for adopting a Resolution of Censure concerning Council Member Kimberly Calvin’s alleged misconduct involving violations of policy, law and fiduciary duty; 2) whether to engage outside legal counsel and provide direction to staff and whether to appoint an ad hoc committee to schedule a hearing and consideration of final Resolution of Censure. Attachments Ward: All Wards Synopsis of Previous Council Actions: April 11, 2024 Mayor and City Council directed the City Manager to provide an overview of the process and sample resolution for Censure of Council Member Kimberly Calvin. Packet Page. 547 1 9 1 2 DISCUSSION City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Lynn Merrill, Director of Public Works, Operations & Maintenance Department:Public Works Subject:Adopt an Urgency Ordinance Restricting Truck Traffic on Certain Roadway Segments Within the City Limits. Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Urgency Ordinance No. MC-1635, amending Section 10.24.190 of the City of San Bernardino Municipal Code to restrict Commercial Vehicles with a gross vehicle weight rating exceeding 30,000 pounds on certain segments of City roads, specifically University Parkway (State Street) from the eastern off ramp of Interstate 210 to Baseline Road; and Pepper Avenue from Ninth Street to Randall Avenue. Executive Summary The urgency ordinance regulation prohibits trucks on two roadway segments: (1) along University Parkway, between the I-210 Freeway eastbound off-ramp and Baseline Street; and (2) on Pepper Avenue between 9th Street and Randall Avenue. This will ensure that truck movements do not damage the City roadway system and provide a safer environment for the traveling public on the City’s roadway network. An urgency ordinance is necessary in order to protect the residential neighborhoods and schools from immediate and unexpected safety impacts, as well as to prevent immediate damage to two newly constructed street segments, including University Parkway from Baseline Street to the I-210 Freeway, and Pepper Avenue from the 210 Freeway to Randall Avenue. Background To accommodate the large volumes of truck traffic for businesses and growth in industrial and distribution sectors, the City of San Bernardino is in the process of Packet Page. 548 1 9 1 2 adopting a truck circulation map, which is a part of the Truck Route Study, which will be included in the General Plan update in the foreseeable future. The adoption of the recommendations in the Truck Route Study, and the subsequent passing of an ordinance adopting the recommendation of the Truck Route Study, will allow the City Council to designate the routes that trucks must use when passing through the city, and traveling to and from points within San Bernardino. The future Truck Route Study ordinance will provide the City the ability to legally enforce the truck routes citywide. Truck route signage will be installed along the truck routes as part of this implementation plan. This truck route network will be developed to facilitate goods movement for commercial vehicles/trucks along strategic corridors to minimize impacts on collector and local streets, as well as to protect the residential neighborhoods from truck traffic. The new General Plan update has analyzed the potential truck routes, which included consideration of land use, roadway functional classification, pavement conditions, industrial corridors and single site locations, inter-agency linkages, truck delivery needs, and overall city circulation needs. Pepper Avenue between I-210 and Randall Avenue is jointly operated and maintained within certain segments by both the City of Rialto and City of San Bernardino. At the Rialto City Council Meeting of February 28, 2023, the City of Rialto adopted an interim urgency ordinance to prohibit trucks on Pepper Avenue between the I-210 Freeway and Rialto Avenue for 22 months. The City of Rialto has requested the adoption of an urgency ordinance within the City of San Bernardino's jurisdiction in order to effectively enforce the truck route prohibitions on Pepper Avenue between the I-210 Freeway and Randall Avenue. The new truck route prohibition will be applied on Pepper Avenue between 9th Street and Randall Avenue within the City of San Bernardino jurisdiction. University Parkway between Hanford Avenue and Baseline Street was opened to traffic on December 15, 2023. This newly constructed road serves as a vital link connecting the residential community to the businesses on Highland Avenue to the north and Baseline Street to the south. To enhance safety for local schools, area residents, and the newly constructed pavement section on University Parkway, between Hanford Avenue and Baseline Street, staff is recommending restricting truck traffic on University Parkway between the I-210 Freeway eastbound off-ramps and Baseline Street, in both directions. Both of these routes are newly constructed or rehabilitated, and as such, create a new opportunity for unauthorized truck routes through residential neighborhoods and through areas with adjacent schools. In order to protect these communities from potential hazards resulting from heavy trucks moving through at higher speeds, it is necessary to recommend the adoption of Urgency Ordinance No. MC-1635 while the General Plan and Truck Route Study are being undertaken. The Urgency Ordinance is being requested by the City of Rialto for the City of San Bernardino portion of Pepper Avenue segment between the I-210 Freeway and Randall Avenue in order to Packet Page. 549 1 9 1 2 correlate to the urgency ordinance adopted by the City of Rialto on February 28, 2023. Discussion The movement of trucks is regulated by the State of California for State highways and Interstate routes within California, and local jurisdictions are permitted by State law to regulate access by trucks to local roadways. Other policies, establishing the right to regulate truck trips and enforce weight limits are defined by the California Vehicle Code (CVC). Maximum truck size and weight regulations in the CVC ensure that trucks have safe operating characteristics, such as clearance under bridges, turning radius at corners, and stopping capability. The regulations also ensure that truck movements and parking do not damage state and local highways and roadways. The CVC allows local jurisdictions to issue permits to vehicles in excess of these size or weight standards. The CVC includes sections that define how truck size and weight limits may be enforced and provides authority to local jurisdictions to establish truck routes on specific streets and to prohibit trucks on other streets. The current General Plan has the following policies related to trucking. These are listed in the General Plan under Goal 6.5, which is titled “Develop a transportation system that reduces conflicts between commercial trucking, private/public transportation, and land uses”: •6.5.1 Provide designated truck routes for use by commercial/industrial trucking that minimize impacts on local traffic and neighborhoods. •6.5.2 Continue to regulate on-street parking of trucks to prevent truck parking on residential streets or in other locations where they are incompatible with adjacent land uses. The use of signs, restricted parking, limited parking times, and the posting of “No Overnight” parking signs are mechanisms that can be employed depending upon the specific needs of the affected area. •6.5.3 Prepare neighborhood protection plans for areas of the City where heavy vehicle traffic or parking becomes a significant enforcement problem. (C-2) •6.5.4 Require that on-site loading areas minimize interference of truck loading activities with efficient traffic circulation on adjacent roadways. (LU-1) There are existing Municipal Code provisions that govern the use of trucks or parking of trucks on specific streets within San Bernardino. The Code text establishes limits for these activities on the roadways based on vehicle weight, through the following sections: 10.24.190 Commercial Vehicles Prohibited on Certain Streets: A. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, et seq., no person shall operate or drive any commercial vehicle upon the streets shown on Attachment 3, and the Traffic Engineer shall cause appropriate signage to be erected giving notice thereof. B. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, Packet Page. 550 1 9 1 2 et seq., no person shall operate or drive any vehicle exceeding a maximum gross weight limit of ten thousand pounds upon the streets shown on Attachment 4, and the Director of Public Services shall cause appropriate signs to be erected giving notice of such weight limitation prohibition. C. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, 35703, et seq., no person shall operate or drive any commercial vehicle having a manufacturer's Gross Vehicle Weight Rating (GVWR) exceeding thirty thousand (30,000) pounds upon the streets shown on Attachment 5, and the Director of Public Services shall cause appropriate signs to be erected giving notice of such weight limitation prohibition. Truck prohibitions on certain roadways are regulatory measures implemented to ensure safety, efficiency, and sustainability in transportation networks. These prohibitions restrict the access of heavy trucks to specific routes or areas where their presence could pose risks to infrastructure, public safety, and environmentally sensitive area such as schools and residential communities, such as the segment of roadway along Pepper Avenue between 9th Street and Randall Avenue. Justification for truck prohibitions stems from various factors including roadway characteristics, traffic patterns, community issues and concerns, and environmental considerations. Safety Concerns One of the primary justifications for implementing Urgency Ordinance No. MC-1635 is to mitigate safety risks associated with heavy truck traffic on certain roadways within the City of San Bernardino. Pepper Avenue along the segment of the roadway where the prohibition would apply does not support travel lane widths for the specific classification of trucks that exceeds the maximum weight limit and the number of axles. Narrow roads and narrow lanes would likely increase the frequency of accidents involving trucks. Prohibiting trucks from traversing these routes will help reduce the potential for collisions, rollovers, and other incidents that endanger motorists, pedestrians, and cyclists. University Parkway also consists of narrow roadways above Foothill Boulevard and is adjacent to roadways without adequate shoulder or sidewalks between Foothill Boulevard and Baseline Street. These routes are used by school children going to and from the adjacent schools. Prohibiting trucks from traversing these routes will help reduce the potential for collisions, rollovers, and other incidents that endanger motorists, pedestrians, and cyclists. Infrastructure Protection Heavy trucks exert significant pressure on pavement and bridges, accelerating wear and tear on roadways, and necessitating costly repairs and maintenance. By restricting truck access on Pepper Avenue, which is not designed to accommodate trucks with a gross Packet Page. 551 1 9 1 2 vehicle weight rating exceeding 30,000 pounds, the City can prolong the lifespan of pavement section, protect curb radiuses at the turning points, and limit knockdown of traffic signal poles at intersection turning points. As a result, public infrastructure will be preserved, and protection of existing roadway improvements will result in allocating resources more effectively for maintenance and upgrades to other areas in the City of San Bernardino. Environmental Impacts Heavy trucks are major contributors to air and noise pollution, particularly in urban environments where population density is high. Pepper Avenue between I-210, 9th Street, and Randall Avenue has many land uses that are comprised of middle schools, high schools, single-family homes, mobile homes, and retail establishments. By diverting truck traffic away from these environmentally sensitive areas, the City of San Bernardino can reduce emissions, noise levels, and negative impacts to the community. The justification and findings above serve as a basis for informed decision-making and policy formulation regarding the regulation of truck traffic on diverse roadway networks. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 3d: Improved Quality of Life – Improve the City’s appearance, cleanliness, and attractiveness by eliminating damage to the City’s infrastructure and maintaining the appearance of newly paved roadway segments. Fiscal Impact There is no General Fund impact associated with this action. The total cost to complete is approximately $2,000. to produce and install the signs. There is sufficient budget within the Gas Tax for this item. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Urgency Ordinance No. MC-1635, amending Section 10.24.190 of the City of San Bernardino Municipal Code to restrict Commercial Vehicles with a gross vehicle weight rating exceeding 30,000 pounds on certain segments of City roads, specifically University Parkway (State Street) from the eastern off ramp of Interstate 210 to Baseline Road; and Pepper Avenue from Ninth Street to Randall Avenue. Attachments Attachment 1: Urgency Ordinance No. MC-1635 Attachment 2: Commercial Vehicles Prohibited Locations Attachment 3: Weight Limit Restriction Locations – 10,000lbs Attachment 4: Weight Limit Restriction Locations – 30,000lbs Packet Page. 552 1 9 1 2 Ward: 3 & 6 Synopsis of Previous Council Actions: N/A Packet Page. 553 Urgency Ordinance No. MC-1635 URGENCY ORDINANCE NO. MC-1635 AN URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING SECTION 10.24.190 OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE TO RESTRICT COMMERCIAL VEHICLES WITH A GROSS VEHICLE WEIGHT RATING EXCEEDING 30,000 POUNDS ON CERTAIN SEGMENTS OF CITY ROADS, SPECIFICALLY UNIVERSITY PARKWAY (STATE STREET) FROM THE EASTERN OFF RAMP OF INTERSTATE 210 TO BASELINE ROAD; AND PEPPER AVENUE FROM NINTH STREET TO RANDALL AVENUE WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of San Bernardino has the police power to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries, to the extent that such regulations are not in conflict with the general laws of the State of California; and WHEREAS, pursuant to California Vehicle Code Section 35701, any city may by ordinance prohibit the use of a street by any commercial vehicle or by any vehicle exceeding a maximum gross weight limit; and WHEREAS, the City Council observes that inter-city truck traffic on City of San Bernardino streets has substantially increased, causing congestion and safety concerns for residents that affect quality of life and threaten the economic viability of recent commercial development; and WHEREAS, Policy 6.5.1 of the Circulation Element of the General Plan of the City of San Bernardino requires that the City take action to minimize the impacts of commercial trucking on local traffic and neighborhoods; and WHEREAS, the street segments of Pepper Avenue from Ninth Street to Randall Avenue are predominantly residential neighborhoods, and are adjacent to Rialto High School and Jehue Middle School which increases the risk of pedestrian, bicycle and vehicle interactions with commercial trucking; and WHEREAS, the street segment of University Parkway (State Street) from the eastern off ramp of Interstate 210 to Baseline Road is a residential neighborhood; and WHEREAS, inadequate control of truck traffic on local streets causes congestion inconsistent with the best economic interests of the community, decreases the City’s ability to regulate traffic in a manner consistent with protection of the public, and may adversely impact particulate emissions and the environment, all of which pose a current and immediate threat to public health, safety, and welfare in the residential areas designated above; and Packet Page. 554 Urgency Ordinance No. MC-1635 2 4 2 6 0 WHEREAS, the City has completed a draft Truck Route Study that will be finalized and serve as a contribution to the Circulation Element upon the completion of an updated General Plan, and this Truck Route Study will serve as the formal documentation and justification for updated truck routes citywide through a new General Plan; and WHEREAS, upon review of the existing commercial truck traffic routes in the General Plan, which was adopted in 2005 prior to explosive growth in international trade, it has been determined that certain segments previously approved for general truck traffic may no longer be appropriate for such use; and WHEREAS, the City of Rialto, as a partner on Project SS20-010, Pepper Avenue Street Rehabilitation from Baseline Road to Mill Street, has requested that the City of San Bernardino consider immediate uniform commercial truck traffic limitations on Pepper Avenue between Interstate 210 and Baseline Road through an urgency ordinance to ensure uniform public safety enforcement of truck traffic based on the City of Rialto’s Citywide Speed Survey and Truck Route Study, and the adoption of City of Rialto Ordinance No. 1684 on February 28, 2023, which limited commercial vehicles on the City of Rialto segments of Pepper Avenue; and WHEREAS, the City of San Bernardino will consider truck route prohibitions along Pepper Avenue between 9th Street and Randall Avenue, and University Parkway (State Street) between the Interstate 210 eastbound off ramp and Baseline Road, to promote consistent truck traffic enforcement in residential areas along the larger multi-jurisdictional segment of Pepper Avenue, and to protect the residential areas and school zones that are served by Pepper Avenue and University Parkway (State Street); and WHEREAS, the Mayor and City Council of the City of San Bernardino recognize the need to revise certain street segments to protect the public health, safety, and welfare, and desire to adopt an Urgency Ordinance to restrict commercial truck traffic with a gross vehicle weight rating exceeding 30,000 pounds on certain segments of City roads effective immediately. THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. A. California Vehicle Code (CVC) Section 21101 states, “Local authorities…may adopt rules and regulations by ordinance or resolution…(c) Prohibiting the use of particular highways by certain vehicles." B. For roadways bordering other jurisdictions, CVC Section 21105 states “No rule or regulation…shall be effective as to boundary line streets where portions thereof are within different jurisdictions unless approved by all authorities having jurisdiction of such portions of the street concerned have approved the same.” Packet Page. 555 Urgency Ordinance No. MC-1635 3 4 2 6 0 C. Per CVC Section 35700, any county or city may permit loads on highways under their jurisdictions of a maximum gross weight in excess of that specified in the CVC. D. CVC Section 35701 states that any city or county may, by ordinance, prohibit the use of any vehicle exceeding any maximum gross weight limit in residential areas. This excludes certain vehicles, such as refuse collection trucks. E. Per CVC Section 35703, local authorities are not permitted to “prohibit any commercial vehicles coming from an unrestricted street having ingress and egress by direct route to and from a restricted street when necessary for: picking up and delivering goods from or to any building or structure on the restricted street, or delivering materials used in the repair, alteration, remodeling, or construction of any building or structure on the restricted street for which a building permit has previously been obtained.” F. In accordance with California Vehicle Code Sections 35701, 35703, et seq., the City adopted an ordinance, codified in Chapter 10.24.190(C) of the City of San Bernardino Municipal Code, prohibiting commercial vehicles having a Gross Vehicle Weight Rating exceeding 30,000 pounds upon certain streets. G. If truck travel is prominent on roadways determined by the City to be inappropriate for truck traffic, based on adjoining land use and/or the local nature and use of the roadway, the City Council may consider taking action in order to maintain consistency with Policy 6.5.1 of the Circulation Element of the City of San Bernardino General Plan. H. The draft Truck Route Study, which is being developed for an update of the Circulation Element of the City of San Bernardino General Plan, has raised issues regarding the appropriateness of commercial truck traffic on the designated segments. I. The draft Truck Route Study has identified the curb lane width on segments of Pepper Avenue to be as low as 12 feet, and the curb lane width on segments of University Parkway (State Street) to be as low as 11 feet. J. The City of Rialto conducted an independent Citywide Speed Survey and Truck Route Study, and has determined that a commercial truck restriction is appropriate on Pepper Avenue by adopting Ordinance No. 1684 on February 28, 2023. K. The City of Rialto may not implement their adopted commercial truck restriction on Pepper Avenue if the City of San Bernardino does not adopt a similar commercial truck restriction, according to CVC 21105, as Pepper Avenue is a roadway that borders both jurisdictions. Packet Page. 556 Urgency Ordinance No. MC-1635 4 4 2 6 0 L. The purpose of adopting Urgency Ordinance No. MC-1635 is to avoid the potentially significant adverse impacts to the public’s health, safety, and welfare described herein. SECTION 2. That Section 10.24.190 (C) of the City of San Bernardino Municipal Code is hereby amended to add: “10. Pepper Avenue between 9th Street and Randall Avenue.” SECTION 3. That Section 10.24.190 (C) of the City of San Bernardino Municipal Code is hereby amended to add: “11. University Parkway (State Street) between Interstate 210 eastbound off ramp and Baseline Road.” SECTION 4. Urgency. In accordance with Government Code section 36937, the City Council hereby finds and determines that adoption of this Urgency Ordinance No. MC-1635 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 the Recitals, which are hereby expressly incorporated by reference as though fully set forth herein. SECTION 5. 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 6. 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 it 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 7. Effective Date. In accordance with Government Code section 36937, 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 herein, including in the incorporated recitals, and it takes effect immediately upon adoption by the City Council by at least a four-fifths vote. SECTION 8. 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. Packet Page. 557 Urgency Ordinance No. MC-1635 5 4 2 6 0 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of , 2024. Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Page. 558 Urgency Ordinance No. MC-1635 6 4 2 6 0 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Urgency Ordinance No. MC-1635, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held the day of 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this day of 2024. ______________________________ Genoveva Rocha, CMC, City Clerk Packet Page. 559 10.24.190 Commercial Vehicles Prohibited on Certain Streets A. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, et seq., no person shall operate or drive any commercial vehicle upon the following streets, and the Traffic Engineer shall cause appropriate signage to be erected giving notice thereof: 1. Palmyra Drive between Sierra Way and Sonora Drive; 2. Arlington Drive between Palmyra Drive and its terminus three hundred feet to the southeast; 3. Lugo Avenue between Palmyra Drive and Ralston Avenue; 4. Thirty-Ninth Street between Lugo Avenue and its terminus two-hundred ninety feet to the east; 5. Thirty-Ninth Street between Palmyra Drive and Belle Street; 6. Ralston Avenue between Waterman Avenue and Sonora Drive; 7. Belle Street between Ralston Avenue and Thirty-Ninth Street; 8. Sonora Drive between Palmyra Drive and its terminus two-hundred sixty feet to the southeast; 9. Sonora Drive between Palmyra Drive and its terminus two-hundred sixty feet to the southeast; 10. Twenty-Fourth Street between Lincoln Drive and "I" Street; 11. Twenty-Fifth Street between Lincoln Drive and "I" Street; 12. Twenty-Sixth Street between Lincoln Drive and "I" Street; 13. "I" Street between Twenty-Third Street and Twenty-Seventh Street; 14. Davidson Street between Tippecanoe Avenue and Richardson Street; 15. Hardt Street between Tippecanoe Avenue and Richardson Street; 16. Gould Street between Tippecanoe Avenue and Richardson Street; 17. Coulston Street between Tippecanoe Avenue and Richardson Street; 18. Tia Juana Street between Fourth Street and Fifth Street; 19. Cabrera Avenue between Fourth Street and Fifth Street; 20. Kingman Street between Tia Juana Street and Mt. Vernon Avenue. 21. Poplar Street between Pepper Avenue and Meridian Avenue. 22. Meridian Avenue between Mill Street and the end of Meridian Avenue north of Walnut Street. 23. Mt. Vernon Avenue between 5th Street and 2nd Street (Mt. Vernon Avenue Bridge), except for commercial pickup trucks, vans, and passenger cars. Packet Page. 560 (Ord. MC-1283, 9-03-08) B. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, et seq., no person shall operate or drive any vehicle exceeding a maximum gross weight limit of ten thousand pounds upon the following streets, and the Director of Public Services shall cause appropriate signs to be erected giving notice of such weight limitation prohibition: 1. Airport Drive; 2. Arrowhead Avenue, between Marshall Boulevard and Kendall Drive; Belleview Street, between "K" Street and "I" Street; (Ord. MC-1410, 12-01-14) 3. Businesscenter Drive; 4. Commercenter Circle; 5. Commercenter East; 6. Commercenter West; Congress Street, between "K" Street and "I" Street; (Ord. MC-1410, 12-01-14) 7. Diners Court; "I" Street, between Congress Street and the end of "I" Street approximately 300 feet north of Belleview Street (Rialto Avenue); (Ord. MC-1410, 12-01-14) "J" Street, between Rialto Avenue and the end of "J" Street approximately 1,000 feet south of Congress Street; (Ord. MC-1410, 12-01-14) 8. San Bernardino Civic Plaza Access Loop; 9. Sunwest Lane, between Hospitality Lane and "E" Street; 10. Meridian Avenue Between Rialto Avenue and 170 Feet North of 9th Street; 11. Belleview Street between "K" Street and "I" Street; 12. Congress Street between "K" and "I" Street; 13. "J" Street between Rialto Avenue and the end of "J" Street approximately 1,000 feet south of Congress Street; 14. "I" Street between Congress Street and the end of "I" Street approximately 300 feet north of Belleview Street (Rialto Avenue). Packet Page. 561 (Ord. MC-1398, 4-21-14) C. Pursuant to the authority and restrictions of Vehicle Code Sections 35701, 35703, et seq., no person shall operate or drive any commercial vehicle having a manufacturer's Gross Vehicle Weight rating (GVWR) exceeding thirty thousand (30,000) pounds upon the following streets, and the Director of Public Services shall cause appropriate signs to be erected giving notice of such weight limitation prohibition: 1. 40th Street, east of Harrison Street for a distance of five hundred (500) feet; 2. 40th Street, west of Waterman Avenue to Acacia; 3. Valencia Avenue, between 40th Street and 30th Street; 4. Parkside Drive, between 40th Street and 30th Street; 5. Sierra Way, from the Highway 18 junction to 30th Street; 6. Mountain View Avenue, from its merge with Electric Avenue to 30th Street; 7. Electric Avenue, from 40th Street to its merge with Mountain View Avenue; 8. Hospitality Lane, from E Street to Waterman Avenue; 9. Hunts Lane, from Hospitality Lane to E Street Packet Page. 562 1 9 6 1 DISCUSSION City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Barbara Whitehorn, Director of Finance and Management Services Department:Finance Subject:City Manager’s Preliminary Proposed Biennial FY 2024/25 and FY 2025/26 Operating and Capital Budget Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the City Manager’s Proposed Budget for the FY 2024/25 and FY 2025/26 Operating and Capital Budget. Executive Summary The City Manager’s Proposed Budget provides the Mayor and City Council with a balanced budget for the Fiscal Years 2024/25 and 2025/26. This staff report and presentation will provide an overview of the City Manager’s proposed operating and capital budgets. Background The City has adopted a biennial budget planning process. While this process includes adopting the budget annually, every two years the City goes through the process of budgeting for the full two years, forecasting revenue, expenditures, and capital spending. During the interim years the City completes a more informal mid-biennial update, which includes a review of the forecast considering economic trends, and adjustments to the second-year budget as necessary or as recommended by the City Manager. Fiscal year 2023/24 was an interim year, and FY 2024/25 marks the beginning of a new two-year budget cycle. Discussion This overview includes a forecast of revenues, expenditures, and review of fund balance for the General Fund, the capital improvement plan, including ongoing projects, and proposed additions. Packet Page. 563 1 9 6 1 This is the first meeting of three meetings for the biennial budget process. The next meeting, to be held on May 15, 2024, will be the Budget Public Hearing. Finally, the formal adoption of the Budget is proposed to take place on June 5, 2024. Revenues Revenues are projected to end FY 2023/24 at approximately $218.6 million. This represents an increase of $10.3 million over the FY 2023/24 adopted budget for revenues of $208.3 million. The City has seen revenue increases year-over-year from sale and use tax and Measure S (transaction and use tax), as well as other revenue streams, including franchise fees, licenses and permits, which includes developer fees driven by increasing development, industrial, commercial and residential within the City, investment income, which is driven by higher interest rates improving the rate of return on the City’s investments, and utility user tax, a revenue that in the last few years has been declining. Utility user tax is a tax on utilities within the city limits. As residential and commercial consumers engage in more conservation behavior regarding energy usage and take advantage of programs that incentivize the purchase of solar panels, utility bills, and therefore the tax collected on the total cost of utilities has declined. However, in the last two years, the cost of fuel underlying utilities has increased exponentially, driving the cost of utilities up such that this category of revenue increased significantly (19%) in FY 2023/24 and is anticipated to continue to grow over the next two years. This trend is not forecast to continue over the long term. Cannabis revenues have been surprisingly low over the last year. These revenues have been lower than anticipated primarily due to illegal competition cutting into the profits of legal operations. State-wide the decrease in cannabis tax collections in calendar year 2023 was nearly 9.5%. Experts anticipate that this trend will not continue as the State is expected to crack down on illegal operators. Below is a table with the forecast revenues for FY 2024/25 and 2025/26. Packet Page. 564 1 9 6 1 Expenditures FY 2024/25 and 2025/26 expenditures include increases in all departments to ensure that the existing levels of service are maintained, and in some cases increased service levels are recommended. In developing the General Fund Biennial Budget, alignment with the Mayor and City Council’s Strategic Goals was paramount to ensure that programs, projects, and services both uphold the commitments of the Mayor and City Council as well as meeting the needs of the community. The Strategic Goals are below. The following table summarizes the General Fund FY 2023/24 year-end estimated expenditures, and the proposed expenditures for FY 2024/25 and 2025/26 by department. Following are the individual department increases beyond existing service levels and staffing. De partm e nt FY 2023/24 Ame nde d FY 2024/25 Propose d FY 2025/26 Propose d Mayor 305,812$ 316,585$ 328,257$ City Council 1,092,321 1,219,448 1,266,453 City Clerk 1,908,667 1,836,372 1,874,739 Legal Services 5,309,583 5,181,587 5,536,580 General Government 11,131,069 10,420,266 13,194,135 Transfer out to Animal Services 4,269,976 7,547,205 8,535,050 City Manager 3,420,261 5,156,385 5,708,085 Human Resource & Risk Management 3,059,953 2,784,522 3,042,376 Finance & Management Services 5,671,902 6,612,495 7,241,806 Economic Development 498,790 1,785,363 2,002,329 Special Assessment District 150,000 150,000 150,000 Capital Improvement Operating Contribution 950,618 -- Community Development & Housing 14,039,199 14,808,952 16,192,944 Police 119,810,135 131,704,344 137,046,166 Parks Recreation & Community Services 5,448,878 6,000,401 6,389,934 Public Works 34,863,813 35,591,030 37,647,120 Library Services 2,933,028 4,975,029 4,952,283 T otal General Fund Expenditures 214,864,005$ 236,089,984$ 251,108,257$ CITY OF SAN BERNARDINO PROPOSED EXPENDITURES FY 2024/25 & FY 2025/26 Packet Page. 565 1 9 6 1 Parks, Recreation and Community Services Investments Focus areas for the Parks, Recreation and Community Services Department include improvements to the City’s parks, community centers, ensuring access to services for seniors, increasing the services offered at the parks and community centers, and adding to youth sports and aquatics. Parks and Recreation added six (6) positions in FY 2023/24, including the four (4) positions for the Park Ranger Program that were later transferred to the Police Department. These and the other two (2) positions, the Deputy Director, and a Community Recreation Program Supervisor, were intended to improve the quality of service to the community and the ability of our Parks and Recreation staff to provide service within our parks. As discussed, the Parks Ranger programs has been shifted to the Police Department and hiring for that program is underway. Parks and Recreation has two (2) Program Coordinator positions with the Mid-Year follow-up item before Mayor and City Council this evening, April 17, 2024. These two positions are grant funded through December 31, 2024, after which the City will need to find additional grant funding, fund the positions within the General Fund, or not fund the positions. Given the need for the positions to continue to expand and improve service to the community, the latter option is not recommended. The Parks, Recreation and Community Services budget is proposed to increase just over 10% for FY 2024/25, from $5.45 million to $6.00 million, and increase another 6.5% in FY 2025/26, not inclusive of any potential grants or new programming. The department’s proposed full-time equivalent positions amount will be 29. Library Services The Library Services Department focus areas include continuing to increase staffing in the branch libraries, increasing resources for the community, recruitment and retention and staff training and development. The Libraries are still well under the staffing level they enjoyed before the City declared bankruptcy in 2012. While the City has developed efficiencies as a lean organization, Library Services faces challenges that are a direct result of understaffing. During FY 2023/24, Library Services added two (2) full-time positions, one (1) Library Technician and one (1) Management Analyst. While the positions added over the last three years have allowed the libraries to expand hours and improve service, they are still behind and require additional support to provide the level of service that the community deserves. The Library Services Department is requesting one (1) additional Library Technician to continue to improve branch service levels. The annual cost is approximately $82,787 with salary, benefits, and other costs (IT, office supplies, etc.). Packet Page. 566 1 9 6 1 The Library Services Budget is proposed to increase 70% from FY 2023/24 Amended Budget of $2,933,028 to the Proposed 2024/25 Budget of $4,975,029, as the City invests more in library operations, services, and technology. The FY 2025/26 Budget remains steady year-over-year. The Library Network Administrator and the Library Network Technician full-time equivalent positions will be transferred from Library Services to the IT Department. The technology within the libraries requires significant upgrades to both hardware and software. Moving the positions to the IT department should allow more effective and efficient management of the upgrade process. With the addition of one position and the transfer out of two, the total Library Service staff will be 21 full-time equivalent positions. Investing in Public Works, Operations and Maintenance Focus areas for the Public Works Department include clean and safe streets, infrastructure resilience, community outreach and education, and environmental stewardship. Department management is also focused on recruitment and retention since operational challenges due to understaffing are an ongoing issue. Public Works is requesting the following additional positions: one (1) Engineering Technician and one (1) NPDES Inspector II. The breakdown of costs for these positions is below. Five (5) total positions were added for Public Works in FY 2023/24. These were one (1) Land Development Engineer, three (3) Engineering Project Managers, and one (1) Capital Projects Manager. The Public Works FY 2024/25 Proposed Budget is $35,591,030, a 2.1% increase over the FY 2023/24 Amended Budget. It should be noted that the Public Works proposed budget decreased by the amount of the city-wide security contract, which was transferred to the Police Department. This contract is approximately $2 million annually, which represents a 5% decrease in the Public Works budget. If the security contract is not factored into the FY 2023/24 budget, the increase year-over-year is approximately 8%. The total staffing for the Public Works Department will be 143 full-time equivalent Numbe r T itle Annual Salary & Be ne fits T otal 1 Engineering Technic ian 98,029 98,029 1 NPDES Inspec tor II 114,640 114,640 NPDES Software & Hardware 149,497 149,497 IT and Other Cos ts (per pos ition)5,000 10,000 372,166 Packet Page. 567 1 9 6 1 positions. Public Safety Investments – Police Focus areas for the Police Department are quality of life for the community, public engagement, organizational effectiveness, employee development, recruitment, and retention. The Police Department added thirteen (13) critical positions during FY 2023/24, not including the three (3) Park Ranges and one (1) Park Ranger Supervisor, which were initially added to the Parks and Recreation Department and then later transferred to the Police Department. There are also eleven (11) positions that have been brought forward with the item that is before the Mayor and Council this evening, April 17, 2024. Within the 11 positions, there are 3 Police Dispatchers. A recent study conducted to evaluate the number of staff needed to effectively respond to calls for service determined that the police dispatch center is significantly understaffed given the number of calls for service. Considering the result of the study, the Police Department is requesting an additional four (4) Police Dispatchers (in addition to the three mentioned above), one (1) Police Dispatch Supervisor, and one (1) Police Dispatch Manager, for a total of six (6) positions and a budgetary impact of $692,455. The breakdown is below. The Police Department is also requesting an ongoing operational increase of $700,000 to contract custodial transport services to transport individuals who have been arrested to the County facility in Rancho Cucamonga. Currently, patrol officers must transport individuals to the facility, which takes a great deal of time that could be better used. A custody transport service will transport multiple individuals at once and remove the need for patrol officers to take this time from their day. The Police Department’s FY 2024/25 Proposed Budget is $131,704,334, a 9.9% increase over FY 2023/24. This increase includes the addition of the $2 million city- wide security contract, which was previously included in the Public Works budget, and the $506,000 Park Ranger Program which was previously included in the Parks and Recreation budget. These transfers account for 21% of the increase. The Quality-of- Life Team, added with the Strategic Initiatives in October of 2023, accounts for another 13%. Numbe r T itle Annual Salary & Be nefits T otal 4 Police Dispatchers 97,950 391,800 1 Police Dispatch Supervis or 120,847 120,847 1 Police Dispatch Manager 137,011 137,011 Training & Education 2,132 12,796 IT and Other Cos ts (per position)5,000 30,000 692,455 Packet Page. 568 1 9 6 1 The Police Department will have 460 full-time equivalent positions. If the 14 full-time equivalent positions proposed in the previous item before the Mayor and City Council are approved, the Police Department will then have 474 full-time equivalent positions. Human Resources & Risk Management and Finance & Management Services Human Resources and Finance are internal service departments. Internal service departments ensure that the departments that are public facing have the adequate resources and support that they need. Internal service departments include not only Human Resources and Finance, but also Information Technology Services. Human Resources and Finance are included in the General Fund Budget and IT is a separate Internal Service Fund. Focus areas for Human Resources & Risk Management include policy updates, the organization-wide classification and compensation study, and improvements to the recruitment and onboarding process. The HR department is requesting the addition of one (1) Senior Office Assistant to assist with administrative tasks. HR is responsible for a significant amount of confidential information and files that are required by law to be maintained for a specific number of years, depending on the type of information. This Senior Office Assistant will be invaluable in helping the department ensure that all confidential information is appropriately maintained according to law. HR added the following positions in FY 2023/24, one (1) HR Technician, one (1) HR Analyst II, and one (1) Supervising HR Analyst, for a total annual ongoing cost of $321,551. With the addition of the above, the total Human Resources and Risk Management staffing will be 18 full-time equivalent positions. Finance and Management Services focus areas include recruitment and retention, employee development, and continuing to update policies. Since 2021 the department has updated the Investment Policy, the Travel Policy, the Reimbursement Policy, the Cash Handling Policy, the Procurement Card Policy, the Purchasing Policy, and others; however, there remain policies that are outdated or need additional refining. Finance is requesting the addition of one (1) Accounting Technician III. This position will aid the department with basic accounting duties, allowing higher-level accountants Numbe r T itle Annual Salary & Be ne fits T otal 1 Senior Office Ass istant 69,959 69,959 IT and Other Costs (per position)5,000 5,000 74,959 Packet Page. 569 1 9 6 1 to focus more on journal entries and more complex tasks. Finance added one (1) Payroll Technician with the FY 2023/24 Budget for a total cost of $77,849. Finance is recommending the transfer of the Enterprise Resource Planning (ERP) Manager position to the Information Technology Services Department to ensure that the planning and transition to the new software goes smoothly. With the transfer of this position and the addition of the above position, the total staff in the Finance & Management Services Department will be 31 full-time equivalent positions. Other Funds Animal Services, Investing in Regional Partnerships Animal Services continues to focus on community education, improving access to spay and neuter services and working to find a full-time veterinarian to work with the shelter. The shelter has improved outcomes for animals in its care, and has now entered regional partnerships with Fontana, Rialto, Colton, Loma Linda, and Grand Terrace. Starting July 1, these partnerships are anticipated to double the number of animals that the shelter cares for. The City has been preparing for this increase for the last several months, hiring additional staff and increasing capacity at the shelter. On December 6, 2023, the Mayor and City Council approved the hiring of 31 additional positions in Animal Services, and three positions were authorized as part of the Strategic Initiatives on October 18, 2023, for a total of 34. The partner cities will pay for the cost of sheltering the animals that are brought into the City’s shelter on their behalf and will be making capital contributions to the improvements to the shelter facility. Numbe r T itle Annual Salary & Be ne fits T otal 1 Acc ounting Technician III 89,677 89,677 IT and Other Costs (per pos ition)5,000 5,000 94,677 Fund FY 2023/24 Amended FY 2024/25 Proposed FY 2025/26 Propose d Animal Services 7,278,049$ 10,509,218$ 11,551,824$ Internal Service Funds Information Technology 12,597,832$ 9,549,488$ 9,893,993$ Fleet Services 6,712,714$ 6,127,814$ 6,493,376$ Liability 9,179,220$ 20,886,563$ 21,916,216$ Workers Compensation 5,566,631$ 5,706,139$ 5,919,373$ Packet Page. 570 1 9 6 1 The department added the following positions in FY 2023/24 to prepare for the regional partnerships: The Animal Services Department FY 2024/25 Proposed Budget is $10,509,218, an increase of 44% over the FY 2023/24 Amended Budget of $7,278,048. This increase will allow the City to significantly expand the services provided to the community, as discussed above, and be ready for the increase in animals from the new regional partnerships. The Budget for FY 2025/26 is proposed to increase by 10% year-over- year to $11,551,824. The total number of staff in the Animal Services Department in FY 2024/25 will be 71 full-time equivalent positions. Information Technology Fund As discussed above, the Information Technology Fund is an Internal Service Fund. Costs associated with this fund are charged to the departments within the General Fund and the Animal Services Fund. IT is currently focused on upgrading the City’s IT infrastructure, with an emphasis on cybersecurity. Funds are allocated annually to replacing aging servers, switches, and other critical hardware to ensure that the City is not at risk. Additionally, the department conducts ongoing risk assessments and provides training to personnel city-wide to prevent cyberattacks, rather than waiting to mitigate damage after the fact. The FY 2024/25 IT Services Budget is $9,549,488. This is a decrease of just over $3 million from the FY 2023/24 Amended Budget; however, the funding for the ERP implementation budget is encumbered and will carry over into FY 2024/25. IT is not requesting any new positions; however, the Inland Empire Media Group (IEMG), with one (1) full-time equivalent position, and several part-time positions, is being transferred from the General Government department in the General Fund to the Packet Page. 571 1 9 6 1 IT Fund, and two (2) full-time equivalent Library IT positions, the Library Network Administrator and the Library Network Technician, currently in the Library Services Department, are also moving to the IT Services Fund and the employees will be managed by the IT Department. Additionally, as discussed above, the ERP Manager position is moving from Finance to IT. These transfers will increase the IT staffing level from 15 full-time equivalent positions to 19. Attached to this report is a list of all positions added in FY 2023/24 with the exception of those included in this report (which would be added in FY 2024/25) and those recommended with the item before the Mayor and Council tonight, April 17, 2024. Attachment 2 – List of FTE Positions Added in FY 2024. Fleet Services The FY 2024/25 Budget is $6.1 million. The Proposed FY 2024/25 Budget is an increase over the adopted budget, the amended budget includes contracts that were not fulfilled before the end of FY 2022/23. Workers Compensation Fund The Workers Compensation Fund has historically been consistent in its annual increases year-over-year. The increase from FY 2023/24 to FY 2024/25 is approximately 3%. The estimated increase from FY 2025 to FY 2026 is approximately 4%. Liability Fund The Liability Fund has experienced significantly increased claims in the last 12 to 18 months. Staff recommended an increase during the Mid-Year FY 2023/24 report of $7 million to complete the fiscal year. With stop-loss insurance that does not begin until a claim reaches a $5 million threshold, lawsuits against the City can be extremely expensive. The Liability Fund budget must be increased to ensure that the funds are available to meet the need. As older existing claims against the City are settled, staff anticipates that the need for this fund to have a budget of this magnitude will no longer be necessary. Capital Improvement Plan and Projects The Capital Improvement Plan (CIP) includes ongoing and proposed new projects. There are currently 71 ongoing active projects, which limits the capacity to add new projects. Ongoing projects include (but are not limited to) projects in the following categories and Wards: Buildings: •The California Theatre Renovation (Ward 1) •Encanto Community Center Renovation (Ward 1) •Feldheym Library Improvements (Ward 1) Packet Page. 572 1 9 6 1 Parks & Recreation: •Guadalupe Park/Sal Saavedra Field (Ward 1) •Seccombe Lake Park (Ward 1) •Roosevelt Bowl Rehabilitation (Ward 2) •Speicher Park Ballfields & Parking Lot Improvements (Ward 2) •Speicher Park Eastside Skate Park (Ward 2) •Nicholson Park Improvements (Ward 6) Streets and Bridges: •Mt Vernon Bridge Replacement (Ward 1) •Cross Street Bridge Replacement (Ward 2) •University Parkway and I-215 Diverging Diamond Interchange (Ward 5 & 6) •Route I-210 at Waterman Avenue Interchange Improvements (Ward 7) •Pepper Avenue Rehabilitation (Multiple Wards) •Street Rehabilitation at Twenty-One Locations (Multiple Wards) •Street Rehabilitation at Three Locations (Multiple Wards) Storm Drains •Mt. Vernon Storm Drain (Ward 6) •Sierra Way Storm Drain (Ward 7) Traffic •Genevieve & Ralston Circuits Upgrade (Ward 7) •Dilemma Zone Detection at 49 Intersections (Multiple Wards) •224 Intersection Hardware Signal Upgrades (Multiple Wards) Within the ongoing projects, a few require additional funding due to unforeseen circumstances including unexpected delays, environmental hazards, increasing costs of materials and labor or changes in the project scope. Those projects are as follows: California Theatre Renovation, Anne Shirrells Park Gazebo, and the Speicher Park Ballfields & Parking Lot Improvements. All three are proposed to be funded by the General Fund. The following are newly proposed projects for FY 2024/25: Project Ward S tatus FY 2024/25 Funding California Theatre Renovation 1 Design 1,000,000 Anne Shirrells Park Gazebo 6 Co nstructio n 25,000 Speicher Park Imp. (Ballfields, Parking L ot)2 Design 1,300,000 2,325,000$ Packet Page. 573 1 9 6 1 Nicholson Park Community Center is proposed to be funded by the General Fund. The other two projects are proposed to be funded from RMRA Gas Tax, and Local Regional Circulation funds as well as possibly supplemented by the General Fund. The five-year CIP Budget and Planning document is attached to this report, Attachment 3 – 5-year CIP. 2021-2025 Strategic Targets and Goals The ongoing review of budget priorities and strategies aligns with all four key Mayor and City Council Strategic Goals and Priorities. Fiscal Impact No fiscal impact is associated with this report. The FY 2024/25-2025/26 Budget includes capital spending which is, in part, funded by reserves (fund balance). These reserves have been previously designated for capital projects by the Mayor and City Council. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the City Manager’s proposed budget presentation for the FY 2024/25 and FY 2025/26 Operating and Capital Budget. Attachments Attachment 1 – Presentation, City Manager’s Proposed Budget - Fiscal Years 2024/25 - 2025/26 Attachment 2 – List of FTE Positions Added in FY 2024 Attachment 3 – 5-year CIP Ward: All Wards Synopsis of Previous Council Actions: None Projec t Ward FY 2024/25 FY 2025/26 Nicholson Park Community Ctr Ph. 2 6 1,000,000 - 28th Street Traff ic Calming 7 170,500 130,000 Median o n Rialto at Metro link RR Xing 3 70,000 265,000 1,240,500$ 395,000$ Packet Page. 574 FY 2024/25 and FY 2025/26 City Manager’s Proposed Budget Barbara Whitehorn, Director of Finance & Management Services Zuyva Ruiz, Budget Division Manager April 17, 2024 Packet Page. 575 Proposed Budget Overview Presentation Overview •Budget Timeline •FY 2025 & FY 2026 Revenue Forecast •Recommended Expenditure Budget •Expenditure Details •Fund Balance Forecast •Proposed Capital Improvement Plan and Funding •Discussion & Next Steps Packet Page. 576 Budget Adoption Timeline Date Purpose April 17, 2024 Presentation of City Manager’s Proposed Operating & CIP Budget May 15, 2024 Budget Hearing – Proposed Budget June 5, 2024 Budget Adoption City Council Budget Meetings Packet Page. 577 FY 2025 & FY 2026 Revenues Packet Page. 578 FY 2025 & FY 2026 Revenues Category Breakdown •Sales & Use Tax (25%) •Measure S Transaction & Use Tax (23%) •Utility User Tax (12%) •Property Tax in Lieu of VLF (11%) •Licenses & Permits (7%) •Franchise Tax (6%) •Charges for Services (4%) Packet Page. 579 FY 2024/25 – 2025/26 Recommended Expenditure Budget Packet Page. 580 Aligning Strategic Goals & The Budget Packet Page. 581 FY 2025 & FY 2026 Proposed Expenditures Packet Page. 582 General Fund Expenditures •88 positions added in FY 2023/24 •Strategic and City Manager initiatives •Goal of decreasing reliance on contract staff and outsourcing •Investment in the community and services •Public Safety •Library Hours and Services •Youth Sports •Senior Services •Code, Permitting and Planning Services Packet Page. 583 Parks, Recreation & Community Service Investments Focus Areas: •Recreation & Community Events •Senior Services •Special Events •Aquatics & Youth Sports •Services Offered at Parks & Community Centers FY 2024 Amended FY 2025 Proposed FY 2026 Proposed $5,448,878 $6,000,401 $6,389,934 Packet Page. 584 Library Services Investments Focus Areas: •Increased Staffing in Branch Libraries •Increase Resources for the Community •Books, computer access, eBooks, audiobooks •Recruitment and Retention; Staff Training & Development FY 2024 Amended FY 2025 Proposed FY 2026 Proposed $2,933,028 $4,975,029 $4,952,283 •Management of Library IT Services Division moving IT Dept Packet Page. 585 Library Services Investments •Additional Position Requested: •1 Full-time Library Technician •Continue to improve service to the community FY 2025 Estimated Cost (all-in) FY 2026 Estimated Cost (all-in) $82,787 $92,102 •Total Library Staffing: 21 FTE •Inclusive of 2 positions transferred to IT Packet Page. 586 Public Works Ops & Maintenance Investments Focus Areas: •Clean & Safe Streets •Infrastructure Resilience •Employee Training, Development & Recognition •Community Outreach & Education •Environmental Stewardship FY 2024 Amended FY 2025 Proposed FY 2026 Proposed $34,863,813 $35,591,030 $37,647,120 Packet Page. 587 Public Works Ops & Maintenance Investments •Additional Positions Requested: •1 Full-time Engineering Technician •1 NPDES Inspector II •One-Time software & hardware cost in FY 2024/25 FY 2025 Estimated Cost (all-in) FY 2026 Estimated Cost (all-in) $372,166 $315,521 •Total Public Works Staffing: 143 FTE Packet Page. 588 Public Safety Investments - Police Focus Areas: •Quality of Life •Organization Effectiveness •Employee Development •Public Engagement •Recruitment and Retention (civilian and sworn) FY 2024 Amended FY 2025 Proposed FY 2026 Proposed $119,810,135 $131,704,344 $137,046,166 Packet Page. 589 Public Safety Investments – Police •Additional Positions Requested: •4 Police Dispatchers •1 Police Dispatch Supervisor •1 Police Dispatch Manager FY 2025 Estimated Cost (all-in) FY 2026 Estimated Cost (all-in) $692,455 $757,485 •Total Police Staffing: 460 FTE Packet Page. 590 Human Resources & Risk Mgmt. Investments Focus Areas: •Policy Updates •Classification & Compensation Study •Recruitment and Retention •Employee Training FY 2024 Amended FY 2025 Proposed FY 2026 Proposed $3,059,953 $2,784,522 $3,042,376 Packet Page. 591 Human Resources & Risk Mgmt. Investments •Additional Position Requested: •1 Senior Office Assistant FY 2025 Estimated Cost (all-in) FY 2026 Estimated Cost (all-in) $74,959 $83,099 •Total HR Staffing: 18 FTE Packet Page. 592 Finance & Mgmt. Services Investments Focus Areas: •Employee Development •Recruitment and Retention •Policy Updates FY 2024 Amended FY 2025 Proposed FY 2026 Proposed $5,671,902 $6,612,495 $7,241,806 •ERP Manager position moving IT Dept Packet Page. 593 Finance & Mgmt. Services Investments •Additional Position Requested: •1 Accounting Technician III FY 2025 Estimated Cost (all-in) FY 2026 Estimated Cost (all-in) $94,677 $108,879 •Total Finance Staffing: 31 •Inclusive of Transferring ERP Manager to IT Dept. Packet Page. 594 Investing in Animal Services Focus Areas: •Community Education •Spay and Neuter Program; Mobile Veterinary Unit •Regional Partnerships FY 2024 Amended FY 2025 Proposed FY 2026 Proposed $7,278,049 $10,509,218 $11,551,824 •Regional Partners will be contributing for the animal they bring to the Shelter Packet Page. 595 Personnel Investments – 14 positions FY 2025 Estimated Cost FY 2026 Estimated Cost $1,317,044 $1,357,086 Packet Page. 596 FY 2025 & FY 2026 Personnel Summary Total Budgeted Full-Time Positions: 926 * * Does not assume additions in FY 2025/26 * Does not include other additions that may be added on April 17, 2024 Packet Page. 597 FY 2022/23 FY 2023/24, FY 2024/25 – 2025/26 Fund Balance Review and Forecast Packet Page. 598 Fund Balance – June 30, 2023 General Fund Balance as of June 30, 2023: all funds non-spendable, restricted, reserved, or committed for capital projects Packet Page. 599 Fund Balance – June 30, 2024 Packet Page. 600 Fund Balance – June 30, 2025 Packet Page. 601 Fund Balance – June 30, 2026 Packet Page. 602 Capital Improvement Program Packet Page. 603 Capital Improvement Program Capital Improvement Program – Primary Funding Sources •Measure I •Street Maintenance (transportation improvements) ½ cent sales tax •Development Impact Fee Funds •Regional Circulation System Fund •Storm Drain Construction Fund •Measure S •SB-1 Gas Tax Fund •Highway Safety Improvement Program (HSIP Grant) Packet Page. 604 Capital Improvement Program Criteria •Health and Safety •Asset Condition (i.e., Pavement Condition) •Community Service and Programming Needs •Deferred Maintenance •Compliance/Legal Requirements (i.e., ADA Improvements) Packet Page. 605 Project Delivery Phases 32 Packet Page. 606 Project Delivery Workflow Process 33 Project Planning (6 months to 1 year) Design (6 months to 1 year) Advertise and Award (3 months) Construction (6 months to 1.5 years) Project Close-out (3 months) PLANNING DESIGN CONSTRUCTION 2 years to 4 years Packet Page. 607 Capital Improvement Projects by Category Project Category Types: 34 71 Active Projects – Approximately $116.5M •Streets •Parks •Buildings •Traffic •Storm Drain •Environmental / Integrated Waste •Police •Others Packet Page. 608 Capital Improvement Projects by Category 35 Packet Page. 609 Capital Improvement Projects by Funding 36 Packet Page. 610 37 Ongoing Projects §Buildings •California Theatre Renovation (Ward 1) •Encanto Community Center Improvements (Ward 1) •Police Locker Room Renovation (Ward 1) •Feldheym Library (Ward 1) §Parks and Recreation •Guadalupe Park (Sal Saavedra Field)(Ward 1) •Seccombe Lake Park Improvements (Ward 1) •Roosevelt Bow Rehabilitation (Ward 2) •Speicher Park Ballfield Improvements (Ward 2) •Speicher Park Eastside Skate Park (Ward 2) •Nicholson Park Improvements (Ward 6) Packet Page. 611 38 Ongoing Projects §Streets •Mt Vernon Bridge Replacement (Ward 1) •Cross Street Bridge Replacement (Ward 2) •University Parkway and I-215 Diverging Diamond Interchange (Ward 5 & 6) •Route I-210 at Waterman Avenue Interchange Improvements (Ward 7) •Pepper Avenue Rehabilitation (Multiple Wards) •Street Rehabilitation at Twenty-One Locations (Multiple Wards) •Street Rehabilitation at Three Locations (Multiple Wards) §Storm Drains •Mt. Vernon Storm Drain (Ward 6) •Sierra Way Storm Drain (Ward 7) §Traffic •Genevieve & Ralston Circuits Upgrade (Ward 7) •Dilemma Zone Detection at 49 Intersections (Multiple Wards) •224 Intersection Hardware Signal Upgrades (Multiple Wards) Packet Page. 612 Capital Improvements: Upcoming & New Investing in the Future 39 Capital funding needs for FY 2024/25 and 2025/26 Packet Page. 613 Ongoing Project Funding Needs California Theatre (Ward 1) •Existing Budget: $4,500,000 •Additional funding needed •FY 2024/25: $1,000,000 •FY 2025/26: N/A •Proposed source of funds: General Fund Packet Page. 614 Ongoing Project Funding Needs Speicher Park Ballfields and Parking Lot upgrades (Ward 2) •Existing Budget: $1,751,468 •Additional funding needed •FY 2024/25: $1,300,000 •FY 2025/26: N/A •Proposed source of funds: ARPA, other Federal Grant Programs Packet Page. 615 New Project Funding Needs •Nicholson Park Community Center (Ward 6) •Funding needed •FY 2024/25: $1,000,000 •FY 2025/26: N/A •Proposed source of funds: General fund •Anne Shirrells Park Gazebo (Ward 6) •Funding needed •FY 2024/25: $25,000 •FY 2025/26: N/A •Proposed source of funds: General Fund Packet Page. 616 New Project Funding Needs •28th Street Calming (Ward 7) •Funding needed •FY 2024/25: $170,500 •FY 2025/26: $130,000 •Proposed source of funds: RMRA Gas Tax, Regional Circulation •Median on Rialto at Metrolink RR Crossing (Ward 3) •Funding needed •FY 2024/25: $70,000 •FY 2025/26: $265,000 •Proposed source of funds: General Fund (FY 2024/25) Local Regional Circulation Fund (FY 2025/26) Packet Page. 617 Project Funding Summary Packet Page. 618 Budget Adoption – Next Steps Date Purpose April 17, 2024 Presentation of City Manager’s Proposed Operating & CIP Budget May 15, 2024 Budget Hearing – Proposed Budget June 5, 2024 Budget Adoption Packet Page. 619 Discussion & Next Steps Packet Page. 620 Date Department Position Title Annual Cost Initiative Program Resolution 6/21/2023 Finance & Mgmt. Services 1 Payroll Technician 77,849 FY 23/24 Adopted Budget N/A 2023-080 6/21/2023 Human Resources 1 Human Resources Technician 73,337 FY 23/24 Adopted Budget N/A 2023-080 6/21/2023 Information Technology 1 Network Systems Administrator 153,417 FY 23/24 Adopted Budget N/A 2023-080 8/16/2023 Public Works 1 Capital Project Manager 173,796 N/A N/A 2023-129 10/18/2023 Animal Services 1 Deputy Director of Animal Services 204,001 Strategic Initiatives Animal Services 2023-157 10/18/2023 Animal Services 1 Registered Vet Technician 81,259 Strategic Initiatives Animal Services 2023-157 10/18/2023 Animal Services 1 Veterinary Assistant 66,554 Strategic Initiatives Animal Services 2023-157 10/18/2023 City Manager 1 Legislative and Governmental Affairs Manager 173,873 Strategic Initiatives Advocacy 2023-157 10/18/2023 Comm. Dev. & Housing 1 Housing Division Manager 187,022 Strategic Initiatives Housing & Homelessness 2023-157 10/18/2023 Comm. Dev. & Housing 1 Principal Accountant 147,067 Strategic Initiatives Housing & Homelessness 2023-157 10/18/2023 Comm. Dev. & Housing 1 Management Analyst II 119,948 Strategic Initiatives Housing & Homelessness 2023-157 10/18/2023 Comm. Dev. & Housing 1 Senior Planner 146,441 Strategic Initiatives Planning Services 2023-157 10/18/2023 Comm. Dev. & Housing 1 Associate Planner 126,823 Strategic Initiatives Planning Services 2023-157 10/18/2023 Comm. Dev. & Housing 1 Planning Aide 99,826 Strategic Initiatives Planning Services 2023-157 10/18/2023 Comm. Dev. & Housing 1 Administrative Assistant 80,549 Strategic Initiatives Planning Services 2023-157 10/18/2023 Community Dev. & Housing 1 Community Development Ombudsperson 138,122 Strategic Initiatives One Stop 2023-157 10/18/2023 Community Dev. & Housing 1 Senior Customer Service Representative 95,987 Strategic Initiatives One Stop 2023-157 10/18/2023 Economic Development 1 Economic Development Director 280,376 Strategic Initiatives Economic Development 2023-157 10/18/2023 Economic Development 3 Economic Development Managers 558,654 Strategic Initiatives Economic Development 2023-157 10/18/2023 Economic Development 1 Administrative Assistant 80,549 Strategic Initiatives Economic Development 2023-157 10/18/2023 Parks & Recreation 1 Deputy Director of Parks & Recreation 204,001 Strategic Initiatives Park Services 2023-157 10/18/2023 Parks & Recreation/PD 3 Park Rangers - amount included below Strategic Initiatives Quality of Life - Park Rangers 2023-157 10/18/2023 Parks & Recreation/PD 1 Park Ranger Supervisor - TOTAL for Program 505,900 Strategic Initiatives Quality of Life - Park Rangers 2023-157 10/18/2023 Police 1 Sergeant - amount included below Strategic Initiatives Quality of Life - PD Team 2023-157 10/18/2023 Police 1 Detective - amount included below Strategic Initiatives Quality of Life - PD Team 2023-157 10/18/2023 Police 6 Officers - TOTAL for Program 1,575,486 Strategic Initiatives Quality of Life - PD Team 2023-157 10/18/2023 Public Works 1 Land Development Engineer 171,613 Strategic Initiatives Public Works Services 2023-157 10/18/2023 Public Works 3 Engineering Project Managers 514,839 Strategic Initiatives Public Works CIP 2023-157 12/6/2023 Animal Services 8 Animal Shelter Attendants 589,024 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 1 Animal Services Manager 135,851 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 2 Animal Services Supervisor 222,678 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 1 Veterinarian 223,016 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 2 Registered Vet Technicians 199,186 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 3 Veterinary Assistants 248,358 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 7 Senior Animal Service Representatives 554,253 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 2 Animal Services Representatives 147,256 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 5 Community Service Program Coordinators 475,035 Regional Partnerships N/A TBD 4/17/24 12/6/2023 City Manager 2 Deputy City Manager 596,850 N/A N/A 2023-179 2/21/2024 City Manager 1 Auditor I 109,811 N/A N/A 2024-032 2/21/2024 City Manager 1 Auditor II 122,539 N/A N/A 2024-032 2/21/2024 Economic Development 1 Deputy Director of Economic Development 193,900 N/A N/A 2024-032 2/21/2024 Human Resources 1 Supervising Human Resources Analyst 136,749 N/A N/A 2024-032 2/21/2024 Human Resources 1 Human Resources Analyst II 111,465 N/A N/A 2024-032 3/6/2024 Comm. Dev. & Housing 1 Homeless Solutions Manager 168,632 N/A N/A 2024-037 3/6/2024 Comm. Dev. & Housing 1 Homeless Services Assistant 69,954 N/A N/A 2024-037 3/20/2024 Comm. Dev. & Housing 1 Building Inspector I 92,520 Mid-Year Budget N/A 2024-054 3/20/2024 Library 1 Library Technician I 62,089 Mid-Year Budget N/A 2024-054 3/20/2024 Library 1 Management Analyst I 100,128 Mid-Year Budget N/A 2024-054 3/20/2024 Parks & Recreation 1 Community Recreation Program Supervisor 106,296 Mid-Year Budget N/A 2024-054 3/20/2024 Police 1 Accounting Technician I 68,245 Mid-Year Budget N/A 2024-054 3/20/2024 Police 1 Police Records Supervisor 94,307 Mid-Year Budget N/A 2024-054 3/20/2024 Police 3 Police Records Technician 58,770 Mid-Year Budget N/A 2024-054 88 10,924,201$ Positions Added in FY 2023/24 (not including proposed positions) Packet Page. 621 Budget Through Project 5th Street Senior Center Category Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Total Environmental Environmental Environmental Total Other Other Total Parks Parks Parks Parks Parks Parks Parks Parks Ward Status FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 Funding Source 1 1 Construction Design - 4,500,000 199,950 300,000 3,282,801 - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Measure S General Fund Measure S Measure S California Theatre Renovation Carousel Mall Demolition City Hall Rehabilitation Encanto Community Center Encanto Community Center Feldheylm Library Painting Feldheym Central Library Revitalization Hernendez Center Security Fencing Navigation Center 1,000,000 1 1 1 Construction Planning Design - - - - - - - - --Donation Fund, CDBG, CDBG-CV 3, Cultural Dev. Const. CDBG, Grants, Other Measure S State Grant Measure S 1 New 500,000 4,500,000 200,0001New-- - - - - - - 1 1 All 6 Construction Planning Construction New 6,409,370 250,000 12,116,400 - 400,000 - - - - - - - - ARPA Nicholson Park Community Center Ph. 2 One Stop Permitting Center Police Range 1,000,000 General Fund Public Use Facilities Fund Police Facilities Library Facilities 1 2 Planning New - 600,000 - Villasenor Branch Library Security Cameras 1 New --100,000 100,000 250,000 125,000 625,000$27,458,521 20,001 1,515,448 1,535,449 5,160,000 5,160,000 - $2,600,000 250,000 $$$4,700,000 $ Montgomery Ward Service Center Soil Vapor Extraction Street Sweeping Signage Program 1 All Planning Planning - - - - - - - - - - - - - - - - Special Revenue Funds Measure S-- $ $ $ $ 250,000 $ $ 250,000 $ $ $ $ $ $ Water Infrastructure Improvement - Lead Connectors All Construction - - - - - - ARPA Anne Shirrells Park Gazebo Blair Park: Fitness Court, Dodgers Dream Field (3 fields) Bobby Vega Park Improvement Delmann Heights Park Field and Track Ph. 1-3 Expansion of Walking Trail - Electric & 40th Guadalupe Ph. 2 - Concessions, Restrm, Press Box, Parking Lot Jerry Lewis Swim Center Improvements Lytle Creek Futsal Field Nicholson Park Improvements Norton Gym Facility Upgrade Parks Master Plan Pioneer Memorial Cemetery and Seccombe Lake Park Fencing Roosevelt Bowl Rehabilitation Route 66 Centennial Ruben Campos Community Center Parking Lot Demo Sal Saavedra Park, Guadalupe Field Seccombe Lake Park Improvements Speicher Park - East Side Skate Park Speicher Park Baseball Field - Phase 2 and Phase 3 Speicher Park Improvements (Ballfields, Parking Lot) Speicher Park Multipurpose Field Lighting Installation Speicher Park Soccer and Multi-Field Verdemont Community Center 6 5 1 Construction Planning Planning New 25,000 General Fund -- - - Federal Grant Programs, Dodgers Grant, Cultural Dev. Const. Federal Grant Programs250,000 - - 6 500,000 2,000,000 600,000 2,200,000 AB 1600 Parkland 7 New - - - - - - - - - - 350,000 1,650,000 500,000 2,500,000 -- - - - - - - - - - - - - - AB 1600 Parkland AB 1600 Parkland1New- - - - - - - - 1,000,000 1,500,0002 3 6 1 Planning Planning Construction Planning Planning Construction Planning New 500,652 593,707 9,600,268 30,000 102,600 212,860 2,590,325 - 625,000 803,087 8,652,767 772,780 - Measure S, UNFUNDED out years ARPA ARPA, CDBG, Liability Insurance Fund Cultural Development Construction Measure S - - - - - - - - - - - - - - - - - - - - Parks Parks Parks Parks All 1 Measure S Parks 2 -Measure S, ARPA, County Grant Cultural Development Fund, AB 1600 Parkland Measure S County Grant ARPA, Federal Grants Measure S, AB 1600 Parkland Parks Parks 1,6 1 500,000 2,000,000 Planning Design -- - - - Parks Parks Parks Parks Parks Parks Parks Parks 1 1,200,000 - - - 1 Design - 2 Design 500,000 2 New --1,000,000 7,000,000 AB 1600 Parkland 2 Design 1,751,468 1,083,393 - 1,300,000 - - - - - - - -- - ARPA, Federal Grant Programs, General Fund AB 1600 Parkland2Design- - - - - 500,000 1,500,000 - 2 New 1,000,000 UNFUNDED 5 New -500,000 - - UNFUNDED Measure SWildwood and Encanto, Ph. 1 Parks 1,4 Planning 989,663 28,558,570 365,000 499,968 864,968 - 75,240 6,129,092 2,500,000 3,784,787 399,828 1,644,494 135,001 14,668,442 3,746,096 459,577 120,000 - -- Parks Total Police Police $ $ $ $ 3,525,000 $ $ 2,850,000 $ $ 7,150,000 $ $ 6,100,000 $10,200,000 Police Building Management System Police Locker Room Renovation 1 1 Planning New -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Police Facilities Police Facilities50,000 50,000 250,000 Police Total Storm Drain Storm Drain Storm Drain Storm Drain Storm Drain Storm Drain Storm Drain Storm Drain Storm Drain Total Streets $ Drainage Channel Imp. at Cajon Blvd. & Shenandoah Way Meyer's Creek Focused Drain Study Mt. Vernon Storm Drain Sierra Way Storm Drain (Modfied design) Sierra Way Storm Drain (Original design) Storm Drain Catch Basin Screen Installation (TMDLS - Track 1) Storm Drain Upgrades 6 5 6 New Planning Design Storm Drain Construction Storm Drain Construction Storm Drain Construction Storm Drain Construction Storm Drain Construction Storm Drain Construction - - - - 7 7 Planning Design All All 1,2 Design Planning Planning ---- 500,000 500,000 500,000 500,000 500,000 Storm Drain Construction Waterman/Baseline Culvert --- 500,000 1,120,000 - --Storm Drain Construction $$750,000 2,000,000 $500,000 2,080,000 $$500,000 $500,000 40th St. Widening from Electric Ave. to Johnson St. 4th Street Alley Rehabilitation 9 Bus Stop Sidewalk Improvements ADA Access Improvements 4 1 Design - - - - - - Regional Circulation Federal Grant Programs TDA Article 3 Streets Construction Construction New - - - - - - Streets Streets All All - 500,000 500,000 500,000 RMRA/Gas Tax, General Fund CIP Current Budget Balance and Proposed 5-Year April 17, 2024 Packet Page. 622 Budget Through Project Category Streets Streets Streets Streets Streets Streets Streets Streets Streets Streets Streets Streets Total Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Traffic Total Ward Status FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 Funding Source ADA Transition Plan to meet Title II Reg. Cross Street Bridge H St. Widening from Kendall Dr. to 40th St. Mt. Vernon Bridge Pavement Management Program Pavement Rejuvenation, Various Pepper Ave. Rehabilitation Street Improvement on 35 Segments Street Rehabilitation - 21 Locations Street Rehabilitation - 3 Locations University Parkway Extension Phase 1- 16th St. to Baseline Rd. All 2 Planning Design 500,000 3,001,860 1,893,398 12,780,213 1,000,000 2,665,386 2,687,889 - 8,900,000 1,237,803 624,232 39,616,454 - 500,000 - - - - - - - - - - - - - - - - - - - - RMRA/Gas Tax Measure S/General Fund Measure I, Regional Circulation Regional Circulation; Measure S/General Fund Measure I Measure S; Measure I Measure I UNFUNDED- proposed RMRA Gas TAX, General Fund/Measure S Measure S CDBG Regional Circulation - 4 Design 2,000,000 1,040,000 1,080,000 3 Construction Planning Construction Construction New - - - - - - - - - - - - - - - - All All 3,6 All All 10,000,000 10,000,000 Construction - - - - - - - - - - - - 1,4,3 Construction 6 Construction $$4,500,000 $13,120,000 $12,700,000 170,500 $500,000 $500,000 28th Street Traffic Calming Genevieve Circuit Lighting Advanced Dilemma Zone Detection at 49 Signalized Intersections Intersection Upgrade, Rialto Ave. & Rancho Rd. Median on Kendall Curve (Kendall Dr. from E Street to H Street) Median on Rialto at Metrolink RR Crossing 7 7 New Construction 130,000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RMRA/Gas Tax, Local Regional Circulation Measure S Federal Grant Programs Measure I, Regional Circulation Grant funding, General Fund Regional Circulation Federal Grant Programs Local Regional Circulation Local Regional Circulation AB 1600 Parkland 1,351,552 1,592,189 - 912,606 - - - - - - - - 1,2,3,6,7 Construction 1,3 New 4,5,7 Design 600,000 1,000,000 70,000 - - - - - - - - - - - - - - - - 3 1 1,3 3 New Construction Design 265,000 Metrolink Accessibility Improvements Ph.2 440,821 42,426 17,426 545,210 1,553,207 7,426 1,601,250 1,143,750 756,250 355,500 2,396,250 47,500 686,250 1,863,750 37,500 1,256,776 2,286,923 44,420 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mt. Vernon and Rialto Traffic Signal Upgrade design Mt. Vernon and Walnut Ave. Traffic Signal Upgrade design Newmark Ballfield Stadium Lighting Design 4 Design Ralston Circuit Lighting 7 3 Construction Design Measure S Rancho Ave. and Rialto Ave. Traffic Signal Upgrade (design) SB Cty Joint Street Rehab: 3rd St & Other Roads SB Cty Joint Street Rehab: 40th St. and others (Arrowhead Farms) SB Cty Joint Street Rehab: 4th Avenue and Mountain Drive: SB Cty Joint Street Rehab: 5th Street and Pedley Rd: SB Cty Joint Street Rehab: Arden Ave & Other Roads SB Cty Joint Street Rehab: Blake St & Other Roads SB Cty Joint Street Rehab: Citrus St & Other Roads SB Cty Joint Street Rehab: Lynwood Dr & Other Roads SB Cty Joint Street Rehab: N. San Bernardino area curb ramps State Highway CA-210 at Waterman Avenue State HWY I-215 and University Parkway Interchange Imp. Traffic Management Center (TMC) -annual Local Regional Circulation Measure I, Gas Tax Fund, RMRA Measure I, Gas Tax Fund, RMRA, Measure S RMRA, Gas Tax 1,2 4 5 Design Construction Design 1 Construction RMRA, Gas Tax 1,2,4,7 Design Design 1,2,4,7 Design Measure I, Gas Tax Fund, RMRA Measure I, Gas Tax Fund, RMRA Measure I, Gas Tax Fund, RMRA Measure I, Gas Tax Fund, RMRA Measure I, Gas Tax Fund, RMRA Measure I 6 4,7 2,7 7 5,6 All All All All 1 Design Design Design Design Annual New Annual New New - - ---Measure I 40,000 100,000 50,000 40,000 100,000 50,000 40,000 100,000 50,000 40,000 100,000 50,000 40,000 Local Regional Circulation 100,000 Local Regional Circulation 50,000 Local Regional Circulation Traffic Safety Controls - Hardware Improvements Traffic Signal Battery Backup Systems -annual Uncontrolled Crosswalk Evaluation 9,674 - - - - 76,000 55,000 76,000 - - - - - - - - - Local Regional Circ. / Applying for Grants Seeking funding General, Measure S, Measure I, Local Reg.Circ., Gas Tax, RMRA General, Measure S, Measure I, Local Reg.Circ., Gas Tax, RMRA Upgrade Downtown Guide Signs - - - Upgrade 21st Street and Waterman Ave. intersection Upgrade Rialto and Mt. Vernon intersection Upgrade Walnut Ave. & Mt. Vernon Ave. intersection Upgrade signal hardware on 224 arterial intersections Waterman Ave. and 21st St. 1 New - - 601,000 1,3 3 New New 601,000 - -----601,000 General, Measure S, Measure I, Local Reg.Circ., Gas Tax, RMRA All 2 Construction Design 418,784 60,000 19,427,440 - - - - - - - - - - Federal Grant Programs Local Regional Circulation $$1,561,500 $661,000 $1,391,000 $791,000 $791,000 Grand Total $137,289,844 $13,236,500 $17,481,000 $22,366,000 $12,591,000 $11,991,000 CIP Current Budget Balance and Proposed 5-Year April 17, 2024 Packet Page. 623 Page 1 DISCUSSION City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Barbara Whitehorn, Director of Finance and Management Services Department:Finance Subject:Review and Consider Positions Recommended by Members of the Council During the Mid-Year Budget Review, and Additional Positions Recommended by the City Manager Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-066 of the Mayor and City Council of San Bernardino, review, and consider the additional positions proposed at the Mid-Year Budget review and 1. Add the eight (8) positions as proposed by the Mayor and City Council and outlined in this staff report; and 2. Add the additional twelve (12) positions proposed by the City Manager as outlined in this staff report. Executive Summary During the FY 2023/24 Mid-Year Budget Review, the Mayor and City Council recommended additional positions be costed and brought back for consideration. This report includes those positions and additional positions recommended by the City Manager to meet operational needs. Background The City of San Bernardino has been adding significantly to staff over the last several years in order to address issues of compliance, customer service, and to improve the level of service provided to the community. During Fiscal Year 2023/24, staffing levels have increased by 88 full-time positions, a 10.6% increase from the adopted budget staffing level of 825 full-time equivalents to the current level of 913. This does not Packet Page. 624 Page 2 include all grant-funded, part-time, temporary, or seasonal positions. This increase includes critical increases in Animal Services, which will allow that department to take on serving surrounding communities including Rialto, Fontana, and Colton, doubling the number of animals that the staff and shelter handles currently. This accounts for 31 of the 88 positions. Three positions were added with the adoption of the FY 2023/24 Budget, and another 37 were added as part of the Strategic Initiatives adopted on October 18, 2023, three of which were part of the 31 Animal Services positions. The remainder were added through various request that were brought to Council on August 16, 2023 (Strategic Initiatives), December 6, 2023, February 21, 2024, March 6, 2024, and during the Mid-Year discussion on March 21, 2024. A comprehensive list of the positions added is attached. If the additional eight positions recommended by the Mayor and Council, as well as the twelve recommended by the City Manager are added, a total of 108 positions will have been added in FY 2023/24 for a total of 933 full-time equivalent positions city-wide. Discussion The Mayor and City Council recommended the following additional positions and reclassification to improve efficiency, service, and response times: •Two (2) Program Coordinators in the Parks, Recreation and Community Services Department, •Three (3) Community Service Officers in the Police Department, •One (1) Administrative Analyst in the City Council Office, •One (1) Manager in the City Council Office, and •One (1) additional Records Management Specialist in the City Clerk’s Office. The City Manager recommends the following positions: •One (1) Administrative Assistant to be split 50/50 between the City Manager’s Office and the Mayor’s Office to aid in the ability of the City Manager’s and Mayor’s Office to handle administrative tasks effectively, and •Eleven (11) positions in the Police Department, as detailed below: •Three (3) additional Community Service Officers for a total of six (6), •Five (5) Police Records Technicians, and •Three (3) Police Dispatchers. These eleven positions will enable the Police Department to better serve the community, address State mandated records requirements, and ensure that there is adequate dispatch coverage to answer calls for service. Following is a breakdown of the costs of the positions over the current fiscal year and FY 2024/25. Packet Page. 625 Page 3 Note that the Administrative Analyst I to be added to the City Council Office is a new classification. A separate item from the Human Resources Department is before the Mayor and City Council for approval to establish this classification and the associated pay range. 2021-2025 Strategic Targets and Goals The addition of these positions and the reclassification of the City Council Office Supervisor supports goals number 1.a. establish a clear policy direction and predictable organization structures; 2.b. evaluate operations and performance, investments in resources, technology, and tools to continually improve organizational efficiency and effectiveness; and 3.c. evaluate and enhance the quality of public safety services. Fiscal Impact Department Number Position Title FY 2023/24 FY 2024/25 Parks & Recreation 2 Program Coordinators 15,835$ 190,014$ Police 3 Community Service Officers 22,758 273,099 City Council Office 1 Administrative Analyst I 10,404 124,844 City Council Office 1 Exec. Staff Asst. to City Council (Manager)13,989 167,862 City Clerk 1 Records Management Specialist 8,458 101,497 T otal Salary and Benefits 71,443 857,316 IT and Other Costs 32,000 40,000 Subtotal 103,443 897,316 City Manager/Mayor 1 Administrative Assistant 6,008 72,100 T otal Salary and Benefits 6,008 72,100 IT and Other Costs 4,000 5,000 Subtotal 10,008 77,100 Police 3 Community Service Officers 44,589 273,099 Police 5 Records Technicians 24,486 293,826 Police 3 Dispatchers 19,426 233,111 T otal Salary and Benefits 88,500 800,036 IT and Other Costs 44,000 55,000 Subtotal 132,500 855,036 TOT AL 245,951$ 1,829,451$ FINANCIAL DATA Current Fiscal Year: Next Fiscal Year:Total Cost:Ongoing Cost: COST $ 245,951 $ 1,829,451 $ 2,048,986 $ 2,034,790 GENERAL FUND SHARE $ 245,951 $ 1,829,451 $ 2,048,986 $ 2,034,790 SOURCE OF FUNDS: General Fund. No Budget adjustment is necessary in FY 2023/24. Hiring will take place in the last 4-6 weeks of Budget Adjustment: No Packet Page. 626 Page 4 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-066 of the Mayor and City Council of San Bernardino, review, and consider the additional positions proposed at the Mid-Year Budget review and 1. Add the seven (8) positions as proposed by the Council and outlined in this staff report; and 2. Add the additional twelve (12) positions proposed by the City Manager as outlined in this staff report. Attachments Attachment 1 – Resolution 2024-066 Authorizing Additional Positions Attachment 2 – List of Positions added in Fiscal Year 2023/24 Ward: All Wards Synopsis of Previous Council Actions: March 20, 2024 Mayor and City Council received and filed the Fiscal Year 2023/24 Mid-Year Budget Report; and adopted Resolution No. 2024-054 Authorizing the Director of Finance and Management Services to amend the Fiscal Year 2023/24 Operating Budget by $9,362,446 as outlined in the Fiscal Year 2023/24 Mid-Year Budget Report. March 6, 2024 Mayor and City Council adopted Resolution 2024-037 Establishing the Homeless Solutions Manager and Homeless Services Assistant classifications; and amending the City- wide Salary Schedule for full-time, part-time, temporary, and seasonal positions. February 21, 2024 Mayor and City Council adopted Resolution No. 2024-032 Establishing the Auditor I, Auditor II, Deputy Director of Economic Development (U), and Economic Development Manager job classifications; authorizing the City Manager or their designee to add three (3) FTE for Fiscal Year 2023/24; the fiscal year, and salary savings will cover the costs. For Fiscal Year: 23/24 Packet Page. 627 Page 5 and amending the City-wide Salary Schedule for full-time, part-time, temporary, and seasonal positions. December 6, 2023 Mayor and City Council adopted Resolution No. 2023-179 adding two (2) Deputy City Manager (U) positions to the City Manager’s Office; Authorizing the City Manager to execute a side letter agreement with the Executive Employees to include the Deputy City Manager (U) classification; and amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. October 18, 2023 Mayor and City Council adopted Resolution No. 2023-157: Establishing the Park Ranger Supervisor, Park Ranger, Ombudsperson, Legislative & Governmental Affairs Manager (U), Deputy Director of Animal Services (U), and Veterinary Assistant classifications; amending the salary for the Deputy Director of Parks, Recreations and Community Services (U), and for the Police Personnel & Training Technician; Retitling the Agency Directors classifications; and amending the City- wide salary schedule for full-time, part-time, temporary, and seasonal positions. August 16, 2023 Mayor and City Council adopted Resolution No. 2023-129 Establishing the Capital Improvement Project Manager job classification; authorizing the City Manager or his designee to add one (1) FTE for Fiscal Year 23/24; and amending the City- wide salary schedule for full-time, part-time, temporary, and seasonal positions. June 21, 2023 Mayor and City Council adopted Resolution No. 2023-080 approving the City of San Bernardino’s Fiscal Year 2023/24 Operating Budget and Capital Improvement Plan; adopted annual budgets for Fiscal Year 2023/24; Established the City’s Appropriations Limit as required by Article XII of the California State Constitution; and adopted Resolution No. 2023-081 approving an amendment to the to the City-wide Salary Schedule for full-time, part-time, temporary, and seasonal positions. Packet Page. 628 Resolution No. 2024-066 Resolution 2024-066 April 17, 2024 Page 1 of 3 4 4 2 7 RESOLUTION NO. 2024-066 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ADD EIGHT (8) FULL-TIME EQUIVALENT POSITIONS AS RECOMMENDED BY THE MAYOR AND CITY COUNCIL, AND TWELVE (12) FULL-TIME EQUIVALENT POSITIONS AS RECOMMENDED BY THE CITY MANAGER TO THE GENERAL FUND. WHEREAS, the City has goals of providing outstanding service delivery and a high quality of life for the community; and WHEREAS, these goals require a continued focus on improving external and internal customer services; and WHEREAS, to meet State mandated record requirements and critical dispatch needs of the Police departments, and WHEREAS, to continue to improve, departments require additional staffing. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager or his designee to take all appropriate and necessary actions to: (1) add the eight (8) full-time equivalent positions as recommended by the Mayor and City Council, and detailed in the accompanying staff report, to the General Fund portion of the City’s 2023/24 Budget; and (2) add the twelve (12) full-time equivalent positions as recommended by the City Manager, and detailed in the accompanying staff report, to the General Fund portion of the City’s 2023/24 Budget. 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. Packet Page. 629 Resolution No. 2024-066 Resolution 2024-066 April 17, 2024 Page 2 of 3 4 4 2 7 SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 630 Resolution No. 2024-066 Resolution 2024-066 April 17, 2024 Page 3 of 3 4 4 2 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-066, adopted at a regular meeting held on the 17th day of April 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. Genoveva Rocha, CMC, City Clerk Packet Page. 631 Date Department Position Title Annual Cost Initiative Program Resolution 6/21/2023 Finance & Mgmt. Services 1 Payroll Technician 77,849 FY 23/24 Adopted Budget N/A 2023-080 6/21/2023 Human Resources 1 Human Resources Technician 73,337 FY 23/24 Adopted Budget N/A 2023-080 6/21/2023 Information Technology 1 Network Systems Administrator 153,417 FY 23/24 Adopted Budget N/A 2023-080 8/16/2023 Public Works 1 Capital Project Manager 173,796 N/A N/A 2023-129 10/18/2023 Animal Services 1 Deputy Director of Animal Services 204,001 Strategic Initiatives Animal Services 2023-157 10/18/2023 Animal Services 1 Registered Vet Technician 81,259 Strategic Initiatives Animal Services 2023-157 10/18/2023 Animal Services 1 Veterinary Assistant 66,554 Strategic Initiatives Animal Services 2023-157 10/18/2023 City Manager 1 Legislative and Governmental Affairs Manager 173,873 Strategic Initiatives Advocacy 2023-157 10/18/2023 Comm. Dev. & Housing 1 Housing Division Manager 187,022 Strategic Initiatives Housing & Homelessness 2023-157 10/18/2023 Comm. Dev. & Housing 1 Principal Accountant 147,067 Strategic Initiatives Housing & Homelessness 2023-157 10/18/2023 Comm. Dev. & Housing 1 Management Analyst II 119,948 Strategic Initiatives Housing & Homelessness 2023-157 10/18/2023 Comm. Dev. & Housing 1 Senior Planner 146,441 Strategic Initiatives Planning Services 2023-157 10/18/2023 Comm. Dev. & Housing 1 Associate Planner 126,823 Strategic Initiatives Planning Services 2023-157 10/18/2023 Comm. Dev. & Housing 1 Planning Aide 99,826 Strategic Initiatives Planning Services 2023-157 10/18/2023 Comm. Dev. & Housing 1 Administrative Assistant 80,549 Strategic Initiatives Planning Services 2023-157 10/18/2023 Community Dev. & Housing 1 Community Development Ombudsperson 138,122 Strategic Initiatives One Stop 2023-157 10/18/2023 Community Dev. & Housing 1 Senior Customer Service Representative 95,987 Strategic Initiatives One Stop 2023-157 10/18/2023 Economic Development 1 Economic Development Director 280,376 Strategic Initiatives Economic Development 2023-157 10/18/2023 Economic Development 3 Economic Development Managers 558,654 Strategic Initiatives Economic Development 2023-157 10/18/2023 Economic Development 1 Administrative Assistant 80,549 Strategic Initiatives Economic Development 2023-157 10/18/2023 Parks & Recreation 1 Deputy Director of Parks & Recreation 204,001 Strategic Initiatives Park Services 2023-157 10/18/2023 Parks & Recreation/PD 3 Park Rangers - amount included below Strategic Initiatives Quality of Life - Park Rangers 2023-157 10/18/2023 Parks & Recreation/PD 1 Park Ranger Supervisor - TOTAL for Program 505,900 Strategic Initiatives Quality of Life - Park Rangers 2023-157 10/18/2023 Police 1 Sergeant - amount included below Strategic Initiatives Quality of Life - PD Team 2023-157 10/18/2023 Police 1 Detective - amount included below Strategic Initiatives Quality of Life - PD Team 2023-157 10/18/2023 Police 6 Officers - TOTAL for Program 1,575,486 Strategic Initiatives Quality of Life - PD Team 2023-157 10/18/2023 Public Works 1 Land Development Engineer 171,613 Strategic Initiatives Public Works Services 2023-157 10/18/2023 Public Works 3 Engineering Project Managers 514,839 Strategic Initiatives Public Works CIP 2023-157 12/6/2023 Animal Services 8 Animal Shelter Attendants 589,024 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 1 Animal Services Manager 135,851 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 2 Animal Services Supervisor 222,678 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 1 Veterinarian 223,016 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 2 Registered Vet Technicians 199,186 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 3 Veterinary Assistants 248,358 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 7 Senior Animal Service Representatives 554,253 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 2 Animal Services Representatives 147,256 Regional Partnerships N/A TBD 4/17/24 12/6/2023 Animal Services 5 Community Service Program Coordinators 475,035 Regional Partnerships N/A TBD 4/17/24 12/6/2023 City Manager 2 Deputy City Manager 596,850 N/A N/A 2023-179 2/21/2024 City Manager 1 Auditor I 109,811 N/A N/A 2024-032 2/21/2024 City Manager 1 Auditor II 122,539 N/A N/A 2024-032 2/21/2024 Economic Development 1 Deputy Director of Economic Development 193,900 N/A N/A 2024-032 2/21/2024 Human Resources 1 Supervising Human Resources Analyst 136,749 N/A N/A 2024-032 2/21/2024 Human Resources 1 Human Resources Analyst II 111,465 N/A N/A 2024-032 3/6/2024 Comm. Dev. & Housing 1 Homeless Solutions Manager 168,632 N/A N/A 2024-037 3/6/2024 Comm. Dev. & Housing 1 Homeless Services Assistant 69,954 N/A N/A 2024-037 3/20/2024 Comm. Dev. & Housing 1 Building Inspector I 92,520 Mid-Year Budget N/A 2024-054 3/20/2024 Library 1 Library Technician I 62,089 Mid-Year Budget N/A 2024-054 3/20/2024 Library 1 Management Analyst I 100,128 Mid-Year Budget N/A 2024-054 3/20/2024 Parks & Recreation 1 Community Recreation Program Supervisor 106,296 Mid-Year Budget N/A 2024-054 3/20/2024 Police 1 Accounting Technician I 68,245 Mid-Year Budget N/A 2024-054 3/20/2024 Police 1 Police Records Supervisor 94,307 Mid-Year Budget N/A 2024-054 3/20/2024 Police 3 Police Records Technician 58,770 Mid-Year Budget N/A 2024-054 88 10,924,201$ Positions Added in FY 2023/24 (not including proposed positions) Packet Page. 632 2 0 1 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Kris Watson, Director of Animal Services Department:Animal Services Subject:Authorize and Appropriate Funding for Animal Services for the Preparation of the Regional Partnership Agreements Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-067; 1. Authorizing the Director of Finance & Management Services to approve the allocation of $4,000,000. from the General Fund and to appropriate the funds to make the necessary upgrades to the Animal Services facility; and 2. Authorizing the Director of Finance & Management Services to amend the Fiscal Year 2023-2027 Capital Improvement Project Program to add the Animal Services Regional Partnership Facility Improvement Project. Executive Summary It was established that the City of San Bernardino would enter into a Regional Partnership for Animal Services with the cities of Colton, Fontana, Grand Terrace, Loma Linda, and Rialto. In order to accommodate the additional animals this Regional Partnership Agreement will bring, it is necessary to upgrade the Animal Services facility and make temporary site improvements that will house the influx of animals in the interim, while long range plans are being made for a replacement shelter. The total cost to construct the facility and site improvements is estimated to be $4,000,000. The total immediate impact on the general fund will be $4,000,000. Due to the terms of the Regional Partnership Agreement, the City of San Bernardino will be reimbursed by the five partner cities in the Agreement after July 1, 2024. After reimbursement, the impact to the General Fund will be $2,306,915. with this action. Packet Page. 633 2 0 1 2 Background Earlier this year, the Department of Animal Services received notification that Riverside County Animal Services would be discontinuing shelter services for the cities of Colton, Fontana and Rialto on June 30, 2024. Subsequently, these three cities in our region are in need of a shelter to contract for services beginning with July 1, 2024. The cities of Colton and Fontana previously contracted with the City of San Bernardino for shelter services; those contracts ended in 2014 (Colton) and 2015 (Fontana) when those cities began contracting with the County of Riverside. The City of Rialto previously contracted with the County of San Bernardino until 2018 when they transferred to Riverside County for shelter services. The cities of Grand Terrace and Loma Linda currently contract with the Department to provide shelter services. Animal Services realized that this is a significant investment in the welfare of animals in our City and in our region. In an effort to lessen the impact on the General Fund of our City, as well as any partner cities, the Mayor and City Council adopted Resolution No. 2023-188 on December 6, 2023, that established a Nonprofit Public Benefit Corporation to actively raise funds for programs and services to benefit all the animals in the shelter, as well as programs which support pet owners in our community. The Nonprofit is named “Friends of San Bernardino Animal Services Foundation”. The item brought forward on behalf of the Animal Services department on December 6, 2023, also identified in the fiscal impact section that the General Fund share for the current fiscal year was $2,300,000. The estimate given that the total facility shelter improvements were stated to be approximately $4,000,000 and the supply costs, as well as additional personnel costs, were to be $1,500,000. The anticipated reimbursements and expenses from the partnering cities are accounted for in the proposed biennial budget. Discussion Animal Services has worked with the Public Works Department team to assess the current shelter site and prepare the facility to accommodate the influx of animals on July 1, 2024. Currently, Staff estimates the cost for the necessary improvements and additional structures to be roughly $4,000,000. In an effort to keep costs low and maximize flexibility, the building facility upgrades will be in the form of modular trailers for the staff office, metal building kits, and kennel housing units that will house the animals. All of these newly acquired structures will be able to be moved and utilized at the new site location when the replacement shelter is constructed. The site improvements will consist of design and architecture fees, grading the site to control the flow of water, foundational concrete pads for the kennel housing units, above and below ground site utilities that include electrical and natural gas, sewer hookups, and all compliance with all ADA requirements. The new kennel units and modular trailers will also require all utility hookups to make them fully functional. Packet Page. 634 2 0 1 2 The costs for the site improvements and new structures will have an initial cost on the general fund of $4,000,000; however, after reimbursement payments from partner cities, the actual cost is estimated to be $2,306,915, not including the additional personnel and supplies. 2021-2025 Strategic Targets and Goals The approval of this appropriation aligns with Key Strategic Target and Goal #3: Improved Quality of Life, by partnering with other entities in the Region, ensuring consistent, stable animal services for our residents and those of neighboring cities. Partnering with the other cities in our region also aligns with Key Strategic Goal # 4 – Economic Growth and Development by improving the City’s Animal Services facility. Fiscal Impact The immediate fiscal impact to the General Fund is $4,000,000. Once the Regional Partnership Agreement goes into effect on July 1, 2024, the impact to the General Fund will be $2,306,915 based on the reimbursement payment terms agreed to between each of the partnered Cities and the City of San Bernardino. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-067; 1. Authorizing the Director of Finance & Management Services to approve the allocation of $4,000,000. from the General Fund and to appropriate the funds to make the necessary upgrades to the Animal Services facility; and 2. Authorizing the Director of Finance & Management Services to amend the Fiscal Year 2023-2027 Capital Improvement Project Program to add the Animal Services Regional Partnership Facility Improvement Project. Attachments Attachment 1 – Resolution No. 2024-067 Attachment 2 – Exhibit A – Construction Costs of Shelter Improvements Attachment 3 – Exhibit B – Payment Schedules for Partnering Cities Ward: Third Ward Synopsis of Previous Council Actions: December 6, 2023 Resolution No. 2023-188 of the Mayor and City Council of San Bernardino, California, Authorizing the City Manager to take the steps necessary to establish a California Nonprofit Public Benefit Corporation to support the Department of Animal Services Programs and Initiatives. Packet Page. 635 Resolution No. 2024-067 Resolution 2024-067 April 17, 2024 Page 1 of 3 4 4 6 4 RESOLUTION NO. 2024-067 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF FINANCE & MANAGEMENT SERVICES TO APPROVE THE ALLOCATION OF $4,000,000. FROM THE GENERAL FUND, AND TO APPROPRIATE THE FUNDS TO MAKE THE NECESSARY UPGRADES TO THE ANIMAL SERVICES FACILITY; AND AUTHORIZING THE DIRECTOR OF FINANCE & MANAGEMENT SERVICES TO AMEND THE FISCAL YEAR 2023-2027 CAPITAL IMPROVEMENT PROJECT PROGRAM TO ADD THE ANIMAL SERVICES REGIONAL PARTNERSHIP FACILITY IMPROVEMENT PROJECT. WHEREAS, on December 6, 2023, the Mayor and City Council authorized staff to enter into a Regional Partnership Agreement for Animal Services with five surrounding Cities; and WHEREAS, the City of San Bernardino will enter into Regional Partnership Agreements for Animal Services with the Cities of Colton, Fontana, Grand Terrace, Loma Linda, and Rialto on July 1, 2024; and WHEREAS, the City of San Bernardino will need to make facility improvements to the Animal Services Facility located at 333 Chandler Place, San Bernardino California, 92401 to prepare for the influx of animals that this Regional Partnership Agreement will bring into the facility. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the Director of Finance & Management Services to allocate $4,000,000. from the General Fund to make the necessary upgrades to the Animal Services facility; and SECTION 3. The Mayor and City Council hereby authorize the Director of Finance & Management Services to amend the Fiscal Year 2023-2027 Capital Improvement Project Program to add the Animal Services Regional Partnership Facility Improvement Project. SECTION 5.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 Packet Page. 636 Resolution No. 2024-067 Resolution 2024-067 April 17, 2024 Page 2 of 3 4 4 6 4 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 637 Resolution No. 2024-067 Resolution 2024-067 April 17, 2024 Page 3 of 3 4 4 6 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-067, adopted at a regular meeting held on the 17th day of April 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. Genoveva Rocha, CMC, City Clerk Packet Page. 638 EXHIBIT A CONSTRUCTION COSTS OF SHELTER IMPROVEMENTS Animal Shelter Estimated Cost/Project Percentage of Each Item Item Square Feet Linear Feet Cubic Yard Each Cost Project Percentage Kennels (270)8,017 $2,186,080.00 60% Electrical Wiring (120V) 3,000 $31,200.00 1% Electrical Wiring (240V) 3000 $33,000.00 1% Copper Water Pipes 1,430 $11,154.00 0% Concrete Foundation 4,350 $33,495.00 1% Grading 4,785 $31,102.50 1% Sewer Line 911 $284,687.50 8% Sewer Line Back Fill 911 $14,271 0% 24' x 60' Modular Building $172,703.66 5% Curb and Gutter 534 $52,065.00 1% Tree Removal (5) 5 $22,750.00 1% Excavation 1,812 $108,720.00 3% ADA Ramps 4 41600 1% Lights 35 $11,375 0% Design (Architect and Engineering Fees) $151,710.17 4% Contingency (Unforseen Underground Utilities) $455,130.52 13% Total $3,641,044 100% *Additional Costs for the City of San Bernardino $358,956 100% Grand Total $4,000,000 Contribution Amount by Partner *San Bernardino (53.5% of Costs)$2,306,915 Fontana (24% of Costs)$873,851 Rialto (14% of Costs)$509,746 Colton (7% of Costs)$254,873 Grand Terrace (1% of Costs)$36,410 Loma Linda (.5% of Costs)$18,205 Grand Total $4,000,000 Packet Page. 639 EXHIBIT B PAYMENT SCHEDULE CITY OF RIALTO Payment for construction costs related to shelter improvements can be made by the Shelter Partner, City of Rialto in one lump sum amount of $509,746.00 due at the start of the Contract on July 1, 2024, or in 12 quarterly payments of $42,479.00 each according to the following schedule: Date Payment Amount 7/1/2024 $42,479 10/1/2024 $42,479 1/1/2025 $42,479 4/1/2025 $42,479 7/1/2025 $42,479 10/1/2025 $42,479 1/1/2026 $42,479 4/1/2026 $42,479 7/1/2026 $42,479 10/1/2026 $42,479 1/1/2027 $42,479 4/1/2027 $42,477 Total $509,746 Packet Page. 640 EXHIBIT B PAYMENT SCHEDULE CITY OF GRAND TERRCE Payment for construction costs related to shelter improvements can be made by the Shelter Partner, City of Grand Terrace in one lump sum amount of $36,410.00 due at the start of the Contract on July 1, 2024, or in 8 quarterly payments of $4,552.00 each according to the following schedule: Date Payment Amount 7/1/2024 $4,552 10/1/2024 $4,552 1/1/2025 $4,552 4/1/2025 $4,552 7/1/2025 $4,552 10/1/2025 $4,552 1/1/2026 $4,552 4/1/2026 $4,546 Total $36,410 Packet Page. 641 EXHIBIT B PAYMENT SCHEDULE CITY OF COLTON Payment for construction costs related to shelter improvements can be made by the Shelter Partner, City of Colton in one lump sum amount of $254,873.00 due at the start of the Contract on July 1, 2024, or in 12 quarterly payments of $21,240.00 each according to the following schedule: Date Payment Amount 7/1/2024 $21,240 10/1/2024 $21,240 1/1/2025 $21,240 4/1/2025 $21,240 7/1/2025 $21,240 10/1/2025 $21,240 1/1/2026 $21,240 4/1/2026 $21,240 7/1/2026 $21,240 10/1/2026 $21,240 1/1/2027 $21,240 4/1/2027 $21,233 Total $254,873 Packet Page. 642 EXHIBIT B PAYMENT SCHEDULE CITY OF LOMA LINDA Payment for construction costs related to shelter improvements can be made by the Shelter Partner, City of Loma Linda in one lump sum amount of $18,205.00 due at the start of the Contract on July 1, 2024, or in 8 quarterly payments of $2,276.00 each according to the following schedule: Date Payment Amount 7/1/2024 $2,276 10/1/2024 $2,276 1/1/2025 $2,276 4/1/2025 $2,276 7/1/2025 $2,276 10/1/2025 $2,276 1/1/2026 $2,276 4/1/2026 $2,273 Total $18,205 Packet Page. 643 EXHIBIT B PAYMENT SCHEDULE CITY OF FONTANA Payment for construction costs related to shelter improvements can be made by the Shelter Partner, City of Fontana in one lump sum amount of $873,851.00 due at the start of the Contract on July 1, 2024, or in 12 quarterly payments of $72,821.00 each according to the following schedule: Date Payment Amount 7/1/2024 $72,821 10/1/2024 $72,821 1/1/2025 $72,821 4/1/2025 $72,821 7/1/2025 $72,821 10/1/2025 $72,821 1/1/2026 $72,821 4/1/2026 $72,821 7/1/2026 $72,821 10/1/2026 $72,821 1/1/2027 $72,821 4/1/2027 $72,820 Total $873,851 Packet Page. 644 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Kris Watson, Director of Animal Services Department:Animal Services Subject:Response to Grand Jury Report Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the response to the County of San Bernardino Civil Grand Jury Report, titled “Who Let the Dogs Out? A Tail in Two Cities”, released in December 2023. Executive Summary The San Bernardino County Civil Grand Jury conducted an investigation into increased dog bites in the County. The final Grand Jury report compares the number of dog bites in the City of Rancho Cucamonga to the City of San Bernardino. Their investigation concluded the City of San Bernardino has a higher rate of bites as compared to Rancho Cucamonga and the report includes recommendations to reduce dog bites in the City. The City is required to respond to the Grand Jury’s findings and recommendations. There is no fiscal impact associated with this item. Background In 2023, the San Bernardino County Civil Grand Jury initiated an investigation into dog bites in the County after an elderly woman was mauled to death by two dogs in the Baldy Mesa area of the County in October 2022. Their investigation centered on a comparison of dog bites and animal control in two different cities in the County: Rancho Cucamonga and San Bernardino. The Grand Jury interviewed staff from Rancho Cucamonga and San Bernardino, requested reports, and observed Animal Control Officers in the field performing their duties. Through their investigation, they determined the City of San Bernardino has a higher rate of dog bites as compared to the City of Rancho Cucamonga. The report from the Grand Jury includes a total of seven (7) findings and twelve (12) Packet Page. 645 recommendations for the City. Discussion Staff received the Grand Jury report in January 2023 and began to prepare the City’s response to the findings and recommendations. Overall, the report is balanced and found Department staff to be well-trained and informative in their subject area. The findings and recommendations center on staffing, community outreach, and written procedures. Below is the list of findings and recommendations from the Grand Jury as well as a summary of the City’s responses. •F-1 The Animal Services Department is underfunded and understaffed. o R-1a Increase funding for Animal Services. o R-1b The Grand Jury recommends increased funding is necessary to allow Animal Services to hire additional ACOs. The respondent disagrees partially with the finding. The Department has not been fully staffed for years. We have two vacant positions that are in the process of recruitment. Once all Animal Control Officer positions are filled, the Department will evaluate the need for additional staffing. •F-2 San Bernardino Animal Services needs a veterinarian on site to take care of pets’ medical needs. o R-2a Hire an on-site veterinarian which would save time and money. o R-2b The Grand Jury recommends a Partnership with San Bernardino City Unified School District to create an Animal Services Pathway program for high school students to learn about animal care, becoming groomers, veterinary technicians and veterinarians. o R-2c Create an outreach program for prospective veterinary hires. The respondent agrees with the finding and the City is actively recruiting for this position. The Department is working on the additional recommendations proposed by the Grand Jury. •F-3 San Bernardino Animal Services does not currently have a checklist that all ACOs may use to inspect the yard of an offending owner of a stray or biting dog. This is needed for consistency of documenting the encounter and putting the owner on notice to remediate the problem area. o R-3 The Grand Jury recommends that the Animal Services Department develop a uniform written checklist for ACOs to check and ensure that the yard is secure. A copy of the checklist is to be given to the owner. The respondent agrees with the finding and the Department will work on creating the recommended checklist. Packet Page. 646 •F-4 The SBCAS Policy and Procedure Manual is not complete, nor updated every year, thus the procedures for ACOs are not completely clear and laid out in written form. o R-4a The Grand Jury recommends that the SBCAS complete writing the Policy and Procedure Manual and eliminate the names of employees and use the staff positions instead. Review the Manual annually and present current changes in laws to staff monthly. o R-4b Hold monthly or bimonthly staff meetings at the Shelter with management and ACOs to bring everyone up to date on the latest laws and/or developments in the field of Animal Care. The respondent agrees with the finding and is currently working to update the Policy and Procedure Manual. The Department currently holds monthly all-staff meetings and bimonthly unit meetings. •F-5 Currently, ACOs do not have assigned areas (beats) of responsibility within the City of San Bernardino. If SBCAS assigned different beats to each ACO, it would save time and fuel, provide a quicker response, and increase time for educating the pet owners and public who reside in the ACO’s area. o R-5a The Grand Jury recommends that SBCAS divide the city into separate beats of the city and require ACOs to cover just that portion of the city each day. o R-5b The Grand Jury recommends the City of San Bernardino provide animal care training to the public twice annually. Each ACO is to provide training for pet owners in his/her beat via online or in-person. The respondent agrees with the finding and is waiting on additional data to create the areas assigned to the Unit once all Animal Control Officers are hired and fully trained. The Department will provide regular training opportunities for the community through the existing neighborhood associations. •F-6 The public perception of Animal Control Officers is that they are a threat to their pet. o R-6 The Grand Jury recommends that the SBAS reach out and educate the public about Animal Services via in-person and other forms of media. The respondent agrees with the finding and is working to increase community outreach to residents regarding the services and programs the Department offers to assist pet owners. •F-7 One of the biggest reasons for the continued spike in dog attacks/bites in the City of San Bernardino is due to the number of non-spayed/neutered animals in the city. o R-7 The Grand Jury recommends the SBAS reach out and educate the public in the City of San Bernardino about the benefits of spaying/neutering dogs. Education to be delivered in-person and other forms of media. The respondent disagrees partially with the finding. A recent report revealed that dog bites were increasing throughout the State. Additionally, the lower median household income combined with increased poverty rates for residents in the City of San Bernardino illustrate Packet Page. 647 the challenge the community experiences with gaining access to spay/neuter services for their pets. The Department believes that supportive services, including access to low cost or free spay/neuter is vital to lowering the number of loose dogs in the City and subsequently, reducing dog bites. Prior to the release of the Grand Jury report, the City was already in the process of implementing many of the recommendations, so the responses agree with many of the findings and have timelines associated with implementation of the recommendations. 2021-2025 Strategic Targets and Goals The City’s response to the Grand Jury Investigation aligns with Strategic Goal Number 3: Improved Quality of Life by evaluating public safety and improving the level of service the Department of Animal Services provides to the community. Fiscal Impact There is no fiscal impact associated with this action. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the response to the County of San Bernardino Civil Grand Jury Report, titled “Who Let the Dogs Out? A Tail in Two Cities”, released in December 2023. Attachments Attachment 1 – San Bernardino Response to Civil Grand Jury Findings Regarding Animal Control Attachment 2 – SB Animals – 2023-Grand Jury-Final Report Confidential Attachment 3 – 2023 Final Report Acknowledgement Form Ward: All Wards Synopsis of Previous Council Actions: N/A Packet Page. 648 55600.00100\41922321.1 CITY OF SAN BERNARDINO RESPONSES TO GRAND JURY FINDINGS AND RECOMMENDATIONS IN REPORT TITLED “WHO LET THE DOGS OUT? A TAIL IN TWO CITIES” Note: the original Grand Jury findings are repeated below in italics. The City’s responses are in bold, with additional explanation and commentary in regular typeface. References to the “City” or the “respondent” refer to the City of San Bernardino. Responses to Findings F-1 The Animal Services Department is underfunded and understaffed. The respondent disagrees partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. The Animal Services Department has not had a full staff of fully trained animal control officers for several years. In 2021, the Department had only six allocated Animal Control Officers with no supervisor or lead position assigned to the Unit. Over time, the Department has expanded the Field Services Unit to include a supervisor and lead animal control officer. At the end of 2023, Animal Services had filled all but two vacant animal control officer positions. The Unit consists of one Animal Services Supervisor for Field Officers, one Lead Animal Control Officer and four filled and fully trained Animal Control Officers for the City. There are currently two vacant positions, which the Department is working on filling. Because the Unit is not fully staffed, additional time is needed to fill the two vacant positions and then evaluate the need for increased Animal Control Officers once they are fully trained and assigned to the field. F-2 San Bernardino Animal Services needs a veterinarian on site to take care of pets’ medical needs. The respondent agrees with the finding. F-3 San Bernardino Animal Services does not currently have a checklist that all ACOs may use to inspect the yard of an offending owner of a stray or biting dog. This is needed for consistency of documenting the encounter and putting the owner on notice to remediate the problem area. The respondent agrees with the finding. F-4 The SBCAS Policy and Procedure Manual is not complete, nor updated every year, thus the procedures for ACOs are not completely clear and laid out in written form. The respondent agrees with the finding. F-5 Currently, ACOs do not have assigned areas (beats) of responsibility within the City of San Bernardino. If SBCAS assigned different beats to each ACO, it would save time and fuel, provide a quicker response, and increase time for educating the pet owners and public who reside in the ACO’s area. The respondent agrees with the finding. Packet Page. 649 55600.00100\41922321.1 F-6 The public perception of Animal Control Officers is that they are a threat to their pet. The respondent agrees with the finding. F-7 One of the biggest reasons for the continued spike in dog attacks/bites in the City of San Bernardino is due to the number of non-spayed/neutered animals in the city. The respondent disagrees partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. There are several reasons for the higher number of dog bites in the City of San Bernardino as compared to the City of Rancho Cucamonga. A recently released report noted that dog bites were increasing throughout the State. Additionally, the Department feels that the bite statistics should be compared to a population with similar demographics to our residents. According to Census.gov, in 2022, the City of Rancho Cucamonga had a poverty rate of 7.5% with a median household income of $105,534 versus the City of San Bernardino where the poverty rate was significantly higher at 20.2% with a lower median household income of $61,323. Residents in the City of San Bernardino have limited access to spay/neuter services and experience economic barriers to obtaining veterinary care for their animals. While low cost and/or free spay/neuter services are crucial to reduce the number of loose dogs in the City, the Department believes that supportive services are necessary to help the community. The services needed to reduce the number of stray dogs includes expanded access to care, education on responsible pet ownership, including keeping your pet on a leash, free microchipping as well as bite prevention training for all community members regardless of pet ownership. Expanded programming and community support would have a greater impact on reducing the total number of dog bites annually. Responses to Recommendations R-1a Increase funding for Animal Services. The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. The Department has requested additional funding for crucial positions, including a Public Education officer as well as a Manager overseeing the Community Outreach Unit. These positions will be included with the expansion of the Department to cover shelter services for Fontana, Rialto and Colton in addition to Grand Terrace and Loma Linda. The Department believes these additional positions serving in a Community Outreach capacity will help increase public education to our community and larger region, ultimately reducing dog bites. R-1b The Grand Jury recommends increased funding is necessary to allow Animal Services to hire additional ACOs. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, Packet Page. 650 55600.00100\41922321.1 including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. The Animal Control Unit has not been fully staffed with trained Animal Control Officers for the past five years. This is the first time in several years that the Department has had four trained field officers to respond to calls in the City and is working to fill two vacant positions. The City therefore requests additional time to fill the vacant positions and then evaluate the need for additional staffing once there are six fully trained officers assigned to field operations in the City. R-2a Hire an on-site veterinarian which would save time and money. The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. The Department has an open recruitment for two on-site veterinarians as well as per diem positions designated for high quality high volume spay neuter. The recruitment for the position of veterinarian has been open for over a year, and the City has increased the compensation package and salary twice during that time. Despite the increase in salary as well as offering a stipend, the position has not been filled as a result of a nationwide shortage of veterinarians. The Department is currently working with the City’s Human Resources Department to identify additional opportunities to recruit staff veterinarians, including recruiting foreign candidates through a Federal Visa program. Due to the challenges in recruiting for these positions, the Department does not have a timeline for onboarding staff veterinarians. R-2b The Grand Jury recommends a Partnership with San Bernardino City Unified School District to create an Animal Services Pathway program for high school students to learn about animal care, becoming groomers, veterinary technicians and veterinarians. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. The Department is open to a partnership with the San Bernardino City Unified School District, but additional time is needed to develop and implement the program and propose it to our elected officials. The Department will be attending Career Day at two schools (elementary and junior high) in the district over the next couple of months. Our vet staff, animal control officers and administrative staff will be at the event to discuss opportunities for careers in animal welfare. We will utilize this pilot program to fully develop a proposal for the partnership with the school district. R-2c Create an outreach program for prospective veterinary hires. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. The Department is conducting research on outreach for prospective veterinarians. We will work with the City’s Human Resources Department to develop a program based on industry best Packet Page. 651 55600.00100\41922321.1 practices. Due to the Nationwide shortage of Veterinarians, the Department will need additional time to conduct the study and implement the program. R-3 The Grand Jury recommends that the Animal Services Department develop a uniform written checklist for ACOs to check and ensure that the yard is secure. A copy of the checklist is to be given to the owner. The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. The Department is working to create a checklist for the Animal Control Officers to utilize on home inspections. We estimate the checklist will be completed and implemented by September 2024. R-4a The Grand Jury recommends that the SBCAS complete writing the Policy and Procedure Manual and eliminate the names of employees and use the staff positions instead. Review the Manual annually and present current changes in laws to staff monthly. The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. Department leadership is currently working on revising the Policy and Procedure Manual to be completed and distributed to staff by January 2025. R-4b Hold monthly or bimonthly staff meetings at the Shelter with management and ACOs to bring everyone up to date on the latest laws and/or developments in the field of Animal Care. The recommendation has been implemented, with a summary regarding the implemented action. The department currently holds monthly all-staff meetings with ACO’s in attendance and holds bimonthly staff meetings for the Field Operations department. In both meetings staff discuss current cases, challenges and solutions in-line with industry best practices. Staff also attend webinars related to the field of animal welfare from National Industry Leaders, including the American Society for the Prevention of Cruelty to Animals (ASPCA), Best Friends Animal Society, Maddie’s Fund and CalAnimals Animal Welfare Association. R-5a The Grand Jury recommends that SBCAS divide the city into separate beats of the city and require ACOs to cover just that portion of the city each day. The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. The Department is working to divide the city into at least 4 quadrants so that officers can be assigned to a specific area and rotated quarterly. We expect this to be completed and implemented by January 2025. R-5b The Grand Jury recommends the City of San Bernardino provide animal care training to the public twice annually. Each ACO is to provide training for pet owners in his/her beat via online or in- person. Packet Page. 652 55600.00100\41922321.1 The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. Once the City determines the areas ACO’s will be assigned to and the Policy and Procedure Manual has been finalized and distributed, the Department will offer regular training to the community. We estimate this to be implemented by Spring 2025. Currently, the administration team is scheduling and attending Neighborhood Association Meetings in an attempt to educate community members on responsible pet ownership and programs available to the residents and their pets. R-6 The Grand Jury recommends that the SBAS reach out and educate the public about Animal Services via in-person and other forms of media. The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. The Department is currently active on social media, informing the public about our programs and services. The City is in the process of redesigning the website and the Department plans on updating the Animal Services pages to be more informative and accessible to the community. Additionally, the Department holds quarterly in-person Animal Control Commission meetings open to community members. In addition, the administration team is working with the Neighborhood Association to schedule presentations at their regular meetings in the community. The Department expects a communication policy, including public education to be completed by Summer 2025. R-7 The Grand Jury recommends the SBAS reach out and educate the public in the City of San Bernardino about the benefits of spaying/neutering dogs. Education to be delivered in-person and other forms of media. The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. The City is in the process of redesigning the website and the Department plans on updating the Animal Services pages to include additional information on the benefits of spaying and neutering pets. Additionally, the Department holds quarterly in-person Animal Control Commission meetings open to community members. In addition, the administration team is working with the Neighborhood Association to schedule presentations at their regular meetings in the community, including the topic of the importance of spaying and neutering. Once the Department has a team of veterinarians to perform community spay/neuter, we hope the combination of education and opportunities for low-cost spay/neuter will help reduce the number of unwanted pets in the City. We expect the public education piece of the communication policy to be completed and implemented by Summer 2025. Packet Page. 653 SAN BERNARDINO COUNTY CIVIL GRAND JURY 2023 SAN B E R N A R DINO COU N T Y REPORTS R E P O R T S Packet Page. 654 Packet Page. 655 WHO LET THE DOGS OUT? A TAIL IN TWO CITIES 17San Bernardino County Grand Jury Final Report Packet Page. 656 SUMMARY The 2023 San Bernardino County Civil Grand Jury (Civil Grand Jury, Grand Jury, GJ) has concerns with the increasing reports of dog bites and how they are handled by the animal services departments within San Bernardino County. An investigation was initiated by the Grand Jury and the following report contains the findings of said investigation. On the morning of October 7, 2022, an elderly woman was walking in the Baldy Mesa area of San Bernardino County when she was attacked by two Dogo Argentino dogs. These animals are muscular, weigh between 80 and 100 pounds and, in the early twentieth century, were bred for dog fighting and hunting large game, such as wild boar. When deputies arrived to assist, the woman was unresponsive. The 80- year-old had been mauled to death. The 2023 Grand Jury found that hundreds of people nationwide are bitten or attacked by dogs. Unfortunately, many of the victims are children (www.Dogsbite.org). Indeed, in a comparison with a city similar in population to San Bernardino, the Grand Jury found San Bernardino with a population of 220,328 had twice as many dog bites as Rancho Cucamonga with a population of 176,336 (US 2020 Census). Dogs running loose and the number of dog bites have been on the rise in the City of San Bernardino. The San Bernardino City Animal Services Shelter is full of dogs waiting to be picked up by their owners or to be adopted by someone. Many city residents have sustained bites by stray or loose animals. It is often difficult to find the dogs who bite people, and then locate their owners once a bite happens because: • the dog runs away • the owner, in fear of losing his/her dog to Animal Services, refuses to cooperate with the Animal Control Officer (ACO) who is attempting to assist • the person bitten is not likely to chase after the dog 18 San Bernardino County Grand Jury Final Report Packet Page. 657 “Studies conducted by the American Veterinary Medical Association have concluded that the most common causes of fatal dog attacks are preventable factors related to irresponsible ownership, abuse and/or neglect and failure to properly supervise large or strong dogs. Most fatalities are usually the result of human controlled factors specific to the circumstances surrounding the incident.” (www.avma.org) Bites from dogs are an important public health issue. According to “DogsBite.org”, a research and education nonprofit organization, in the period between 2010 to 2019, there were 369 dog bite fatalities in the US. Five of these fatalities occurred in San Bernardino County. Three of those five were children under the age of three. Whether in the City of San Bernardino, the County of San Bernardino or nationally, dog bites can lead to death, disfigurement, disability, and infectious diseases such as rabies. In most cases, it is a traumatic experience that can be reduced by a variety of means. The 2023 Grand Jury investigated the City of San Bernardino Department of Animal Services. For the purpose of this report, the name San Bernardino City Animal Services will be used (SBCAS, Animal Services). The Grand Jury toured and observed the kennels; however, the focus of this investigation centered on Animal Control Officers and Field Services. Evidence revealed that the public has a misconception of the ACO’s role dealing with safe, healthy, pet ownership. Animal Control Officers are not the “Dog Catcher”. ACOs do not stalk the streets with large nets attached to long poles. The goal of the officer is to intervene and provide public education and safety. They are dedicated and educated animal lovers who have the skills, knowledge and compassion to assist the dog owner in keeping their animals safe, healthy and home for the life of the animal. In the investigation into SBCAS, the Grand Jury also read documents and interviewed witnesses from Rancho Cucamonga Animal Field Services (RCAFS, RCAS) in order to compare Animal Services of a city of similar population. 19San Bernardino County Grand Jury Final Report Packet Page. 658 BACKGROUND According to the American Veterinary Medical Association, more than 4.5 million people are bitten by dogs each year in the United States. More than 800,000 of these bites require medical attention, and at least half of those are children. The United States Postal Service reports that the state with the most dog bites against carriers is California. (www.usps.com) For the City of San Bernardino, the statistics reveal 238 dog bites on citizens from December 2021 to December of 2022. Some of these bites happen on the dog owner’s property, some occur while families with small children are out walking or when adults are outside exercising. The 2023 Civil Grand Jury decided to investigate San Bernardino City Animal Services. In order to do that, the Grand Jury reviewed the statistics of Rancho Cucamonga Animal Field Services as well, because both cities are of similar size in population. Evidence shows that the majority of Rancho Cucamonga’s and San Bernardino’s residents are responsible dog owners. The few that are not may face legal action being taken against them by the City and the County, as well as hefty fines. METHODOLOGY In this investigation into the San Bernardino Department of Animal Services, the Grand Jury read documents from both the SBCAS and RCAFS, including Animal Control Field Reports, 2022 statistics and euthanasia records. The Grand Jury conducted multiple interviews of administration, employees, Animal Control Officers, victims of dog bites and owners of stray, aggressive dogs. The GJ also read documents and conducted interviews of Rancho Cucamonga City Animal Care Services employees in order to compare what a city of similar size is doing to combat the number of stray, aggressive and biting dogs. In fact, although Rancho Cucamonga has a larger population per square mile, (Rancho Cucamonga: 4,349.4, San Bernardino: 3,574.7 per US 2020 Census) and despite San Bernardino Animal Control Officers being better equipped with laptops, phones and SBACS dispatchers. San Bernardino still has twice as many dog attacks on their citizens as Rancho 20 San Bernardino County Grand Jury Final Report Packet Page. 659 Cucamonga. This adds to the perception that the sheer number of stray dogs in the city of San Bernardino may be an important element in the number of dog attacks and should be addressed. (See the charts below) The Grand Jury attended a court hearing involving dogs impounded in the City of San Bernardino. The GJ completed a ride-along with Animal Control Officers in San Bernardino. Finally, the Civil Grand Jury visited the City of San Bernardino Animal Shelter to observe the condition of the shelter and the workings of Animal Services. DISCUSSION In the City of San Bernardino, dog bites can often be prevented, but that must include the understanding that responsible pet owners be routinely educated about: • their choice of dog breeds • the time owners are willing to put into training their animal • the proper response to a stray or strange animal • the fact that Animal Control Officers are there to assist • rewards that come with owning an animal Knowledge and skill in dealing with an aggressive or stray canine can help reduce the number of dog attacks. This was on full display as part of the Grand Jury investigation. Evidence showed the City of San Bernardino ACOs are well trained. They are efficient at arriving at a scene and de-escalating a situation where there are loose dogs. The ACOs remain calm and in control. They are trained to scan for micro-chips, to identify the owner, and place the animals in separate cages/trucks and transport them to the San Bernardino Animal Shelter. The officers display skill and knowledge rather than fear in their rescue of the dogs of unknown temperament. Guidelines/Website Information The City of San Bernardino Animal Services recommends the following to the public on their website: (www.SBCity.Org/City-Hall-Animal) 21San Bernardino County Grand Jury Final Report Packet Page. 660 • Keep your dog in an adequately fenced enclosure that enables it to exercise according to its size • Lock your gate to prevent unauthorized access • Housetrain your dogs so they can be inside with their family • Control your dog with a handheld leash when away from home • Socialize with other people and pets as circumstances permit • Look for opportunities for formal training at your local pet store, veterinarian or city recreation department. This will offer a structured environment to train and socialize your animal with other pets and people • Spay or neuter your dog. This will reduce your dog's desire to roam • If you don't know how your dog will react to a new situation, proceed carefully • Never leave your dog unattended with a small child Simple guidelines, as the ones noted above, can help prevent many dog bites. There are numerous consequences for dog owners when their pet bites someone. There are fines attached to some bite incidents that the owner is responsible to pay. Also, their pet can be confined in quarantine, or euthanized if no other alternative is available for the pet's safe return. National Dog Bite Prevention Week, sponsored by the AVMA, is slated for the second full week in April each year. The focus is education on dog bite prevention and sharing tips on what to do if you find yourself in a situation with an aggressive dog. 22 San Bernardino County Grand Jury Final Report Packet Page. 661 Comparison of the two cities Bar Charts Data Source: San Bernardino and Rancho Cucamonga Animal Services data. Charts created by the Grand Jury. The Grand Jury found, using the US 2020 Census Bureau’s report, that the City of Rancho Cucamonga had a total population of 176,336. The population per square mile was 4,349.4. The total land mass in square miles is 40.11. 23San Bernardino County Grand Jury Final Report Packet Page. 662 The same year’s report revealed the City of San Bernardino had a population of 220,328. The population per square mile was 3,574. The total land mass in square miles is 62.13. In the Grand Jury’s comparison of RCAFS and SBCAS, the Grand Jury is aware that geographic size is a contributing factor for the increase of stray dogs and dog bites. However, when compared, the larger number of attacks on citizens of San Bernardino, which contained a smaller population per square mile, compelled an investigation. Funding Needed for a New Shelter The San Bernardino Animal Shelter is located at 333 Chandler Place, San Bernardino, CA 92408. It is comprised of three modular buildings that serve as Animal Services offices and a public lobby. There are five cinder block buildings of which four are kennels. They are segregated by male, female, quarantined and cats. The San Bernardino Animal Shelter was built in 1960 and is in need of constant repair and additional kennels. San Bernardino Animal Services reports that 10 to 12 dogs are received each day. In 2021, there were 2154 adult dogs and 324 puppies processed. In 2022, they processed 2887 adult dogs and 771 that are six months or younger. Currently there are up to six animals in one kennel. The overcrowding hinders proper socialization because the animal is not meant to be in confinement and makes it more difficult to achieve a successful adoption. Evidence revealed that keeping animals in overcrowded kennels may cause stress on the animals and people may observe behavioral issues which could hinder potential adoptions. (See Photos below) 24 San Bernardino County Grand Jury Final Report Packet Page. 663 SAN BERNARDINO ANIMAL SERVICES DOG KENNEL SAN BERNARDINO ANIMAL SERVICES DOG KENNEL 25San Bernardino County Grand Jury Final Report Packet Page. 664 SAN BERNARDINO ANIMAL SERVICES ROW OF KENNELS 26 San Bernardino County Grand Jury Final Report Packet Page. 665 SAN BERNARDINO ANIMAL SERVICES CEMENT SLAB FOR KENNEL EXPANSION INCREASED FUNDING NEEDED In the City of San Bernardino in 2022, 1250 adult dogs were adopted by private parties. There were 374 puppies adopted. Eight hundred and fifteen adult dogs and 230 puppies were transferred to rescue services (non-profit organizations who sometimes adopt animals with behavioral issues and prepare them for adoption). Five hundred animals, adults and puppies, were returned to their owners. Evidence showed increased funding is needed for: • additional Animal Control Officers • an additional supervisor • an on-site veterinarian • a veterinary technician • public education to inform the public about reactions to stray or aggressive dogs, proper yard confinement and the partnership role that San Bernardino Animal Services offers to the public 27San Bernardino County Grand Jury Final Report Packet Page. 666 San Bernardino Animal Services has been allocated land for a new facility. The cost for the land alone is estimated at $2 million. The building of the new facility itself would run an additional $70 million. The preliminary design for the facility has been completed. What is needed now is additional funding. POLICY AND PROCEDURES MANUAL Currently, evidence shows the San Bernardino City Shelter has begun writing a Policy and Procedures Manual. However, the current unfinished Manual refers to specific staff names, instead of positions. The staff names need to be deleted, and staff positions be inserted instead. The reason to eliminate staff names is to provide consistency in case of staff leaving. The GJ found the Manual needs to be finished and updated, with specific staff names removed. VETERINARIAN NEEDED ON SITE Low-cost spaying or neutering averages around $200. There is a mandatory spay or neuter ordinance in San Bernardino City. Due to the lack of veterinarian accessibility, the animal may be sent home with an “I will neuter later” form. Animal Services takes a $100 deposit that is paid back to the owner once proof is shown of spaying or neutering. Immediate on-site spaying or neutering would dramatically reduce the number of loose dogs and dog bites. Evidence revealed that spaying and neutering pets will significantly decrease the number of stray dogs because they are less likely to leave their yard to look for a mate if they are spayed or neutered. However, many pet owners in the city do not have the funds for altering their dog. San Bernardino Animal Services contracts with an outside veterinarian and animals must be transferred to that veterinarian. An in-shelter veterinarian will help reduce the backlog of dogs who need to be neutered or spayed before being adopted out. Additionally, this may reduce the cost of medical procedures for the shelter and for pet owners. 28 San Bernardino County Grand Jury Final Report Packet Page. 667 PET OWNER PERCEPTION: EDUCATION PROGRAM NEEDED Evidence showed that the public has a negative, adversarial image of animal services. Public outreach is needed to inform people that Animal Control Officers are available to find their lost dog, advise them about proper yard confinement, advise and assist in vaccinations, spaying and neutering. They are not there for the sole purpose of confiscating the dog. If Animal Control Officers had their own “beat” (area, see Glossary), they could be more visible and answer more questions from dog owners. COMMENDATIONS The 2023 San Bernardino County Civil Grand Jury commends the San Bernardino Department of Animal Services for the positive changes that have been made in the last four years. For example, ACOs now have laptops in their trucks as standard equipment. This saves time by making the field entries immediately. Evidence shows new trucks have been added to the department this year, which is helping deal with the tremendous number of strays daily. The City of San Bernardino Department of Animal Services is to be commended for doing their own dispatch services, thereby prioritizing the needs of the community when dealing with stray, aggressive and/or biting dogs. The Animal Control Officers who work for the City of San Bernardino Department of Animal Services are to be commended for their dedication, caring and hard work to help animals. 29San Bernardino County Grand Jury Final Report Packet Page. 668 SAN BERNARDINO ANIMAL SERVICES NEW TRUCK 30 San Bernardino County Grand Jury Final Report Packet Page. 669 SAN BERNARDINO ANIMAL SERVICES TRUCK The Grand Jury was very impressed with Animal Services and their staff, who displayed professionalism and a deep level of concern for the welfare of the animals. The Grand Jury commends the administration and staff for making every effort to identify a properly socialized dog for adoption and searching for reasons not to euthanize the animal. CONCLUSION The investigation into the San Bernardino City Department of Animal Services resulted in the Grand Jury coming to the following conclusions: • Animal Services is doing the best it can in light of the huge job they are undertaking, and the Department is improving • Animal Services needs additional finances to immediately hire additional ACOs • Animal Services needs additional finances to immediately order equipped ACO trucks • Animal Services needs a public education program to inform and assist dog owners about their responsibilities, how to deal with an aggressive dog and the partnership role that Animal Services offers • a fully staffed Animal Services could assign specific territories or beats to the Animal Control Officers. This would help the ACO in identifying “escape” prone dogs, learning about the owner and his home, and identifying aggressive animals. These beats are not withstanding in the event of emergency assistance needed in another area of town • hire an on-site veterinarian The Grand Jury concludes that the San Bernardino Animal Services Department continues to strive to ensure the Animal Control Officers do an effective job for the City of San Bernardino. 31San Bernardino County Grand Jury Final Report Packet Page. 670 FINDINGS RECOMMENDATIONS IMPLEMENTATION DATE REQUIRED RESPONSE F-1: The Animal Services Department is underfunded and understaffed. R-1a: Increase funding for Animal Services. R-1b: The Grand Jury recommends increased funding is necessary to allow Animal Services to hire additional ACOs. July 1, 2024 The San Bernardino City Council F-2: San Bernardino Animal Services needs a veterinarian on site to take care of pets’ medical needs. R-2a: Hire an on-site veterinarian which would save time and money. R-2b: The Grand Jury recommends a Partnership with San Bernardino City Unified School District to create an Animal Services Pathway program for high school students to learn about animal care, becoming groomers, veterinary technicians and veterinarians. R-2c: Create an outreach program for prospective veterinary hires. September 1, 2024 The San Bernardino City Council F-3: San Bernardino Animal Services does not currently have a checklist that all ACOs may use to inspect the yard of an offending owner of a stray or biting dog. This is needed R-3: The Grand Jury recommends that the Animal Services Department develop a uniform written checklist for ACOs to check and ensure that the yard is secure. A copy of the checklist is to be given to the owner. April 1, 2024 The San Bernardino City Council 32 San Bernardino County Grand Jury Final Report Packet Page. 671 for consistency of documenting the encounter and putting the owner on notice to remediate the problem area. F-4: The SBCAS Policy and Procedure Manual is not complete, nor updated every year, thus the procedures for ACOs are not completely clear and laid out in written form. R-4a: The Grand Jury recommends that the SBCAS complete writing the Policy and Procedure Manual and eliminate the names of employees and use the staff positions instead. Review the Manual annually and present current changes in laws to staff monthly. R-4b: Hold monthly or bimonthly staff meetings at the Shelter with management and ACOs to bring everyone up to date on the latest laws and/or developments in the field of Animal Care. July 1, 2024 The San Bernardino City Council F-5: Currently, ACOs do not have assigned areas (beats) of responsibility within the City of San Bernardino. If SBCAS assigned different beats to each ACO, it would save time and fuel, provide a quicker response, and increase time for educating the pet owners and public who reside R-5a: The Grand Jury recommends that SBCAS divide the city into separate beats of the city and require ACOs to cover just that portion of the city each day. R-5b: The Grand Jury recommends the City of San Bernardino provide animal care training to the public twice annually. Each ACO is to provide training for pet owners in his/her beat via online or in- person. September 1, 2024 September 1, 2024 The San Bernardino City Council 33San Bernardino County Grand Jury Final Report Packet Page. 672 in the ACO’s area. F-6: The public perception of Animal Control Officers is that they are a threat to their pet. R-6: The Grand Jury recommends that the SBAS reach out and educate the public about Animal Services via in- person and other forms of media. September 1, 2024 The San Bernardino City Council F-7: One of the biggest reasons for the continued spike in dog attacks/bites in the City of San Bernardino is due to the number of non- spayed/neutered animals in the city. R-7: The Grand Jury recommends the SBAS reach out and educate the public in the City of San Bernardino about the benefits of spaying/neutering dogs. Education to be delivered in-person and other forms of media. September 1, 2024 The San Bernardino City Council REQUIRED RESPONSES San Bernardino City Council INVITED RESPONSES Kristine Watson, Director of City of San Bernardino Animal Services 34 San Bernardino County Grand Jury Final Report Packet Page. 673 GLOSSARY The following Glossary was created by the Grand Jury to provide context and information to terms used in this report. 1. American Veterinary Medical Association (AVMA): A not-for-profit association of veterinarians that provide continued education, publications and other resources about animals to the public. 2. Animal Control Officers: The staff of San Bernardino City Department of Animal Services who are responsible for responding to the public’s calls and dealing with dogs, and other animals, in the city limits. 3. Beat: An assigned area of responsibility for each Animal Control Officer. 4. Euthanasia: The medical process of ending the life of an animal. 5. Foster care for animals: The temporary care of an animal pending a successful permanent adoption. 6. RCAFS: Rancho Cucamonga Animal Field Services. 7. SBCDAS: San Bernardino City Department of Animal Services. 35San Bernardino County Grand Jury Final Report Packet Page. 674 This Page Left Intentionally Blank 36 San Bernardino County Grand Jury Final Report Packet Page. 675 Exit Interview Acknowledgement Form Page 1 of 3 Last Updated: 5/2017 San Bernardino County Grand Jury 658 East Brier Drive, Suite 125 San Bernardino, CA 92408 Contact Phone: (909) 382-3971 2023 CIVIL GRAND JURY FINAL REPORT ACKNOWLEDGEMENT FORM The information provided below informs you of your legal responsibilities and requirements concerning your official responses to the Civil Grand Jury Report. PLEASE NOTE that you have time sensitive deadlines (a timeline has been produced below for your convenience). You must file your department’s responses with the designated Clerk of the Superior Court and also submit a copy to the Clerk of the County Board of Supervisors. Failure to file your responses to the San Bernardino Superior Court and Board of Supervisor’s clerk may result in your appearance before the Presiding Judge to show cause for not responding. California Penal Code §933 states as follows: §933 FINDINGS AND RECOMMENDATIONS;COMMENT OF GOVERNING BODIES; DURATION OF SECTION (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to §914.l shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervisors or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency… (d) As used in this section “agency” includes a department. §933.05 RESPONSES TO FINDINGS (a) For purposes of subdivision (b) of §933, as to each grand jury finding, the responding person or entity shall indicate one of the following: Packet Page. 676 Exit Interview Acknowledgement Form Page 2 of 3 Last Updated: 5/2017 (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of §933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions. (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendation affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. Packet Page. 677 Exit Interview Acknowledgement Form Page 3 of 3 Last Updated: 5/2017 (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. Completion Criteria and Timeline The Department/Organization shall have fulfilled its obligations when the following occurs: •Prepare Official Response Due 60-90 days from the date the final report has been made available to the public. (*Generally made available to the public the last day of the fiscal year 6/30th) •Send Original to the Presiding Judge/Clerk of San Bernardino County Superior Court, State of California C/O Grand Jury Coordinator, Valerie Silvas 172 West Third Street, Second Floor San Bernardino, CA 92415-0243 •Send Courtesy Copy to Clerk of the Board of Supervisors Lynna Monell Clerk of the Board of Supervisors 385 N. Arrowhead Ave., 2nd Floor San Bernardino, CA 92415-0130 PLEASE CONFIRM RECEIPT OF THIS FORM BY EMAIL. Packet Page. 678 2 0 1 4 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Genoveva Rocha, City Clerk Department:City Clerk Subject:Certifying Results of the Primary Municipal Election held on March 5, 2024 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution No. 2024-077 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the Primary Municipal Election held on March 5, 2024, certifying the election results and such other matters as provided by law. Executive Summary Adopt the resolution associated with the results of the City of San Bernardino Primary Municipal Election. The County of San Bernardino Registrar of Voters completed a canvass of the votes and provided the results of the election of the City Clerk Department on April 5, 2024. In accordance with Election Code section 15372 (a), the results of the Municipal Election held on March 5, 2024, must be certified by the governing body. Background In accordance with Article 8, Section 800, of the City Charter, the City of San Bernardino shall consolidate the Primary Municipal Election and General Municipal Election with the state Primary and General Municipal Election every two years. On September 6, 2023, Resolution No. 2023-137 was approved by the Mayor and City Council, Calling a Primary Municipal Election. On March 5, 2024, the Primary Municipal Election was held by the San Bernardino County Registrar of Voters for the office of Third Ward City Council Member, Fifth Ward City Council Member, Sixth Ward City Council Member, and Seventh Ward City Council Member for the City of San Bernardino. Discussion Packet Page. 679 2 0 1 4 The Primary Municipal Election was conducted on March 5, 2024, by the San Bernardino County Registrar of Voters. The final results of the election were released by the San Bernardino County Registrar of Voters on March 29, 2024, and were received via mail by the City Clerk Department on April 5th. According to the Statement of Votes cast report provided by the Registrar of Voters, the City of San Bernardino has 60,808 registered voters in the Wards up for election. Of the total combine candidate votes, 10,488 voted in the Primary Municipal Election, resulting in an 17.24% voter turnout. The Statement of Votes declares the following: •Juan Figueroa was re-elected as a Member of the City Council, Ward 3 •Mario Flores was elected as a Member of the City Council, Ward 6 The following candidates received the highest percentage of votes for Fifth Ward City Council Member and Seventh Ward City Council Member and will be entered into the General Municipal Run-Off Election to be held on November 5, 2024: •Fifth Ward Council Member o Kim Knaus with 37.13% o Henry Nickel with 25.12% •Seventh Ward Council Member o Treasure Ortiz with 39.04% o James F. “Jim” Penman with 31.12% The candidates elected to office will be seated in December following the certification of the results for the General Municipal Election. 2021-2025 Strategic Targets and Goals Certifying the results of the election aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community. Fiscal Impact There is no fiscal impact by adopting this Resolution. Conclusion Adopt Resolution No. 2024-077 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the Primary Municipal Election held on March 5, 2024, certifying the election results and such other matters as provided by law. Attachments Attachment 1 – Resolution No. 2024-077 Certifying the Result of the Primary Municipal Election Attachment 2 – Resolution No. 2024-077 Exhibit ‘A’ – Final Certified Elections Packet Page. 680 2 0 1 4 Results Attachment 3 – County of San Bernardino Certification of Elections Results of March 29, 2024 Ward: All Wards Synopsis of Previous Council Actions: On September 6, 2023, the Mayor and City Council adopted Resolution No. 2023- 137, calling for a Primary Municipal Election. Packet Page. 681 Resolution No. 2024-077 Resolution 2024-077 April 17, 2024 Page 1 of 4 4 4 7 1 RESOLUTION NO. 2024-077 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECITING THE FACTS OF THE PRIMARY MUNICIPAL ELECTION HELD ON MARCH 5, 2024, CERTIFYING THE ELECTION RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. WHEREAS, the Primary Municipal Election was consolidated with the Statewide Primary Election and was conducted in the City of San Bernadino, California on Tuesday March 5, 2024, as required by law; and WHEREAS, notice of the election was given in the time, form and manner as provided by law; that voting precincts were properly established; that elections officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the Elections Code of the State of California and the Charter of the City of San Bernardino for holding of elections; and WHEREAS, the Registrar of Voters of the County of San Bernardino canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as ‘Exhibit “A.” BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.That the whole number of ballots cast in the City of San Bernardino was 10,488. SECTION 2.That the Names of Persons and the offices for which they were voted are as follows: For the Office of Member of the City Council Ward 3 Votes Juan Figueroa 1,028 Christian T. Shaughnessy 903 For the Office of Member of the City Council Ward 5 Votes Henry Nickel 974 Rose Ward 162 Ben Reynoso 812 Chas A. Kelley 490 Packet Page. 682 Resolution No. 2024-077 Resolution 2024-077 April 17, 2024 Page 2 of 4 4 4 7 1 Kim Knaus 1,440 For the Office of Member of the City Council Ward 6 Votes Mario Flores 939 Bessine Littlefield Richard 585 Write -In Candidate – Kimberly Calvin 273 For the Office of Member of the City Council Ward 7 Votes Damon L. Alexander 860 Treasure Ortiz 1,125 James F. “Jim” Penman 897 SECTION 3.That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit “A” attached. SECTION 4.Pursuant to San Bernardino Municipal Code section 2.56.040, the City Council does declare and determine that Juan Figueroa was re-elected as a Member of the City Council to represent Ward 3 for the full term of four years; Mario Flores was elected as a Member of the City Council to represent Ward 6 for the full term of four years. The successful candidates shall be seated and shall begin their new term of service in December 2024. In addition, pursuant to San Bernardino Municipal Code Section 2.56.040, the City Council does declare and determine that the candidates for the office of Fifth Ward Council Member and Seventh Ward Council Member with the highest number of votes shall be entered into and appear on the ballot as the Fifth Ward Council Member and Seventh Ward Council Member candidates at the General Municipal Run Off Election to be held November 5, 2024, those candidates are Kim Knaus, Henry Nickel, Treasure Ortiz and James F. “Jim” Penman. SECTION 5.The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For which office each person was voted for; (4) The number of votes given at each precinct to each person. SECTION 6.That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. SECTION 7.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Packet Page. 683 Resolution No. 2024-077 Resolution 2024-077 April 17, 2024 Page 3 of 4 4 4 7 1 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 8.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 9. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of ___ 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 684 Resolution No. 2024-077 Resolution 2024-077 April 17, 2024 Page 4 of 4 4 4 7 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-XX, adopted at a regular meeting held on the ___ day of _______ 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. Genoveva Rocha, CMC, City Clerk Packet Page. 685 Packet Page. 686 Packet Page. 687 Packet Page. 688 1 9 6 3 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Joshua Dramitinos, Deputy Director of Economic Development Department:Economic Development Subject:Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 45, Tax Zone No. 45 (GWS #8) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-070 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 45); and authorizing the levy of a special taxes therein. Executive Summary The recommended actions are the first steps of the annexation process for the proposed development into Community Facilities District (“CFD”) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impacts for maintenance service of public facilities as a result of the new development. The special taxes will be levied annually to offset General Fund expenditures related to the maintenance of public improvements within and for the benefit of the development. Background On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City. On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Packet Page. 689 1 9 6 3 Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City. Discussion Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Maintenance of parkway landscaping and other public improvements installed within the public rights-of-way; and 2. Public lighting and appurtenant facilities, including streetlights within public rights-of-way and traffic signals; and 3. Maintenance of streets, including pavement management; and 4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed development includes approximately 15.29 gross acres of industrially zoned property located at the northwest corner of Lena Road and Norman Road. This development will include an industrial warehouse building as a new Tax Zone No. 45 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing. The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 45), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $1,826 per acre for FY 2023/24 ($27,919.54). Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD. 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 Packet Page. 690 1 9 6 3 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). •Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien. •Amend the Ordinance and order the levy and collection of special taxes in the District. The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $27,913 to be used to pay for maintenance costs. On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for June 5, 2024. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact There is no fiscal impact to the City. All costs associated with annexation into the CFD have been borne by the Developer. Conclusion It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-070 of the Mayor and City Council of San Bernardino, California: declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 45); and authorizing the levy of a special taxes therein Packet Page. 691 1 9 6 3 Attachments Attachment 1 – Resolution of Intention No. 2024-070 Attachment 2 – Exhibit A - Description of Territory Attachment 3 – Exhibit B - Description of Services Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps Attachment 6 – Exhibit E - Signed Petition Attachment 7 – Exhibit F - Notice of Public Hearing Attachment 8 – Exhibit G - Special Election Ballot Attachment 9 – Exhibit H - Maintenance Exhibit Attachment 10 – Project Map Ward: Third Ward Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. July 17, 2019 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. Packet Page. 692 Resolution No. 2024-070 Resolution No. 2024-070 April 17, 2024 Page 1 of 4 RESOLUTION NO. 2024-070 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 45) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice and word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council has determined that the public convenience and necessity require that such territory be annexed to the Community Facilities District. SECTION 2.Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”. SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map Packet Page. 693 Resolution No. 2024-070 Resolution No. 2024-070 April 17, 2024 Page 2 of 4 entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 45, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D. SECTION 4.Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory. SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C. SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof. SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 4:00 p.m., or as soon thereafter as practicable, on Wednesday, June 5, 2024, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1. SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019- 1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act. Packet Page. 694 Resolution No. 2024-070 Resolution No. 2024-070 April 17, 2024 Page 3 of 4 SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday June 5, 2024 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 12. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 695 Resolution No. 2024-070 Resolution No. 2024-070 April 17, 2024 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-070, adopted at a regular meeting held on the 17th day of April 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 18th day of April 2024. Genoveva Rocha, CMC, City Clerk Packet Page. 696 EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 45 is currently comprised twenty-nine (29) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs). APN Owner Name 0280-171-01 GWS #8 Development LLC 0280-171-02 GWS #8 Development LLC 0280-171-03 GWS #8 Development LLC 0280-171-04 GWS #8 Development LLC 0280-171-05 GWS #8 Development LLC 0280-171-06 GWS #8 Development LLC 0280-171-07 GWS #8 Development LLC 0280-171-08 GWS #8 Development LLC 0280-171-09 GWS #8 Development LLC 0280-171-10 GWS #8 Development LLC 0280-171-11 GWS #8 Development LLC 0280-161-15 GWS #8 Development LLC 0280-161-16 GWS #8 Development LLC 0280-161-03 GWS #8 Development LLC 0280-161-30 GWS #8 Development LLC 0280-161-18 GWS #8 Development LLC 0280-161-17 GWS #8 Development LLC 0280-151-27 GWS #8 Development LLC 0280-151-28 GWS #8 Development LLC 0280-161-05 GWS #8 Development LLC 0280-161-06 GWS #8 Development LLC 0280-161-07 GWS #8 Development LLC 0280-161-08 GWS #8 Development LLC 0280-161-09 GWS #8 Development LLC 0280-161-10 GWS #8 Development LLC 0280-161-11 GWS #8 Development LLC 0280-161-12 GWS #8 Development LLC 0280-161-13 GWS #8 Development LLC 0280-161-14 GWS #8 Development LLC Packet Page. 697 EXHIBIT B DESCRIPTION OF AUTHORIZED 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 tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B 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. Packet Page. 698 EXHIBIT C City of San Bernardino 1 Community Facilities District No. 2019-1 (Maintenance Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County. Packet Page. 699 City of San Bernardino 2 Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). “City” means the City of San Bernardino. “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino. “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable. “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1. Packet Page. 700 City of San Bernardino 3 Community Facilities District No. 2019-1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1. “Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit. “Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel. “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds. Packet Page. 701 City of San Bernardino 4 Community Facilities District No. 2019-1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required. "Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD. "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property. B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator. C. MAXIMUM SPECIAL TAX RATES For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs. For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Packet Page. 702 City of San Bernardino 5 Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs. 1. Special Tax A a. Developed Property (i) Maximum Special Tax A The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below: TABLE 1 MAXIMUM SPECIAL TAX A RATES DEVELOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax A 1 TR 17170 Single Family Residential Property RU $961 (ii) Increase in the Maximum Special Tax A On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below: Packet Page. 703 City of San Bernardino 6 Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2 MAXIMUM SPECIAL TAX A RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax A 1 TR 17170 Single Family Residential RU $961 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX A RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax A 1 TR 17170 Acre $4,338 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. 2. Special Tax B (Contingent) The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances: (a) The POA files for bankruptcy; (b) The POA is dissolved; (c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property (i) Maximum Special Tax B (Contingent) Packet Page. 704 City of San Bernardino 7 Community Facilities District No. 2019-1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below: TABLE 4 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES DEVELOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Single Family Residential Property RU $0 (ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below: TABLE 5 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Single Family Residential Property RU $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Packet Page. 705 City of San Bernardino 8 Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Acre $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows: First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone; Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property. 2. Special Tax B (Contingent) Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Page. 706 City of San Bernardino 9 Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement; Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A. F. DURATION OF SPECIAL TAX For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided. For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided. G. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator. H. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s). Packet Page. 707 City of San Bernardino 10 Community Facilities District No. 2019-1 (Maintenance Services) I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. Packet Page. 708 City of San Bernardino 11 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) COST ESTIMATE Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1. TAX ZONE 45 PM 20412 Item Description Estimated Cost 1 Landscaping $1,709 2 Lighting $8,564 3 Streets $11,858 4 Reserves $3,320 5 Admin $2,463 Total $27,913 Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may have Special Tax B Contingent Services being provided. TAX ZONE 45 FY 2023-24 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY AND APPROVED PROPERTY Land Use Category Taxable Unit Maximum Special Tax A Maximum Special Tax B Non-Residential Property Acre $1,826 $0 TAX ZONE 45 FY 2023-24 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Taxable Unit Maximum Special Tax A Maximum Special Tax B Acre $1,826 $0 Packet Page. 709 City of San Bernardino 12 Community Facilities District No. 2019-1 (Maintenance Services) TAX ZONE SUMMARY Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined 27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613, 4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC 35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California Corporation 39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC Packet Page. 710 City of San Bernardino 13 Community Facilities District No. 2019-1 (Maintenance Services) Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider 43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC 44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC 45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. Packet Page. 711 City of San Bernardino 14 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED 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; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment. 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. Packet Page. 712 City of San Bernardino 15 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX C CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Page. 713 EXHIBIT D SHEET 1 OF 1 SHEETANNEXATION MAP NO. 45 COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES), OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE THIS MAP WAS FILED UNDER DOCUMENT _____________, THIS _______ DAY OF _______, 20 ____, AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____, AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT OF $_____________. NUMBER THE BOUNDARIES OF WHICH COMMUNITY FACILITIES DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP THEREOF WHICH WAS PREVIOUSLY RECORDED ON JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. CHRIS WILHITE ASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________ DEPUTY RECORDER I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN 0280-151-27 BERNARDINO AT ON THE ____ DAY OF ____________________, A REGULAR MEETING THEREOF, HELD 20 ____.0280-151-28BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____. 0280-171-05 0280-171-04 0280-171-03 0280-171-02 0280-171-07 0280-171-08 0280-171-09 0280-171-10 0280-171-11 0280-161-03 0280-161-15 0280-161-17 _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO 45 0280-161-30 0280-171-06 0280-161-16 þ 18 þ 330 ¤ 66 þ 210þ 259 0280-171-01þ 0 ¤ 66 LEGEND ¤ 66 ANNEXATION AREA BOUNDARY PARCEL LINE CFD 2019-1 TAX ZONE 45 §¦ _215 þ 38 CITY BOUNDARY§¦ 10 XXXX-XXX-XX 45 ASSESSOR PARCEL NUMBER TAX ZONE-THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2023-24. Packet Page. 714 Packet Page. 715 EXHIBIT E PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1.The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district. 2.The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition. 3.The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4.The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting. 5.Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code. 6.The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to Packet Page. 716 annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure. IN WITNESS WHEREOF, I hereunto set my hand this _ꢀ_ꢁ__ day of _ _)_H_E_UX_D_U_\__, 20_ꢀ_ꢂ_. OWNER'S PROPERTY: TRACT MAP OR PARCEL MAP NO. or PROJECT NO.PM 20412 OWNER'S MAILING ADDRESS: _9__0_1_ _V_i_a_P__i e__m_o__n_te__,_S_u__it_e_1__7_5_,_O_ _n_t_a_t_io_,__C_A__91764 __________________________________________ __________________________________________ FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS ____ DAY OF __________, 20___. _____________________________________ City Clerk of the City Council of the City of San Bernardino Packet Page. 717 INSERT EXHIBIT A: BOUNDARY DESCRIPTION (Provide Legal Description) Packet Page. 718 Order Number: NCS-1109250-ONT1 Page Number: 7 LEGAL DESCRIPTION Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: PARCEL A: (APNS: 0280-171-01-0-000, 0280-171-02-0-000, 0280-171-03-0-000, 0280-171-04-0-000, 0280-171-05-0-000; 0280-171-06-0-000, 0280-171-07-0-000, 0280-171-08-0-000, 0280-171-09-0-000, 0280-171-10-0-000, 0280-171-11-0-000, 0280-161-15-0-000, 0280-161-16-0-000, 0280-161-03-0-00, 0280-161-30-0-000, 0280-161-18-0-000, 0280-161-17-0-000, 0280-161-05-0-000, 0280-161-06-0-000, 0280-161-07-0-000, 0280-161-08-0-000, 0280-161-09-0-000, 0280-161-10-0-000, 0280-161-11-0-000, 0280-161-12-0-000, 0280-161-13-0-000 AND 0280-161-14-0-000) PARCEL 1 OF PARCEL MAP NO. 20412, RECORDED DECEMBER 19, 2023, ON FILE IN BOOK 262, PAGES 62 THROUGH 66, INCLUSIVE, OF MAPS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERALS OF EVERY KIND AND CHARACTER CONVEYED TO NORTEX MINERALS NO. 2, L.P., A TEXAS LIMITED PARTNERSHIP BY GRANT DEED RECORDED OCTOBER 22, 2018 AS INSTRUMENT NO. 2018-0436225 OF OFFICIAL RECORDS. PARCEL B: (APNS: 0280-151-27-0-000 AND 0280-151-28-0-000) PARCEL 2 OF PARCEL MAP NO. 20412, RECORDED DECEMBER 19, 2023, ON FILE IN BOOK 262, PAGES 62 THROUGH 66, INCLUSIVE, OF MAPS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER CONVEYED TO NORTEX MINERALS NO. 2, L.P., A TEXAS LIMITED PARTNERSHIP BY GRANT DEED RECORDED SEPTEMBER 30, 2020 AS INSTRUMENT NO. 2020-0371078 OF OFFICIAL RECORDS. First American Title Insurance Company Packet Page. 719 INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP (Please Provide a Current Parcel Map) Packet Page. 720 Packet Page. 721 Packet Page. 722 Packet Page. 723 Packet Page. 724 Packet Page. 725 EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 45) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on April 17, 2024 adopted its Resolution No. 2024-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 4:00 p.m., or as soon thereafter as practicable, Wednesday, June 5, 2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the June 5, 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002. DATED: ____________, 2024 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2024 Packet Page. 726 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 45 (June 5, 2024) 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) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes GWS #8 Development, LLC 15.29 16 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” 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 May 22, 2024, 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 4:00 p.m. on June 5, 2024, at the Clerk’s office at 201 N. “E” 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 June 5, 2024. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Page. 727 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): GWS #8 Development, LLC Attn: Scott Morse 901 Via Piemonte, Suite 175 Ontario, CA 91764 0280-171-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, -11, 0280-161-03, -05, -06, -07, -08, -09, -10, -11, -12, -13, -14, -15, -16, -17, -18, -30, 0280-151-27, 0280-151-28 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rate set forth in the following table: Land Use Category Taxable Unit Maximum Special Tax A Non-Residential Property Acre $1,826 plus an annual increase on each July 1, commencing on July 1, 2024 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside - San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 45 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including landscaping, lighting, and streets, as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-__ adopted by the City Council of the City of San Bernardino on April 17, 2024, and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ 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__. Scott Morse Vice President Signature Print Name Title Packet Page. 728 EXHIBIT H Packet Page. 729 CE NTRAL AV E FOISY ST DR AKE DR NORMAN RD DU M AS S T C LE VENGER D R EN NI S ST LENA RD LANCOLN AVE VALLEY VIEW AVE WATER M AN AVE WASHINGTON AVE AM O S AV E ORANG E SHOW RD ^_ MIL L ST SPRUCE ST SIERRA WAYNINTH ST 2ND S T MAGNOLIA AVE ORANGE SHOW RD 4TH ST RANCHO AVE BASE LINE ST SECOND S T PEPPER AV CEDAR AVE TIPPECANOE ST CENTRAL AVE MERIDIAN AVE SAN BERNARDINO AVE NORMAN R D PENNSYLVANIA AVE WATERMAN AVE CITRUS AVE ACADEMY ST MT.VIEW AVE COLTON AVE REDLANDS BLVD MIL L ST §¨¦10 §¨¦215 £¤66 CFD N O. 2019-1 (M AINTEN ANCE SERVICES)ANNEXATION NO. 45 PROJECT MAP Packet Page. 730 1 9 6 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Joshua Dramitinos, Deputy Director of Economic Development Department:Economic Development Subject:Adoption of Ordinance No. MC-1634 (Annexation 37) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1634 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). Executive Summary The recommended action is the final step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impact for maintenance service of public facilities resulting from the new development. The Public Hearing was held on April 3, 2024, approving the annexation and the first reading of the Ordinance was conducted. The special taxes will be levied annually to offset General Fund expenditures related to maintenance of public improvements within and for the benefit of the development. Background On February 21, 2024, the Mayor and City Council adopted Resolution No. 2024-030, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” On April 3, 2024, the Mayor and City Council adopted Resolution No. 2024-063 calling an election to submit to the qualified electors the question of levying a special tax within Packet Page. 731 1 9 6 2 the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 37), and adopted Resolution No. 2024-064 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 37). Discussion On April 3, 2024, Ordinance No. MC-1634 was introduced for first reading to the Mayor and City Council. The Ordinance is now being returned to the Mayor and City Council for adoption. The Ordinance will become effective 30 days from the date of adoption. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District have been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1634 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). Attachments Attachment 1 – Ordinance No. MC-1634 (Ordinance Levying Special Taxes) Attachment 2 – Exhibit A – Description of Services Attachment 3 – Exhibit B – Description of Territory Attachment 4 – Project Location Map Ward: Third Ward Synopsis of Previous Council Actions: June 5, 2019, Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” Packet Page. 732 1 9 6 2 July 17, 2019, Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019, Mayor and City Council conducted the final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. February 21, 2024, Mayor and City Council adopted Resolution No. 2024-030, 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.” April 3, 2024, Mayor and City Council adopted Resolution No. 2024-063 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 37), and adopted Resolution No. 2024-064 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 37); and introduced Ordinance No. MC-1634 amending Ordinance No. MC-1522. Packet Page. 733 Ordinance No. MC-1634 1 4 2 8 7 ORDINANCE NO. MC-1634 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on April 3, 2024, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, Packet Page. 734 Ordinance No. MC-1634 2 4 2 8 7 authorized the levy of a special tax within the District, and called an election within the 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. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2024. Helen Tran, Mayor City of San Bernardino Packet Page. 735 Ordinance No. MC-1634 3 4 2 8 7 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 736 Ordinance No. MC-1634 4 4 2 8 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1634, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 3rd day of April, 2024. Ordinance No. MC-1634 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2024. Genoveva Rocha, CMC, City Clerk Packet Page. 737 EXHIBIT A DESCRIPTION OF AUTHORIZED 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 tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B 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. Packet Page. 738 EXHIBIT B DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 37 is currently comprised of twelve (12) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs). APN Owner Name 0142-621-13 MV RE Holdings LLC 0142-621-14 MV RE Holdings LLC 0142-621-15 MV RE Holdings LLC 0142-621-16 MV RE Holdings LLC 0142-621-17 MV RE Holdings LLC 0142-621-18 MV RE Holdings LLC 0142-621-19 MV RE Holdings LLC 0142-621-20 MV RE Holdings LLC 0142-621-21 MV RE Holdings LLC 0142-621-22 MV RE Holdings LLC 0142-621-23 MV RE Holdings LLC 0142-621-24 MV RE Holdings LLC Packet Page. 739 MACY ST E SPE RANZA ST MILL ST JO HNSTO N AVE WA LNUT ST P OP LAR ST WAT WOOD AVE DALLAS AVE CH ES TN UT S T ATCHISON ST RANCHO AVE IRIS ST STATE ST GRAND AVE ALSTON AVE SUTTER AVE CO LLEGE DR HU FF ST ^_ £¤66 MIL L ST 16TH ST SPRUCE ST SIERRA WAY WATERMAN AVE NINTH ST CAM PUS WAY 2ND ST MAGNOLIA AVE ORANGE SHOW RD 4TH ST RANCHO AVE 17 TH S T BASE LINE ST SECOND S T PEPPER AV CEDAR AVE CENTRAL AVE MERIDIAN AVE SAN BERNARDINO AVE MT VERNON AVEPENNSYLVANIA AVE WATERMAN AVE CITRUS AVE EUCALYPTUS AVE ACADEMY ST MT.VIEW AVE COLTON AVE REDLANDS BLVD MIL L ST ·|}þ259 £¤66 £¤66 £¤66 §¨¦215 §¨¦10 ·|}þ259 ·|}þ210 CFD N O. 2019-1 (M AINTEN ANCE SERVICES)ANNEXATION NO. 37 PROJECT MAP Packet Page. 740 1 9 5 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Joshua Dramitinos, Deputy Director of Economic Development Department:Economic Development Subject:Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 44, Tax Zone No. 44 (Everhome Suites) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-069 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area proposed (Annexation No. 44) and authorizing the levy of special taxes therein. Executive Summary The recommended actions are the first steps of the annexation process for the proposed development into Community Facilities District (“CFD”) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impacts for maintenance service of public facilities as a result of the new development. The special taxes will be levied annually to offset General Fund expenditures related to maintenance of public improvements within and for the benefit of the development. Background On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City. Packet Page. 741 1 9 5 0 On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City. Discussion Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Maintenance of median landscaping and other public improvements installed within the public rights-of-way; and 2. Maintenance of streets, including pavement management; and 3. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and 4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed development includes approximately 1.72 gross acres of a parking lot with landscaping, and a dirt lot. The property is located north of E. Harriman Place, immediately north of 898 E. Harriman Place. This development will include a four-story extended stay hotel with 114 rooms and a gross building area of approximately 57,830 square feet as a new Tax Zone No. 44 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing. The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 44), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $1,672 per acre for FY 2023/24 ($2,875.84). Special Tax rate is proposed to escalate each year at the greater Packet Page. 742 1 9 5 0 of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. •Resolution declaring City intent to 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). •Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien. •Amend the Ordinance and order the levy and collection of special taxes in the District. The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $2,875 to be used to pay for maintenance costs. On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for June 5, 2024. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact There is no fiscal impact to the City. All costs associated with annexation into the CFD have been borne by the Developer. Conclusion It is recommended that the Mayor and City Council of San Bernardino, California, adopt Packet Page. 743 1 9 5 0 Resolution No. 2024-069 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 44) and authorizing the levy of a special taxes therein. Attachments Attachment 1 – Resolution of Intention No. 2024-069 Attachment 2 – Exhibit A - Description of Territory Attachment 3 – Exhibit B - Description of Services Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps Attachment 6 – Exhibit E - Signed Petition Attachment 7 – Exhibit F - Notice of Public Hearing Attachment 8 – Exhibit G - Special Election Ballot Attachment 9 – Exhibit H - Maintenance Exhibit Attachment 10 – Project Map Ward: Third Ward Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. July 17, 2019 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. Packet Page. 744 Resolution No. 2024-069 Resolution No. 2024-069 April 17, 2024 Page 1 of 4 4 3 2 2 RESOLUTION NO. 2024-069 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 44) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice and word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District. SECTION 2.Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”. SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may Packet Page. 745 Resolution No. 2024-069 Resolution No. 2024-069 April 17, 2024 Page 2 of 4 4 3 2 2 annex to CFD No. 2019-1 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 44, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D. SECTION 4.Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory. SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C. SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof. SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 4:00 p.m., or as soon thereafter as practicable, on Wednesday, June 5, 2024, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1. SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019- 1. The publication of said notice shall be completed at least seven days prior to the date herein Packet Page. 746 Resolution No. 2024-069 Resolution No. 2024-069 April 17, 2024 Page 3 of 4 4 3 2 2 fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act. SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday, June 5, 2024 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 12. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 747 Resolution No. 2024-069 Resolution No. 2024-069 April 17, 2024 Page 4 of 4 4 3 2 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-069, adopted at a regular meeting held on the 17th day of April 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 18th day of April 2024. Genoveva Rocha, CMC, City Clerk Packet Page. 748 EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 44 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs). APN Owner Name 0281-361-28 Paladin Equity SB LLC Packet Page. 749 EXHIBIT B DESCRIPTION OF AUTHORIZED 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 tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B 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. Packet Page. 750 EXHIBIT C City of San Bernardino 1 Community Facilities District No. 2019-1 (Maintenance Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County. Packet Page. 751 City of San Bernardino 2 Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). “City” means the City of San Bernardino. “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino. “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable. “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1. Packet Page. 752 City of San Bernardino 3 Community Facilities District No. 2019-1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1. “Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit. “Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel. “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds. Packet Page. 753 City of San Bernardino 4 Community Facilities District No. 2019-1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required. "Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD. "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property. B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator. C. MAXIMUM SPECIAL TAX RATES For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs. For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Packet Page. 754 City of San Bernardino 5 Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs. 1. Special Tax A a. Developed Property (i) Maximum Special Tax A The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below: TABLE 1 MAXIMUM SPECIAL TAX A RATES DEVELOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax A 1 TR 17170 Single Family Residential Property RU $961 (ii) Increase in the Maximum Special Tax A On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below: Packet Page. 755 City of San Bernardino 6 Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2 MAXIMUM SPECIAL TAX A RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax A 1 TR 17170 Single Family Residential RU $961 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX A RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax A 1 TR 17170 Acre $4,338 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. 2. Special Tax B (Contingent) The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances: (a) The POA files for bankruptcy; (b) The POA is dissolved; (c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property (i) Maximum Special Tax B (Contingent) Packet Page. 756 City of San Bernardino 7 Community Facilities District No. 2019-1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below: TABLE 4 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES DEVELOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Single Family Residential Property RU $0 (ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below: TABLE 5 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Single Family Residential Property RU $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Packet Page. 757 City of San Bernardino 8 Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Acre $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows: First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone; Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property. 2. Special Tax B (Contingent) Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Page. 758 City of San Bernardino 9 Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement; Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A. F. DURATION OF SPECIAL TAX For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided. For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided. G. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator. H. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s). Packet Page. 759 City of San Bernardino 10 Community Facilities District No. 2019-1 (Maintenance Services) I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. Packet Page. 760 City of San Bernardino 11 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) COST ESTIMATE Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1. TAX ZONE 44 PM 18704 Item Description Estimated Cost 1 Landscaping $775 2 Streets $182 3 Drainage $674 4 Reserves $245 5 Admin $1,000 Total $2,875 Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may have Special Tax B Contingent Services being provided. TAX ZONE 44 FY 2023-24 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY AND APPROVED PROPERTY Land Use Category Taxable Unit Maximum Special Tax A Maximum Special Tax B Non-Residential Property Acre $1,672 $0 TAX ZONE 44 FY 2023-24 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Taxable Unit Maximum Special Tax A Maximum Special Tax B Acre $1,672 $0 Packet Page. 761 City of San Bernardino 12 Community Facilities District No. 2019-1 (Maintenance Services) TAX ZONE SUMMARY Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined 27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613, 4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC 35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California 39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC 43 43 TR 20527 2023-24 $4,518 / Acre $0 / Acre Gateway SB LLC Packet Page. 762 City of San Bernardino 13 Community Facilities District No. 2019-1 (Maintenance Services) Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider 44 44 PM 18704 2023-24 $1,672 / Acre $0 Paladin Equity SB LLC ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. Packet Page. 763 City of San Bernardino 14 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED 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; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment. 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. Packet Page. 764 City of San Bernardino 15 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX C CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Page. 765 EXHIBIT D SHEET 1 OF 1 SHEETANNEXATION MAP NO. 44 COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES), OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE THIS MAP WAS FILED UNDER DOCUMENT _____________, THIS _______ DAY OF _______, 20 ____, AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____, AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT OF $_____________. NUMBER THE BOUNDARIES OF WHICH COMMUNITY FACILITIES DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP THEREOF WHICH WAS PREVIOUSLY RECORDED ON JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. CHRIS WILHITE ASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________ DEPUTY RECORDER I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO AT ON THE ____ DAY OF ____________________, A REGULAR MEETING THEREOF, HELD 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO 44 0281-361-28FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO þ 18 þ 330 ¤ 66 þ 210þ 259þ 0 ¤ 66 LEGEND ¤ 66 ANNEXATION AREA BOUNDARY PARCEL LINE§¦ 215 CFD 2019-1 TAX ZONE 44_þ 38 CITY BOUNDARY§¦ 10 XXXX-XXX-XX 44 ASSESSOR PARCEL NUMBER TAX ZONE-THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2023-24. Packet Page. 766 Packet Page. 767 EXHIBIT E Packet Page. 768 Packet Page. 769 Packet Page. 770 Packet Page. 771 Packet Page. 772 Packet Page. 773 Packet Page. 774 Packet Page. 775 Packet Page. 776 EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 44) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on April 17, 2024 adopted its Resolution No. 2024-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 4:00 p.m., or as soon thereafter as practicable, Wednesday, June 5, 2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the June 5, 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002. DATED: ____________, 2024 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2024 Packet Page. 777 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 44 (June 5, 2024) 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) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Paladin Equity SB LLC 1.72 2 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” 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: Personal Delivery: If by mail, place ballot in the return envelope provided, and mail no later than May 22, 2024, 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. If in person, deliver to the City Clerk at any time up to 4:00 p.m. on June 5, 2024, at the Clerk’s office at 201 N. “E” 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 June 5, 2024. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Page. 778 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Paladin Equity SB LLC Attn: Midi Kimura 2600 Mission Street, Suite 203 San Marino, CA 91108 0281-361-28 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rate set forth in the following table: Land Use Category Taxable Unit Maximum Special Tax A Non-Residential Property Acre $1,672 plus an annual increase on each July 1, commencing on July 1, 2024 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 44 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including landscaping, streets, and drainage as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-__ adopted by the City Council of the City of San Bernardino on March 20, 2024 (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? YES _________ NO _________ 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__. Midi Kimura Managing Director Signature Print Name Title Packet Page. 779 EXHIBIT H Packet Page. 780 GAGE CL HOSPITALITY LN ORCH ARD DR H A R R I M A N P L ^_ MIL L ST SPRUCE ST SIERRA WAYNINTH ST 2ND S T MAGNOLIA AVE ORANGE SHOW RD 4TH ST RANCHO AVE BASE LINE ST SECOND S T PEPPER AV CEDAR AVE TIPPECANOE ST CENTRAL AVE MERIDIAN AVE SAN BERNARDINO AVE NORMAN R D PENNSY LVANIA AVE WATERMAN AVECITRUS AVE ACADEMY ST MT.VIEW AVE COLTON AVE REDLANDS BLVD MIL L ST §¨¦10 §¨¦215 £¤66 CFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 44 PROJECT MAP Packet Page. 781 1 9 4 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Joshua Dramitinos, Deputy Director of Economic Development Department:Economic Development Subject:Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 43, Tax Zone No. 43 (Quick Quack 5th and G) (Ward 1) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-068 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area proposed (Annexation No. 43); and authorizing the levy of special taxes therein. Executive Summary The recommended actions are the first step of the annexation process for the proposed development into Community Facilities District (“CFD”) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impacts for maintenance service of public facilities resulting from the new development. The special taxes will be levied annually to offset General Fund expenditures related to maintenance of public improvements within and for the benefit of the development. Background On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 initiating the formation of Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City. Packet Page. 782 1 9 4 9 On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City. Discussion Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and 2. Maintenance of streets, including pavement management; and 3. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed development includes approximately 1.31 gross acres of a vacant lot. The property is located at the southeast corner of 5th Street and G Street. At build out, this development will include a 3,596 square-foot Quick Quack Car Wash building and a smaller building for employee use as a new Tax Zone No. 43 within CFD No. 2019- 1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. To annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing. The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 43), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $7,172 per acre for FY 2023/24. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD. Packet Page. 783 1 9 4 9 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). •Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien. •Amend the Ordinance and order the levy and collection of special taxes in the District. The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $9,323 to be used to pay for maintenance costs. On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for June 5, 2024. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact There is no fiscal impact to the City. All costs associated with annexation into the CFD have been borne by the Developer. Conclusion It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-068 of the Mayor and City Council of San Bernardino, California, Packet Page. 784 1 9 4 9 declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area proposed (Annexation No. 43); and authorizing the levy of special taxes therein. Attachments Attachment 1 – Resolution of Intention No. 2024-068 Attachment 2 – Exhibit A - Description of Territory Attachment 3 – Exhibit B - Description of Services Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps Attachment 6 – Exhibit E - Signed Petition Attachment 7 – Exhibit F - Notice of Public Hearing Attachment 8 – Exhibit G - Special Election Ballot Attachment 9 – Exhibit H - Maintenance Exhibit Attachment 10 – Project Map Ward: First Ward Synopsis of Previous Council Actions: June 5, 2019, Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. 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. Packet Page. 785 Resolution No. 2024-068 Resolution No. 2024-068 April 17, 2024 Page 1 of 4 RESOLUTION NO. 2024-068 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 43) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice and word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District. SECTION 2.Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”. SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may Packet Page. 786 Resolution No. 2024-068 Resolution No. 2024-068 April 17, 2024 Page 2 of 4 annex to CFD No. 2019-1 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 43, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D. SECTION 4.Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory. SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C. SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof. SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 5:00 p.m., or as soon thereafter as practicable, on Wednesday, June 5, 2024, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1. SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019- 1. The publication of said notice shall be completed at least seven days prior to the date herein Packet Page. 787 Resolution No. 2024-068 Resolution No. 2024-068 April 17, 2024 Page 3 of 4 fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act. SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday, June 5, 2024 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 12. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 788 Resolution No. 2024-068 Resolution No. 2024-068 April 17, 2024 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-068, adopted at a regular meeting held on the 17th day of April 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 18th day of April 2024. Genoveva Rocha, CMC, City Clerk Packet Page. 789 EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 43 is currently comprised of six (6) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs). APN Owner Name 0134-101-28 Gateway SB LLC 0134-101-02 Gateway SB LLC 0134-101-03 Gateway SB LLC 0134-101-04 Gateway SB LLC 0134-101-05 Gateway SB LLC 0134-101-06 Gateway SB LLC Packet Page. 790 EXHIBIT B DESCRIPTION OF AUTHORIZED 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 tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B 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. Packet Page. 791 EXHIBIT C City of San Bernardino 1 Community Facilities District No. 2019-1 (Maintenance Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County. Packet Page. 792 City of San Bernardino 2 Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). “City” means the City of San Bernardino. “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino. “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable. “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1. Packet Page. 793 City of San Bernardino 3 Community Facilities District No. 2019-1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1. “Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit. “Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel. “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds. Packet Page. 794 City of San Bernardino 4 Community Facilities District No. 2019-1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required. "Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD. "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property. B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator. C. MAXIMUM SPECIAL TAX RATES For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs. For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Packet Page. 795 City of San Bernardino 5 Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs. 1. Special Tax A a. Developed Property (i) Maximum Special Tax A The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below: TABLE 1 MAXIMUM SPECIAL TAX A RATES DEVELOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax A 1 TR 17170 Single Family Residential Property RU $961 (ii) Increase in the Maximum Special Tax A On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below: Packet Page. 796 City of San Bernardino 6 Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2 MAXIMUM SPECIAL TAX A RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax A 1 TR 17170 Single Family Residential RU $961 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX A RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax A 1 TR 17170 Acre $4,338 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. 2. Special Tax B (Contingent) The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances: (a) The POA files for bankruptcy; (b) The POA is dissolved; (c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property (i) Maximum Special Tax B (Contingent) Packet Page. 797 City of San Bernardino 7 Community Facilities District No. 2019-1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below: TABLE 4 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES DEVELOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Single Family Residential Property RU $0 (ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below: TABLE 5 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Single Family Residential Property RU $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Packet Page. 798 City of San Bernardino 8 Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Acre $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows: First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone; Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property. 2. Special Tax B (Contingent) Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Page. 799 City of San Bernardino 9 Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement; Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A. F. DURATION OF SPECIAL TAX For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided. For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided. G. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator. H. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s). Packet Page. 800 City of San Bernardino 10 Community Facilities District No. 2019-1 (Maintenance Services) I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. Packet Page. 801 City of San Bernardino 11 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) COST ESTIMATE Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1. TAX ZONE 43 TR 20527 Item Description Estimated Cost 1 Lighting $3,288 2 Streets $3,950 3 Reserves $1,086 4 Admin $1,000 Total $9,323 Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may have Special Tax B Contingent Services being provided. TAX ZONE 43 FY 2023-24 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY AND APPROVED PROPERTY Land Use Category Taxable Unit Maximum Special Tax A Maximum Special Tax B Non-Residential Property Acre $7,172 $0 TAX ZONE 43 FY 2023-24 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Taxable Unit Maximum Special Tax A Maximum Special Tax B Acre $7,172 $0 Packet Page. 802 City of San Bernardino 12 Community Facilities District No. 2019-1 (Maintenance Services) TAX ZONE SUMMARY Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined 27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613, 4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC 35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California 39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC 43 43 TR 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC Packet Page. 803 City of San Bernardino 13 Community Facilities District No. 2019-1 (Maintenance Services) Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider 44 44 PM 18704 2023-24 $1,672 / Acre $0 Paladin Equity SB LLC ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. Packet Page. 804 City of San Bernardino 14 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED 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; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment. 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. Packet Page. 805 City of San Bernardino 15 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX C CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Page. 806 EXHIBIT D SHEET 1 OF 1 SHEETANNEXATION MAP NO. 43 COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES), OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE THIS MAP WAS FILED UNDER DOCUMENT _____________, THIS _______ DAY OF _______, 20 ____, AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____, AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT OF $_____________. NUMBER THE BOUNDARIES OF WHICH COMMUNITY FACILITIES DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP THEREOF WHICH WAS PREVIOUSLY RECORDED ON JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. CHRIS WILHITE ASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________ DEPUTY RECORDER I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO AT ON THE ____ DAY OF ____________________, A REGULAR MEETING THEREOF, HELD 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____.43 0134-101-28_________________________________________ CITY CLERK, CITY OF SAN BERNARDINO þ 18 þ 330 ¤ 66 þþ 259 210þ 0 ¤ 66 LEGENDCFD 2019-1 TAX ZONE 43_¤ 66 ANNEXATION AREA BOUNDARY PARCEL LINE§¦ 215 þ 38 CITY BOUNDARY§¦ 10 XXXX-XXX-XX 43 ASSESSOR PARCEL NUMBER TAX ZONE-THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2023-24. Packet Page. 807 Packet Page. 808 PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district. 2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition. 3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting. 5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code. 6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to Packet Page. 809 annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure. IN WITNESS WHEREOF, I hereunto set my hand this ____ day of __________, 20___. [NAME OF LANDOWNER] By: _____________________________________ Name: Title: OWNER'S PROPERTY: TRACT MAP OR PARCEL MAP NO. or PROJECT NO. OWNER'S MAILING ADDRESS: __________________________________________ __________________________________________ __________________________________________ FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS ____ DAY OF __________, 20___. _____________________________________ City Clerk of the City Council of the City of San Bernardino Packet Page. 810 INSERT EXHIBIT A: BOUNDARY DESCRIPTION Packet Page. 811 © Packet Page. 812 © Packet Page. 813 INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP Packet Page. 814 WITNESS MY HAND. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ON _________________________________ , BEFORE ME, __________________________________________________, NOTARY PUBLIC, PERSONALLY APPEARED ________________________________________, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. SIGNATURE: _____________________________________MY PRINCIPAL PLACE OF BUSINESS SIGNATURE IS IN ____________________COUNTY ______________________________MY COMMISSION EXPIRES ______________ NAME PRINTED COMMISSION NUMBER _________________ NOTARY ACKNOWLEDGMENT: ) ) SS ) OWNER'S STATEMENT: WE HEREBY STATE THAT WE ARE THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND SUBDIVIDED AS SHOWN ON THIS MAP, AND WE HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS PARCEL MAP. WE HEREBY DEDICATE TO THE CITY OF SAN BERNARDINO FOR STREET AND PUBLIC UTILITY PURPOSES THAT PORTION OF "G" STREET AND FIFTH STREET AS SHOWN ON THIS PARCEL MAP. WE HEREBY GRANT AN EASEMENT TO THE CITY OF SAN BERNARDINO FOR SIDEWALK PURPOSES THAT PORTION OF PARCEL 1 AS SHOWN ON THIS PARCEL MAP. GATEWAY SB, LLC, A CALIFORNIA LIMITED LIABILTY COMPANY BY: NAME: JIAN TORKAN POSITION: MANAGER IN THE CITY OF SAN BERNARDINO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA SHEET 1 OF 3 SHEETSNUMBER OF PARCELS: 1 GROSS AREA = 1.300 ACRES NET AREA = 1.211 ACRES SURVEYOR'S STATEMENT: THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF C3 CIVIL ENGINEERING IN MAY, 2023. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN THOSE POSITIONS WITHIN 24 MONTHS AFTER RECORDATION DATE OF THIS MAP, AND THAT THE MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED AND THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. PETER T. GRAY, P.L.S. NO. 9435 DATE EXPIRATION DATE: 03-31-2025 CITY ENGINEER'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND, AND THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED REVISIONS THERETO, AND THAT ALL THE PROVISIONS OF THE SUBDIVISION MAP ACT AND THE CITY OF SAN BERNARDINO MUNICIPAL CODE HAVE BEEN COMPLIED WITH. BY:___________________________________________________ SUSAN J. PAN, RCE 42754 DATE ACTING DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER ACCEPTANCE CERTIFICATE: THE UNDERSIGNED OFFICER, ON BEHALF OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNDARINO, PURSUANT TO AUTHORITY CONFERRED BY SECTION 19.02.040 (6) (G,H) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE, HEREBY APPROVES THIS MAP AND ACCEPTS THE OFFER OF DEDICATION FOR STREET AND PUBLIC UTILITY PURPOSES OF "G" STREET AND FIFTH STREET AND EASEMENT FOR SIDEWALK PURPOSES AS SHOWN ON THIS MAP. BY:___________________________________________________ SUSAN J. PAN, RCE 42754 DATE ACTING DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR'S CERTIFICATE: I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THE OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE REAL PROPERTY SHOWN UPON THIS MAP FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS, NOT YET PAYABLE, ESTIMATED TO BE:_________________. ENSEN MASON AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR SAN BERNARDINO COUNTY BY:__________________________________________________ DEPUTY DATE BOARD OF SUPERVISOR'S CERTIFICATE: I HEREBY CERTIFY THAT A BOND IN THE SUM OF ______________ HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISOR'S SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, (STATE, COUNTY, MUNICIPAL OR LOCAL), AND ALL SPECIAL ASSESSMENTS, COLLECTED AS TAXES WHICH AT THE TIME OF FILING OF THIS MAP WITH SAN BERNARDINO COUNTY ASSESSOR-RECORDER-COUNTY CLERK ARE A LIEN AGAINST SAID PROPERTY, BUT NOT YET PAYABLE AND THAT THE SUBDIVIDER HAS FILED WITH ME A CERTIFICATE BY THE PROPER OFFICER GIVING HIS ESTIMATE OF THE AMOUNT OF SAID TAXES AND SPECIAL ASSESSMENTS, AND SAID BOND IS HEREBY ACCEPTED. LYNNA MONELL, CLERK OF THE BOARD OF SUPERVISOR'S SAN BERNARDINO COUNTY BY:___________________________________________________ DEPUTY DATE SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE: THIS MAP AS BEEN FILED UNDER DOCUMENT NUMBER ______________________________________, THIS ______ DAY OF ____________, 20___, AT ________ IN BOOK ___________________ OF MAPS AT PAGE(S) __________________, AT THE REQUEST OF _______________________________, IN THE AMOUNT OF $__________________. CHRIS ASSESSOR-RECORDER/CLERK SAN BERNARDINO COUNTY BY:__________________________________________________ DEPUTY PARCEL MAP NO. 20527 BEING A SUBDIVISION OF PORTIONS OF LOTS 5, 6, AND 7 IN BLOCK 27, AS SHOWN ON PLAN OF THE CITY OF SAN BERNARDINO, CAL., AS PER MAP RECORDED IN BOOK 7, PAGE 1 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY. DRG, INC. DATE OF SURVEY: MAY 2023 10-06-2023 LOT CONSOLIDATION PURPOSES CITY SURVEYOR'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT IF CONFORMS WITH TH EMAPPING PROVISIONS OF THE SUBDIVISION MAP ACT AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. BY:______________________________________________________________ DAVID W. KROMMENHOEK, PLS 9455 DATE BASIS OF BEARINGS: THE CENTERLINE OF "G" STREET BETWEEN 5TH STREET AND 4TH STREET, BEING N00°10'30"W PER PARCEL MAP NO. 7152, P.M.B. 76/4-5 Packet Page. 815 PARCEL MAP NO. 7152 P.M.B. 76/4-5 PARCEL 1 INST. NO. 2006-0536309 REC. 08/07/2006, O.R. FD. 1" I.P. ILLEGIBLE DOWN 0.3' PER P.M. NO. 20216 P.M.B. 258/66-67 ACCEPTED AS C/L INT. C/L 5TH STREET EST. BY INT. OF 5TH STREET TO THE EAST AND "F' STREET TO THE SOUTH - SEE DETAIL "B" ACCEPTED AS C/L INT. N89°49'06"W 681.70' (N89°49'22"W 681.67') N0 0 ° 0 2 ' 0 5 " W 6 8 0 . 8 0 ' [ N 0 0 ° 0 0 ' 1 0 " E 6 8 0 . 8 2 ' ] < N 0 0 ° 0 0 ' 3 7 " E 6 8 0 . 8 2 ' > N89°54'31"W 679.70' (N89°54'34"W 679.68') N 0 0 ° 1 0 ' 3 0 " W 6 8 1 . 3 6 ' ( N 0 0 ° 1 0 ' 3 0 " W 6 8 1 . 4 0 ' ) N0 0 ° 1 0 ' 5 3 " W 6 8 0 . 1 8 ' N89°55'35"W 680.00' [N89°53'25"W 680.01'] 18 9 . 7 4 ' ( 1 8 9 . 7 4 ' ) 48 9 . 4 9 ' [ 4 8 9 . 7 0 ' ] <N89°55'29"W 679.61'> ((N89°46'48"E 679.62')) 14 8 . 4 9 ' { 1 4 8 . 6 7 ' } N89°49'06"W 599.08' 14 9 . 8 9 ' 220.00' {220.00'}379.08' 19 1 . 1 4 ' ( 1 9 1 . 2 4 ' ) N0 0 ° 0 0 ' 2 4 " E 1 8 9 . 7 3 ' N89°52'11"E 258.60' (N89°50'42"E 258.61')180.05' (180.00') 14 9 . 4 3 ' [ 1 4 9 . 4 8 ] < 1 4 9 . 4 9 ' > 420.45'261.25' 14 8 . 4 8 ' { 1 4 8 . 6 7 ' } N89°49'06"W 161.29' (N89°49'22"W 161.25') C / L " G " S T R E E T C / L " F " S T R E E T C / L " E " S T R E E T SNF - EST. BY TIES PER C.R. 221-025 ACCEPTED AS C/L INT. - SEE DETAIL "A" FD. MAG NAIL FLUSH NO REF. FITS TIES PER C.R. 182-058 ACCEPTED AS C/L INT. -SET 1"X30" I.P. FLUSH WITH LEAD TAG STAMPED "LS 9735 FD. MANHOLE WITH 4 L&T X-TIES PER C.R. 221-041 - FITS TIES PER C.R. 311-108 - ACCEPTED AS C/L INT. FD. L&T TAGGED "LS 5390" PER R.S.B. 164/54 - FITS TIES PER C.R. 311-109 - ACCEPTED AS C/L INT. FD. 1" I.P. TAGGED "RCE 23971" PER P.M.B. 186/14-15 & R.S.B. 164/54 DOWN 0.3' - ACCEPTED AS POINT ON E'LY LINE "F" ST. 41.25' 41.25' 41.25'41.25' 41.25'41.25' 41.25' 41.25' 41.25' 41 . 2 5 ' 41 . 2 5 ' 41 . 2 5 ' 41 . 2 5 ' 41 . 2 5 ' 41 . 2 5 ' 41 . 2 5 ' C/L EST. BY HOLDING L&T TAGGED "LS 5390" AT C/L "E' STREET AND 1" I.P. TAGGED "RCE 23971" ON S'LY LINE 5TH STREET C/L 4TH STREET N89°58'11"W 597.19' [N89°55'29"W 597.14'] <N89°55'29"W 597.23'> N89°58'11"W 679.67' [N89°55'29"W 679.62'] FD. BRASS DISK IN WELL MONUMENT PER C.R. 221-025, DOWN 0.7' (( N 0 0 ° 0 0 ' 0 0 " W 6 8 0 . 0 9 ' ) ) N0 0 ° 1 0 ' 5 3 " W 3 1 2 . 2 0 ' C/L EST. BY HOLDING MAG NAIL AT C/L 4TH STREET AND 1" I.P. TAGGED "RCE 23971" ON E'LY LINE "F" STREET FD. 1" I.P. TAGGED "RCE 23971" PER P.M.B. 186/14-15 & R.S.B. 164/54 - ACCEPTED AS POINT ON S'LY LINE "F" ST. PARCEL MAP NO. 15038 P.M.B. 186/14-15 158.57' [158.57'] <158.57'> N0 0 ° 0 0 ' 2 4 " W 5 9 7 . 8 1 ' [ N 0 0 ° 0 2 ' 0 8 " E 5 9 7 . 9 3 ' ] N89°55'35"W 597.48' [N89°53'25"W 597.49'] N0 0 ° 0 2 ' 0 5 " W 5 9 8 . 2 7 ' [ N 0 0 ° 0 0 1 0 " E 5 9 8 . 3 0 ' ] SNF N89°54'31"W 597.32' (N89°54'34"W 597.36') N 0 0 ° 1 0 ' 3 0 " W 5 9 8 . 8 0 ' 44 8 . 9 0 ' ( N 0 0 ° 1 0 ' 3 0 " W 4 4 8 . 9 4 ' ) N0 0 ° 0 0 ' 2 4 " W 5 9 7 . 8 5 ' 44 9 . 3 6 ' ( N 0 0 ° 0 0 ' 2 8 " W 4 4 9 . 4 0 ' ) 49 0 . 2 2 ' ( 4 9 0 . 1 6 ' ) 49 0 . 5 4 ' ( 4 9 0 . 6 2 ' ) FD. 1" I.P. TAGGED "LS 3035" 0.03' W PER P.M. NO. 7152 P.M.B. 76/4-5 DOWN 0.3' SNF FD. 1" I.P. TAGGED "LS 3035", NO REFERENCE PER P.M. NO. 7152 P.M.B. 76/4-5 DOWN 1.2' 41 . 2 5 ' FD. 1" I.P. TAGGED "LS 3035" IN LIEU OF 1" I.P. TAGGED "LS 2380, NO REFERENCE PER P.M. NO. 7152 P.M.B. 76/4-5 DOWN 0.4' FD. 1" I.P. TAGGED "LS 3035" PER P.M. NO. 7152 P.M.B. 76/4-5 DOWN 0.6' 220.00' (220.00') {220.00'}41.25' 39 . 9 5 ' ( 4 0 . 0 0 ' ) N89°49'00"W 261.25' (N89°49'22"W 261.25') SNF S'LY LINE OF PARCELS 14 TO 19, INCLUSIVE OF INST. NO. 2021-0346596 REC. 08/02/2021, O.R. - EST. BY FOUND MONUMENTS PER P.M. NO. 7152 P.M.B. 76/4-5120.04'41.25' 41 . 2 5 ' 41 . 2 5 ' SNFSNF 35 3 . 3 0 ' N0 0 ° 0 0 ' 2 4 " W 6 8 0 . 2 8 ' ( N 0 0 ° 0 0 ' 2 8 " W 6 8 0 . 3 6 ' ) [ N 0 0 ° 0 2 ' 0 8 " E 6 8 0 . 4 1 ' ] 19 0 . 7 9 ' [ 1 9 0 . 7 3 ' ] RECORD OF SURVEY NO. 18-0118 R.S.B. 164-54 41 . 2 5 ' ( 4 1 . 2 5 ' ) 94. 3 4 ' ( 9 4 . 6 2 ' ) 133.71' (133.75') 72.24' (72.26') T / O 61.47' (61.49')(41.22') 76 . 9 2 ' ( 7 6 . 9 2 ' ) 7 6 . 2 7 ' ( 7 6 . 2 7 ' ) C/ L " G " S T R E E T C/L 4TH STREET - FD. LEAD AND TACK PER C.R. 221-025, EXCEPT AS NOTED - SET 1"X30" I.P. FLUSH WITH LEAD TAG STAMPED "LS 9735" ( ) - INDICATES RECORD DATA PER C.R. 221-025 40.79' SURVEYOR'S NOTES: DETAIL "A" ONLY FD. BRASS DISK IN WELL MONUMENT PER C.R. 221-025, DOWN 0.7' C/L 3RD STREET 20.76' (20.75') SNF - EST. BY TIES PER C.R. 185-045 ACCEPTED AS C/L INT. C/L 6TH STREET 32 6 . 8 8 ' FD. L&T TAGGED "LS 3035" IN LIEU OF 1" I.P. PER P.M. NO. 5650 P.M.B. 55/19 41.25' 1. BASIS OF BEARINGS: CENTERLINE OF "G" STREET BETWEEN 5TH STREET AND 4TH STREET, BEING N00°10'30"W PER PARCEL MAP NO. 7152, P.M.B. 76/4-5. 2. INDICATES FOUND MONUMENT AS NOTED. 3. SET 1"X30" I.P. FLUSH WITH LEAD TAG STAMPED "LS 97353. 4. ( ) INDICATES RECORD DATA PER PARCEL MAP NO. 7152, P.M.B. 76/4-5 5. [ ] INDICATES RECORD DATA PER PARCEL MAP NO. 15038, P.M.B. 186/14-15 6. (( )) INDICATES RECORD DATA PER PARCEL MAP NO. 5650, P.M.B. 55/19 7. < > INDICATES RECORD DATA PER RECORD OF SURVEY 18-0118, R.S.B. 164/54 8. { } INDICATES RECORD DATA PER INST. NO. 2006-0536309 REC. 08/07/2006, O.R. 9. C.R.CORNER RECORD 10. EST.ESTABLISHED 11. INT.INTERSECTION 12. L&T LEAD AND TACK 13. SNF SEARCHED, NOTHING FOUND 14. T/O TANGENT OVER SURVEYOR'S NOTES: THIS SHEET ONLY ANGLE TABLE: A1- 90°12'42" ((90°13'12")) A2- 89°57'47" [89°57'37"] A3- 90°11'18" (90°11'06")A1 A2A3 EST. BY INT. OF 5TH STREET TO THE EAST AND "F' STREET TO THE SOUTH - ACCEPTED AS C/L INT. C / L " F " S T R E E T C/L 5TH STREET 56.1 4 ' <56.1 4 ' > { 5 6 . 0 7 ' } - FD. LEAD AND TACK PER C.R. 182-040 AND C.R. 221-042 - SET 1"X30" I.P. FLUSH WITH LEAD TAG STAMPED "LS 9735" ( ) - INDICATES RECORD DATA PER PARCEL MAP NO. 7152, P.M.B 76/4-5 [ ] - INDICATES RECORD DATA PER PARCEL MAP NO. 15038, P.M.B. 186/14-15 (( )) INDICATES RECORD DATA PER PARCEL MAP NO. 5650, P.M.B. 55/19 < > - INDICATES RECORD DATA PER C.R. 182-040 { } - INDICATES RECORD DATA PER C.R. 221-042 SURVEYOR'S NOTES: DETAIL "B" ONLY (S89°49'22"E) N89°49'06"W N 0 0 ° 1 0 ' 5 3 " W (( N 0 0 ° 0 0 ' 0 0 " W ) ) N89°58'11"W [N89°55'29"W] ((S89°46'48"E)) N0 0 ° 0 0 ' 2 4 " W (N 0 0 ° 0 0 ' 2 8 " W ) [N 0 0 ° 0 2 ' 0 8 " E ] PARCEL MAP NO. 5650 P.M.B. 55/19 SHEET 2 OF 3 SHEETS BOUNDARY ESTABLISHMENT DETAIL "A" SCALE: 1" = 30' SCALE: 1"=80' DETAIL "B" SCALE: 1" = 40' IN THE CITY OF SAN BERNARDINO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIANUMBER OF PARCELS: 1 GROSS AREA = 1.300 ACRES NET AREA = 1.211 ACRES PARCEL MAP NO. 20527 BEING A SUBDIVISION OF PORTIONS OF LOTS 5, 6, AND 7 IN BLOCK 27, AS SHOWN ON PLAN OF THE CITY OF SAN BERNARDINO, CAL., AS PER MAP RECORDED IN BOOK 7, PAGE 1 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY. DRG, INC. DATE OF SURVEY: MAY 2023 Packet Page. 816 8. 7 5 ' S T R E E T D E D I C A T I O N 2.75' STREET DEDICATION 50 ' 44' PARCEL 3 PARCEL MAP NO. 7152 P.M.B. 76/4-5 PARCEL 1 C/L 5TH STREET INST. NO. 2006-0536309 REC. 08/07/2006, O.R. C / L " G " S T R E E T N0 0 ° 1 0 ' 3 0 " W 1 9 1 . 1 4 ' N89°49'06"W 420.45' N0 0 ° 0 0 ' 2 4 " W 1 4 8 . 4 8 ' N89°52'11"E 258.60'N89°49'06"W 120.04' N89°49'06"W 379.08' N0 0 ° 1 0 ' 3 0 " W 1 4 9 . 8 9 ' N89°49'06"W 358.30' N0 0 ° 1 0 ' 3 0 " W 1 2 5 . 1 0 ' N48°15'52"E 24.01' 117.29' 13 9 . 7 3 ' 41.25' N89°49'06"W 41 . 2 5 ' N 0 0 ° 0 0 ' 2 4 " W 8.75' 41 . 2 5 ' SEE DETAIL "C" 50 ' 41 . 2 5 ' 41.25' 44' 41.25' 5TH STREET "G" STREET 1.INDICATES FOUND MONUMENT, SEE SHEET 2. 2.INDICATES 2"X30" I.P. WITH METAL TAG STAMPED "LS 9735" SET 12" SUB SURVEYOR'S NOTES: THIS SHEET ONLY 2.75' STREET DEDICATION 41.25' N89°49'06"W 44.00' C/ L " G " S T R E E T PARCEL 1 PARCEL 3 PARCEL MAP NO. 7152 P.M.B. 76/4-5 2.75' 44.00' L2 N49°08'19"E 2.31' N49°29'19"W 2.31' L3 L1 1.75' SIDEWALK EASEMENT LINE TABLE: L1- N00°10'30"W 9.35' L2- N00°10'30"W 24.00' L3- N00°10'30"W 27.01' SHEET 3 OF 3 SHEETS SCALE: 1"=40' DETAIL "C" BOUNDARY MONUMENTS AND STREET DEDICATIONS SCALE: 1" = 20' IN THE CITY OF SAN BERNARDINO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIANUMBER OF PARCELS: 1 GROSS AREA = 1.300 ACRES NET AREA = 1.211 ACRES PARCEL MAP NO. 20527 BEING A SUBDIVISION OF PORTIONS OF LOTS 5, 6, AND 7 IN BLOCK 27, AS SHOWN ON PLAN OF THE CITY OF SAN BERNARDINO, CAL., AS PER MAP RECORDED IN BOOK 7, PAGE 1 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY. DRG, INC. DATE OF SURVEY: MAY 2023 Packet Page. 817 EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 43) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on April 17, 2024 adopted its Resolution No. 2024-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 4:00 p.m., or as soon thereafter as practicable, Wednesday, June 5, 2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the June 5, 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002. DATED: ____________, 2024 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2024 Packet Page. 818 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 43 (June 5, 2024) 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) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Gateway SB LLC 1.31 2 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” 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: Personal Delivery: If by mail, place ballot in the return envelope provided, and mail no later than May 22, 2024, 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. If in person, deliver to the City Clerk at any time up to 4:00 p.m. on June 5, 2024, at the Clerk’s office at 201 N. “E” 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 June 5, 2024. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Page. 819 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Gateway SB LLC Attn: Jian Torkan 4221 Wilshire Blvd, STE 380 Los Angeles, CA 90010 0134-101-28, 0134-101-02, 0134-101-03, 0134-101-04, 0134-101-05, 0134-101-06 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rate set forth in the following table: Land Use Category Taxable Unit Maximum Special Tax A Non-Residential Property Acre $7,172 plus an annual increase on each July 1, commencing on July 1, 2024 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 43 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting, and streets as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-__ adopted by the City Council of the City of San Bernardino on March 20, 2024 (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? YES _________ NO _________ 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__. Jian Torkan Manager Signature Print Name Title Packet Page. 820 EXHIBIT H PROJECT SITE APN 0134-061-30 VACANT APN 0134-061-17 SENIOR CITIZEN SERVICE CENTER N.A.P.VICINITY MAP N.T.S. N.A.P. NORTH NOT TO SCALE APN 0134-111-34 COMMERCIAL RETAIL N.A.P. APN 0134-111-38 COMMERCIAL RETAIL N.A.P. Packet Page. 821 G ST H ST 6TH S T SPRU CE S T 5TH ST£¤66 ^_ MIL L ST 16TH ST SPRUCE ST SIERRA WAY WATERMAN AVE NINTH ST CAM PUS WAY 2ND S T MAGNOLIA AVE ORANGE SHOW RD 4TH ST RANCHO AVE 17 TH S T BASE LINE ST SECOND S T PEPPER AV CITRUS ST PACIFIC ST 28TH ST CEDAR AVE TIPPECANOE ST CENTRAL AVE MERIDIAN AVE SAN BERNARDINO AVE NORMA N R D PENNSY LVANIA AVE WATERMAN AVECITRUS AVE EUCALYPTUS AVE MT.VIEW AVE COLTON AVE REDLANDS BLVD MIL L ST §¨¦10 ·|}þ259 £¤66 ·|}þ259 ·|}þ210 §¨¦215 £¤66 £¤66 CFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 43 PROJECT MAP Packet Page. 822 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Barbara Whitehorn, Director of Finance & Management Services Department:Finance Subject:Approval of Commercial and Payroll Disbursements (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for March 2024. Executive Summary This action is to approve the commercial and payroll disbursements. This is regular business of the Mayor and City Council ensuring that the City pays vendors, employees, and the retirement system timely, accurately and with full transparency for the community. 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: https://sbcity.org/city_hall/finance/warrant_register Packet Page. 823 Discussion 2021-2025 Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions. 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 approve the commercial and payroll disbursements for March 2024. Attachments Attachment 1 Payroll Summary Report for March 2024 Attachment 2 Commercial checks & Payroll Register #45 Attachment 3 Commercial checks & Payroll Register #46 Attachment 4 Commercial checks & Payroll Register #47 Attachment 5 Commercial checks & Payroll Register #48 Attachment 6 Commercial EFT Registers #1596-1611 Gross Payroll Bi-Weekly for March 14, 2024 $3,422,551.59 Bi-Weekly for March 28, 2024 $3,057,181.65 Monthly for March 15, 2024 $26,950.00 Total Payroll Demands: $6,506,683.24 The following check registers are being presented for approval: March 14, 2024 2023/24 (Regi ster #45)$966,167.30 March 7, 2024 2023/24 (Regi ster #46)$765,278.81 March 21, 2024 2023/24 (Regi ster #47)$3,179,186.55 March 28, 2024 2023/24 (Regi ster #48)$837,925.86 Total commercial check demands:$5,748,558.52 The following Electroni c Funds Transfer (EFT) regi sters presented for approval: February 1, 2024-February 28, 2024 2023/24 (Regi ster #1596-1611)$3,662,292.13 Total commercial EFT demands:$3,662,292.13 Packet Page. 824 Ward: All Wards Synopsis of Previous Council Actions: NA Packet Page. 825 Packet Page. 826 Packet Page. 827 Packet Page. 828 Packet Page. 829 Packet Page. 830 Packet Page. 831 Packet Page. 832 Packet Page. 833 Packet Page. 834 Packet Page. 835 Packet Page. 836 Packet Page. 837 Packet Page. 838 Packet Page. 839 Packet Page. 840 Packet Page. 841 Packet Page. 842 Packet Page. 843 Packet Page. 844 Packet Page. 845 Packet Page. 846 Packet Page. 847 Packet Page. 848 Packet Page. 849 Packet Page. 850 Packet Page. 851 Packet Page. 852 Packet Page. 853 Packet Page. 854 Packet Page. 855 Packet Page. 856 Packet Page. 857 Packet Page. 858 Packet Page. 859 Packet Page. 860 Packet Page. 861 Packet Page. 862 Packet Page. 863 Packet Page. 864 Packet Page. 865 Packet Page. 866 Packet Page. 867 Packet Page. 868 Packet Page. 869 Packet Page. 870 Packet Page. 871 Packet Page. 872 Packet Page. 873 Packet Page. 874 Packet Page. 875 Packet Page. 876 Packet Page. 877 Packet Page. 878 Packet Page. 879 Packet Page. 880 Packet Page. 881 Packet Page. 882 Packet Page. 883 Packet Page. 884 Packet Page. 885 Packet Page. 886 Packet Page. 887 Packet Page. 888 Packet Page. 889 Packet Page. 890 Packet Page. 891 Packet Page. 892 Packet Page. 893 Packet Page. 894 Packet Page. 895 Packet Page. 896 Packet Page. 897 Packet Page. 898 Packet Page. 899 Packet Page. 900 Packet Page. 901 Packet Page. 902 Packet Page. 903 Packet Page. 904 Packet Page. 905 Packet Page. 906 Packet Page. 907 Packet Page. 908 1 9 6 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Barbara Whitehorn, Director of Finance and Management Services Department:Finance Subject:Designation of the City of San Bernardino Authorized Agents for the State of California Governor’s Office of Emergency Services (CalOES) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-071, designating that the following positions are authorized to execute for and on behalf of the City of San Bernardino, a public entity established under the laws of the State of California, the grant applications for CalOES. 1. The Deputy City Manager, or 2. The Director of Finance and Management Services, or 3. The Deputy Director of Finance, or 4. The Grants Division Manager, or 5. The Chief of Police Executive Summary CalOES requires that public entities applying for grants from the State update their authorized agents when there are changes in leadership. Resolution 2024-071 meets the requirements of CalOES and will enable the City of San Bernardino to continue to apply for grants with the State. Background The City applies for and receives grants from CalOES for Federally Declared Disasters, California State Only Disasters, Immediate Service programs, Hazard Mitigation Grants, Building Resilient Infrastructure and Communities Grants and others. Updating the authorized agents is important to ensure that the City has employess in place to apply for new and manage existing CalOES grants. Packet Page. 909 1 9 6 7 Discussion This resolution allows the agents listed to file applications with CalOES for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following: - Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. - Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968. - National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 2021-2025 Strategic Targets and Goals This request aligns with Key Strategic Goal 1b. Improved Operational and Financial Capacity - Continue to seek opportunities to secure long-term revenue sources by ensuring that the City can pursue grant funding in the case of disasters and other critical needs as necessary. Fiscal Impact There is no fiscal impact associated with this action. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-071, designating the that following positions are authorized to execute for and on behalf of the City of San Bernardino, a public entity established under the laws of the State of California, the grant applications for CalOES. 1. The Deputy City Manager, or 2. The Director of Finance and Management Services, or 3. The Deputy Director of Finance, or 4. The Grants Division Manager, or 5. The Chief of Police Packet Page. 910 1 9 6 7 Attachments Attachment 1 Resolution 2024-071 Designating Authorized Agents for CalOES Attachment 2 CalOES List of Authorized Agents, Name and Title Ward: All Wards Synopsis of Previous Council Actions: March 4, 2020 Mayor and City Council adopted Resolution 2020-43 designating the City Manager, Assistant City Manager, Chief of Police, and Assistant Chief of Police as authorized agents to act on behalf of the City for all matters pertaining to assistance from federal and/or state organizations. Packet Page. 911 Resolution No. 2024- 071 Resolution 2024-071 April 17, 2024 Page 1 of 3 4 3 7 5 RESOLUTION NO. 2024-071 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DESIGNATING AUTHORIZED AGENTS, BY TITLE ONLY, TO ENGAGE WITH THE STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES. WHEREAS, the State of California Governor’s Office of Emergency Services (“CalOES”) requires that the Authorized Agents be updated by all public entities applying for and receiving grants from CalOES every three years; and WHEREAS, the City of San Bernardino relies on CalOES to disburse critical funding during Federal and State disasters; and WHEREAS, CalOES provides much needed grant funding that the City of San Bernardino regularly applies for and is awarded. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO THAT: SECTION 1. 1) The Deputy City Manager, OR 2) The Director of Finance and Management Services, OR 3) The Deputy Director of Finance, OR 4) The Grants Division Manager, OR 5) The Chief of Police Are authorized to execute for and on behalf of the City of San Bernardino, a public entity established under the laws of the State of California, the grant applications for CalOES. for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following: - Federally Declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. - Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968. Packet Page. 912 Resolution No. 2024- 071 Resolution 2024-071 April 17, 2024 Page 2 of 3 4 3 7 5 - National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141. - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12. That the City of San Bernardino, a public entity established under the laws of the State of California, hereby authorizes its agents to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. SECTION 2. This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval. SECTION 3. The above recitals are true and correct and are incorporated herein by this reference. SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 913 Resolution No. 2024- 071 Resolution 2024-071 April 17, 2024 Page 3 of 3 4 3 7 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-071, adopted at a regular meeting held on the 17th day of April 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk Packet Page. 914 STATE OF CALIFORNIA RECOVERY DIRECTORATE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES LIST OF AUTHORIZED AGENTS FINANCIAL PROCESSING DIVISION OES-FPD-012 (Rev. 09-2022) List of Authorized Agents City of San Bernardino 071-65000 Entity Name: Cal OES ID: • Enter each Authorized Agent (AA) as listed on the Designation of Applicant's Agent Resolution (Cal OES 130) for Non-State Agencies or as it appears on the Signature Authority (Cal OES 130SA) for California State Agencies. • Check box to receive electronic copies of Cal OES Notification of Obligation and/or Payment packages. (Minimum 1 AA.) • Email addresses must use an email that shares the official entity URL.Email Pkg?Authorized Agent Name Authorized Agent Title Email Address Barbara Whitehorn Director of Finance & Mgmt. Srvcs.whitehorn_ba@sbcity.org Suzie Soren Deputy City Manager Chief of Police soren_su@sbcity.org Darren Goodman Mary Alvarez-Gomez Jeannie Fortune goodman_da@sbcity.org alvarez-gomez_ma@sbcity.org fortune_je@sbcity.org ✔Grants Division Manager Deputy Director of Finance ✔ •An Approved Contact may be designated by an AA to request or receive information on grant payment status. Add them by inputting their information below. (Ex. Accounting/Admin offices) Must use an official email URL.Email Pkg?Approved Contact Name Approved Contact Title Email Address ✔ ✔ ✔ Francisco Hernandez Deputy Chief of Police hernandez_fr@sbcity.org Michelle Mahan Lieutenant mahan_mi@sbcity.org Gilbert Mosqueda Management Analyst mosqueda_gi@sbcity.org Please use a second page if more space is needed. Rev. 09-2022 OES-FPD-012 Packet Page. 915 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Andrea Russell, Director of Human Resources & Risk Management Department:Human Resources & Risk Management Subject:Side Letter Agreement with San Bernardino Police Management Association Regarding 401 (a) Plan Contributions Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-072, authorizing the City Manager to execute a side letter agreement with the San Bernardino Police Management Association regarding 401 (a) plan contributions and other language updates. Executive Summary Side letter with the San Bernardino Police Management Association (SBPMA) to allow for 401 (a) plan contribution utilization and update holiday pay language per the recommendation from CalPERS. These changes have no financial impact to the City. Background 401(a) deferred compensation plans are employer-sponsored defined contribution retirement plans available to governmental, for-profit and not-for-profit employers. Like other defined contribution plans, the benefit each employee receives depends on how much is in their individual 401(a) account at retirement. The amount that employees have in retirement depends on how their investments perform. Discussion A 401 (a) Plan requires that the City follow standards established by the Internal Revenue Service (IRS). As such, contributions into the 401 (a) plan must be a mandatory contribution that will apply to all members of the group. In order to maintain the standards established by the IRS, the City must revise its current language in SBPMA’s Memorandum of Understanding (MOU) in order to utilize the 401 (a) plan. Packet Page. 916 Currently, language in the SBPMA MOU allows for members to sell-back/cashout various leaves at designated times. The side letter would allow for those sell- backs/cashouts to be placed into a 401 (a) plan. Additionally, CalPERS recommended the language concerning holiday pay be updated in the MOU to make clear how it is being calculated. The redline version attached in Exhibit ”B” contains all updates. 2021-2025 Strategic Targets and Goals Authorizing the City Manager to execute a side letter agreement with SBPMA regarding 401 (a) plan contributions and other minor language support Key Strategic Goal 2. Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact There is no fiscal impact to allow SBPMA members to allocate funds into a 401 (a) plan or updating holiday pay language. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-XX, authorizing the City Manager to execute a side letter agreement with the San Bernardino Police Management Association regarding 401 (a) plan contributions and other language updates. Attachments Attachment 1 – Resolution No. 2024-072 Attachment 2 – Exhibit A; Side Letter Agreement Attachment 3 – Exhibit B; Redline MOU Ward: All Wards Synopsis of Previous Council Actions: September 6, 2023 Mayor and City Council adopted resolution 2023-143, authorizing the City Manager to execute a side letter agreement with PMA regarding premium pay. September 21, 2022 Mayor and City Council adopted resolution 2022-193, authorizing the City Manager to execute a side letter agreement with PMA regarding adding Juneteenth as an observed holiday. Packet Page. 917 Resolution No. 2024-072 Resolution 2024-072 April 17, 2024 Page 1 of 3 4 3 8 9 RESOLUTION NO. 2024-072 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE MANAGEMENT ASSOCIATION (SBPMA) REGARDING 401 (A) PLAN CONTRIBUTIONS AND OTHER LANGUAGE UPDATES WHEREAS, 401(a) deferred compensation plans are employer-sponsored defined contribution retirement plans available to governmental, for-profit and not-for-profit employers; and WHEREAS, in order to maintain the standards established by the IRS, the City must revise its current language in SBPMA’s Memorandum of Understanding (MOU) in order to utilize the 401 (a) plan; and WHEREAS, CalPERS recommended that holiday pay language in the MOU be more specific as to how it is paid out by the City to the member; and WHEREAS, in order to eliminate any confusion with CalPERS, staff recommends updating the minor language. 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 the Side Letter Agreement attached hereto and incorporated herein, marked as Exhibit A. SECTION 3.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. Packet Page. 918 Resolution No. 2024-072 Resolution 2024-072 April 17, 2024 Page 2 of 3 4 3 8 9 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 919 Resolution No. 2024-072 Resolution 2024-072 April 17, 2024 Page 3 of 3 4 3 8 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-072, adopted at a regular meeting held on the 17th day of April 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 18th day of April 2024. Genoveva Rocha, CMC, City Clerk Packet Page. 920 SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE SAN BERNARDINO POLICE MANAGEMENT ASSOCIATION (“ASSOCIATION”) The City and the Association hereby agree to a modification of the terms and conditions set forth in the Memorandum of Understanding (2020-2025) between the City and the Association (hereinafter referred to as “MOU”) as follows: Leave Cash-out/Sell-back/Holiday 1.Cash-out Article V: Subsections (B), (D), and (F) Section 5 of the MOU shall be revised in their entirety to read as follows: Subsection (B) – Employees, after the completion of five (5) years of continuous full-time employment with the City, upon retirement, death, or termination of employment, except through dismissal or resignation with prejudice, or the estate of a deceased employee who has met the aforementioned service requirement but dies during employment, shall receive compensation of 50 percent of accumulated and unused post-petition sick leave. After 20 years of continuous full-time employment with the City, compensation will be seventy-five percent (75%) of all accumulated and unused post-petition sick leave. Compensation shall be deposited for the benefit of the employee into the City’s 401(a) plan. Any compensation exceeding the 401 (a)annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings. Subsection (D) – Sick Leave accrued as a result of an industrial disability will not be subject to the accrual maximums and will be paid out in full if the disability results in an industrial retirement with the payout being deposited for the benefit of the employee into the City’s 401(a) plan. Any payout exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings. Subsection (F) – At the time of separation from service, any employee having at least fifteen (15) years of continuous full-time employment with the City, shall cash out 50% of unused post-petition sick leave. At the time of separation from service, any employee having at least 20 years of continuous full-time service with the City, shall cash out 75% of unused post-petition sick leave. Cash outs shall be deposited into the member’s 401 (a) plan. Any cash outs exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings. EXHIBIT A Packet Page. 921 Article V: Subsection B of Section 2 of the MOU shall be revised in its entirety to read as follows: Subsection (B) – When an employee resigns or otherwise leaves the service of the City and has not used their earned post-petition vacation, payment shall be made for the benefit of the employee into the City’s 401 (a) plan for the earned portion of their vacation. Any payment exceeding the 401 (a) annual contribution limit for defined contribution plans shall be paid to the employee as taxable wages, subject to customary withholdings. Calculation of the payment for earned vacation or deduction for unearned vacation upon separation to determine the amount to be contributed to the 401(a) plan shall be made in accordance with the wage rate in effect on the final day of employment. 2. Sell-back Article V: Subsection (E) of Section 5 of the MOU shall be revised in its entirety to read as follows: Subsection (E) – Each fiscal year an employee will receive a contribution in lieu of pay for accrued post-petition sick leave to the City’s 401(a) plan pursuant to the terms set forth below. 1. The City shall make the contribution on the first payday in September. Any contribution exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholding. 2. The contribution shall be equal to the value of one-fourth (1/4) of the number of hours of post-petition sick leave accrued as of the date of the contribution. The value shall be calculated using the then current wage rate. The employee’s accrued post-petition sick leave shall be reduced by the number of post-petition sick leave hours converted to a contribution on behalf of the employee to the City’s 401(a) plan. Article V: Subsection (H) of Section 2 of the MOU shall be revised in its entirety to read as follows: Subsection (H) – Once per year, members of the bargaining unit will convert one-quarter (1/4) of their unused post-petition vacation leave into a contribution to the City’s 401(a) plan. The value shall be calculated using the then current wage rate. The City shall make the contribution on the first payday in September. Any contribution exceeding the 401 (a) annual contribution limit shall be paid to the employee as wages, subject to customary withholding. In addition, once per year, members of the bargaining unit will be granted the option of selling up to one-quarter (1/4) of their post-petition holiday leave to the City. An eligible employee shall notify the City by August 1 of their request for sellback for the prior fiscal year ending June 30. The City shall compensate eligible employees on the first payday in September. 3. Holidays Article V: Subsection A of Section 3 of the MOU shall be revised in its entirety to read as follows: Packet Page. 922 Subsection (A). Employees shall be entitled to thirteen (13) City-designated holidays and two (2) floating holidays, the equivalent of 150 holiday hours each year, as listed below. New Year’s Day Martin Luther King Day President’s Day Memorial Day Juneteenth Independence Day Labor Day Veteran’s Day (November 11) Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year’s Eve Employees shall accrue 20 hours from floating holidays effective January 1 of each year. Only unit employees who have satisfactorily served in the employ of the City continuously for at least six (6) months in a full-time position shall be eligible to take floating holidays. Employees shall not be allowed to use unearned holiday time. Demands of work permitting, employees of this unit may utilize holiday leave on the holidays designated above. The demands of work are such that the employees cannot take off on a designated holiday, the employees shall bank the time for cash-out at the end of the calendar year. When a holiday falls on an employee’s regularly scheduled day off, the employee shall bank 10 hours of holiday leave for cash-out at the end of the calendar year. SBPMA members shall be paid for their unused holiday account balance, at the end of each calendar year at the employee’s regular rate of pay in effect at the time of the payoff. The regular rate of pay, for purposes of holiday pay, includes base pay plus the hourly equivalent of the following eligible special compensation for the employee, Education Incentive, Longevity Pay, POST, Technology Allowance, Professional Development, and Uniform Allowance. Employees who separate from employment with a holiday leave balance shall be paid at the wage rate on the final day of their employment. 4. This Side Letter Agreement shall become effective immediately following City Council approval. 5. All other terms and conditions of the MOU shall remain the same. Packet Page. 923 ___________________________________ Adam Affrunti, President San Bernardino Police Management Association Date: ____________________________ ___________________________________ Charles A. Montoya, City Manager City of San Bernardino Date: ____________________________ Packet Page. 924 EXHIBIT B ARTICLE V -- LEAVES Section 2 – Vacations B. When an employee resigns or otherwise leaves the service of the City and has not used his earned post-petition vacation, payment shall be made for the benefit of the employee into the City’s 401 (a) planemployee for the earned portion of theirhis vacation. Any payment exceeding the 401 (a) annual contribution limit for defined contribution plans shall be paid to the employee. Calculation of the payment for earned vacation or deduction for unearned vacation upon separation termination to determine the amount to be contributed to the 401(a) plan shall be made in accordance with the wage rate in effect on the final day of employment. H. Once per year, members of the bargaining unit will be granted the option of selling up toconvert one-quarter (1/4) of their unused post-petition vacation and holidaysleave into a contribution to the City’s 401 (a) plan. An eligible employee shall notify the City by August 1 of their request for sellback for the prior fiscal year ending June 30. The City shall compensate eligible employeesmake the contribution on the first payday in September. Any contribution exceeding the 401 (a) annual contribution limit shall be paid to the employee as wages, subject to customary withholding. In addition, once per year, members of the bargaining unit will be granted the option of selling up to one-quarter (1/4) of their post-petition holiday leave to the City. An eligible employee shall notify the City by August 1 of their request for sellback for the prior fiscal year ending June 30. The City shall compensate eligible employees on the first payday in September. Section 3 -- Holidays A. Employees shall be entitled to thirteen (13) City-designated holidays and two (2) floating holidays, the equivalent of 150 holiday hours each year, as listed below. New Year’s Day Martin Luther King Day President’s Day Memorial Day Juneteenth Independence Day Labor Day Veteran’s Day (November 11) Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year’s Eve Packet Page. 925 EXHIBIT B Employees shall accrue 20 hours from floating holidays effective January 1 of each year. Only unit employees who have satisfactorily served in the employ of the City continuously for at least six (6) months in a full-time position shall be eligible to take floating holidays. Employees shall not be allowed to use unearned holiday time. Demands of work permitting, employees of this unit may utilize holiday leave on the holidays designated above. TIf the demands of work are such that the employees cannot take off on a designated holiday, the employees shall bank the time for cash-out at the end of the calendar year. When a holiday falls on an employee’s regularly scheduled day off, the employee shall bank 10 hours of holiday leave for cash-out at the end of the calendar year. SBPMA members shall be paid for their unused holiday account balance, at the end of each calendar year at the employee’s regularwage rate of pay in effect at the time of the payoff. The regular rate of pay, for purposes of holiday pay, includes base pay plus the hourly equivalent of the following eligible special compensation for the employee, Education Incentive, Longevity Pay, POST, Technology Allowance, Professional Development, and Uniform Allowance. Employees who separate from employment with a holiday leave balance shall be paid at the wage rate on the final day of their employment. Section 5 -- Payment for Unused Sick Leave B. Employees or the estate of any such deceased employee who dies during employment, after the completion of five (5) years of continuous full-time employment with the City, upon retirement, death or termination of employment, except through dismissal or resignation with prejudice, or the estate of a deceased employee who has met the aforementioned service requirement but dies during employment shall receive compensation of 50 percent of accumulated and unused post-petition sick leave. After 20 years of continuous full-time employment service with the City of San Bernardino, compensation will be seventy-five percent (75 %) of all accumulated and unused post-petition sick leave. Compensation shall be deposited for the benefit of the employee into the City’s 401(a) plan. Any compensation exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings. D. Sick leave accrued as a result of an industrial disability will not be subject to the accrual maximums and will be paid out in full if the disability results in an industrial retirement with the payout being deposited for the benefit of the employee into the City’s 401(a) plan. Any payout exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings. . E. Each fiscal year an employee will may elect to receive payment a contribution in lieu of accrued post- petition sick leave to the City’s 401(a) plan pursuant to the terms set forth below.. 1. 1. An eligible employee shall notify the City by August 1st of his/her desire to receive such payment. The City shall compensate eligible employees make the contribution on the first payday in September. Any contribution exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholding. Packet Page. 926 EXHIBIT B 2. An employee receiving such pay shall receive at the then current salary rate pay forThe contribution shall be equal to the value of one-fourth (1/4) of the number of hours of post-petition sick leave accrued as of the date of the contribution. The value shall be calculated using the then current wage rate. The employee’s accrued post-petition sick leave shall be reduced by the number of post-petition sick leave hours for which pay is provided converted to a contribution on behalf of the employee to the City’s 401(a) plan.. F. At the time of separation from service, any employee having at least fifteen (15) years of continuous full time employment service with the City of San Bernardino, may shall cash out up to 50% of unused post- petition sick leave. At the time of separation from service, any employee having at least 20 years of continuous full-time employment service with the City of San Bernardino, shall may cash out up to 75% of unused post- petition sick leave. Cash outs shall be deposited into the member’s 401 (a) plan. Any cash outs exceeding the 401 (a) annual contribution limit shall be paid to the employee as taxable wages, subject to customary withholdings. Packet Page. 927 2 0 2 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Andrea Russell, Director of Human Resources & Risk Management Department:Human Resources & Risk Management Subject:Adopt Resolution Approving Job Classifications and Amending the City-wide Salary Schedule Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-073: 1. Amending the Administrative Analyst classification job series; 2. Establishing the Land Development Engineer job classification; 3. Amending the City-Wide Salary Schedule for full time, part-time, temporary, and seasonal positions Executive Summary The Administrative Analyst job classifications were inadvertently removed from the City-wide salary schedule. This item places them back onto the schedule and brings their salary to market. The establishment of Land Development Engineer classification is a continued item from the strategic initiatives approved on September 12, 2023. Background As the City continues its efforts in improving service delivery, staff recommends reactivating the Administrative Analyst job series. Adding these classifications back onto the City-wide salary schedule will allow the City to utilize the classification to better support departmental activities, functions and programs as it relates to policy, procedure, legal and legislative positions. Stemming from City Council’s request to assess staffing needs in the Council Office, staff plans to use these classifications within the department if approved. On September 12, 2023, staff made a presentation providing an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation contained the addition of several new positions, including the Land Packet Page. 928 2 0 2 1 Development Engineer. As such, staff is bringing forward the position to add it to the City-wide salary schedule. Discussion Administrative Analyst Job Series The Administrative Analyst I (U), Administrative Analyst II (U), and the Senior Administrative Analyst (U) classifications are positioned in the Management & Confidential group. They perform a variety of complex and difficult advanced professional, technical, administrative, legal, and analytical duties to coordinate municipal policies, procedures, and services for a large division, small department, or a complex functional area of City government. In addition, they provide professional and technical administrative and analytical assistance to compile, review, evaluate and make recommendations on the formulation of policy and procedure, and staffing and organizational changes. The Administrative Analyst I (U) is the entry level classification that performs professional analytical and management support work assignments ranging from routine to moderately difficult or assists others in performing more difficult analytical work in support of department functions, programs, goals and objectives. The Administrative Analyst II (U) is the advanced journey level classification that performs more difficult analytical and program assignments involving the gathering and interpretation of data from multiple sources on issues of significant impact and importance. The Senior Administrative Analyst (U) is the advanced journey-level class in the Administrative Analyst series. Incumbents perform complex and responsible analyses and studies on a wide range of management, administrative, program and other organization issues in support of the planning and execution of City-wide or department goals and objectives. This position may supervise lower-level professional, technical, and support staff. Due to the inadvertent removal of these classifications from the salary schedule, the compensation that was tied to them has not been updated and does not reflect what the market compensates. Therefore, an external compensation study comprised of agencies with similar classifications was conducted to determine the recommended salary for the classifications. Based on this study, the salary recommendation for the positions are as follows: Administrative Analyst I (U) – Range 496 ($5,706.33 - $6,935.77/monthly) Administrative Analyst II (U) – Range 526 ($6,627.06 - $8,055.81/monthly) Senior Administrative Analyst (U) – Range 574 ($8,419.77 -$10,235.22/monthly) Land Development Engineer The Land Development Engineer will be positioned in the Management & Confidential group, responsible for providing professional civil engineering guidance through the Packet Page. 929 2 0 2 1 land development process for the City’s Engineering Division, including construction, civil engineering, Americans with Disabilities Act (ADA) compliance, and storm water/national pollutant discharge elimination system (NPDES) compliance. An internal compensation study was performed anchoring this classification to the Engineering Project Manager. The recommended salary range is as follows: Land Development Engineer – Range 590 ($9,119.52 - $11,085.54/monthly) As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. 2021-2025 Strategic Targets and Goals Establishing these classifications aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery and function more efficiently. Fiscal Impact There is no other impact to the General Fund for establishing any of these classifications. In addition, the Land Development Engineer’s costs were previously approved by the Mayor and City Council on September 12, 2023 and formally adopted and the budget amended on October 4, 2023. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-073: 1. Amending the Administrative Analyst classification job series; 2. Establishing the Land Development Engineer job classification; 3. Amending the City-Wide Salary Schedule for full time, part-time, temporary, and seasonal positions Attachments Attachment 1 Resolution 2024-073 Attachment 2 Resolution 2024-073 Exhibit A – City-wide Salary Schedule Ward: All Wards Synopsis of Previous Council Actions: Packet Page. 930 2 0 2 1 April 3, 2024 Mayor and City Council adopted Resolution No. 2024-065 amending the City-wide salary schedule for full time, part-time, temporary, and seasonal positions. Packet Page. 931 Resolution No. 2024-073 Resolution 2024-073 April 17, 2024 Page 1 of 4 4 4 8 3 RESOLUTION NO. 2024-073 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, 1. AMENDING THE ADMINISTRATIVE ANALYST JOB SERIES; 2. ESTABLISHING THE LAND DEVELOPMENT ENGINEER JOB CLASSIFICATION; AND 3. AMENDING THE CITY-WIDE SALARY SCHEDULE FOR FULL-TIME, PART-TIME, TEMPORARY, AND SEASONAL POSITIONS WHEREAS, as the City continues its efforts in improving service delivery, staff recommends reactivating the Administrative Analyst job series; and WHEREAS, adding these classifications back onto the City-wide salary schedule will allow the City to utilize the classification to better support departmental activities, functions and programs as it relates to policy, procedure, legal and legislative positions; and WHEREAS, on September 12, 2023, staff made a presentation providing an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation contained the addition of several new positions, including the Land Development Engineer; and WHEREAS, the Administrative Analyst I (U) is an unclassified position in the Management & Confidential group, responsible for performing professional analytical and management support work assignments ranging from routine to moderately difficult or assists others in performing more difficult analytical work in support of department functions, programs, goals and objectives; and WHEREAS, the Administrative Analyst II (U) will be an unclassified position in the Management & Confidential group, responsible for more difficult analytical and program assignments involving gathering and interpretation of data from multiple sources on issues of significant impact and importance; and WHEREAS, the Senior Administrative Analyst (U) will be an unclassified position in the Management & Confidential group, responsible for performing complex and responsible analyses and studies on a wide range of management, administrative, program and other organization issues in support of the planning and execution of City-wide or department goals and objectives; and WHEREAS, the proposed Land Development Engineer will be an classified position in the Management & Confidential group, responsible for providing professional civil engineering guidance through the land development process for the City’s Engineering Division, including construction, civil engineering, Americans with Disabilities Act (ADA) compliance, and storm water/national pollutant discharge elimination system (NPDES) compliance; and Packet Page. 932 Resolution No. 2024-073 Resolution 2024-073 April 17, 2024 Page 2 of 4 4 4 8 3 WHEREAS, the salary schedule includes all adopted and approved classification and salaries; and WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. 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 classification of Administrative Analyst I (U), range 496, $5,706.33 - $6,935.77/monthly, attached hereto as Exhibit A is hereby approved. SECTION 3. The classification of Administrative Analyst II (U), range 526, $6,627.06 - $8,055.81/monthly, attached hereto as Exhibit A is hereby approved. SECTION 4. The classification of Senior Administrative Analyst (U) range 576, $8,504,26 - $10,337.04/monthly, attached hereto as Exhibit A is hereby approved. SECTION 5. The proposed classification of Land Development Engineer, range 590, $9,119.52 - $11,085.54/monthly, attached hereto as Exhibit A is hereby established and approved. SECTION 6.The City-wide salary schedule for all City of San Bernardino’s classifications attached hereto and incorporated herein as Exhibit “A”, are hereby approved. SECTION 7.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 8.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 9. Effective Date. This Resolution shall become effective immediately. Packet Page. 933 Resolution No. 2024-073 Resolution 2024-073 April 17, 2024 Page 3 of 4 4 4 8 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 934 Resolution No. 2024-073 Resolution 2024-073 April 17, 2024 Page 4 of 4 4 4 8 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-073, adopted at a regular meeting held on the 17th day of April 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 18th day of April 2024. Genoveva Rocha, CMC, City Clerk Packet Page. 935 ADOPTED 04/17/2024 EFFECTIVE 04/18/2024 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP HOURLY/ MONTHLY UNIT 30011 ACCOUNTANT I (FLEX)465 $5,001.98 MONTHLY $6,080.40 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,527.33 MONTHLY $6,718.81 MONTHLY GENERAL 10012 ACCOUNTANT II - PAYROLL 485 $5,401.95 MONTHLY $6,566.40 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,575.74 MONTHLY $7,993.21 MONTHLY MIDDLE MANAGEMENT 10860 ACCOUNTING DIVISION MANAGER (U)608 $9,976.33 MONTHLY $12,126.50 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX)399 $3,599.92 MONTHLY $4,374.65 MONTHLY GENERAL PENDING ACCOUNTING TECHNICIAN I (FLEX) - POLICE 399 $3,599.92 MONTHLY $4,374.65 MONTHLY POLICE GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,976.75 MONTHLY $4,833.51 MONTHLY GENERAL PENDING ACCOUNTING TECHNICIAN II - POLICE 419 $3,976.75 MONTHLY $4,833.51 MONTHLY POLICE GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,350.27 MONTHLY $5,287.93 MONTHLY GENERAL PENDING ADMINISTRATIVE ANALYST I (U)496 $5,706.33 MONTHLY $6,935.77 MONTHLY CONFIDENTIAL PENDING ADMINISTRATIVE ANALYST II (U)526 $6,627.06 MONTHLY $8,055.81 MONTHLY CONFIDENTIAL 30709 ADMINISTRATIVE ASSISTANT 400 $3,617.65 MONTHLY $4,396.82 MONTHLY GENERAL PENDING ADMINISTRATIVE ASSISTANT - POLICE 400 $3,617.65 MONTHLY $4,396.82 MONTHLY POLICE GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)464 $4,864.68 MONTHLY $5,913.23 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)410 $3,716.48 MONTHLY $4,516.97 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)430 $4,106.44 MONTHLY $4,990.33 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,906.04 MONTHLY $4,747.69 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,494.91 MONTHLY $6,678.72 MONTHLY MIDDLE MANAGEMENT 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)535 $6,931.44 MONTHLY $8,425.18 MONTHLY MANAGEMENT 30140 ANIMAL CONTROL OFFICER I (FLEX)411 $3,821.59 MONTHLY $4,645.09 MONTHLY GENERAL 30141 ANIMAL CONTROL OFFICER II 424 $4,077.61 MONTHLY $4,956.53 MONTHLY GENERAL 30092 ANIMAL LICENSE INSPECTOR 370 $3,114.46 MONTHLY $3,786.12 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,775.07 MONTHLY $8,235.73 MONTHLY MIDDLE MANAGEMENT 30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,114.46 MONTHLY $3,786.12 MONTHLY GENERAL 20319 ANIMAL SERVICES SUPERVISOR 478 $5,333.23 MONTHLY $6,482.71 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $3,114.46 MONTHLY $3,786.12 MONTHLY GENERAL 00300 APPRENTICE (PT)381 $2,969.00 MONTHLY $3,608.00 MONTHLY NA 20620 AQUATICS SUPERVISOR 468 $5,073.00 MONTHLY $6,167.11 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,688.31 MONTHLY $5,699.13 MONTHLY GENERAL 30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,956.26 MONTHLY $7,239.73 MONTHLY GENERAL 10492 ASSISTANT BUILDING OFFICIAL 583 $8,806.47 MONTHLY $10,704.25 MONTHLY MANAGEMENT 30271 ASSISTANT BUYER 430 $4,201.75 MONTHLY $5,106.16 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $23,765.30 MONTHLY $23,765.30 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U)705 $16,184.19 MONTHLY $19,669.95 MONTHLY EXECUTIVE 30312 ASSISTANT LITERACY PROGRAM COORDINATOR 365 $3,037.98 MONTHLY $3,693.02 MONTHLY GENERAL 30168 ASSISTANT PLANNER (FLEX)502 $6,016.12 MONTHLY $7,312.88 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U)580 $8,676.49 MONTHLY $10,546.10 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U)430 $4,106.44 MONTHLY $4,990.33 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U)480 $5,268.72 MONTHLY $6,403.92 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U)530 $6,761.38 MONTHLY $8,218.29 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U)580 $8,676.49 MONTHLY $10,546.10 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 530 $6,912.39 MONTHLY $8,401.84 MONTHLY MIDDLE MANAGEMENT 10042 AUDITOR I 515 $6,273.93 MONTHLY $7,625.78 MONTHLY CONFIDENTIAL 10043 AUDITOR II 537 $7,000.76 MONTHLY $8,509.67 MONTHLY CONFIDENTIAL 00194 BACKGROUND INVESTIGATOR (PT)493 $5,190.00 MONTHLY $6,308.00 MONTHLY NA City of San Bernardino Salary Schedule SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8 EXHIBIT A Packet Page. 936 ADOPTED 04/17/2024 EFFECTIVE 04/18/2024 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP HOURLY/ MONTHLY UNIT 10060 BUDGET DIVISION MANAGER (U)608 $9,976.33 MONTHLY $12,126.50 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 581 $8,719.81 MONTHLY $10,598.09 MONTHLY MANAGEMENT 20250 BUILDING INSPECTION SUPERVISOR 542 $7,338.73 MONTHLY $8,920.10 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX)460 $4,878.95 MONTHLY $5,930.77 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 487 $5,582.75 MONTHLY $6,785.31 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 511 $6,292.09 MONTHLY $7,648.71 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U)613 $10,228.72 MONTHLY $12,431.96 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,854.57 MONTHLY $5,900.85 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,912.39 MONTHLY $8,401.84 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,976.75 MONTHLY $4,833.51 MONTHLY GENERAL 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,180.69 MONTHLY $5,080.67 MONTHLY GENERAL 20271 BUYER 460 $4,874.77 MONTHLY $5,925.69 MONTHLY MIDDLE MANAGEMENT 10870 CAPITAL IMPROVEMENT PROJECT MANAGER 591 $9,165.01 MONTHLY $11,140.78 MONTHLY MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,527.87 MONTHLY $4,288.20 MONTHLY GENERAL 10398 CHIEF DEPUTY CITY CLERK (U)565 $8,050.39 MONTHLY $9,785.69 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE NA $28,565.57 MONTHLY $28,565.57 MONTHLY EXECUTIVE 10399 CITY CLERK (U)636 $10,590.00 MONTHLY $12,873.00 MONTHLY NA 00601 CITY COUNCIL NA $3,125.00 MONTHLY $3,125.00 MONTHLY NA 10370 CITY MANAGER (U)NA $27,083.33 MONTHLY $27,083.33 MONTHLY MANAGEMENT 10801 CITY PLANNER (U)629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U)620 $10,591.59 MONTHLY $12,873.91 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U)563 $7,970.23 MONTHLY $9,688.20 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX)441 $4,437.83 MONTHLY $5,394.33 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 472 $5,180.42 MONTHLY $6,296.53 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,321.79 MONTHLY $6,468.91 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,996.70 MONTHLY $4,857.89 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,549.77 MONTHLY $5,530.66 MONTHLY GENERAL 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,372.43 MONTHLY $5,314.53 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)600 $9,586.38 MONTHLY $11,652.05 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $5,128.33 MONTHLY $6,234.46 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,869.18 MONTHLY $9,564.61 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,407.06 MONTHLY $4,141.90 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,605.65 MONTHLY $6,813.83 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,827.15 MONTHLY $5,867.00 MONTHLY MIDDLE MANAGEMENT PENDING COMMUNITY SERVICES OFFICER 427 $4,138.57 MONTHLY $5,030.79 MONTHLY POLICE GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,386.39 MONTHLY $6,546.94 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,372.43 MONTHLY $5,314.53 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 585 $9,093.96 MONTHLY $11,052.95 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)506 $5,998.80 MONTHLY $7,291.06 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,617.65 MONTHLY $4,396.82 MONTHLY GENERAL PENDING CRIME ANALYST 493 $5,752.33 MONTHLY $6,991.46 MONTHLY POLICE GENERAL 00605 CRIME DATA TECHNICIAN (PT)368 $2,782.00 MONTHLY $3,382.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,662.13 MONTHLY $6,882.49 MONTHLY MIDDLE MANAGEMENT PENDING CRIMINAL INVESTIGATION OFFICER 493 $5,752.33 MONTHLY $6,991.46 MONTHLY POLICE GENERAL 00054 CUSTODIAL AIDE (PT)368 $2,782.00 MONTHLY $3,382.00 MONTHLY NA 20616 CUSTODIAL SUPERVISOR 477 $5,306.66 MONTHLY $6,449.49 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 368 $3,083.43 MONTHLY $3,748.43 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,373.81 MONTHLY $4,100.89 MONTHLY GENERAL 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)396 $3,545.61 MONTHLY $4,310.37 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)396 $3,545.61 MONTHLY $4,310.37 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8 Packet Page. 937 ADOPTED 04/17/2024 EFFECTIVE 04/18/2024 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP HOURLY/ MONTHLY UNIT 30224 CUSTOMER SERVICE REPRESENTATIVE (U)386 $3,373.81 MONTHLY $4,100.89 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,505.44 MONTHLY $5,476.35 MONTHLY GENERAL 10650 DEPUTY CITY CLERK I (U)490 $5,538.44 MONTHLY $6,732.13 MONTHLY CONFIDENTIAL 10654 DEPUTY CITY CLERK II (U)530 $6,761.38 MONTHLY $8,218.29 MONTHLY MANAGEMENT 09372 DEPUTY CITY MANAGER (U)700 $15,785.57 MONTHLY $19,186.84 MONTHLY EXECUTIVE 10675 DEPUTY DIRECTOR OF ANIMAL SERVICES (U)619 $10,538.52 MONTHLY $12,810.00 MONTHLY MANAGEMENT 10124 DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT (U)629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10830 DEPUTY DIRECTOR OF OPERATIONS (U)629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)629 $11,077.95 MONTHLY $13,465.34 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)678 $14,144.51 MONTHLY $17,192.66 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U)662 $13,060.22 MONTHLY $15,874.39 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U)575 $8,462.01 MONTHLY $10,286.13 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,746.90 MONTHLY $11,471.16 MONTHLY POLICE SAFETY 10685 DIRECTOR OF ANIMAL SERVICES (U)630 $11,133.20 MONTHLY $13,532.50 MONTHLY EXECUTIVE 09526 DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING (U)662 $13,060.22 MONTHLY $15,874.39 MONTHLY EXECUTIVE 09520 DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)692 $15,168.14 MONTHLY $18,436.18 MONTHLY EXECUTIVE 09527 DIRECTOR OF ECONOMIC DEVELOPMENT (U)662 $13,060.22 MONTHLY $15,874.39 MONTHLY EXECUTIVE 09710 DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)692 $15,168.14 MONTHLY $18,436.18 MONTHLY EXECUTIVE 09665 DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)660 $12,930.24 MONTHLY $15,716.25 MONTHLY EXECUTIVE 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)660 $12,930.24 MONTHLY $15,716.25 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)662 $13,060.22 MONTHLY $15,874.39 MONTHLY EXECUTIVE 09753 DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U)692 $15,168.14 MONTHLY $18,436.18 MONTHLY EXECUTIVE 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $8,027.54 MONTHLY $9,757.29 MONTHLY MIDDLE MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U)590 $9,119.52 MONTHLY $11,085.54 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U)600 $9,586.38 MONTHLY $11,652.05 MONTHLY MANAGEMENT 10119 ECONOMIC DEVELOPMENT MANAGER 560 $7,852.17 MONTHLY $9,544.13 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,852.17 MONTHLY $9,544.13 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,821.15 MONTHLY $7,075.51 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX)445 $4,527.60 MONTHLY $5,502.95 MONTHLY GENERAL 30841 ELECTRICIAN II 465 $5,001.98 MONTHLY $6,080.40 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $8,050.39 MONTHLY $9,785.69 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX)450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $5,258.00 MONTHLY $6,391.85 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 511 $6,292.09 MONTHLY $7,648.71 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 532 $6,981.04 MONTHLY $8,486.00 MONTHLY MIDDLE MANAGEMENT 10180 ENGINEERING PROJECT MANAGER 590 $9,119.52 MONTHLY $11,085.54 MONTHLY MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,549.77 MONTHLY $5,530.66 MONTHLY GENERAL 10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,828.53 MONTHLY $8,300.61 MONTHLY MANAGEMENT 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,977.59 MONTHLY $6,050.47 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 560 $8,027.54 MONTHLY $9,757.29 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,675.38 MONTHLY $9,329.84 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,675.40 MONTHLY $8,113.91 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX)431 $4,221.70 MONTHLY $5,131.65 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 408 $3,765.06 MONTHLY $4,576.37 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $4,201.75 MONTHLY $5,106.16 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8 Packet Page. 938 ADOPTED 04/17/2024 EFFECTIVE 04/18/2024 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP HOURLY/ MONTHLY UNIT PENDING EXECUTIVE ASSISTANT - POLICE 430 $4,201.75 MONTHLY $5,126.93 MONTHLY POLICE GENERAL 10707 EXECUTIVE ASSISTANT (U)430 $4,106.44 MONTHLY $4,990.33 MONTHLY CONFIDENTIAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U)464 $4,864.68 MONTHLY $5,913.23 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U)502 $5,879.65 MONTHLY $7,147.00 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)502 $5,879.65 MONTHLY $7,147.00 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)550 $7,469.79 MONTHLY $9,080.52 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER (PT)368 $2,782.00 MONTHLY $3,382.00 MONTHLY NA 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)591 $9,165.01 MONTHLY $11,140.78 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,996.70 MONTHLY $4,857.89 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,414.06 MONTHLY $7,796.09 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 532 $6,828.53 MONTHLY $8,300.61 MONTHLY MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,581.07 MONTHLY $4,353.59 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 438 $4,372.43 MONTHLY $5,314.53 MONTHLY GENERAL 00259 FOOD SERVICE PROGRAM SPECIALIST (PT)361 $2,687.00 MONTHLY $3,266.00 MONTHLY NA 20060 FOOD SERVICE SUPERVISOR 478 $5,333.23 MONTHLY $6,482.71 MONTHLY MIDDLE MANAGEMENT PENDING FORENSICS SPECIALIST I (FLEX)448 $4,596.32 MONTHLY $5,586.08 MONTHLY POLICE GENERAL PENDING FORENSICS SPECIALIST II 478 $5,337.81 MONTHLY $6,488.27 MONTHLY POLICE GENERAL 20160 FORENSICS SUPERVISOR 543 $7,375.28 MONTHLY $8,964.40 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $7,338.73 MONTHLY $8,920.10 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,676.49 MONTHLY $10,546.10 MONTHLY CONFIDENTIAL 10623 GIS ANALYST 483 $5,347.79 MONTHLY $6,500.32 MONTHLY CONFIDENTIAL 10730 GRANT DIVISION MANAGER (U)601 $9,634.04 MONTHLY $11,710.55 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,998.80 MONTHLY $7,291.06 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $5,284.61 MONTHLY $6,423.99 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,441.42 MONTHLY $4,182.91 MONTHLY GENERAL 20100 GRANTS MANAGER (U)506 $6,132.78 MONTHLY $7,453.90 MONTHLY MIDDLE MANAGEMENT 30098 GROUNDWORKER ARBORIST 392 $3,475.78 MONTHLY $4,225.02 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 452 $4,688.31 MONTHLY $5,699.13 MONTHLY GENERAL 30699 HOMELESS SERVICES ASSISTANT 420 $3,996.70 MONTHLY $4,857.89 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,697.27 MONTHLY $9,355.66 MONTHLY MANAGEMENT 10699 HOMELESS SOLUTION MANAGER (U)601 $9,634.04 MONTHLY $11,710.55 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,821.15 MONTHLY $7,075.51 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U)601 $9,634.04 MONTHLY $11,710.55 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 518 $6,368.17 MONTHLY $7,740.59 MONTHLY CONFIDENTIAL 10683 HUMAN RESOURCES ANALYST I 500 $5,821.15 MONTHLY $7,075.51 MONTHLY CONFIDENTIAL 10684 HUMAN RESOURCES ANALYST II 518 $6,368.17 MONTHLY $7,740.59 MONTHLY CONFIDENTIAL 10682 HUMAN RESOURCES ANALYST TRAINEE 476 $5,164.73 MONTHLY $6,278.27 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U)590 $9,119.52 MONTHLY $11,085.54 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,538.44 MONTHLY $6,732.13 MONTHLY CONFIDENTIAL 30207 HUMAN RESOURCES TECHNICIAN 418 $3,956.80 MONTHLY $4,810.23 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,878.95 MONTHLY $5,930.77 MONTHLY GENERAL 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX)498 $5,763.74 MONTHLY $7,006.18 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,432.08 MONTHLY $7,818.59 MONTHLY CONFIDENTIAL 10637 INFORMATION TECHNOLOGY MANAGER 599 $9,538.72 MONTHLY $11,593.56 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,761.38 MONTHLY $8,218.29 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)430 $4,106.44 MONTHLY $4,990.33 MONTHLY CONFIDENTIAL PENDING LAND DEVELOPMENT ENGINEER 590 $9,119.52 MONTHLY $11,085.54 MONTHLY MANAGEMENT 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)447 $4,573.05 MONTHLY $5,558.37 MONTHLY GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $5,052.96 MONTHLY $6,141.36 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $34.77 HOURLY $34.77 HOURLY NA SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8 Packet Page. 939 ADOPTED 04/17/2024 EFFECTIVE 04/18/2024 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP HOURLY/ MONTHLY UNIT 30113 LEAD ANIMAL CONTROL OFFICER 437 $4,350.27 MONTHLY $5,287.93 MONTHLY GENERAL 30080 LEAD BUILDING INSPECTOR 526 $6,780.88 MONTHLY $8,242.79 MONTHLY GENERAL 30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,897.52 MONTHLY $7,168.80 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,563.34 MONTHLY $4,331.43 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $5,128.33 MONTHLY $6,234.46 MONTHLY GENERAL 20170 LEAD FORENSICS SPECIALIST 516 $6,446.17 MONTHLY $7,834.85 MONTHLY MIDDLE MANAGEMENT 30490 LEAD MAINTENANCE WORKER 452 $4,688.31 MONTHLY $5,699.13 MONTHLY GENERAL 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,154.93 MONTHLY $6,265.49 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U)497 $5,734.50 MONTHLY $6,970.44 MONTHLY CONFIDENTIAL 10233 LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U)593 $9,257.08 MONTHLY $11,252.35 MONTHLY MANAGEMENT 30335 LIBRARIAN I (FLEX)450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 30366 LIBRARIAN II 479 $5,364.41 MONTHLY $6,520.41 MONTHLY GENERAL 30341 LIBRARY ASSISTANT 370 $3,114.46 MONTHLY $3,786.12 MONTHLY GENERAL 20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,874.77 MONTHLY $5,925.69 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U)635 $11,414.83 MONTHLY $13,873.71 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,718.61 MONTHLY $6,951.14 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $4,036.60 MONTHLY $4,906.66 MONTHLY GENERAL 00361 LIBRARY PAGE (PT)361 $2,687.00 MONTHLY $3,266.00 MONTHLY NA 20387 LIBRARY PROGRAM COORDINATOR 450 $4,637.79 MONTHLY $5,637.77 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX)380 $3,274.06 MONTHLY $3,980.08 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 402 $3,653.12 MONTHLY $4,441.15 MONTHLY GENERAL 00133 LIFEGUARD (PT)377 $2,910.00 MONTHLY $3,537.00 MONTHLY NA 30215 LITERACY PROGRAM COORDINATOR 470 $5,128.33 MONTHLY $6,234.46 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,642.18 MONTHLY $8,072.94 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX)393 $3,493.51 MONTHLY $4,246.08 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 415 $3,898.06 MONTHLY $4,738.19 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 425 $4,097.56 MONTHLY $4,980.92 MONTHLY GENERAL 10530 MANAGEMENT ANALYST I (FLEX)476 $5,164.73 MONTHLY $6,278.27 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U)476 $5,164.73 MONTHLY $6,278.27 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,998.80 MONTHLY $7,291.06 MONTHLY MANAGEMENT 10533 MANAGEMENT ANALYST II (U)506 $5,998.80 MONTHLY $7,291.06 MONTHLY MANAGEMENT 10516 MARKETING & MEDIA SPECIALIST 476 $5,164.73 MONTHLY $6,278.27 MONTHLY CONFIDENTIAL PENDING MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,903.33 MONTHLY $5,960.70 MONTHLY POLICE GENERAL 00502 MAYOR NA $4,166.67 MONTHLY $4,166.67 MONTHLY NA 10503 MAYOR'S CHIEF OF STAFF (U)580 $8,676.49 MONTHLY $10,546.10 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)561 $7,891.16 MONTHLY $9,591.80 MONTHLY MANAGEMENT 10528 NETWORK SYSTEMS ADMINISTRATOR 566 $8,090.47 MONTHLY $9,834.43 MONTHLY CONFIDENTIAL 30425 NPDES INSPECTOR I (FLEX)461 $4,903.33 MONTHLY $5,960.70 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,527.33 MONTHLY $6,718.81 MONTHLY GENERAL 20555 NPDES MANAGER 525 $6,741.85 MONTHLY $8,194.75 MONTHLY MIDDLE MANAGEMENT 10122 OMBUDSPERSON 518 $6,368.17 MONTHLY $7,740.59 MONTHLY CONFIDENTIAL 10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U)591 $9,165.01 MONTHLY $11,140.78 MONTHLY MANAGEMENT 30178 PARK RANGER 397 $3,563.34 MONTHLY $4,331.43 MONTHLY GENERAL 20178 PARK RANGER SUPERVISOR 480 $5,386.39 MONTHLY $6,546.94 MONTHLY MIDDLE MANAGEMENT PENDING PARKING ENFORCEMENT OFFICER 380 $3,274.06 MONTHLY $3,980.08 MONTHLY POLICE GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $7,050.81 MONTHLY $8,571.27 MONTHLY MIDDLE MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX)390 $3,441.42 MONTHLY $4,182.91 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $4,016.65 MONTHLY $4,882.27 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,464.58 MONTHLY $7,857.58 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $4,106.44 MONTHLY $4,990.33 MONTHLY CONFIDENTIAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8 Packet Page. 940 ADOPTED 04/17/2024 EFFECTIVE 04/18/2024 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP HOURLY/ MONTHLY UNIT 20400 PERMIT SERVICES SUPERVISOR 494 $5,776.19 MONTHLY $7,020.91 MONTHLY MIDDLE MANAGEMENT 30691 PLANNING AIDE 456 $4,782.52 MONTHLY $5,813.29 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U)594 $9,303.66 MONTHLY $11,308.68 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX)499 $5,927.45 MONTHLY $7,204.26 MONTHLY GENERAL 30682 PLANS EXAMINER II 534 $7,056.85 MONTHLY $8,578.62 MONTHLY GENERAL 30481 PLUMBER 450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 00192 POLICE CADET (PT)368 $2,782.00 MONTHLY $3,382.00 MONTHLY NA 00520 POLICE CALL TAKER (PT)396 $19.85 HOURLY $24.14 HOURLY NA 50283 POLICE CAPTAIN P5 $19,412.09 MONTHLY $19,412.09 MONTHLY POLICE MANAGEMENT 20775 POLICE DISPATCH MANAGER 528 $6,843.73 MONTHLY $8,318.78 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 498 $5,892.47 MONTHLY $7,162.66 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX)425 $4,146.40 MONTHLY $5,040.29 MONTHLY POLICE DISPATCHER 32768 POLICE DISPATCHER II 456 $4,839.53 MONTHLY $5,882.58 MONTHLY POLICE DISPATCHER PENDING POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,581.07 MONTHLY $4,353.59 MONTHLY POLICE GENERAL 50402 POLICE LIEUTENANT P4 $16,494.29 MONTHLY $16,494.29 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,532.62 MONTHLY $10,059.74 MONTHLY POLICE SAFETY PENDING POLICE PERSONNEL AND TRAINING TECHNICIAN 457 $4,806.91 MONTHLY $5,843.21 MONTHLY POLICE GENERAL 20765 POLICE RECORDS SUPERVISOR 464 $4,973.33 MONTHLY $6,045.29 MONTHLY MIDDLE MANAGEMENT PENDING POLICE RECORDS TECHNICIAN I (FLEX)369 $3,098.94 MONTHLY $3,767.28 MONTHLY POLICE GENERAL PENDING POLICE RECORDS TECHNICIAN II 390 $3,441.42 MONTHLY $4,182.91 MONTHLY POLICE GENERAL 40332 POLICE SERGEANT P3 $9,898.35 MONTHLY $12,962.73 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $4,016.65 MONTHLY $4,882.27 MONTHLY GENERAL 00331 POOL MANAGER I (PT)421 $3,624.00 MONTHLY $4,405.00 MONTHLY NA 00333 POOL MANAGER II (PT)443 $4,044.00 MONTHLY $4,916.00 MONTHLY NA 20019 PRINCIPAL ACCOUNTANT 550 $7,636.62 MONTHLY $9,283.33 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,586.38 MONTHLY $11,652.05 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 613 $10,228.72 MONTHLY $12,431.96 MONTHLY MANAGEMENT 20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,575.74 MONTHLY $7,993.21 MONTHLY MIDDLE MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 400 $3,264.00 MONTHLY $3,967.00 MONTHLY NA 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)550 $7,469.79 MONTHLY $9,080.52 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,469.79 MONTHLY $9,080.52 MONTHLY MANAGEMENT 20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,776.19 MONTHLY $7,020.91 MONTHLY MIDDLE MANAGEMENT PENDING PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)411 $3,821.59 MONTHLY $4,645.09 MONTHLY POLICE GENERAL PENDING PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,180.42 MONTHLY $6,296.53 MONTHLY POLICE GENERAL 10212 PUBLIC INFORMATION OFFICER (U)593 $9,257.08 MONTHLY $11,252.35 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX)476 $5,284.61 MONTHLY $6,423.99 MONTHLY GENERAL 30583 PUBLIC WORKS INSPECTOR II 499 $5,927.45 MONTHLY $7,204.26 MONTHLY GENERAL 30584 PUBLIC WORKS INSPECTOR III 529 $6,883.95 MONTHLY $8,366.92 MONTHLY GENERAL 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $6,119.03 MONTHLY $7,438.38 MONTHLY MANAGEMENT 10863 PURCHASING DIVISION MANAGER (U)598 $9,491.06 MONTHLY $11,536.15 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $5,001.98 MONTHLY $6,080.40 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,676.49 MONTHLY $10,546.10 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U)460 $4,768.28 MONTHLY $5,796.24 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT)368 $2,782.00 MONTHLY $3,382.00 MONTHLY NA 00244 RECREATION LEADER (PT)375 $2,881.00 MONTHLY $3,502.00 MONTHLY NA 00230 RECREATION SPECIALIST (PT)400 $3,264.00 MONTHLY $3,967.00 MONTHLY NA 00256 RECREATION SUPERVISOR (AQUATICS) (PT)481 $4,888.00 MONTHLY $5,942.00 MONTHLY NA 30825 RECREATION THERAPIST 468 $5,077.34 MONTHLY $6,172.39 MONTHLY GENERAL 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U)590 $9,119.52 MONTHLY $11,085.54 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8 Packet Page. 941 ADOPTED 04/17/2024 EFFECTIVE 04/18/2024 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP HOURLY/ MONTHLY UNIT 10538 SAFETY OFFICER 530 $6,761.38 MONTHLY $8,218.29 MONTHLY CONFIDENTIAL 00266 SECURITY OFFICER I (PT)378 $2,925.00 MONTHLY $3,555.00 MONTHLY NA 00265 SECURITY OFFICER II (PT)402 $3,296.00 MONTHLY $4,007.00 MONTHLY NA PENDING SENIOR ADMINISTRATIVE ANALYST (U)576 $8,504.26 MONTHLY $10,337.04 MONTHLY MANAGEMENT 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,996.70 MONTHLY $4,857.89 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,441.42 MONTHLY $4,182.91 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $6,016.12 MONTHLY $7,312.88 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 581 $8,719.81 MONTHLY $10,598.09 MONTHLY MANAGEMENT 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,307.04 MONTHLY $5,235.84 MONTHLY GENERAL 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)445 $4,527.60 MONTHLY $5,502.95 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)445 $4,527.60 MONTHLY $5,502.95 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)435 $4,209.34 MONTHLY $5,117.07 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,761.38 MONTHLY $8,218.29 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,792.11 MONTHLY $5,825.49 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,582.45 MONTHLY $9,217.01 MONTHLY CONFIDENTIAL 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 488 $5,483.19 MONTHLY $6,664.97 MONTHLY CONFIDENTIAL 00283 SENIOR LIFEGUARD (PT)396 $3,199.00 MONTHLY $3,889.00 MONTHLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,697.27 MONTHLY $9,355.66 MONTHLY MANAGEMENT 10514 SENIOR MANAGEMENT ANALYST (U)556 $7,697.27 MONTHLY $9,355.66 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $9,211.59 MONTHLY $11,196.02 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 375 $3,193.15 MONTHLY $3,881.44 MONTHLY GENERAL PENDING SENIOR OFFICE ASSISTANT - POLICE 375 $3,193.15 MONTHLY $3,881.44 MONTHLY POLICE GENERAL 10223 SENIOR OFFICE ASSISTANT (U)375 $3,120.72 MONTHLY $3,793.39 MONTHLY CONFIDENTIAL 20243 SENIOR PLANNER 567 $8,313.25 MONTHLY $10,103.91 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER (PT)382 $2,984.00 MONTHLY $3,627.00 MONTHLY NA 10300 SHELTER VETERINARIAN 644 $11,938.02 MONTHLY $14,511.72 MONTHLY MANAGEMENT 30978 SOLID WASTE FIELD INSPECTOR 450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,662.13 MONTHLY $6,882.49 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN (PT)368 $2,782.00 MONTHLY $3,382.00 MONTHLY NA 10689 SUPERVISING HUMAN RESOURCES ANALYST 559 $7,813.17 MONTHLY $9,496.47 MONTHLY CONFIDENTIAL 20336 TECHNOLOGY LIBRARIAN 502 $6,010.96 MONTHLY $7,306.62 MONTHLY MIDDLE MANAGEMENT 10443 TRAFFIC ENGINEER 573 $8,378.60 MONTHLY $10,184.31 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,981.04 MONTHLY $8,486.00 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,714.14 MONTHLY $9,376.35 MONTHLY MIDDLE MANAGEMENT 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $7,016.48 MONTHLY $8,528.08 MONTHLY MIDDLE MANAGEMENT 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX)450 $4,641.76 MONTHLY $5,642.60 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,499.62 MONTHLY $6,684.45 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,355.27 MONTHLY $7,725.19 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,599.92 MONTHLY $4,374.65 MONTHLY GENERAL 10740 TREASURY MANAGER 598 $9,491.06 MONTHLY $11,536.15 MONTHLY MANAGEMENT 20666 TREASURY SUPERVISOR 502 $6,010.96 MONTHLY $7,306.62 MONTHLY MIDDLE MANAGEMENT 30125 VETERINARY ASSISTANT 400 $3,617.65 MONTHLY $4,396.82 MONTHLY GENERAL 30620 VOLUNTEER COORDINATOR 358 $2,933.80 MONTHLY $3,565.56 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,927.72 MONTHLY $5,990.62 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22 (U) DENOTES UNCLASSIFIED * Part-time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2023/2024 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, rules or regulations. SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8 Packet Page. 942 ADOPTED 04/17/2024 EFFECTIVE 04/18/2024 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP HOURLY/ MONTHLY UNIT REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 6/21/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/16/23 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 10/4/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 10/18/23 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 12/6/23 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 3/6/24 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 4/3/24 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 2/2/22 REVISION ADOPTED BY MCC 2/16/22 REVISION ADOPTED BY MCC 3/16/22 REVISION ADOPTED BY MCC 4/6/22 REVISION ADOPTED BY MCC 5/18/22 REVISION ADOPTED BY MCC 6/15/22 SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8 Packet Page. 943 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 July 1, 2023: Police Officer $7,532.62 $8,164.13 $8,796.73 $9,428.23 $10,059.74 P-1 Detective/Corporal $8,746.90 $9,428.23 $10,109.56 $10,789.83 $11,471.16 P-2 Sergeant $9,898.35 $10,664.17 $11,430.00 $12,196.91 $12,962.73 P-3 Lieutenant -- -- -- -- $16,494.29 P-4 Captain -- -- -- -- $19,412.09 P-5 Assistant Chief -- -- -- -- $23,765.30 P-6 Packet Page. 944 1 9 8 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Lynn Merrill, Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Award of Construction Agreement for Police Department HVAC Control System and Valve Replacement (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-074: 1. Approve the award of an Agreement with Western Allied Corporation in the amount of $325,550 for Police Department HVAC Control System and Valve Replacement (Project); 2. Authorize the project construction and construction contingencies costs in the total amount of $ $358,105 for construction of the Project; 3. Authorize the City Manager or designee to execute all documents with Western Allied Corporation; 4. Authorize the Director of Finance and Management Services to amend the FY 2023/24 CIP budget with an additional $15,000 from the Law Enforcement Facilities Fund balance to bring the total project budget to $365,000; and 5. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Executive Summary: Approving the Construction Agreement for the Police HVAC Control System and Valve Replace would permit the replacement of the obsolete HVAC components, allowing for efficient and effective use of the HVAC system for the Police Packet Page. 945 1 9 8 6 Department Headquarters. The agreement will include the construction fee of $325,550. Additional funds are recommended for contingencies in the amount of $32,555. Additional funds are being recommended in the amount of $6,895. for staff administration and project management costs. The total cost for construction and contingencies is $365,000. The total amount of available funding is $350,000. Approving an additional $15,000 from the Law Enforcement Facilities Fund will fully fund the project construction, contingencies, and the City’s staff administration and project management costs. Background The existing HVAC control system for the Police Department Headquarters is obsolete and in need of replacement. The control system does not allow for efficient and effective use of the HVAC system due to limited functionality. Additionally, zone heating hot water valves need to be replaced. City staff requested quotes from 3 HVAC companies including Davidson’s Air Conditioning, WCM Associates, and Western Allied Corporation. Davidson’s Air stated that they are not familiar with the type of system at the Police Department Headquarters and declined the opportunity to provide a quote. WCM did not provide a response after multiple requests. Western Allied Corporation responded to the request with a total cost of $325,550. Company City Cost Davidson’s Air Conditioning San Bernardino, CA Declined WCM Associates San Bernardino, CA Unresponsive Western Allied Corporation Santa Fe Springs, CA $325,550 A sole source justification form was completed to allow Western Allied Corporation to complete the work without a formal bid process per City policy. This company is already familiar with the existing HVAC system and can complete the work without further assessment. Other companies would need to spend time getting familiar with the system, which would increase the cost to complete the project and extend the timeline for completion. The cost of the project is comparable to the recently upgraded HVAC system project completed for the City of Ontario. Discussion The scope of work for the project includes installing an HVAC control system (server and communication hardware), and control upgrades for the AC units, hot water system, variable air volume boxes and exhaust fans. The control upgrades for the various HVAC components will allow integration with the HVAC control system. Up to 80 zone heating and hot water valves will also be replaced. The cost to complete the work by Western Allied Corporation is $325,550. Staff recommends the inclusion of an additional $32,555 for construction contingencies. An additional amount of $6,895. is recommended to be added to the project budget to fund staff administration and project management. The total cost of construction and contingencies is $365,000. Packet Page. 946 1 9 8 6 $15,000 is requested from the Law Enforcement Facilities Fund to fully fund the project construction, contingencies, and City staff administration and project management costs. This would increase the total project budget from $350,000 to $365,000. 2021-2025 Strategic Targets and Goals Authorizing the execution of this amendment aligns with Key Target No. 3 Improved Quality of Life by providing a more comfortable space for the Police Department to operate, which will improve the quality of service. Fiscal Impact There is no General Fund impact associated with this action. Funding for this project is provided through the Law Enforcement Facilities Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-074: 1. Approve the award of an Agreement with Western Allied Corporation in the amount of $325,550 for Police Department HVAC Control System and Valve Replacement (Project); 2. Authorize the project construction and construction contingencies costs in the total amount of $ $358,105 for construction of the Project; 3. Authorize the City Manager or designee to execute all documents with Western Allied Corporation; 4. Authorize the Director of Finance and Management Services to amend the FY 2023/24 CIP budget with an additional $15,000 from the Law Enforcement Facilities Fund balance to bring the total project budget to $365,000; and 5. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution No. 2024-074 Attachment 2 Agreement with Western Allied Corporation Attachment 3 Scope of Work Attachment 4 Sole Source Justification Form Attachment 5 Project Location Map Ward: Ward 1 Synopsis of Previous Council Actions: June 1, 2022 Resolution No. 2022-102 of the Mayor and City Council of the City of San Bernardino Approving and Adopting the City’s Packet Page. 947 1 9 8 6 annual operating budgets and Capital Improvement Plan (CIP) for FY2024 and establishing the City’s appropriation limit. Packet Page. 948 Resolution No. 2024-074 Resolution 2024-074 April 17, 2024 Page 1 of 3 4 4 7 2 RESOLUTION NO. 2024-074 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD AGREEMENT WITH WESTERN ALLIED CORPORATION IN THE AMOUNT OF $325,550 FOR POLICE DEPARTMENT HVAC CONTROL SYSTEM AND VALVE REPLACEMENT (PROJECT); AND AUTHORIZING THE PROJECT CONSTRUCTION AND CONTINGENCIES COSTS IN THE TOTAL AMOUNT OF $358,105 FOR CONSTRUCTION OF THE PROJECT; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS WITH WESTERN ALLIED CORPORATION; AND AUTHRORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2023/24 CIP BUDGET WITH AN ADDITIONAL $15,000. FROM THE LAW ENFORCEMENT FACILITIES FUND BALANCE TO BRING THE TOTAL PROJECT BUDGET TO $365,000; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT. WHEREAS, on June 1st, 2022, the Mayor and City Council adopted Resolution No. 2022- 102 of the Mayor and City Council of the City of San Bernardino, California, Approving and Adopting the City’s annual operating budgets and Capital Improvement Plan (CIP) for FY2024 and establishing the City’s appropriation limit; and WHEREAS, the City of San Bernardino Police Department Headquarters facility has an obsolete heating, venting, and air conditioning (HVAC) unit that is in need of replacement; and WHEREAS, The City of San Bernardino staff requested quotes from three HVAC companies and received a responsive one from Western Allied Corporation in the amount of $325,550.00. 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 approve the award of an agreement with Western Allied Corporation in the amount of $325,550 for the Police Department HVAC Control System and Valve Replacement (Project). Packet Page. 949 Resolution No. 2024-074 Resolution 2024-074 April 17, 2024 Page 2 of 3 4 4 7 2 SECTION 3. The City Manager or designee is hereby authorizing the project construction and construction contingencies costs in the total amount of $358,105 for construction of the project. SECTION 4. The City Manager or designee is hereby authorized to execute all documents with Western Allied Corporation. SECTION 5. The Director of Finance and Management Services is hereby authorized to amend the FY 2023/24 CIP budget with an additional $15,000 from the Law Enforcement Facilities Fund balance to bring the total project budget to $365,000. SECTION 6. The City Manager or designee is hereby authorized to expend the contingency fund, if necessary, to complete the project. SECTION 7.The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 8.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 9. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 950 Resolution No. 2024-074 Resolution 2024-074 April 17, 2024 Page 3 of 3 4 4 7 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-074, adopted at a regular meeting held on the 17th day of April 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 18th day of April 2024. Genoveva Rocha, CMC, City Clerk Packet Page. 951 CITY OF SAN BERNARDINO CONSTRUCTION CONTRACT POLICE BUILDING MANAGEMENT SYSTEM 1. PARTIES AND DATE. This Contract is made and entered into this 17 day of April, 2024 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and Western Allied Corporation, a Corporation with its principal place of business at 12046 E. Florence Avenue, Santa Fe Springs, CA 90670 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract. 2. RECITALS. 2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Building Management System Controls Upgrades related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: C-20. 2.3 Project. City desires to engage Contractor to render such services for the Police Department Building Management System (“Project”) as set forth in this Contract. 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price as required by the Contract. 3. TERMS 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: •Services/Schedule (Exhibit “A”) •Plans and Specifications (Exhibit “B”) •Special Conditions (Exhibit “C”) •Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) •Public Works Contractor Registration Certification (Exhibit “E”) •Payment and Performance Bonds (Exhibit “F”) •Addenda •Change Orders executed by the City Packet Page. 952 2 •Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9 •Notice Inviting Bids, if any •Instructions to Bidders, if any •Contractor’s Bid 3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor. 3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference. 3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City. 3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost. (A) Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Packet Page. 953 3 Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. (B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. 3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings Packet Page. 954 4 made pursuant to Public Contract Code section 3400. 3.3 Period of Performance and Liquidated Damages. 3.3.1 Contractor shall perform and complete all Work under this Contract within 90 days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred Dollars ($500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. 3.3.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract. 3.3.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. 3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract 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. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be Packet Page. 955 5 uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work. 3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below- referenced compensation in accordance with compensation provisions set forth in the Contract. 3.7 Compensation and Payment. 3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Three Hundred Twenty-Five Thousand Five Hundred Fifty Dollars ($325,550.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. 3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. 3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others. 3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Packet Page. 956 6 Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107. 3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums. 3.7.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor. 3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract. 3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. Packet Page. 957 7 3.7.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City. 3.8 Labor 3.8.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. 3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. 3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker. 3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is Packet Page. 958 8 found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.9 Performance of Work; Jobsite Obligations. 3.9.1 Water Quality Management and Compliance. 3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Packet Page. 959 9 3.9.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site. 3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. 3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom. 3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit. 3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity. 3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph. Packet Page. 960 10 3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 3.9.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Packet Page. 961 11 3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 3.9.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract. 3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling. 3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters. 3.9.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition. Packet Page. 962 12 3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code. 3.11 Claims; Government Code Claim Compliance. 3.11.1 Except as otherwise provided in this Contract, if any dispute shall arise between the City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the City within three (3) days after commencement of the disputed work. Contractor’s failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to further pursue the claim under the Contract or at law. 3.11.2 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with all applicable law, including but not limited to these statutes. 3.11.3 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor for: 3.11.3.1 An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City; 3.11.3.2 Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or 3.11.3.3 An amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents. 3.11.4 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must Packet Page. 963 13 be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon. 3.11.5 Supporting Documentation: The Contractor shall submit all claims in the following format: 3.11.5.1 Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made 3.11.5.2 List of documents relating to claim: (A) Specifications (B) Drawings (C) Clarifications (Requests for Information) (D) Schedules (E) Other 3.11.5.3 Chronology of events and correspondence 3.11.5.4 Narrative analysis of claim merit 3.11.5.5 Analysis of Claim cost, including calculations and supporting documents 3.11.5.6 Time impact analysis in CPM format 3.11.6 City’s Response. Upon receipt of a Claim pursuant to this Section, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement. 3.11.6.1 If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the City’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. Packet Page. 964 14 3.11.6.2 Within 30 days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. 3.11.7 Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. 3.11.8 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time. 3.11.8.1 If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 3.11.8.2 For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section. 3.11.8.3 Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 3.11.8.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed. 3.11.9 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those Packet Page. 965 15 provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference. 3.11.10 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less: 3.11.10.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 3.11.10.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. 3.11.11 Government Code Claim Procedures. 3.11.11.1 This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. 3.11.11.2 In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for additional work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City. 3.11.11.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for additional work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City. 3.11.11.4 A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Packet Page. 966 16 Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted. 3.11.12 Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Section. 3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.18.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice. 3.13 Indemnification. 3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and 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, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons. 3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and 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. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers. Packet Page. 967 17 3.14 Insurance. 3.14.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. 3.14.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage: 3.14.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract. 3.14.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project; (5) Cyber Liability: $1,000,000 per occurrence for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; 3.14.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract. Packet Page. 968 18 3.14.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies: 3.14.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it. 3.14.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. 3.14.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor. 3.14.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers. 3.14.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City. 3.14.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers. Packet Page. 969 19 3.14.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits 3.14.7 Privacy/Network Security (Cyber). Contractor shall provide Cyber Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars ($1,000,000) per occurrence and aggregate. Such insurance shall provide coverage for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. 3.14.8 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.14.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated. 3.14.10 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.14.11 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing. 3.14.12 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract. 3.15 Bond Requirements. 3.15.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall Packet Page. 970 20 execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 3.15.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 3.15.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause. 3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.16 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such Packet Page. 971 21 warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.17 Employee/Labor Certifications. 3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract. 3.17.2 Equal Opportunity Employment. Contractor 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. 3.17.3 Verification of Employment Eligibility. By executing this Contract, Contractor 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 subcontractors and sub-subcontractors to comply with the same. 3.18 General Provisions. 3.18.1 City’s Representative. The City hereby designates the Director of Public Works, Operations, and Maintenance or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any Packet Page. 972 22 employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval. 3.18.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor. 3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 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, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties. 3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: CONTRACTOR: Western Allied Corporation 12046 E Florence Avenue Santa Fe Springs, CA 90670 Attn: Alpesh Mistry CITY: City of San Bernardino Vanir Tower, 290 North D Street Packet Page. 973 23 San Bernardino, CA 92401 Attn: City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18.7 Time of Essence. Time is of the essence in the performance of this Contract. 3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 3.18.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.18.10 Laws; Venue. This Contract 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 Contract, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. 3.18.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 3.18.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely Packet Page. 974 24 for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work. 3.18.15 Certification of License. 3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature. 3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party. 3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties. 3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing. 3.18.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection wit 3.18.20 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature 3.18.21 Fleet Management. 3.18.21.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). A Fleet Compliance Certification form is attached hereto to this Agreement as Exhibit “G” and incorporated herein by this reference. Packet Page. 975 25 3.18.21.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. 3.18.21.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. [SIGNATURES ON FOLLOWING PAGE] Packet Page. 976 26 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND WESTERN ALLIED CORPORATION IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney WESTERN ALLIED CORPORATION [***IF CORPORATION, TWO SIGNATURES, PRESIDENT OR VICE PRESIDENT AND SECRETARY OR TREASURER REQUIRED***] Signature Name Title [DELETE THE FOLLOWING SIGNATURE LINE IF SECOND SIGNATURE NOT REQUIRED] Signature Name Title ___________________________________ Contractor’s License Number and Classification ___________________________________ DIR Registration Number Packet Page. 977 Exhibit A- 1 EXHIBIT A SERVICES/SCHEDULE Packet Page. 978 Exhibit B- 1 EXHIBIT B PLANS AND SPECIFICATIONS NOT USED Packet Page. 979 Exhibit C- 1 EXHIBIT C SPECIAL CONDITIONS ARTICLE 1. BONDS Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. Packet Page. 980 Exhibit D- 1 EXHIBIT D CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. Western Allied Corporation By: _________________________ Signature _________________________ Name (Print) _________________________ Title (Print) Packet Page. 981 Exhibit E- 1 EXHIBIT E PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1 Name of Contractor: DIR Registration Number: DIR Registration Expiration:__________________________ Small Project Exemption: _____ Yes or _____ No Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges: 1. Contractor shall maintain a current DIR registration for the duration of the project. 2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. Name of Contractor:____________________ Signature: Name and Title: Dated: 1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Packet Page. 982 Exhibit F - 1 EXHIBIT F PAYMENT AND PERFORMANCE BONDS Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, 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 the Contractor, his or its 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 and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, 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 shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally Packet Page. 983 Exhibit F - 2 protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Packet Page. 984 Exhibit F - 3 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above) (Telephone number of Surety ___________________________________________ and Agent or Representative for service of process in California) Packet Page. 985 Exhibit F - 4 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER Individual DESCRIPTION OF ATTACHED DOCUMENT Corporate Officer Title(s)Title or Type of Document Partner(s)Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Packet Page. 986 Exhibit F - 5 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER Individual DESCRIPTION OF ATTACHED DOCUMENT Corporate Officer Title(s)Title or Type of Document Partner(s)Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND Packet Page. 987 Exhibit F - 6 Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies 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 Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or Packet Page. 988 Exhibit F - 7 pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, 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 Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Packet Page. 989 Exhibit F - 8 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER Individual DESCRIPTION OF ATTACHED DOCUMENT Corporate Officer Title(s)Title or Type of Document Partner(s)Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Packet Page. 990 Exhibit F - 9 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER Individual DESCRIPTION OF ATTACHED DOCUMENT Corporate Officer Title(s)Title or Type of Document Partner(s)Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND Packet Page. 991 Exhibit G- 1 - EXHIBIT G FLEET COMPLIANCE CERTIFICATION Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________ Packet Page. 992 WESTERN ALLIED CORPORATION Mechanical Contractors / Controls Division Contractors License No. 198821 Page 1 of 2 12046 E. Florence Avenue, Santa Fe Springs, CA 90670 T (562) 944-6341 / F (562) 944-7092 July 19, 2023 Subject: San Bernardino Police Department – BMS Controls Upgrade Western Allied is please to submit the following controls proposal for San Bernardino Police Department building located on 710 N. D Street, San Bernardino. This proposal is based on mechanical drawings and site survey. The following specific items are listed to describe and / or clarify the work and items included in this proposal. SCOPE OF WORK A. DDC Server and Backbone a. Provide LonWorks multi-protocol communication backbone. b. Provide a new Adesto SmartServer IoT web server for graphics, scheduling, alarming, and trending. c. Replace existing iLON with SmartServer IoT (SSIoT) and relocate it into the main control panel. d. Provide all low voltage conduit and cabling necessary. B. AC Units a. Provide graphical user front end to monitor and control the AC units via the new SSIoT. C. Hot Water System a. Provide controls for boiler and pump(s). b. Provide, install, and monitor temperature sensors for boiler supply temp, building supply and return temps. c. Integrate the hot water system into the Building Management System (BMS). d. Provide graphical user front end to monitor and control the equipment. D. (80) Variable Air Volume Boxes a. Provide controls for VAV unit including controller, damper actuator, and wall thermostat. b. We are assuming that all hot water valves are in working condition. See Option #1 below for valve replacement. c. Integrate the VAVs into the Building Management System (BMS). d. Provide graphical user front end to monitor and control the VAVs. E. (12) Exhaust Fans a. Provide controls for Exhaust fans including start/stop, status, and alarm. b. Monitor outside air temperature, and outside air relative humidity. c. Provide graphical user front end to monitor and control the Exhaust Fans. F. Option #1 – Replace Heating hot water valves as they are found detective a. Experience suggests that somewhere around 25-40% will not be operating properly and need to be replaced, but that it is fair to assume that most will need to be replaced in the next 10-15 years. b. Provide new Belimo control valves. c. Replace, wire and test all heating hot water Valves. d. Heating system shall be un-operational during the duration of valve replacement work as sections of the piping need to be isolated and drained of water. G. Option #2 – Replace Heating hot water Valves on all VAVs (80 zones), done as a single project. a. Provide new Belimo Valves for all zones. b. Replace, wire and test all heating hot water Valves. Packet Page. 993 WESTERN ALLIED CORPORATION Mechanical Contractors / Controls Division Contractors License No. 198821 Page 2 of 2 12046 E. Florence Avenue, Santa Fe Springs, CA 90670 T (562) 944-6341 / F (562) 944-7092 c. Heating system shall be un-operational during the duration of valve replacement work as sections of the piping need to be isolated and drained of water. EXCLUSIONS A. Any VFD communication cards. B. Any line-voltage or power electrical conduit. C. Any electrical power or lighting. D. Any 120VAC to control panels. E. Staging area and restroom facilities. F. Any plan check and permit fees. G. Any structural, electrical power/lighting, fire sprinkler, life/safety work, or plumbing. H. Any liquidated damages of any kind excluded. I. Any cutting/patching/framing of drywall or plaster wall. J. Any painting. K. Any asbestos or hazardous material abatement work. L. Any CEC Title 24 testing and acceptance. M. Any air-balance. N. Any water-balance. O. Any roof work or protection. P. Any overtime or double time hours. Q. Any parking costs. R. Any costs for freight elevator usage after hours for stocking materials. S. Any roofing. T. Tie into life safety system of the building. U. Overtime labor except for stocking of materials. Working hours included from 6AM to 2:30PM Monday – Friday. V. Covering of duct openings and protection of mechanical equipment during demolition phase of project. W. Any phased construction schedules. X. Any supervision of other trades. PRICING A. Our price for the work above is $238,050.00 including sales tax. B. Option #1 - replace zone heating hot water valve as they are deemed defective (cost per zone): $1,195 C. Option #2 - replace (80) zone heating hot water valves is $87,500 If you have any questions, please feel free to give us a call. We appreciate any feedback that you can give us. If there is anything that we can do, please let us know. Thank you for the opportunity to provide this proposal to you. Sincerely, Alpesh Mistry Western Allied Corporation Packet Page. 994 DocuSign Envelope ID: CCFE5932-F41F-41E1-B674-6932C68DBE3D Packet Page. 995 DocuSign Envelope ID: CCFE5932-F41F-41E1-B674-6932C68DBE3D Packet Page. 996 DocuSign Envelope ID: CCFE5932-F41F-41E1-B674-6932C68DBE3D provided 2/5/2024 n/a n/a Packet Page. 997 DocuSign Envelope ID: CCFE5932-F41F-41E1-B674-6932C68DBE3D Packet Page. 998 DocuSign Envelope ID: CCFE5932-F41F-41E1-B674-6932C68DBE3D Packet Page. 999 Attachment 4 Project Loc ation 200 ft N ➤➤ N Packet Page. 1000 1 9 6 8 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Lynn C. Merrill, Director of Public Works Department:Public Works Subject:Approve Contract Amendment No.4 with Kabbara Engineering for the Pepper Avenue Rehabilitation Project (Wards 3, 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 4 to the Professional Services Agreement with Kabbara Engineering in the amount of $10,000, for additional construction engineering support services, for a total contract amount of $265,531 for Pepper Avenue Rehabilitation Project. Executive Summary Public Works staff are requesting the approval of Amendment No. 4 for additional construction engineering support services, including project management and coordination. The modified scope of services is required by the project due to additional services needed to provide design services support during construction. If approved, Amendment No. 4 to the Professional Services Agreement will increase the project cost by $10,000, and authorize a contract change order, bringing the total amount of the contract to $265,531 to complete the design phase of the project. There is no impact to the general fund with this action. Background Pepper Avenue from Baseline Road to Mill Street was previously identified in the City’s approved Pavement Management Analysis in need of immediate rehabilitation. The project in general will consist of, but not limited, to pavement rehabilitation; grind of existing asphalt at Pepper Avenue between Baseline Road and Mill Street, for total of approximately 2 miles; repair damaged portion and overlay with new asphalt and restripe; replace damaged curb, gutter, and sidewalk within the project limits. On February 17, 2021, the Mayor and City Council awarded a Professional Packet Page. 1001 1 9 6 8 Services Agreement with Kabbara Engineering for design services for Pepper Avenue project in the amount of $234,911.00. On February 2, 2022, the Mayor and City Council approved Amendment No.1 to the Master Agreement, for the purpose of including additional funds for the performance of services under the Master Agreement for the amount of $6,120.00 for a new contract amount of $241,031.00. On August 3, 2022, the Mayor and City Council approved Amendment No. 2 to the Master Agreement, to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement, in the amount of $4,500.00 for a new contract amount of $245,531.00. On January 17, 2024, the Mayor and City Council approved Amendment No. 3 to the Master Agreement, to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement, in the amount of $10,000.00 for a new contract amount of $255,531.00. Discussion Following Mayor and City Council approval of a Professional Services Agreement with Kabbara Engineering, the firm began designing the improvements to the Pepper Avenue project, finalizing the initial design in 2022. Over the past year, the Public Works Department staff met with Kabbara Engineering and received additional construction engineering support services necessary to complete the final stage of the Pepper Avenue Rehabilitation project. Public Works Department staff met with Kabbara Engineering and received input on the requested modifications to the Project. The modifications and additional tasks include: 1. Construction Engineering Support - Kabbara Engineering Design and construction of Pepper Ave. project are consistent with the designated use of this funding as completion of the project will support safety, reduce accidents due to potholes or uneven terrain, will be resistant to weathering and erosion, will require less maintenance and last longer. Kabbara Engineering provided a proposal for an amendment to the contract in the amount of $10,000 to complete the project and have designed the pavement section at Pepper Ave and Rialto Ave intersection to accommodate the existing shallow cover conditions on the storm drain. Additionally, during specific project stages, the consultant assisted in calculating certain quantities to verify the contractor's estimated construction quantities, aiming to prevent change order requests. Packet Page. 1002 1 9 6 8 Funding for the Project was established in FY 2020/21 City’s Annual Operating Budget which included Capital Improvement Plan (CIP) SS20-010. The current balance remaining for the project is $2,645,411.56. The total project cost breakdown is as follows: Original Construction Contract Amount $234,911.00 Amendment No. 1 Amount $6,120.00 Amendment No. 2 Amount $4,500.00 Amendment No. 3 Amount $10,000.00 Amendment No. 4 Amount $10,000.00 Total Project Professional Services Cost $265,531.00 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No.1 – Improved Operational & Financial Stability by leveraging existing resources to provide needed improvements at Pepper Avenue for safer and better traffic flow, ADA access for pedestrian safety and enhance services to the community. Fiscal Impact There is no General Fund impact with this action. Sufficient funding is in the FY 2023/24 CIP project budget to support this change order. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 4 to the Professional Services Agreement with Kabbara Engineering in the amount of $10,000, for additional construction engineering support services, for a total contract amount of $265,531 for Pepper Avenue Rehabilitation Project. Attachments Attachment 1 Kabbara Engineering Amendment No. 4 Attachment 2 Kabbara Engineering Request for Amendment No. 4 Attachment 3 Professional Services Agreement with Kabbara Eng. Ward: Third Ward Third Ward; Sixth Ward Synopsis of Previous Council Actions: February 17, 2021 Resolution No.2021-34 adopted agreement with Kabbara Engineering in the amount of $234,911 to provide the design of Pepper Avenue Rehabilitation from Baseline Road to Mill Street Packet Page. 1003 1 9 6 8 February 2, 2022 Approved First Amendment to the Professional Services Agreement with Kabbara Engineering August 3, 2022 Approved Second Amendment to the Professional Services Agreement with Kabbara Engineering January 17, 2024 Approved Third Amendment to the Professional Services Agreement with Kabbara Engineering Packet Page. 1004 FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KABBARA ENGINEERING (PEPPER AVENUE REHABILITATION PROJECT) This Fourth Amendment to the Professional Services Agreement is made and entered into as of April 17, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Kabbara Engineering, a sole proprietorship (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Consultant have entered into an agreement, dated February 17, 2021, for the purpose of providing professional services for the Pepper Avenue rehabilitation from Baseline Road to Mill Street project (the “Master Agreement”). B. WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated February 2, 2022, Amendment No. 2 to the Master Agreement, dated August 3, 2022, and Amendment No. 3 to the Master Agreement, dated January 17, 2024, for the purpose of including additional services, amending the term provisions, and including additional funds for the performance of services under the Master Agreement. C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of one year, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 4 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Term. The term of the Master Agreement shall commence on the Effective Date (February 17, 2021) and continue through the completion of services as set forth in Exhibit “A” or until December 30, 2024, whichever occurs earlier, unless the Agreement is previously terminated as provided for herein (“Term”). 3. Compensation. The total not to exceed compensation amount shall be increased by Ten Thousand Dollars ($10,000.00) increasing the total not to exceed compensation amount from Two Hundred Fifty-Five Thousand Five Hundred Thirty-One Packet Page. 1005 Dollars ($255,531.00) to Two Hundred Sixty-Five Thousand Five Hundred Thirty-One Dollars ($265,531.00). Work shall be performed at the rates set forth in the Master Agreement. There is no change to the total not to exceed compensation of the Master Agreement. 4. Full Force. Except as amended by this Amendment No. 4, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 4. 5. Electronic Transmission. A manually signed copy of this Amendment No. 4 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No.4 for all purposes. This Amendment No.4 may be signed using an electronic signature. 6. Counterparts. This Amendment No. 4 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] Packet Page. 1006 SIGNATURE PAGE FOR FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KABBARA ENGINEERING (PEPPER AVENUE REHABILITATION PROJECT) IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.4 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Charles A. Montoya City Manager APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT KABBARA ENGINEERING Signature Name Title Packet Page. 1007 EXHIBIT A ADDITIONAL SCOPE OF SERVICES (ATTACHED) Packet Page. 1008 1 601 N. Parkcenter Drive, Suite 205, Santa Ana, CA 92705 T (714) 744-9400 • www.kabbara.net February 23, 2024 CITY OF SAN BERNARDINO Public Works Department 290 North “D” Street San Bernardino, CA 92401 Attention: Mirela Grigorescu, Project Manager Subject: Request for Amendment #4 – Additional Construction Engineering Support Services for the Pepper Avenue Rehabilitation Project (from Baseline Rd. to Mill St.) Dear Ms. Grigorescu: Attached herewith for your review and consideration is our fee proposal for Amendment #4 for the on-going additional construction engineering support services requested by City staff to complete the Pepper Avenue Rehabilitation Project, excluding as-built plan preparation. As you know additional construction support has been on-going as requested by City staff to support the completion of the Pepper Avenue Project, and our budget for amendment #3, for these as-needed services was completed back in December 2023. We understand from City staff that construction is continuing in its final stages, with completion now anticipated for the end of March 2024. Although our hourly rates have increased this year, we will again agree as a courtesy, to honor the hourly rates from our original contract for this Amendment #4. Our hourly fee proposal for these additional services upo is summarized as follows: Amendment #4 - Additional Construction Engineering Support Services for Pepper Avenue Rehabilitation Project Kabbara Engineering (Construction Engineering Support – Hourly Estimate) $ 10,000.00 TOTAL FEE PROPOSAL- AMENDMENT #4 $10,000.00 We respectfully request City approval of this requested Amendment #4, as needed to complete the project. Thank you for this opportunity to continue to be of service. If you have any questions or need additional information, please contact me at the address below, telephone: (714) 744-9400, extension 22, or email at leah@kabbara.net. Sincerely, KABBARA ENGINEERING Leah Kabbara, PE PRINCIPAL ENGINEER Packet Page. 1009 Packet Page. 1010 Packet Page. 1011 Packet Page. 1012 Packet Page. 1013 Packet Page. 1014 Packet Page. 1015 Packet Page. 1016 Packet Page. 1017 Packet Page. 1018 Packet Page. 1019 Packet Page. 1020 Packet Page. 1021 Packet Page. 1022 Packet Page. 1023 Page 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Darren Goodman, Chief of Police Department:Police Subject:Purchase of Police Vehicles (All Wards) Recommendation It is recommended the Mayor and City Council of the City of San Bernardino, California, authorize: 1. The City Manager to execute a Goods Purchase Agreement with Fairview Ford for the purchase of Police Vehicles, and 2. The Director of Finance and Management Services to issue a purchase order to Fairview Ford Sales, not to exceed $810,000. Executive Summary The Police Department relies heavily on police vehicles to allow both police officers and community service officers to respond to calls for service and address public safety needs throughout the City. To maintain a patrol vehicle fleet that runs well and is safe for operation, the Police Department must periodically replace worn high-mileage vehicles and vehicles that have been damaged beyond repair. The Police Department is seeking to purchase Ford Interceptor SUVs and Maverick trucks from Fairview Ford Sales to replace vehicles in the patrol fleet. Background The Police Department replaces some vehicles from its patrol fleet annually to ensure it has an inventory of reliable and safe vehicles. New vehicles replace damaged vehicles along with vehicles that have aged or have high mileage and require a significant amount of maintenance. The Fiscal Year 2023/24 Adopted Budget allocated $1,486,584 for the purchase and outfitting of police vehicles. The Police Department seeks to utilize a portion of these funds to purchase 16 vehicles for use in the Patrol Division. Packet Page. 1024 Page 2 Discussion The Police Department operates 24 hours a day, seven days a week, and relies heavily upon police vehicles to make it possible for police personnel to respond to calls for service throughout the City. Marked vehicles in the Patrol Division are in frequent use, so they deteriorate faster than most vehicles due to rapidly accumulating mileage along with use-related wear and tear. These issues make it necessary to routinely replace vehicles within the Police Department’s patrol fleet. Additionally, police vehicles are sometimes involved in collisions and on some occasions the vehicles are damaged beyond repair, making it necessary to replace their loss from the patrol fleet. In general, the Police Department must replace approximately 25% of its patrol vehicles each year to maintain an operational fleet that does not require the investment of significant man-hours and financial resources to repair or maintain it. The Police Department is seeking to purchase Ford Interceptor SUVs for use by patrol officers in addition to Ford Maverick trucks for use by community service officers assigned to field operations. In the years leading up to 2020, the City’s budget did not allow for the replacement of police vehicles on a regular schedule due to financial constraints, resulting in older vehicles that required more resources to maintain. Beginning in 2020, the COVID pandemic negatively impacted auto manufacturing, reducing vehicle supply and creating a backlog from which auto manufacturers are continuing to recover. During the pandemic, the Police Department was able to acquire some patrol vehicles, could not acquire sufficient vehicles to accommodate normal fleet turnover as vehicles aged. This meant that the fleet stagnated, and older vehicles were retained well beyond their normal service life. The patrol fleet was further strained when vehicles were damaged beyond repair through collisions or mechanical failures, reducing the size of the patrol fleet. National spare part shortages for vehicle repairs have also become an issue that negatively impacted the patrol fleet. Vehicles that required maintenance or repair have often remained out of service for longer than normal due to parts shortages. Although vehicles are eventually returned to service, there has been an increased reliance on those vehicles that were in working order, resulting in an acceleration of the wear and tear on those vehicles that remained operational. To recover from this combination of factors, it is necessary to invest additional resources into the police fleet. The San Bernardino County Sheriff’s Department uses both Police Interceptors and Maverick trucks for its operations. In October of 2023, San Bernardino County conducted an open bid solicitation for 2025-year models on both vehicle types. The documents related to the San Bernardino County Bid process were obtained by staff, reviewed, and found to be relevant to this purchase. The San Bernardino County bid process yielded a winning bid for both vehicle types from Fairview Ford Sales, a locally operated automobile dealership located within the City limits. Fairview Ford has Packet Page. 1025 Page 3 assured staff that they would honor the price quoted to the County, should the City purchase the same vehicles. The City’s bid process mirrors that of the County and would likely yield the same results. To take advantage of the opportunity to order vehicles to be delivered this year, staff is recommending a piggyback purchase process by using the County’s bid results for this purchase. The number and cost of each vehicle type proposed for purchase is listed in the table below. Table A Vehicle Type Quantity Cost Per Unit Total Police Interceptor 13 $55,360.33 $719,684.29 Maverick PU Truck 3 $29,370.16 $88,110.48 Total Vehicles & Cost 16 N/A $807,794.77 The vehicles purchased will be incorporated into the fleet to ensure continuity of operations during the trial period and ensure that there are sufficient vehicles available to meet public safety needs. The City has an existing contract with Enterprise Leasing for vehicles; however, Enterprise has struggled to obtain the vehicles that the Police Department prefers in a timely manner. The Police Department requests to purchase these vehicles as a stop gap measure while the auto industry recovers from vehicle shortages and Enterprise becomes more able to obtain the City’s Police preferred fleet vehicles. 2021-2025 Strategic Targets and Goals The request for the purchase of police vehicles aligns with Goal No. 2 b: Focused, Aligned Leadership and Unified Community. Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness. Fiscal Impact FINANCIAL DATA Current Fiscal Year:Next Fiscal Year:Total Cost:Ongoing Cost: COST $ 810,000 $ 0.00 $ 810,000 $ 0.00 GENERAL FUND SHARE $ 810,000 $ 0.00 $ 810,000 $ 0.00 SOURCE OF FUNDS: The funds were allocated in the FY 23/24 Adopted budget in the vehicle replacement category of the Police Department's budget. Budget Adjustment: No For Fiscal Year: 23/24 Packet Page. 1026 Page 4 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize: 1. The City Manager to execute a Goods Purchase Agreement with Fairview Ford for the purchase of Police Vehicles, and 2. The Director of Finance and Management Services to issue a purchase order to Fairview Ford, not to exceed $810,000. Attachments Attachment 1 Police Interceptor Bid Specifications Attachment 2 Police Interceptor Price Quote Attachment 3 Ford Maverick Bid Specifications Attachment 4 Ford Maverick Price Quote Attachment 5 Goods Purchase Agreement Ward: All Wards Synopsis of Previous Council Actions: February 16, 2022 Mayor and City Council adopted Resolution No. 2022-35, approving the issuance of a purchase order to Fairview Ford, in an amount not to exceed $1,300,000. January 19, 2021 Mayor and City Council adopted Resolution No. 2021-305, approving the issuance of a purchase order to Fairview Ford Sales in the amount of $83,100. August 19, 2020 Mayor and City Council adopted Resolution No. 2020-202, approving the issuance of a purchase order to Fairview Ford Sales, not to exceed $210,000. September 19, 2018 Mayor and City Council adopted Resolution No. 2018-270, authorizing the issuance of a purchase order to Fairview Ford Sales, not to exceed $722,000. Packet Page. 1027 08/2023 Formal ITB Invitation to Bid No. SHR124-ADMSR-5122 2025 Ford Explorer Police Interceptor San Bernardino County Sheriff/Coroner/Public Administrator 655 East Third Street San Bernardino, CA 92415 September 27, 2023 Packet Page. 1028 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 2 of 33 TABLE OF CONTENTS SECTION I: INVITATION TO BID AND GENERAL INFORMATION 1. REPRESENTATIONS AND CERTIFICATIONS .................................... Page 4 2. PUBLIC RECORDS ACT ...................................................................... Page 7 3. PRICING SCHEDULE ......................................................................... Page 8 4. PUBLIC AGENCY PARTICIPATION ..................................................... Page 9 SECTION II: INSTRUCTIONS FOR COMPLETING INVITATION TO BID 1. PRICING YOUR BID ........................................................................... Page 10 2. SUBMITTING YOUR BID ...................................................................... Page 10 3. EVALUATION AND AWARD ............................................................... Page 11 4. PROTEST PROCEDURES ................................................................. Page 12 5. LOCAL VENDOR PREFERENCE ....................................................... Page 12 SECTION III: STANDARD TERMS AND CONDITIONS 1. DEFINITIONS .................................................................................... Page 13 2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST ......................... Page 13 3. CAL OSHA ....................................................................................... Page 13 4. FORMAL BIDS .................................................................................. Page 14 5. DELIVERY ................................................................................................. Page 14 6. INSPECTION .................................................................................... Page 14 7. TERMINATION FOR DEFAULT ......................................................... Page 14 8. TERMINATION FOR CONVENIENCE .............................................. Page 14 9. TITLE ................................................................................................ Page 15 10. VARIATIONS IN SPECIFICATIONS .................................................. Page 15 11. AVAILABILITY OF FUNDING ............................................................. Page 15 12. INSPECTION OF SERVICE/MATERIALS/SUPPLIES ....................... Page 15 13. DISPUTES ......................................................................................... Page 15 14. CHANGES ......................................................................................... Page 16 15. ASSIGNABILITY ................................................................................ Page 16 16. INDEMNITY ....................................................................................... Page 16 Packet Page. 1029 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 3 of 33 17. CONDUCT OF CONTRACTOR ......................................................... Page 16 18. DISALLOWANCE ............................................................................. Page 17 19. GOVERNING LAW AND VENUE ....................................................... Page 17 20. AUDIT AND INSPECTION OF RECORDS ........................................ Page 17 21. PATENT AND COPYRIGHT LICENSE .............................................. Page 18 22. CONTRACTOR REPRESENTATION ................................................ Page 18 23. WARRANTY ...................................................................................... Page 18 24. PERMITS, NOTICES, FEES AND LAWS .......................................... Page 19 25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH ....... Page 19 26. FINDINGS CONFIDENTIAL ............................................................... Page 19 27. NOTICE ............................................................................................. Page 19 28. PRODUCT IDENTIFICATION AND LABELING ................................. Page 19 29. DRUG & ALCOHOL FREE WORKPLACE ......................................... Page 19 30. ORDERING ....................................................................................... Page 20 31. PAYMENTS AND INVOICES ............................................................. Page 20 32. FLAMMABILITY AND TOXICITY ....................................................... Page 20 33. CONTRACT ADMINISTRATION ....................................................... Page 21 34. RIGHT TO ACQUIRE EQUIPMENT AND SERVICES ....................... Page 21 35. NONDISCRIMATION……………………………………………………….Page 21 36. SEVERABILITY ................................................................................. Page 21 37. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS ....................... Page 21 38. CAMPAIGN CONTRIBUTION DISCLOSURE (SB 1439) .................... Page 22 39. LOCAL VENDOR PREFERENCE SELF-CERTIFICATION…………... Page 23 40. LOCAL VENDOR PREFERENCE POLICY 11-10……………………... Page 24 Packet Page. 1030 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 4 of 33 Section I: Invitation to Bid (ITB) and General Information 1. REPRESENTATIONS AND CERTIFICATIONS A. Business Representation Bidder represents as a part of this Bid the following information regarding the ownership, operation, and control of its business: 1. Are you a local business with a physical address within San Bernardino County? __Yes __No 2. Estimated percentage of work in this Bid to be performed or fulfilled locally (within the geographic boundaries of the San Bernardino County):_ % 3. Please complete Attachment A: Local Vendor Preference Self Certification If Bidder or any of its subcontractors, agents or consultants, have previously contracted with the County to perform related work on this project (e.g. preparing components of the statement of work or plans and specifications for this project), Bidder shall identify those previous agreement(s) and submit that list along with the Bid. Other than as may be submitted on said list, Bidder certifies to the best of its knowledge that it and its proposed subcontractors, agents and consultants have not previously contracted with the County to perform work on or related to this project. B. Debarment, Suspension and Related Matters Bidder hereby certifies to the best of its knowledge that neither it nor any of its officers are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any state or federal department or agency (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov.) Bidder certifies that it is registered in the United States General Services Administration’s System for Award Management. Bidder further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State. C. Disclosure of Criminal and Civil Proceedings and Public Contract Terminations Except as allowed for in Section C.4, Bidder hereby certifies to the best of its knowledge that neither it nor any of its officers: 1. Are presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) or have within the past five (5) years been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 2. Have within a three (3) year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. 3. Are presently the target or subject of any investigation, accusation or charges by any federal, state or local law enforcement, licensing or certification body. 4. If Bidder is unable to certify any of the facts set forth in Sections C.1, C.2 or C.3, it certifies that it has listed on a separate sheet(s) attached to this Representations and Certifications each fact that it cannot certify and the reason it cannot do so. That information must include the specific relevant facts (date(s), contract(s) and individual(s) involved, status of action(s), and any other Packet Page. 1031 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 5 of 33 relevant information) that prevent it from making the requested certifications. The County reserves the right to disqualify Bidder based upon information disclosed. Bidder has a continuing duty to disclose information until contract award/execution and shall report, in writing, to the County Department of Purchasing within five business days of knowing or having any reason to know any change in status as certified in the preceding paragraphs B. and C. D. Current Cost or Pricing Bidder certifies to the best of its knowledge that cost and/or pricing data submitted with this Bid, or specifically identified by reference if actual submission of the data is impracticable, are accurate, complete, and current as of the date signed below. E. Independent Pricing Bidder certifies that in relation to this procurement: 1. Unless otherwise required by law, the prices that have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, in the case of a bid, or prior to award, in the case of a proposal, directly or indirectly to any other Bidder or to any competitor; and 2. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit an offer to restrict competition. F. Tax Information The Bidder understands that prior to receiving a contract award from the County, the Bidder must submit a completed IRS W-9 form to provide a Federal Tax ID number, or if not available, to provide a Social Security Number (SSN). G. Duty to Inquire Should Bidder find discrepancies in or omissions from the solicitation, plans, specifications or other documents, or should the Bidder be in doubt as to their meaning, the Bidder shall at once notify the ITB Contact in writing. If the point in question is not clearly and fully set forth, a written addendum will be issued and posted on the County’s web site ePro. It is the Bidders’ responsibility to periodically check the Web site for such addenda. The County will not be responsible for any oral instructions nor for any written materials provided by any County personnel that are not also posted on the ePro web site. H. Campaign Contribution Disclosure (SB 1439) Bidder has disclosed to the County through completion of Attachment C – Campaign Contribution Disclosure Senate Bill 1439, whether it has made any campaign contributions of more than $250 to any member of the Board of Supervisors or other County elected officer [Sheriff, Assessor-Recorder-Clerk, District Attorney, Auditor-Controller/Treasurer/Tax Collector] after January 1, 2023. Bidder acknowledges that under Government Code section 84308, subdivision (e)(2), Bidder may not make a contribution of more than $250 to any County elected officer while award of a contract pursuant to this Invitation to Bid is pending, and for 12 months after a final decision is rendered by the County. Campaign contributions include those made by any agent/person/entity on behalf of the Bidder or by a parent, subsidiary or otherwise related business entity of Bidder. Packet Page. 1032 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 6 of 33 CERTIFICATION The information furnished in Paragraphs A through H and in the accompanying Bid is certified to be factual and correct as of the date submitted and this certification is made under penalty of perjury under the laws of the State of California. Name:_____________________________________________ Title:______________________________________________ Company/Organization:_______________________________ Address:___________________________________________ Signature:__________________________________________ Date:______________________________________________ Phone Number:______________________________________ Email Address:_______________________________________ Packet Page. 1033 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 7 of 33 2. PUBLIC RECORDS ACT All Bids and other material submitted become the property of the County and are subject to release according to the California Public Records Act (Government Code § 7290, et seq). All Bid information, including cost information, will be held in confidence during the evaluation and until a Notice of Intent to Award notification has been issued. Thereafter, Bids are subject to becoming a non-exempt public record. If a Bidder believes that any portion of its Bid is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure within their response. The Bidder also must include a brief description that sets out the reasons for exemption from disclosure. Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act. Requested exemptions that do not meet the requirements of this section will not be considered. The County will use reasonable means to ensure that such information is safeguarded, but will not be held liable for inadvertent disclosure of the information. Bids marked “Confidential” in their entirety will not be honored, and the County might not deny public disclosure of any portion of Bids so marked. By submitting a Bid with portions identified as “Confidential,” Bidder represents that it has a good faith belief that such portions are exempt from disclosure under the California Public Records Act. Bidder may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the County does not disclose the information marked “Confidential,” Bidder agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold harmless the County, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys’ fees, expenses and court costs of any nature arising from or relating to the County’s non-disclosure of any such designated portions of a Bid. TO BE COMPLETED BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER Bidder Company/Organization Name: Authorized Representative Name: Authorized Representative Title: Signature: Date: Packet Page. 1034 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 8 of 33 3. PRICING SCHEDULE A. Specifications San Bernardino County, by and through its included Sheriff/Coroner/Public Administrator (Sheriff) is procuring 2025 Ford Explorer Police Interceptor vehicles as specified below, in quantities ordered, at times needed, to be delivered to the Sheriff’s Automotive Division located at 655 East Third Street, San Bernardino, CA 92415: PRODUCT UOM Annual Usage1 2025 Ford Explorer Police Interceptor EA 85 • Exterior Color – Oxford White • 4DR AWD Police 119” Wheel Base • Front Seat – Driver & Passenger Heavy-Duty Ebony Cloth Bucket Seats • Rear Seat – Ebony Vinyl • Equip GRP AM FM Stereo/MP3/Bluetooth Interface • 3.3L V6 TI-VCT (Non-Hybrid) • 18” Steel Wheels w/Police Tire 255/60R 18 • 10-Speed Auto Transmission • Door Lock Hidden Plunger • Aux Climate Control • Cargo Dome Lamp Red/White • Rear Door/Lock Inoperable • Courtesy Lamp Disable • Key code 1111X (Key Alike) • Noise Suppress Bond Straps • Deflector Plate • Secure Idle (Police Eng. Idle) • Reverse Sensing • Front Lamp Housing (Standard) • Rear View Mirror / with Camera • Front License Plate BKT • 2 – Driver and Passenger Ballistic Level III PLUS Panels • 2 – Drive and Passenger LED Spot Lamps • Police Perimeter Alert • Rear Camera on Demand • Badge Delete • Blind Spot Information System (BLIS) • 50 State Emissions • Flex Fuel Capability Bidders shall quote per item with all equipment, accessories, and requirements as noted in the above specifications, and shall also include any additional fees, i.e California Tire Fee, on their Bid response; no DMV fees shall be quoted. Vehicles shall include all standard warranties and guarantees. Bidders 1 Usage data is approximated historical data, can fluctuate, and is no guarantee for future usage. Packet Page. 1035 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 9 of 33 shall additionally provide information regarding any immediate availability of vehicles in stock, or in transit to their company. Vehicles shall be delivered Monday through Friday, 7:00 a.m. to 3:30 p.m. Each vehicle must be delivered with ten (10) gallons of fuel at minimum. B. Terms & Delivery 1. Terms shall be as listed in Section III – Standard Terms and Conditions. Additionally, San Bernardino County payment terms are Net 60 days after invoice and receipt of Product. Delivery shall be FOB County’s place of delivery, with immediate delivery based upon vehicle availability after issuance of County’s Purchase Order. San Bernardino County is Self-Insured. Vendor shall comply with invoicing requirements as stipulated by San Bernardino County. 2. For questions regarding this specifications or delivery and invoicing, etc. please contact the ITB Contact identified below: San Bernardino County Sheriff/Coroner/Public Administrator Attn: Dayna LaFond – Administrative Supervisor 655 East Third Street – Bureau of Administration, Contracts & Procurement San Bernardino, CA 92415 Email: dlafond@sbcsd.org PRICING SCHEDULE SAMPLE Line Item Description Model Year Estimated Quantity Unit Price Extended Price 1 Each $ $ 2 Each $ $ $ 4. PUBLIC AGENCY PARTICIPATION It is intended that any other public agency (i.e., city, district, public authority, public agency, municipality and other political sub-division or public corporation of California) located in San Bernardino County shall have the option to participate in any award made as a result of this solicitation. Any agency located outside of San Bernardino County shall have the option to participate but shall incur all freight charges from location of awarded Bidder to delivery point. San Bernardino County shall incur no financial responsibility in connection with orders issued under the authority of this provision or in making payments to the vendor. A. Winning Award Will be Required to Comply with the Following: California Revenue and Taxation Code Section 18662 In compliance with California Revenue and Taxation code section 18662, if you are a non-resident of California (out-of-state invoices) who receives California source income, the County will pay California Packet Page. 1036 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 10 of 33 Use Tax directly to the State of California per permit no. SR FH 25-632384. Fifteen (15) business days prior to the first payment, new suppliers or suppliers with expired forms or forms with incorrect information, must submit new forms to the County (forms are available from the Franchise Tax Board website listed below). B. Franchise Tax Board Website: http://www.ftb.ca.gov Section II: Instructions for Completing Invitation to Bid 1. PRICING YOUR BID A. Bid on each item separately. Prices should be stated per unit(s) specified herein. B. Unless otherwise specified, all prices shall be F.O.B. destination. Bids other than F.O.B. destination shall be considered non-responsive and will be rejected. Any freight charges must be priced separately from product pricing. C. Unless otherwise specified, prices Bid herein should NOT include California sales/use tax or Federal excise tax. The County generally is required to pay California sales/use tax, and it should be shown as a separate item on invoices. The County is exempt from payment of Federal excise tax. It must NOT be included in invoices. D. All prices and notations must be in ink or typewritten. No erasures are permitted. Mistakes may be crossed out and corrected and must be initialed in ink by person(s) signing the Bid. E. Discounts of less than forty-five (45) days will not be considered in evaluation of Bids to determine overall apparent low Bidder. F. Net 60 is the prevailing Net term. Net terms of less than 45 days will not be accepted. Net 45 days shall have no interest and no late payment fees. 2. SUBMITTING YOUR BID A. Bids must be submitted electronically through the San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/bso/ according to the timeline below: Release of ITB September 27, 2023 Deadline for Proposals October 5, 2023; 4:00 PM PDT B. In addition to electronic submission, Bids may be submitted in paper form. Each Bid submitted in hard copy must be in a separate sealed envelope WITH BID NUMBER ON THE OUTSIDE and must be delivered to San Bernardino County Sheriff’s Department, Bureau of Administration, Contracts/Procurement Division (where it will be time stamped to indicate time of receipt), 655 East Third Street, San Bernardino, California 92415, by the time and date specified. C. Print, complete, sign and submit Section I, chapters 1 and 2, as part of your Bid. D. Print, complete and submit Section 1, chapter 3, as part of your Bid. Packet Page. 1037 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 11 of 33 E. Failure to Bid on authorized County form may be cause for rejection of Bid. F. Any Bid received at the San Bernardino County Sheriff’s Department, Contracts and Procurement Unit, after the exact time for receipt will not be considered and will be rejected as a late Bid. G. Late Bids will be returned to the Bidder unopened unless it is determined that the late receipt was due solely to mishandling by Sheriff and such determination is made prior to award. H. The County’s primary means of providing Bids and addenda is through ePro (https://epro.sbcounty.gov/bso/). All Bidders must be registered in ePro prior to the date for submission of Bids. I. No oral interpretation shall be made to modify any provisions of any Bid specifications. Requests for an interpretation shall be made in writing to the ITB Contact listed in Section I.3.B prior to Bid opening and a written response will be posted on the County ePro website. J. Any Bidder desiring to withdraw its Bid must do so before County Bid opening. K. Bids submitted in response to this ITB must be in full conformance with the terms and conditions set forth herein. Further, all specification requirements must be met unless the language of the ITB specifically indicates alternate specifications will be considered. L. Samples of items, when required, must be furnished free of expense to the County, and if not destroyed by tests will, upon request, be returned at the Bidder's expense. M. All Bids must be signed with the firm name and by an authorized officer or employee. Obligations assumed by such signature must be fulfilled. 3. EVALUATION AND AWARD A. Bids are subject to acceptance at any time within 270 days after opening of same, unless otherwise stipulated by the County. B. In determining the lowest Bid, discounts of 30 days or greater will be considered. Discounts will be calculated from receipt and acceptance of merchandise or invoice, whichever is later. C. Award will be made by Sheriff to the responsive, responsible Bidder providing the best value. D. The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not materially change the item or its performance within parameters acceptable to the County. E. The County reserves the right to reject any or all Bids and to accept or reject any item(s) thereon, or waive any irregularity in the Bid. F. In the event of a conflict between a unit price Bid and Bidder's extended price, the unit price will prevail unless price is so obviously unreasonable as to indicate an error. In that event, the County will seek clarification from the Bidder if time permits. If not, the County may reject the Bid as non- responsive for the reason of inability to determine the intended Bid. Packet Page. 1038 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 12 of 33 G. The County reserves the right to perform a pre-award survey of the Bidder to determine capability to perform, including but not limited to facilities, financial responsibility, materials/supplies, and past performance. The determination of the County as to the Bidder’s prospective ability to perform the contract shall be conclusive. 4. PROTEST PROCEDURES A. In the event a dispute arises concerning the Bid process prior to the award of the Contract, the Bidder raising the dispute shall submit a request for resolution in writing to the Purchasing Agent. Bidder may appeal the recommended award or denial of award (Protest), provided the Protest: 1. Is submitted in writing. 2. Is submitted within ten (10) calendar days of the issuance date of a Notice of Intent to Award. B. A Protest can only be brought on the following grounds: 1. Failure of the County to follow the selection procedures and adhere to requirements specified in the Invitation to Bid or any addenda or amendments. 2. Violation of conflict of interest as provided by California Government Code Section 87100 et seq. 3. Violation of State or Federal law. C. Protests will not be accepted for any other reasons than those stated above. All Protests must be sent to: Pete Mendoza, Interim Purchasing Director San Bernardino County Purchasing Department 777 E. Rialto Avenue San Bernardino, CA 92415-0760 D. Upon receipt of the formal Protest, the Purchasing Agent, or their designee, will attempt to resolve the Protest. A Protest shall be disallowed when, in the judgment of the Purchasing Agent it has been submitted: (1) as a delay tactic; (2) for the purpose of posturing the Bidder advantageously for future procurement; (3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner. The Purchasing Agent shall make a decision concerning the Protest, and notify the Bidder submitting the Protest, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. The Purchasing Agent shall notify the Bidder making the Protest of the decision, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. If the Contract must be approved by the Board of Supervisors (Board), after receiving a decision from the Purchasing Agent, the Bidder may then present its Protest to the Clerk of the Board of Supervisors for the Board’s review and decision. The Bidder must file its written Protest with the Clerk of the Board or provide a verbal Protest (typically limited to three minutes) prior to the Board making a decision on the Contract. Any decision of the Board shall be deemed final. By submitting a “Letter of Protest”, the Bidder has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this Bid. Protests that do not follow these procedures shall not be considered. The Protest procedures constitute the sole administrative remedy available to the Bidder under this ITB. Upon exhaustion of this remedy no additional recourse is available. 5. LOCAL VENDOR PREFERENCE Packet Page. 1039 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 13 of 33 The County has adopted a preference (County Policy 11-10) for vendors whose principal place of business is located within the boundaries of the County. The definition of a Local Vendor is contained within County Policy 11-10 (Attachment B). A local preference of five percent (5%) preference shall be applied in the cost evaluation of Bids for goods, services, equipment, or a minor public work project, unless an exemption applies. In a price-based bid, five percent (5%) will be deducted from the local vendor’s proposed cost for the purpose of comparison when the local vendor’s proposed cost is not the lowest. If the local vendor’s Bid is equal to or lower than the price of an otherwise successful non-local vendor after the 5% preference is applied, the local vendor will be given the opportunity to match the lowest quoted price. In a best value evaluation, five percent (5%) of the allowable points for cost will be added to the local vendor’s score. If the local vendor’s overall score is equal to or lower than that of an otherwise successful non-local vendor, the local vendor will be recommended for award. Due to the evaluation of qualitative elements along with cost in a best value evaluation, application of local preference for cost proposals may not result in award to a local vendor with the lowest cost after applying local preference. The County’s Local Preference Policy means for example, if two Bidders are responding to this ITB and if quality, service and ability to meet the County’s needs are equal, County staff must determine if one of the Bidders is a local vendor. Bidders may self-certify as a local vendor by submitting Attachment A – Local Vendor Preference Self-Certification. If one of the Bidders is a local vendor, and its quoted price or cost for services, equipment, goods or supplies does not exceed five percent (5%) of the other Bidder’s quoted price or cost, unless it is determined that an exemption applies, staff must give the local vendor an opportunity to match the lowest quoted price to be recommended for the contract award. Section III: Standard Terms and Conditions The terms below apply to any subsequent contract awarded to a successful Bidder. 1. DEFINITIONS A. “Bidder" shall mean any person, firm, partnership, or corporation submitting a Bid to County in response to this ITB. B. "County" shall mean the San Bernardino County, California C. "Contractor" shall mean the Bidder whose Bid is accepted by County and who has entered into an agreement with County to provide the goods, equipment and/or services described herein. 2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST 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 County all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 1 (commencing with §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 County pursuant to the Bid. Such assignment shall be made and become effective at the time the County tenders final payment to the Contractor. 3. CAL OSHA As applicable, all items furnished under this Bid shall meet or exceed the standards established by the California Occupational Safety and Health Act of 1973 and current amendments thereto, provided the end use of the item is for the purpose for which the item is intended. Packet Page. 1040 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 14 of 33 4. FORMAL BIDS In the event this Bid results in a contract and/or purchase order, terms and conditions of this Bid are incorporated therein and form a part of the purchase order. 5. DELIVERY Time is of the essence, and the contract and/or purchase order is subject to termination for failure to deliver on time. The acceptance by County of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the Contractor. 6. INSPECTION All items or services are subject to final inspection and acceptance at designation by the County. Such final inspection shall be made within a reasonable time after delivery. 7. TERMINATION FOR DEFAULT The County may, by written notice of default to the Contractor, terminate any resulting order in whole or in part should the Contractor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the County reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting Contractor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the County. The prevailing market price shall be considered the fair repurchase price. A. If, after notice of termination of any resulting order under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued for convenience as set forth below. B. The rights and remedies of County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 8. TERMINATION FOR CONVENIENCE The County may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time. The County shall pay the Contractor as full compensation for performance until such termination: A. The unit or pro rata price for the delivered and accepted portion. B. A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. Packet Page. 1041 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 15 of 33 C. In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated. D. The rights and remedies of County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 9. TITLE Title to the material and supplies purchased shall pass directly from Contractor to County upon delivery to the County destination, subject to the right of County to reject upon inspection, unless other arrangements have been made with the County in writing in advance. 10. VARIATIONS IN SPECIFICATIONS The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not materially change the item or its performance within parameters acceptable to the County. 11. AVAILABILITY OF FUNDING The maximum amount of payment under this Contract shall be subject to availability of funds to the County. 12. INSPECTION OF MATERIALS/SUPPLIES All performance (which includes materials, supplies and equipment furnished or utilized in the performance of the Contract) shall be subject to inspection and test by the County at all times during the term of the Contract and/or purchase order. The Contractor shall provide adequate cooperation to any inspector assigned by the County to permit the inspector to determine the Contractor's conformity with these specifications and the adequacy of the services being contractually provided. All inspection by the County shall be made in such a manner as not to unduly interfere with Contractor performance. 13. DISPUTES A. Except as otherwise provided in the Contract, any dispute concerning a question of fact regarding a provision of the Contract which is not disposed of by agreement shall be decided by the Director of Purchasing who shall furnish the decision to the Contractor in writing. The decision of the Director of Purchasing shall be final and conclusive unless determined by the court of competent jurisdiction to have been fraudulent or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith. The Contractor shall proceed diligently with the performance of the Contract pending the Director of Purchasing’s decision. B. The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph (A) above. Nothing in the Contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. C. In the event of any dispute, claim, question or disagreement arising from or relating to the Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Packet Page. 1042 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 16 of 33 14. CHANGES The Director of Purchasing may at any time, by written order, make changes within the general scope of the Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. Such changes will become effective not less than 30 days after notice of such changes are provided to Contractor. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the work under the Contract, whether changed or not changed by any such order, the parties shall negotiate an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change; provided however, that if the Director of Purchasing decides that the facts justify such action, the Director of Purchasing may receive and act upon any such claim asserted at any time prior to final payment under the Contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Director of Purchasing shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of the Contract entitled "Disputes". If no agreement can be reached on the changes, at the County’s option the Contractor may continue to proceed with the Contract without the changes becoming effective, or the County may terminate the Contract for convenience in accordance with the applicable provisions in the Contract. 15. ASSIGNABILITY The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County thereto. Notwithstanding the foregoing, Contractor may assign claims for money due or that become due to the Contractor from the County under the Contract without such approval, provided that such assignment is not in violation of, nor would cause the County to be in violation of, applicable law. Written notice of a ny such assignment or transfer shall be furnished promptly to the County. 16. INDEMNITY Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages and/or liability arising out of the Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence. 17. CONDUCT OF CONTRACTOR A. The Contractor agrees to inform the County of all the Contractor's interests, if any, which are or which the Contractor believes to be incompatible with any interests of the County. B. The Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, Packet Page. 1043 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 17 of 33 shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor. C. The Contractor shall not use for personal gain or make other improper use of privileged information which is acquired in connection with the Contract. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of contractors or subcontractors in advance of official announcement. D. The Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding the Contract. The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the Bid and award process. This prohibition shall apply to any amendment, extension or evaluation process once a Contract has been awarded. The Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies. 18. DISALLOWANCE In the event the Contractor receives payment for services under the Contract which is later disallowed by the County, the Contractor shall promptly refund the disallowed amount to the County on request, or at its option, the County may offset the amount disallowed from any payment due to the Contractor under any contract with the County. 19. GOVERNING LAW AND VENUE The Contract shall be construed and interpreted according to the laws of the State of California. The parties agree that the venue of any action or claim brought by any party to the Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. 20. AUDIT AND INSPECTION OF RECORDS A. General. The County shall have the audit and inspection rights described in this section. B. Cost or pricing data. If the Contractor submitted cost or pricing data in connection with the pricing of the Contract or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the Director of Purchasing or his/her representatives who are employees of the County or its agent shall have the right to examine all books, recor ds, documents and other data of the Contractor related to the negotiation pricing or performance of such Packet Page. 1044 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 18 of 33 contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. C. Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of three years from the date of final payment under the Contract, or by (1) and (2) below: 1. If the Contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three years from the date of any resulting final settlement. 2. Records which relate to appeals under the "Disputes" clause of the Contract, or litigation or the settlement of claims arising out of the performance of the Contract, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after Contract completion, whichever is longer. D. The Contractor shall insert a clause containing all the provisions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer under the County's prime contract. 21. PATENT AND COPYRIGHT LICENSE County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under the Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of the Contract shall acknowledge the County as the funding agency and Contractor as the creator of the publication. No such materials or properties produced in whole or in part under the Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printed material, and periodicals, assembled pursuant to the Contract must be filed with the County prior to publication. The Contractor shall report to the Director of Purchasing, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of the Contract of which the Contractor has knowledge. 22. CONTRACTOR REPRESENTATION Unless the Contractor expressly states otherwise in its Bid, where functional requirements are expressly stated as part of the requirements of this solicitation, the Contractor, by responding, represents that in its opinion the materials and/or system proposed is capable of meeting those requirements. In the event of any inconsistency between the functional specifications and the detailed specifications contained in the solicitation, the former will control. 23. WARRANTY Contractor agrees that the equipment or supplies to be furnished shall be covered by the most favorable commercial warranties the Contractor gives to any customer for the same or substantially similar equipment or supplies and that the rights and remedies so provided are in addition to and do not limit any rights afforded to County. Packet Page. 1045 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 19 of 33 24. PERMITS, NOTICES, FEES AND LAWS The Contractor shall, at Contractor's expense, obtain all necessary permits and licenses, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to work and to the preservation of the public health and safety. 25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH Contractor shall comply with all air pollution control, water pollution, Safety and Health Ordinances and statutes which apply to the work performed pursuant to the Contract, including any requirements specified in state government codes. 26. FINDINGS CONFIDENTIAL Any reports, information, data, etc., given to or prepared or assembled by the Contractor under the Contract which the County requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. 27. NOTICE Any notice or notices required or permitted to be given pursuant to the Contract may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the addresses set forth herein. 28. PRODUCT IDENTIFICATION AND LABELING Each package shall be identified with manufacturer's label, which shall conform to the requirements of the Fair Packaging and Labeling Act and Section 12604 of the California Business and Professions Code. 29. DRUG & ALCOHOL FREE WORKPLACE In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of the Contract, Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment: A. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance. B. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance. C. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs. D. Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and Packet Page. 1046 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 20 of 33 the prohibition of drug or alcohol use or impairment from same while performing such service for the County. E. The County may terminate for default or breach of the Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above. 30. ORDERING County shall issue a contract/purchase order containing all applicable requirements to Contractor. Contractor shall complete delivery of items ordered to destinations set forth in the contract/purchase order. Each contract/purchase order shipment shall be accompanied by a delivery confirmation or bill of lading itemizing all materials, goods, supplies or equipment shipped. Partial shipments are acceptable. 31. PAYMENTS AND INVOICES The County is precluded from making payments prior to receipt of equipment or supplies (advance payments). Original detailed invoices will be submitted monthly, or at the completion of each phase or task, or at Contract completion to the address specified below: • Mail/Deliver invoices to: San Bernardino County Sheriff’s Department Attn: Bureau of Administration – Automotive Division 655 East Third Street San Bernardino, CA 92415 • Email invoices to: BOFA-ACCOUNTSPAYABLE@SBCSD.ORG A. Reserved B. The invoice must identify the corresponding purchase order number(s). C. The invoice must specify items and deliverables for all items on the purchase order as described on the “Pricing Schedule.” D. Payment shall be Net 60 Days from receipt and approval of invoice unless otherwise stated. Discounts will be calculated from receipt of merchandise or invoice, whichever is later. E. Payments shall not be provided for services deemed unacceptable by the County or its designee. F. Bidder shall accept all payments from County via electronic fund transfer (EFT) directly deposited into the Bidder’s designated checking or other bank account. Bidder shall promptly comply with directions and accurately complete forms provided by Department required to process EFT payments. 32. FLAMMABILITY AND TOXICITY Materials furnished under the Contract must meet or exceed minimum California State Fire Marshal's standard for flammability and toxicity for institutional fabrics. Contractor shall provide evidence of the California Fire Marshal's test results and approval number. Packet Page. 1047 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 21 of 33 33. CONTRACT ADMINISTRATION The Director of Purchasing is the designated Contracting Officer and is the only County official authorized to make any changes to the Contract or Purchase Order. The County has designated the following individual as the Contracting Officer's Representative (COR): Sheriff’s Administrative Manager – Contracts/Procurement Unit, or their designee San Bernardino County Sheriff’s Department – Bureau of Administration 655 East Third Street San Bernardino, CA 92415 909-387-3602 dlafond@sbcsd.org When necessary, the COR will chair contractor progress meetings and will coordinate the County's contract administrative functions. The COR is designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect Contractor Services, and provide other technical guidance as required. The COR is not authorized to change any terms and conditions of the Contract. Changes to the scope of work will be made only by the Purchasing Agent and/or the Contracting Officer in accordance with the change provisions above. 34. RIGHT TO ACQUIRE EQUIPMENT Nothing in this agreement shall prohibit the County from acquiring the same type or equivalent equipment, goods, materials, or supplies from other sources, when deemed by the County to be in its best interest. 35. NON-DISCRIMINATION During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Execut ive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. 36. SEVERABILITY Should any part of the Contract be held to be invalid by a court of competent jurisdiction, the remainder of the Contract shall be considered as the whole agreement and be binding on the contracting parties. 37. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law Packet Page. 1048 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 22 of 33 (https://www.dgs.ca.gov/OLS/Ukraine-Russia). By submitting a Bid or proposal, Proposer represents that it is not a target of Economic Sanctions. Should it be determined Proposer is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Proposer’s Bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the County. 38. RESERVED 39. CAMPAIGN CONTRIBUTION DISCLOSURE (SB 1439) Campaign contributions include those made by any agent/person/entity on behalf of the Contractor or by a parent, subsidiary or otherwise related business entity of Contractor. Contractor has disclosed to the County using Attachment C - Campaign Contribution Disclosure Senate Bill 1439, whether it has made any campaign contributions of more than $250 to any member of the Board of Supervisors or County elected officer [Sheriff, Assessor-Recorder-Clerk, Auditor-Controller/Treasurer/Tax Collector and the District Attorney] within the earlier of: (1) the date of the submission of Contractor’s proposal to the County, or (2) 12 months before the date the Contract was approved by the Board of Supervisors. Contractor acknowledges that under Government Code section 84308, Contractor is prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors or County elected officer for 12 months after the County’s consideration of the Contract. In the event of a proposed amendment to the Contract, the Contractor will provide the County a written statement disclosing any campaign contribution(s) of more than $250 to any member of the Board of Supervisors or County elected officer within the preceding 12 months of the date of the proposed amendment. Packet Page. 1049 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 23 of 33 ATTACHMENT A Packet Page. 1050 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 24 of 33 Packet Page. 1051 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 25 of 33 ATTACHMENT B Packet Page. 1052 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 26 of 33 Packet Page. 1053 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 27 of 33 Packet Page. 1054 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 28 of 33 Attachment C Campaign Contribution Disclosure (SB 1439) INVITATION TO BID INFORMATION Invitation to Bid Title: Invitation to Bid Number: DEFINITIONS Actively supporting the matter: (a) Communicate directly with a member of the Board of Supervisors or other County elected officer [Sheriff, Assessor-Recorder-Clerk, District Attorney, Auditor-Controller/Treasurer/Tax Collector] for the purpose of influencing the decision on the matter; or (b) testifies or makes an oral statement before the County in a proceeding on the matter for the purpose of influencing the County’s decision on the matter; or (c) communicates with County employees, for the purpose of influencing the County’s decision on the matter; or (d) when the person/company’s agent lobbies in person, testifies in person or otherwise communicates with the Board or County employees for purposes of influencing the County’s decision in a matter. Agent: A third-party individual or firm who, for compensation, is representing a party or a participant in the matter submitted to the Board of Supervisors. If an agent is an employee or member of a third-party law, architectural, engineering or consulting firm, or a similar entity, both the entity and the individual are considered agents. Otherwise related entity: An otherwise related entity is any for-profit organization/company which does not have a parent-subsidiary relationship but meets one of the following criteria: (1) One business entity has a controlling ownership interest in the other business entity; (2) there is shared management and control between the entities; or (3) a controlling owner (50% or greater interest as a shareholder or as a general partner) in one entity also is a controlling owner in the other entity. For purposes of (2), “shared management and control” can be found when the same person or substantially the same persons own and manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees, or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a regular and close working relationship between the entities. Parent-Subsidiary Relationship: A parent-subsidiary relationship exists when one corporation has more than 50 percent of the voting power of another corporation. Bidder must respond to the questions on the following page. If a question does not apply respond N/A or Not Applicable. Packet Page. 1055 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 29 of 33 1. Name of Entity/Individual submitting a bid: 2. Name of Principal (i.e., CEO/President) of entity listed in Question No. 1, if the individual actively supports the matter and has a financial interest in the decision: 3. Name of agent: Company Name Agent(s) 4. Name of Subcontractor(s) (including Principal and Agent(s)) that will be providing services/work under the proposed contract if the subcontractor (1) actively supports the matter and (2) has a financial interest in the decision and (3) will be possibly identified in the contract/agreement with the County or board governed special district. Company Name Subcontractor(s): Principal and/or Agent(s): 5. Is the entity listed in Question No.1 a nonprofit organization under Internal Revenue Code section 501(c)(3)? Yes ☐ No ☐ 6. Was a campaign contribution, of more than $250, made to any member of the San Bernardino County Board of Supervisors or other County elected officer on or after January 1, 2023, by any of the individuals or entities listed in Question Nos. 1-4? No ☐ If no, please skip Question No. 7. Yes ☐ If yes, please continue to complete this form. 7. Name of Board of Supervisor Member or other County elected officer: Name of Contributor: Date(s) of Contribution(s): Amount(s): Packet Page. 1056 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 30 of 33 Please add an additional sheet(s) to identify additional Board Members/County elected officers to whom anyone listed made campaign contributions. By signing the Bid, Bidder certifies that the statements made herein are true and correct. The Bidder understands that the individuals and entities listed in Question Nos. 1-4 are prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors or other County elected officers while this matter is pending and for 12 months after a final decision by the County. Packet Page. 1057 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 31 of 33 ATTACHMENT D Packet Page. 1058 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 32 of 33 Packet Page. 1059 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2025 Ford Explorer Police Interceptor No. SHR124-ADMSR-5122 Page 33 of 33 Packet Page. 1060 Packet Page. 1061 08/2023 Formal ITB Invitation to Bid No. SHR124-ADMSR-5118 2024 Ford Maverick XL – Supercrew 4 Door San Bernardino County Sheriff/Coroner/Public Administrator 655 East Third Street San Bernardino, CA 92415 September 26, 2023 Packet Page. 1062 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 2 of 32 TABLE OF CONTENTS SECTION I: INVITATION TO BID AND GENERAL INFORMATION 1. REPRESENTATIONS AND CERTIFICATIONS .................................... Page 4 2. PUBLIC RECORDS ACT ...................................................................... Page 7 3. PRICING SCHEDULE ......................................................................... Page 8 4. PUBLIC AGENCY PARTICIPATION ..................................................... Page 9 SECTION II: INSTRUCTIONS FOR COMPLETING INVITATION TO BID 1. PRICING YOUR BID ........................................................................... Page 10 2. SUBMITTING YOUR BID ...................................................................... Page 10 3. EVALUATION AND AWARD ............................................................... Page 11 4. PROTEST PROCEDURES ................................................................. Page 11 5. LOCAL VENDOR PREFERENCE ....................................................... Page 12 SECTION III: STANDARD TERMS AND CONDITIONS 1. DEFINITIONS .................................................................................... Page 13 2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST ......................... Page 13 3. CAL OSHA ....................................................................................... Page 13 4. FORMAL BIDS .................................................................................. Page 13 5. DELIVERY ................................................................................................. Page 13 6. INSPECTION .................................................................................... Page 14 7. TERMINATION FOR DEFAULT ......................................................... Page 14 8. TERMINATION FOR CONVENIENCE .............................................. Page 14 9. TITLE ................................................................................................ Page 14 10. VARIATIONS IN SPECIFICATIONS .................................................. Page 15 11. AVAILABILITY OF FUNDING ............................................................. Page 15 12. INSPECTION OF SERVICE/MATERIALS/SUPPLIES ....................... Page 15 13. DISPUTES ......................................................................................... Page 15 14. CHANGES ......................................................................................... Page 15 15. ASSIGNABILITY ................................................................................ Page 16 16. INDEMNITY ....................................................................................... Page 16 Packet Page. 1063 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 3 of 32 17. CONDUCT OF CONTRACTOR ......................................................... Page 16 18. DISALLOWANCE ............................................................................. Page 17 19. GOVERNING LAW AND VENUE ....................................................... Page 17 20. AUDIT AND INSPECTION OF RECORDS ........................................ Page 17 21. PATENT AND COPYRIGHT LICENSE .............................................. Page 18 22. CONTRACTOR REPRESENTATION ................................................ Page 18 23. WARRANTY ...................................................................................... Page 18 24. PERMITS, NOTICES, FEES AND LAWS .......................................... Page 18 25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH ....... Page 18 26. FINDINGS CONFIDENTIAL ............................................................... Page 19 27. NOTICE ............................................................................................. Page 19 28. PRODUCT IDENTIFICATION AND LABELING ................................. Page 19 29. DRUG & ALCOHOL FREE WORKPLACE ......................................... Page 19 30. ORDERING ....................................................................................... Page 19 31. PAYMENTS AND INVOICES ............................................................. Page 20 32. FLAMMABILITY AND TOXICITY ....................................................... Page 20 33. CONTRACT ADMINISTRATION ....................................................... Page 20 34. RIGHT TO ACQUIRE EQUIPMENT AND SERVICES ....................... Page 21 35. NONDISCRIMATION……………………………………………………….Page 21 36. SEVERABILITY ................................................................................. Page 21 37. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS ....................... Page 21 38. CAMPAIGN CONTRIBUTION DISCLOSURE (SB 1439) .................... Page 21 39. LOCAL VENDOR PREFERENCE SELF-CERTIFICATION…………... Page 23 40. LOCAL VENDOR PREFERENCE POLICY 11-10……………………... Page 24 Packet Page. 1064 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 4 of 32 Section I: Invitation to Bid (ITB) and General Information 1. REPRESENTATIONS AND CERTIFICATIONS A. Business Representation Bidder represents as a part of this Bid the following information regarding the ownership, operation, and control of its business: 1. Are you a local business with a physical address within San Bernardino County? __Yes __No 2. Estimated percentage of work in this Bid to be performed or fulfilled locally (within the geographic boundaries of the San Bernardino County):_ % 3. Please complete Attachment A: Local Vendor Preference Self Certification If Bidder or any of its subcontractors, agents or consultants, have previously contracted with the County to perform related work on this project (e.g. preparing components of the statement of work or plans and specifications for this project), Bidder shall identify those previous agreement(s) and submit that list along with the Bid. Other than as may be submitted on said list, Bidder certifies to the best of its knowledge that it and its proposed subcontractors, agents and consultants have not previously contracted with the County to perform work on or related to this project. B. Debarment, Suspension and Related Matters Bidder hereby certifies to the best of its knowledge that neither it nor any of its officers are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any state or federal department or agency (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov.) Bidder certifies that it is registered in the United States General Services Administration’s System for Award Management. Bidder further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State. C. Disclosure of Criminal and Civil Proceedings and Public Contract Terminations Except as allowed for in Section C.4, Bidder hereby certifies to the best of its knowledge that neither it nor any of its officers: 1. Are presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) or have within the past five (5) years been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 2. Have within a three (3) year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. 3. Are presently the target or subject of any investigation, accusation or charges by any federal, state or local law enforcement, licensing or certification body. 4. If Bidder is unable to certify any of the facts set forth in Sections C.1, C.2 or C.3, it certifies that it has listed on a separate sheet(s) attached to this Representations and Certifications each fact that it cannot certify and the reason it cannot do so. That information must include the specific relevant facts (date(s), contract(s) and individual(s) involved, status of action(s), and any other Packet Page. 1065 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 5 of 32 relevant information) that prevent it from making the requested certifications. The County reserves the right to disqualify Bidder based upon information disclosed. Bidder has a continuing duty to disclose information until contract award/execution and shall report, in writing, to the County Department of Purchasing within five business days of knowing or having any reason to know any change in status as certified in the preceding paragraphs B. and C. D. Current Cost or Pricing Bidder certifies to the best of its knowledge that cost and/or pricing data submitted with this Bid, or specifically identified by reference if actual submission of the data is impracticable, are accurate, complete, and current as of the date signed below. E. Independent Pricing Bidder certifies that in relation to this procurement: 1. Unless otherwise required by law, the prices that have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, in the case of a bid, or prior to award, in the case of a proposal, directly or indirectly to any other Bidder or to any competitor; and 2. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit an offer to restrict competition. F. Tax Information The Bidder understands that prior to receiving a contract award from the County, the Bidder must submit a completed IRS W-9 form to provide a Federal Tax ID number, or if not available, to provide a Social Security Number (SSN). G. Duty to Inquire Should Bidder find discrepancies in or omissions from the solicitation, plans, specifications or other documents, or should the Bidder be in doubt as to their meaning, the Bidder shall at once notify the ITB Contact in writing. If the point in question is not clearly and fully set forth, a written addendum will be issued and posted on the County’s web site ePro. It is the Bidders’ responsibility to periodically check the Web site for such addenda. The County will not be responsible for any oral instructions nor for any written materials provided by any County personnel that are not also posted on the ePro web site. H. Campaign Contribution Disclosure (SB 1439) Bidder has disclosed to the County through completion of Attachment C – Campaign Contribution Disclosure Senate Bill 1439, whether it has made any campaign contributions of more than $250 to any member of the Board of Supervisors or other County elected officer [Sheriff, Assessor-Recorder-Clerk, District Attorney, Auditor-Controller/Treasurer/Tax Collector] after January 1, 2023. Bidder acknowledges that under Government Code section 84308, subdivision (e)(2), Bidder may not make a contribution of more than $250 to any County elected officer while award of a contract pursuant to this Invitation to Bid is pending, and for 12 months after a final decision is rendered by the County. Campaign contributions include those made by any agent/person/entity on behalf of the Bidder or by a parent, subsidiary or otherwise related business entity of Bidder. Packet Page. 1066 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 6 of 32 CERTIFICATION The information furnished in Paragraphs A through H and in the accompanying Bid is certified to be factual and correct as of the date submitted and this certification is made under penalty of perjury under the laws of the State of California. Name:__________________________________________________________________ Title:___________________________________________________________________ Company/Organization:____________________________________________________ Address:________________________________________________________________ Signature:_______________________________________________________________ Date:___________________________________________________________________ Phone Number:___________________________________________________________ Email Address:____________________________________________________________ Packet Page. 1067 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 7 of 32 2. PUBLIC RECORDS ACT All Bids and other material submitted become the property of the County and are subject to release according to the California Public Records Act (Government Code § 7290, et seq). All Bid information, including cost information, will be held in confidence during the evaluation and until a Notice of Intent to Award notification has been issued. Thereafter, Bids are subject to becoming a non-exempt public record. If a Bidder believes that any portion of its Bid is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure within their response. The Bidder also must include a brief description that sets out the reasons for exemption from disclosure. Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act. Requested exemptions that do not meet the requirements of this section will not be considered. The County will use reasonable means to ensure that such information is safeguarded, but will not be held liable for inadvertent disclosure of the information. Bids marked “Confidential” in their entirety will not be honored, and the County might not deny public disclosure of any portion of Bids so marked. By submitting a Bid with portions identified as “Confidential,” Bidder represents that it has a good faith belief that such portions are exempt from disclosure under the California Public Records Act. Bidder may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the County does not disclose the information marked “Confidential,” Bidder agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold harmless the County, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys’ fees, expenses and court costs of any nature arising from or relating to the County’s non-disclosure of any such designated portions of a Bid. TO BE COMPLETED BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER Bidder Company/Organization Name: Authorized Representative Name: Authorized Representative Title: Signature: Date: Packet Page. 1068 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 8 of 32 3. PRICING SCHEDULE A. Specifications San Bernardino County, by and through its included Sheriff/Coroner/Public Administrator (Sheriff) is procuring 2024 Ford Maverick XL – Supercrew 4 Door vehicles as specified below, in quantities ordered, at times needed, to be delivered to the Sheriff’s Automotive Division located at 655 East Third Street, San Bernardino, CA 92415: PRODUCT UOM Annual Usage 1 2024 Ford Maverick XL – Supercrew 4 Door EA 15 • Exterior Color – Oxford White • 2.0L EcoBoost w/Automatic Continuously Variable Transmission • Front Cloth Bucket Seats – Black Onyx • Rear Cloth Bench Seat – Black Onyx • 4.5’ Box • 100A Equipment Group • Bedliner – Spray-in • Trailer Hitch Receiver with 4-Pin Connector • Rear Vision Camera • Front License Plate Bracket • Full-Size Spare Wheel and Tire • Wheels – 17-inch steel • All-Season Tires – 225/65 R17 • Remote Keyless Entry System • (4) Key Fobs • Universal Key Fob Programming • Solid Temper Rear Window • Reverse Sensing • Floor Liners, All-Weather Tray Style • California Emissions • Locking Tailgate Bidders shall quote per item with all equipment, accessories, and requirements as noted in the above specifications, and shall also include any additional fees, i.e California Tire Fee, on their Bid response; no DMV fees shall be quoted. Vehicles shall include all standard warranties and guarantees. Bidders shall additionally provide information regarding any immediate availability of vehicles in stock, or in transit to their company. Vehicles shall be delivered Monday through Friday, 7:00 a.m. to 3:30 p.m. Each vehicle must be delivered with ten (10) gallons of fuel at minimum. B. Terms & Delivery 1. Terms shall be as listed in Section III – Standard Terms and Conditions. Additionally, San Bernardino County payment terms are Net 60 days after invoice and receipt of Product. Delivery shall be FOB County’s place of delivery, with immediate delivery based upon vehicle availability 1 Usage data is approximated historical data, can fluctuate, and is no guarantee for future usage. Packet Page. 1069 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 9 of 32 after issuance of County’s Purchase Order. San Bernardino County is Self-Insured. Vendor shall comply with invoicing requirements as stipulated by San Bernardino County. 2. For questions regarding this specifications or delivery and invoicing, etc. please contact the ITB Contact identified below: San Bernardino County Sheriff/Coroner/Public Administrator Attn: Dayna LaFond – Administrative Supervisor 655 East Third Street – Bureau of Administration, Contracts & Procurement San Bernardino, CA 92415 Email: dlafond@sbcsd.org PRICING SCHEDULE SAMPLE Line Item Description Model Year Estimated Quantity Unit Price Extended Price 1 Each $ $ 2 Each $ $ $ 4. PUBLIC AGENCY PARTICIPATION It is intended that any other public agency (i.e., city, district, public authority, public agency, municipality and other political sub-division or public corporation of California) located in San Bernardino County shall have the option to participate in any award made as a result of this solicitation. Any agency located outside of San Bernardino County shall have the option to participate but shall incur all freight charges from location of awarded Bidder to delivery point. San Bernardino County shall incur no financial responsibility in connection with orders issued under the authority of this provision or in making payments to the vendor. A. Winning Award Will be Required to Comply with the Following: California Revenue and Taxation Code Section 18662 In compliance with California Revenue and Taxation code section 18662, if you are a non-resident of California (out-of-state invoices) who receives California source income, the County will pay California Use Tax directly to the State of California per permit no. SR FH 25-632384. Fifteen (15) business days prior to the first payment, new suppliers or suppliers with expired forms or forms with incorrect information, must submit new forms to the County (forms are available from the Franchise Tax Board website listed below). B. Franchise Tax Board Website: http://www.ftb.ca.gov Packet Page. 1070 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 10 of 32 Section II: Instructions for Completing Invitation to Bid 1. PRICING YOUR BID A. Bid on each item separately. Prices should be stated per unit(s) specified herein. B. Unless otherwise specified, all prices shall be F.O.B. destination. Bids other than F.O.B. destination shall be considered non-responsive and will be rejected. Any freight charges must be priced separately from product pricing. C. Unless otherwise specified, prices Bid herein should NOT include California sales/use tax or Federal excise tax. The County generally is required to pay California sales/use tax, and it should be shown as a separate item on invoices. The County is exempt from payment of Federal excise tax. It must NOT be included in invoices. D. All prices and notations must be in ink or typewritten. No erasures are permitted. Mistakes may be crossed out and corrected and must be initialed in ink by person(s) signing the Bid. E. Discounts of less than forty-five (45) days will not be considered in evaluation of Bids to determine overall apparent low Bidder. F. Net 60 is the prevailing Net term. Net terms of less than 45 days will not be accepted. Net 45 days shall have no interest and no late payment fees. 2. SUBMITTING YOUR BID A. Bids must be submitted electronically through the San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/bso/ according to the timeline below: Release of ITB September 26, 2023 Deadline for Proposals October 4, 2023; 4:00 PM PDT B. In addition to electronic submission, Bids may be submitted in paper form. Each Bid submitted in hard copy must be in a separate sealed envelope WITH BID NUMBER ON THE OUTSIDE and must be delivered to San Bernardino County Sheriff’s Department, Bureau of Administration, Contracts/Procurement Division (where it will be time stamped to indicate time of receipt), 655 East Third Street, San Bernardino, California 92415, by the time and date specified. C. Print, complete, sign and submit Section I, chapters 1 and 2, as part of your Bid. D. Print, complete and submit Section 1, chapter 3, as part of your Bid. E. Failure to Bid on authorized County form may be cause for rejection of Bid. F. Any Bid received at the San Bernardino County Sheriff’s Department, Contracts and Procurement Unit, after the exact time for receipt will not be considered and will be rejected as a late Bid. G. Late Bids will be returned to the Bidder unopened unless it is determined that the late receipt was due solely to mishandling by Sheriff and such determination is made prior to award. Packet Page. 1071 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 11 of 32 H. The County’s primary means of providing Bids and addenda is through ePro (https://epro.sbcounty.gov/bso/). All Bidders must be registered in ePro prior to the date for submission of Bids. I. No oral interpretation shall be made to modify any provisions of any Bid specifications. Requests for an interpretation shall be made in writing to the ITB Contact listed in Section I.3.B prior to Bid opening and a written response will be posted on the County ePro website. J. Any Bidder desiring to withdraw its Bid must do so before County Bid opening. K. Bids submitted in response to this ITB must be in full conformance with the terms and conditions set forth herein. Further, all specification requirements must be met unless the language of the ITB specifically indicates alternate specifications will be considered. L. Samples of items, when required, must be furnished free of expense to the County, and if not destroyed by tests will, upon request, be returned at the Bidder's expense. M. All Bids must be signed with the firm name and by an authorized officer or employee. Obligations assumed by such signature must be fulfilled. 3. EVALUATION AND AWARD A. Bids are subject to acceptance at any time within 270 days after opening of same, unless otherwise stipulated by the County. B. In determining the lowest Bid, discounts of 30 days or greater will be considered. Discounts will be calculated from receipt and acceptance of merchandise or invoice, whichever is later. C. Award will be made by Sheriff to the responsive, responsible Bidder providing the best value. D. The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not materially change the item or its performance within parameters acceptable to the County. E. The County reserves the right to reject any or all Bids and to accept or reject any item(s) thereon, or waive any irregularity in the Bid. F. In the event of a conflict between a unit price Bid and Bidder's extended price, the unit price will prevail unless price is so obviously unreasonable as to indicate an error. In that event, the County will seek clarification from the Bidder if time permits. If not, the County may reject the Bid as non- responsive for the reason of inability to determine the intended Bid. G. The County reserves the right to perform a pre-award survey of the Bidder to determine capability to perform, including but not limited to facilities, financial responsibility, materials/supplies, and past performance. The determination of the County as to the Bidder’s prospective ability to perform the contract shall be conclusive. 4. PROTEST PROCEDURES A. In the event a dispute arises concerning the Bid process prior to the award of the Contract, the Bidder raising the dispute shall submit a request for resolution in writing to the Purchasing Agent. Bidder may appeal the recommended award or denial of award (Protest), provided the Protest: Packet Page. 1072 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 12 of 32 1. Is submitted in writing. 2. Is submitted within ten (10) calendar days of the issuance date of a Notice of Intent to Award. B. A Protest can only be brought on the following grounds: 1. Failure of the County to follow the selection procedures and adhere to requirements specified in the Invitation to Bid or any addenda or amendments. 2. Violation of conflict of interest as provided by California Government Code Section 87100 et seq. 3. Violation of State or Federal law. C. Protests will not be accepted for any other reasons than those stated above. All Protests must be sent to: Pete Mendoza, Interim Purchasing Director San Bernardino County Purchasing Department 777 E. Rialto Avenue San Bernardino, CA 92415-0760 D. Upon receipt of the formal Protest, the Purchasing Agent, or their designee, will attempt to resolve the Protest. A Protest shall be disallowed when, in the judgment of the Purchasing Agent it has been submitted: (1) as a delay tactic; (2) for the purpose of posturing the Bidder advantageously for future procurement; (3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner. The Purchasing Agent shall make a decision concerning the Protest, and notify the Bidder submitting the Protest, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. The Purchasing Agent shall notify the Bidder making the Protest of the decision, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. If the Contract must be approved by the Board of Supervisors (Board), after receiving a decision from the Purchasing Agent, the Bidder may then present its Protest to the Clerk of the Board of Supervisors for the Board’s review and decision. The Bidder must file its written Protest with the Clerk of the Board or provide a verbal Protest (typically limited to three minutes) prior to the Board making a decision on the Contract. Any decision of the Board shall be deemed final. By submitting a “Letter of Protest”, the Bidder has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this Bid. Protests that do not follow these procedures shall not be considered. The Protest procedures constitute the sole administrative remedy available to the Bidder under this ITB. Upon exhaustion of this remedy no additional recourse is available. 5. LOCAL VENDOR PREFERENCE The County has adopted a preference (County Policy 11-10) for vendors whose principal place of business is located within the boundaries of the County. The definition of a Local Vendor is contained within County Policy 11-10 (Attachment B). A local preference of five percent (5%) preference shall be applied in the cost evaluation of Bids for goods, services, equipment, or a minor public work project, unless an exemption applies. In a price-based bid, five percent (5%) will be deducted from the local vendor’s proposed cost for the purpose of comparison when the local vendor’s proposed cost is not the lowest. If the local vendor’s Bid is equal to or lower than the price of an otherwise successful non-local vendor after the 5% preference is applied, the local vendor will be given the opportunity to match the lowest quoted price. In a best value evaluation, five percent (5%) of the allowable points for cost will be added to the local vendor’s score. If the local vendor’s overall score is equal to or lower than that of an otherwise successful non-local vendor, the Packet Page. 1073 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 13 of 32 local vendor will be recommended for award. Due to the evaluation of qualitative elements along with cost in a best value evaluation, application of local preference for cost proposals may not result in award to a local vendor with the lowest cost after applying local preference. The County’s Local Preference Policy means for example, if two Bidders are responding to this ITB and if quality, service and ability to meet the County’s needs are equal, County staff must determine if one of the Bidders is a local vendor. Bidders may self-certify as a local vendor by submitting Attachment A – Local Vendor Preference Self-Certification. If one of the Bidders is a local vendor, and its quoted price or cost for services, equipment, goods or supplies does not exceed five percent (5%) of the other Bidder’s quoted price or cost, unless it is determined that an exemption applies, staff must give the local vendor an opportunity to match the lowest quoted price to be recommended for the contract award. Section III: Standard Terms and Conditions The terms below apply to any subsequent contract awarded to a successful Bidder. 1. DEFINITIONS A. “Bidder" shall mean any person, firm, partnership, or corporation submitting a Bid to County in response to this ITB. B. "County" shall mean the San Bernardino County, California C. "Contractor" shall mean the Bidder whose Bid is accepted by County and who has entered into an agreement with County to provide the goods, equipment and/or services described herein. 2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST 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 County all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 1 (commencing with §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 County pursuant to the Bid. Such assignment shall be made and become effective at the time the County tenders final payment to the Contractor. 3. CAL OSHA As applicable, all items furnished under this Bid shall meet or exceed the standards established by the California Occupational Safety and Health Act of 1973 and current amendments thereto, provided the end use of the item is for the purpose for which the item is intended. 4. FORMAL BIDS In the event this Bid results in a contract and/or purchase order, terms and conditions of this Bid are incorporated therein and form a part of the purchase order. 5. DELIVERY Time is of the essence, and the contract and/or purchase order is subject to termination for failure to deliver on time. The acceptance by County of late performance with or without objection or reservation shall not Packet Page. 1074 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 14 of 32 waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the Contractor. 6. INSPECTION All items or services are subject to final inspection and acceptance at designation by the County. Such final inspection shall be made within a reasonable time after delivery. 7. TERMINATION FOR DEFAULT The County may, by written notice of default to the Contractor, terminate any resulting order in whole or in part should the Contractor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the County reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting Contractor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the County. The prevailing market price shall be considered the fair repurchase price. A. If, after notice of termination of any resulting order under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued for convenience as set forth below. B. The rights and remedies of County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 8. TERMINATION FOR CONVENIENCE The County may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time. The County shall pay the Contractor as full compensation for performance until such termination: A. The unit or pro rata price for the delivered and accepted portion. B. A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. C. In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated. D. The rights and remedies of County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 9. TITLE Title to the material and supplies purchased shall pass directly from Contractor to County upon delivery to the County destination, subject to the right of County to reject upon inspection, unless other arrangements have been made with the County in writing in advance. Packet Page. 1075 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 15 of 32 10. VARIATIONS IN SPECIFICATIONS The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not materially change the item or its performance within parameters acceptable to the County. 11. AVAILABILITY OF FUNDING The maximum amount of payment under this Contract shall be subject to availability of funds to the County. 12. INSPECTION OF MATERIALS/SUPPLIES All performance (which includes materials, supplies and equipment furnished or utilized in the performance of the Contract) shall be subject to inspection and test by the County at all times during the term of the Contract and/or purchase order. The Contractor shall provide adequate cooperation to any inspector assigned by the County to permit the inspector to determine the Contractor's conformity with these specifications and the adequacy of the services being contractually provided. All inspection by the County shall be made in such a manner as not to unduly interfere with Contractor performance. 13. DISPUTES A. Except as otherwise provided in the Contract, any dispute concerning a question of fact regarding a provision of the Contract which is not disposed of by agreement shall be decided by the Director of Purchasing who shall furnish the decision to the Contractor in writing. The decision of the Director of Purchasing shall be final and conclusive unless determined by the court of competent jurisdiction to have been fraudulent or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith. The Contractor shall proceed diligently with the performance of the Contract pending the Director of Purchasing’s decision. B. The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph (A) above. Nothing in the Contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. C. In the event of any dispute, claim, question or disagreement arising from or relating to the Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. 14. CHANGES The Director of Purchasing may at any time, by written order, make changes within the general scope of the Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. Such changes will become effective not less than 30 days after notice of such changes are provided to Contractor. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the work under the Contract, whether changed or not changed by any such order, the parties shall negotiate an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change; provided however, that if the Director of Purchasing decides that the facts justify such action, the Director of Purchasing may receive and act upon any such claim asserted at any time prior to final payment under the Contract. Where the cost of property Packet Page. 1076 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 16 of 32 made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Director of Purchasing shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of the Contract entitled "Disputes". If no agreement can be reached on the changes, at the County’s option the Contractor may continue to proceed with the Contract without the changes becoming effective, or the County may terminate the Contract for convenience in accordance with the applicable provisions in the Contract. 15. ASSIGNABILITY The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County thereto. Notwithstanding the foregoing, Contractor may assign claims for money due or that become due to the Contractor from the County under the Contract without such approval, provided that such assignment is not in violation of, nor would cause the County to be in violation of, applicable law. Written notice of any such assignment or transfer shall be furnished promptly to the County. 16. INDEMNITY Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages and/or liability arising out of the Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence. 17. CONDUCT OF CONTRACTOR A. The Contractor agrees to inform the County of all the Contractor's interests, if any, which are or which the Contractor believes to be incompatible with any interests of the County. B. The Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor. C. The Contractor shall not use for personal gain or make other improper use of privileged information which is acquired in connection with the Contract. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of contractors or subcontractors in advance of official announcement. D. The Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding the Contract. The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of Packet Page. 1077 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 17 of 32 the County with respect to the Bid and award process. This prohibition shall apply to any amendment, extension or evaluation process once a Contract has been awarded. The Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies. 18. DISALLOWANCE In the event the Contractor receives payment for services under the Contract which is later disallowed by the County, the Contractor shall promptly refund the disallowed amount to the County on request, or at its option, the County may offset the amount disallowed from any payment due to the Contractor under any contract with the County. 19. GOVERNING LAW AND VENUE The Contract shall be construed and interpreted according to the laws of the State of California. The parties agree that the venue of any action or claim brought by any party to the Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. 20. AUDIT AND INSPECTION OF RECORDS A. General. The County shall have the audit and inspection rights described in this section. B. Cost or pricing data. If the Contractor submitted cost or pricing data in connection with the pricing of the Contract or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the Director of Purchasing or his/her representatives who are employees of the County or its agent shall have the right to examine all books, records, documents and other data of the Contractor related to the negotiation pricing or performance of such contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. C. Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of three years from the date of final payment under the Contract, or by (1) and (2) below: 1. If the Contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three years from the date of any resulting final settlement. 2. Records which relate to appeals under the "Disputes" clause of the Contract, or litigation or the settlement of claims arising out of the performance of the Contract, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after Contract completion, whichever is longer. Packet Page. 1078 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 18 of 32 D. The Contractor shall insert a clause containing all the provisions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer under the County's prime contract. 21. PATENT AND COPYRIGHT LICENSE County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under the Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of the Contract shall acknowledge the County as the funding agency and Contractor as the creator of the publication. No such materials or properties produced in whole or in part under the Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printed material, and periodicals, assembled pursuant to the Contract must be filed with the County prior to publication. The Contractor shall report to the Director of Purchasing, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of the Contract of which the Contractor has knowledge. 22. CONTRACTOR REPRESENTATION Unless the Contractor expressly states otherwise in its Bid, where functional requirements are expressly stated as part of the requirements of this solicitation, the Contractor, by responding, represents that in its opinion the materials and/or system proposed is capable of meeting those requirements. In the event of any inconsistency between the functional specifications and the detailed specifications contained in the solicitation, the former will control. 23. WARRANTY Contractor agrees that the equipment or supplies to be furnished shall be covered by the most favorable commercial warranties the Contractor gives to any customer for the same or substantially similar equipment or supplies and that the rights and remedies so provided are in addition to and do not limit any rights afforded to County. 24. PERMITS, NOTICES, FEES AND LAWS The Contractor shall, at Contractor's expense, obtain all necessary permits and licenses, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to work and to the preservation of the public health and safety. 25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH Contractor shall comply with all air pollution control, water pollution, Safety and Health Ordinances and statutes which apply to the work performed pursuant to the Contract, including any requirements specified in state government codes. Packet Page. 1079 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 19 of 32 26. FINDINGS CONFIDENTIAL Any reports, information, data, etc., given to or prepared or assembled by the Contractor under the Contract which the County requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. 27. NOTICE Any notice or notices required or permitted to be given pursuant to the Contract may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the addresses set forth herein. 28. PRODUCT IDENTIFICATION AND LABELING Each package shall be identified with manufacturer's label, which shall conform to the requirements of the Fair Packaging and Labeling Act and Section 12604 of the California Business and Professions Code. 29. DRUG & ALCOHOL FREE WORKPLACE In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of the Contract, Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment: A. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance. B. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance. C. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs. D. Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County. E. The County may terminate for default or breach of the Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above. 30. ORDERING County shall issue a contract/purchase order containing all applicable requirements to Contractor. . Contractor shall complete delivery of items ordered to destinations set forth in the contract/purchase order. Each contract/purchase order shipment shall be accompanied by a delivery confirmation or bill of lading itemizing all materials, goods, supplies or equipment shipped. Partial shipments are acceptable. Packet Page. 1080 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 20 of 32 31. PAYMENTS AND INVOICES The County is precluded from making payments prior to receipt of equipment or supplies (advance payments). The procurement of these products may be funded in whole, or in part, with federal funds (see Attachment D – Appendix II to Part 200, Title 2 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Original detailed invoices will be submitted monthly, or at the completion of each phase or task, or at Contract completion to the address specified below: • Mail/Deliver invoices to: San Bernardino County Sheriff’s Department Attn: Bureau of Administration – Automotive Division 655 East Third Street San Bernardino, CA 92415 • Email invoices to: BOFA-ACCOUNTSPAYABLE@SBCSD.ORG A. Reserved B. The invoice must identify the corresponding purchase order number(s). C. The invoice must specify items and deliverables for all items on the purchase order as described on the “Pricing Schedule.” D. Payment shall be Net 60 Days from receipt and approval of invoice unless otherwise stated. Discounts will be calculated from receipt of merchandise or invoice, whichever is later. E. Payments shall not be provided for services deemed unacceptable by the County or its designee. F. Bidder shall accept all payments from County via electronic fund transfer (EFT) directly deposited into the Bidder’s designated checking or other bank account. Bidder shall promptly comply with directions and accurately complete forms provided by Department required to process EFT payments. 32. FLAMMABILITY AND TOXICITY Materials furnished under the Contract must meet or exceed minimum California State Fire Marshal's standard for flammability and toxicity for institutional fabrics. Contractor shall provide evidence of the California Fire Marshal's test results and approval number. 33. CONTRACT ADMINISTRATION The Director of Purchasing is the designated Contracting Officer and is the only County official authorized to make any changes to the Contract or Purchase Order. The County has designated the following individual as the Contracting Officer's Representative (COR): Sheriff’s Administrative Manager – Contracts/Procurement Unit, or their designee San Bernardino County Sheriff’s Department – Bureau of Administration 655 East Third Street San Bernardino, CA 92415 909-387-3602 Packet Page. 1081 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 21 of 32 dlafond@sbcsd.org When necessary, the COR will chair contractor progress meetings and will coordinate the County's contract administrative functions. The COR is designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect Contractor Services, and provide other technical guidance as required. The COR is not authorized to change any terms and conditions of the Contract. Changes to the scope of work will be made only by the Purchasing Agent and/or the Contracting Officer in accordance with the change provisions above. 34. RIGHT TO ACQUIRE EQUIPMENT Nothing in this agreement shall prohibit the County from acquiring the same type or equivalent equipment, goods, materials, or supplies from other sources, when deemed by the County to be in its best interest. 35. NON-DISCRIMINATION During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. 36. SEVERABILITY Should any part of the Contract be held to be invalid by a court of competent jurisdiction, the remainder of the Contract shall be considered as the whole agreement and be binding on the contracting parties. 37. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). By submitting a Bid or proposal, Proposer represents that it is not a target of Economic Sanctions. Should it be determined Proposer is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Proposer’s Bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the County. 38. RESERVED 39. CAMPAIGN CONTRIBUTION DISCLOSURE (SB 1439) Campaign contributions include those made by any agent/person/entity on behalf of the Contractor or by a parent, subsidiary or otherwise related business entity of Contractor. Contractor has disclosed to the County using Attachment C - Campaign Contribution Disclosure Senate Bill 1439, whether it has made any campaign contributions of more than $250 to any member of the Board of Packet Page. 1082 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 22 of 32 Supervisors or County elected officer [Sheriff, Assessor-Recorder-Clerk, Auditor-Controller/Treasurer/Tax Collector and the District Attorney] within the earlier of: (1) the date of the submission of Contractor’s proposal to the County, or (2) 12 months before the date the Contract was approved by the Board of Supervisors. Contractor acknowledges that under Government Code section 84308, Contractor is prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors or County elected officer for 12 months after the County’s consideration of the Contract. In the event of a proposed amendment to the Contract, the Contractor will provide the County a written statement disclosing any campaign contribution(s) of more than $250 to any member of the Board of Supervisors or County elected officer within the preceding 12 months of the date of the proposed amendment. Packet Page. 1083 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 23 of 32 ATTACHMENT A Packet Page. 1084 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 24 of 32 ATTACHMENT B Packet Page. 1085 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 25 of 32 Packet Page. 1086 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 26 of 32 Packet Page. 1087 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 27 of 32 Attachment C Campaign Contribution Disclosure (SB 1439) INVITATION TO BID INFORMATION Invitation to Bid Title: Invitation to Bid Number: DEFINITIONS Actively supporting the matter: (a) Communicate directly with a member of the Board of Supervisors or other County elected officer [Sheriff, Assessor-Recorder-Clerk, District Attorney, Auditor-Controller/Treasurer/Tax Collector] for the purpose of influencing the decision on the matter; or (b) testifies or makes an oral statement before the County in a proceeding on the matter for the purpose of influencing the County’s decision on the matter; or (c) communicates with County employees, for the purpose of influencing the County’s decision on the matter; or (d) when the person/company’s agent lobbies in person, testifies in person or otherwise communicates with the Board or County employees for purposes of influencing the County’s decision in a matter. Agent: A third-party individual or firm who, for compensation, is representing a party or a participant in the matter submitted to the Board of Supervisors. If an agent is an employee or member of a third-party law, architectural, engineering or consulting firm, or a similar entity, both the entity and the individual are considered agents. Otherwise related entity: An otherwise related entity is any for-profit organization/company which does not have a parent-subsidiary relationship but meets one of the following criteria: (1) One business entity has a controlling ownership interest in the other business entity; (2) there is shared management and control between the entities; or (3) a controlling owner (50% or greater interest as a shareholder or as a general partner) in one entity also is a controlling owner in the other entity. For purposes of (2), “shared management and control” can be found when the same person or substantially the same persons own and manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees, or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a regular and close working relationship between the entities. Parent-Subsidiary Relationship: A parent-subsidiary relationship exists when one corporation has more than 50 percent of the voting power of another corporation. Bidder must respond to the questions on the following page. If a question does not apply respond N/A or Not Applicable. Packet Page. 1088 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 28 of 32 1. Name of Entity/Individual submitting a bid: 2. Name of Principal (i.e., CEO/President) of entity listed in Question No. 1, if the individual actively supports the matter and has a financial interest in the decision: 3. Name of agent: Company Name Agent(s) 4. Name of Subcontractor(s) (including Principal and Agent(s)) that will be providing services/work under the proposed contract if the subcontractor (1) actively supports the matter and (2) has a financial interest in the decision and (3) will be possibly identified in the contract/agreement with the County or board governed special district. Company Name Subcontractor(s): Principal and/or Agent(s): 5. Is the entity listed in Question No.1 a nonprofit organization under Internal Revenue Code section 501(c)(3)? Yes ☐ No ☐ 6. Was a campaign contribution, of more than $250, made to any member of the San Bernardino County Board of Supervisors or other County elected officer on or after January 1, 2023, by any of the individuals or entities listed in Question Nos. 1-4? No ☐ If no, please skip Question No. 7. Yes ☐ If yes, please continue to complete this form. 7. Name of Board of Supervisor Member or other County elected officer: Name of Contributor: Date(s) of Contribution(s): Amount(s): Packet Page. 1089 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 29 of 32 Please add an additional sheet(s) to identify additional Board Members/County elected officers to whom anyone listed made campaign contributions. By signing the Bid, Bidder certifies that the statements made herein are true and correct. The Bidder understands that the individuals and entities listed in Question Nos. 1-4 are prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors or other County elected officers while this matter is pending and for 12 months after a final decision by the County. Packet Page. 1090 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 30 of 32 ATTACHMENT D Packet Page. 1091 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 31 of 32 Packet Page. 1092 San Bernardino County Sheriff/Coroner/Public Administrator Invitation to Bid 2024 Ford Maverick XL – Supercrew 4 Door No. SHR124-ADMSR-5118 Page 32 of 32 Packet Page. 1093 Packet Page. 1094 CITY OF SAN BERNARDINO GOODS PURCHASE AGREEMENT This Goods Purchase Agreement (“Agreement”) is entered into this 17th day of April 2024, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and Fairview Ford Sales, Inc, a California Corporation with its principal place of business at 292 N. G Street, San Bernardino, CA 92410 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. DEFINITIONS. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” MATERIALS AND WORKMANSHIP. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this 0 will be deemed to be defective material for purposes of 0. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request. INSPECTIONS AND TESTS. City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under 0. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof. WARRANTY. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under 0. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. Packet Page. 1095 2 OF 13 4 4 2 6 Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this 0. For any breach of the warranties contained in 0 and 0, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City: Repair the defective Goods; Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties. In the event of a breach by Supplier of its obligations under this 0, City will not be limited to the remedies set forth in this 0, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. CHANGES. City, at any time, by a written order, and without notice to any surety, may make changes to the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier. Packet Page. 1096 3 OF 13 4 4 2 6 PAYMENTS. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of the Goods. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense. Payment of the final Progress Milestone payment or any retention will be made by City upon: Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; Written acceptance of the Goods by City; Delivery of all drawings and specifications, if required by City; Delivery of executed full releases of any and all liens arising out of this Agreement; and Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to 0 will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Packet Page. 1097 4 OF 13 4 4 2 6 SCHEDULE FOR DELIVERY. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of 10% of the purchase cost per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s). TAXES. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. INDEPENDENT CONTRACTOR. Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. SUBCONTRACTS. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in 0, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City. Packet Page. 1098 5 OF 13 4 4 2 6 TITLE AND RISK OF LOSS. Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods. INDEMNIFICATION. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. INSURANCE. General. Supplier shall take out and maintain: Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and Packet Page. 1099 6 OF 13 4 4 2 6 Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. 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. 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. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. LIENS. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. Packet Page. 1100 7 OF 13 4 4 2 6 Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. TERMINATION OF AGREEMENT BY CITY. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. On receipt of notice under 0, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. Upon termination pursuant to 0, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to 0. FORCE MAJEURE Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine Packet Page. 1101 8 OF 13 4 4 2 6 restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. MISCELLANEOUS PROVISIONS. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Michele Mahan, Lieutenant With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney SUPPLIER: Fairview Ford Sales 292 N. G Street San Bernardino, CA. 92410 Attn: Todd Eff Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. Packet Page. 1102 9 OF 13 4 4 2 6 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 rights by custom, estoppel or otherwise. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. Interpretation. Since the Parties or their agents have participated fully 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. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party. 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. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE] Packet Page. 1103 10 OF 13 4 4 2 6 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FAIRVIEW FORD SALES INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF SAN BERNARDINO APPROVED BY: Charles A. Montoya City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney FAIRVIEW FORD SALES Signature ___________ Name Title Packet Page. 1104 11 OF 13 4 4 2 6 Exhibit A Goods Specifications Police Interceptor Requirements The vehicles should meet the following requirements: •2025 Police Interceptor (black with white doors and roof) •4DR All Wheel Drive with a 119” wheel base •Front driver and passenger seats should be cloth bucket seats •3.3 L V6 engine •10 speed automatic transmission •Hidden door lock plunger •Red/white cargo dome lamp •Rear door locks should be inoperable •Common key code with San Bernardino PD Vehicles •Secure Idle •Reverse sensing •Rear view mirror with camera •2 driver and passenger ballistic level III Plus door panels •2 spot lights (one on driver and one on passenger side) •Blind Spot Information System Maverick Pickup Truck Requirements The vehicles should meet the following requirements: •2025 Maverick Pickup Truck (solid white) •4DR •2.0 L. EcoBoost engine with automatic continuously variable transmission •Front cloth bucket seats in black •Rear cloth bench seat in black •100A equipment group •Rear vision camera •Full size spare wheel and tire •Remote keyless entry system with (4 key fobs) •Reverse sensing •All weather floor liners •Locking tailgate Packet Page. 1105 12 OF 13 4 4 2 6 Exhibit B Delivery Schedule Vehicles should be delivered within 30 days of the dealership taking delivery of the vehicles from the manufacturer. Packet Page. 1106 13 OF 13 4 4 2 6 Exhibit C Fee Schedule See Attached Pricing Forms from Fairview Ford Sales Inc. Packet Page. 1107 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:April 17, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Darren Goodman, Chief of Police Department:Police Subject:Acceptance of Fiscal Year 2022 Emergency Management Performance Grant (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-076, authorizing: 1. The acceptance of the Fiscal Year 2022 Emergency Management Performance Grant; and 2. The amendment of the Fiscal Year 2023/2024 Adopted Budget in both revenue and expenditures by $40,866. Executive Summary The City of San Bernardino receives formulary grant funds from the Emergency Management Performance Grant (EMPG) program on an annual basis, and the grant award is managed by the Police Department. The City was awarded $40,866 for Fiscal Year 2022. The funding will be allocated to projects that enhance the City’s response to emergency events. Background The City of San Bernardino has participated in the Emergency Management Performance Grant (EMPG) program for several years. The purpose of this grant program is the support of emergency management at the local, tribal, and state levels to prepare for, mitigate, respond to, and recover from emergencies or disaster incidents. The Police Department currently has the responsibility for this grant and has previously used EMPG grant funds to improve its response capabilities during disasters and emergency events. For Fiscal Year 2022, the City received $40,866 in funds from the EMPG program. Packet Page. 1108 Discussion The County of San Bernardino administers the EMPG program and provides grants to local agencies via a non-competitive grant formula. The County charges an administrative fee of 5% and distributes the remaining grant funds among the cities and towns within the county. Each city’s portion is determined on a per capita basis. The City of San Bernardino’s portion of this award for Fiscal Year 2022 was $40,866. The EMPG grant program is designed to aid the funding of projects related to preparing for, responding to, mitigating, and recovering from emergencies or disasters, both natural and man-made. This is a reimbursement grant that is awarded each year and has a two-year performance period. The grant conditions include a requirement that the City provide a matching contribution, which will be fulfilled through in-kind personnel costs of the employee assigned to manage the grant program. For the Fiscal Year 2022 EMPG grant, the performance period will last from July 1, 2023, through June 30, 2024. During that period, the Police Department will be responsible for the completion of grant projects and the compliance with grant terms. 2021-2025 Strategic Targets and Goals The request to authorize the receipt and expenditure of grant funds aligns with Key Target No. 1. Improved Operational and Financial Capacity, implement, maintain, and update a fiscal accountability plan. Fiscal Impact The Fiscal Year 2023/2024 Operating Budget will be amended in both revenues and expenditures in the amount of $40,866. The General Fund impact associated with this item is $40,866. This is the required match for the grant, which will be fulfilled through in-kind personnel costs of the employee assigned to manage the grant program. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-076, authorizing: 1. The acceptance of the Fiscal Year 2022 Emergency Management Performance Grant; and 2. The amendment of the Fiscal Year 2023/2024 Adopted Budget in both revenue and expenditures by $40,866. Attachments 1. Attachment 1 EMPG Resolution No. 2024-076 2. Attachment 2 Fiscal Year 2022 EMPG Project Approval Notification 3. Attachment 3 EMPG Allocation Matrix Ward: All Wards Packet Page. 1109 Synopsis of Previous Council Actions: January 19, 2022 Mayor and City Council adopted Resolution No. 2022-14 authorizing the acceptance of the 2021 EMPG grant. July 2, 2021 Mayor and City Council adopted Resolution No. 2021-134, authorizing the acceptance of the 2020 EMPG grant. July 15, 2020 Mayor and City Council adopted Resolution No. 2020-168, authorizing the acceptance of the 2019 EMPG grant. Packet Page. 1110 Resolution No. 2024-076 Resolution 2024-076 April 17, 2024 Page 1 of 3 4 4 6 7 RESOLUTION NO. 2024-076 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE FISCAL YEAR 2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT AND AMMENDING THE FISCAL YEAR 2023/2024 ADOPTED BUDGET REVENUE AND EXPENDITURES BY $40,866. WHEREAS, The City of San Bernardino is a participating jurisdiction in the Emergency Management Performance Grant (EMPG) and has used funds from the program to purchase equipment that enables the City to better prevent, protect against, mitigate, respond to, and recover from emergency events and natural disasters; and WHEREAS, on July, 26 2023, the Police Department received notification that the City was awarded $40,866 in EMPG funds from the Fiscal Year 2022 grant project. 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 to accept the Fiscal Year 2022 EMPG grant in the amount of $40,866 and execute any documents as may be necessary to accept grant funds. SECTION 3. The Director of Finance and Management Services is hereby authorized to amend the FY2023/2024 Adopted Budget , appropriating $40,866 in revenue and expenditures. SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. Packet Page. 1111 Resolution No. 2024-076 Resolution 2024-076 April 17, 2024 Page 2 of 3 4 4 6 7 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of April 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 1112 Resolution No. 2024-076 Resolution 2024-076 April 17, 2024 Page 3 of 3 4 4 6 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-076, adopted at a regular meeting held on the 17th day of April 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 18th day of April 2024. Genoveva Rocha, CMC, City Clerk Packet Page. 1113 Packet Page. 1114 Packet Page. 1115 San Bernardino County Office of Emergency Services FY2022 Emergency Management Performance Grant (EMPG) Allocation Matrix Population Total City/Town/Jurisdictions (POP) Base Per Capita Allocation Adelanto 36,357 $ 13,000 $ 4,588 $ 17,588 Ap·i,re::vai.ie·y::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::?.:�;:�:��:: s 13,000 $ 9. 543 .. s" .............. 2:i;s4i .. Barstow 25,202 $ 13,000 $ 3, 180 .. $ .................. ;i'E(1's'O ...·sig)3eiirTai<e:::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::�;.��r s 13,000 $636 .. s ........ �i'3·;s3s .. . Chino 91,998 $ 13,000 $ 1 1,609 · $ ................. 2(609 ...·c'tiTrio ... Rl'ii's ................................................................................ 1i\ia�r s 13,000 $ 9,838 .. s ................. 2i;·s:ia ...·coifon ............................................................................................ sa;·s·fi" s 13,000 $ 6,766 .. s .... fijj;s·s""·cou.nty ... On'in·c,:i'r;;aratecf ..................................... a.oo;·o·cfa .. s 13,000 $ 37,85s · s ............. scf;asK· Fontana (Planning provided by OES)212,809 $ 13,000 $ 26,853 .. $ ................ jg·;·ssa'°· ..................................................................................................................................... Grand Terrace 13,042 $ 13,000 $ 1,646 $ 14,646 :Res.pe.ria·::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::�(oo;·:fa�( s 13,000 $ 12. 659 .. s" ............... 2s·;a ss ... Highland .......................................................... 56 ,546 .. $ 13,000 $ 7,135 ·s· ............ 20·;·1·3"s° .. Loma Linda 25,349 $ 13,000 $ 3, 199 $ 16, 199 .Kifo'rifoi'afr .................................................................................... a·1�s·4ff s 13,ooo $ 4,776 . s ... 1.fi1s"··Neec:ffes .......................................................................................... 4;"a"1s.. s 13,000 $ 615 ·· s .................. 1.ra:nr..................................................................................................................................... Ontario 179,516 $ 13,000 $ 22,652 $ 35,652 'i:fan'd,·a::ciica·m·o·niia:::::::::::::::::::::::::::::::::: ::::::::::::::.-;;;:4;41s:: s 1 a,000 $ 22,016 ·· s ...... a s-;-ths". Redlands 72,585 $ 13,000 $ 9, 159 .. s" ............... 22;·1°sf· ····························--··································--·······--· .. ·•·············· ..................................... ..Rialto 103,954 $ 13,000 $ 13,117 $ 26,117 ·siii'ri"s·erna.rci'iri·a ............................................................. 2.2o;·a40·· s 1 a,000 $ 2 1,866 .. s ............ 4 o ·;a s·ir-fwent'�i"ril'rie .. PaiiTis··· ...................................................... 21Jss .. s 13,000 $ 3,493 .. s ................... .,s·;4sa ... Upland (Planning provided by OES) 79,139 $ 13,000 $ 9,986 $ 22,986 \iicfoivffie ............................................................................... ;fa"sJs-r· s 13,000 $ 11,232 ·s ... ao)z3i ..vu·ca'ip"a" ...................................................................................... s4;·4·s4 .. s 13,000 $ 6,876 .. s .................. 1i;·a:,s · ..vu·cca'\ia'ii'ey ......................................................................... :z'iJ1·a .. s 13,000 $ 2,1s2 ... s ................. 1·s·;15i'· .............................................................................................. ....................................... . ........................................... .. OES $ 50,000 $ 50,000·rv1&A .. c'ef% .. 0Tgran'i> ............................................................................................................................. $......· · ................. s ................. a4;2s·s· .. Total 2,187,665 $ 375,000 $ OES Total $ (lncudes OES Allocation of $50k, County Unincorp., 163,694 Fontana, and Upland) M&A $ 34,266 ----------OES/M&A Total $ 197,960 ----- Parlicipating Jurisdictions $ 364,046 ----------Jurisdictions Opting Out in Prior Years $ 123,307 ---'-----------TOTAL EMPG $ 685,313 ============= 276,047 $ 685,313 Calculation is SBCounty Allocation -M&A -Base Amount/ Total Population = .126% per capita Attachment L Packet Page. 1116